Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in Port Washington’s Waterfront Business (“B-W”) District. The Town’s B-W District encompasses approximately 10 acres adjacent to Manhasset Bay, and runs along the west side
The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals
In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc. (“Alliance“) commenced two consecutive Article 78 proceedings challenging certain approvals. The Court addressed multiple appeals from both proceedings in Catskill Heritage Alliance,
Revitalizing Long Island’s Downtown Communities – Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant
Last week, we reported on a $10 million award issued by the State to help revitalize downtown Hicksville. Well, the Governor is at it again. On August 8th, Governor Cuomo announced the winners of the third round of the Downtown Revitalization Initiative; and Central Islip is the big winner on Long
Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?
After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments to the implementing regulations of the State Environmental Quality Review Act (SEQRA). The new regulations take effect on January 1, 2019 and will apply to all pending and future actions for which a determination of
Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement
An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. The site had existing mature trees on the perimeter of the property, some of which were proposed to
Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance
Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often these split zoned parcels are found at interfaces between commercial and residential uses or other areas
How Not to Fix A Failure to Refer A Land Use Matter To The Planning Commission
General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning Board of Appeals or Planning Board must refer the application to a county or regional planning commission for its recommendation. This referral and receipt of comments and recommendations from the planning commission is no longer
Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application
Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates around its property in Sagaponack. See, 79 Parsonage LLC v. Zoning Board of Appeals of the Incorporated Village
An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit
In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning Board of Appeals Limitations on Pre-existing Nonconforming Uses Associated with Hamptons Mining Operation.” Despite the Appellate Division’s decision regarding certain pre-existing nonconforming uses occurring on the site, Sand Land Corporation’s (“Sandland”) pre-existing mining
The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m
Last month, the Appellate Division, Second Department, issued four decisions[1] in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”). Plaintiff/Petitioner Calverton Manor, LLC (“Calverton Manor”), in connection with a site plan application, sought to annul several resolutions adopted by Defendant/Respondent Riverhead Town Board (“