By letter dated November 24, 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial oyster operation, and six summer rental cottages were legal pre-existing nonconforming uses of the property at 28 Whites Lane, on Reeves Creek, Aquebogue NY (“subject property”). The subject property is owned by John and Sandra
Oh Deer! Local Hunting Laws and New York State Preemption Doctrine
In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet to 150 feet from occupied buildings and public places. ECL11-0931(2). This created a ripple effect in many Long Island municipalities that
Second Department Upholds Loss of Religious Use Real Property Tax Exemption
On January 18, 2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property tax exemption on the grounds that the property owner’s use of the main structure as a dormitory and living quarters for 20 students ran contrary to the one family dwelling Certificate of Occupancy issued for
The Ambiguity Rule: “Not-So-Clear” Can Be Useful When Seeking Variances
It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the use of their property. Zoning restricts the use of land which was otherwise free of restrictions. An owner’s rights in use of land are among the oldest and enjoy the most protection under common law
In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key
In 2009, Scenic Development, LLC (“Scenic”) sought a zone change for the property formerly known as the “Patrick Farm” located in the Town of Ramapo to permit the development of multi-family housing. In three determinations adopted January 25, 2010, the Town Board resolved to (i) approve a findings statement pursuant to the State Environmental Quality
Federal Oversight of Zoning within the Fire Island National Seashore
Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about 1,760 feet, divides the Great South Bay and the westerly end of Moriches Bay
Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017
As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar to the Towns of East Hampton and Brookhaven, the Town of Southampton adopted a local law on July 25, 2017 requiring advanced
New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change
Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and Inland Waterways Act, N.Y. Exec. Law § 910. (the “NYS Coastal and Waterways Act”).
Coastal communities and communities on designated
Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling
In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which sought to construct a large-scale retail, restaurant and movie theater complex known
Tie Vote – No Default Denial- Town Law 267-a(13)(b)
Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an action, the board is considered to have acted. What if a ZBA is unable to take any kind of majority action, ending up with a tie vote? The result hinges on the dual