The Town of Babylon’s plan to revitalize the Route 110 corridor in East Farmingdale, NY keeps moving forward. The Town began targeting this area for transformation in 2005. It now looks like the Town may be closer than ever to achieving its goal of redeveloping 100 acres surrounding the intersection of Route 110 and Conklin
Beware The Restrictive Covenant
Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples.
In both cases, the restrictive covenant combined with applying municipal zoning requirements precluded the development of the property. Fortunately, we had inserted language into
Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers
The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy prior to all property transfers. Specifically, the local law proposed amending Town Code §123-16, Certificate of Occupancy, to state that “upon any change in ownership of a property, an updated certificate of occupancy shall be
Second Department Reverses Trial Court: Cottage is not a Nonconforming Use
On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017 NY Slip Op 02661, the Second Department reversed a trial court decision and reinstated a decision of the Zoning Board of Appeals of the Town of Patterson. The zoning board had granted petitioner Tavano’s
Preservation by Law May Become Par for the Course: Brookhaven Town Rezones Golf Courses
The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps towards fulfilling its endeavor. On March 2, 2017, the Brookhaven Town Board unanimously adopted two resolutions rezoning Mill Pond and Rolling Oaks golf courses, respectively, from a residential district to the newly created golf course
Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court
The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis play. Even the Appellate Division, Second Department, agrees.
To avoid the impact of sun glare, a Town of Southampton property owner sought several variances to construct a tennis court in a north/south direction. One of
Denial of Site Plan Application to Construct a Mosque Held to Violate RLUIPA
On December 31, 2016, U.S. District Judge Michael Shipp of the District of New Jersey authored a 57-page opinion granting partial summary judgment to plaintiffs, The Islamic Society of Basking Ridge (“Islamic Society”) holding that defendants, the Township of Bernards (“Bernards”), violated Islamic Society’s rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”).
Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 1
In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In many cases, these fees can be legally and morally justified, such as when they offset the actual
Update on Town of Huntington’s Proposal To Ban Short-Term Rentals
At its January 10, 2017 meeting, the Town Board of the Town of Huntington held a public hearing to discuss its proposed ban on short-term rentals. Several residents testified at the public hearing in opposition to the ban, explaining why short-term rentals are important to the Town. A few residents explained that these short-term rentals
Public Hearing On The Town Of Huntington’s Short-Term Rental Ban Set For Tomorrow, January 10, 2017
Last April, my colleague Anthony Guardino blogged about the Town of Southold’s local law banning “transient rental properties”, which Southold defined as dwellings that are rented out for less than fourteen nights at a time. Now the Town of Huntington, New York is considering enacting a similar local law.
Huntington’s Proposed Ban
The Town