By decision dated March 13, 2014, the Appellate Division, Second Department, upheld a trial court decision in Harbor Park Realty, LLC v. Modelewski, affirming certain relief granted by the Town of Huntington Zoning Board of Appeals (“ZBA”) to 1033 Fort Salonga, LLC, et al. (hereinafter “1033”) for a depth extension into a residential
The “Taking” of Neptune Beach Club – Will Southampton Town Buy the Nui$ance?
On September 10, 2013, the Town of Southampton adopted a Resolution authorizing the “acquisition” of the ever popular and quite infamous Neptune Beach Club (referred to by partygoers as “Neptunes”) located on Dune Road in Hampton Bays. The source of funding for the acquisition is the Community Preservation Fund (“CPF”) established in 1998 and adopted
New York State Legislation Banning Prada, Kohl’s and Wal-Mart?
Yes, it’s true- the New York State Legislature has proposed legislation specifically designed to provide Towns, Villages and Cities with the authority to not only regulate, but to ban, all retail establishments which present a standardized branded marketing concept!
During the 2013-2014 Legislative Session, Legislative Bill S01771/A01216 was introduced for consideration by the New York
Drawing a Line in the Sand: Court Defines Southampton Trustees’ Authority To Regulate Erosion Protection Structures Along the Shoreline
In an area of shifting sands, the Suffolk County Supreme Court in Semlear, et al. v. Albert Marine Construction, Inc., delineated property rights landward of the crest of the dune, the “line of demarcation”, and the rights of the Southampton Town Trustees to regulate the placement of shoreline protection structures along the beaches of the
Brookhaven Town’s Change of Zone Voting Requirement – Big News or Old News?
On May 21, 2013, the Town of Brookhaven adopted Local Law No. 26, which amends Brookhaven Town Code § 85-38 by imposing a supermajority vote of Brookhaven Town Board members in those instances where a written petition, commonly known as a “Protest Petition” is filed by town property owners opposing a change of zone application.
Stopping the Clock in a Zoning Enforcement Proceeding
Who says, “You can’t fight City Hall”? In New York, a “stop work order” or a temporary restraining order can be issued by a municipality upon a person or company who is in violation of a zoning ordinance. Both of these are severe in nature, placing an immediate halt on any work or construction. The
UPDATE: Court of Appeals Invalidates Local Zoning Law Prohibiting Check Cashing Businesses
On February 14th, the Court of Appeals decided Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, – – N.E.2d – -, 2013 WL 530640 (N.Y.), 2013 N.Y. Slip Op. 00949 (Feb. 14, 2013). At issue was a provision of the Town of Hempstead Building Zone Ordinance (“BZO”) which prohibited check cashing
A Victory for Check Cashing Businesses in the Town of Hempstead
In a recent decision, Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, 91 A.D.3d 126, 933 N.Y.S.2d 388 (2d Dept. 2011), the Appellate Division, Second Department, invalidated Section 302(K) of the Town of Hempstead Building Zone Ordinance (“BZO”) based on the doctrine of conflict preemption.
Section 302(K) of the BZO was
Long Island Towns and Villages Move to Regulate Bamboo
There is a movement afoot among Long Island municipalities to regulate or, in some cases, ban the planting, growing or cultivation of bamboo within their communities. To some, bamboo is an exotic evergreen plant that creates an attractive and effective privacy screen. To others, however, it is an aggressive, invasive plant that causes ecological harm
Community-Based Planning Leads to Desired Results for Residents and Expected Outcomes for Developers
What local options are available for my community to encourage growth that will meet the changing needs of the people who live there and, at the same time, preserve and protect critical natural resource areas? In New York, the State’s Town Law and Village Law give municipalities the power to create incentive zoning that will