Under New York State law, zoning boards and planning boards are authorized to impose reasonable and appropriate conditions and restrictions on the grant of a variance or special permit, provided that they are directly related to, and incidental to, the proposed use of the property. Such conditions shall be consistent with the spirit and intent
Castle Located in Residential Zone Prohibited from Conducting Weddings, Large Parties and Other Social Receptions
On July 21, 2016, the Appellate Division, Third Department, upheld a decision of the trial court in Lavender II v. Board of Zoning Appeals of the Town of Bolton, 141 A.D. 3d 970 (3d Dept., 2016) (Krogmann, J. ,Warren County) holding that a Castle located in a residential zone along panoramic Lake George, could not
Marketing Activities of Vineyards: When Do Local Zoning Laws Apply?
With an increase in the number of vineyards marketing themselves as venues for wedding receptions and special events, local governments across New York State have begun enacting legislation aimed at curtailing the marketing activities of vineyards, indicating that they are seeking to protect the health and safety of their communities. 
Some towns and villages now
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
Located in the hamlet of Bridgehampton, Town of Southampton, a sand mine operation owned by Sand Land Corporation and run by Wainscott Sand & Gravel Corporation (“Sand Land”) had its zoning changed by the Town in 1972 from G-Industrial to CR Country Residence, now CR200, constituting five-acre residential zoning. 
Upon the zone change, the sand
Is Your Summer Rental Legal? Southold Town’s Short-Term Rental Law Comes Under Attack
Using Airbnb and similar web-based short-term rental services that enable homeowners to rent out their homes has become popular with budget-conscious travelers. However, a growing number of municipalities believe that such transient rentals threaten the residential character and quality of life in the neighborhoods in which they occur and have adopted laws to regulate short-term
Glen Cove Authorizes Use of Summary Decisions in Zoning Board Matters
On February 23, 2016, the Glen Cove City Council voted to approve a local law allowing the City’s Board of Zoning Appeals to issue its decisions in summary format. Summary decisions would set forth the Board’s decision and any conditions imposed, without enumerating detailed findings which form the basis of the Board’s decision. The law’s
Leonardo DiCaprio Won’t be Vaping In Lindenhurst Any Time Soon
Turns out Oscar winner Leonardo DiCaprio can’t vape at the Oscars or in the Village of Lindenhurst.
On March 2, 2016, the Village was the first municipality to crack down on this latest smoking trend – vaping. The Village adopted a moratorium prohibiting any new vape stores from being opened in the Village’s business
Couple’s Dream of a Family Winery Crushed by Zoning Board Decision
A Southold couple’s dream to build a winery and continue operating a tasting room at their Old North Road residence seems all but lost after a recent ruling of the Southold Town Zoning Board of Appeals. The Town Zoning Board denied their requests for variances that would allow the winery and tasting room to operate
Zoning Laws Do Not Exist to Insure Economic Interest
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
Appellate Court Rules on Common-Law Vested Rights
The Appellate Division, Second Department, recently held that developers who incurred substantial expenses in furtherance of a particular development do not acquire a common-law vested right to proceed under prior zoning laws, where they failed to comply with the conditions of a prior approval before new zoning regulations were adopted. It also held that a