Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these vestigial uses with regulations that hinge on continual use.  The allowance of nonconforming uses by the courts has been grudgingly tolerated, with the ultimate

By decision dated December 17, 2015, the Town of Southampton Zoning Board of Appeals granted relief from Town Code §330-82 to allow a zero foot road frontage (where 40 feet is required) for two landlocked parcels located at 86 and 138 Old Sag Harbor Road in North Sea to allow for the construction of

In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North Hempstead Board of Zoning Appeals (“Board”) denial of a use variance.  In finding that the house was a “legal