The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of the project sought a local code amendment and special permit from the Respondent Town Board
As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level. However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect
Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining property to provide access to one lot from Captains
Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure – prior to commencement – to aid in bringing an action or proceeding. In this case, the petitioner-movant sought the production of documents and depositions in
This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department based on New York’s preemption doctrine. In Hunters for Deer, Inc. v Town of Smithtown, ____AD3d (August 18, 2020) the Appellate Division settled a conflict preemption argument between State and local government regulations upholding
Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots. The first lot would contain the existing dwelling and other existing improvements. The vacant second lot would be improved with a single-family dwelling. However, the Village advised Petitioner
On July 21, 2020, the Huntington Town Board adopted significant amendments to the Town’s zoning and site plan regulations for mixed-use buildings in the Town’s C-6 (General Commercial) Districts. The amendments, set forth in a series of resolutions (click here Huntington Zoning Amendments), are aimed at controlling the scale of future mixed-use buildings, reducing
Last week, New York’s State Legislature passed a bill (A10001) seeking to amend NYS Environmental Conservation Law (“ECL”) §23-2703 in order to protect Long Island’s sole source aquifer. The amendment would allow local governments in Nassau and Suffolk counties the ability to prohibit sand mining operations where it is determined that mining is “inconsistent with
Ronald A. Kaye, the property owner at 39 Actors Colony Road, Village of North Haven, sought to subdivide his 157, 241 square foot property into two residential lots. The subject property is located in the Residence R-1 Zoning District where the minimum lot size is 80,000 square
In Cady v Town of Germantown Planning Bd., 2020 NY Slip Op 03440 [3d Dept 2020], the Appellate Division, Third Department, reversed the Columbia County Supreme Court’s judgment annulling site plan approval, and dismissed the Article 78 petition. Among other things, the Court’s decision addressed whether the Planning Board exceeded its authority and