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
Long Island Pine Barrens Society Has Standing To Challenge
In prior posts, we discussed sand mining in Southampton, Pine Barrens Credits and the State Environmental Quality Review Act (“SEQRA”). A recent case out of Suffolk County touches on all three areas, so we decided to write a blog post on it.
The case, Matter of the Application of the Long Island Pine Barrens Society,
Judge Refuses to Throw Out Southold Town’s Controversial Garbage Bag Law
A Suffolk Supreme Court Justice has upheld Southold Town’s “yellow bag” law which requires residents to place refuse in Town issued yellow garbage bags. Proceeds from the sale of the yellow bags are used to operate a transfer station located in Cutchogue.
In March 2012, Go-Green Sanitation, a garbage carter, was hauled into Justice Court
How to Successfully Prepare and Record a Deed in New York, Part 2: No Consideration Deed Transfers
On July 11, 2016, I began a short blog series on how to successfully prepare and record a deed in New York State. In that post, we reviewed the various types of deeds available such as warranty deeds, bargain and sale deeds and executors deeds. We also discussed the importance of securing a copy of
Village Says Yes To Special Use But No To Special Exception For The Same Residence
A recent appellate court case, Matter of Lazarus v Board of Trustees of the Village of Malverne, 31 NYS3d 207 [2d Dept 2016], involves the approval of a special use and the denial of a special exception for the same residential premises. Here are the facts of the case.
The house in question is
Bayville’s Local Laws Allowing Ground-Floor Residential Apartments In Business Districts Annulled By The Court Because The Village Engaged In Improper SEQRA Segmentation
In a determination dated June 30, 2016, the Honorable Jerome C. Murphy, Supreme Court, Nassau County, annulled and vacated the Village of Bayville’s local laws amending its zoning code based on the Village’s failure to comply with the New York State Environmental Quality Review Act (“SEQRA”). See Save Bayville Now, Inc., v Incorporated Village
To Bee, or Not to Bee Keep on Long Island
When people think of beekeeping on Long Island, they think of vast open space and the farms and apiaries they travel past out east where a jar of local honey can be picked up on the side of the road during the summer season. What most people are not aware of is that, not only
FAA Extends The North Shore Helicopter Route For Four More Years
In our July 18th post, we discussed the North Shore Helicopter Route and its fast-approaching expiration date. In that post, we noted that the Federal Aviation Administration (the “FAA”) had not yet decided what to do about the route and told you we would keep you apprised of future developments. Here’s that update.
Time To Rezone Moriches and Eastport (Again)
If you own property in the Moriches and Eastport area, now is a good time to check your zoning. On July 12, 2016, the Town Board of Brookhaven, on its own motion, rezoned approximately 1400 parcels, which included about 1,200 acres in Moriches, Center Moriches, East Moriches and Eastport (the “Greater Moriches Area”). Spearheaded by
The North Shore Helicopter Route – Sure Beats The Long Island Expressway
Picture it – another hot and humid summer afternoon on Long Island. There you are, you master of the universe, sipping a margarita or perhaps a frozen daiquiri, or both, as you lounge on the patio of your beachfront home enjoying another weekend in the Hamptons. Not a care in the world. And then you