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…
Municipal Moratoriums, The Suffolk County Planning Commission and The Sag Harbor and Patchogue Experience
In recent months, the Village of Sag Harbor and the Village of Patchogue enacted moratoriums aimed at halting large-scale residential development, and in Patchogue’s case, including multi-family residential development. Both Villages learned that enacting moratoriums is not only subject to referral to the Suffolk County Planning Commission (“SCPC”) pursuant to General Municipal Law § 239-m…
Justice Brennan’s “Miraculous Tool” Has Arrived: The Government Drone Zone
On February 26, 2016, we published our first Drone blog post: FROM PEEPING TOMS TO PEEPING DRONES: Help, Big Brother Government is Peeping in My Backyard. We advised that New York State is presently considering multiple bills all designed to regulate drones and drone users. Further, Suffolk County and the Town of Huntington adopted drone…
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…
Easement Holder is “OUT” of the Game Before it Begins – Easement Lost to Adverse Possession
On at least three occasions, in 1961, 1966 and 1972, the parties to a shared driveway easement confirmed its existence in writings contained in deeds and a stand-alone written agreement.
Despite this fact, in a recent Kings County Supreme Court decision, plaintiffs Braunsteins, neighbors to the widow of famed baseball player Gil Hodges, were…
Village of Great Neck Plaza Leading The Way – Climate Change
The Village of Great N
eck Plaza (“the Village”) may be small in size (about a third of a square mile) but it is leading the way on climate change on Long Island. In February 2016, it became one of the first villages on Long Island to adopt a climate action plan (CAP).[1] The…
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…
FROM PEEPING TOMS TO PEEPING DRONES: Help! Big Brother Government is Peeping in My Backyard
In recent years, advances in technology have not only enhanced our ability to connect with one another on a professional and social level but also, advances in technology have allowed the government, at all levels, to peep into our lives at every turn. ![th[2]](https://www.lilanduseandzoning.com/wp-content/uploads/sites/128/2016/02/th2.jpg)
Today, criminal defendants’ cases can easily rise and fall on the nature…