New York State Town Law § 277(9) authorizes a town Planning Board to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in case the developer fails to finish the required work. Specifically, Town Law §277(9) states: “[a]s an alternative to the installation of infrastructure and improvements, as
Continue Reading Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void
The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals
In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc. (“Alliance“) commenced two consecutive Article 78 proceedings challenging certain approvals. The Court addressed multiple appeals from both proceedings in Catskill Heritage Alliance, Inc. v. Crossroads Ventures, LLC,
Continue Reading The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals
Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement
An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. The site had existing mature trees on the perimeter of the property, some of which were proposed to be cut down and replaced
Continue Reading Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement
Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot
It is not uncommon for municipal planning departments to require applicants who are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel. Consolidation or merger typically results in a new tax map number, a new single tax bill for the consolidated or merged lots, assurances to the municipality that
Continue Reading Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot
The Ambiguity Rule: “Not-So-Clear” Can Be Useful When Seeking Variances
It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the use of their property. Zoning restricts the use of land which was otherwise free of restrictions. An owner’s rights in use of land are among the oldest and enjoy the most protection under common law and state and federal constitutions.
Continue Reading The Ambiguity Rule: “Not-So-Clear” Can Be Useful When Seeking Variances
In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key
In 2009, Scenic Development, LLC (“Scenic”) sought a zone change for the property formerly known as the “Patrick Farm” located in the Town of Ramapo to permit the development of multi-family housing. In three determinations adopted January 25, 2010, the Town Board resolved to (i) approve a findings statement pursuant to the State Environmental Quality Review Act (“SEQRA”) for the
Continue Reading In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key
SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations
Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board of the Village of Tuckahoe (“Board”) and others in Murphy v. Planning Board of Tuckahoe (Sup. Ct. Westchester County 2017), to annul a negative declaration issued by the Board. The Board initially issued a conditional
Continue Reading SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations
7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape
On July 7, 2017, Judge William G. Ford issued a decision in the case Matter of 7-Eleven, Inc. v. Town of Babylon, Supreme Court, Suffolk County, 2017 NY Slip Op 31467(U) , in which the Town was excoriated for its mishandling of a site plan approval and building permit application. Although the applicant prevailed in court, it took five
Continue Reading 7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape
Vested Rights – Court of Appeals Update
Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014].
In New York, the “vested rights” doctrine is equitable in nature and implicated when a property owner or developer seeks to
Denial of Site Plan Application to Construct a Mosque Held to Violate RLUIPA
On December 31, 2016, U.S. District Judge Michael Shipp of the District of New Jersey authored a 57-page opinion granting partial summary judgment to plaintiffs, The Islamic Society of Basking Ridge (“Islamic Society”) holding that defendants, the Township of Bernards (“Bernards”), violated Islamic Society’s rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). The Bernards Planning Board denied
Continue Reading Denial of Site Plan Application to Construct a Mosque Held to Violate RLUIPA