In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert, Inc., d/b/a Ira Wickes, Arborist (“Wickes”), sought a special use permit and site plan approval to conduct arborist and landscaping services and to operate a nursery on its property located within the Village of Wesley Hills (the “Village”), in
Continue Reading Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval
Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal
In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement, LLC (“Petitioner”), owns a 120-foot by 57-foot parcel of property (the “Property”) located in the City of Long Beach (the “City”) on Long Island, which it purchased in 2015. In or around June, 2016, Petitioner submitted an application to
Continue Reading Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal
Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)
In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area resulting in a new 23 foot high building in the front yard, ten feet from the side yard lot line and five
Continue Reading Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)
Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit
In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the facilities on its property. The applicant/petitioner, Sid Jacobson Jewish Community Center, Inc. (“Petitioner”), is a “nonprofit nonsectarian Jewish organization” that uses
Continue Reading Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit
Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals
In the Matter of Parsome, LLC v. Zoning Board of Appeals of the Village of East Hampton, decided February 10, 2021, the petitioner appealed the denial of an Article 78 Petition by the Supreme Court, Suffolk County. The Appellate Division, Second Department, upheld the Supreme Court’s determination. Specifically, petitioner purchased property in the manufacturing zoning district in the Village
Continue Reading Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals
Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer
In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer. The Wetlands Inspector for the Town of Putnam Valley (the “Town”) granted the owners a permit waiver, and shortly thereafter, the Town’s Zoning Board of Appeals
Continue Reading Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer
Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702
The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn submitted permit applications to the Village for four weddings to be held outdoors in tents at the property between March and September.
Continue Reading Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702
First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution
Last year, the New York County Supreme Court heard an Article 78 challenge by Preserve Our Brooklyn Neighborhoods (“POBN”), a civic organization dedicated to maintaining the unique character and historical significance of the Fort Greene area of Brooklyn, New York. This lawsuit, which I discussed in a previous post, turned on whether a resolution passed by the New
Continue Reading First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution
Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance
In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is required at their property located at 3 Old Station
Continue Reading Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance
Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination
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 Neck Lane. The two lots
Continue Reading Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination