Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only to the current owner. But under the Fair Housing Act (FHA), reasonable accommodations can be made that are essentially personal variances
Continue Reading Zoning – Reasonable Accommodations Under the Fair Housing ActBoard of Zoning Appeals
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…
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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…
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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…
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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…
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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…
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Second Department Affirms Article 78 Reversal of Village Zoning Board Determination
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 that he would need to…
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Appellate Division Upholds Denial of Article 78 Petition Against Zoning Board of Appeals of the Village of North Haven
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 feet. In October of 2016,…
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