View of Hudson River from Upper Nyack, New YorkPetitioner, 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
Continue Reading Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. According to the New York State Energy Research and Development Authority  (NYSERDA) a community solar project, sometimes referred to as a solar garden or shared renewable energy plant, is “an array
Continue Reading Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects