A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted. Petitioners in 54 Marion Ave., LLC v. City of Saratoga Springs, 2018 N.Y. Slip Op. 04611, 162 A.D.3d 1341 (3d Dep’t 2018), commenced a hybrid proceeding/action to challenge and annul a determination of the Zoning Board of Appeals (“ZBA
Continue Reading Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance
Saratoga Springs
Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs
By Farrell Fritz P.C. on
In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse environmental impacts. An applicant whose project receives a Neg. Dec. is spared the (often) considerable time and expense of preparing an environmental impact statement (EIS) and…
Continue Reading Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs