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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Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town
A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation” within the meaning of the local zoning code.
Matter of McFadden v Town of Westmoreland Zoning Bd. presents a strikingly similar issue to that in
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Court Upholds East Hampton Town ZBA Determination Denying Application for a Natural Resources Special Permit
In the Matter of Strandkorb, LLC v. Zoning Board of Appeals of the Town of East Hampton, dated February 11, 2019, the Supreme Court, Suffolk County, upheld the Town of East Hampton Zoning Board of Appeals determination which denied the petitioner’s request to construct a new two story residence with a garage, pool, patio decking, walkways and an upgraded
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Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level
The Breakers Motel has been a fixture in Montauk since the 1950’s. Situated at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean.
In 2015 a building permit was issued by the Town of East Hampton Building Department approving renovations to the existing restaurant
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Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on East Hampton Oceanfront Property
In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision denying a natural resources special permit (“NRSP”) for two parallel 762 linear feet walls built without a permit by Ron Baron
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Uniform Code Conflicts – Town vs. State Regulations
The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards for New York State. Article 18 of the NYS Executive Law requires municipalities within the State to administer and enforce the Uniform Code within their boundaries. Executive Law §379(3) states, “…no municipality shall have the power to supersede, void, repeal
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Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers
The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy prior to all property transfers. Specifically, the local law proposed amending Town Code §123-16, Certificate of Occupancy, to state that “upon any change in ownership of a property, an updated certificate of occupancy shall be obtained.” After consideration at several
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East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems
The Town Board of the Town of East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major renovation projects. This law, loosely modeled after a similar law adopted by the Town of Brookhaven for projects located within the environmentally-sensitive Carmans River watershed, imposes regulations designed
Artists’ Studios in East Hampton: “Cease and Desist”
East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing. However, because of a long history of artists in the Town (e.g., Pollock, Willem and Elaine DeKooning), an artist’s studio is allowed to have a sink and to be as large as 2,500 s.f., depending on the size of the main house. Of course
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East Hampton Town Board Adopts One-Year Moratorium For Wainscott
At its November 17, 2016 meeting, the East Hampton Town Board (Town Board) unanimously adopted a local law that temporarily suspends the authority of the East Hampton Town Planning Board to grant certain site plan and subdivision approvals for properties located on or adjacent to Montauk Highway in Wainscott. The moratorium applies to non-residential Central Business or Commercial Industrial zoning
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