In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North Hempstead Board of Zoning Appeals (“Board”) denial of a use variance. In finding that the house was a “legal nonconforming” 2-family residence, the Appellate
Continue Reading Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District
Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District
Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in Port Washington’s Waterfront Business (“B-W”) District. The Town’s B-W District encompasses approximately 10 acres adjacent to Manhasset Bay, and runs along the west side of Main Street from Sunset
Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors and subcontractors be participants in a “qualified apprenticeship program” that is registered and approved by the New York State Department of Labor. While these provisions are often entitled “safe and code compliant construction” and may be perceived as fostering apprenticeship
Under New York State law, zoning boards and planning boards are authorized to impose reasonable and appropriate conditions and restrictions on the grant of a variance or special permit, provided that they are directly related to, and incidental to, the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance and 
While the answer to the question posed in the title to this article seems obvious enough, it is actually a fairly complex question in many jurisdictions on Long Island. It is important to know where the front yard for your property is because municipalities typically regulate the location and types of structures that can be placed in front yards, more