When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test mandated by statute (see General City Law § 81-b[4][b][i]-[v]; Town Law § 267-b[3][b]; Village Law § 7-712-b[3][b]) and
Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld
In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the denial of an Article 78 proceeding seeking to vacate and annul a determination of the Board of Trustees of the Village of Sagaponack (the “Board”). In its determination, the Board denied the site plan
Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor Area and Lot Coverage
In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences, reducing the maximum permitted coverage for all structures, reducing the maximum allowable gross floor area for accessory buildings, amending the definition of “story” and amending the definition of “cellar”. The petitioner/plaintiffs (“petitioners”) own real property
When Can A Municipal Board Approve a Contract “In Substance?” The Answer May Be Different in a Village Versus a Town
It turns out, according to the Supreme Court, Orange County, that the standards for review of municipal contracts are noticeably less stringent for New York Village Boards than for Town Boards. Village Boards may approve a contract in principal, allowing the Mayor some room for further negotiation and language changes. Town Boards must review and