By decision dated December 17, 2015, the Town of Southampton Zoning Board of Appeals granted relief from Town Code §330-82 to allow a zero foot road frontage (where 40 feet is required) for two landlocked parcels located at 86 and 138 Old Sag Harbor Road in North Sea to allow for the construction of
Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board
A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though the municipality wants the project and enacted a local law to smooth the pathway for its approval.
The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course
While the Town of Halfmoon (“Town”) in Saratoga County, New York, may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a golf course may brew beer on-site for its patrons, and
Doctrine of Laches Bars Neighbor’s Challenge to Development
A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code.
The dispute in Kverel v. Silverman arose when the defendant contracted to purchase an undeveloped parcel of land (the “Premises”) in the
Zoning Boards Cannot Render Determinations Absent Jurisdiction and Not All Violations of the Open Meetings Law Justify Annulment or Award
The Appellate Division, Second Department, in Chestnut Ridge Associates, LLC v 30 Sephar Lane, Inc. 169 A.D.3d 995, 2019 N.Y. Slip Op. 01388 [2d Dept 2019], modified a decision of the Supreme Court, Rockland County, which, inter alia, annulled a determination of the Village of Chestnut Ridge (“Chestnut Ridge”) Zoning Board
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
Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use
In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel truck accident and gasoline spill.
The property owner, Leemilt’s Petroleum, Inc. (the “Owner”), leased the subject property (the
Getting Lost in the “Open Space” of New York City’s Superblocks
In Peyton v. New York City Bd. of Standards and Appeals, (2018 N.Y. 06870, 166 A.D.3d 120 (1st Dept 2018), Petitioners-community residents (“Petitioners”) commenced a proceeding to challenge the City of New York (“City”) Board of Standards and Appeals’s (“Board”) resolution upholding the City Department of
Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patchogue
The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by the Zoning Board of Appeals (“ZBA”) Chairman implying prior precedent approving such applications.
In June 2014, the petitioner applied to
Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock
On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to construct a dock at their waterfront property. Each of the attempts resulted in a Supreme Court litigation. As we blog about these cases today, no dock