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Long Island has seen a tremendous influx of investment in new industrial projects over the last two years, particularly in the self-storage, warehousing and distribution sectors. These projects promise to bring much needed, state-of-the-art facilities to Long Island’s towns, which industry leaders describe as a long-underserved market. Of equal importance to Long Island’s future is the tax revenue and jobs…

Continue Reading Is a Freeze in the Forecast for Riverhead’s Industrial Development?

According to a report published by the World Economic Forum, e-commerce sales ratios nearly tripled globally between 2014 and 2019.  In 2020, the COVID pandemic was a catalyst that accelerated this already rising trend by requiring traditional brick-and-mortar businesses to quickly shift to e-commerce.  As more and more consumers turn to e-commerce for their shopping needs, there is an expectation…
Continue Reading Oyster Bay’s Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

As part of the 2022 adopted State Budget, the New York State Legislature amended the Open Meetings Law (Public Officers Law § 100, et seq.) to authorize public bodies to conduct meetings using videoconference technology through June 30, 2024.  Videoconferencing was commonly used by public bodies during the pandemic because the public was prohibited from attending government meetings in…
Continue Reading New York State Adopts New Law Governing Public Meetings by Videoconference

In April 2019, this blog discussed Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U) (Sup. Ct. New York Co., March 14, 2019), a case in which the New York County Supreme Court granted an Article 78 petition to annul a 2018 resolution by the New York City Board…
Continue Reading Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

The Board of Trustees in the Village of Dering Harbor, located on Shelter Island, adopted a resolution in February of 2018, granting an application of property owners, Brad Goldfarb and Alfredo Paredes, to install and maintain a “living fence”, commonly known as hedges, on their property. The Architectural Review Board likewise approved of the application for hedges.

Deering Point Associates,…
Continue Reading Living Fences in Dering Harbor

On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the transmission rates of the COVID-19 Delta variant.  One of the measures effectively suspends provisions of the Open Meetings Law and allows local government meetings that are…
Continue Reading New Law Authorizes Virtual Option for Public Meetings

The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward.  The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347 (“Route 347”) in the Town of Smithtown.  The Property is improved with a commercial building and is subject to a long-term ground lease with Taco…
Continue Reading Property Owner’s Request for Court-Determined Just Compensation Backfires

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development projects: (i) reversionary zoning, (ii) mandatory and discretionary site plan review, (iii) sewer agreements, and (iv) due process and equal protection rights. Ultimately, the…
Continue Reading Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

The Suffolk County legislature is currently considering a bill (I.R. 1478-2021) that would provide towns and villages with a greater opportunity to weigh in on certain zoning applications proposed in adjacent municipalities as part of the formal County review process pursuant to General Municipal Law § 239-m and Article XIV of the Suffolk County Administrative Code.  The proposed legislation…
Continue Reading Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities  

Due to delays resulting from the COVID-19 pandemic, as well as other factors, many municipalities across Long Island are experiencing significant backlogs of processing building permit applications.  In some towns and villages, applicants are waiting several months to obtain a building permit.  Currently, building permits can only be issued by local municipalities and their officials tasked with such duties.  However,…
Continue Reading New York State Legislature Considering Bill That Would Allow Licensed Architects or Engineers to Issue Building Permits