Recently, the Suffolk County Supreme Court affirmed the Southampton Village Zoning Board of Appeals (ZBA) denial of a special permit to subdivide the subject property into two residential lots in the Village’s Office District. In 99 Sanford Place LLC, v Zoning Board of Appeals of the Incorporated Village of Southampton, (Sup. Ct. Suffolk County. Sept. 20, 2022) Justice Linda
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Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan
After more than half a century, the Village of Sea Cliff is in the process of adopting a new Comprehensive Plan to update the 1970 Village Master Plan. New York State recommends that municipalities update their Comprehensive Plans on a regular basis, to identify changes and trends that the community is undergoing, as well as develop a shared vision and…
Continue Reading Village of Sea Cliff in the Midst of Developing a New Comprehensive PlanIs a Freeze in the Forecast for Riverhead’s Industrial Development?
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?Oyster Bay’s Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark
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…
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New York State Adopts New Law Governing Public Meetings by Videoconference
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…
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Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper
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…
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Living Fences in Dering Harbor
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,…
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New Law Authorizes Virtual Option for Public Meetings
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…
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Property Owner’s Request for Court-Determined Just Compensation Backfires
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…
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Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights
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…
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