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Josh Withers, Unsplash

Last month, the State’s highest court, the Court of Appeals, upheld the Appellate Division’s decision annulling the New York State Department of Environmental Conservation (DEC) issuance of permits to Sand Land Corporation (“Sandland”) for renewal and expansion of sand mining operations at a 50-acre site in Southampton, New York and remanded the matter back to the DEC. The site, owned by Sandland, is a pre-existing sand mining site.Continue Reading NYSDEC Mining Law Appears Further Undermined by the Court of Appeals

Took a walk on lunch break to create a collection of industry and “gas punk” type photos.
Patrick Hendry, Unsplash

            The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and ownership, among other things, to evaluate actual and potential environmental conditions.  If performed in accordance with the All Appropriate Inquiry Rule (“AAI Rule”), a Phase…

Continue Reading It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

The Huntington Town Board is currently seeking input from residents, businesses and others for a new plan for the redevelopment of the Melville Employment Center (“MEC”).  The new plan will build upon a prior plan that was adopted by the Town Board in 2016.  That plan – known as the Melville Employment Center Plan (“MECP”) – was adopted to help…

Continue Reading Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

For most people, the idea of “Green Energy” likely evokes images of solar panels and wind turbines. However, the movement toward renewable energy, and a more reliable and efficient power grid, involves many other forms of technology that may yet be unfamiliar to the average person. But as the push to expand Green Energy production grows, so too will the…

Continue Reading To BESS, or Not to BESS? The Emergence of Battery Storage Systems on Long Island

As part of her 2023 State of State address, Governor Kathy Hochul announced a statewide strategy to address New York’s housing crisis by building 800,000 new homes over the next decade. The plan, dubbed as the “New York Housing Compact,” is a comprehensive, multi-pronged strategy that mandates local participation and grants incentives to achieve housing growth across the State.  It…

Continue Reading Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

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…

Continue Reading Is Prior Precedent Dead in the Village of Southampton? Depends on Who You Ask.
Sea-Cliff-Today

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 Plan

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