Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate doctrine is the doctrine of merger.  Undersized lots that share a common boundary and are owned by the same person or entity
Continue Reading Single and Separate and the Doctrine of Merger

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

In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the facilities on its property.  The applicant/petitioner, Sid Jacobson Jewish Community Center, Inc. (“Petitioner”), is a “nonprofit nonsectarian Jewish organization” that uses
Continue Reading Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit

Surprise! During the summer of Covid-19, the Town Board of Oyster Bay passed Local Law 4 of 2020, amending Chapter 246, the Town’s zoning code, to eliminate apartments over stores or offices as a permitted principal use in the Nonresidence District designated as Neighborhood Business (“NB”), Central Business (“CB”), and General Business (“GB”).

This town-wide code amendment prohibiting apartments
Continue Reading Apartments Over Stores Are No More – In Oyster Bay