A Town of East Hampton resident can continue to operate a home-based dog-walking and pet sitting business after the East Hampton Zoning Board of Appeals voted unanimously to overturn a previous determination by the Town’s...more
A significant portion of Governor Andrew M. Cuomo’s original fiscal year 2020 budget proposal discusses in detail his idea for a “Cannabis Regulation and Taxation Act,” to be known colloquially as the “cannabis law.”...more
The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located...more
Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. ...more
12/17/2018
/ Cell Towers ,
Critical Infrastructure Sectors ,
Environmental Impact Report (EIR) ,
Mobile Devices ,
Municipalities ,
Right of Way ,
SEQRA ,
Telecommunications ,
Telecommunications Act ,
Wireless Industry ,
Wireless Technology
The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more
Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in...more
Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more
On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more
In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission...more
A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located...more
Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more
10/30/2017
/ Beachfront Properties ,
Condemnation ,
Conservation ,
Department of the Interior ,
Land Developers ,
Land Use Restrictions ,
Land-Use Permits ,
Municipalities ,
National Park Service ,
Real Estate Development ,
Regulatory Oversight ,
State and Local Government ,
Variances ,
Zoning Laws
In this post, which is the third and final segment of a three-part series, we look at real property recording and related fees, which have increased significantly in Nassau and Suffolk Counties in recent years. Like illegal...more
In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which...more
In this post, which is the second segment of a three-part series, we will highlight the various ways that local governments facing fiscal challenges have turned to imposing fees related to the administration of their zoning,...more
On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning Code as it relates to agricultural uses. Specifically, the local law amends and adds certain definitions to the Code...more
The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more
Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments.
Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more
1/26/2017
/ Affordable Housing ,
Arbitrary and Capricious ,
Condominiums ,
Contaminated Properties ,
Covenants that Run With the Land ,
Housing Developers ,
Legitimate State Interest ,
Local Ordinance ,
Municipalities ,
Rental Property ,
Residential Property Owners ,
Restrictive Covenants ,
Single Family Housing ,
Special Use Permit ,
State and Local Government ,
Tenants ,
Urban Planning & Development ,
Variances ,
Zoning Laws
In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more
1/24/2017
/ Affordable Care Act ,
Construction Industry ,
Construction Project ,
Critical Infrastructure Sectors ,
Impact Fees ,
Land Developers ,
Land Use Fees ,
Land-Use Permits ,
Municipalities ,
Real Estate Market ,
State and Local Government ,
Zoning Laws