Long Island Land Use and Zoning

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Latest from Long Island Land Use and Zoning

Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage of Construction Equipment

January 11, 2021

In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use. By way of background, the petitioner (“Petitioner”) owns property located in Rocky Point, within the Township of Brookhaven (the “Town”), Suffolk County, New York (the “Property”). Prior to Petitioner’s ownership of the Property, it was “used to provide water…

Long Island Land Use and Zoning

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

By Philip A. Butler

January 4, 2021

When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it pertains, and to consider which of those parties should be named. As in other areas of litigation, the potential penalty for failure to name a necessary and indispensable party is dismissal of the action without reaching the merits. This concept…

Long Island Land Use and Zoning

Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

By John C. Armentano

December 21, 2020

In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020], the Appellate Division affirmed the grant of the Article 78 Petition of D.P.R. Scrap Metal Inc. (DPR) annulling the Zoning Board Appeals (ZBA) determination as arbitrary and capricious and not supported by evidence. In this case, DPR operated its metal recycling business at 125 Harper Street, Westbury, New York in a largely industrial area…

Long Island Land Use and Zoning

Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton

By Elizabeth Vail

December 14, 2020

In 2018, this Blog published “Challenge to Montauk’s Motel Restaurant Fails at Supreme Court Level” discussing the Article 78 petition and plenary action entitled Jane H. Concannon Revocable Trust v. The Building Department of the Town of East Hampton, Town of East Hampton Zoning Board of Appels, and Breakers Motel, Inc., Index No. 4297/2016, dated February 5, 2018. In this case, the neighboring property owner appealed the Town of East Hampton’s Zoning…

Long Island Land Use and Zoning

Farmingdale To Bring Upper Levels to the Ground Floor: Proposed Amendments to Downtown Zoning

By John C. Stellakis

December 7, 2020

Tonight, the Incorporated Village of Farmingdale (“Farmingdale“) will consider amending its zoning code to expand permitted uses in its Downtown Mixed-Use Zoning District (“Downtown“). The proposed amendments will allow, among other things, legal and medical offices on the ground level of buildings. The changes will allow more space for non-retail businesses and help to ensure Farmingdale’s Downtown remains vibrant, especially given the impacts of the COVID-19 pandemic on the retail sector. Farmingdale established its…

Long Island Land Use and Zoning

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

By Anthony S. Guardino

November 30, 2020

In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town resident commenced an action in the United States District Court for the Eastern District of New York challenging the resolution’s constitutionality. The complaint was filed by Kevin McKenna, who describes himself as a citizen advocate and editor…

Long Island Land Use and Zoning

First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution

By Kyle Gruder

November 23, 2020

Last year, the New York County Supreme Court heard an Article 78 challenge by Preserve Our Brooklyn Neighborhoods (“POBN”), a civic organization dedicated to maintaining the unique character and historical significance of the Fort Greene area of Brooklyn, New York. This lawsuit, which I discussed in a previous post, turned on whether a resolution passed by the New York City Council (the “City”) constituted unconstitutional spot zoning. As a refresher, in the Supreme…

Long Island Land Use and Zoning

Is It Time? The Importance of Updating Town and Village Comprehensive Plans

By Philip A. Butler

November 9, 2020

The Covid-19 health crisis has sent widely-discussed shockwaves through the real estate industry that could have long-reaching impacts on the future of land use on Long Island. For starters, the pandemic shutdown hit the brick-and-mortar retail industry like a bomb. In addition to devastating small businesses everywhere, the pandemic forced under several long-struggling (and some not-so-struggling) retail giants. The pandemic also caused an urban diaspora of people fleeing New York City with a corresponding surge…

Long Island Land Use and Zoning

Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

By John C. Armentano

November 2, 2020

On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”) halting the use of an existing hotel as an emergency homeless shelter stating that there is no pre-emption by the State of New York that allows a property owner to convert a facility to a potential non-conforming use without…

Long Island Land Use and Zoning

Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance

By Elizabeth Vail

October 26, 2020

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is required at their property located at 3 Old Station Place, Amagansett. The Gerbinos purchased their property with the subject patio which is located next…

Long Island Land Use and Zoning

Blog Authors

Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage of Construction Equipment

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton

Farmingdale To Bring Upper Levels to the Ground Floor: Proposed Amendments to Downtown Zoning

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution

Is It Time? The Importance of Updating Town and Village Comprehensive Plans

Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance

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