Long Island Land Use and Zoning

Blog Authors

Latest from Long Island Land Use and Zoning

How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

April 6, 2020

Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge municipal determinations. This impact is significant given the short statutes of limitations periods typical to land use litigation. Governor Andrew Cuomo’s Executive Order 202.8 (“Executive Order“) “temporarily suspends or modifies” various time-frames dictated by applicable statute, law, rule or regulation; in relevant part: “any specific time…

Long Island Land Use and Zoning

Coronavirus & The Open Meetings Law: How To Hold Public Meetings During The COVID-19 Pandemic

By John C. Armentano

March 30, 2020

The public health crisis created by COVID-19 has forced municipal officials statewide to cancel, suspend or postpone previously scheduled public hearings and meetings. How do public bodies conduct their necessary business during these uncertain times? Below is a brief analysis and summary of what options are available. Background On March 7, 2020, Governor Cuomo issued Executive Order Number 202 declaring a state of emergency for New York. On March 13, 2020, Governor Cuomo amended this…

Long Island Land Use and Zoning

The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects

By Anthony S. Guardino

March 24, 2020

NOTE: This blog post was updated on March 27, 2020 to reflect the new guidance that was issued by New York State Governor Cuomo’s office today relative to construction. Despite the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless of how far along they are in the development process. However, the need to comply with the emergency executive orders…

Long Island Land Use and Zoning

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

By Kyle Gruder

March 23, 2020

A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action. In 2007, Orange County (the “County”) acquired property known as Camp LaGuardia from the New York City Economic Development Corporation. Originally, the County’s plan was to designate the property for both residential and commercial use. This would have required zoning changes…

Long Island Land Use and Zoning

Standing And The Open Meetings Law

By Charlotte Biblow

March 16, 2020

A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily under the State Environmental Quality Review Act. A recent case issued by the Appellate Division, Second Department, entitled Matter of McCrory v Village of Mamaroneck Board of Trustees, involves standing in the context of a challenge to a municipal action under the Open Meetings Law (Article 7 of the Public Officers Law). Here…

Long Island Land Use and Zoning

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

By Philip A. Butler

March 9, 2020

When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their objections, landowners can sometimes seek judicial review of the board’s decision through an Article 78 proceeding.[i] However, there is another tool available to landowners that can affect the course of a board’s process before it makes its final decision.…

Long Island Land Use and Zoning

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

By Elizabeth Vail

March 2, 2020

The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle. The City adopted a negative declaration pursuant to the New York State Environmental Quality Review Act for the amendment. The zoning code amendment allowed for the development of a 64-unit memory care facility for people with Alzheimer’s disease, dementia…

Long Island Land Use and Zoning

New Yorkers Say Goodbye to Plastic Bags

By Charlotte Biblow

February 24, 2020

New York’s “Bag Waste Reduction Act” and the regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC) to enforce this law become effective on March 1, 2020. The law bans the distribution of plastic carryout bags, also referred to as film plastic bags, commonly associated with grocery stores. The ban, however, is much broader than that. The law also includes several exemptions. Here’s a summary of some of the pertinent provisions. First…

Long Island Land Use and Zoning

Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

By Philip A. Butler

February 17, 2020

When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it was not legal from the start, no matter how long it has existed. Consequently, the common assertion that something has “existed forever” or “always been that way” is not an absolute defense against a local enforcement proceeding seeking to abate…

Long Island Land Use and Zoning

Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

By Kyle Gruder

February 10, 2020

In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the “Historic District”) Transition Zone, in the Town of Brookhaven (the “Town”). Petitioners applied for an area variance to permit them to install a canopy extending over the gas pumps to protect patrons from inclement whether while filling…

Long Island Land Use and Zoning

Blog Authors

How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

Coronavirus & The Open Meetings Law: How To Hold Public Meetings During The COVID-19 Pandemic

The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

Standing And The Open Meetings Law

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

New Yorkers Say Goodbye to Plastic Bags

Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

Stay Connected

Company

Support

New to the Network