516-227-0700

Land Use & Municipal

Navigating a clear path for our clients through the complex terrain of zoning law.

Long Island and New York area businesses must deal with a complex and growing body of zoning and other regulations governing the use of land—from community resistance to multifamily rental housing and adaptive re-use of vacant retail properties to providing housing for the region’s aging population. The land use attorneys at Farrell Fritz help them do it successfully. We represent zoning applicants—including major real estate developers, national retail chains, multinational corporations and other landowners—as well as municipalities in all phases of commercial, industrial, and residential development. Our land use and municipal attorneys also work closely with our real estate and corporate and finance lawyers to help our clients avoid, resolve, or mitigate problems that can arise when purchasing, financing, and developing real property.

Land Use & Zoning

From private homeowners to national retailers and developers, Farrell Fritz represents a diverse array of land use applicants in all aspects of the development approval process. Our land use and municipal attorneys:

  • Appear regularly before municipal boards in connection with applications for zone changes, subdivisions, variances, special permits, site plans, and architectural review.
  • Have significant expertise with the State Environmental Quality Review Act (SEQRA) process that is required for most land use applications.
  • Are adept at procuring ancillary development permits and approvals, such as for municipal and on-site sewage disposal facilities.
  • Leverage their familiarity with, and knowledge of, the various local government agencies to efficiently and effectively navigate the development process from start to finish.

Municipal Representation

The firm has a long-standing tradition of government service, especially on the local, municipal level. Our municipal law team includes current and former elected officials who provide an invaluable perspective on the legal issues involved in managing a municipality or government agency. Farrell Fritz municipal attorneys have served as general or special counsel for numerous towns, villages and fire districts, defending lawsuits, drafting legislation, and offering advice on labor, zoning, real estate, taxation and other municipal law matters.

Land Use Litigation

While we strive to enable our clients to successfully meet their goals without litigation, clients are occasionally left with no other option. Our land use attorneys have a proven track record litigating land use and zoning law issues on behalf of both zoning applicants and local governments in federal, state, and local courts and before administrative tribunals. Farrell Fritz is the attorney-of-record in some of New York State’s leading land use cases and has played a prominent role in lawsuits that interpret SEQRA.

Renewable Energy

New York State’s commitment to renewable energy resources and Long Island’s ever-increasing demand for energy has created significant opportunities for renewable energy providers, developers, and investors. Farrell Fritz is at the forefront of this growing industry, counseling developers of solar and offshore wind farms with respect to the unique aspects of renewable energy projects. Our experienced energy attorneys guide energy providers and developers through all aspects of a project, from site selection, land use and other regulatory approvals, financing, construction, and operation.

View Land Use & Municipal PDF

Professionals

Charlotte A. Biblow

Environmental

Partner
Uniondale

David J. Gilmartin Jr.

Land Use & Municipal

Partner
Water Mill

Anthony S. Guardino

Land Use & Municipal

Partner
Hauppauge

Christopher E. Kent

Real Estate

Partner
Hauppauge

David J. Gilmartin Sr.

Land Use & Municipal

Counsel
Water Mill

John C. Armentano

Land Use & Municipal

Counsel
Hauppauge

Elizabeth E. Vail

Land Use & Municipal

Counsel
Water Mill

Philip A. Butler

Land Use & Municipal

Associate
Hauppauge

Kyle Gruder

Land Use & Municipal

Associate
Water Mill

John C. Stellakis

Land Use & Municipal

Associate
Hauppauge

Recent Blog Posts

East End Town Considering Novel Approach to Speed Up Groundwater Protection Efforts

Long Island’s potable water supply comes from one place: aquifers. And as the population of Long Island continues to grow…

January 28, 2019

Read more

January 28, 2019

Read more

Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

The Town of North Hempstead decided to ban recreational marijuana even before it becomes legal in New York. At its…

January 21, 2019

Read more

January 21, 2019

Read more

Getting Lost in the “Open Space” of New York City’s Superblocks

In Peyton v. New York City Bd. of Standards and Appeals, (2018 N.Y. 06870, 166 A.D.3d 120 (1st Dept 2018), Petitioners-community residents…

January 14, 2019

Read more

January 14, 2019

Read more

Potential Conflicts and Interplay between the Village of Southampton Board of Architectural and Historic Preservation and the Village of Southampton Zoning Code

In a decision dated October 30, 2018, Supreme Court Judge Joseph Pastoressa remanded a decision made by the Southampton Village…

January 02, 2019

Read more

January 02, 2019

Read more

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase…

December 17, 2018

Read more

December 17, 2018

Read more

Third Department Says “Yes” and Upholds Wedding Venue as Custom and Incidental Accessory Use

Local zoning ordinances throughout New York State incorporate the flexible “accessory use” component so as not to unnecessarily restrict one’s…

December 10, 2018

Read more

December 10, 2018

Read more

New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling…

December 03, 2018

Read more

December 03, 2018

Read more

Failure To Appeal First Zoning Board Decision Results In Application Of Factual Res Judica To Second Application For Similar Relief

In Voutsinas v. Schenone, 2018 NY Slip Op 07439 (2d Dept, November 17, 2018), the Appellate Division, Second Department, reminded…

November 26, 2018

Read more

November 26, 2018

Read more

Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area Variance Applications

The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an…

November 19, 2018

Read more

November 19, 2018

Read more

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void

New York State Town Law § 277(9) authorizes a town Planning Board to require a developer to provide a performance…

November 12, 2018

Read more

November 12, 2018

Read more

Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patchogue

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village…

November 05, 2018

Read more

November 05, 2018

Read more

Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out…

October 29, 2018

Read more

October 29, 2018

Read more

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply…

October 22, 2018

Read more

October 22, 2018

Read more

Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance

A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted.  Petitioners in 54 Marion Ave., LLC…

October 15, 2018

Read more

October 15, 2018

Read more

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York,…

October 09, 2018

Read more

October 09, 2018

Read more

Defective SEQRA Determination Derails South Nassau Cultural Center

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination…

October 01, 2018

Read more

October 01, 2018

Read more

Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed…

September 24, 2018

Read more

September 24, 2018

Read more

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situated at 769 Old Montauk Highway, Montauk New…

September 17, 2018

Read more

September 17, 2018

Read more

Faulty SEQRA Sinks Village’s Use of Eminent Domain

Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena.  See, Matter of Adirondack Historical Association…

September 10, 2018

Read more

September 10, 2018

Read more

Second Department Upholds Board of Zoning Appeals Decision Finding Vacant Land Was Not Single and Separate

Given the complex zoning regulations that govern development of vacant land, in recent years, it has become uniquely challenging to…

September 04, 2018

Read more

September 04, 2018

Read more

Town Considers New Zoning Regulations for Port Washington Waterfront

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations…

August 27, 2018

Read more

August 27, 2018

Read more

The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots…

August 19, 2018

Read more

August 19, 2018

Read more

Revitalizing Long Island’s Downtown Communities – Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant

  Last week, we reported on a $10 million award issued by the State to help revitalize downtown Hicksville. Well,…

August 13, 2018

Read more

August 13, 2018

Read more

Hicksville’s $10 Million Downtown Revitalization Initiative Award – Get Ready For Some Big Changes

On July 3rd, Governor Cuomo announced that the state was giving the Town of Oyster Bay a $10 million Downtown Revitalization…

August 06, 2018

Read more

August 06, 2018

Read more

Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?

After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments…

July 30, 2018

Read more

July 30, 2018

Read more

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24…

July 23, 2018

Read more

July 23, 2018

Read more

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Split zoned parcels can be a headache for property owners and practitioners.  In general, a split zoned parcel is a piece of land located in…

July 16, 2018

Read more

July 16, 2018

Read more

How Not to Fix A Failure to Refer A Land Use Matter To The Planning Commission

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning…

July 09, 2018

Read more

July 09, 2018

Read more

Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to…

July 02, 2018

Read more

July 02, 2018

Read more

Will The Town of Huntington Change Its Zoning Code To Limit Upstairs Apartments In Its Mixed Use Business District?

In April 2006, the Town of Huntington adopted a local law (Local Law 14-2006) that added § 198-27(A)(22) to its…

June 25, 2018

Read more

June 25, 2018

Read more

When Can A Municipal Board Approve a Contract “In Substance?” The Answer May Be Different in a Village Versus a Town

It turns out, according to the Supreme Court, Orange County, that the standards for review of municipal contracts are noticeably…

June 18, 2018

Read more

June 18, 2018

Read more

A Long Island Sound Crossing – Will This Bridge or Tunnel Ever Be Built?

For many decades, Long Islanders have been hearing about proposals to span over or under Long Island Sound. The most…

June 11, 2018

Read more

June 11, 2018

Read more

Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End…

June 04, 2018

Read more

June 04, 2018

Read more

An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit

In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning…

May 29, 2018

Read more

May 29, 2018

Read more

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Last month, the Appellate Division, Second Department, issued four decisions[1] in a series of hybrid proceedings challenging local laws in…

May 21, 2018

Read more

May 21, 2018

Read more

Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

It is not uncommon for municipal planning departments to require applicants who are seeking land use approvals involving multiple contiguous parcels to…

May 14, 2018

Read more

May 14, 2018

Read more

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by…

May 07, 2018

Read more

May 07, 2018

Read more

Failure to Refer Area Variance Application to County Planning Agency Poses Jurisdictional Defect and Nullifies Approvals

In Fichera, et al. v. New York State Dep’t of Envt’l Conserv., et al., decided last month, Petitioners commenced an Article 78…

April 30, 2018

Read more

April 30, 2018

Read more

Lack of Standing Is Fatal To Challenge

Standing is a threshold issue in challenges to administrative decisions.  Prior blog posts have dealt with standing in cases involving challenges to local land use…

April 23, 2018

Read more

April 23, 2018

Read more

The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review…

April 16, 2018

Read more

April 16, 2018

Read more

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to…

April 10, 2018

Read more

April 10, 2018

Read more

Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on East Hampton Oceanfront Property

In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated…

April 02, 2018

Read more

April 02, 2018

Read more

Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of Farmland

Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court…

March 26, 2018

Read more

March 26, 2018

Read more

Border Wars – Queens versus Nassau

With all the talk about a border wall between the United States and Mexico, we were amused to come across…

March 19, 2018

Read more

March 19, 2018

Read more

Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division,…

March 12, 2018

Read more

March 12, 2018

Read more

The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New…

March 05, 2018

Read more

March 05, 2018

Read more

Oyster Bay’s Code Provision Linking Building Permits To Qualified Apprenticeship Programs Enjoined

Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors…

February 26, 2018

Read more

February 26, 2018

Read more

Second Department Vacates Trial Court Order Requiring Removal of Trespassing Structure: Will Money Damages Compensate the Trespassed Upon Party?

On January 24, 2018 the Appellate Division, Second Department affirmed in part, and reversed in part, a trial court order…

February 20, 2018

Read more

February 20, 2018

Read more

Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a…

February 12, 2018

Read more

February 12, 2018

Read more

New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster Operation and Summer Cottage Use

By letter dated November 24, 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial…

February 05, 2018

Read more

February 05, 2018

Read more

Oh Deer! Local Hunting Laws and New York State Preemption Doctrine

In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long…

January 29, 2018

Read more

January 29, 2018

Read more

Second Department Upholds Loss of Religious Use Real Property Tax Exemption

On January 18,  2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property…

January 22, 2018

Read more

January 22, 2018

Read more

Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel…

January 16, 2018

Read more

January 16, 2018

Read more

The Ambiguity Rule: “Not-So-Clear” Can Be Useful When Seeking Variances

It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the…

January 08, 2018

Read more

January 08, 2018

Read more

SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of Health

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two…

January 02, 2018

Read more

January 02, 2018

Read more

Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that…

December 26, 2017

Read more

December 26, 2017

Read more

Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017,…

December 19, 2017

Read more

December 19, 2017

Read more

Climate Change and Coastal Adaptation in the Tri-State Area

Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of…

December 11, 2017

Read more

December 11, 2017

Read more

Empire Wind: New York’s Latest Off-Shore Wind Energy Project

In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government…

December 04, 2017

Read more

December 04, 2017

Read more

In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key

In 2009, Scenic Development, LLC (“Scenic”) sought a zone change for the property formerly known as the “Patrick Farm” located…

November 27, 2017

Read more

November 27, 2017

Read more

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As…

November 20, 2017

Read more

November 20, 2017

Read more

Appellate Term Reverses Village of Port Jefferson Illegal Rental Permit Convictions

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. …

November 13, 2017

Read more

November 13, 2017

Read more

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

In the Village of Bayville, New York (“Village”), a landowner wished to enclose and protect private property (“Lot 18”) , including the roadway…

November 06, 2017

Read more

November 06, 2017

Read more

Federal Oversight of Zoning within the Fire Island National Seashore

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore…

October 30, 2017

Read more

October 30, 2017

Read more

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain  exemptions. See, Public Officers…

October 23, 2017

Read more

October 23, 2017

Read more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the…

October 16, 2017

Read more

October 16, 2017

Read more

Court Supports Expansive View of What Constitutes Religious Use

Note:  Law clerk Joanna Lima assisted in drafting this blog post. Courts have recently expanded what constitutes religious conduct. In particular, in…

October 10, 2017

Read more

October 10, 2017

Read more

How High Is Too High – Measuring the Height of a Structure

Measuring the height of a structure may seem straightforward in the abstract, but sometimes in practice that is not the…

October 02, 2017

Read more

October 02, 2017

Read more

Westhampton Beach Park Fee Upheld

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a…

September 25, 2017

Read more

September 25, 2017

Read more

Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017

As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New…

September 18, 2017

Read more

September 18, 2017

Read more

Comfort Stations May Be Permitted Uses of Public Streets

After Hurricane Sandy devastated Long Beach and its boardwalk in 2012, officials sought to reconstruct the city’s iconic esplanade. As…

September 11, 2017

Read more

September 11, 2017

Read more

New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning.   Back in 1981, the New York State Legislature enacted the…

September 05, 2017

Read more

September 05, 2017

Read more

How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of  how to successfully record a…

August 28, 2017

Read more

August 28, 2017

Read more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 3

In this post, which is the third and final segment of a three-part series, we look at real property recording…

August 21, 2017

Read more

August 21, 2017

Read more

SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations

Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board…

August 14, 2017

Read more

August 14, 2017

Read more

7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape

On July 7, 2017, Judge William G. Ford issued a decision in the case Matter of 7-Eleven, Inc. v. Town…

August 07, 2017

Read more

August 07, 2017

Read more

The Mysterious Case of the Disappearing Type II: Town not Permitted to Reclassify a Type I Action as a Type II Action

In Miranda Holdings v. Town Board of Town of Orchard Park, ____ N.Y.S. 3d, ____, 2017 WL 2884633 (4th Dept.…

July 31, 2017

Read more

July 31, 2017

Read more

Court of Appeals Reiterates “Modest” Burden for Regulating Adult Uses in People Theatres of N.Y. Inc. v. City of New York

In People Theatres of N.Y. Inc. v. City of New York, 2017 N.Y. Slip Op. 04385, various owners of adult businesses…

July 24, 2017

Read more

July 24, 2017

Read more

Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York…

July 17, 2017

Read more

July 17, 2017

Read more

Uniform Code Conflicts – Town vs. State Regulations

The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards…

July 10, 2017

Read more

July 10, 2017

Read more

Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of…

July 05, 2017

Read more

July 05, 2017

Read more

It’s A Bird, It’s A Plane, It’s A Floating Zone

According to the American Planning Association, a “floating zone” is a zoning district that “delineates conditions” rather than the more…

June 26, 2017

Read more

June 26, 2017

Read more

State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

The State liquor law preempts  local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption.   Accordingly,…

June 19, 2017

Read more

June 19, 2017

Read more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

In this post, which is the second segment of a three-part series, we will highlight the various ways that local…

June 12, 2017

Read more

June 12, 2017

Read more

Tie Vote – No Default Denial- Town Law 267-a(13)(b)

Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an…

June 05, 2017

Read more

June 05, 2017

Read more

Redevelopment of Route 110 in East Farmingdale

The Town of Babylon’s plan to revitalize the Route 110 corridor in East Farmingdale, NY keeps moving forward. The Town began…

May 30, 2017

Read more

May 30, 2017

Read more

Rock Hill Golf and Country Club Joins Brookhaven’s Golf Course District

On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill…

May 22, 2017

Read more

May 22, 2017

Read more

Town of Southold Expands Scope of Agricultural Use

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning…

May 15, 2017

Read more

May 15, 2017

Read more

Beware The Restrictive Covenant

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real…

May 08, 2017

Read more

May 08, 2017

Read more

Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers

The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy…

May 01, 2017

Read more

May 01, 2017

Read more

Shoreham is Catching Rays in Move from Mulligans to Megawatts

This month, U.S.-based energy giant Invenergy expects to break ground on New York’s second largest solar farm project at the former Tallgrass golf course in Shoreham. …

April 24, 2017

Read more

April 24, 2017

Read more

Second Department Reverses Trial Court: Cottage is not a Nonconforming Use

On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017…

April 17, 2017

Read more

April 17, 2017

Read more

Preservation by Law May Become Par for the Course: Brookhaven Town Rezones Golf Courses

The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps…

April 10, 2017

Read more

April 10, 2017

Read more

Type II Actions Will Be Expanded Under NYSDEC’S Proposed Changes To SEQRA Regulations

The New York State Department of Environmental Conservation (“NYSDEC”) proposed significant changes to the State Environmental Quality Review Act (“SEQRA”)…

April 03, 2017

Read more

April 03, 2017

Read more

Land Use and Environmental Pitfalls for Realtors- Includes Exclusive Power Point Presentation

On February 20, 2017, our colleagues blogged about Ader v. Guzman, 135 AD3d 668 [2d Dept. 2016] and a guidance…

March 31, 2017

Read more

March 31, 2017

Read more

Vested Rights – Court of Appeals Update

Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of…

March 27, 2017

Read more

March 27, 2017

Read more

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

The Town Board of the Town of East Hampton (“Town Board”) is considering progressive new legislation that will require advanced…

March 20, 2017

Read more

March 20, 2017

Read more

Artists’ Studios in East Hampton: “Cease and Desist”

East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing.   However, because of a…

March 13, 2017

Read more

March 13, 2017

Read more

Sky Signs, Colossal Murals and Billboards, Oh My

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce…

March 06, 2017

Read more

March 06, 2017

Read more

Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis…

February 27, 2017

Read more

February 27, 2017

Read more

As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements

Municipalities on Long Island are struggling to control rental properties. In Southampton, rental properties are governed by Chapter 270 of…

February 20, 2017

Read more

February 20, 2017

Read more

Hemp: Coming to a Farm Near You?

DEREGULATING INDUSTRIAL HEMP Plans to expand New York’s Industrial Hemp Agricultural Pilot Program were recently announced by Governor Andrew Cuomo…

February 13, 2017

Read more

February 13, 2017

Read more

Denial of Site Plan Application to Construct a Mosque Held to Violate RLUIPA

On December 31, 2016, U.S. District Judge Michael Shipp of the District of New Jersey authored a 57-page opinion granting…

February 06, 2017

Read more

February 06, 2017

Read more

Steel Over the Ocean: LIPA Approves Offshore Wind Farm Southeast of Montauk

Last Wednesday, LIPA unanimously approved Deepwater Wind’s proposal to build the nation’s largest offshore wind farm approximately 30-35 miles off the coast of…

January 30, 2017

Read more

January 30, 2017

Read more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 1

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State,…

January 23, 2017

Read more

January 23, 2017

Read more

Village of Asharoken Opts Out of Federal Beach Project

Asharoken, N.Y. January 10, 2017 — Swayed by public opinion, the Incorporated Village of Asharoken (“Asharoken”) opted out of a…

January 17, 2017

Read more

January 17, 2017

Read more

Update on Town of Huntington’s Proposal To Ban Short-Term Rentals

At its January 10, 2017 meeting, the Town Board of the Town of Huntington held a public hearing to discuss…

January 12, 2017

Read more

January 12, 2017

Read more

Public Hearing On The Town Of Huntington’s Short-Term Rental Ban Set For Tomorrow, January 10, 2017

Last April, my colleague Anthony Guardino blogged about the Town of Southold’s local law banning “transient rental properties”, which Southold…

January 09, 2017

Read more

January 09, 2017

Read more

Farrell Fritz Land Use Blog – 2016 Year in Review

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about…

January 03, 2017

Read more

January 03, 2017

Read more

Failure to Seek Preliminary Injunctive Relief Supports Motion to Dismiss and Renders Appeal Academic

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic”…

December 27, 2016

Read more

December 27, 2016

Read more

Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use Laws

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development…

December 19, 2016

Read more

December 19, 2016

Read more

Appellate Court Invalidates Condition Imposing Durational Limit on Special Permit

Under New York State law, zoning boards and planning boards are authorized to impose reasonable and appropriate conditions  and restrictions…

December 12, 2016

Read more

December 12, 2016

Read more

Read More

Articles & Advisories

The SEQR Handbook Is Changing–Here’s Why That Matters

The New York State Department of Environmental Conservation (NYSDEC) is proposing significant revisions to its handbook on the State Environmental…

January 24, 2019

Read more

When Can Land Use Applicants Challenge Pass-Through Fees?

When a property owner or developer seeks an approval or other form of relief under a municipality’s land use or…

January 23, 2019

Read more

State (Probably) Will Bring Congestion Pricing to New York City

With the election over, Gov. Andrew Cuomo reelected, and Democrats having taken control of both houses of the New York…

January 07, 2019

Read more

SCOTUS May Alter Process for ‘Takings’ Claims Against Govt’s

More than three decades ago, the U.S. Supreme Court issued its decision in Williamson County Regional Planning Commission v. Hamilton Bank…

November 29, 2018

Read more

Hidden hazards

Charlotte Biblow, partner, is quoted in this article. What you don’t know can hurt you. That’s one of the takeaways…

October 17, 2018

Read more

Strict Compliance with SEQRA: A Mandate Courts Enforce

When local governments fail to meet all of the requirements of the State Environmental Quality Review Act, courts will reject…

September 27, 2018

Read more

State’s Battle Against Firefighting Foam Intensifies

A new lawsuit, letters from the New York State Department of Environmental Conservation (NYSDEC) to Superfund and brownfield sites across…

July 26, 2018

Read more

The Comprehensive Plan’s Essential Role in Zoning

A zoning regulation that is not adopted in accordance with a comprehensive plan is vulnerable to a court challenge. One…

July 26, 2018

Read more

So, Where Is the Promised Disclosure Program for Household Cleaning Products?

State Environmental Regulation In his 2017 State of the State address, New York Governor Andrew M. Cuomo announced that the…

May 24, 2018

Read more

Are Schools Exempt from Local Zoning Regulations?

The Appellate Division, Third Department, recently issued a decision rejecting a public school’s contention that it was not subject to…

May 24, 2018

Read more

Read More

News

Charges against father, son hunters dismissed

Head of the Harbor’s village justice dismissed charges against a father and son who had been accused of using bows…

January 31, 2019

Read more

Hampton Bays to Get Two New Waterfront Eateries as Edgewater Owner Plans Expansion

Farrell Fritz partner, David J. Gilmartin, Jr., is representing John Venesina, the owner of Edgewater Restaurant, in the Hampton Bays expansions. Mr.…

February 14, 2018

Read more

Old Field looks to join Setauket Fire District

Old Field Village residents may have input in official matters of the Setauket Fire District in the near future depending…

July 11, 2017

Read more

Sag Harbor Village Hires Two Farrell Fritz Attorneys

Congratulations to David Gilmartin, Jr. and Robert Connelly on their new appointments. David was appointed as the Sag Harbor Village…

May 13, 2016

Read more

Who’s Who in Women in Professional Services – Charlotte Biblow

Reprinted with permission by Long Island Business News, July 31-August 6 issue. Charlotte A. Biblow is a partner at Farrell…

September 01, 2015

Read more

Who’s Who on the East End

June 21, 2013

Read more

Who’s Who in Commercial & Residential Real Estate Law

December 19, 2012

Read more

Who’s Who in Women in Professional Services

October 28, 2011

Read more

Read More

Press Releases

Kyle Gruder and Katherine Medianik Join the Firm as First-Year Associates

Farrell Fritz is pleased to announce that Kyle Gruder and Katherine Medianik have joined the firm as first-year associates. Kyle…

February 07, 2019

Read more

Farrell Fritz Welcomes Philip Butler, Lee Peretz and Richard Quatrano

Farrell Fritz is pleased to welcome Philip Butler, Lee Peretz and Richard Quatrano to the firm. Philip Butler is a…

August 17, 2018

Read more

John C. Stellakis Joins Farrell Fritz as a Land Use & Municipal Associate

Farrell Fritz is pleased to welcome John C. Stellakis of Long Beach, NY to its Hauppauge office as a land…

January 18, 2017

Read more

Farrell Fritz Welcomes Elizabeth Vail, Land Use Attorney, to its Water Mill Office

Elizabeth (Liz) E. Vail, a lifelong resident of Southampton, is counsel in the firm’s land use & municipal department. Her…

January 20, 2016

Read more

Farrell Fritz Promotes Three Associates to Counsel

Farrell Fritz is pleased to announce the promotions of Robert M. Connelly, Toni J. Hoverkamp and Spencer L. Reames to…

January 08, 2016

Read more

Rachel A. Scelfo Elected to West Babylon Public Library’s Board of Trustees

Farrell Fritz is pleased to announce that Rachel A. Scelfo, counsel in the firm’s land use and municipal department, has…

April 28, 2015

Read more

Farrell Fritz Attorneys Receive Pro Bono Recognition Award

On Wednesday, April 1, 2015, the Nassau County Bar Association held its first annual Access to Justice Pro Bono Recognition…

April 15, 2015

Read more

Farrell Fritz Promotes Patricia Marcin to Partner and Three Associates to Counsel

Farrell Fritz is pleased to announce the promotions of Patricia C. Marcin to partner and John C. Armentano, Katherine A.…

January 07, 2015

Read more

John C. Armentano Appointed to Advisory Board at Touro Law Center’s Institute on Land Use and Sustainable Development Law

Farrell Fritz is pleased to announce that John C. Armentano has recently been appointed to Touro Law Center’s Institute on…

October 06, 2014

Read more

Erin A. Sidaras Joins Nassau/Suffolk Law Services Committee’s Advisory Council and the Board of Suffolk Academy of Law

Farrell Fritz is pleased to announce that Erin A. Sidaras has been appointed to the Advisory Council of the Nassau/Suffolk…

June 13, 2014

Read more

Read More