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Stroock Presents: GOAT Town, Episode 3, Part 2: “NYC's One-of-a-Kind Agency to Drive Economic Growth”
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Developing Philly: The State of Philadelphia's Tax Abatements in 2022
Creative Reuse: The Opportunities and Challenges of Converting Office Space to Residential
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On-Demand Webinar | Living on the Edge: Managing Sea Level Rise in California
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Future of Offices
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Law Brief: Urban Living After COVID-19
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
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Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Advancing the Policy Discussion Around Housing
Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more
Last month, we delved into the fundamentals of zoning as they relate to developers and builders. Now, let’s take a deeper dive into specialized zoning topics that merit closer examination....more
The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances....more
After a series of bills became law at the end of the General Assembly’s session in June, significant changes are coming to Rhode Island’s land use and zoning laws beginning in 2024. Among its many changes made, the...more
Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only...more
When requesting deviation from setback minimums or minimum lot size requirements, a developer must request an area variance. Even if the lots are zoned residential and the developer only wants to build a single-family...more
CASES OF NOTE - LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A - Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)...more
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...more
In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement, LLC (“Petitioner”), owns a 120-foot by 57-foot parcel of property (the “Property”) located in the...more
A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more
The Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community. In our experience, we have noticed that many...more
In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area...more
Absent local legislation to the contrary, town and village zoning boards act solely as appellate bodies authorized to hear and decide appeals taken from decisions by local zoning enforcement officials (ZEOs) (see Town Law §...more
In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer. The Wetlands Inspector for the...more
In my last post, “Real Estate Alphabet Soup: U Is for Unities,” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “V.”...more
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...more
As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level. However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a...more
Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining...more
Trending Now: Massachusetts SJC Ruling: Good News for Owners and Developers - The Supreme Judicial Court of Massachusetts issued a written decision in Murchison v. Zoning Board of Appeals of Sherborn, et al. (SJC-12867) on...more
Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots. The first lot would contain the existing...more
More Counties to Potentially Qualify for a County Variance Under New Requirements - This week, the California Department of Public Health altered the COVID-19 re-opening readiness criteria and released a revised COVID-19...more
When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test...more
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...more
The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more