News
David Steinmetz & David Cooper author article for New York Zoning Law & Practice Report, January/February 2012 – Judicial Review Of Land Use Matters
David S. and David C. authored an article published in the January/February 2012 issue of New York Zoning Law and Practice Report, entitled “Clarifying the Standard of Judicial Review in Land Use Matters: Has the Second Department Pushed the Pendulum Back to the Middle?”
Daniel Richmond Presents Lecture To Westchester Municipal Planning Federation, November 30, 2011 – Comprehensive Planning
Dan presented a lecture to the Westchester Municipal Planning Federation regarding “Comprehensive Planning and the Role of the Planning Board: Legal Perspectives on Comprehensive Plans.”
A copy of the CLE materials can be found here.
Michael Zarin Presents At NYSBA Environmental Law Section And Municipal Law Section Fall Meeting, October 21-23, 2011 – Municipal Ethics
Michael spoke at the Fall Meeting of the New York State Bar Association Environmental Law Section and Municipal Law Section, regarding “Ethics-An Overview of the New Rules and a Discussion of Ethics Problems in Everyday Environmental and Municipal Practice.”
Michael Zarin & Daniel Richmond Present CLE, September 13, 2011 – “Development Rights In Uncertain Economic Times”
Michael and Dan presented a CLE entitled “Development Rights In Uncertain Economic Times,” sponsored by the Municipal Law Section of the Westchester County Bar Association. Michael spoke about “Project Renewals, ‘Vesting’ Claims, and Supplemental Environmental Review.” Dan spoke about “Establishing Defensible Criteria for Governmental Exactions and Fees.”
A copy of the CLE materials can be found here.
Zarin & Steinmetz Welcomes New Associates
Zarin & Steinmetz is pleased to announce that Erin Honaker (Pace Law School, 2010) and Jeremy Kozin (Fordham University School of Law, 2011) have joined the Firm as associates.
Approvals For Westy Storage Center
Z&S successfully obtained Site Plan Approvals for the construction of a new, approximately 117,307-sq. ft., “Westy Storage Center,” in White Plains, NY.
Court Grants Summary Judgment Motion Dismissing Suit Against Town
The Supreme Court, Dutchess County, granted the Town of Rhinebeck’s Motion for Summary Judgment, dismissing a lawsuit challenging the Town’s 2009 Comprehensive Plan and Zoning Law. The Court concluded that the new, 20-acre zoning applicable to the Hudson River estate properties was supported by the Administrative Record compiled over 7 years. Z&S represented the Town throughout the rezoning proceedings, as well as in defending the Town against the subsequent legal challenge. The Rezoning was upheld in all respects.
Zarin & Steinmetz File Application On Behalf Of French American School To Redevelop Former Ridgeway Country Club Site
Z&S recently filed an Application for Site Plan and Special Permit Approval with the City of White Plains on behalf of the French American School of New York to convert the 130 acres site of the former Ridgeway Country Club to a 45 acre park-like educational N-12 campus, and 85 acre publically accessible preserve. In conjunction with the Application, Z&S provided to the City of White Plains a letter opining on the legality of educational uses in all zoning districts. Following a long line of legal precedent, Z&S concluded that educational uses could not be specifically prohibited from any particular zoning district.
Court Overturns ZBA’s Denial Of Variances
Z&S obtained a favorable decision from the Appellate Division, Second Department, which upheld a decision of the Supreme Court, Westchester County, directing the Town of Mt. Pleasant ZBA to issue two area variances in connection with our client’s proposed 2-lot residential subdivision. The Second Department denied the Town’s appeal, finding that the ZBA’s decision to deny the variances was not supported by the evidence in the Record.
Favorable Decision On Motion For Contempt
Z&S obtained on behalf of four Villages a Decision and Order against the Town of Ramapo from the Supreme Court, Westchester County, Environmental Claims Part. The Court had previously held that an Environmental Impact Statement must be prepared in connection with a high density multi-family adult student housing development. The Court held that the Town’s reapproval of the project without an EIS was in willful violation of the Judgment, and ordered the contempt to be purged.
Michael Zarin Gives Presentation To NYS Conference Of Mayors On Various Issues Facing Municipal Boards
On July 13, 2011, Michael spoke on various ‘hot button” issues to many Planning Board and Zoning Board Members, including, e-mails and FOIL, conflicts of interest, SEQRA/creating administrative record, keeping meeting minutes, allowable communications between applicant’s attorneys and board members, inter-relation between Open Meetings Law and conducting site visits, and more.
A copy of the presentation materials can be found here.
David Steinmetz & Brad Schwartz Conduct Teleconference On Subdivisions In NY
David and Brad recently conducted a Teleconference Seminar for Lorman Educational Services, entitled “Subdividing Real Property: Legal and Practical Issues in New York.” This teleconference provided pointers to help parties navigate through the complex subdivision process.
Michael Zarin & Brad Schwartz Author Article On Vested Rights
Michael and Brad authored an article entitled, “Vested Rights and Public-Private Redevelopment Projects,” which was published in the New York Zoning Law and Practice Report, September/October 2009, Vol. 10, No. 2.
A copy of the article can be found here.
Michael Zarin & Daniel Richmond Conduct ALI-ABA Teleconference On Vesting and Exactions
Michael and Dan recently conducted a Teleconference Seminar for ALI/ABA, in which they spoke on “Using Vesting Strategies to Protect Approvals,” and “Challenging & Reducing Exactions and Fees,” respectively.
A copy of Michael’s seminar materials can be found here.
A copy of Dan’s seminar materials can be found here.
Z&S Counsels Mount Vernon on Major Public-Private Partnership
As Special Counsel to the City, Z&S helped the Mount Vernon on all aspects of its review and approval of a substantial, three phase, mixed use project, including SEQRA review and negotiating the terms of a Land Disposition Agreement. The project includes approximately 350 residential units, 20,745 square feet of commercial retail space, 15,107 square feet of amenity space, and 644 square feet of community space for the City’s use. The Project also includes the redevelopment of the City’s Municipal Garage.
Town Grants Site Plan Approval for Redevelopment of Psychiatric Facility Campus
The Town of Dover granted Final Site Plan Approval to Z&S’s client, the Benjamin Companies, to redevelop the former Harlem Valley Psychiatric Center into a mixed-use, new urban, community, which will have 1,376 dwelling units, at least 238,500 square feet of commercial space, and approximately 70,250 square feet of community facility space.
Town Settles Litigation Regarding Major Subdivision
Z&S negotiated a settlement with the Town of Southeast with respect to a 143-unit subdivision, which its client could not develop under prevailing economic conditions. Under the Settlement, the Town recognizes the Developer’s vested rights in the project until 2020, and does not need to post a Performance Bond until construction is imminent.
Michael Zarin Speaks on SEQRA and Public-Private Partnerships
Michael presented a CLE for Lorman Education entitled “Practical Issues and Strategies Regarding Public/Private Partnerships,” which addressed a variety of topics including SEQRA and common terms for Development Agreements.
A copy of the CLE materials can be found here.
Daniel Richmond Speaks on SEQRA and Sustainability
Dan presented a CLE for Lorman Education Services on multiple issues concerning SEQRA’s interrelationship with emerging sustainability issues, including greenhouse gas emissions and renewable energy sources, such as wind and solar power.