Representative Matters

Zoning and Land Use – Private

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Residential Subdivision: Obtained approvals for a 62-lot, single-family residential subdivision located in Westchester County. Z&S also represented the developer in connection with the sale of the project to a major regional developer, and is representing this developer on several other land use applications in multiple municipalities.
Mixed-Use Development: Working under the New York City Department of Environmental Protection Watershed regulations, Z&S obtained final approvals for a 143-home, mixed-use residential and commercial project located on 329 acres in Putnam County. This is the largest proposed development in the New York City Watershed.
Solid Waste Transfer Station: Represented the operator of several solid waste transfer stations and processing facilities in connection with complex municipal and administrative approvals, including issues related to DEC Solid Waste Management Permits, special use permits and site plan approvals throughout Westchester County.
Childcare Facilities: Obtained special use and wetlands permits, and site plan approval from a municipal planning board, as well as the associated wetland and storm water permits from New York State Department of Environmental Conservation and New York City Department of Environmental Protection, respectively, on behalf of a national developer and operator of high-end childcare facilities.
Mixed-Use Redevelopment: Representation of a Long Island development company as special land use counsel in the redevelopment of an 800-acre site in Dutchess County. The initial plan provides for the creation of a “new urbanism” mixed-use hamlet project, consisting of approximately 1300 residential units, extensive passive and public recreational use, 800,000 square feet of retail and office and various other uses. The development of the site involves extensive environmental, land use, financing, marketing and zoning uses.

Hospital Expansion: Representation of a hospital in Westchester County in connection with a renovation and expansion project, including guiding the hospital through the full SEQRA process.
Scrap Metal Recycling Facility: Z&S represented a national leader in the scrap metal recycling industry in successfully obtaining Site Plan and Special Use Permit Approvals, and Steep Slopes and Tree Removal Permits, from a Town Planning Board in Westchester County. These approvals will permit this company to expand its operations, which includes salvaging components from end-of-life vehicles and other machinery, to the mid-Hudson Valley area.
Self-Storage Facility: Z&S successfully obtained Site Plan Approvals for a regional self-storage facility in a large City in Westchester County.
Active Adult Townhomes: Representing the landowner of a 160-acre site in northern Westchester in processing Rezoning, Site Plan, and Subdivision Applications for a proposed Project consisting of 76 active adult townhomes, and 42 single-family residences.
Arts And Education Center: Representing a non-profit community organization in its redevelopment of a historic, single-screen theater into a multi-screen regional arts and education center. Successfully managed a coordinated state, county and local historic preservation and environmental review, culminating in a Negative Declaration under SEQRA. Currently pursuing special permit and site plan approval before local boards.
Educational Facility: Representing a large private school seeking a special use permit and site plan approval from a municipal agency, as well as wetlands and stormwater approvals from state and federal agencies, in connection with proposed educational facilities on a more than 100-acre site. Z&S is guiding the school through the SEQRA and land use review process, including incorporating green development practices. Z&S also represents this school in developing educational buildings on multiple campuses throughout Westchester County.
Gaming Development: Assisted major gaming company in connection with the State Environmental Quality Review Act process as part of the potential development of the Aqueduct Raceway.
Atlantic Yards Redeveopment: Collaborated with renowned cultural and educational institutions as amicus curiae counsel in connection with the redevelopment of the Atlantic Yards in Brooklyn, New York.

Zoning and Land Use – Municipal

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Mixed-Use Urban Renewal: Representation of a large city in Westchester County as special land use and environmental counsel in connection with a proposed 800,000 square foot mixed-use urban renewal project, including state and federal environmental review, creation of various density overlay and other zoning amendments, subsurface development rights, vertical condominium structures, and other land use and zoning approvals.
Comprehensive Plan And Rezoning: Special counsel to a Dutchess County Town in connection with the adoption of a Comprehensive Plan, Zoning Law, Wetlands Law, and Subdivision amendments. The Firm guided the Town through the substantive and procedural requirements under SEQRA and NYS Town Law. We also worked closely with the Town planner to ensure that the new zoning, wetlands and subdivision regulations were in accordance with the principles set forth in the Comprehensive Plan, and otherwise complied with all state and local legal requirements. Z&S is currently defending the Town’s adoption of the Comprehensive Plan and Zoning Law in a lawsuit involving claims related to exclusionary zoning, regulatory takings, SEQRA and other causes of action.

Mixed-Use Development: Representation of a coalition of municipalities during the SEQRA and regulatory review process in connection with a proposed two million square foot, mixed-use development in a large Westchester County city.
Industrial Development Agency: Special land use and environmental counsel to a Westchester County city’s Industrial Development Agency in connection with a large-scale mixed-use retail development project, including assistance and guidance throughout the SEQRA process, preparing various disposition agreements and financing documents, defending litigation arising out of opposition to the project, as well as a variety of park alienation issues, traffic analysis, and municipal land acquisition and disposition issues.

Environmental Law and Hazardous Waste

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PCB Recycling Facility: General counsel for an international electrical equipment and PCB recycling company. Z&S provides a full range of services, including, regulatory compliance, land use and development, contract review, litigation and legislative advocacy. Z&S assisted in the development of a new 60,000 square foot facility in Canada, and is engaged in various due diligence projects and International PCB Border transportation, disposal issues and enforcement actions.
Cost Recovery Litigation: Representation of private and municipal clients in connection with cost recovery litigations involving multi-party Federal Superfund and State Oil Spill Litigation, on various hazardous waste sites, including extensive historical discovery, substantial deposition practice, motion practice and settlement and implementation proceedings.
Navigation Law: Counsel to landowners/developers in federal cleanup and recovery actions against major oil companies under the New York Navigation Law and common law torts.
SPDES Violations: Defended a regional company against criminal and civil proceedings brought by the Department of Environmental Conservation, County District Attorney and County Health Department regarding alleged State Pollutant Discharge Elimination System (SPDES) violations and discharges into the Bronx River.
Scrap Metal Recycling Facility: Negotiated multi-million dollar Consent Decree with the Environmental Protection Agency regarding the cleanup of a former scrap metal recycling facility located along the Hudson River, and sought contribution against hundreds of potentially responsible parties.
Sheet Metal Manufacturer: Environmental counsel to sheet metal manufacturer seeking to resolve potential liability to the United States Environmental Protection Agency under Superfund by responding to 104(e) requests and establishing ability-to-pay defense.
Utility Company Lease: Negotiated complex lease amendment with major utility company involving long-term remediation of property which was formerly operated as a manufactured gas plant.

Litigation

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Solid Waste Transfer Station: Represented the operator of several solid waste transfer stations and processing facilities in connection with numerous land use litigations at all levels of State Court, including the New York Court of Appeals.
Temple Renovation: Successfully obtained and defended land use approvals for a Temple’s renovation project against numerous claims asserted by opposing neighboring landowners relating to SEQRA, and the ownership and right to use an adjoining, unimproved paper street.
SLAPP Litigation Defense: Successful defense of an individual land owner in an action involving a Strategic Lawsuit Against Public Participation, otherwise known as a “SLAPP” suit, which alleged a constitutional violation and sought millions of dollars in damages. The Court dismissed the lawsuit, and also awarded costs, attorneys’ fees, compensatory damages and/or punitive damages pursuant to New York’s Civil Rights Law.
Adult Use Zoning Defense: Special land use and environmental counsel to a large city in Westchester County in connection with a constitutional challenge to the adult use zoning provisions of the city’s zoning code. Z&S obtained a victory in both the District Court for the Southern District of New York and in the United States Court of Appeals for the Second Circuit upholding the constitutionality of the zoning code.
Defense Of Comprehensive Plan: Defended a Westchester town’s comprehensive plan, including its steep slope and wetland implementing legislation, from a challenge by a developer in the town.
NEPA Challenge: Z&S commenced a NEPA challenge in Federal District Court against the MTA and United States Department of Transportation on behalf of a commercial property owner in Manhattan, which opposed the construction of a ventilation facility adjacent to its building for MTA’s East Side Access Project. The defendant agencies agreed to conduct a supplemental environmental review of the facility, and ultimately chose to modify the facility’s design consistent with our client’s objectives.
NEPA Challenge: Z&S also commenced a NEPA challenge in Federal Court against MTA and DOT arising out of the proposed Second Avenue Subway Project in New York City. As a result, the agencies agreed to relocate the station entrances for the 72^nd Street station from mid-block to the corner.
Urban Renewal: Successfully obtained emergency relief against a municipality in Nassau County on behalf of a developer in connection with a major urban renewal project. The municipality and development agency sought to abandon the project after the developer spent significant time and resources to implement the municipality’s urban renewal plan. The Court restrained the municipality from selling the property until the merits of the developer’s claims were decided.
Residential Subdivision: Twice overturned a Town’s denial of our client’s area variance application in connection with a proposed residential subdivision. In the second Article 78 Proceeding challenging the Town’s second denial, the Supreme Court ordered the ZBA to grant the requested variance. Z&S successfully defended the Town’s appeal, as the Second Department upheld the Supreme Court’s decision in its entirety.
High Density Accessory Student Housing: Successfully brought an Article 78 Proceeding against a municipality and developer in connection with a high density multifamily housing development accessory to an educational use located adjacent to low density single-family neighborhoods on the grounds that the project was not properly analyzed, or its significant environmental adverse impacts mitigated, during the SEQRA process. This matter was litigated at all levels of State Court, as well as Federal District Court and Federal Bankruptcy Court.
RLUIPA And FHA: Negotiated on behalf of a municipality in Rockland County a Consent Decree entered into with the United States Department of Justice in settlement of a Federal enforcement action relating to allegations that the municipality’s zoning ordinance violated the Fair Housing Act and the Religious Land Use And Institutionalized Persons Act. As a condition of the Consent Decree, Z&S is working with the municipality and its consultants to draft a zoning amendment to allow accessory housing to educational institutions as special permit uses within the municipality.

Public-Private, Mixed-Use Redevelopment Projects

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Urban Renewal: Z&S represents a City in Westchester County, as special counsel, in connection with its redevelopment and revitalization of a designated Urban Renewal Area in the City. The Plan calls for the orderly development, in phases, of approximately sixty-six (66) affordable Town homes, and approximately one hundred and two (102) affordable units, senior citizen rental housing complex and medical support facility, as well as accessory on-site parking, all located on thirty-four (34) different properties. Our representation includes advising and prosecuting all involuntary acquisitions pursuant to New York’s EDPL in connection with Phase I of the Project, including conducting a trial successfully on valuation issues, which related to the future development potential of the subject property. Z&S is also special counsel for the City in connection with the City’s proposed 800,000 square foot mixed-use downtown Urban Renewal Project. Z&S is assisting the City in EDPL and Urban Renewal proceedings, all compliance and relocation issues, ETPA requirements, SEQRA, NEPA, creation of various density overlay and other zoning amendments, subsurface development rights, vertical condominium structures, and other land use and zoning approvals.

Waterfront Redevelopment: Z&S is special counsel for a City in Orange County in the redevelopment of 30 acres of its waterfront. This is a public-private partnership in which Z&S is lead counsel for all contractual and real estate negotiations, SEQRA and NEPA compliance, all zoning issues, and remediation of a 7-acre Superfund site on the waterfront, with estimated cleanup costs of approximately $22 million. Z&S was lead attorney in reaching an agreement with the EPA and several PRPs to complete the cleanup of this site, including, the EPA assuming a major portion of the cost of the cleanup. The conceptual plan for the proposed project promotes New Urbanism design principles, and was developed after an intensive charette process. The project development program includes 1170 residential units, 105,000 square feet of destination retail, 35,000 square feet of neighborhood retail, 50,000 square feet of flex retail, 100,000 square feet of commercial space, a hotel, parking, public amenities and open space.

Hospital Site Redevelopment: Z&S represents the redeveloper of a former hospital in Dutchess County. The project site consists of approximately 156 acres of land located in a historic revitalization district. The applicant is proposing a mixed-use, pedestrian oriented, residential and commercial development project, which utilizes New Urbanism design principles, and includes 750 residential units, 100,000 square feet of office space, and 250,000 square feet of retail. The project proposes the rehabilitation and adaptive reuse of historic buildings, and provides for public amenities, including permanent open space and recreational playing fields. This large-scale project involves navigation of numerous land use issues and approval, including, environmental remediation, State Historic Preservation requirements, SEQRA, development Master Plan approval, site plan, subdivision, and numerous other approvals.

Waterfront Development: Z&S serves as special counsel to a Village in Westchester County in connection with a wide variety of its environmental, land use and zoning issues, including a recently approved multi-use Waterfront Development Project, which includes waterfront residential condo units, a public park and esplanade, and associated retail space. A Brownfields Cleanup was recently completed on the site. Development of this Project involved the remediation and assemblage of several parcels (including condemnation issues), negotiating a joint public-private development and disposition agreement with the selected developer, acting as lead agency under SEQRA, negotiating and coordinating the development with the MTA and obtaining numerous other approvals.

Mixed-Use Development: Z&S recently negotiated and drafted the terms of an Exclusivity and Planning Agreement, and Memorandum of Understanding, for a Master Development Plan for a mixed-use project, which will include over 350 affordable housing units, improvements to a municipal parking garage, funding for park improvements, a senior center, space to the City for incubator business development, and space for either auxiliary police or a public access studio. The MOU also requires participation in a comprehensive local hiring and vendor program covering construction and ongoing operation and maintenance. Z&S will serve as Special Counsel for the ongoing environmental review of the project under SEQRA, all approvals and various funding and financing transactions.

Waterfront Redevelopment: Z&S represents a City Planning Board and Industrial Development Agency in the redevelopment of a 56-acre, waterfront, multi-use project located in Nassau County. Z&S is responsible for guiding the Planning Board through the SEQRA and site plan review processes. Z&S is also assisting the IDA in the negotiation and drafting of an amended Land Disposition Agreement, which presents complex issues related to, among other things, project phasing, property acquisition and construction timing, maintenance and operation of public amenities, future remediation responsibilities, and off-site infrastructure. Z&S is also guiding the IDA through the EDPL process in connection with a privately-owned parcel within the project site.

Psychiatric Center Site Redevelopment: Z&S is special counsel to a Long Island company in connection with its proposed redevelopment project for an 800-acre former psychiatric center in Dutchess County. This site involves over 80 abandoned buildings, and an application for over 1400 diverse units, 300,000 square feet of retail, and numerous public open space and recreational amenities. The matter involves extensive rezoning and planning, site engineering, complex strategic and financing transactions, multiple environmental review and remediation and cleanup.

Real Estate Transactions and Financing

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Residential Development: Representation of one of the nation’s largest residential developers in several projects in the region, including acquisition, due diligence and development approvals for parcels of land that are likely to generate over 1,000 residential units.
Comprehensive Due Diligence: Completed several comprehensive due diligence land use and zoning analyses for the acquisition of various developed and undeveloped commercial properties located in Westchester County, totaling approximately $150 million, on behalf of a leading real estate company specializing in office and industrial development and property management services.
Residential Development: Representation of a large national developer on the sale of 62 new homes and a separate project containing 82 units in a condominium complex adjacent to a new golf course.
Horticultural And Tree Care Company: Outside counsel for one of the largest horticultural and tree care companies in the metropolitan area. Z&S is actively involved in several real estate acquisitions, business transactions, commercial leases, and a wide variety of corporate matters for this client.
Office Building Acquisition: Z&S represented a world-wide civil and building construction company in its acquisition of a large office building in Westchester County. Z&S assisted this company in negotiating the Purchase and Sale Agreement, and guided the client through complex lease and other issues to ensure a successful closing.
Boarding School: Successfully negotiated land lease and waste water treatment plant operating agreement on behalf of boarding school in accordance with Federal Consent Decree. The agreement provided for, among other things, the sharing of operating costs and flow allocations between the school and a neighboring development located in the New York City Watershed.
Sewage Treatment Plant: Z&S prepared and negotiated an Asset Purchase and Settlement Agreement, on behalf of a residential developer client, regarding the sale of a sewage treatment plant. The sale effectuated the settlement of a dispute and potential litigation between our client, and various other parties, concerning their respective ongoing duties with regard to the maintenance of a golf course abutting the development. The golf course was irrigated through the treatment plant and associated lagoon. Z&S also analyzed various Declarations, Covenants and Easements between the parties, as well as a Turnover Agreement with the municipality.
Comprehensive Due Diligence: Prepared comprehensive land use and zoning due diligence analysis for the proposed development and acquisition of more than 100 acres for a private school in Westchester County. Z&S also negotiated the Contract of Sale, advised the client with respect to various title and easement issues, and conducted the closing. We are currently representing the school in processing its land use applications to construct educational facilities on the site.

Landlord/Tenant and Leasing

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Non-Payment Proceeding: Representation of leading commercial property owner in summary non-payment proceeding in Greenburgh Justice Court, securing possession to commercial office space and a money judgment of more than $170,000.00 for arrears, costs, and attorney fees
Constructive Eviction: Successful defense of leading commercial property owner against claims of constructive eviction resulting in award of possession and monetary judgment for arrears, costs, and attorney fees
Yellowstone Injunction: On-going representation of commercial property owner seeking to challenge the imposition of a Yellowstone Injunction, purportedly allowing additional time to cure a purely monetary default
Lease Negotiation: Successful negotiation of lease extension following holdover, including immediate payment of arrears, attorney fees, and increased payment of rent and additional rent to landlord.

Eminent Domain

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Settlement Of Temporary And Permanent Takings Claims: Obtained a favorable settlement during trial in connection with both temporary and permanent taking actions on behalf of a New York City based development group in connection with a plethora of condemnation issues, and litigation under the Eminent Domain Procedure Law, SEQRA, and various related constitutional issues.
Staten Island Blue Belt: Representation of a property owner in connection with a highly controversial condemnation proceeding with the City of New York involving the Staten Island Blue Belt Storm-Water Management Project. Z&S obtained a settlement for the desired amount.
Mixed-Use Urban Renewal: Representation of a large city in Westchester County as special land use and environmental counsel in connection with all eminent domain and urban renewal proceedings, as well as all related litigation, pertaining to a proposed 800,000 square foot mixed-use urban renewal project. Z&S is assisting the city with all compliance and relocation issues, Emergency Tenant Protection Act requirements, SEQRA, NEPA, creation of various density overlay and other zoning amendments, subsurface development rights, vertical condominium structures, and other land use and zoning approvals.
Valuation Trial: Special counsel to a large Westchester City in connection with the phased development of approximately 66 affordable town homes, an approximately 102 affordable unit senior citizen rental housing complex and medical support facility, as well as accessory on-site parking, located on 34 different properties. Z&S’s representation includes advising and prosecuting all involuntary acquisitions pursuant to New York’s EDPL in connection with Phase I of the Project, including conducting a trial successfully on valuation issues, which related to the future development potential of the subject property.
Industrial Development Agency: Prevailed in several complex litigations in both State (trial and appellate) and Federal Court on behalf of an IDA regarding a parcel it condemned in connection with a waterfront redevelopment project. The litigations involved, among other things, obtaining a Writ of Assistance and securing off-sets against the advance offer for the future remediation of this contaminated site. The Firm is now representing this IDA in a valuation proceeding under EDPL Article 5.
Private Corporation: Represented major beverage retailer in connection with the potential taking of several prime Manhattan stores to facilitate a public use transportation project.