Land Use and Zoning

Harris Beach Murtha plays an essential part in many major real estate development projects every year, helping clients navigate land use and zoning issues. Our comprehensive knowledge, from zoning regulations to environmental compliance and dispute resolution, ensures clients achieve their development goals.

Harris Beach Murtha has a results-oriented approach with private developers, municipalities and public organizations based on our long experience, understanding of community dynamics and our work securing local, state and federal permit approvals. We help clients navigate the complex regulatory landscape to successfully complete their projects, including appearing before local legislative, zoning and planning boards, and assisting with permitting processes, including compliance with the New York State Environmental Quality Review Act (SEQRA), the Massachusetts Environmental Policy Act (MEPA) review and Connecticut Environmental Policy Act (CEPA) reviews.

We work collaboratively with our clients, and their engineers, architects and other real-estate professionals on overall project development to help keep projects moving forward, on schedule and on budget. Our integrated, end-to-end representation offers effective solutions in all areas of land use and zoning, including acquisition, design, regulatory compliance, approvals, construction and litigation.

Land-use planning involves the regulation of land use by governing authorities to ensure the land is used in a manner beneficial to the community. We represent clients in connection with site analysis and acquisition, planning and zoning applications, including variances, site plans, subdivisions, planned unit development, rezoning, special use permits and building permits.

We help interpret policies that govern how land can be used, including environmental impact assessments and master plans that guide the long-term development of the community. Our strategic advice assists with completing projects on time and on budget.

Public hearings are often required for land use and development projects. We appear before municipal boards, including local legislative bodies, zoning boards of appeal, planning commissions and architectural review boards to present projects, address concerns and obtain permits.

Navigating zoning hearings and appeals can be daunting. We handle a variety of tasks related to zoning, including assisting clients with applying for changes to zoning designations to allow for different types of land use. We also handle variance requests to receive exceptions to zoning regulations where standard compliance is impractical or impossible and Conditional Use Permits Environmental considerations are crucial in land use and development. Our attorneys advise private developers and municipalities on required environmental reviews as a prerequisite to land use, zoning and other land use decisions, including compliance with the New York State Environmental Quality Review Act (SEQRA), the Massachusetts Environmental Policy Act (MEPA) review and Connecticut Environmental Policy Act (CEPA) reviews, the National Environmental Policy Act, the New York City Environmental Quality Review Act and the New York City Uniform Land Use Review Procedures.

We assist clients with permitting matters before state and federal agencies, including the New York State Department of Environmental Conservation (DEC), the Connecticut Department of Energy and Environmental Protection (DEEP), the Massachusetts Department of Environmental Protection (MassDEP), the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers.

Harris Beach Murtha represents private developers and municipalities in local administrative and appeal proceedings and in federal and state trial and appellate courts in connection with environmental and land use disputes arising out of local codes and ordinances, as well as state and federal statutes. These matters include zoning disputes, adverse possession, boundary disputes, right of way and easement disputes, abandonment, exclusive use restrictions, annexations, easements and consent rights.

We are equipped to handle litigation and dispute resolution, whether through negotiation, mediation or courtroom advocacy. We resolve conflicts efficiently, allowing projects to proceed with minimal disruptions.

We assist clients in navigating the regulations related to preserving historic sites, including obtaining permits required for the restoration or alteration of historic properties and development projects adhere to local, state, and national preservation standards.

Leader(s)

Darius P. Chafizadeh

Member

(914) 683-1212

dchafizadeh@harrisbeachmurtha.com

Team

Javid Afzali

Senior Counsel

(607) 330-7725

tpsmith@harrisbeachmurtha.com

Assisted Suffolk County with the 50-acre Ronkonkoma Hub redevelopment project in the Town of Brookhaven. Helped select the transit-oriented development project’s development teams and negotiated development agreements with the selected developers. Counseled on the adoption of a form-based zoning code and land-swap agreements with LIRR/MTA.
Represented Sunrise Wind with the development of an approximately 880-megawatt offshore wind farm. Negotiated license and easement rights with local municipalities, prepared and coordinated alienation with New York State, negotiated a Payments-In-Lieu of Taxation, Sales and Use Tax Exemptions and a 25-year Host Community Agreement. While such a project is generally immune from local zoning, firm attorneys appeared before the Central Pine Barrens Commission and obtained discretionary environmental land use approval to allow improvements in the core preservation area on the Long Island Pine Barrens and local approvals for improvements that are not immune from zoning and land use regulations. In addition, assisted with coordinating the filing and prosecution of building permit and New York State Department of State variance applications.
Represented Propel with the siting of a regional transmission line. Negotiated the license and easement rights with local municipalities in Nassau, Suffolk and Westchester counties, as well as the City of New York; held meetings with townships along the project route; and prepared private easements and utility crossing agreements.
Represented Catholic Health of Long Island in the development of large-scale hospital expansions/modernizations of six hospital campuses, as well as the siting, acquisition and development of outpatient treatment locations. Represented Catholic Health of Long Island for the development of an approximately 300,000-square-foot pavilion by providing counsel throughout its design, overseeing the strategy for a complex SEQRA process, as well as obtaining all discretionary approvals from municipal boards required to construct the $500 million project.
Represented Mount Sinai Hospital on zoning, land use, economic development and environmental matters related to multiple expansion and new development projects, including a new addition to the hospital’s main campus in the Town of Hempstead, Oceanside, and the construction of a new health care facility in the City of Long Beach. Assisted with complying with FEMA funding requirements, SEQR guidelines and the New York State Department of Environmental Conservation rules and regulations. Negotiated and interfaced with FEMA on a $154 million grant, environmental assessment of the improvement projects, modifications thereto and the compliance thereof with FEMA Environmental and Historic Preservation requirements.
Represented Empire State Development for the major commercial and civic development project, UBS Arena, located on approximately 43 acres at the southern end of the Belmont Park racetrack. The nearly $1.3 billion redevelopment project includes a new 19,000-square foot-arena, which serves as the new home for the New York Islanders of the National Hockey League, with affiliated parking, along with open space and community facilities, Negotiated PILOT agreements with affected tax jurisdictions and the developer.
Represent the Metropolitan Transportation Authority in the preparation of requests for proposals/expressions of interest, review of bids received in response thereto and negotiation of agreements with selected bidders, on transit-oriented developments of Metro North and Long Island Rail Road parcels owned by MTA. Assisted in vetting the proposals with the local permitting jurisdictions and selected bidders in negotiating impact fee agreements with the local taxing jurisdictions.
Served as counsel to the Town of Babylon on Wyandanch Rising, a transit-oriented development project, which involves a unique use of local development corporations; the adoption of a form-based zoning code; issuance of tax-exempt bonds and low income housing tax credits; the selection of the projects’ development teams and negotiation of development agreements with the selected developers; and negotiation of agreements between the Town and LIRR/MTA concerning the swap of municipal and MTA-owned land in compliance with the Public Authorities Accountability Act and Public Authorities Reform Act. Negotiated the development leases for the multi-year, multi-site phased development of residential and mixed-use facilities that constitute an integral part of the Wyandanch Rising project. Worked with the Town in the development of an intermodal parking facility, as well as the development of the new commuter station facility at the LIRR Wyandanch commuter train station.
Successfully defended one of the largest day camp operators in the northeast in an Article 78 proceeding by drafting legal memorandums and affidavits, as well as coordinating the legal defense and production of the record with the local Town Attorney’s office.
Successfully defended the approvals of Mount Sinai South Nassau predicated on the novel use of the doctrine of merger as a ground to permit a use in a zone where not permitted without a change of zone or use variance.
Served as counsel to the Town of Brookhaven in connection with its applications to the New York State Department of Environmental Conservation to expand an existing landfill to permit a new ash fill.
Represented the Nassau County Industrial Development Agency by conducting the SEQRA review, as well as drafting, negotiating and executing the transaction documents for the Superblock development, which consisted of approximately $158 million and $211 million projects, totaling 620,000 square feet of multifamily residential housing and commercial space on an oceanfront site that had been vacant for four decades.
Represented the Nassau County Industrial Development Agency by conducting the SEQRA review, as well as the drafting, negotiation and execution of the transaction documents, drafting, negotiating and executing the transaction documents for the approximately $71.7 million Amazon.com/Syosset Park development, which consisted of 204,175 square feet of warehouse space on a long vacant brownfield that had been the subject of numerous litigations and failed redevelopments over the prior three decades.
Represented the Suffolk County Industrial Development drafting, negotiating and executing the transaction documents for the multiple-location Spectronics development, which consisted of 85,556-square-foot manufacturing plant and its 24,244-square-foot corporate headquarters.
Represented the Town of Brookhaven Industrial Development Agency in drafting, negotiating and executing the transaction documents for multifamily straight leases.
Served as zoning counsel to the Broome County Industrial Development Agency, filing a change of zone application and working with the Town of Conklin to get the property rezoned to permit the IDA to sell the property to Old Dominion Freight Line, Inc. and allow for the construction of a cross dock distribution center, ultimately getting the Town to approve it on their own motion. The project also involved the negotiation of a utility easement to cure a potential adverse possession.
Received parking variance and use variance approvals to permit a regional theater in the Town of North Hempstead.
Received a change of zone and related variances to permit the sale and modernization of a 132,836-square-foot tennis center.
Obtained variance approvals for the first East-End Weill Cornell Medicine and New York-Presbyterian medical facility.
Provided SEQRA services to the Town of Huntington to create overlay zones over 163 parcels in the Town of Huntington to allow for additional redevelopment options of industrial-zoned land.
Harris Beach Murtha served as lead counsel in the development of the $440 million del Lago Resort & Casino in Seneca County, New York. We managed the structuring of the transaction, preparation of governance documents, licensing and approvals, including related litigation, and acted as New York and construction counsel for the company in closing financing for the project.
Our attorneys counseled Norfolk Southern Railway (NS) on each of the aspects of the state and federal environmental approvals and reviews, as well as other permits and approvals required for it to develop and construct the replacement for its Portageville Bridge, which spans the Genesee River in a gorge of Letchworth State Park, in Wyoming County, New York. Our work included advising on an extensive environmental review and historical impact processes under both federal and state law; review and initial implementation of an eminent domain type process for acquisition of private property needed to complete the project; attending and presenting at public hearings; and negotiations with private and public entities, including local, state and federal agencies. In addition, we worked with NS to obtain needed authorizations and permits from state agencies as part of its acquisition of parkland needed to complete the $70 million project.
Vasser v. City of New Rochelle, 180 A.D.3d 691, 118 N.Y.S.3d 717 (2d Dep’t 2020). The Appellate Division ruled in favor of the City of New Rochelle when property owners sought Article 78 and Declaratory Relief challenging an amendment of the City’s zoning code and the issuance of a negative declaration under SEQRA. In rendering its decision, the Second Department upheld the lower court’s finding that the property owners lacked standing to challenge the rezoning and SEQRA determination in connection with the City’s approval of a senior citizen residential facility. The Second Department held that petitioners who lived 1,200 and 1,800 feet away from the proposed development lacked standing because: (1) their homes were not adjacent to, but rather, several streets away from the proposed development; and (2) the speculative and unsubstantiated claims of potential harm (increased noise and traffic) failed to make the requisite showing of direct “injury-in-fact” different in kind or degree than suffered by the public at-large.
Matter of River Street Realty Corp. v. City of New Rochelle, 181 A.D.3d. 676, 121 N.Y.S.3d 107 (2d Dep’t 2020). The Appellate Division ruled that the City of New Rochelle was in full compliance with the State Eminent Domain Procedure Law (EDPL) and the State Environmental Quality Review Act (SEQRA) when it condemned commercial property in New Rochelle. The condemnation will allow development of a 27-story mixed-use residential building. In addition, the court granted the city’s motion to dismiss a challenge to a 2016 amendment to its zoning code. Despite petitioner’s protestations, the Second Department held that the city provided proper notice to the petitioner under the EDPL and made timely determinations and findings after the hearing. The court found that while the city did not strictly comply with EDPL 204(c) (3) or (4), any procedural error was harmless because petitioner was advised of its judicial remedies in prior notices and commenced the proceeding in a timely manner. The court also found that additional contentions made in the petition were not properly made at the EDPL hearings and therefore, were not properly before the court.
Successfully defended Dobbs Ferry Zoning Board of Appeals in challenge to denial of land-use application. Matter of Livingston Development Group LLC v. Zoning Board of Appeals of Dobbs Ferry, [App. Div. Index No.: 2016-04826].
Represented developer of gas stations and convenience stores in land-use applications before local municipal boards.
Represented leading fast-food establishment in land-use applications before local municipal boards.
Pittsford Canalside v. Village of Pittsford et al. 14-5753 2014 WL 6389972 (N.Y.Sup.): Decision and Order dated October, 2014: Co-lead counsel in a significant land use litigation brought by a developer client that successfully challenged municipal resolutions as invalid, rescinding previous project approvals under the New York State Environmental Quality Review Act. This decision was affirmed by the Appellate Division Fourth Department by Decision and Order dated March 18, 2016, which also modified the trial court’s decision and order concerning other matters.
Co-counsel for the Niagara County Refuse Disposal District providing counseling on regulatory matters associated with landfill operations, including expansion under the part 360 regulations, as well as supplementing closure of previously closed facilities. Litigation counsel for matters associated with landfill operations.
Counsel for significant regional private landfill operator providing regulatory advice on landfill expansion under the part 360 regulations and associated matters at two sites, including sites co-operated with municipalities.
Provided brownfield and SEQRA counsel for the City of Canandaigua North Shore Redevelopment Project, a significant multi-use lakefront project along the shores of Canandaigua Lake.
Provided zoning counsel to the developer of a medical cannabis grow facility in the County of Orange, as well as for various medical marijuana dispensaries located throughout the State of New York.
Provided brownfields, SEQRA and zoning services to a client relating to the re-development of 100-year-old manufacturing facility located in Buffalo, New York, into a mixed-use site.
Provided brownfields, SEQRA and zoning services for a client developing a biomass fuel production facility on the former Griffiths Air Force Base located in Rome, New York.
Provided SEQRA and zoning services for Seneca County IDA regarding biomass fuel production on former Seneca Army base, as well as successfully defended approval of the project in an Article 78 proceeding.
Provided SEQRA and zoning compliance services for a 1,250-acre advanced technology manufacturing park located in the County of Genesee.
Assisted the City of Yonkers IDA in the brownfields’ re-development of the former Austin Avenue landfill into a regional retail center.
Provided SEQRA assistance to Steuben County IDA on the review and approval of four wind farm developments located on approximately 100 square miles, and is currently representing the Steuben County IDA in an Article 10 review of proposed 242-megawatt wind farm project.
Assisted the Town of Salina on a closure of its former landfill, and defended the Town in EPA cost-recovery matters concerning the Onondaga Lake and Lower Ley Creek CERCLA sites.
Represented a developer on a brownfield and land-use project involving the construction of an affordable housing development in the Bronx Borough of the City of New York.
Represented an Erie County local development corporation in a brownfield project for a component of the former historical Bethlehem Steel Corporation facility located in Lackawanna, New York.

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