Zarin & Steinmetz Welcomes New Associates

Z&S is pleased to announced the addition of Katelyn Ciolino and Edward (Ted) Teyber to our roster. Katelyn joins Z&S from a commercial litigation firm where she represented clients in all aspects of complex commercial and business litigation. She is a 2014 graduate of Brooklyn Law School, where she received her Juris Doctor, cum laude. Ted previously worked as an associate at a Westchester County boutique land use firm where he secured approvals from various boards throughout the region, and handled related commercial leasing and litigation matters. He received his Juris Doctor, cum laude, and Certificate in Environmental Law in 2014 from Pace Law School. Read more about Katelyn and Ted on our Meet Our Attorneys page.

David Steinmetz & Jody Cross Successfully Defend Establishment Of Community Residence

By Decision & Judgment, dated March 29, 2017, the Appellate Division, Second Department, upheld a determination by Kerry A. Delaney, Acting Commissioner of the State of New York Office for People with Developmental Disabilities (“OPWDD”), permitting Ability Beyond Disability (“Ability Beyond”) to establish a six-person Community Residence for adults with developmental disabilities in the Village of Port Chester (the “Village”). On July 13, 2017, the Second Department denied the Village’s request to either reargue the case, or to appeal to the Court of Appeals. Ability Beyond first notified the Village pursuant to New York Mental Hygiene Law (“MHL”) Section 41.24 in December 2012 of its intent to establish the Community Residence on a property previously approved by the Village for a single-family home. Since its adoption in 1978, MHL Section 41.24, also known as the “Padavan Law” after its champion, Senator Frank Padavan, has permitted Community Residences for individuals with disabilities to be established in single-family neighborhoods, unless the municipality can demonstrate that the addition of such a Residence would result in an “overconcentration of the same or similar facilities so as to substantially alter the nature and character of the area.” After numerous delays, in April 2015, the Village Board of Trustees voted unanimously to object to the location selected by Ability Beyond, and requested a Hearing before the OPWDD. Following the Hearing at which testimony was taken from representatives of the Village and Ability Beyond, in November 2015, the OPWDD issued a determination decisively rejecting the Village’s objection. The Village then challenged OPWDD’s determination in the Westchester County Supreme Court. The matter was then transferred to the Appellate Division, Second Department. In its Decision & Judgment, the Appellate Court upheld the determination of the OPWDD, declaring that “[t]he Village failed to meet its burden of adducing clear and convincing proof that the establishment of the subject community residential facility would result in an overconcentration of the same or similar facilities so as to substantially alter the nature and character of the area.” The case is captioned Village of Port Chester, et al. v. Kerry A. Delaney, et al., Docket No. 2016-02957 (2d Dep’t).  A copy of the March 29, 2017 Decision & Judgment can be found here. The July 13, 2017 Decision & Order on Motion can be found here. Zarin & Steinmetz celebrates with Ability Beyond at its 2017 Annual Gala. From L to R: Brad Schwartz, Marsha Rubin Goldstein, Jody Cross, Zachary Mintz, and David Steinmetz.

Daniel Richmond & Michael Cunningham Successfully Defend Subdivision Approval From Article 78 Challenge

  By Decision and Order, dated May 31, 2017, the Honorable Judge Sherri L. Eisenpress denied and dismissed a challenge to the conditional final subdivision approval granted by the Town of Ramapo Planning Board to enable Zarin & Steinmetz’s client to subdivide its property. The Court first concurred that the Petitioner was time barred in its challenge to the environmental review conducted for the subdivision under the State Environmental Quality Review Act (SEQRA).  Judge Eisenpress held that a challenge to the subdivision’s SEQRA review should have occurred within 30 days of the Planning Board’s Sketch Plat Approval Project, and “that a challenge to the project based on SEQRA grounds [could] not be postponed until after final subdivision approval.” Accordingly, Judge Eisenpress held that the “Court’s review is limited to discerning whether the Planning Board’s grant of final subdivision approval is supported by substantial evidence and is rational.”  Upon a thorough review of the record, the Court concurred that the final subdivision approval was “rational and based upon substantial evidence.” The case is captioned Halpern v. Planning Board of Ramapo, et al., Index No. 001599/2016 (Sup. Ct. Rockland Cnty) (Eisenpress, J.). A copy of the Decision & Order can be downloaded here.

David Steinmetz & Kate Roberts Secure Approval for Restaurant In Iona College Residence Hall

David Steinmetz & Kate Roberts recently received an approval for a 24-hour restaurant and market in the new Iona College residence hall located on North Avenue in the City of New Rochelle at the former site of the Mirage Diner. The restaurant and market will be located on the first floor of the seven-story residence hall, and will be open to the public.

David Steinmetz Secures Approvals For Former AT&T Building

David Steinmetz recently received approvals for the adaptive re-use and re-purposing of the former AT&T 12-story office building in downtown White Plains for 245 residential rental units, with extensive amenities, in conjunction with a green grocer, coffee shop and on-site parking.

Jody Cross to Present at New York Planning Federation 2017 Annual Conference

On March 27, 2017, Jody Cross will take part in a panel discussion regarding RLUIPA Zoning Decisions at the New York Planning Federation 2017 Annual Conference in Saratoga Springs, New York. She will be discussing municipal regulation of religious uses under RLUIPA. Jody will be presenting with Frank Fish, FAICP, of BFJ Planning, and James Staudt, Esq. of McCullough Goldberger & Staudt LLP. For more information regarding the NYPF 2017 Annual Conference, click here.

Michael Zarin, Helen Mauch & Brad Schwartz hold 2017 Breakfast Program

Michael, Helen & Brad held a roundtable discussion regarding Transformative Real Estate Development Projects on March 23, 2017. The breakfast program focused on unique public infrastructure bond financing techniques used in two $1 Billion development projects that Zarin & Steinmetz clients are constructing. Developers, municipal representatives, financial professionals, and consultants participated in a lively discussion regarding the 1,700 acre Adelaar Project in Sullivan County, New York, and the Garvies Point Waterfront Redevelopment Project in Glen Cove. New York.    

David Cooper & Zachary Mintz Complete Eminent Domain Trial in Rockland County

Z&S continues to represent a Village in Rockland County in a series of eminent domain proceedings commenced in connection with a large-scale waterfront revitalization project. David and Zach handled the valuation trial concerning a former manufacturing site, one of the last parcels acquired by the Village in furtherance of the project. A central issue at trial was the potential number of multi-family residential units that could be built at the site, as well as the likely cost to construct these units. David and Zach presented a comprehensive development plan and opinion of probable cost through the testimony of various planning, engineering and real estate valuation experts. Testimony was completed in early March. David and Zach are currently working on the post-trial brief. A final decision from the Court on the valuation of the site is anticipated later this year.

David Steinmetz, Jody Cross & Matthew Pisciotta Successfully Defend Approvals Issued To Yorktown BJ's Wholesale Club

By Decision & Order, dated January 9, 2017, Judge Gretchen Walsh, presiding Judge of the Environmental Claims Part for the New York State Ninth Judicial District, upheld land use approvals granted by the Town of Yorktown to BJ’s Wholesale Club, which would allow BJ’s to construct a gasoline filling station as an amenity for its members at its existing location in the Staples Plaza, 3303 Crompond Road in Yorktown Heights. The challenged approvals rezoned a portion of the property and granted a Special Use Permit and site plan amendment for the gas service station.

The action was brought by local competitor gas stations, as well as Yorktown Smart Growth, which considers itself a “watchdog” regarding the implementation of the Town’s land use goals and policies. Judge Walsh, in her well-reasoned 79-page Decision, determined that the Town’s approvals were rational, consistent with the Town’s Comprehensive Plan and Zoning Code, and were not “arbitrary or capricious.” She also upheld the Town’s determination under the New York State Environmental Quality Review Act (“SEQRA”) that the gasoline filling station – which will be located in an underutilized section of the already existing parking lot – would not have the potential for any significant adverse environmental impacts.

The case is captioned Yorktown Smarth Growth, et al. v. Town of Yorktown, et al., Index No. 1880-15 (Sup. Ct. Westchester Cnty. Envtl. Claims Pt.) (Walsh, J.).

A copy of the Decision & Order can be viewed here.

David Steinmetz & David Cooper Secure Approvals In The Village Of Irvington For Townhouse Development

David Steinmetz and David Cooper assisted a local developer and its consultant team seeking to redevelop a property in the Village of Irvington with a 27-unit luxury townhouse community. The proposal included building 4 new affordable housing units, as well as adaptively reusing an historic single-family house with 2 additional affordable housing units. David and David worked with the Village Board to amend provisions of the Village Zoning Code regulating multi-family housing in order to facilitate modern townhouse-style development. Upon obtaining the necessary zoning text amendments, David and David, along with the consultant team, secured all approvals from the Village Planning Board and ARB. This process included addressing various visual, traffic and historic preservation issues. It also involved working with the Westchester County Planning Department to ensure that the developer’s proposed affordable housing units would comply with the County’s Affirmative Fair Housing Marketing Plan.

David Steinmetz and Brad Schwartz Attend Ground Breaking Ceremony for Cortlandt Crossing Shopping Center

David and Brad attended a ground breaking ceremony in the Town of Cortlandt for the Cortland Crossing Shopping Center after receiving a rezoning and site plan approval for this 130,000 square foot retail center. Z&S successfully navigated a complex rezoning, regulatory and environmental process on behalf of Acadia Realty Trust.

Michael Zarin, David Steinmetz & Jody Cross Named 2016 Super Lawyers

Michael, David and Jody were recently selected to the 2016 New York Super Lawyers list in the field of Land Use & Zoning. Only five percent of lawyers in the State are selected to this list annually.

*UPDATE* Second Circuit Upholds S.D.N.Y. Decision In Favor Of Villages Against Federal Claims

The United States Court of Appeals, Second Circuit, upheld the decision by U.S. Southern District of New York Judge Kenneth Karas, which dismissed on Summary Judgment various civil rights claims against four Villages within the Town of Ramapo. The Second Circuit held, inter alia, that “Plaintiffs failed to provide credible evidence that any of the purported comparable sites were similarly situated,” and that “Plaintiffs failed to offer evidence that the Villages Defendants were driven by discriminatory animus.” The Court further held that the Villages were motivated by a genuine concern that the “Town’s SEQRA analysis would result in adverse effects on the environment.”

Finally, the Second Circuit distinguished its holding in Fortress Bible Church v. Feiner, 694 F.3d 208 (2d Cir. 2012). There, the Court held that a municipality could be found liable under RLUIPA where it misuses the SEQRA process. Unlike in Fortress Bible, the Villages here did not have jurisdiction over Plaintiffs’ property or project. They merely “filed a lawsuit to challenge some other municipality’s SEQRA review.” This distinction, the Court held, rendered Fortress Bible as inapposite. The Villages were represented by Michael Zarin and Jody Cross.

See Bernstein v. Vill. of Wesley Hills, 2016 WL 1129182 (2d Cir. Mar. 23, 2016)

[ORIGINAL STORY HERE]

SEQRA Findings and Preliminary Subdivision Approval in Cortlandt

David Steinmetz and Brad Schwartz guided our client through the full SEQRA and subdivision review processes for a 27-lot cluster subdivision in the Town of Cortlandt.  The Planning Board adopted SEQRA Findings and issued Preliminary Subdivision Approval at its September meeting.  The Project involved mitigating traffic concerns along Croton Avenue, creating open space parcels to preserve environmentally sensitive areas of the site, and working with neighbors to resolve tree removal and other issues.  David and Brad prepared the comprehensive SEQRA Findings Statement.  We are now helping our client form Town sewer and drainage districts, and otherwise advance towards final subdivision approval, including by securing outside agency approvals.

Michael Zarin & David Steinmetz Named 2015 Super Lawyers

Michael and David  were recently selected as 2015 Super Lawyers.

• Michael Zarin was recognized in the fields of Land Use/Zoning and Environmental Law.
• David Steinmetz was acknowledged in the area of Land Use/Zoning.

David Steinmetz was also recently chosen for inclusion in the 2015 edition of ALM’s Top Rated Lawyers in Land Use and Zoning. This nationally recognized publication’s 2015 edition includes top peer-rated, AV Preeminent attorneys from across the country in the fields of Land Use and Zoning.

Zarin & Steinmetz Successfully Defends Rockland County Villages Against Federal Claims

Michael Zarin and Jody Cross, representing the Villages of Wesley Hills, Chestnut Ridge, Montebello and Pomona, successfully obtained Summary Judgment in a highly publicized, Federal Court action. The nearly decade long litigation centered on an array of purported constitutional violations arising from those Villages' challenge (in a related State Court action) under the New York State Environmental Quality Review Act (SEQRA) relating to the development of Plaintiffs’ 60-unit multi-family adult student housing complex.

Plaintiffs claimed, among other things, that they were denied equal protection when the Villages brought the SEQRA suit in the Environmental Claims Part of the Westchester County Supreme Court. Z&S successfully argued that the Villages were simply advocating their legitimate planning and environmental concerns on behalf of their constituents.

In dismissing Plaintiffs' claims, which sought $100 million in damages against the Villages, U.S. Southern District of New York Judge Kenneth Karas held that Plaintiffs provided no evidence that they were denied equal protection, or that the Villages violated any of Plaintiffs constitutional rights. Judge Karas also held that Plaintiffs could not establish any violations under RLUIPA.

Rabbi James Bernstein, et al. v. Vill. of Wesley Hills, et al., 2015 WL 1399993 (S.D.N.Y. Mar. 27, 2015 )

Brad Schwartz Selected For JCC Hudson Board

The JCC on the Hudson in Tarrytown has selected Brad to serve on its Board of Governors. Brad is actively involved in all Board matters.  He is playing a key role, for example, in helping to advance progress on the JCC’s campus expansion, which is scheduled to begin construction this year.  “I joined the Board to help the JCC establish itself as a destination in the Rivertowns.  Our community will benefit tremendously from the new facility, and the variety of programs that will be offered.  This is an exciting time for the JCC and Rivertowns, and I am glad to be a part of it.” The JCC on the Hudson is a non-profit, non-sectarian community center, offering afterschool care, senior programs, preschool, camp, fitness, and programs for those with special needs.

EPR’s Adelaar Selected By NYS Gaming Facility Location Board

On December 17, 2014, the New York State Gaming Facility Location Board selected the Montreign Casino at Adelaar to apply for a Gaming License with the New York State Gaming Commission. Zarin & Steinmetz’s client, EPR Properties, owns the 1,700 acre development site, where EPR’s world class four-season destination resort, known as Adelaar, will be developed, along with Montreign Casino at Adelaar.  Michael Zarin and Helen Mauch continue to provide environmental, land use, regulatory and real estate counsel to EPR. Zarin & Steinmetz is also helping EPR create Special Districts under New York Law, structure bonds for financing and negotiate and prepare all Agreements associated with the Master Development. In addition, Zarin & Steinmetz successfully defended the environmental and land use approvals for this ambitious mixed-use redevelopment project, which will feature an indoor waterpark lodge and adventure park, Rees Jones designed Golf Course, an entertainment village, and premier retail, restaurants and entertainment.

David Steinmetz Secures 11 Variances For Senior Living Facility

After more than two years, David Steinmetz was successful in convincing the Town of Eastchester Zoning Board of Appeals to grant 11 area variances to facilitate a 92-unit, 5-story, age restricted (55 and over) rental building in Eastchester.  Helen Mauch and Jody Cross assisted David in this matter.  The need for variances from the ZBA arose when the Town Board decided not to pursue a legislative text amendment to the Town’s Senior Housing Law.  In addition, because the project has a subsurface parking garage structure, some of the variances were of the magnitude of 141%.  A critical turning point in this application was presenting a 3D computer generated graphic, which helped demonstrate to the Planning Board (as Lead Agency) that there was no adverse visual impact.  Z&S will continue to represent the applicant in the event of an Article 78 challenge.

Michael Zarin & Dan Richmond Obtain Special Permit for Religious Use

Michael Zarin and Dan Richmond overcame significant community opposition to obtain positive SEQRA Findings and Special Permit Approval from the New Castle Zoning Board of Appeals for the Upper Westchester Muslim Society (UWMS) for its proposed Masjid (mosque) and Islamic Center. These approvals were the culmination of a lengthy review process. Michael and Dan worked with the UWMS’s engineering and planning consultants to formulate creative mitigation measures, including with respect to wetland restoration and transportation management.

David Cooper Is Selected To The 2014-15 Hudson Valley Pattern For Progress Fellowship Program

David Cooper was selected to the 2014-15 Hudson Valley Pattern for Progress Fellowship Program.  Hudson Valley Pattern for Progress is a leading policy research and advocacy organization promoting regional solutions facilitating the growth and vitality of the Hudson Valley.  David will join a team of 25 planners, municipal officials and leaders from numerous industries in the Hudson Valley.  Members of the 2014-15 Fellowship Program will assist the organization in its recently announced three-year initiative to identify and implement strategies to attract “millennials” to Hudson Valley urban centers through sustainable redevelopment and revitalization of downtown areas.

David Steinmetz & Jody Cross Obtain Approvals To Redevelop Lumber Yard

David Steinmetz and Jody Cross successfully obtained Site Plan approval from the Town/Village of Harrison Planning Board, as well as necessary variances from the Harrison Zoning Board of Appeals, to redevelop a ½ acre site housing a nonconforming lumber yard as a 36-unit multifamily residential building with 4 stories of residential use, and an additional story of on grade parking.  The use was found by Harrison to be consistent with the adjoining residential uses.  In addition, the project’s close proximity to Harrison’s proposed transit oriented development and the Metro North Train Station makes the Project attractive to commuters.  David and Jody guided the development team in order to secure the necessary approvals in 12 months.

Dan Richmond Wins Motion To Dismiss A Challenge To Spring Valley Development

Dan successfully argued that a challenge to a 36-unit residential project in the Village of Spring Valley was barred by the doctrine of laches. The Court not only denied the petitioner’s motion for a preliminary injunction to enjoin construction, but also granted Zarin & Steinmetz’s motion to dismiss the litigation. The Court concurred that there was no excuse for petitioner’s delay in commencing the proceeding, where construction activities had taken place within view of petitioner’s property. A copy of the Decision and Order can be found here.

Glen Cove Grants Approvals For Phase One Of Waterfront Project

Brad Schwartz guided the Glen Cove Planning Board through the Site Plan and Subdivision process for Phase One of the Garvies Point Waterfront Redevelopment Project.  Phase One will include 387 multi-family rental units, 3,055 gsf of retail, parks/playgrounds, and other public amenities and open space.  The Planning Board voted unanimously to adopt the Resolution of Approval.  Brad worked closely with the Planning Board’s planning, engineering and open space consultants to prepare a comprehensive Resolution, which represents a major step towards construction of this long-awaited project.

Daniel Richmond Co-Authors Article On Koontz Decision

Dan co-authored an article, entitled “State Environmental Quality Review Act Through The ‘Koontz’ Prizm,” which was published in the New York Law Journal on September 16, 2013. The article discusses the interrelationship of the United States Supreme Court’s Decision in Koontz v. St. Johns River water Management District and the imposition of conditions through the State Environmental Quality Review Act (SEQRA).

A copy of the article can be found here.