New York Zoning Law: Protecting Grandfathered Property Rights
Preexisting Nonconforming Uses: Protecting “Grandfathered” Rights and Avoiding Abandonment By: Lee Lefkowitz A “Preexisting Nonconforming Right” is an owner’s lawful ability to use real property in a manner that later zoning regulations no longer permit. The use was permitted when it began, then the rules changed and it no longer is. New York law generally […]
Z&S Successful in Three Appeals Upholding Hampshire Country Club’s Regulatory Taking Claim in Mamaroneck
Z&S Partners David Cooper and Jody Cross secured three decisions from the Appellate Division, Second Department in the Hampshire Recreation, LLC v. Village of Mamaroneck litigation stemming from the Planning Board’s denial of Hampshire’s residential subdivision application in 2020. In three decisions issued together on September 2, 2026, the Second Department upheld the Supreme Court’s […]
David Steinmetz Appears Before White Plains Planning Board for Former Windward School Subdivision Proposal
Zarin & Steinmetz attorney David S. Steinmetz appeared before the White Plains Planning Board in connection with Whitmore Estates’ preliminary subdivision application for the former Windward School property in White Plains. The proposal seeks a 13-lot subdivision of the 5.355-acre site at 5 and 15 Windward Avenue, allowing 14 single-family homes to be built following […]
Zarin & Steinmetz working with Continental American RE on 16 Villard Avenue Project
Zarin & Steinmetz LLP is representing Continental American RE in connection with the 16 Villard Avenue project – a 60-unit active adult (55+) community in Hastings-on-Hudson. The development would transform a long-vacant site into vibrant new housing designed for downsizing residents, featuring modern amenities and a mix of affordable units. In addition to revitalizing the […]
Zarin & Steinmetz Represents Freestone Renewables in Solar Project Approval
Zarin & Steinmetz attorneys David Cooper and Jaclyn Cohen represented Freestone Renewables in connection with securing site plan approval from the Town of Yorktown Planning Board for a major community solar energy project. The approval allows the construction of a solar farm on a 15-acre portion of the 52.53-acre parcel on Jacob Road. The approved plans include 6,700 ground-mounted solar […]
Z&S Goes Before NY Court of Appeals in Land Use Case
Z&S Partner Lee Lefkowitz presented oral argument on November 20 before the Court of Appeals, New York’s highest court. The case, Hudson View Park Company, LLC v. Town of Fishkill, addresses important questions at the intersection of land use, statutory interpretation, contract law, and public policy. Appearing before New York’s highest court is a major milestone […]
Reimagining Vested Rights and Zoning Amendments
By Brad K. Schwartz The idea of vested rights legislation in New York has come and gone over the years without the State Legislature voting on prior proposals. A vested right affords protection against zoning changes that would render a proposal impermissible. It incentivizes development by bringing a level of certainty to a risky land […]