Land Use and Zoning

Don’t let land use and zoning issues set you back. Harris Beach helps clients manage challenges to guide successful project development.

Harris Beach 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). 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 and Zoning Planning, Appeals and Appearances before Review Boards

We represent clients in connection with planning and zoning applications, including variances, site plans, subdivisions, planned unit development, rezoning, special use permits and building permits.
Our attorneys counsel clients on developments of regional impact, development agreements and environmental and land use permitting.
We appear before municipal boards, including local legislative bodies, zoning boards of appeal, planning boards and architectural review boards.

Litigating Zoning, Land Use and Title Disputes

Harris Beach represents private developers and municipalities in administrative proceedings and in federal and New York state trial and appellate courts in connection with environmental and land use disputes arising out of local codes and ordinances, and state and federal statutes.
We represent property owners in title and property disputes, including zoning disputes, adverse possession, boundary disputes, right of way and easement disputes, abandonment, exclusive use restrictions, annexations, easements and consent rights.

Assisting with Regulatory Permitting and Environmental Review

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 SEQRA, 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 New York State Office of Parks Recreation and Historic Preservation (OPRHP), the New York State Department of Transportation (DOT), the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers.

Harris Beach 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].
Represent developer of gas stations and convenience stores in land-use applications before local municipal boards.
Represent 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 that rescinded 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 an 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
Assists the Town of Salina on a closure of its former landfill, and defending the Town in EPA cost recovery matters concerning the Onondaga Lake and Lower Ley Creek CERCLA sites.
Represents 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.
Represents 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.

Leader(s)

Darius P. Chafizadeh

Member

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