main content

Harris Beach PLLC Discover True Engagement image

People

About
  • About Harris Beach
  • Offices
  • Inclusion and Diversity
  • Community and Pro Bono
  • Lateral Opportunities
Careers
  • Careers at Harris Beach
  • Lateral Opportunities

Contact Us

Subsidiaries
  • HB Cornerstone
  • HB Solutions
  • Caetra.io
Industries
Legal Practices
Resources
Automotive and Vehicle Dealerships
Blockchain and Digital Assets
Cannabis
Construction and Surety
Education, K-12
EMS and Fire Protection Providers
Energy
Energy Industry Team
Sectors
Residential Electrical Submetering
Renewable Energy
Financial Institutions and Capital Markets
Food and Beverage
Food and Beverage Industry Team
Sectors
Nutritional Supplements
Health Care
Health Care Industry Team
Sectors
Long-Term Care
Higher Education
Industrial and Consumer Manufacturing
Medical and Life Sciences
Medical and Life Sciences Industry Team
Sectors
Long-Term Care
Nutritional Supplements
Pharmacy Law
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Real Estate Developers Industry Team
Sectors
Retail Real Estate in New York State
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems – Drones
Veterinary Medicine
  • Alternative Dispute Resolution
  • Appellate
  • Business and Commercial Litigation
  • Collections
  • Commercial Real Estate
  • Corporate
  • Cybersecurity Protection and Response
  • Diversity Compliance
  • E-Discovery (e-info℠)
  • Employee Benefits
  • Environmental
  • Environmental, Social and Governance (ESG)
  • Financial Restructuring, Bankruptcy and Creditors’ Rights
  • Foreclosure
  • Government Compliance and Investigations
  • Immigration
  • Insurance Coverage
  • Intellectual Property
  • International Trade
  • Internet Commerce
  • Labor and Employment
  • Mass Torts and Industry-Wide Litigation
  • Political Law
  • Product Liability and Comprehensive General Liability
  • Public Finance and Economic Development
  • Residential Real Estate
  • Tax
  • Wills, Trusts and Estates
  • Insights
  • News
  • Events
  • Covid-19 Resources

Land Use and Zoning

Service

2023 Best Law Firms - Rochester Tier 1 Land Use and Zoning
Profile
Services
Experience
People

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 Chafizadeh

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com

Team

Javid Afzali

Javid Afzali

Member
(518) 701-2775
jafzali@harrisbeach.com
Jordan Alaimo

Jordan C. Alaimo

Member
(585) 419-8855
jalaimo@harrisbeach.com
Darius Chafizadeh

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com
Michael Condon

Michael E. Condon

Member
(585) 419-8603
mcondon@harrisbeach.com
Keith Corbett

Keith M. Corbett

Member
(516) 880-8492
kcorbett@harrisbeach.com
Timothy Fitzgerald

Timothy M. Fitzgerald

Member
(585) 419-8967
tfitzgerald@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com
Shawn Griffin

Shawn M. Griffin

Member
(585) 419-8614
sgriffin@harrisbeach.com
Jared Kasschau

Jared A. Kasschau

Member
(516) 880-8106
jkasschau@harrisbeach.com
Gene Kelly

Gene J. Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com
Patrick Malgieri

Patrick M. Malgieri

Counsel
(914) 298-3000
pmalgieri@harrisbeach.com
Sean McCabe

Sean M. McCabe

Senior Counsel
(585) 419-8571
smccabe@harrisbeach.com
Robert Murray

Robert G. Murray

Member
(716) 200-5180
bmurray@harrisbeach.com
Kevin Overton

Kevin L. Overton

Member
(585) 419-8729
koverton@harrisbeach.com
Frank Pavia

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com
Charles Russell

Charles (Chip) W. Russell

Member
(585) 419-8635
crussell@harrisbeach.com
Thomas Smith

Thomas P. Smith

Senior Counsel
(607) 330-7725
tpsmith@harrisbeach.com
All Insights, All Publications, Legal Alert |
 October 31, 2021
PFAS: Navigating a New Frontier in Environmental Regulation
In recent years, states have begun investigating the health and environmental effects of PFAS and the class of chemical compounds that have ...read more
All Insights, All Publications, Legal Alert |
 April 21, 2021
Municipal Guidance On Land Use and Zoning, Cannabis and the Marijuana Regulation and Taxation Act
In a prior legal alert, we explained that under the Marijuana Regulation and Taxation Act (“MRTA”), the Legislature afforded towns, villages...read more
All Insights, All Publications, Legal Alert |
 April 6, 2021
New Marijuana Regulation and Taxation Act Provides Initial Guidance for Municipalities on Land Use and Zoning
Effective March 31, 2021, Governor Cuomo legalized adult-use of marijuana and provided for the licensure of producers, distributors, and ret...read more
All Insights, All Publications, Legal Alert |
 February 4, 2020
NYSDEC Issues Revised General Permit for Stormwater Discharges from Construction Activity
On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination...read more
Harris Beach PLLC, Attorneys at Law, Discover True Engagement

Contact us

  • Privacy Policy
  • Legal Disclaimer
  • Site Map

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2023 Harris Beach PLLC

Twitter Facebook Linkedin Instagram
Make a Payment
MAke a Payment
TRUSTe
Harris Beach PLLC Discover True Engagement image

Land Use and Zoning

Service

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.

■ All Services

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.

■ People

Javid Afzali

Member
(518) 701-2775
jafzali@harrisbeach.com

Jordan C. Alaimo

Member
(585) 419-8855
jalaimo@harrisbeach.com

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com

Michael E. Condon

Member
(585) 419-8603
mcondon@harrisbeach.com

Keith M. Corbett

Member
(516) 880-8492
kcorbett@harrisbeach.com

Timothy M. Fitzgerald

Member
(585) 419-8967
tfitzgerald@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com

Shawn M. Griffin

Member
(585) 419-8614
sgriffin@harrisbeach.com

Jared A. Kasschau

Member
(516) 880-8106
jkasschau@harrisbeach.com

Gene J. Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com

Patrick M. Malgieri

Counsel
(914) 298-3000
pmalgieri@harrisbeach.com

Sean M. McCabe

Senior Counsel
(585) 419-8571
smccabe@harrisbeach.com

Robert G. Murray

Member
(716) 200-5180
bmurray@harrisbeach.com

Kevin L. Overton

Member
(585) 419-8729
koverton@harrisbeach.com

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Charles (Chip) W. Russell

Member
(585) 419-8635
crussell@harrisbeach.com

Thomas P. Smith

Senior Counsel
(607) 330-7725
tpsmith@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 9:24 am
Cookies
This website uses cookies as specified in our privacy policy. You consent to the use of cookies by clicking accept or by using our site. We do not sell your personal information.
.
Cookie settingsACCEPT
Manage cookies

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT