Skip to content
Zoning and Land Use

Zoning, Land Use, and Municipal Law

Our land use and municipal law attorneys recognize the interconnections between land use law, environmental law (including brownfields redevelopment, environmental permitting, and environmental impact review), renewable energy law, and municipal law, and understand how to meet every unique client’s needs for large and small projects alike.  When necessary, our formidable team of litigators step in. Our attorneys have a long history of successfully challenging (and defending) municipal land use decisions.

In New York City, we guide clients through permitting, proceedings, and appeals before the Department of City Planning, the Board of Standards and Appeals, the Department of Buildings, and the Landmarks Preservation Commission. Our attorneys provide zoning expertise and assist clients with:

  • Variance and special permit applications
  • Zoning text amendments
  • ULURP review
  • Transfer of unused development rights (air rights)
  • Subdivisions and lot line adjustments
  • Landmark designation and permitting

Outside of New York City, our attorneys represent municipalities, individuals, businesses and not-for-profit organizations on a variety of land use issues, including zoning amendments, site plan approvals, subdivision plans, special permits, variances, easements, historical preservation, and landmarks.  We provide zoning expertise for clients assessing the ability of a property to be developed and the siting of projects including:

  • Residential homes, multi-family development, and subdivisions
  • Commercial, retail, and mixed-use projects
  • Infrastructure, telecommunications, and utility projects
  • Renewable energy projects, including community solar generation
  • Marinas and waterfront developments
  • Sports and entertainment facilities

In addition to providing expertise on environmental and land use law, SPR frequently provides counsel to municipal governments, public authorities, and special districts such as school districts, sewer districts, and soil and water conservation districts on a wide range of legal issues including:

  • Code and charter revisions
  • Ethics, conflicts of interest, and public disclosures
  • Freedom of information law and public meetings law
  • Annexation
  • Village incorporation
  • Eminent domain
  • Inter-municipal agreements
  • Site license agreements for renewable energy projects
  • Procurement and contracting
  • Special district formation, operation, and finance
  • Intra-governmental disputes between executives and boards
  • Civil rights and personnel litigation
  • Tort liability

 

Hudson Valley Shakespeare Festival

Location: Garrison, NY

The Hudson Valley Shakespeare Festival (HVSF), a critically acclaimed nonprofit theater organization, has proposed to build a new permanent theater overlooking the Hudson River in Garrison, New York. The project is designed to be the first purpose-built LEED Platinum certified theater in the United States. In 2023 HVSF was awarded a $10 million grant from the New York State Council of the Arts to help build their new theater. SPR is guiding the project through the process of environmental impact review, local land use approvals, a proposed zoning amendment, and review of construction contracts.

Indian Hill Park Conservancy

Location: Bedford, NY

SPR successfully opposed a proposal to construct a new cellular tower in Indian Hill Park that would have required the construction of a half-mile access road through pristine forested parkland and the potential destruction of Native American ceremonial stone landscapes.

Village of Mamaroneck – Ethics Code

Location: Mamaroneck, NY

SPR served as special counsel to the Mayor of the Village of Mamaroneck during a disciplinary hearing to determine whether a member of the Village Planning Board who had been found to have violated the Village Code of Ethics should be removed from her appointed position.  Subsequently, SPR successfully defended the Village Board of Trustees in litigation challenging the constitutionality of the provisions of the Village Code of Ethics that were at issue in the disciplinary hearing.

Hudson Ridge Wellness Center v. Town Board of Town of Cortlandt

Location: Cortlandt, NY

SPR successfully defended an Article 78 challenge to the Town Board's moratorium on certain types of development pending a revision to the Town's Comprehensive Plan. SPR has represented the Town in land use and zoning matters for decades, and has successfully defended numerous other Article 78 petitions seeking to challenge permitting and zoning variance decisions, environmental impact review under SEQRA and similar matters.
placeholder

United Hospital Redevelopment

Location: Port Chester, NY

SPR is special counsel for the Village Board of Trustees of Port Chester in Westchester County, which is lead agency under SEQRA for the proposed redevelopment of the 15-acre former United Hospital site. The project is a large-scale mixed-use development, including residential, commercial, independent and assisted living facilities, and recreational uses. The Firm assisted the Village in the review of the EIS for an initial project and subsequent revisions to the project, the preparation of SEQRA Findings, and site plan and subdivision approval.

“Ethical Considerations in Administrative Law”

For: ABA SEER

Spring Conference 2022 | Presented by Pamela Esterman

“Lands Under Water in NYC: Foundation of Waterfront Development”

For: Fordham Law School

October 2021 | Co-Presented by Michael Bogin and Alexis Saba

“Navigating Urban Waterway Development”

For: Center for Creative Land Recycling

2019 | Presented by Michael Bogin