Land Use & Zoning
The firm’s members regularly represent clients before state and local administrative agencies, navigating through the obstacles of regulatory approvals and asserting the rights of property owners in the face of increased governmental regulation. The firm is regularly engaged in matters of site acquisition, both residential and commercial. The firm has created an extensive body of law placing limits on the exercise of governmental authority. The firm regularly handles matters involving unconstitutional "takings" of property rights, challenging illegal impact fees and zoning regulations, asserting civil rights claims, and challenging the illegal exercise of governmental authority. Many are landmark legal cases that have created important legal precedent with an impact on a regional and national level. We have extensive experience in the environmental review of development projects and represent clients in connection with zoning and subdivision approvals. The firm’s members regularly appear before zoning boards, municipalities and land use agencies in connection with applications for special permits, subdivision approval, variances, zoning text and amendments, and other administrative actions required by development projects.The firm has extensive experience representing clients on a range of large and small scale commercial, industrial and residential development projects throughout Westchester, Putnam, Dutchess and Orange Counties. A few Commercial and Residential projects handled by the firm’s attorneys within the last few years include:

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Commercial

  • 49,300 square foot A&P Sav-A-Center in the Triangle Shopping Center in Yorktown for The Great Atlantic & Pacific Tea Company, Inc.
  • 218,000 square foot Baldwin Place Shopping Center in Somers for Big V Supermarkets, Inc. and the successor developer Columbia Companies
  • Redevelopment of 242,000 square foot Manufacturer’s Outlet Center in Mt. Kisco for George Comfort & Sons, Inc.
  • 40,000 square foot retail project in Whitehall Corners in Somers for Goldmark 35 Associates
  • A&P Future Store in the Fishkill Shopping Center
  • 400,000 square foot combined retail and multiplex theater facility on 100 acres in Yonkers for Morris Industrial Builders
  • Wholesale/retail space in the Orange Plaza Mall in Walkill for a Home Depot
  • 150,000 square foot commercial office and retail facility in Westbury, Long Island for BJ’s Wholesale Club and 14 screen multiplex theater
  • 24-hour Mobil convenience store/gas station in Mt. Kisco and Pleasantville
  • 5,000 square foot convenience store in Pine Island, Orange County
  • Roy Rogers fast food restaurant in Mount Pleasant
  • 20,160 square foot automobile showroom for Toyota North in Mt. Kisco
  • 20,000 square foot commercial office for Curtis Instruments’ corporate headquarters in Mt. Kisco
  • 27,500 square foot light industrial/retail building in Katonah for Northern Westchester Builders, Inc.
  • Three-lot subdivision for 60,000 square foot light industrial in Katonah for Northern Westchester Builders, Inc.
  • Renovation of the Saw Mill River Club in Bedford and Mt. Kisco
  • 5,000 square foot delicatessens in Millwood and Mt. Kisco
  • 50,000 square foot local distribution warehouse facility for Frito Lay in Mt. Kisco
  • 30,000 square foot addition in Westwood Chemical Company in Walkill for offices and warehousing
  • 15,000 square foot corporate office building in Goshen
  • Enlargement of facility and Education Center (zoning and development issues) for Caramoor Center for Music and the Arts
  • Development and zoning for supermarkets of The Stop & Shop Company (an AHOLD company) in Airmont, Yonkers, Pleasantville, and Somers, NY

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Residential

  • Radio Terrace Senior Citizen Affordable Housing Project, Town of Cortlandt, NY
  • Hartz Mountain/Irvington Manor 69 unit residential development in Irvington, NY
  • Twin Lake Farm zoning, planning and environmental residential development of 17 lots in Bedford, NY
  • Carmel Club at Lake MacGregor, 237 unit residential project including rezoning and development
  • Development and zoning approvals for Chapel Hill in Peekskill, NY
  • Zoning and planning approvals for 130 unit rental housing project in Bronxville, NY
  • Glickenhaus-Doynow Development of 19-lot subdivision in Bedford, NY
  • Zoning, planning and environmental approvals for Fieldpoint a major attached and detached housing project in Irvington, NY
  • Presbyterian Church of Mt. Kisco, site plan and development of 80-unit senior housing facility in Somers, NY
  • Northern Westchester Builders development and zoning for 12-lot residential project at the Mianus Overlook in Bedford, NY
  • Zoning and planning approvals for the Rockefeller Family Interests in Sleepy Hollow and Mount Pleasant
  • 100-unit development in Town of Carmel adjacent to Centennial Golf Club for Carmarda Development
  • The firm has also represented major financial institutions and multinational corporations in workouts and development; regional developers; school districts; title insurance companies; not-for-profit entities; religious organizations and individuals in a wide array of real estate, land use and environmental issues and projects. We invite you to speak with anyone of the firms members on your specific land use/zoning matter. Email: smdh@smdhlaw.com

We invite you to view our recent “New Matters” section below.


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