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In the realm of municipal planning, the concept of a Planned Development District (PDD) represents a shift in land-use control that departs from traditional zoning regulations. A PDD is a designated area where a mix of residential, commercial, and industrial uses can coexist under specific guidelines aimed at achieving efficient and compatible land use aligned with a community's comprehensive plan.

When navigating the intersection of municipal development and historic preservation, understanding the role of a Historic Preservation Board (HPB) becomes essential. These boards play a critical role in maintaining the architectural integrity and historical significance of properties within municipalities. Their involvement is required in a variety of circumstances, from individual property modifications to broader community development initiatives.

Importance of a Historic Preservation Board

HPBs extend their influence beyond merely vetting alterations to individual historic properties. Their oversight encompasses the entirety of historic districts, ensuring that new developments, renovations, and even demolition projects align with established historic preservation standards. This holistic approach is vital in maintaining the character and integrity of neighborhoods steeped in history.

When a Historic Preservation Board May Step In

For homeowners wishing to build or alter structures on their property, approval from the municipality's HPB is required if the property falls within a historic district and the construction is visible from the public right of way. This includes any exterior modifications visible from the street, such as adding windows, altering facades, or constructing additions. The municipality’s HPB would evaluate these changes for their impact on the historic character of the property and the surrounding area.

Large scale development projects have similar requirements. In these situations, the HPB’s role is to ensure that new developments respect the historical context and fabric of the area, which may influence zoning or planning decisions to protect historic assets.

Obtaining Approval from an HPB

When property owners and developers are seeking approval from a municipality’s planning and zoning board(s), historic preservation concerns may arise. A planning and zoning board(s) may either refer the application to the municipality’s HPB or may advise the applicant to approach the HPB itself. Applicants are often required to demonstrate, through presenting detailed plans, how their proposed changes contribute to the preservation of the property's historic value. An applicant will also need to demonstrate how the construction or alterations do not take away from the historic character of the district. If satisfied, a HPB may issue a Certificate of Appropriateness (or a similar instrument) which confirms that the construction or alterations do not offend the historic interests of the district.

Relation to Zoning and Environmental Issues

The involvement of HPBs often intersects with zoning laws and environmental regulations. For instance, zoning adjustments may be required to accommodate the preservation of historic structures, or environmental assessments may need to account for the impact on historically significant landscapes. The preservation process can thus influence and be influenced by broader municipal planning and development policies.

Challenges and Opportunities

While the work of HPBs is essential in preserving a municipality’s historic heritage, it is not without its challenges. Balancing the needs for preservation with demands for development and modernization requires nuanced decision-making. Furthermore, the financial implications of preservation, including funding for maintenance and restoration, can be significant. However, these challenges also present opportunities for innovation, such as adaptive reuse projects that repurpose historic buildings for new uses, breathing new life into old structures while retaining their historical significance.

Conclusion

HPBs play a pivotal role in balancing development with the conservation of historical heritage. Their approval is crucial for property owners looking to alter historic landmarks and for developers planning projects that impacts historic sites. This process ensures that growth and change within a historic district respects and preserves its historical and cultural significance, often intertwining with zoning and environmental considerations to promote sustainable development that honors the past.

If you have questions about historic preservation or need assistance navigating municipal approval processes as a property owner or developer, contact the attorneys at The Zoghlin Group for help. For inquiries related to, Historic Preservation, Land Use and Zoning, and Municipal Law, please contact Mindy Zoghlin, Esq., Jacob Zoghlin, Esq., or Ryan Ockenden, Esq.

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When discussing property rights and government actions, terms like eminent domain and condemnation often come to mind. But what happens when private property is taken outside an eminent domain proceeding? That illustrates the lesser-known concept of inverse condemnation. In this blog post, we'll delve into what inverse condemnation entails, how it differs from eminent domain, examples of its application, and the remedies available.

Dealing with environmental contamination can be a challenge for property owners, often resulting in costly cleanup liabilities. When contamination occurs, a cost recovery action may be initiated to address the issue and to ensure that responsible parties ultimately bear the financial burden of remediation. Understanding how these actions proceed and what steps property owners can take to limit their liabilities is crucial in returning a contaminated property to its proper condition for future development or conservation.

Like the sunrise every morning, one thing is certain: there will always be people displeased with a municipal board’s decision-making. If a legal challenge to a municipal board decision happens, the administrative record that the board created for that decision is critically important.

Today, the resolution of legal disputes — especially those involving land use and environmental laws, municipal decision-making, and community development projects impacting communities — often lead parties towards the courtroom.

New York State is home to diverse communities, each with its unique charm and character. Sometimes, development projects come knocking at our doors, bringing change that can disrupt our environment, neighborhoods, and way of life.

New York’s State Environmental Quality Review Act (SEQRA) ensures that any state or local governmental decisions which may impact the environment are given due consideration. It’s a law that touches on various aspects of community life, from new construction to the adoption of land use plans. But what exactly triggers a Type I action under SEQRA? Let’s delve into this topic to uncover the significance of these actions and how they could affect you and your community.

In a progressive move towards streamlining the civil litigation process, New York State Governor Hochul recently signed into law bills that amend the New York Civil Practice Law & Rules (CPLR) Section 2106, marking a pivotal shift in the procedural dynamics of civil litigation. Effective from January 1, 2024, the amendments apply to both ongoing and future actions, aiming to remove bureaucratic hurdles that have traditionally impeded the swift progression of legal processes.

In an historic move, New York City is setting the stage for transformative change through comprehensive zoning reforms, collectively known as the “City of Yes” initiative.[1] This approach aims to address some of the city’s most pressing issues, including the housing crisis, the need for sustainable development, and the aspiration for a city-wide economic revitalization. This blog takes a look at the three cornerstone changes that are poised to reshape the city, while addressing necessary future considerations.

Upstate New York has the opportunity to enter a technological renaissance. In late October, the federal government, authorized by the CHIPS and Science Act, designated Syracuse, Rochester, and Buffalo as a national tech hub for computer chip manufacturing (NY SMART I-Corridor), and the Southern Tier for battery technologies and the energy storage sector (New Energy New York).

The U.S. Environmental Protection Agency (EPA) is taking significant strides in addressing environmental and public health disparities across communities with its commitment to Environmental Justice (EJ) programs. In New York, these initiatives are receiving a substantial boost, with over $61 million in funding earmarked for projects that aim to empower and protect underserved communities. Let’s delve into what these programs entail, how they are funded, and the transformative impact they can have on New Yorkers.

Are you part of a homeowners’ association (HOA) and considering the adoption of clean, renewable energy? Going solar as an HOA or as a homeowner within an HOA may be the right choice for you. As the world increasingly prioritizes sustainable energy solutions, HOAs are also looking to harness the power of the sun.

In a landmark decision, the Ninth Circuit recently struck down Berkeley, California’s ambitious natural gas ban. The ruling sent shockwaves through the nation as it rekindled the debate over the role of natural gas in our country’s energy future. This decision has far-reaching implications for both environmentalists and the energy industry, shedding light on the complexities of balancing climate goals with practical energy needs.

When it comes to protecting New York State’s environment, the New York State Department of Environmental Conservation (DEC) is at the forefront. The enforcement of the state’s Environmental Conservation Law (ECL) is a complex process, and understanding its intricacies is crucial, especially if you find yourself involved in an environmental compliance matter.

Major changes have come to the New York State Cannabis market. On September 12, 2023, the New York State Cannabis Control Board — which is the State body responsible for regulating the adult-use, medical, and cannabinoid hemp industries in New York — met to consider Revised Adult-Use Cannabis Regulations, the Adult-Use Cannabis Application, the Cannabis Research License Application, the Cannabis Laboratory Testing Permits, among other things. This blog will highlight some of the most significant developments from the meeting.

The Zoghlin Group PLLC is pleased to congratulate Partner Jacob H. Zoghlin, Esq., on his receipt of the “Best Lawyers: Ones to Watch in America” award in 2023.

The Zoghlin Group PLLC is pleased to congratulate Senior Partner Mindy L. Zoghlin for her inclusion on Super Lawyer’s list of Top Attorneys for 2023. The Zoghlin Group is also happy to congratulate Partner Jacob H. Zoghlin for his inclusion on Super Lawyers’ list of Rising Stars for 2023.

The landscape of short-term rentals in New York City is ever-changing, with a recent court decision adding another chapter to its evolving story. The New York State Supreme Court, in its landmark decision in “Airbnb Inc. v. New York City Mayor’s Office of Special Enforcement, New York County Index Number 154865/2023”, dismissed a lawsuit brought by Airbnb and short-term rental hosts against the city’s regulations on such accommodations.

Constitutional rights form the backbone of our legal system. When these rights intersect with environmental concerns, the legal landscape becomes particularly intriguing. One such instance recently played out in Montana, offering insights and raising questions about similar provisions in state constitutions across the country, including New York State.

Effective January 1, 2022, New York State enacted a new constitutional amendment, known as the Green Amendment, or the Environmental Rights Amendment. Embedded within the New York State Constitution at Article I, Section 19, the Amendment assures each individual’s right to clean air, clean water, and a healthful environment. This significant constitutional change has drawn much attention, and it’s critical for residents, businesses, and government actors alike to understand what this amendment entails and how it might affect their interactions with the environment.