SEQRA SERIES, PART 7 - Preparing the Final Environmental Impact Statement (FEIS) and the SEQRA Findings

Jul. 19th, 2024 11:00 am

The final steps in the SEQRA process involve preparing the Final Environmental Impact Statement (FEIS) and issuing findings.

SEQRA SERIES, PART 6 - Public Comment Period and Public Hearing

Jun. 28th, 2024 10:00 am

The next steps in the SEQRA process involve opening up SEQRA review for the project/action for public comment on the Draft EIS (DEIS), and then potentially holding a public hearing on it, too.

SEQRA SERIES, PART 5 - Scoping and Preparing the Draft EIS

Jun. 21st, 2024 12:00 pm

The next steps in the SEQRA process involve scoping and preparing the Draft EIS (DEIS). Scoping is an essential step in the SEQRA process, aimed at identifying the significant environmental issues that need to be addressed in the DEIS. This process ensures that the DEIS is concise and focused on significant environmental impacts, avoiding the inclusion of unnecessary or irrelevant information.

SEQRA SERIES, PART 4 - Coordinated Review and Determining Significance

Jun. 14th, 2024 12:00 pm

The next steps in the SEQRA process involve coordinated review of the action amongst involved agencies, and a determination of significance of potential environmental impacts.

SEQRA SERIES, PART 3 - Completing an Environmental Assessment Form (EAF)

Jun. 7th, 2024 11:00 am

The type of Environmental Assessment Form (EAF) required depends on whether the action is classified as Type I, Unlisted, or Type II. This blog provides a guide to understanding and completing the correct EAF depending on the type of project, and whether an EAF needs to be completed at all.

SEQRA SERIES, PART 2 - Classifying the Action

May. 31st, 2024 12:00 pm

SEQRA classifications fall into three categories: Type I, Unlisted, and Type II actions. Each category has specific criteria and implications for the environmental review process. This blog provides a comprehensive guide to understanding these classifications and when they come up.

SEQRA SERIES, PART 1 - What is the Purpose of SEQRA, and When Does it Apply?

May. 17th, 2024 11:00 am

In the realm of New York State environmental regulation, the State Environmental Quality Review Act (SEQRA) stands out as cornerstone legislation. SEQRA mandates that all agencies must evaluate the environmental impacts of the actions they propose or approve. This blog post aims to shed light on the purpose of SEQRA and delve into the types of actions that necessitate SEQRA review.

Historic Preservation Considerations in the Municipal Approval Process

Apr. 15th, 2024 12:00 pm

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.

 

DISCLAIMER: This blog is made available by the lawyer/law firm for educational purposes only. Except as expressly provided to the contrary in a signed writing, all materials provided on this website, including these blogs, are provided on an “as-is” basis without warranties of any kind, either express or implied. It provides only general information and commentary on the law and/or legal issues in the news. Nothing herein provides specific legal advice. These contents may further constitute Attorney Advertising. By using this website you understand, acknowledge, and agree that there is no attorney client relationship between you and the blog, lawyer, or law firm. The blog posts should not be used as a substitute for legal advice from a licensed professional attorney in your state.