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Published April 23, 2026 Author: Albert J. Pirro, Jr. Partner and Director of the Land Use and Zoning Law Department at Abrams Fensterman, LLP |
Land Use and Zoning Attorneys in New York
Land use and zoning attorneys guide development projects through municipal approvals, including variance applications, site plan review, special use permits and environmental review under SEQRA. Abrams Fensterman represents developers, property owners and businesses across New York in approvals, Brownfield redevelopment and land use litigation, led by White Plains partner Albert J. Pirro, Jr.,
Who We Represent
Abrams Fensterman’s land use and zoning attorneys represent private-side clients whose projects depend on discretionary municipal approval:
- Developers pursuing residential, commercial and mixed-use projects
- Property owners seeking variances, permits or a change in permitted use
- Businesses expanding, relocating or altering an existing site
- Owners and purchasers of contaminated or formerly industrial property
- Applicants and objectors in land use litigation following a board decision
Which Approval Does Your Project Need?
A project sponsor facing a discretionary approval needs to know three things: which approval applies, what standard the board must use, and what happens if the board says no. Most New York projects turn on one or more of the following:
- Area Variance. Relief from a dimensional or physical requirement such as setback, height, lot coverage, lot width or density.
- Use variance. Authorization to use land for a purpose the zoning district does not permit.
- Special use permit. se permit. Approval of a use the zoning already contemplated in that district, conditioned on stated criteria being satisfied.
- Site plan approval. Review of layout, access, drainage, parking, lighting and landscaping for a use that is already permitted.
- Subdivision approval. Division of a parcel into lots, reviewed by the planning board.
- Rezoning or a zoning text amendment. A legislative change to the district or to the code itself, decided by the governing board rather than by a zoning board of appeals.
The distinction matters because the standards differ. A special use permit starts from the premise that the use is compatible with the district, and the applicant must show compliance with the code’s conditions. A use variance starts from the opposite premise, and the applicant carries a demanding statutory burden.
Representative Development Projects
Our attorneys have represented businesses, property owners and developers in every aspect of the land use process, including:
Land Use Counsel for Municipalities
We also represent local governments throughout the land use process, advising municipalities and boards on zoning, regulatory matters, and the drafting of local laws and environmental legislation. Our attorneys also defend local determinations and counsel municipalities on related labor, employment, and other legal matters. This work is part of the firm’s Municipal Law Practice, led by Executive Partner Robert A. Spolzino.
Why Developers Choose Abrams Fensterman
Founded in 2000, Abrams Fensterman has grown to a firm of attorneys across five New York offices in Lake Success, Brooklyn, White Plains, Rochester and Albany. Three things distinguish the land use and zoning practice.
First, the practice sits on both sides of the table. Attorneys who advise municipalities understand how boards evaluate an application, and applicants benefit from that perspective.
Second, approvals and litigation are handled by the same team. A record built with an eventual Article 78 proceeding in mind is a stronger record at the hearing, and a project that does end up in court is defended by attorneys who were present when the record was made.
Third, land use rarely arrives alone. Access to the firm’s real estate, litigation, corporate and municipal capabilities means a project does not stall while outside counsel is retained for the next issue.
Land Use and Zoning Counsel
For further information about land use and zoning, please contact our law firm to schedule an initial consultation.
516-328-2300
718-215-5300
914-607-7010
585-218-9999
518-535-9477
Frequently Asked Questions
What is the difference between a use variance and an area variance?
A use variance authorizes a use the zoning district does not permit, and requires proof of unnecessary hardship under a four-part statutory test. An area variance provides relief from a dimensional requirement such as setback or height, and is decided by weighing benefit to the applicant against detriment to the community.
How long do I have to appeal a zoning board decision in New York?
A proceeding under Article 78 challenging a zoning board of appeals determination must generally be commenced within thirty days after the decision is filed with the town or village clerk. Because boards file decisions within five business days of rendering them, the practical window is often shorter than applicants expect.
Does every development project require SEQRA review?
No. Actions listed as Type II under 6 NYCRR § 617.5, or on an agency’s local Type II list, are predetermined not to have a significant adverse environmental impact, and SEQRA review concludes on classification. Type I and Unlisted actions require a determination of significance and may require an environmental impact statement.
What does a Brownfield Certificate of Completion provide?
A Certificate of Completion issued under ECL § 27-1419 confirms the Department of Environmental Conservation is satisfied that remediation requirements were met. It carries a liability limitation under ECL § 27-1421 that runs with the land to successors and developers, and it can make the site eligible for tax credits under Tax Law Sections 21, 22 and 23.
Can a zoning board deny a variance even if I meet the criteria?
Boards retain discretion, and both variance standards require the board to grant only the minimum relief necessary. A denial supported by a rational basis and substantial evidence in the record will generally be sustained on review, which is why the evidence presented at the hearing usually determines the outcome.
