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Edwina C. Schleider, one of the Partners at Meggesto, Crossett & Valerino, LLP, has been handling zoning and planning matters in Central New York on behalf of home owners, neighborhood groups, and professional land developers for 20 years. She has been instrumental in creating large residential subdivisions consisting of over 400 acres with numerous homes, obtaining approvals for construction of shopping centers, and zone changes with controlled site plan approvals to allow apartment complexes to be built. As part of that work she has been involved in initial planning stages, meetings with neighborhood groups and their counsel to ensure that public opposition is minimized before a public hearing on a project. She is well versed in working with applicants and their architects and engineers and surveyors to create an efficient team effort capable making a complete and comprehensive presentation before the town board. She also knows how to help coordinate the various agencies throughout the county to ensure that the approval process for a project will be completed in a timely manner in the most efficient way possible.
Ms. Schleider has also represented home owners who live adjacent to or may be affected by proposed development sites. Just because a developer wants to build a project doesn’t mean it will happen automatically. In these types of situations Ms. Schleider will meet with a representative of the neighborhood group and appear at the local board meetings to speak and make sure that their needs and concerns are taken seriously. Sometimes this results in a project not proceeding or sometimes the neighbors concerns are incorporated into a modified plan that minimizes any negative consequences to the properties and existing owners in the vicinity. Nursing Homes and Skiing Facilities have revamped their entire proposals to respond to the neighborhood concerns raised by Ms. Schleider. Fitness Facilities have been required to redesign their parking lots and lighting systems so as not to unreasonably interfere with adjoining neighbors use of their homes.
ZONING LAWS ARE NOT JUST FOR BIG PROJECTS.
Almost every town in New York State has zoning regulations that affect how a particular piece of real property can be used. One of the most common misconceptions people have is that if they own a piece of property no one can tell them what they can or cannot do with the land. Nothing could be further from the truth. Most Municipalities in Central New York have a Town Board, Planning Board and a Zoning Board of Appeals to decide how land can be developed and used.
Zoning Laws apply and control what you do with land regardless of how small and unimportant you think your project is. Whether you want to put a pool, fence, addition or shed at your house; build an in-law apartment in your residence; buy a house intending to operate a business while you live there; or sell your neighbor a piece of your property so they can have more land – YOU NEED TO GET APPROVAL FROM THE MUNICIPALITY YOU LIVE IN. Failure to do so can result in you being cited for a violation and then you’ll have to not only try to get the approvals "after the fact", risk having to take down whatever improvements you made, but you’ll also have to go to criminal court and tell the judge why you didn’t do what you were obligated by law to do.
Just because you can talk to someone in your local municipality codes enforcement or building permit office and they give you forms to make your own application, it is a good idea to have an attorney help you with filling out those forms and making a presentation to the Town Board, Planning Board and/or Zoning Board of Appeals. Even though the process might not seem as intimidating and formal as a going to the Courthouse, a decision by any of these local boards has a binding effect and can only be overturned or changed after a costly and time consuming Article 78 proceeding that must be brought in New York State Supreme Court within 30 days of the decision against you.
People all too frequently think that zoning and land use matters are "easy" and that they don’t need a lawyer. Don’t make a critical mistake and try and handle your own by yourself unless you are prepared to be content if your application is denied or to spend a lot of valuable time and financial resources to hire a lawyer to act quickly after you have been denied. Use a qualified professional to work with you on these types of administrative or quasi-judicial matters, just like you would if you had to go to Court.
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Edwina C. Schleider