Defeating Zoning and Building Codes—New York

New information added on February 18, 2008

Email Us “Orthodox Monks Fight Wind Project” - News Brief, PRFA, January 2008 “City of Buffalo Issues Summonses to Banks Holding Mortgages on Abandoned Properties” - News Brief, PRFA, January 2008 “Ministry of Brooklyn’s ‘Green Church’ Is Threatened By Community Preservationists” - News Brief, PRFA, January 2008 “Neighbors Rescue Small Bookstores By Investing In Them” - News Brief, PRFA, January 2008 “Vested Rights Bill Would Stop the Rules from Changing” - Carol W. LaGrasse, News Item, PRFA, February 7, 2008 Municipalities have been adding new rules in response to NIMBY's after applications are filed. The Vested Rights Bill (A6023-A and S3852-A) would put a stop to this unfair practice. “Impact Fees Are Becoming a Popular Tool of Tax-strapped Municipalities” - News Brief, PRFA, Nov. 2007 “Ode to Tackiness” - By Carol W. LaGrasse, March 31, 2005 PRFA’s Successful 11th Annual National Conference on Private Property Rights October 2007 See Also “A Slew of Property Rights Bills Submitted to State Legislature” - By Carol W. LaGrasse (PRFA, June 2006) Bi-partisan bills in the New York State Legislature tackle eminent domain reform, local permit applicant uncertainty, and uniformity of Adirondack regulations with statewide rules, as well as economic impact of Adirondack Park Agency and DEC planning. “Developer Wins $1.6 Million from Brookhaven Because of ‘Taking’ Resulting from Rezoning” -PRFA News Brief, February 2006 Parviz Noghrey wins $1.6 million from Town of Brookhaven after sixteen years of litigation for a rezoning that caused him to lose everything. “Case Law Accumulates Implementing the Religious Land Use and Institutionalized Persons Act” - PRFA News Brief, March 2005 Churches and synagogues are bucking zoning and eminent domain by using the new federal law known as RLUIPA to defend their right to build edifices for worship and religious education and to practice their religion in various locations. “Court Allows Awosting Development at Base of Shawangunk Ridge” - PRFA News Brief, March 10, 2005 New York State Supreme Court, Ulster County, overruled Town of Gardiner zoning board of appeals’ ruling prohibiting central sewage system for the upscale Awosting Reserve plan at the edge of the preservationists’ coveted Shawangunks. “Ellenville Thumbs Its Nose at Freedom of Information Law; Activist Landlord Dies” - Reprinted from N. Y. Property Rights Clearinghouse, Vol. 8, No. 4 (PRFA, Fall 2004) “Zoning Concepts Don’t Seem to Matter in Exclusive Croton-on-Hudson” - PRFA, Summer 2004 In view of the beautiful Hudson River, well-to-do commuters are buying luxury townhouses adjacent to noisy rail yards that look like industrial sites-at prices from $400,000 to over $1.6 million. “Assemblyman Prentiss Introduces Bill to Protect Property Owners from Stealth Rules” - PRFA, Summer 2004 A bill called “The Homeowner’s Detrimental Reliance Act” (A. 10445) introduced into the New York State Legislature would protect building permit applicants from being hit with citations from state and federal agencies that they never heard about after they complied with a local building permit. “Should Synagogues That Do Not Allow Driving on the Sabbath be Required to Provide Parking?” - March 2004 Houses of worship are prospering in Flushing, but residents complain about the parking problem. A proposed New York City zoning rule would require all places of worship to provide parking in line with their largest meeting hall, but Orthodox Jews do not drive on the Sabbath. “Property Rights Legal Foundation Inaugerated” (PRFA, Oct. 18, 2003) Attorney Madeline Sheila Galvin announced at the Seventh Annual Conference on Private Property Rights that the long-envisioned Property Rights Legal Foundation was incorporated in September. The primary purpose of the non-profit organization is “to promote freedom, property rights, civil rights, [and] constitutionally guaranteed rights.” “Property Laws are Callous, Bureaucratic” - By Carol W. LaGrasse, Letter to the Editor, Published in the Post- Star, Glens Falls, N.Y., July 24, 2003 Older women are the victims of property maintenance regulations. It’s not surprising that a Hudson Falls building inspector would abuse his power under such a callous ordinance. “Washline Regulators” - Commentary by Carol W. LaGrasse (Reprinted from New York Property Rights Clearinghouse, Summer 2002) Southampton,Long Island, officials passed rules imposing fines and jail sentences if residents hang their wash up to dry in full view. “Farmers Want Town Board To Reject New Code” by Scott Webber, Reprinted by permission from the Warwick Valley Dispatch, November 7, 2001 “New York Farmers Win Victory under ‘Right to Farm’ Laws” -PRFA Bulletin, October 29, 2001 New York’s highest court exempts farm worker housing from local zoning. Samples of Techniques Used to Oppose Restrictive Land Use Laws: “Dear Neighbor” Letter - By Carol W. LaGrasse, May 20, 2004 This letter was mailed to every household with a Stony Creek address or post office box a few days before the public hearing that the Town Board held about a proposed “Law to Regulate the Storage and Maintenance of Junk Motor Vehicles.” As a result of the letter, the town hall was so packed that all seats were filled and people crowded around the back and sides of the room. Mostly new, more well-to-do people in this small town said that they wanted the law, but the vast majority of the people were offended. Many stated their opposition with eloquence. “My Rules for You” - Poem by Carol W. LaGrasse, May 23,2004 Carol LaGrasse read this poem aloud at the public hearing held by the Stony Creek Town Board for their unwanted proposed “Junk” law designed to control unlicensed vehicles that the people keep for a multitude of reasons. Essential Books & Publications   “How Subsidized Housing Keeps the Poor Down” Book review by Carol W. LaGrasse, April 9, 2005 Review of: America’s Trillion-Dollar Housing Mistake-The Failure of American Housing Policy By Howard Husock (Ivan R. Dee, Chicago 2003) Additional Helpful Organizations Pacific Legal Foundation (litigates important private property rights cases) address & web site C.A.R.Z. (national organization of automobile hobbyists, also helps private property owners against zoning) web site address Additional Resources Positions on Property, Vol 3-No. 2 “New Crimes, New Power: Zoning & Building Codes” (PRFA, May 1996) A Wake-Up Call—Organizing for Success, Proceedings of the Fifth Annual New York Conference on Private Property Rights, edited by Carol W. LaGrasse, Property Rights Foundation of America, Inc. National leaders and experts reveal essentials about reaching your representative, exposing government to the light of day, effective media work, web outreach, cable television, the successful newsletter, keeping a group together, building coalitions, and fund-raising—all in the context of defending freedom. “Local Government Handbook, 2000 - Fifth Ed.” CD ROM digest of N.Y. State zoning law, available free from New York State Department of State (518) 473-3355 www.dos.state.ny.us Committee on Open Government State of New York Department of State Robert J. Freeman, Exec. Dir. Address and website “Town Law Manual - For Town Supervisors and Town Boards” (Rev. 2002) The Association of Towns of the State of New York A well-organized, thorough compendium of law in ordinary language for town officials - everything from town board meetings, fiscal matters, town legislation, town officers, and employees, to sewer and water improvements, fire protection, and the state environmental quality review act. (Non-member price: $10.00) The Association of Towns of the State of New York Address & Web site Houston Property Rights Association www.houston.com address Essential Books & Publications James Bovard, Freedom in Chains (St. Martin’s Press, 1999) James Bovard, Lost Rights (St. Martin’s Press, New York, 1994) Bernard H. Siegan, Property and Freedom—The Constitution, The Courts, and land-Use Regulation (Transaction Publishers, New Brunswick 1997) Bernard H. Siegan, Land Use Without Zoning - (Bartholdi & Lazarus, Houston, 1993)

In-Depth Information “You’re Asking for It” - By Carol W. LaGrasse (PRFA, March 2007) Local government’s disdain for the public, the obstruction of development by local officials, and the willingness of local government to sign away the right of the people to govern locally, while officials assume more power and receive more money, make local government vulnerable to consolidation and regional restructuring. “New York Property Rights Directions”-Speech by Carol W. LaGrasse, Cato Institute Conference-“Property Rights on the March: Where from Here,” December 1, 2006, Washington, D. C. An overview of where property rights stand in New York, what the directions are, and where the work for our cause has been effective: focusing on the battle to keep land in private hands, holding off extreme land-use regulation, the issue of conservation easements, regional preservationist land-use battles, ubiquitous zoning conflicts; and eminent domain. “Zoning Is Not The Answer” - By Carol W. LaGrasse, Speech sponsored by Austerlitz Citizens Together (ACT), Spencertown, New York, May 22, 2006 The other side of rural zoning includes interest-driven preservation grants, unrealistic assumptions about the countryside, formulaistic studies and plans by consultants, and strait jacketing of grandfathered small businesses. Instead, private property rights and freedom should be paramount. “Rules of Engagement”-By Carol W. LaGrasse, President, Property Rights Foundation of America. Speech to the Ninth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 22, 2005) “First of all, fight to win. Set your goals. Speak your issue clearly to be heard by the government and by those who can follow you,” begins Carol LaGrasse’s short, to-the-point summary of the basic, essential rules for grassroots success in defending private property rights at every level. “Property Rights, Trails, & Open Space Preservation” - By Carol W. LaGrasse, Speech to the Comprehensive Planning Advisory Committee, Town of Ballston, June 22, 2005 Private property rights were fundamental to the founders and protected other rights, but a brief chronology shows that U.S. Supreme Court rulings dealing with zoning and open space have both eroded and protected these rights. Trails threaten private property owners with liability and other problems, but reversionary title is protected. “Statement in Opposition to 42-acre Zoning in Town of Queensbury” - By Carol W. LaGrasse, President, Property Rights Foundation of America, Queensbury Town Hall, Queensbury, N. Y., January 10, 2005 The town board proposed radical, dead-end zoning of 42 acres per lot for 22 percent of the land, the same as the strictest zoning in the Adirondack Park. Section 265 of the Town Law provides for a 3/4 vote of the town board if owners of 20 percent of the affected land object. Low-income workers already have difficulty finding housing, according to a 2003 statement about the success of their open space plan by the town’s planner. “Committee on Open Government Assists LaGrasse FOIL Request” - By Carol W. LaGrasse (PRFA, Dec. 29, 2003) Records of citations of rental properties were sought after small landlords in Ellenville complained to PRFA about numerous petty citations. The Village of Ellenville imposed a $300 “administrative fee” in addition to the statutory 25 cents per copy charge. “Property Rights—The Court of Appeals of New York” - By Stuart R. Shamberg, Founder, Shamberg Marwell Hocherman Davis & Hollis, P.C., Seventh Annual New York Conference on Private Property Rights (PRFA, October 18, 2003) In 2002, NY’s Court of Appeals ruled that courts could not substitute their decision for the determination of the local zoning board if there was any evidence in the administrative record to support its decision. Stuart R. Shamberg Photo by Peter J. LaGrasse “NY State Court of Appeals Favors Applicants for Variances” - By Carol W. LaGrasse (Reprinted from New York Property Rights Clearinghouse, Summer 2003) The state’s highest court ruled on July 2, 2003 that it is not necessary for an applicant for a variance to show “practical difficulty” or “unnecessary harship,” because the state law requiring that the benefit to the applicant be weighed against the detriment to the health, safety and welfare of the community, and other factors, preempts local law establishing stricter standards. “Overlapping Jurisdictions Requiring Permits in New York State” - By Carol W. LaGrasse, June 4, 2003 When applying for a local building permit, property owners are unaware of the multiplicity of local, state, and federal agencies potentially having jurisdiction. The tentative list of over 30 agencies in “Overlapping Jurisdictions” shows the urgent need for a State clearinghouse to provide applicants with an official list of potentially jurisdictional agencies. “Overlapping Jurisdictions Hit Home with Couple’s Dream House” - By Carol W. LaGrasse (PRFA, June 2, 2003) The Town of Niskayuna failed to warn a young couple about the Corps of Engineers’ jurisdiction over wetlands. The State of New York desperately needs a central source for information about the numerous overlapping permit requiring agencies. “Rochester Landlords Fight Rezoning—Rezoning Two-family Areas to Single-family will Hurt Landlords and Tenants” — By Carol W. LaGrasse (PRFA, October 1, 2002) Code and crime crackdowns across the large areas of land that are newly zoned to single-family in low- and moderate-income neighborhoods, threaten to cause houses to be “unoccupied” for a time period that triggers the loss of grandfathering of affordable rental units in two-family houses. “The Wall of Cars” — By Carol W. LaGrasse (PRFA, May 2002) Junkyard owner Gene Crandall stacks cars four high for one-quarter mile along his property line, to comply with the Town of Mentz’s order to build a fence. Click to see large photo Photo by Kennard Walter, used by permission “Suburbs Surround 80-Year Old Farmer in Guilderland, New York” — By Carol W. LaGrasse (PRFA, May 22, 2002) William Vojnar’s scruffy 50-year old farm is one of two surviving in this town near the State Capitol of Albany. Officials enforce suburbanites’ distaste for pigs, sheep, odor, and old cars. William Vojnar Photo by Peter J. LaGrasse “How Zoning was Defeated in Wetmore Township” - Featuring recollections by Andy Rakiecki (Reprinted from New York Property Rights Clearinghouse, Vol. 6, No. 1, Spring 2002) Local citizens defending the rural lifestyle in a Pennsylvania town in the area of the Allegheny National Forest used a townwide referendum to get their anti-zoning message across, 399-47. Maggie and Andy Rakiecki “New York State: Eliminate Timber Theft by Restricting Land Use” - By Carol W. LaGrasse (PRFA, March 2002) A model law for environmental regulation of timber harvesting is a prime answer to timber theft, according to the report published last year by the Legislative Commission on Rural Resources. “‘Clearing and Grading Control’ Law Proposed—Town of New Paltz rules would add new layer of restriction” — By Carol W. LaGrasse (PRFA, March 28, 2002) Woods roads, minor site work near wetlands, disturbing undefined “unique” geology, and doing a little grading or cutting around undefined historic spots are some of the excuses for new regulatory hurdles... Watch out before you cut trees that are in somebody else’s scenic view. “Long Warwick Zoning Battle Ends” — By Carol W. LaGrasse (PRFA, February 2002) Farmers give a little in dispute with urban emigres. Town drops key parts of farm preservation plan, including “Purchase of Development Rights” and “Open Space” zoning. Death by Zoning - by Jack Down, President of Citizens Against Repressive Zoning (C.A.R.Z.) (February 4, 2002) Jack Down’s moving summary of the roster of people killed in recent years because of zoning enforcement. “The Planning Board-A Threat to Private Property Rights”-By Carol W. LaGrasse (PRFA, January 2002) Comments on the Public Notice by the Town of Ischua Alleging “Confusion” about Implementation of a Planning Board and Zoning Board. “No Exit—Terrorist Attacks Display Irony of Government Building Inspections—Bare Reality of Protection of Public Health, Safety and Welfare” - Carol W. LaGrasse, reprinted from the New York Property Rights Clearinghouse, Vol. 5 No. 2 (Fall, 2001) “Farmers Have Private Property Rights—What Does This Mean?” - Carol W. LaGrasse, speech sponsored by “Local,” Warwick, N.Y., (PRFA, October 29, 2001) This speech, at the invitation of local farmers and landowners, addresses the combined threat of zoning farmland as “Open Space” while pressuring farmers to sell conservation easements, or PDR’s (Purchase of Development Rights), to preserve the character of the remaining farmland that suburbanites moving into the area enjoy. “Fifteen Questions About Site Plan Review” - Carol W. LaGrasse, May 1, 2000 “Questions Historic District” - By Carol W. LaGrasse, PRFA, Letter to Editor published in Freeman’s Journal, Cooperstown, N.Y., May 7, 1999 Once a building is placed on the National Historic Register, either individually or as part of a Historic District, the state’s Environmental Quality Review Act, SEQRA, mandates that every state and local agency take into account the historic preservation of the building when the agency receives an application for the permit. “Effects of Local Ordinances on Forestry” — Gregory M. DeSylva, from Proceedings of the Third Annual Conference on Private Property Rights (PRFA 1998) In spite of selective harvesting and monitoring logging jobs to see that the environment and private property are protected, this consulting forester found that the forest industry is still “given hell,” with lengthy permits with outrageous restrictions, excessive bonding, DEC-approved loggers, no-cut zones, and other problems. “The Better Way—Defeating and Repealing Zoning, Building Code and Unconstitutional ‘Nuisance’ Rules Before They Affect You Personally” - Carol W. LaGrasse, from Positions on Property, Vol. 3, No. 2, May 1996 “Organizing Against Excessive Zoning” - Thomas A. Miller, Founding Member, Allegany Citizens Rights Committee, Allegany, N.Y., from Proceedings of the Third Annual N.Y. Conf. on Private Property Rights (1998) “Founding A New Municipality” - Gary Vegliante, Mayor, Village of Westhampton Dunes, N.Y.. from Proceedings of the Third Annual N.Y. Conf. on Private Property Rights (1998) “Tactical Advice for Car Owners and Land Owners” - Jack Down, Ph.D., C.A.R.Z., Citizens Against Repressive Zoning, East Lansing, Michigan, from Proceedings of the Third Annual N.Y. Conf. on Private Property Rights (1998) “Surmounting Tourism’s Zoning Hurdles” - James E. Morgan, Attorney, Galvin and Morgan, Delmar, N.Y., from Proceedings of the Fourth Annual N.Y. Conf. on Private Property Rights (1999) “Access to Natural Minerals—A Hard-Won Success Story” - Geraldine Tortorella, Partner, Shamberg Marwell Hocherman Davis & Hollis, P.C., Mount Kisco, N.Y., from Proceedings of the Fourth Annual N.Y. Conf. on Private Property Rights (1999) “Democracy, Property, and Land-Use Regulation” - James S. Burling, Senior Counsel, Pacific Legal Foundation, Sacramento, California, from Proceedings of the Third Annual N.Y. Conf. on Private Property Rights (1998) “A Short Zoning Glossary—Key Rulings” - from Positions on Property, Vol. 3, No. 2, May 1996 “Zoning’s Downside—The Broad Picture Overlooked by the Press” - Carol W. LaGrasse, Address to the National Conference of Editorial Writers, September 20, 1997, Madison, Wisconsin

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