ZONING AND LAND USE PRACTICE

SAHN WARD & BAKER's zoning and land use practice is one of the most sophisticated on Long Island.The Firm's practice draws on the talents, knowledge and years of experience of our attorneys in both the private and the public sectors. We represent clients in complex matters that involve many of the Firm's related practice areas, including real estate and environmental law, corporate transactions, municipal law, legislative practice, and condemnation.

Our zoning and land use clients include Fortune 500 companies, well known national and regional businesses, real estate developers, government agencies and individual property owners. The Firm represents many local and national owners of franchise businesses in zoning and land use matters, as well as major national, regional and local retailers and businesses. The Firm has also represented not-for-profit entities including religious institutions and charitable organizations.

The Firm's zoning and land use practice includes representing clients in proceedings for a wide variety of administrative and legislative approvals, including subdivisions, zoning changes, use permits and special exceptions, variance applications, landmark proceedings, condemnation proceedings and economic development.

Our interdisciplinary approach also involves representing clients in real estate transactions associated with zoning and land use applications and the litigation that results on occasion from such applications. As with all of our practice areas, our attorneys work as a team to accomplish the client's goals in a timely and cost-effective manner.

Our attorneys appear regularly before county, town and village planning commissions and boards, zoning boards of appeal and other municipal agencies that have jurisdiction throughout Long Island regarding land use matters.

The following matters are representative of the types of cases and projects Sahn Ward & Baker handles for our clients:

Representation of Westfield Corporation, the largest retail property group in the world, in the multi-million dollar renovation and re-development of The Westfield Sunrise Mall in Massapequa. Plans for the renovation include major interior alterations, a new exterior facade, new signage to identify the mall and additions to the mall buildings.

Representation of a regional property owner in the redevelopment of the former Saks Fifth Avenue department store on Franklin Avenue in Garden City to obtain permits and zoning approvals for a major renovation of the building in order to convert it to a multi-use building that will include a health club and fitness center, retail stores, a restaurant and professional office space.

Representation of Commerce Bank to obtain all necessary permits and variances to open a new branch intros Heights. In this project, the Firm’s attorneys worked with Town officials to ensure that construction could begin on a timely basis and met with civic leaders and adjacent business owners to address their concerns regarding the proposal.

Representation of APW Supermarkets, Inc., a subsidiary of the Great Atlantic & Pacific Tea Co., in connection with the expansion and addition to the Waldbaum’s supermarket in the Baldwin Harbor Shopping Center, in the Town of Hempstead

Representation of Exxon Mobil Corporation to obtain rezoning and site plan approval from the Town Board and the Planning Board of the Town of Brookhaven for the construction of a new service station facility and a colonial-style convenience store in Manorville at the intersection of Eastport Manor Road and the Long Island Expressway. Due to the unique characteristics of the site and the Town’s code requirements, this project involved a creative and complex combination of approvals. This site is one of the most prominent locations for the client, given that its location is the “gateway” to the Hamptons.

Representation of the owner of a 40 acre parcel of land in the Village of Old Westbury to obtain all necessary approvals for the land to be subdivided into a luxury, single family residential development. Challenging issues on this project included pre-existing covenants and restrictions on development, incorporating a scenic pond and wetland areas, review and approval of the project under the State Environmental Quality Review Act (SEQRA) and the coordination of review by local, state and federal agencies.

Representation of a supermarket chain owner in a court proceeding that annulled the rezoning of 19 acres of waterfront property in the village of Great Neck, including 2.4 acres owned by a regional supermarket The Village had rezoned the property from an industrial zoning district to a residential zoning district The rezoning had prevented our client from using or selling a 25,000 square foot former supermarket building on its property for continued commercial use. The Court agreed with our argument that village had not conducted proper environmental studies and, accordingly, awarded the rezoning.

Representation of a religious institution in the Town of North Hempstead in applications to approve important renovations and additions to the institution’s facilities and building. The applications for the approvals involved an extensive series of hearings and the resolution of complex land use issues.

Representation of various franchise businesses including Panera Bread, Quizno’s Subs, Baja Fresh Mexican Grill, Applebee’s Restaurant, Rita’s Water Ices, Famous Dave’s BBQ, Coldstone Creamery and others in obtaining zoning and land use approvals throughout Nassau and Suffolk counties.