Van DeWater and Van DeWater Poughkeepsie NY Attorneys at Law

In the areas of zoning and planning, Van DeWater and Van DeWater LLP has represented both municipalities and private owners for the greater part of its long history.

The firm regularly provides land use advice to the Hudson Valley towns of Fishkill, LaGrange and Washington in Dutchess County, New York. Legal counsel is provided, as well, to the individual Planning Boards of the Town of Fishkill; Town of LaGrange; Town of Marlborough; Town of Pleasant Valley; and, Town of Kent. We also regularly advise the zoning boards of appeals, zoning administrators, and building inspectors within those same municipalities.

The firm regularly drafts proposed ordinances, local laws, master planning documents, and opinion letters dealing with the areas of zoning and land use planning. Routinely, members of the firm defend municipalities in Article 78 proceedings challenging the determinations of their public boards and officers. The firm has successfully prosecuted zoning violations to conclusion by obtaining injunctions and/or quasi-criminal convictions.

The firm's zoning experience is not limited to representing municipalities. It also has a long history of providing representation to private property owners and developers. In particular, the firm has been successful in procuring subdivision, site plan, special use permits, and variance relief for private clients before municipal boards. These approvals have involved residential, commercial and industrial projects.

The firm has represented several mining projects before both the DEC and local municipal boards. Repeatedly, the firm has handled litigation involving disputes over mining projects, as well as drafting local legislation regulating mining to the full extent of state law.

The firm's extensive experience in the establishment of special improvement districts, particularly in the areas of water and sewer service, proves an invaluable adjunct to assisting both private developers and municipalities in project reviews. In that regard, the firm has often handled negotiations leading to private developer contributions toward the construction of public utility improvements, as a part of review of projects seeking approvals.

The firm is sensitive to assuring that the private sector pays its fair share of expenses incurred by municipalities in review of development projects. Van DeWater and Van DeWater LLP has drafted model legislation providing for the pass-through of municipal consultants' fees to the private sector during the course of project reviews.

The firm is well versed in New York's State Environmental Quality Review Act (SEQRA). It has extensive experience both interpreting and litigating the statute and its regulations. Members of the firm have lectured on these topics at conferences for the Association of Towns for the State of New York in past years.