NYC Considers Zoning Text Amendments for Automated Parking Facilities

Land Use

Automated parking facilities, which are common in Europe and Asia, use robotic technology to park cars in computerized racks without any human interface.  These parking facilities do not require ramps, can hold many more cars than conventional attendant parking facilities, are more efficiently run since cars are retrieved quicker, and eliminate accidents, dents, and dings which are common-place in attendant parking facilities where humans park cars.  In addition, theft and vandalism are eliminated since cars are not accessible to the public.  With automated parking facilities, there is also no idling of engines found within typical attendant parking facilities so the environmental nuisance of exhaust fumes and noise are eliminated.  A few of these garages, in fact, presently exist in New York City. Read the rest of this entry »

Posted by Daniel Braff

Economic Feasibility Outside of the SEQRA Review, and Other Conditions Relating to Municipal Approvals

Land Use

In a Second Department case last year, In the Matter of Kirquel Development, LTD, 96 A.D.3d 754 (2d Dept. 2012), the Planning Board of the Town of Cortlandt approved a SEQRA findings statement and a preliminary subdivision allowing for a 16 lot subdivision, subject to conditions, where the Developer was seeking between 19 and 21 lots. The Developer challenged the SEQRA findings and approval requiring the reduction in the number of lots. The Developer also challenged certain other conditions of the subdivision approval. In challenging the SEQRA determination and the subdivision approval, the Developer argued, among other things, that the Planning Board did not take a “hard look” at the economic feasibility of the project, and that the conditions imposed were arbitrary and capricious and unconstitutional.

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Posted by admin