This article is part of the Spring/Summer 2011 Newsletter.

Matters of Interest at the Firm

     Chris Coschignano and John Farrell successfully represented the owners of Five Guys Burgers and Fries franchise outlets in obtaining land use approvals and permits for two new restaurants in Garden City Park and in Carle Place. We anticipate many more Five Guys’ locations in the near future, as this is a highly rated restaurant chain, and enjoys increasing popularity.    

     The Firm’s Litigation Department continues to expand under Jon A. Ward's supervision and leadership. In recent months, the Firm has handled highly complex commercial matters involving cutting edge areas of the law, which include, a potential class action lawsuit, which involves arbitration issues under the Federal Arbitration Act that have been the subject of recent rulings by the United States Supreme Court; securities litigation implicating breach of fiduciary duty claims involving creditors; federal Fair Labor Standards Act and New York Labor Law claims; partnership disputes regarding voting agreements; construction law and lateral support; complex mortgage foreclosures and environmental contamination.

     The Firm is pleased to have served as Special Counsel to the City of Glen Cove in the adoption of extensive amendments to the City Code relating to zoning and land use planning in order to implement the City’s new Master Plan. Michael Sahn and Jason Horowitz have taken the lead in this project, in addition to their usual role in representing the City’s Planning Board and Board of Appeals. The City Council adopted the Master Plan detailing land use and planning goals and recommendations for various neighborhoods and districts throughout the City. Newly revised standards regarding such matters as yard setbacks, lot lines, lot frontage, garage spaces, building height, minimum lot area and hillside protection have now been implemented to protect the character of the City and address land use concerns identified in the Master Plan. We are pleased to continue to be involved with the City’s forward-thinking leaders as the City prepares for its future.

     The Firm is also pleased to serve as Special Counsel to the Village of East Hills in the adoption of amendments to the Village Code relating to new zoning and land use planning for the former site of the Pall Corporation, which is located on Northern Boulevard. Steel Equities, a Long Island-based developer, plans to redevelop the site as a business and medical office building to be known as the East Hills Business Park. Michael Sahn and Jason Horowitz have worked closely with the Village’s Mayor and Board of Trustees, the Village’s land use planning and environmental consultants, and the developer’s counsel and consultants in this complex project.

     Daniel Braff is serving as land use and zoning counsel on numerous projects in New York City, including two projects that will require variances from the New York City Board of Standards and Appeals. The first project involves approvals for a new mixed-use building on the Lower East Side of Manhattan and the other involves approvals for a new church facility in Queens.

     The Firm is also pleased to serve as developers’ counsel on two substantial waterfront development projects on the north shore of Long Island. Chris Coschignano serves as counsel to the developer of the Land’s End property in the Village of Sands Point, and Michael Sahn is counsel to Thypin Steel for its property in the Village of Manorhaven. We look forward to a successful outcome on these matters.

     Michael Sahn successfully represented The Church of Jesus Christ of Latter-day Saints before the Mineola Village Board of Trustees and secured special permit approval to allow the renovation of the former Salvation Army Building at 111 Willis Avenue. The Church proposed to renovate the interior of the building by constructing a new chapel and study rooms for religious instruction.

     Michael Sahn and Chris Coschignano are representing the Firm’s clients in connection with financing transactions involving assistance from the Nassau County Industrial Development Agency. These are significant projects in Port Washington and Carle Place that have a great economic benefit for the clients as well as Nassau County.

333 Earle Ovington Boulevard Uniondale, New York 11553

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Table of Contents

Cover Page

New Developments at the Firm

Developments in the Law

Completion of Vested Building Projects in New York City

When it is Proper to impose a "Recreation Fee" as a Condition
to Site Plan Approval for Residential Development

Matters of Interest at the Firm

Out & About

Up Close & Personal

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Firm Partners

Michael H. Sahn
msahn@swcblaw.com

Jon A. Ward
jward@swcblaw.com

Chris J. Coshignano
ccoshignano@swcblaw.com

Daniel J. Baker
dbaker@swcblaw.com

 Kenneth Auerbach
kauerbach@swcblaw.com

Miriam E. Villani
mvillani@swcblaw.com

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