Aiken v. Town of Moreau Zoning Board of Appeals, Index No. 20142887, Sup. Ct. Saratoga County http://jackle.bo/1VHgY2U
Jun 12, 2015
OUTCOME: Decision of the Zoning Board upheld. Lebowitz also represented intervenor neighbor in the original matter before the Town Zoning Board
Successfully represented intervenor-homeowner respondent in neighbor's CPLR "Article 78" challenge to Town Zoning Board of Appeals denying its application to conduct a dog grooming business as a "home ...occupation" with a special use permit under the Town Zoning Law.
Environmental and natural resources
Mackay v. NYS Dep't of Environmental Conservation et ano. (Sup. Ct., Albany County, Lynch, J. 2008) http://jackle.bo/Vc9MKL
Apr 22, 2008
OUTCOME: The County respondents prevailed in both challenges and Court selected me as lead counsel in DEC challenge even though the state Attorney General was the primary Respondent.
Defended Saratoga County as Special Counsel in two Article 78 challenges to the County SEQR environmental review and DEC Water Supply permits for proposed $78 Million water supply system and 28 mile pi...peline to serve communities and new GlobalFoundries semiconductor plant in State Supreme Court (Lynch, J.), including defense against a preliminary injunction sought by the Petitioner. Full text: http://bit.ly/Vc9MKL
Land use and zoning
Mackay v. Saratoga County, (Sup. Ct., Saratoga County, Nolan, J., 2007) http://jackle.bo/1wJLq07
May 18, 2007
OUTCOME: Decision of Respondent County who I represented as Special Counsel upheld on SEQRA and lack of Petitioner's "standing" grounds.
First action by landowner against Luther Forest PDD rezoning (GlobalFoundries site in Malta);
Environmental and natural resources
Flacke v. Wood et al. (Sup. Ct., Warren County, 2006) http://jackle.bo/XrkaRv
Jun 26, 2006
OUTCOME: Article 78 petition of neighbors completely dismissed, Hotel, first new lodging built in Lake George in several decades, was built and operating in 2007
Represented developer of new Wingate Hotel on Route 9N in Lake George against neighbor challenge to Town Site Plan and other approvals; neighbors included former Commissioner of NYS DEC, Robert Flacke ...and his family. Also handled permitting and APA jurisdictional challenge on wetlands, stream protection and archaeological significance (Historic Register eligibility) issues instigated by neighbors. Full text of unpublished trial court opinion (Krogman, J.; not appealed): http://bit.ly/XrkaRv
Administrative law
Saratoga County Water Supply and Transmission System - NYS DEC Article 15 Water Supply and SEQR permitting
Jun 01, 2006
OUTCOME: County approvals and DEC permits granted.
Environmental counsel for new water supply system for Saratoga County, gaining SEQR environmental review approvals and DEC permits for a new $75 Million water supply system and 27 mile backbone transmi...ssion line to serve many towns within the County and the new Luther Forest Technology Campus, where GlobalFoundaries has built a semiconductor manufacturing plant, "Fab 8".
Land use and zoning
Luther Forest Tech. Campus - PDD rezoning for 1,400 acre greenfield site for semiconductor manufacturing (GlobalFoundries)
Jul 01, 2004
OUTCOME: All required approvals for long range master plan, PDD regulations and permits granted, including related access road and utility infrastructure. GlobalFoundries "chip" fab Project in Malta constructed and operational in 2012.
Lead environmental counsel for the rezoning of the 1,400 acre Luther Forest Technology Campus in the Towns of Malta and Stillwater near Albany, NY, where GlobalFoundries has located its "Fab 8", invest...ing more than $7 Billion dollars in the largest manufacturing plant construction project from 2010-12 in North America.
Handled SEQR Environmental Impact Statement review, enacting complimentary PDD laws in two towns to implement a 20 year master development plan for the site and was co-counsel with National Grid before NYS PSC for construction/operation approvals of two new related 115 kV high-voltage overhead electric power transmission lines, new site access road from interstate and proposed future interstate highway exit (I-87, Ex. 11A) and County Water System referenced in case above.
Developed conceptual master plan for greenfield site and helped to overcome substantial public and local official public opposition to PDD rezoning in both towns from "NIMBY" groups and planning boards. Led local zoning feasibility consultation effort with prospective project tenant (Intel Corporation) and semiconductor siting consultants (Abbie Gregg, Inc.).
Environmental and natural resources
Six Flags Great Escape Theme Park Expansion EIS
Jun 01, 2000
OUTCOME: Planning Board approved EISs and conceptual approvals and community groups did not challenge permits
Coordinated environmental review for expansion of theme park including generic approvals for future attractions within the established theme park, electric power upgrades, pedestrian overpass over stat...e highway, archaeological mitigation and audible noise issues and conceptual future siting of hotel. Three community groups opposed to expansion over noise, and NYDOT over traffic mitigation.
Environmental and natural resources
Peo. v. Geel, 180 Misc 2d 272 (1999) http://jackle.bo/Txyeew
Mar 17, 1999
OUTCOME: Local noise ordinance held unconstitutional and struck down. Criminal complaint dismissed.
Supreme Court case striking down, as unconstitutionally vague, attempted application of Town noise ordinance to nighttime deliveries and operations of LNG storage facility approved in Supkis case. Ful...l text: http://bit.ly/Txyeew
Environmental and natural resources
Matter of Supkis v. Planning Board, 227 AD2d 779 (Third Dept 1996) http://jackle.bo/XBluOS
May 09, 1996
OUTCOME: Use variance and SEQR "negative declaration" upheld by mid-level State Appeals court
Upholding use variance for LNG storage and service center, mentioned in McKinney's practice commentaries on Town Law for notable holdings on use variances and SEQR negative declarations. Full text: htt...p://bit.ly/XBluOS
Environmental and natural resources
King v. County of Saratoga IDA, 208 AD2d 194 (Third Dept. 1995) http://jackle.bo/XBlDl8
Jan 26, 1995
OUTCOME: IDA determination upheld on challenge by Town and citizens group
SEQR review of SEQR review of proposed industrial paper sludge landfill using Saratoga County IDA's powers (since repealed) to override contrary local zoning laws. Full text: http://jackle.bo/XBlDl8
