• Generalized community opposition should not be considered by the ZBA although it exists as a political reality


• Lawsuits in an Article 78 Proceeding should be brought with the ZBA Chairman being named as the defendant and they do not want to be publically overturned

• Attorney for applicant:

o Is expected to have made a personal inspection of the site at issue

o Should meet with civic associations to garner community perspective and amend plan to accommodate oppositions concerns

• In Huntington, a letter is utilized to start the process, not a building permit application

• Always bring a complete narrative articulating your position and submit to the ZBA as they may try to cut the applicant off

• Using social media is a new way to ascertain community sentiment for the project

• Do not friend a page on Facebook if you are not friends, as this is an ethical violation

• Application should distinguish the present application on why it will not create precedent by showing the unique factors at issue

• Planning Board will submit a memorandum to the ZBA and they can be questioned about this

• Experts are sometimes allowed to do a narrative, but in other Towns required to be questioned

• Huntington requires experts in all commercial case

• Before proceeding, FOIL request the tax lot on the area of the case; read through the cards and then pull previous similar decisions

• Be sure to touch on Town Law §267b every element

• For the financial component of a nonconforming use application, you will need an expert (accountant) detailing financials for each and every available use

• “Self-created hardship” used to be enough to defeat an application, but not any more

Each Town is very different & the applicant should attend hearings before pursuing theirs even if they have done this before!!!!

Suffolk County recently unveiled a portal to streamline the building permit process for each of the 10 towns and 33 villages in Suffolk County. This is only Phase One of the portal & the prospects of this into the future are endless. A great move by the County and we should read this as Suffolk County's endorsement of future development for the County. To utilize the portal, click here.

Things will be changing-the new high for the jumbo fixed product is going down to $625,500 from $729,750 by September if no government action is taken.


FHA loans are raising their charges for the third straight year in a row. And may raise the down-payment requirement up from 3.5%.

Fannie is requiring that all condominiums be inspected to check on the cash reserves held by the Board- and increasing that from 10-20%-that is why fewer are on the approved lending list.

It is getting harder to close loans due to title issues-Lenders from 20 years ago have not closed and given satisfactions of mortgages to their clients. Open mortgages are appearing on credit reports.

There is now a .25% add-on for a loan sold to Fannie Mae-no matter what your credit score is-if the down-payment is not 25% on a purchase.

First thing I do is check and fix the credit. Then put the loan in and get it approved through the Desk Top underwriter used by Fannie Mae. Then you still need experience and knowledge to get the loan through due to issues that crop up during the loan process. New rules and regulations are everywhere.

Make sure you use an experienced lender. I like having in -house processing so I can ask the underwriters questions as the loan progresses and so can overcome the problems to get the loan closed.

Tomorrow's Commercial Real Estate Class at Briarcliffe College is at full capacity with a waiting list. We're looking forward to the course!

You now have until April 23, 2011, instead of until yesterday. To learn more, read the County Executives Press Release. To file a grievance, your first stop should be here or hire a professional. Good luck and go reduce your taxes.