MATTERS OF INTEREST

After More Than 15 Years, Huntington Gas Station Receives Certificate of Occupancy

John Farrell, a Partner with the Firm and head of the Firm's Suffolk County office in Hauppauge, successfully obtained a Certificate of Occupancy (C.O.) that the client was supposed to receive from the Town of Huntington Zoning Board of Appeals 18 years ago for a service station in Huntington. The Town had been previously directed by a court to issue the C.O., but the Town refused.

In 1990, Mr. Farrell’s client received zoning board approval to redevelop a property with an existing gasoline service station and add a store for retail sale of merchandise. A few years later, the client received a summons for operating a convenience store on property which was not zoned for such use. The client made an application to the Board of Appeals for the convenience store and was denied. An Article 78 challenge was later filed by the client.

On February 2, 2000, the court overturned the decision and ordered the Board of Appeals to approve the application and issue the C.O. but the Town never issued the C.O. That fact came to light when the client applied for a permit to install an emergency generator. Mr. Farrell met with numerous Town officials to resolve the issue; after a series of meetings, he was able to map out a path for the Town to issue a C.O. The clients followed the plan and the Town recently issued the C.O. after 18 years.

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