NYS Supreme Court Upholds Town of Yorktown Zoning Law

In a significant victory for new land uses in the Town of Yorktown, the New York State Supreme Court recently upheld zoning overlay districts adopted by the Yorktown Town Board in 2021 to incentivize economic development.

The overlay districts provide greater flexibility over land use, including mixed-use concepts, to encourage private developers to invest in Yorktown Heights and Oceola Lake sections of Yorktown.

“The BCW recognized early on that then-Supervisor Matt Slater was trying to think outside of the box and he crafted an economic development approach that could be a model for local governments across the state and nation,” said John Ravitz, Executive Vice President and COO of the BCW.

In its decision, the State Supreme Court concluded Yorktown’s overlay district law complies with the State Environmental Quality Review Act (SEQRA) and that the Town Board appropriately considered the law’s cumulative impact. According to Supreme Court Judge George Fufidio, “The whole plan was carried out in a proper, careful and reasonable manner.”

Slater—now a New York Assembly member representing Yorktown—first introduced the overlay districts as part of his Reboot Yorktown Task Force, which he convened following the first wave of the COVID-19 pandemic. The plan also included a comprehensive rebranding of the town through the “Destination Y” campaign.

“The court’s ruling validates the great care we used to craft an economic development plan that will revitalize the Yorktown Heights business district,” said Assemblyman Slater. “The overlay district law has been the key to attracting millions of dollars in new private investment in Yorktown Heights, and it will continue to transform our town and grow the local commercial tax base.”

To date, Yorktown officials approved both the Underhill Farms redevelopment of the former Soundview School campus and the Gardena Boutique Hotel under the overlay district.

“This overlay zoning is intended to position Yorktown businesses for success, and that’s where we are headed,” said Yorktown Supervisor Tom Diana.