Overview
Attorneys
Representative Matters

Land Use, Zoning and Development Law Includes:
- Special use permits
- Site plan and subdivision approval
- Use and area variances
- Non-conforming use determinations
- Requests for interpretation of zoning laws
- Adoption and amendment of zoning laws
- Municipal zoning and planning counsel
- New York City ULURP
Overview
Young/Sommer helps developers, municipalities, individuals and environmental organizations navigate the complexities of local zoning and land use control laws involving special use permits, site plan and subdivision approvals, use and area variances, non-conforming use determinations, requests for interpretations of zoning laws and the adoption and amendment of zoning laws. Our knowledge of the local planning process allows us to provide cost-effective advice to our clients and obtain the required approvals as quickly and efficiently as possible.
Project Management/Professional Relationships
We work closely with our clients to assemble project proposals that meet their development needs while ensuring that the project is consistent with community character and planning objectives. These projects frequently require the assistance of other environmental professionals such as engineers, surveyors and planners. As part of our client service, we have established relationships with technical professional firms and engineers. We understand the relationship between law and science in “getting the job done.”
Projects
In recent years, our land use attorneys have appeared before local zoning and planning boards on a wide range of projects involving construction and/or expansion of shopping centers and other commercial development, industrial facilities, sand and gravel mines, resort hotel/condominium developments, residential subdivisions, television broadcast facilities, cellular towers, wind farms and conversion of residential structures to commercial use.
SEQRA/Zoning
The firm has decades of experience navigating the New York State Environmental Quality Review Act (SEQRA) and various state and federal environmental laws. We have also appeared on behalf of clients at many scoping and workshop sessions with local boards and at public hearings. We have advised town boards on the adoption of zoning laws and amendments ranging from limited changes to significant updating of existing laws. Over the years, several of our attorneys have worked as counsel to various local zoning boards, providing us with valuable insight into zoning issues from the municipal perspective. Our familiarity with both sides of the zoning process allows us to work with others to foster cooperation and achieve the desired results.
New York City Protection
We also are regularly involved in zoning issues in New York City and are adept at working through the New York City Uniform Land Use Review Procedure. In New York City we primarily represent land owners and community groups who are concerned with projects that will adversely affect their properties and we are one of a few firms with the skills and political independence to represent the rights of affected communities from a potentially harmful land use decision. Recent cases in this area include challenges to the Atlantic Yards project in Brooklyn and the Yankee Stadium project.
The firm’s land use, zoning and development practice group includes David Brennan and Jeffrey Baker.
The following Young/Sommer attorneys represent clients in this practice area.
Jeffrey S. Baker
Jeffrey S. Baker has extensive experience in environmental, zoning and land use law. He has represented both the public and private sector, including major environmental organizations in the permitting and opposition to major commercial and industrial projects.
David C. Brennan
David C. Brennan graduated cum laude from Albany Law School with a concentration in environmental law and holds a bachelor of science in environmental engineering from Rensselaer Polytechnic Institute.
James A. Muscato II
Jim Muscato is a partner and his practice focuses on environmental and energy law and litigation. Jim assists clients in environmental permitting, State Environmental Quality Review Act issues, alternative energy project development, pollution cleanup and litigation.
J. Michael Naughton
J. Michael Naughton is a partner in the firm, and has practiced as a litigator for over 25 years. He began his career in New York City and moved to Albany in 1987. Mr. Naughton was a partner at the law firm of Shanley, Sweeney Reilly & Allen, P.C. before joining Young/Sommer LLC in 2005.
Joseph F. Castiglione
Joseph F. Castiglione primarily practices in the areas of commercial, contract, municipal, land-use, administrative and environmental law, with his practice primarily dedicated to litigation in State and Federal courts.
Allyson M. Phillips
Allyson M. Phillips received a Bachelor’s degree in Political Science from Fordham University and is a 2006 graduate of Albany Law School. While at Albany Law, Allyson served as Associate Editor for the Albany Law Journal of Science and Technology and was a research assistant for the Dean of the Albany Law School Government Law Center, Patricia E. Salkin.
Kristin Laviolette Pratt
Kristin Laviolette Pratt (Associate) has been practicing environmental law, commercial litigation, and real property law at Young/Sommer LLC since 2005. Kristin has represented both corporate and individual clients before the New York State Department of Environmental Conservation in negotiating regulatory proceedings as well as before local government boards.
Concerned Citizens of Cattaraugus County, Inc. v. Town of Allegany Planning Bd., et al., Sup Ct, Cattaraugus County, 2011, Index No. 79455
Cring v. Bonnie Belle Association, Sup Ct, Warren County, 2004, Index No. 44157
Dever v. DeVito, 84 AD3d 1539 (3d Dept 2011)
The firm represented the defendants in this residential property dispute involving private covenants and restrictions in a homeowner’s association. In this case, a neighbor attempted… Read More
In the Matter of the Application of Ticonderoga Property Development LLC, APA Order Granting Variance, 2005-261V, October 18, 2006
Neshewat v. ElJamal, Sup Ct, Westchester County, 2012, Index No. 615/2011
The firm represented the plaintiff in a successful share holder derivative action and contract dispute involving the sale of commercial property in Westchester County, which… Read More
