Steven M. Silverberg

Attorney Profile

Top Rated Land Use & Zoning Attorney in Tarrytown, NY

Silverberg Zalantis LLC
 | 120 White Plains Road, Ste 305
Tarrytown, NY 10591
Phone: 914-682-0707
Fax: 914-682-0708
Selected to Super Lawyers: 2010 - 2019
Licensed Since: 1973
Practice Areas:
  • Land Use/Zoning (40%),
  • State, Local & Municipal (30%),
  • Real Estate: Business (30%)
Attorney Profile

Steven M. Silverberg is a member of the law firm Silverberg Zalantis, LLC, located in Tarrytown, New York. A business and real estate law attorney, he represents developers and municipalities in land use, zoning and environmental law matters. His experience includes negotiating and litigating residential and commercial development cases, including complex development agreements.

Mr. Silverberg serves as counsel for municipal land use boards and as special counsel for several municipalities. He currently serves as, and in the past has also been, a town and village attorney in various municipalities. He is a former adjunct professor of law at New York Law School and frequent lecturer on land use, zoning and municipal law issues. He has authored several articles and publications on real estate law, including co-authoring Wetlands and Coastal Zone Regulation and Compliance.

Active in his legal community, Mr. Silverberg is a member of the board of editors of the New York Real Estate Law Reporter and is the second vice preseident of the Rockland Municipal Planning Federation. In the past he served as a board member of the Westchester Municipal Planning Federation, chair of the Environmental Law Committee of the Westchester County Bar Association, chair of the Education Board of the American Bar Association, Law Practice Division, chair of the planning board of the Village of Piermont, a member of the Village of Piermont Village Board. and as a member of the governing Council of the American Bar Association, Law Practice Division.

 
Practice Areas
Lawyer Practice Area Pie Chart

Land Use/Zoning (40%)

State, Local & Municipal (30%): State, Local & Municipal Litigation

Real Estate (30%)

Focus Areas

State, Local & Municipal Litigation

Selections

Selected to Super Lawyers for 10 yearsbottom-image

Super Lawyers: 2010 - 2019

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About Steven Silverberg

Admitted: 1973, New York

Professional Webpage: http://www.szlawfirm.net/lawyer-attorney-1078430.html

Honors/Awards:

  • Fellow of the American Bar Association
  • In recognition of contributions to planning and land use issues, Distinguished Service Award, Rockland Municipal Planning Federation, 2012

Bar/Professional Activity:

  • Second Vice President, Rockland Municipal Planning Federation, 2019
  • Associate Director Rockland Municipal Planning federation, 2018
  • Past Chair - Education Board ABA Law Practice Division
  • Past Chair - Planning board of the Village of Piermont,  2008 to 2009
  • U.S. Supreme Court
  • Member of Council of the ABA Law Practice Division 2008 to 2012
  • Past Member - Board of Directors of the Westchester Municipal Planning Federation, 2001 to 2008
  • U.S. District Courts (Southern and Eastern Districts)
  • Member Board of Editors, New York Real Estate Law Reporter
  • Past Chair -  Environmental Law Committee of the Westchester County Bar Association, 1998 to 2005
  • New York Bar
  • U.S. Court of Appeals, Second Circuit

Pro bono/Community Service:

  • Member- LWRP update steering committee for the Village of Piermont 2016-2019
  • Chair - Village of Piermont Planning Board 2008-2010
  • Chair Piermont LWRP Update Committee, 2015
  • Board of Directors - Westchester Municipal Planning Federation 2001-2006
  • Co-Chair- Piermont Waterfront Resilience Task Force 2013-2014
  • Board of Trustees - Village of Piermont 2010 to 2011 and 2013 to 2015

Scholarly Lectures/Writings:

  • Article reviewing the application of RLUIPA by the Court in Livingston Christian Sch. v. Genoa Charter Twp., 858 F.3d 996, 998 (6th Cir. 2017), Author, Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA, New York Real Estate Law Reporter, 2017
  • Semi-annual certification program for members of zoning boards and planning boards in Rockland County, Speaker, Land Use Case Law Update, 2019
  • A program addressing ethical constrains on attorneys who appear before and represent municipal boards, as well as members of those boards., Speaker, Ethics in Land Use: Guiding Principles for Attorneys and Land Use Board Members, Pace Universiy Land Use Law Center, Legal And Municipal, 2018
  • The Article discusses a recent appellate case applying what appears to be a new interpretation on the authoirty of municipalities to charge back fees by their consultants for review of land use and zoning applications,, Co-Author, Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees, New York Real Estate Law Journal, Real Estate, 2018
  • Annual certification course for members of municipal boards, providing an update on case law and new regulations, such as SEQRA and the new FCC Shot Clock., Speaker, Land Use Case Law Update, Rockland Municipal Planning Federation, Municipal Planning And Zoning Board Members, 2018
  • Provided update on case law and regulations relating to matters relevant to planning boards and zoning boards, for Rockland County municipal officials., Speaker, Land Use Case Law Update, Rockland Municipal Planning Federation, 2018
  • Provided update on cases involving SEQRA, RLUIPA and telecommunications to the Planning Federation, as part of the annual certification class for zoning and planning board members., Speaker, Land Use Case Law Update, Rockland Municipal Planning Federation, 2017
  • Speaker reviewing zoning and planning cases handed down during the last year., Speaker, Case Law Update, Pace Law School/ Westchester Municipal Planning Federation, 2017
  • Former Adjunct Associate Professor of Law, New York Law School, taught State and Local Government Law
  • Author, Court of Appeals Upholds Atlantic Yards Condemnation, New York Real Estate Law Reporter (2010)
  • Author, The Ultimate Challenge to SEQRA, New York Law Journal (2008) 
  • Author, The Application of RLUIPA to Land Use Regulation, ABA State & Local Government News (Vol. 28, No. 4, 2005)
  • Co-author of the book Wetlands and Coastal Zone Regulation and Compliance (John Wiley & Sons, 1993) and a chapter in American Jurisprudence Proof of Facts 3d, Vol. 31, "Zoning Proof of Inverse Condemnation From Excessive Land Use Regulation" (Lawyers Cooperative Publishing, 1995).
  • Author of "Subdivisions and Site Plan Review", a chapter in Warren's Weed New York Real Property Law (Matthew Bender, 1990)
  • Presented lecture at the annual meeting of the Municipal Law Section of the NYS Bar Association regarding recent Federal cases relating to municipal law issues such as RLUIPA, wireless telecommunications and sign regulations., Speaker, Federal Case Law Update, Municipal Law Section, NYS Bar Association, 2011
  • Speaker at training program for municipal officials reviewing the environmental impact statement process under SEQRA., Speaker, State Environmental Quality Review Act , Rockland County Municipal Planning Federation, 2011
  • Discussion of cases analyzing local laws which require pre-occupancy inspection of residential rental units., Author, The Constitutionality of Pre-Occupancy Inspections, New York Real Estate Law Reporter, 2012
  • Discussion of RLUIPA and other laws impacting land use applications in New York by religious groups, as part of a day long program at Pace Law School., Speaker, Land Use Applications for Religious Uses, Pace University School of Law, 2012
  • Article summarizing the Second Circuit's holding in Fortress Bible Church v. Feiner, 694 F.3d 208, that held the Town violated the Religious Land Use and Institutionalized Persons Act (RLUIPA)., Second Circuit Upholds RLUIPA Verdict Against Town of Greenburgh, New York Real Estate Law Reporter Vol. 29 Number 2, 2012
  • Speaker at the Pace Law School Land Use Law Update 2013, Speaker, Religious and Educational Uses-Treatment Under RLUIPA and NY Law, Pace University School Of Law, 2013
  • Annual certification program for members of Zoning and Planning Boards in Rockland County, NY., Speaker, Land Use Law Update, Rockland Municipal Planning Federation, 2013
  • Westchester County Bar Association Environmental Law Committee program on local impacts of climate change, Speaker, Climate Change, Environmental Law Committee Westchester County Bar Association, 2013
  • Program on ability of municipalities to regulate location of wireless telecommunications facilities, Speaker, Recent Developments in Wireless Telecommunications, Westchester Women's Bar Association, 2013
  • Annual certification program for members of Zoning and Planning Boards in Rockland County, NY., Speaker, Land Use Law Update, Rockland Municipal Planning Federation, Speaker, 2014
  • Seminar on Compliance with RLUIPA, Speaker, Religious Land Use & Institutionalized Persons Act (RLUIPA) Seminar, Rockland Municipal Planning Federation, 2014
  • CLE on aspects of selling, leasing and purchasing commercial real estate, Speaker, Commercial Real Estate, Pace University Law School, 2014
  • Article summarizing recent case law on standing to challenge DEC regulations and other governement actions., Co-Author, Court of Appeals Determines Standing to Challenege DEC Regulations, NY Real Estate Law Reporter, 2014
  • In June, 2015 the U.S Supreme Court issued a decision in Reed v. Town of Gilbert. The Court determined a local sign law that distinguished the permitted size, location and duration of signs, based upon the nature of the sign, was content based and subject to the strict scrutiny rule. The Article discusses the decisions and the Court's rationale in finding the law unconstitutional., Author, U.S.Supreme Court Holds Local Sign Law Unconsititutional, New York Real Estate Law Reporter, 2015
  • Discussion of the potential far reaching implications of the U.S. Supreme Court decision in Reed v. Town of Gilbert and the cases that have already followed that decision., Speaker, Reed v. Gilbert- Why Mroe Than your Sign Law May be Unconstitutional, Westchester County Bar Association, 2015
  • Annual certification course for Rockalnd County Zoning and Planning Officials regarding land use, zoning SEQRA and RLUIPA, Speaker, 2015
  • A discussion of the New York Court of Appeals decision in Sierra Club v. Vill. of Painted Post, 26 N.Y.3d 301 (2015), which addressed the issue of standing to challenge local land use and SEQRA determinations., Author, Court of Appeals Modifies Standing Test In Land Use Cases, New York Real Estate Law Reporter, 2016
  • Presented a case law update on issues related to land use, including SEQRA, RLUIPA and wireless telecommunications., Lecturer, Land Use Law Update, Westchester Municipal Planning Federation, 2016
  • Presented update on case law and statutes related to land use and zoning at the annual certification course for municipal planning and zoning officials provided by the Rockland County Municipal Planning Federation., Presenter, Land Use Law Update, Rockland Municipal Planning Federation, 2016
  • Speaker addressing ethical issues facing attorneys and members of land use boards in processing land use and zoning applications., Speaker, Ethics in Land Use, Pace University, Land Use Law Center, 2016

Verdicts/Settlements:

  • Xavier Contracting LLC v. City of Rye, 29 A.D.3d 687, 815 N.Y.S.2d 638 (2d Dep't 2006)
  • Wickes v. Kaplan, 304 A.D.2d 769, 758 N.Y.S.2d 383 (2nd Dept. 2003)
  • Edwards v. Davison, 941 N.Y.S.2d 873 (2d Dep't 2012), 2012
  • Bronxville Field Club v. Irwin Davison, 305 A.D.2d 591, 759 N.Y.S.2d 382 (2d Dep't 2003)
  •   South Liberty Partners LP v. Town of Haverstraw, 82 A.D.3d 956, 918 N.Y.S.2d 563 (2d Dep't 2011), 2011
  • Chambers v. Old Stone Hill, 1 N.Y.3d 424, 774 N.Y.S.2d 866 (2004)
  •   Matter of Vinrus Corp. v. Village of Pelham Manor Building Inspector, 66 A.D.3d 690, 885 N.Y.S.2d 444 (2d Dep't 2009), 2009
  • LaRusso v. Neuringer, 105 AD3d 743 (2d Dept. 2013)

Representative Clients:

  • Town of Haverstraw, Village of Tarrytown, Town of Ossining

Educational Background:

  • Brooklyn College of the City University of New York, 1969
Office Location for Steven M. Silverberg

120 White Plains Road
Ste 305
Tarrytown, NY 10591

Phone: 914-682-0707

Fax: 914-682-0708

Steven M. Silverberg:

Last Updated: 6/10/2019

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