Barclay Damon
Barclay Damon

Corey A. Auerbach

Corey A. Auerbach

Partner

p: 716-858-3801

f: 716-768-2801

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Clarence Office

9276 Main Street
Suite 3B
Clarence, New York 14031

Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202


p: 716-858-3801
f: 716-768-2801

Corey Auerbach focuses his practice on land use law and project development. He has leveraged his prior experience counseling municipal officials on administering the planning and zoning function of town government into a successful career guiding applicants through the zoning, planning and land use entitlement process. His experience in New York is comprehensive, including work with major corporations, hospitals, skilled nursing facilities, religious institutions and other non-profit organizations, wireless telecommunication carriers and related infrastructure companies and commercial, hotel and residential developers. He continues to consult with municipalities as special counsel on a variety of legal matters.

From land use and zoning due diligence through final agency action, Corey’s multi-disciplinary approach incorporates advocacy, law and politics, promoting a successful outcome through extensive industry knowledge and legal acumen. At the conclusion of the entitlement process, his experience makes him uniquely qualified to prosecute and defend land use matters before New York State courts, including appeals.

Corey has appeared before municipal land use, zoning and environmental permitting agencies at every level of government and assists clients with all aspects of the land use permitting and regulatory compliance process, including rezoning, zone text and comprehensive plan amendments, special and temporary use permits, use and area variances, zoning interpretation appeals, wetland, stormwater and highway work permits, endangered species, the New York State Environmental Quality Review Act (SEQRA) and the Telecommunications Act of 1996 and related orders.

Corey has also handled land use, SEQRA and municipal litigation at the Supreme Court, Appellate Division and Court of Appeals.

He lectures widely on the planning and zoning function of municipal government and often presents training programs for local legislative and administrative board members.

A growing area of Corey’s practice involves the creation and management of condominium and homeowner associations, including the preparation and filing of offering plans and amendments with the New York State Attorney General’s Office.

Representative Experience

  • Represented residential housing developer in local, state and federal approvals for 244 unit multi-family housing development, including variances and site plan approval, stormwater and state and federal wetland permits.
  • Served as local land use counsel to national retailer, expediting area variance and site plan approvals to meet aggressive delivery schedule.
  • Performed comprehensive land use due diligence for international company in development of first manufacturing facility in United States.
  • Obtained municipal entitlements for award winning, three story, mixed use development in the heart of a historic district, amidst public opposition.
  • Represented national developer in acquisition and entitlements for $22 million senior housing development, including site selection, zoning feasibility, environmental due diligence, contract negotiations, acquisition, rezoning, area variances and site plan approval.
  • Led development team that obtained municipal approvals for $16 million residential treatment facility, including prosecution of successful court challenge in Supreme Court.
  • Served as counsel to national tower infrastructure company and wireless telecommunication provider in zoning and permitting matters throughout New York State.
  • Assisted residential developer with requirements of SEQRA by collaborating with environmental consultants in the preparation of environmental impact statement, including public hearing and review process on scoping DEIS and FEIS documents.
  • Prosecuted application for comprehensive plan amendment to facilitate residential subdivision, including representation before legislative and administrative boards.
  • Represented national student housing developer in land acquisition, special use permit, variances and site plan approval for 192-unit student housing development, including State Flood Control Land Use Permit.
  • Obtained reversal of determination of Code Enforcement Officer in zoning interpretation appeal and successfully defended same before Appellate Division, Fourth Department.
  • Secured use variance for conversion of former grocery store to climate controlled self-storage facility, including extensive public outreach to build consensus with local community groups.
  • Obtained entitlements for not-for-profit corporation to facilitate $69 million redevelopment of national historic landmark, including negotiating release of reversionary interest from New York State, rezoning, site plan approval and certificates of appropriateness from Historic Preservation Board.
  • Facilitated zone text amendment to exempt non-conforming condominium from local zoning law provision that prohibited reconstruction of non-conforming structures, in advance of FHA certification, including drafting proposed legislation.
  • Prepared offering documents for New York State’s first green subdivision development.

Practice Areas

Education

  • University of Florida, B.A., 2003
  • Bar Ilan University, Ramat Gan, Israel, Summer 2005
  • Albany Law School of Union University, J.D., 2007

Memberships & Affiliations

  • New York State Bar Association
  • Erie County Bar Association
  • Community Associations Institute

Civic Activities

  • ECBA Volunteer Lawyers Project, Attorney for the Morning: Eviction Defense at Buffalo City Court
  • Westminster Early Childhood Program, Board of Advisors, Vice President

Speaking & Publications

  • "How I.. Help developments come to fruition," Buffalo Business First, January 26, 2017
  • "Real Estate Due Diligence: Environmental, Acquisition and Land Use," Buffalo Niagara Builder's Association, December 2016
  • "Site Plan Review: Process, Procedure and Practical Application," New York State Association of Towns Annual Meeting and Training School, February 2016
  • "Variances and Limitations," New York Planning Federation Planning and Zoning Summer School, July 2015
  • "The Substance & Procedure of Interpreting Zoning Provisions," New York State Association of Towns Annual Meeting and Training School, February 2014
  • Update Editor, American Law of Zoning, 5th ed. 2008
  • "Position Prediction through Past Performance: A Quarter Century of United States Supreme Court Landowner Rights Jurisprudence," Zoning and Planning Law Report, Summer 2007

Honors

  • Empire State Counsel Honoree, New York State Bar Association, 2014, 2017, for his commitment to providing pro bono legal service
  • Super Lawyers Magazine, 2013-2016 Rising Star for Land Use/Zoning
  • Business First of Buffalo, 2013 Legal Elite of Western New York

Prior Experience

  • Damon Morey LLP, Senior Associate
  • Association of Towns of the State of New York, Associate Counsel
  • Albany Law School, Government Law Center, Research Assistant, Dean Patricia Salkin