Barclay Damon
Barclay Damon

Corey 
     Auerbach

Corey Auerbach

Partner

p: 716.858.3801

f: 716.768.2801

icon_email cauerbach@barclaydamon.com
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Clarence Office

9276 Main Street
Suite 3
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 guides applicants such as hospitals, skilled-nursing facilities, religious institutions and other not-for-profit organizations, wireless-telecommunication carriers and related infrastructure companies, and commercial, hotel, and residential developers through the zoning, planning, and land-use-entitlement process. He also consults with municipalities as special counsel on a variety of legal matters.

Corey appears 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 NYS Environmental Quality Review Act (SEQRA); and the Telecommunications Act of 1996 and related orders.

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

A natural outgrowth of Corey’s zoning practice involves the formation and representation of condominium and homeowner associations, including preparing and filing offering-plans and amendments with the NYS Attorney General’s Office.

Representative Experience

  • Represented a residential housing developer in local, state, and federal approvals for a 244-unit multi-family housing development, including variances and site-plan approval and stormwater, state, and federal wetland permits.
  • Served as local land-use counsel to a national retailer, expediting the area variance and site-plan approvals to meet an aggressive delivery schedule.
  • Performed comprehensive land-use due-diligence for an international company in the development of its first manufacturing facility in the United States.
  • Obtained municipal entitlements for an award-winning three-story mixed-use development in the heart of a historic district amidst public opposition.
  • Represented a national developer in the acquisition of and entitlements for a $22 million senior-housing development, including site selection, zoning feasibility, environmental due diligence, contract negotiations, acquisition, rezoning, area variances, and site-plan approval.
  • Led a development team that obtained municipal approvals for a $16 million residential treatment facility, including the prosecution of a successful court challenge in NYS Supreme Court.
  • Assisted a residential developer with SEQRA requirements by collaborating with environmental consultants in the preparation of an environmental-impact statement, including a public hearing and review process on scoping DEIS and FEIS documents.
  • Prosecuted an application for a comprehensive plan amendment to facilitate a residential subdivision, including representation before legislative and administrative boards.
  • Represented a national student-housing developer in the land acquisition, special-use permit, variances, and site-plan approval for a 192-unit student housing development, including a state flood-control land-use permit.
  • Obtained a reversal of determination of a code-enforcement officer in a zoning interpretation appeal and successfully defended the client before the Appellate Division, Fourth Department.
  • Secured a use variance for the conversion of a former grocery store to a climate-controlled self-storage facility, including extensive public outreach to build consensus with local community groups.
  • Obtained entitlements for a not-for-profit corporation to facilitate a $69 million redevelopment of a national historic landmark, including negotiating the release of reversionary interest from New York State as well as rezoning, site-plan approval, and certificates of appropriateness from the Historic Preservation Board.
  • Served as counsel to a national tower-infrastructure company and wireless-telecommunication provider in zoning and permitting matters throughout New York State.
  • Facilitated a zone-text amendment to exempt a nonconforming condominium from a local zoning-law provision that prohibited the reconstruction of nonconforming 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.
  • Bar Ilan University, Ramat Gan, Israel, Summer 2005
  • Albany Law School of Union University, J.D.

Admitted To Practice

  • New York

Memberships & Affiliations

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

Civic Activities

  • Bar Association of Erie County Volunteer Lawyers Project, Attorney of the Morning Program Volunteer
  • Westminster Early Childhood Program, Board of Advisors Member and Former President

Speaking & Publications

  • Genesee/Finger Lakes Regional Planning Council, Regional Local Government Workshop, “Zoning Variances”
  • New York Planning Federation Planning and Zoning Summer School, “The Substance & Procedure of Interpreting Zoning Provisions”
  • Buffalo Niagara Builder’s Association, “Real Estate Due Diligence: Environmental, Acquisition, and Land Use”
  • Association of Towns of the State of New York Annual Meeting and Training School, “Site Plan Review: Process, Procedure, and Practical Application”
  • New York Planning Federation Planning and Zoning Summer School, “Variances and Limitations”
  • Adirondack Daily Enterprise, “Saranac Lake Tops Upgrade May Begin in March”
  • Community Association of WNY’s Community Association Connection, “Lien on Me”
  • Buffalo Business First, www.bizjournals.com/buffalo/news/2017/01/26/how-i-help-developments-come-to-fruition.html“How I … Help Developments Come to Fruition”
  • American Law of Zoning, Update Editor
  • Zoning and Planning Law Report, “Position Prediction Through Past Performance: A Quarter Century of United States Supreme Court Landowner Rights Jurisprudence”

Honors

  • New York State Bar Association, Empire State Counsel Honoree, 2014 and 2017
  • Selected to Super Lawyers Upstate New York Rising Stars: Land Use/Zoning, 2013-2018
  • Buffalo Business First, Legal Elite of Western New York, 2013

Prior Experience

  • Damon Morey LLP, Senior Associate
  • Association of Towns of the State of New York, Associate Counsel