On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662. The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to … <Read More>
Search Results for: BSA
BSA Grants Appeal for Caretaker Apartment in Sign Painting Shop
Sign Painting Shop in East Williamsburg, Brooklyn was granted an appeal to include a caretaker’s apartment within the property. The owners of 1109 Metropolitan Avenue in East Williamsburg, Brooklyn are planning to convert the property into the Sign Painting Shop, which will include a proposed caretaker apartment as an accessory use. On May 4, 2015, Department of Buildings (“Buildings”) determined that the proposed caretaker apartment was not permitted in the manufacturing zoning district. On December … <Read More>
BSA Grants Variance for Transfer of Development Rights to Facilitate a New Charlton Street Development
The transferring property was granted a variance 15 years ago, but the development of the adjacent property had not been under the applicant’s control. On December 6, 2016, the Board of Standards and Appeals unanimously voted to grant 104 Charlton Street Condominium’s request to transfer unused development rights from the applicant’s property, located at 104 Charlton Street, to an adjacent property located at 108 Charlton Street in Manhattan’s Special Hudson Square District. Because the site … <Read More>
Council Hears Testimony from BSA on New Oversight Legislation
Executive Director of the Board of Standards and Appeals voices support for some proposed reforms, but states concern about financial and personnel burden to the agency. On December 14, 2016, the City Council’s Committee on Governmental Operations heard testimony on ten proposed bills designed to provide more oversight of the Board of Standards and Appeals. The BSA, which was originally created to be an independent board tasked with granting “relief” from the zoning code, is … <Read More>
City Council to Consider New Oversight Controls on BSA
Ten bills will be aired for public opinion to place restrictions on and revamp the processes of the Board of Standards and Appeals. On December 6, 2016, Council Member Ben Kallos introduced five new bills regarding the oversight and operations of the Board of Standards and Appeals at the City Council’s stated meeting. The Board of Standards and Appeals, which was originally created to be an independent board tasked with granting “relief” from the zoning … <Read More>
Land Use Committee Approves Brooklyn CB10’s Application; Subcommittee Expresses Concern About BSA [UPDATE: City Council Unanimously Passes Application]
The approved proposal would remove Brooklyn Community District 10 from applicability under Section 73-622, while allowing three applications to go forward. On October 5, 2016, the City Council’s Subcommittee on Zoning and Franchises heard testimony on an application from Brooklyn Community Board 10 to amend the New York City zoning text relating to special permits issued by the Board of Standards and Appeals. These special permits allow property owners in R2 zoning districts to … <Read More>