104 Charlton Street, Lower Manhattan. Image Credit: GoogleMaps

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 from which the unused development rights would be transferred had previously received a variance, the development rights cannot be transferred without Board approval. (more…)

Greenberg Traurig’s Nick Hockens testifying on behalf of the applicant before the BSA on March 8, 2016. Image credit: BSA

The transferring property was granted a variance 35 years ago, but the value of the development rights has since sky-rocketed. On March 8, 2016, the Board of Standards and Appeals unanimously voted to grant Charlton Cooperative Corporation’s request for a variance to transfer unused development rights from the applicant’s property, located at 112 Charlton Street, to an adjacent property, located at 108 Charlton Street, in Manhattan’s Special Hudson Square District. Because the site from which the unused development rights would be transferred had previously received a variance, the development rights cannot be transferred without Board approval.

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Howard Goldman testifies before the Board of Standards and Appeals at its hearing on May 12, 2015. Image credit: BSA

In response to neighborhood concerns, the Board conditioned the zoning variance on several limitations meant to reduce the risk of excess noise and increase pedestrian safety. On October 16, 2016, the Board of Standards and Appeals approved with conditions a request by The Chapin School, Ltd. for a zoning variance to construct a three-story addition to its existing school, located at 100 East End Avenue on the Upper East Side of Manhattan.  The Chapin School, a unisex school serving 750 female students from kindergarten through 12th grade, sought the variance to build a new gymnasium and play roof onto its existing, decade-old building. (more…)

Paul Selver testifies before the Board of Standards and Appeals. Image credit: BSA

Board distinguished the application from relevant case law.  On July 28th, the Board of Standards and Appeals voted to reopen and amend a variance for the applicant, 124 West 24th Street Condominium, to facilitate the conveyance of unused development rights.  The site from which the rights were to be transferred was the subject of a previous Board variance and could not be transferred without Board approval.

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Calvin Wong testifies before the Board of Standards and Appeals. Image credit: BSA

On July 28, 2015, the Board of Standards and Appeals voted to grant a zoning variance to the applicant, Akerman Senterfitt LLP, for the construction of the Brooklyn School for Medically Frail Children in the Ditmas Park neighborhood of Brooklyn.  The construction would yield a pre-kindergarten school at 570 East 21st Street with dormitory facilities for physically-handicapped children who require breathing ventilation and general respiratory care throughout at least part of the school day.  The school would anticipate enrollment of up to 50 students, 20 of whom would be expected to live in the on-site housing facilities.

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