Second Department ordered BSA to determine whether special permit findings were met. In 2005, Alexis Lyublinskiy obtained an alteration permit to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. Initial demolition and construction work did not match building plans, and Lyublinskiy eventually demolished all but one of the original building’s walls and built a two-story house.

Buildings issued a stop-workorder after discovering that the house did not conform to the approved plans. Buildings rescinded the order, but later issued a second order after determining that the house exceeded the permitted floor area and violated wall height and side yard regulations. Instead of revoking the permit, Buildings issued a letter allowing the permit to be categorized as an alteration rather than new construction.

Lyublinskiy applied to BSA for a special permit to legalize the noncomplying building and claimed that the demolition was necessary due to water and termite damage. BSA denied the application. BSA noted that it was authorized to grant special permits for enlargements only, and it found that the demolition and construction work qualified as new construction and not an enlargement. 4 CityLand 75 (June 15, 2007).

Lyublinskiy filed an article 78 petition challenging BSA’s denial. A lower court granted the petition and ordered BSA to grant the special permit. BSA appealed and the Second Department modified the lower court’s ruling. Noting that BSA had granted a special permit to legalize an enlargement under similar facts, the Second Department found that BSA ignored its own precedent when it ruled that it was not authorized to grant a special permit to Lyublinskiy. The court ordered BSA to reopen the application in order to review whether the special permit findings were met.

BSA reopened the application and granted the special permit, finding that the building would not alter the neighborhood’s essential character. Addressing concerns expressed by opponents that the house violated other zoning regulations, BSA noted that Buildings would review whether the structure’s building envelope complied with all relevant zoning provisions.

BSA: 136 Norfolk Street, Brooklyn (111- 06-A) (July 13, 2010).