Council Member Gentile sent letter in support of developer’s appeal. On July 12, 2007, the Department of Buildings issued the owner of 1270 Bay Ridge Parkway, located between 12th and 13th Avenues, a permit to construct a three-story building that would include space for residential, commercial and community facility use. Less than two weeks later, on July 25, 2007, the City Council voted to rezone the Dyker Heights neighborhood, putting the proposed development out of compliance with the new zoning’s restrictions on residential density, permitted uses, and front and side yards. 4 City- Land 104 (Aug. 15, 2007). The owner then filed an appeal with BSA, arguing that it had obtained a vested right to complete the proposed development.

The owner argued that before the rezoning went into effect, it had completed the site preparation for the development and nearly all of the excavation work and shoring of adjacent properties. The owner’s contractor and architect agreed, both stating that 90 percent of the excavation work and all site clearance and shoring activities were completed before the rezoning. The owner also argued that it already had contracts for work and materials with its construction manager and outstanding fees related to the project. Lastly, the owner argued that a re-design of the site to comply with the new zoning would result in a significant economic loss.

BSA reinstated the permit, ruling that the owner made significant progress prior to the rezoning. BSA also ruled that the owner’s expenditures from the work it had already performed could not be recouped if the development proceeded under the new zoning regime.

BSA: 1270 Bay Ridge Pkwy., Brooklyn (240-07-A) (Jan. 15, 2008) (Sheldon Lobel, PC, for applicant).