BSA refuses to revoke Lincoln West’s cert. of occupancy

Upper West Side resident requested revocation of temporary certificates of occupancy for near-complete Trump development. BSA denied an application made by Olive Freud, on behalf of the Committee for Environmentally Sound Development, to rescind two temporary certificates of occupancy for The Heritage, a 31- story residential condominium on 240 Riverside Boulevard in Lincoln Square, Manhattan. The building is located within Trump Place, a 15-parcel, residential/commercial development along Riverside Drive South on Manhattan’s west side.

After the Planning Commission approved the project in 1992, the developer entered into a mapping agreement with the City and received the required permits from Buildings. In 2003, Freud appealed the permits to BSA, arguing that the developer had breached the mapping agreement by failing to connect Riverside Boulevard to 72nd Street. BSA disagreed and denied the appeal. Thereafter construction was completed and Buildings issued two temporary certificates of occupancy.

In 2006, Freud appealed the temporary certificates to BSA, arguing that Buildings failed to review traffic impacts, acted before construction was completed, and did not fully review compliance with approved plans. Freud also claimed that in a prior appeal BSA ordered that temporary certificates be held until Riverside Boulevard and 72nd Street were connected.

BSA again disagreed with Freud and denied the appeal, concluding that Buildings was not required to research traffic impacts and could issue temporary certificates upon partial review even if work was in progress. BSA also clarified that its 2003 resolution did not prohibit issuance of temporary certificates and that individual comments made by commissioners at the hearing should not be construed as binding orders.

BSA: 240 Riverside Boulevard (189-05- A) (March 14, 2006) (James Periconi, for Freud). CITYADMIN

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