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 5, 2017, the Board of Standards (“Board”) and Appeals disagreed with Buildings. (read more…)

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. (read 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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Moshe Friedman testifying before the Board of Standards and Appeals. Image credit: BSA

The variance permits the construction of a new floor to accommodate the School’s programmatic needs. On March 22, 2016, the Board of Standards and Appeals conditionally approved a variance to construct an additional floor onto the Bais Yaakov D’ Chasidei Gur religious school, located at 1975 51st Street in the Borough Park neighborhood of Brooklyn. The four-story building will be expanded into a five-story building to accommodate the School’s existing students and anticipated increase in enrollment.

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Howard Goldman testifies before the Board of Standards and Appeals. Image Credit: BSA.

The proposed redevelopment plan has been approved by Landmarks and has been modified slightly to comply with federal regulations, due to the site’s close proximity to LaGuardia Airport. On October 27, 2015, the Board of Standards and Appeals approved with conditions a request by Flushing Square, LLC., for a special permit to re-develop the RKO Keith’s Theatre, located at 135-35 Northern Boulevard in the downtown Flushing neighborhood of Queens, into a 16-story mixed use commercial and residential building with community facilities. The RKO Keith’s Theatre is a vacant building containing an interior landmark. The proposed development would exceed the height limitations established for the site’s area, which is a “designated flight obstruction” area due to its close proximity to LaGuardia Airport. (read more…)