Board of Standards & Appeals Adopts Major Revision of Its Rules on Practices and Procedures

BSA last amended its rules in 1995. On July 13, 2012, BSA adopted a final rule updating its practices and procedures. The final rule revises and clarifies the requirements governing filing procedures, public review, and the decision-making process for all applications filed at BSA. The final rule adds instructions on the filing, referral, and hearing notice requirements for vested rights applications; clarifies the types of applications filed on the Appeals (A) Calendar; revises the … <Read More>


BSA grants Red Hook developer time extension for warehouse conversion

BSA, which had granted variance to developer in 2003, grants time extension due to five-year court battle. In 2003, the Board of Standards & Appeals granted a use variance to 160 Imlay Street Real Estate LLC to allow for the residential conversion of a six-story warehouse at 160 Imlay Street in Red Hook, Brooklyn. 160 Imlay Street LLC had claimed that it could not earn a reasonable rate of return with a complying use … <Read More>


Building permit upheld despite ongoing litigation

Developer not required to submit a recorded easement or restrictive declaration ensuring rooftop access to adjoining buildings to meet open space requirements. A developer agreed to purchase 144 North 8th Street from Iqbal LLC and two affiliated entities, along with the unused development rights from Iqbal’s adjoining tax lot, to facilitate the construction of a 16-story mixed-use building in Williamsburg, Brooklyn. In order to meet open space requirements for the 16-story design, the developer needed … <Read More>


BSA allows Buildings to revise permit

Buildings mistakenly issued a certificate allowing conversion of SROs. The owner of a four-story building located at 614 West 138th Street sought to convert single room occupancy units to Class A apartments, which requires a Certificate of No Harassment from the New York City Department of Housing Preservation and Development before Department of Buildings approval.

When the owner applied to HPD for a certificate, HPD denied the request because it found reasonable cause to suspect … <Read More>


BSA rejects special permit for demolished building

Owner’s application to Buildings failed to disclose actual conditions or intentions with respect to demolition. Alexis Lyublinskiy hoped to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. After his architect self-certified permits, demolition and construction work began that did not match the permits. Lyublinskiy eventually demolished three walls and constructed a two-story home that violated zoning restrictions on floor area, wall height and yard limitations.

The Department of Buildings then issued a … <Read More>


Status of Breezy Point lots remains unsettled

DOB revokes Breezy Point resident’s building permit, thereby eliminating BSA appeal. On May 15, 2007, BSA dismissed a contentious case involving the construction of a new year-round home in Breezy Point, Queens, following the Department of Buildings’ revocation of the original permit.

In 2006, Thomas Carroll, a Breezy Point resident for over 50 years, received a permit to construct a new year-round home to replace his deteriorated bungalow. Carroll’s neighbor, Supreme Court Judge James Golia, … <Read More>