Developer failed to inform DOB of error and continued work without a permit. After the City voted to downzone Jamaica Hills, Queens, Hamida Realty applied to BSA, arguing that it had obtained a vested right to continue its development on two adjoining lots located at 87-30 and 87-32 167th Street, north of Hillside Avenue.
When purchased by Hamida in 2001, the two 30-foot lots were joined and contained a single home that Hamida demolished. Hamida … <Read More>
BSA rejects owner’s argument that case can be based on erroneously certified permit. Trevor Fray applied to BSA to continue construction of a three-family, four-story building at 84-24 168th Place in Briarwood, Queens after the City Council down-zoned Fray’s lot to a zoning that restricted development to oneand two-family detached housing. Fray argued that he had a common law right to continue development of the entire building based on foundation and demolition permits issued before … <Read More>
The Board recognized the applicant’s right to complete construction had vested under the previous zoning scheme. On March 31, 2015 the Board of Standards and Appeals voted to reinstate a construction permit for the applicant, 1016 East 13th Realty, LLC, to construct a five-story mixed commercial and residential building in Midwood, Brooklyn. The building site is located at 1016 East 13th Street, and will feature eight dwelling units plus 2,178 square feet of community … <Read More>
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>
Developer poured 91 percent of the foundations of fourteen-home development before the City Council approved the Sandy Ground Rezoning. Prior to February 2010, a developer obtained excavation and foundation permits and began work on a fourteen-building development on a 44,069 sq.ft. lot at Woodrow Road and Turner Street in Staten Island. The developer planned … <Read More>
Board rules that excavation and foundation work completed prior to permit revocation is still considered in vested rights analysis if revocation is later rescinded. On January 11, 2006, the Department of Buildings issued a permit to the owner of 1610 Avenue S to construct a six-story 25-unit residential building with community facility use on the first floor. After a special audit review, Buildings notified the owner of its intent … <Read More>