Building permit reinstated

Tenant’s reliance on past front yard requirements tops Buildings’ new policy. Thomas E. Carroll applied to Buildings for demolition and construction permits to build a single-family home on his designated plot at 607 Bayside Drive in Breezy Point, Queens, a 403-acre private community owned by Breezy Point Cooperative. Carroll leased his plot from the Cooperative in 1960, the same year the Cooperative incorporated. Carroll’s plot, like other individual plots in the Cooperative, had been historically … <Read More>


Park W. Village permit upheld

Local residents claimed that all open space on a multiple building zoning lot must be accessible to all occupants of the zoning lot. 808 Columbus Avenue LLC obtained a permit from Buildings to construct a 29-story, mixed-use building within Park West Village on Manhattan’s Upper West Side. The new building would share a zoning lot with three 16-story residential buildings located on a superblock bounded by West 100th Street on the north, Columbus Avenue on … <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>


Brooklyn owner wins right to complete construction

 

1610 Avenue S. Photo: CityLand.

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work completed prior to permit revocation is still considered in vested rights analysis if revocation is later rescinded.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>


Rezoned owner allowed to complete construction

DOB stop-work order of no consequence in vested rights analysis. On April 25, 2007, the Department of Buildings issued a permit to the owner of 1447 Rosedale Avenue to construct a three-story, two-family home. Two weeks later the City Council approved a rezoning in Park Stratton which changed the zoning on the owner’s lot from R6 to R5, thereby rendering the proposed project out-of-compliance with maximum permitted floor area, parking, lot coverage, residential density, and … <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>