Council Member Letitia James opposed vested right claim. On March 4, 2008, BSA allowed construction of a 16-story building at 163 Washington Avenue to move forward despite the fact that the building is out of compliance with the recently adopted Fort Greene- Clinton Hill Rezoning plan. The building will have community facility use on the first floor with residential use in the remainder of the building. It will also have a second- floor terrace, supported … <Read More>
Search Results for: Appeal
BSA grandfathers Dyker Heights development
Council Member Gentile sent letter in support of developer’s appeal. On July 12, 2007, the Department of Buildings issued the owner of 1270 Bay Ridge Parkway, located between 12th and 13th Avenues, a permit to construct a three-story building that would include space for residential, commercial and community facility use. Less than two weeks later, on July 25, 2007, the City Council voted to rezone the Dyker Heights neighborhood, putting the proposed development out … <Read More>
Community facility bulk rules apply to mixed-use bldg.
BSA finds no ambiguity in zoning text. Developer 4175 Building Corp. filed permit applications to build two four-story, semi-detached buildings on the same residential zoning lot in the Elmhurst section of Queens. The developer proposed a community facility use in the buildings’ first floor and cellar, with residential uses on the floors above.
The Department of Buildings told the developer to revise its plans to conform with residential bulk regulations. The developer then submitted revised … <Read More>
BSA rejects Buildings interpretation of Sliver Law
Residents prevail on claim that Manhattan building violated height limit. In 2006, the owner of 515 East Fifth Street self-certified a permit to add a sixth story and penthouse addition to the building. With construction underway, local residents and Manhattan Borough President Scott Stringer complained to the Department of Buildings that the penthouse violated the 60-foot height limit set by the zoning resolution’s Sliver Law, which limits building heights in certain districts to either the … <Read More>
BSA affirms DOB policy on roof cell phone antennas
Vallone and Astoria residents argued that DOB lacked authority to grant cell phone equipment permits. In 2005, Omnipoint Communications received a Department of Buildings permit to install cellular phone antennas and equipment cabinets on the roof of an Astoria, Queens building. Council Member Peter F. Vallone Jr. and Astoria residents appealed the permit to BSA, arguing that Buildings lacked the authority to approve the cell phone equipment. According to Vallone, approval required a special permit … <Read More>
Yeshiva ordered to close catering business
DOB wins appeal modifying C of O issued in error. Yeshiva Imrei Chaim Viznitz, located on 53rd Street in Boro Park, Brooklyn, operated a catering hall out of the basement of its three-story building containing its school and synagogue. The Department of Buildings applied to BSA to revoke the building’s 1999 certificate of occupancy. Buildings claimed that the certificate listed the catering use in error since the use was prohibited by the site’s residential zoning … <Read More>