After judicial remand, special permit granted for residence

Second Department ordered BSA to determine whether special permit findings were met. In 2005, Alexis Lyublinskiy obtained an alteration permit to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. Initial demolition and construction work did not match building plans, and Lyublinskiy eventually demolished all but one of the original building’s walls and built a two-story house.

Buildings issued a stop-workorder after discovering that the house did not conform to the approved plans. <Read More>


Permit invalidated; builder misrepresented project

Owner misrepresented extent of construction in order to avoid City Planning Commission review of plans. In November 2002, the owner of 366 Nugent Street in Staten Island received a pre-consideration letter from Borough Commissioner Jorge Canepa to enlarge an existing twostory home and replace and relocate existing square footage. The owner informed the borough commissioner that it sought the letter in order to avoid filing for a new building permit, which according to the underlying … <Read More>


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>


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>