BSA extends time to complete construction based on common law, not the zoning code. Brooklyn’s South Park Slope neighborhood was rezoned in November 2005 to prevent out-of-scale development, forcing some developers to stop work on projects that no longer conformed to the new zoning. 2 CityLand 161 (Dec. 2005). Two developers in South Park Slope, with projects at 639 Sixth Avenue and 400 15th Street, requested permission to extend their construction time, filing two applications each: one based on the zoning resolution’s provision for extending construction time and a second on common law vested rights.

The owners of 400 15th Street argued that construction of a proposed five-story, 7,035-square-foot residential building was delayed due to poor soil conditions and unstable foundations in adjacent buildings, which resulted in a redesign as well as a lawsuit with a neighbor. The owners also argued that compliance with the new zoning would result in serious economic loss due to reduced floor space, less marketable units, and wasted construction costs. Finally, the owners argued that they had completed substantial work, including demolition, land clearing and excavation, and would lose $577,492 in costs. (more…)