New owner relied on error by Buildings which had erroneously issued permit for sign in residential district. Beginning in 1941 the owner of a 4-story apartment building located at 24-59 32nd Street in Astoria, Queens, allowed a sign to be painted on the south wall of the building. In 1961 the City adopted an amendment to the zoning resolution which prohibited signs in residential districts including the district covering 24-59 32d Street. Non-conforming signs then … <Read More>
Search Results for: Department of Buildings
Buildings Exempted from Rent Law
Red Hook developer converted commercial buildings into residential apartments. Harbor Tech LLC in 1999 purchased a commercial complex located in the Red Hook neighborhood of Brooklyn that had been built in the 1920s and used continuously for commercial purposes. Harbor Tech by 2005 had converted the five interlaced buildings of the complex into 100 residential units.
Thirty-five residents of the complex in 2013 sued Harbor Tech to have the City’s Rent Stabilization Law applied … <Read More>
Buildings Upheld on Crane Licenses
President of the operating engineers challenged new rules on crane operator licenses. Edwin L. Christian, President and Business Manager of the International Union of Operating Engineers, filed an article 78 petition challenging amendments to the rules of the City of New York promulgated by the Department of Buildings regarding licensing for crane operators. Christian challenged the adoption of a rule which dispensed with the requirement that, for a class A license, the applicant must have … <Read More>
BSA Vested Rights Decision Upheld by First Department
First Department recognized retroactive validation of a permit. In 2005, the Board of Standards and Appeals denied recognition of GRA V, LLC’s common law vested right to perform work under a Department of Buildings permit on the grounds Buildings deemed the underlying permit invalid. (See CityLand’s extensive previous coverage here.) A common law vested right occurs when a developer performs substantial work in reliance that the underlying permit or zoning is valid. In 2011, … <Read More>
BSA’s denial of special permit upheld by Second Department
BSA found that project did not qualify as an enlargement. In 1999, BSA granted the owner of 155 Norfolk Street in Brooklyn a special permit to enlarge a one-story home. The enlargement was not built pursuant to the approved plans. More than three years later, the owner submitted a different set of plans to Buildings for an as-of-right enlargement and began construction. In 2005, after resolving a series of violations, the owner obtained an alteration … <Read More>
First Department orders BSA to issue variance
Court affirmed power to overturn BSA even when it failed to consider all five variance factors. In 1999, George Pantelidis, owner of a townhouse in Manhattan’s Upper East Side, obtained a permit from the Department of Buildings to construct a glass-enclosed stairwell at the rear of his building. The stairwell allowed the Pantelidis family, who occupied the second and third floors of the five-story building, to move about their residence without using the public stairs.… <Read More>