Search Results for: Land Use Law

Site qualifies as brownfield

DEC acted outside its authority by creating “but-for” test to deny eligibility. East River Realty Company LLC owned several contaminated properties in the Murray Hill neighborhood of Manhattan and in 2001 entered them into the NYS Dept. of Environmental Conservation’s Voluntary Cleanup Program. The sites are former Con Edison sites, and are among the largest and most valuable development sites in the City.

Following the enactment of the State’s Brownfield Cleanup Program in 2003, East … <Read More>

Court compels DEC to accept brownfield application

DEC overstepped its authority by judging application against eligibility regulations not found in Brownfield statute. HLP Properties LLC owned a 1.75 acre surface parking lot bounded by West 17th and 18th Streets between 10th and 11th Avenues in Manhattan. The lot was part of the former West 18th Street manufactured gas plant, a 19th century facility that converted coal to combustible gas for all of Manhattan north of Canal Street. The plant operated for more … <Read More>

EDC action withstands motion to dismiss

Court allows EDC lawsuit seeking to reclaim Harlem landmark from developer. In 2003, the New York City Economic Development Corporation sold a run-down landmark, known as the Corn Exchange Bank, to Corn Exchange LLC. The deed required Corn Exchange to rehabilitate the building, restore the exterior to its original state, and to establish a non-profit culinary institute in a portion of the renovated space. Corn Exchange had 36 months to complete the renovations and obtain … <Read More>

Court affirms DOI’s subpoena power

Preservationist allegedly altered contents of letter from Manhattan Borough President Scott Stringer. In 2006, Landmarks held a hearing to consider the designation of the Dakota Stables, a building on the Upper West Side. Shortly before the hearing, the owner of the Dakota Stables pulled permits and began stripping the facade of the building. 3 CityLand 157 (Nov. 15, 2006). At the hearing, Virginia Parkhouse, a Landmarks West! volunteer, read a letter from Borough President Scott … <Read More>

Court upholds BSA ruling denying vested rights

Bronx developer claimed non-compliance with zoning law was minimal and should not impede vesting of rights. Developer GRA V LLC applied for an excavation and foundation permit from the Department of Buildings for construction of a 63- unit apartment building in a neighborhood of one- and two-family buildings within the Bronx’s Van Cortlandt Village. Despite an Administrative Code requirement that permit applications be accompanied by a lot diagram survey prepared by a licensed surveyor, the … <Read More>

Park access to Gowanus Bay waterfront restored

Fence along esplanade in Red Hook ordered to be removed. Photo: NYC Law Department.

Private owner built a fence along the Henry Street Basin. The Gowanus Industrial Park consists of 46 acres of land on the edge of the Henry Street Basin in Red Hook, as well as land under the Basin. The industrial park is adjacent to Red Hook Park, which, in addition to ball fields and a pool, has an esplanade with trees … <Read More>