Billboard lessee claimed the Board denied its permit arbitrarily. OTR Media Group leased a billboard on the south wall of an eight-story building at the northeast corner of Tenth Avenue and West 40th Street in the Hell’s Kitchen neighborhood of Manhattan. In 2012 the Department of Buildings refused OTR’s request for a permit to operate the billboard because it was within view of an arterial highway, the Lincoln Tunnel, in violation of the Zoning Resolution. … <Read More>
Search Results for: Board of Standards
Court Vacates BSA Denial of Advertising Sign Registration
Court ruled the signs were not under City jurisdiction. On March 26, 2012 the Department of Buildings issued Notice of Sign Registration Rejection letters denying registration for twenty-one advertising signs owned by CBS Outdoor Inc. The Department based its rejection on the signs being too close to an arterial highway, in violation of the City Zoning Resolution. On January 29, 2013 the Board of Standards and Appeals upheld the rejection. CBS Outdoor, joined by the … <Read More>
Appellate Court Upholds BSA Decision on Illegal Penthouse
Board was not acting arbitrarily by requiring LPC approval of construction permit for addition to a historic district building. On February 12, 2013, the Board of Standards and Appeals found they could not reinstate a Department of Buildings construction permit for Petitioner, 339 West 29th Street LLC without prior approval from the Landmarks Preservation Commission. The Board found the permit was revoked in July 2009, and in October 2009 the area containing the work … <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>
Appellate Court Upholds BSA Approval of Rooftop Additions
Tenant objected to BSA’s interpretation of Multiple Dwelling Law that legalized sixth-floor additions to East Village tenements. In October 2006, Ben Shaoul, the owner of two adjacent five-story tenements located at 514 and 516 East 6th Street in the East Village, filed an application with the City’s Department of Buildings seeking an alteration permit to add two floors to each building. The proposal did not comply with the fire safety requirements of the Multiple … <Read More>
Court overturns BSA’s denial
Court allowed a relaxed standard of review for area variances. George Pantelidis, owner of a five-story townhouse at 116 East 73rd Street in Manhattan, after receiving a permit from Buildings, began construction of a glass-enclosed staircase that connected the second and third floor of the townhouse through the rear yard. From the start of construction, the next door neighbor vigorously opposed the glass enclosure. At Buildings, the neighbor’s objections were addressed by the Borough Commissioner … <Read More>