Appellate Division Overturns BSA Denial of Sign Registration

The Board of Standards and Appeals had denied the application based on its finding that the signage was an art installation rather than an “advertising sign,” as defined in the Zoning Resolution. Local Law 31 of 2005 amends the regulations governing the usage of outdoor advertising signs by requiring companies engaged in outdoor advertising to submit to the Department of Buildings an exhaustive list of all of the companies’ “signs, sign structures and sign locations” … <Read More>


Court rejects challenge to Chelsea homeless shelter

Group claimed shelter was not an as-of-right use and exceeded maximum number of beds. In 2010, the Bowery Residents’ Committee obtained a permit from Buildings to convert a twelve-story building at 127 West 25th Street into a private not-for-profit homeless shelter, drug treatment center, and offices. BRC planned to provide a 200-bed homeless shelter, a 96-bed reception center for the homeless, a 32-bed chemical dependency crisis center, and outpatient counseling services for up to 100 … <Read More>


Land owners fined, lose outdoor ad challenge

Property owners claimed they could not be fined for lessees’ illegal outdoor advertisements. Four separate property owners leased space on their premises to companies that procured, erected, and/or maintained advertisements in the space. The leases were all long-term. The Department of Buildings issued multiple notices of violation to the owners charging them for failing to register as an outdoor advertising company, failing to obtain a permit or a proper permit for outdoor advertising signs, and … <Read More>


DEC ordered to admit site into brownfield program

Court previously overturned DEC’s denial of developer’s application and ordered additional analyses. A developer planned to construct a 341-unit mixed-use building on a 17,700 sq.ft. parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn. An environmental assessment of the site revealed the presence of lead and semi-volatile organic compounds. The developer subsequently applied to the State Department of Environmental Conservation’s Brownfield Cleanup Program.

DEC determined that the … <Read More>


Denial of State brownfield benefits overturned

DEC denied access to State’s brownfield cleanup program on theory that contamination did not complicate development. In 2007, a developer purchased a 17,700 sq.ft. former parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn, intending to build a 342-unit residential building. An environmental assessment of the site’s subsurface revealed the presence of lead and at least seven semi-volatile organic compounds at levels exceeding regulatory standards. In April 2008, the developer filed an application with … <Read More>


Transient hotel order overturned

City claimed that West Side residential buildings were illegally converted to transient hotels. In October 2007, a lower court granted the City’s request for a preliminary injunction against three Upper West Side residential buildings, the Montroyal, the Continental, and the Pennington, ordering them to stop using the SROs as transient hotels. The court found that the transient use violated both the Zoning Resolution and the buildings’ certificates of occupancy. Although the multiple dwelling law allowed … <Read More>