Lawyer allegedly failed to cite in opinion letter newly proposed zoning law changes. Santo Nostrand LLC contacted an attorney at Cozen O’Connor to advise on whether it could build a Walgreens store and parking lot on a specified parcel of land in Bedford-Stuyvesant, Brooklyn. The attorney issued an opinion letter on May 24, 2007, which stated that Santo could construct the store and parking lot in conformity with current zoning laws. The Department of City … <Read More>
Search Results for: Rezoning
Six-story condo allowed in rezoned area of Brooklyn
BSA’s decision to deny developer’s request to complete construction was irrational since it had previously granted similar requests. Menachem Realty Inc. submitted professionally certified plans to Buildings for a sixstory residential condominium at 1623 Avenue P in Midwood, Brooklyn. Buildings issued a building permit based on the plans, and Menachem began excavation and foundation work. Before the foundation was completed, Buildings performed an audit of the plans, raised eight objections, and issued a letter stating … <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>
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>
TransGas still pursuing Greenpoint power plant
TransGas seeks to construct a 1,100 megawatt generating facility on land that the City intends to convert to a public park. In October 1999, Brooklyn Community Board 1 submitted plans to the Department of City Planning to rezone the Brooklyn East River waterfront in Greenpoint and Williamsburg. The rezoning was in response to the decline in manufacturing activity and the increase in residential demand in the area. The rezoning also envisioned a 28-acre park on … <Read More>
BSA overturned on Queens vested rights case
Buildings made initial error in not issuing building permit. In 2003, Hamida Realty sought plan approval from the Department of Buildings for two, three-family homes on two adjacent lots that would share a foundation and a common wall. Buildings approved the plans, but Hamida waited over a year to apply for permits. When it applied, Buildings granted the permit for one building, but held the second permit, erroneously requiring Hamida to submit a site safety … <Read More>