Church converted warehouse within industrial area and held services. In 2002, Abundant Life Alliance Church of New York bought a condo warehouse unit located within the College Point II Urban Renewal Area in Queens to operate a church. At the time of purchase Abundant knew there were restrictions on the warehouse’s use: the urban renewal plan did not list churches as a permitted use, the deed contained a restrictive covenant that required Abundant to comply … <Read More>
Court Decisions
Court remands decision on homeless housing to BSA
Provider of transitional housing appealed denial of variance. Homes for the Homeless, Inc. operated the Saratoga, a transitional housing facility for the homeless on Rockaway Boulevard in Queens. After receiving a request for proposals for added units, Homes applied to BSA for two variances: to legalize the use of its homeless facility, which was located in an M-1 district zoned for light manufacturing, and to expand its homeless units by constructing a new building.
BSA … <Read More>
Appellate court affirms sale of Two Columbus Circle
Preservation group opposes conversion and remodeling of Columbus Circle modernist building. The First Department has affirmed the lower court’s decisions on Landmark West’s challenge to EDC’s sale of Two Columbus Circle to the Museum of Arts and Design. 2 CityLand 141 (Oct. 15, 2005). The appellate court ruled that the group’s challenges to the legality of the Landmark Preservation Commission’s procedures were improperly raised for the first time on appeal. The court also rejected the … <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>
Community Board members may vote on large area rezonings
Community Board members sought advice from Conflicts of Interest Board. Nine members of Community Board 7 in Queens sought an opinion from the Conflicts of Interest Board as to whether they could vote on the Planning Department’s 310-block rezoning proposal for Whitestone, Queens in light of their home ownership in the proposed rezoning area.
The Board advised that voting on rezoning proposals would not violate the Charter’s conflicts of interest rules as long as the … <Read More>
Condo dispute goes back to trial court
Developer sought to build controversial waterfront luxury condos in Brooklyn. In 2003, BSA granted 160 Imlay Street LLC a use variance to convert a six-story industrial building in Red Hook, Brooklyn into 150 luxury condominiums. The Red Hook-Gowanus Chamber of Commerce sued within the 30-day statute of limitations, but named as defendants only the City and BSA. With the limitations period passed, the City moved to dismiss the petition, arguing that the Chamber failed to … <Read More>