Permit grandfathered due to completed excavation and substantial progress made on foundation. On May 10, 2005, BSA granted a permit extension, which allowed work to continue on the development of a 3,037-square-foot, three-story, three-family dwelling located at 1420 Balcom Avenue in Schuylerville, Bronx that exceeded the zoning requirements set by a 2004 rezoning of the area.
On September 28, 2004, the City Council approved a 295-block rezoning in the Throgs Neck section of the Bronx designed to protect the character of the area’s existing low-density, single-family and small multi-family neighborhoods. 1 CityLand 4 (Oct. 15, 2004). Work on the three-family development was required to stop on September 28, 2004, the effective date of the rezoning. Under the zoning resolution, however, the owner had 30 days to apply to BSA for a permit extension. To grant the extension, BSA was required to find that Buildings had issued a lawful permit and that the owner had completed excavation work and made substantial progress on the building’s foundation.
The applicant’s permit had been issued on September 16, 2004, twelve days before the deadline. At the BSA hearing, the applicant submitted several forms of documentation: photographs demonstrating that the excavation was complete and that concrete footings had been poured and reinforced; receipts from concrete and reinforcement bar purchases; letters and affidavits from the contractor and architect; and a receipt reflecting that 51% of the foundation cost had already been incurred. The applicant also stated that work had stopped one week prior to the rezoning date due to the owner’s illness.
BSA granted the permit extension, finding that the applicant submitted sufficient evidence to establish that the excavation was complete and that substantial progress on the building’s foundation had been made. The six-month permit extension to complete the foundation will expire on November 10, 2005.
BSA: 1420 Balcom Avenue (349-04- BZY) (May 10, 2005) (Rothkrug, Rothkrug, Weinberg & Spector, for applicant). CITYADMIN