logo CityLand
      • Home
      • About CityLand
      • CityLand Sponsors
      • Filings & Decisions
      • Commentary
      • Archive
      • Resources
      • CityLaw
      • Current Issue

    Owner relied on C of O to defeat NOV


    Administrative Decisions  •  Department of Buildings  •  Manhattan Beach, Brooklyn
    08/15/2010   •    Leave a Comment

    Owner had built non-conforming roofed terrace in one side yard and a roofed side-entrance porch in the other. Buildings approved plans for the construction of a residential building at 74 Amherst Street in Brooklyn. The approved plans showed a roofed terrace on the south side yard of the home and a roofed side-entrance porch on the north side. The home was built in 2004, Buildings inspectors signed off on the final construction, and the owner was issued a certificate of occupancy in 2005 which stated that the new building substantially conformed to the approved plans.

    In 2009, an officer from Buildings saw the two side yard structures and issued the owner a notice of violation for having side yards not in conformity with the zoning resolution. An ALJ sustained the NOV after a hearing, finding that the porches were not in conformity with the zoning resolution and that Buildings’ approval of the work could not supersede the zoning resolution. The owner appealed to the Environmental Control Board, arguing that Buildings would not have issued the C of O if the final inspection had revealed zoning resolution violations.

    The Board reversed the ALJ’s decision, ruling that the owner could rely on the C of O as proof that the building complied with all applicable laws. The Board explained that the C of O was binding on all agencies until set aside by the Board of Standards and Appeals or a court of competent jurisdiction.

    NYC v. Marina Margulis, ECB Appeal No. 1000136 (June 24, 2010).

    Share this:

    • Facebook
    • Twitter
    • Email
    Tags : 74 Amherst Street, certificate of occupancy, Environmental Control Board
    Category : Administrative Decisions

    Comment on this article

    Click here to cancel reply.

    Subscribe To Free Alerts


    Follow Us on Social Media

    twitterfacebook

    Search

    Search by Category

      City Council
      CityLaw
      City Planning Commission
      Board of Standards & Appeals
      Landmarks Preservation Commission
      Economic Development Corporation
      Housing Preservation & Development
      Administrative Decisions
      Court Decisions
      Filings and Decisions
      CityLand Profiles

    Search by Date

    © 1997-2010 New York Law School | 185 West Broadway, New York, NY 10013 | 212.431.2100 | Privacy | Terms | Code of Conduct | DMCA | Policies