Fence blocking public access to beach enjoined

Neighbors win claim of express easement to access beach along Long Island Sound. In 1928, Locust Point Estate subdivided a large parcel of land on the Throgs Neck peninsula in the Bronx into six residential parcels, and recorded a declaration granting to the new owners easements over six private roads including Casler Place, a dead-end street leading to a patch of beach on the shore of the Long Island Sound. Casler Place remained a private … <Read More>


$40,000 fine for illegal sign reversed by lower court

The Department of Buildings failed to appeal both relevant ALJ decisions. In 2006, the owner of 882 Sixth Avenue entered into a licensing agreement with Troystar Inc., a registered outdoor advertising company. The agreement allowed Troystar to install a sign on the facade of the owner’s building. Two years later, the Department of Buildings issued the owner eight NOVs, one for failing to register as an “outdoor advertising company” and seven for failing to … <Read More>


Split court upholds Sunset Park rezoning plan

Dissent argued that City only belatedly added consideration of rezoning’s impact on low-income residents. In April 2009, the Department of City Planning proposed a 128-block contextual rezoning of Sunset Park, Brooklyn. Planning sought to preserve the residential neighborhood’s built character while allowing new construction at a height and scale consistent with existing development. The proposal called for establishing height limits, mapping new commercial overlays to allow a wider range of uses, and applying the … <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>


Court criticizes ESDC over Atlantic Yards

Court orders ESDC to consider whether extended timetable for project’s completion requires supplemental environmental review. In 2006, the Empire State Development Corporation approved the general project plan for Forest City Ratner Companies’ Atlantic Yards project in Brooklyn. The $4 billion project includes a sports arena and sixteen high-rise buildings. Ratner agreed to purchase air rights from the Metropolitan Transportation Authority at the beginning of the project in order to facilitate the development of six … <Read More>


Willets Point redevelopment clears judicial hurdle

Resident and businesses argued City did not fully consider plan’s impact on highway traffic and water supply. In November 2008 the City Council approved a redevelopment plan for Willets Point, Queens. The plan would transform a 61-acre industrial section of northern Queens into a mixed-use neighborhood with more than 5,000 residential units, 1.75 million sq. ft. of retail space, a school, and a hotel. According to the proposal’s environmental review, the City would undertake extensive … <Read More>