Owner’s application to Buildings failed to disclose actual conditions or intentions with respect to demolition. Alexis Lyublinskiy hoped to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. After his architect self-certified permits, demolition and construction work began that did not match the permits. Lyublinskiy eventually demolished three walls and constructed a two-story home that violated zoning restrictions on floor area, wall height and yard limitations.

The Department of Buildings then issued a stop-work order and notified Lyublinskiy that it planned to revoke the permit. Instead, Buildings issued a letter to Lyublinskiy categorizing the work as an “enlargement” rather than new construction; this allowed him to apply to BSA for a special permit to legalize the work. (more…)

Sports Center received 10-year extension; filed house ruled as-of-right. In 1995, Chelsea Piers, L.P., owner and developer of Chelsea Piers at Piers 59-62 between West 17th and West 23rd Streets in Manhattan, received a special permit from BSA to operate a gym and sports facility on an 181,781-square-foot portion of Pier 60 that eventually became the Chelsea Piers Sports Center and Fieldhouse. The Sports Center contains an 115,960-square-foot health club with a pool and facilities for weightlifting, yoga, aerobics, boxing and pilates. The 65,821-square-foot Fieldhouse provides gymnastics, soccer, basketball, floor hockey, baseball and dance.

When the permit expired, Chelsea Piers requested a 10-year extension for the Sports Complex, but asked that the Fieldhouse be excluded from the permit since the space’s use was now as-of-right. Since the Fieldhouse’s use was uncertain during Chelsea Piers’ development, the owner’s original special permit included it. The owners ultimately decided to operate the Fieldhouse as-of-right under a use definition allowing “gymnasiums used exclusively for basketball, handball, paddleball, racquetball, squash and tennis.” (more…)

Owner required additional permit to complete Plaza Hotel’s conversion plan. When El-Ad Properties bought the Plaza Hotel in October 2004, it proposed to convert the hotel’s 805 rooms into luxury residential condos and use the hotel’s banquet rooms, meeting spaces and existing retail as high-end retail destinations. Public opposition to the plan resulted in a compromise by which El-Ad agreed to maintain 284 hotel rooms and convert the remaining 511 rooms into 181 private condos. During the process, Landmarks designated several of the Plaza’s interior spaces, including the Oak Bar, the Oak Room, the Palm Court, the Terrace and the Edwardian Rooms. 2 CityLand 105 (Aug. 15, 2005).

Because the reduced number of hotel rooms no longer justified accessory retail space, the proposed retail required a special permit. The Plaza sits on a split-zone lot predominately within an R10-H zone, a residential zone that only permits residential use as of right. Only one quarter of the site is zoned for commercial retail uses. The Palm Court, the Oak Room and other commercial space within the Plaza Hotel had been considered accessory to the hotel. (more…)

Eric Palatnik testifies before the Board of Standards and Appeals. Image credit: BSA

The Board granted the permit after confirming the neighborhood’s character would not be altered. On March 10, 2015 the Board of Standards and Appeals granted a special permit to Athina Orthodoxou to enlarge a non-complying two-story two-family home at 337 99th Street, in an R4-1 zoning district in the Special Bay Ridge District of Brooklyn.  The Special District was established in 2005 to protect Bay Ridge from high-density development.  (See additional CityLand coverage here.)

(more…)

155 – 157 Meserole Street. Image Credit: Google Maps.

Neighbor alleged installation of windows in adjacent property interfered with use and enjoyment of his property. A disgruntled property owner claimed that his property was adversely affected when a neighboring building owner, 155 Meserole, LLC, installed new windows on its building. Leonard Sloninski, who owned the property adjacent to the 155 Meserole, LLC, complained to The Department of Buildings that the new windows lowered the value of his own building and prevented him from enjoying his property. Buildings issued a violation to 155 Meserole, LLC, charging that 155 Meserole, LLC had failed to obtain a permit to install the new windows. The Environmental Control Board dismissed the summons. Buildings appealed the decision, but the Office of Administrative Trials and Hearings affirmed the dismissal of the violation. (more…)