BSA extends time to complete construction based on common law, not the zoning code. Brooklyn’s South Park Slope neighborhood was rezoned in November 2005 to prevent out-of-scale development, forcing some developers to stop work on projects that no longer conformed to the new zoning. 2 CityLand 161 (Dec. 2005). Two developers in South Park Slope, with projects at 639 Sixth Avenue and 400 15th Street, requested permission to extend their construction time, filing two applications each: one based on the zoning resolution’s provision for extending construction time and a second on common law vested rights.
The owners of 400 15th Street argued that construction of a proposed five-story, 7,035-square-foot residential building was delayed due to poor soil conditions and unstable foundations in adjacent buildings, which resulted in a redesign as well as a lawsuit with a neighbor. The owners also argued that compliance with the new zoning would result in serious economic loss due to reduced floor space, less marketable units, and wasted construction costs. Finally, the owners argued that they had completed substantial work, including demolition, land clearing and excavation, and would lose $577,492 in costs. (more…)
Controversial West Village developments go forward. After the City rezoned the Far West Village in October 2005, several developers were forced to stop construction on projects inconsistent with the new zoning. Developers of two projects, a 12,325-square-foot project at 163 Charles Street and a two-story addition to a six-story garage at 164 Perry Street, sought BSA approval to grandfather their development plans and continue work. Each developer filed two appeals with BSA, arguing to continue construction under the City’s zoning resolution and claiming that the permit had vested because of substantial time and money spent. BSA allowed the dual appeals.
The developer of 163 Charles Street, a proposed seven-story structure with a penthouse, argued that it met the City’s grandfather provision since it completed excavation and poured 87 percent of the foundation. Alternatively, the developer argued that the permit had vested since it spent $4.5 million for construction materials and fees, equaling 60 percent of the total construction costs, and had demolished the building on the site down to its foundation walls. If it were forced to build a code-compliant building, a new foundation would be needed at added cost. (more…)
Council Member Robert E. Cornegy. Image Credit: NY City Council
Proposed legislation would include requirements to provide information about how to respond to suspected deed fraud. On October 13, 2020, the City Council Committee of Housing and Buildings and the Committee on Finance held an oversight hearing examining the City’s deed theft and deed fraud crisis, and discussed two bills and a resolution aimed at combatting deed theft: Int 1913, Int 1919, and Res 1427. (more…)
200 Amsterdam Avenue Rendering Image Credit: SJP Properties
Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York, won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit and compel the developers, SJP Properties and Mitsui Fudosan America, to remove the floors that exceed what is permitted under the Zoning Resolution.
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Rendering of proposed development in East Harlem, Manhattan. Image Credit: Perkins Eastman Architects
UPDATE: On June 21, 2017, the City Planning Commission the application from the New York City Education Construction Fund and AvalonBay Communities to redevelop a city block in East Harlem to be appropriate. The proposed development would shift the Marx Brothers Playground to the center of the block and facilitate the construction of two buildings at either end. The eastern building would rise eight stories and contain two public high school relocated from other sites. The western building would rise 63 stories and contain over one million square-feet of residential floor area and the Co-op Tech vocational school.
In its report, the Planning Commission noted the need for new public schools citywide and acknowledged that finding adequate sites and securing funding are major obstacles to addressing that need. The Commission stated that the new high schools would “increase the capacity of the existing overcrowded and outdated schools, allowing more students access to their programs.”
The Commission acknowledged public concern over height and uses of the proposed development. The applicant responded to these concerns by lower the proposed height of the skyscraper from 68 stories to 63 stories. The report noted that the School Construction Fund preferred buildings for new schools be five stories tall, and that the height of the tower would allow the eastern building to be at a height in line with that preference. The Commission also wrote that “there is ample light and air around the block . . . providing the site and neighboring properties with unobstructed light and air from the east.” (more…)
