To attorney Paul Selver, the Market Matters Most

When asked to recall projects throughout his 35-year career, land use attorney Paul Selver’s discussion becomes a vivid narrative of how the economy translates into New York City’s physical changes. Selver sees 1977 as the point when developers started looking ahead for the first time; the 1981 to 1988 development boom coincided with the economy’s exuberance and ended with the stock market crash. To Selver, his current projects, like a six-block rezoning in Coney Island, … <Read More>


Court of Appeals upholds restrictive covenant

Language in City approval binds future owners. After foreclosure, the City sold 330 West 86 Street for $340,000 to the tenants under UDAAP, to allow an expedited sale. The deed required the tenants to remove all code violations. Instead, the tenants sold the property for between $1 to $2.25 million. The new owner planned to demolish the building and construct a 15-story residential building. The adjacent co-op sued to stop demolition. A lower court enjoined … <Read More>


Council ordered to grant sidewalk cafe application

Council’s denial of permit based only on community opposition overturned. Jack Bistro, a restaurant at 80 University Place in Manhattan, applied for a sidewalk cafe permit to add outdoor seating. After a public hearing, DCA recommended approval. Community Board 2, which received the application from DCA for comment, recommended denial, citing the community’s “longstanding tradition” against outdoor seating along University Place.

When the application went to City Council, opponents reiterated that the community was against … <Read More>


RFP issued for parking adjacent to BAM

Parking is part of plan for BAM cultural district. The New York City Economic Development Corporation issued a request for proposals seeking developers to construct and operate an underground garage to be located beneath a newly constructed street-level public plaza on the 32,000-square-foot site located across Ashland Place from the Brooklyn Academy of Music. The triangular-shaped downtown Brooklyn lot, bound by Lafayette Avenue, Flatbush Avenue and Ashland Place, is currently used for street-level parking.

As … <Read More>


New inclusionary zoning yields 536 units

HPD reports that an additional 1,139 affordable units are in the pipeline. At the Trends in New York City Land Use and Development forum co-hosted by the Center for New York City Law, HPD reported a total of 536 affordable units in construction and an added 1,139 units in the application phase as a result of the expanded inclusionary housing provisions.

The inclusionary housing provisions allow developers to increase the floor area of a development … <Read More>


Designation of individual sites opposed by owners

Day of hearings on Staten Island properties proved controversial. On April 10, 2007, Landmarks held hearings on the possible designations of eight properties on Staten Island. While some property owners were positive about possible designation, others adamantly opposed. Owners feared that designation would mean reduced property values and restrictive government control of the use and possible modification of their homes.

Among the properties was 5466 Arthur Kill Road in Tottenville, built for an oysterman in … <Read More>