Marvin Mitzner argues before the Board of Standards and Appeals. Image credit: BSA
The Board found the subject site, polluted by past automotive use, carried unique hardship. On March 31, 2015 the Board of Standards and Appeals voted to grant Moshe Packman a variance to facilitate construction of a four-story residential building in Marine Park, Brooklyn. The proposed building is located at 2881 Nostrand Avenue and will contain nineteen dwelling units covering 21,827 square feet.
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.)
Philip Ramulla testifies before the Board of Standards and Appeals. Image credit: BSA
Existing zoning regulations would not have permitted proposed three-story building. On March 4, 2015, the Board of Standards and Appeals voted to grant Mangone Developers Corporation a variance for a proposed three-story senior housing building in Midland Beach, Staten Island. The proposed building is located at 1891 Richmond Road in a Special Natural Area District of Staten Island, at the corner of Richmond Road and Adams Avenue.
First Department recognized retroactive validation of a permit. In 2005, the Board of Standards and Appeals denied recognition of GRA V, LLC’s common law vested right to perform work under a Department of Buildings permit on the grounds Buildings deemed the underlying permit invalid. (See CityLand’s extensive previous coverage here.) A common law vested right occurs when a developer performs substantial work in reliance that the underlying permit or zoning is valid. In 2011, the Board recognized the common law vested right after Buildings indicated its policy to allow an applicant to make minor amendments to plans in order to retroactively validate permits. Fort Independence Park Neighborhood Association brought an Article 78 petition challenging the Board’s 2011 grant, alleging the Board’s determination was arbitrary and capricious.
Eric Palatnik testifies before the Board of Standards and Appeals. Image credit: BSA
Board approved construction after assurances from FDNY. On January 13, 2015 the Board of Standards and Appeals approved a special permit for Carlo Saccheri to construct a two-story commercial building at 44 Marjorie Street in Charleston, Staten Island. The building will be used for the receiving and storage of plumbing supplies, as well as associated office space and commercial truck parking.
