Vested rights denied despite DOB permit error

Developer failed to inform DOB of error and continued work without a permit. After the City voted to downzone Jamaica Hills, Queens, Hamida Realty applied to BSA, arguing that it had obtained a vested right to continue its development on two adjoining lots located at 87-30 and 87-32 167th Street, north of Hillside Avenue.

When purchased by Hamida in 2001, the two 30-foot lots were joined and contained a single home that Hamida demolished. Hamida … <Read More>


Stapleton Homeport redevelopment plan approved

The future of the Stapleton Homeport. Image used with permission of the NYC EDC and the NYC IDA. All rights reserved.

Site includes former United States Navy base. On October 25, 2006, the City Council approved the comprehensive redevelopment plan for Staten Island’s Homeport, the 35-acre former United States Navy base located in Stapleton and owned by the City since 1995.

City Planning and the New York City Economic Development Corporation proposed five linked applications, … <Read More>


Broadway theater gets green light on air rights

Theatre obtains expanded air rights after Commission modifies plan. Allen Goldman, of Fifth Street Holdings, LLC and SJP Residential Properties, sought to increase the air rights available for sale from the Hirschfeld Theatre on West 45th Street through a text amendment application. The theater site lies within two zoning lots; air rights, however, can only be sold from one lot under the current text. The restricted lot lies within the Preservation Area of the Special … <Read More>


Vested rights case lost

BSA rejects owner’s argument that case can be based on erroneously certified permit. Trevor Fray applied to BSA to continue construction of a three-family, four-story building at 84-24 168th Place in Briarwood, Queens after the City Council down-zoned Fray’s lot to a zoning that restricted development to oneand two-family detached housing. Fray argued that he had a common law right to continue development of the entire building based on foundation and demolition permits issued before … <Read More>


Two Brooklyn developments grandfathered

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 … <Read More>


Mixed public school/ residential development approved

New public school will be among first built since 1970s without City funding; school construction program amended to increase flexibility. The City Council’s Land Use Committee voted yes on two applications that would enable private development of a 520-seat City middle school on the Upper East Side at no cost to the City.

In 1966, the City created the New York City Educational Construction Fund, a public benefit corporation, to allow the leasing of City … <Read More>