BSA legalizes sixth floor, but not penthouse

BSA had previously revoked permit for buildings’ existing two-story addition. In 2007, the owner of two pre-1948 five-story buildings at 514 and 516 East 6th Street in Manhattan obtained an alteration permit and enlarged the buildings by two stories. The enlarged buildings did not comply with the Multiple Dwelling Law’s fire safety requirements, but Buildings permitted the owner to provide alternative fire safety upgrades. A tenant appealed the decision to BSA, claiming that Buildings was … <Read More>


BSA’s denial of special permit upheld by Second Department

BSA found that project did not qualify as an enlargement. In 1999, BSA granted the owner of 155 Norfolk Street in Brooklyn a special permit to enlarge a one-story home. The enlargement was not built pursuant to the approved plans. More than three years later, the owner submitted a different set of plans to Buildings for an as-of-right enlargement and began construction. In 2005, after resolving a series of violations, the owner obtained an alteration … <Read More>


Vested rights claim sent back to BSA

City concedes new facts and requests remand; developer allowed to retroactively correct incorrectly issued permit. Developer GRA V LLC received excavation and foundation permits from Buildings for a proposed 63-unit apartment building. With about 85 percent of the foundation poured, the City downzoned the area, restricting development to one- and two-family houses.

The developer applied to BSA, claiming it had a common law vested right to complete construction based on its foundation permit. Buildings disagreed, … <Read More>


BSA grandfathers 16-story Lower East Side hotel

Hotel developer admits its foundation work damaged adjacent building. Developer D.A.B. Group LLC received a foundation permit on September 29, 2008 for its planned 16-story Lower East Side hotel at Rivington and Orchard Streets. Excavation work began one week after the City Planning Commission voted to downzone the area. D.A.B. then obtained a full building permit at 2:21 p.m. on the day that the City Council voted to approve the East Village/Lower East Side rezoning. … <Read More>


BSA variance on Staten Is. residential site upheld

Appellate Division reverses lower court in a three-two opinion. GAC Catering Inc. purchased a one-family home on the corner of Otis Avenue and Hylan Boulevard in Staten Island, across the street from its catering business. GAC demolished the house, and applied to BSA for a variance from residential zoning in order to construct a two-story commercial building to be used as a photography studio in conjunction with GAC’s catering hall. In support of its application, … <Read More>


Court upholds BSA ruling denying vested rights

Bronx developer claimed non-compliance with zoning law was minimal and should not impede vesting of rights. Developer GRA V LLC applied for an excavation and foundation permit from the Department of Buildings for construction of a 63- unit apartment building in a neighborhood of one- and two-family buildings within the Bronx’s Van Cortlandt Village. Despite an Administrative Code requirement that permit applications be accompanied by a lot diagram survey prepared by a licensed surveyor, the … <Read More>