One of the buildings designated by the Department of Finance as a primarily residential Class 1 property. Image credit: Office of the New York City Comptroller
The audit report reveals that the misclassification of 140 properties has deprived the City of $1.7 million annually in lost property tax revenue. On February 18, 2016, the Office of the NYC Comptroller publicized the results from its audit of the New York City Department of Finance. The audit sought to investigate whether the Department of Finance had implemented procedures that adequately safeguard against the misclassification of Brooklyn property sites. The Comptroller’s Office and DOF ultimately seem to differ on the definition of “adequate.”
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David Karnovsky argues before the Board of Standards and Appeals. Image credit: CityLand
Board rejected arguments an exterior building treatment did not qualify as an accessory sign under the Zoning Resolution. On June 16, 2015 the Board of Standards and Appeals voted to uphold a Department of Buildings’ determination that a design treatment on the north face of a parking garage in the Hell’s Kitchen area of Manhattan constituted an accessory sign in violation of local zoning. The design treatment, on the north face of the garage at 332 West 44th Street, incorporated the word “BRAVO!” as part of the design.
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Department of Buildings ruled this sign at 302 Metropolitan Avenue was illegal. Image credit: Google
Board agreed zoning prohibited advertising signs painted on the wall. On March 29, 2014 the Department of Buildings issued five notices of violation against the Respondent, Metropolitan Avenue 298-308 Associates, Inc., for a prohibited outdoor advertising company sign painted onto the wall of 302 Metropolitan Avenue and failing to comply with previous Buildings orders in 2011 to correct previously-displayed signs.
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Board finds no evidence the engineer knew or should have known his filed plans were inaccurate. On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB. The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, however when a DOB inspection was conducted on September 25, 2014 the subject building was actually four stories. Mr. Philogene contested the summons with the Environmental Control Board, arguing the amended plans were based on a professional architectural survey given to him by the building owner, and showing the building as three stories tall. Mr. Philogene argued this conformed to his initial personal inspection in February 2014, where the building was three stories, and he did not know or have reason to know the fourth story had been added. The hearing officer credited Mr. Philogene and dismissed the NOV.
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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.
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