Permit grandfathered over community’s objections

Community claims developer poured foundation after effective date of rezoning. On June 7, 2005, BSA granted a permit extension, allowing work to continue on the development of a single-family home located at 102 Greaves Avenue in Great Kills, Staten Island that did not comply with the zoning requirements set by a Staten Island 2004 down-zoning. 1 CityLand 4 (Oct. 15, 2004). Work on the single-family home was required to stop on August 12, 2004, and BSA was required to find that the applicant completed excavation work and made substantial progress on the home’s foundation prior to that date.

At the BSA hearing, the applicant submitted receipts, photographs and letters from Buildings, a contractor’s affidavit and proof that 64 percent of the foundation cost had already been incurred. Community Board 3 and Council Member Andrew Lanza opposed the permit extension, claiming that community members witnessed the applicant pouring the concrete foundation after the rezoning date.

BSA granted the permit extension, finding that the applicant submitted sufficient evidence to establish that the excavation was complete and that substantial progress was made on the foundation, relying on a photo taken by Buildings one day after the rezoning that showed substantial completion of the foundations.

BSA: 102 Greaves Avenue (301-04-BZY) (June 7, 2005) (Rothkrug, Rothkrug, Weinberg & Spector, for Medhat Hanna). CITYADMIN

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