Permits extended due to substantial progress on foundations

Work to continue on 19 and 13- story buildings in recently rezoned Bronx neighborhood. On December 7, 2004, BSA granted two permit extensions, allowing work to continue on two new developments that will exceed the height limitations set by the City Council’s September 2004 approved rezoning in the Bronx.

On September 28, 2004, the City Council rezoned a 30-block area of Central Riverdale and Spuyten Duyvil, which restricted new buildings to six or seven-story heights. 1 CityLand 4 (2004). Work on two developments, a 19-story building at 640 West 237th Street and a 13-story structure at 3220 Arlington Avenue, was required to stop on September 28th. However, under the zoning resolution, these developers had 30 days to apply to BSA for an extension. To grant the extension, BSA had to find that, prior to the rezoning, a lawful permit was issued, excavation work was completed, and substantial progress was made on the new building’s foundations.

Both developers filed timely extension applications but faced significant opposition at their November 9, 2004 BSA hearings from Council Member Oliver Koppell, Assembly Member Jeffrey Dinowitz, State Senator Eric Schneidermann and Community Board 8, among others, testifying in opposition.

Opponents argued that the developers sought to “beat the clock” by seeking permits at the last hour and by accelerating excavation and foundation work, and that the buildings undermined eight years of community work towards more restrictive height limitations. BSA noted that under the zoning resolution’s strict test it could not consider the opponents’ “bad faith” arguments, and found that the facts surrounding issuance, excavations and foundations met the required test.

With 3220 Arlington Avenue, the construction permit was lawfully issued on June 17, 2004, excavation was completed on September 24, 2004, and substantial progress on the foundations was met by the developer’s evidence that 82.4% of the foundation concrete was poured, 90% of the total foundation cost was spent and only 10 days remained to finish the foundation work. For 640 West 237th Street, BSA found that the two permits were both lawfully issued, the excavation permit on August 30, 2004 and the building permit on September 10, 2004. The excavation was completed by September 13, 2004, and the developer had made substantial progress on the foundation with the completion of six of the seven needed footings, 83% of the concrete poured, and 98% of the excavation and foundation cost expended.

For both buildings, BSA granted permit renewals and a six-month extension to complete the foundation, which is set to expire on June 7, 2005.

BSA: 3220-3228 Arlington Avenue (330- 04-BZY) (December 7, 2004) (Howard Goldman, Emily Simons, for Arlington Suites; Charles G. Moerdler, for Community Board 8); 640 West 237th Street (333-04-BZY) (December 7, 2004) (Gary R. Tarnoff, Kramer Levin, Naftalis & Frankel LLP for 3618 LLC; Charles Moerdler for, Community Board 8). CITYADMIN


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