Search Results for: Article 78

Court affirms approval of Brooklyn Sanitation garage

Property owners and neighboring residential buildings sued to stop Sanitation garage. The Second Department affirmed the lower court decision of Justice Abraham Gerges dismissing claims brought by property owners, nearby businesses and residents objecting to the condemnation of land in Clinton Hill, Brooklyn for construction of a Sanitation truck garage. 1 CityLand 48 (Dec. 2004).

The court found the parties’ claims untimely since their challenges to the condemnation were entirely based on the land use … <Read More>

Court upholds BSA’s denial of variance

BSA legalized existing Queens homeless housing facility, but denied request to expand facility. In the 1980s, Homes for the Homeless, Inc. converted an abandoned hotel on Rockaway Boulevard near Kennedy Airport into a 259-bed homeless housing facility; a use which conflicted with the lot’s manufacturing zoning. Over 15 years later, Homes applied to BSA for variances to expand the facility for 91 additional homeless families and legalize the use. The expansion faced significant opposition.

BSA … <Read More>

Yankees Stadium construction proceeds

Court refuses to halt destruction of 377 mature trees. After the City approved the New York Yankees’ plan to construct a new stadium, Save Our Parks, a group of over 100 Bronx residents, filed an article 78 petition challenging the final environmental review and sought an immediate injunction to stop the Yankees’ plan to remove 377 mature trees.

Court refuses to halt destruction of 377 mature trees. After the City approved the New York Yankees’ … <Read More>

BSA’s decision on P.S. 64 upheld

Developer’s plan to build dorm requires connection to a local school. In 1999, the City auctioned off the lot at 605 East 9th Street, containing the former P.S. 64 building, to Gregg Singer by a deed restricting it to a community facilities use under the zoning code. Singer applied for permits to construct a 19-story “college or student school dormitory” with floor plans showing units with bathrooms and kitchens. Buildings objected, asking Singer to prove … <Read More>

Variance denied to homeowner in legal trouble

Queens homeowner sought to legalize lot split to allow sale to proceed. Pei Yu Zhong proposed to split her 11,475-square-foot lot, containing a one-family house, garage and swimming pool, into two developable lots and construct a new home to replace the pool and garage. After receiving a preliminarytax lot from the Department of Finance and a subdivision approval from Buildings, Zhong applied for a new building permit in January 2003. While Buildings was completing its … <Read More>

Whitney Museum gets variance for addition

Whitney Museum’s programmatic needs warrant variances for height, floor area, and retail space. On July 25, 2006, BSA granted variances to the Whitney Museum of American Art in the Upper East Side Historic District, Manhattan. The additions, including a nine-story, 178-foot Renzo Piano-designed tower required variances for height, setback, floor area, and frontage.

On May 24, 2005, Landmarks approved the museum enlargement and issued a permit on January 5, 2006. 2 CityLand 73 (June 15, … <Read More>