Court orders advance condemnation payment

Over one year after City took title of Staten Island property,owner had not received advance payment. As part of the 1989 stormwater management plan developed for Staten Island, the City began acquiring property consisting of stream corridors and wetlands collectively known as the Bluebelt. One property, owned by Ramfis Realty, was part of the eminent domain acquisition approved by the City Council in 2005. Although title had passed to the City in 2008, Ramfis had … <Read More>


Buildings wins order to remove sign

ALJ declined to alter agreement that prevented Buildings from enforcing certain Zoning Resolution provisions relating to advertising signs. Buildings inspectors observed an advertising sign exceeding 200 sq.ft. on a building’s facade at 67 Greenwich Street in lower Manhattan. The building’s C5-5 zoning prohibited advertising signs and restricted non-illuminated signs to 200 sq.ft. Buildings charged the facade occupant OTR Media Group Inc. and building owner Syms Corp. with violating the Zoning Resolution and the construction code, … <Read More>


Transient hotel order overturned

City claimed that West Side residential buildings were illegally converted to transient hotels. In October 2007, a lower court granted the City’s request for a preliminary injunction against three Upper West Side residential buildings, the Montroyal, the Continental, and the Pennington, ordering them to stop using the SROs as transient hotels. The court found that the transient use violated both the Zoning Resolution and the buildings’ certificates of occupancy. Although the multiple dwelling law allowed … <Read More>


First Department orders BSA to issue variance

Court affirmed power to overturn BSA even when it failed to consider all five variance factors. In 1999, George Pantelidis, owner of a townhouse in Manhattan’s Upper East Side, obtained a permit from the Department of Buildings to construct a glass-enclosed stairwell at the rear of his building. The stairwell allowed the Pantelidis family, who occupied the second and third floors of the five-story building, to move about their residence without using the public stairs.… <Read More>


Yeshiva ordered to close catering business

DOB wins appeal modifying C of O issued in error. Yeshiva Imrei Chaim Viznitz, located on 53rd Street in Boro Park, Brooklyn, operated a catering hall out of the basement of its three-story building containing its school and synagogue. The Department of Buildings applied to BSA to revoke the building’s 1999 certificate of occupancy. Buildings claimed that the certificate listed the catering use in error since the use was prohibited by the site’s residential zoning … <Read More>


Council ordered to grant sidewalk cafe application

Council’s denial of permit based only on community opposition overturned. Jack Bistro, a restaurant at 80 University Place in Manhattan, applied for a sidewalk cafe permit to add outdoor seating. After a public hearing, DCA recommended approval. Community Board 2, which received the application from DCA for comment, recommended denial, citing the community’s “longstanding tradition” against outdoor seating along University Place.

When the application went to City Council, opponents reiterated that the community was against … <Read More>