Court reverses order compelling Commission vote

Staten Island landowners claimed delay prejudiced their development application. The three Putter brothers owned a six-acre tract of land in the West Brighton/New Brighton section of Staten Island. Their property was located within the Special Hillsides Preservation District, which requires landowners to obtain Planning Department permission to develop their property. In 1999, the brothers submitted an application to the Planning Department to develop their site with 60 affordable townhouses.

Over the next several years the … <Read More>


Court orders LPC to reevaluate significance of house

Homeowners claimed house was wrongly described in Historic District report. In December 2004, the Landmarks Preservation Commission designated the Douglaston Hill Historic District in Queens. The Mosleys, who had purchased a home in the District in October 2004, sued Landmarks, seeking to do away with the Historic District altogether or alternatively, remove their home from the District. The Mosleys claimed that the designation of the District was arbitrary and capricious because the Commission had denied … <Read More>


Building owner faulted for not clearing vacate order

Rent-stabilized tenant had been forcibly removed from apartment after structural weakness was discovered. After receiving complaints that 223 East 96th Street was shaking, an HPD inspector observed cracks in the rear wall caused by construction taking place on the building next door. In August 2004, the Department of Buildings determined that the building was unsafe and issued a vacate order. Police and firefighters forcibly removed Thelma Farrell, an 81-year old, rent -stabilized tenant from her … <Read More>


Neon illuminated sign ordered removed

Tanning salon had installed sign on 1884 building. Portofino Sun Center, an indoor tanning bed salon, affixed without permits a large neon sign outside its store at 104 West 73rd Street. The building, a Queen Anne style rowhouse built in 1884 and owned by George Hearn, is located within the Upper West Side/Central Park West Historic District.

Landmarks issued a Warning Letter to Hearn for the neon sign and an exterior garbage enclosure, also installed … <Read More>


FDNY order must be appealed to BSA

Owner appealed FDNY order during criminal proceeding for non-compliance. After inspecting Second Avenue Woodworking Corp., located at 4902 Second Avenue in the Sunset Park section of Brooklyn, a fire inspector issued a violation ordering Woodworking to close and seal two out-of-service fuel storage tanks, and to provide the Fire Department with an affidavit certifying the system was closed and sealed. Woodworking sent a letter to the Department stating that the tanks had been removed by … <Read More>


Court orders Buildings not to issue violation

Developer failed to issue Staten Island homeowners final C of O three years after construction was completed. In March 2001, Jamie Minchew and Rocco Rinella hired ATP Development Corp. to build a house at 44 Cottontail Court in Staten Island. Eight months later they closed on the house without a final certificate of occupancy, but ATP agreed it would furnish a final certificate of occupancy within one year. Several temporary certificates were issued up until … <Read More>