Permit grandfathered due to completed excavation and substantial progress made on foundation. On May 10, 2005, BSA granted a permit extension, which allowed work to continue on the development of a 3,037-square-foot, three-story, three-family dwelling located at 1420 Balcom Avenue in Schuylerville, Bronx that exceeded the zoning requirements set by a 2004 rezoning of the area.

On September 28, 2004, the City Council approved a 295-block rezoning in the Throgs Neck section of the Bronx designed to protect the character of the area’s existing low-density, single-family and small multi-family neighborhoods. 1 CityLand 4 (Oct. 15, 2004). Work on the three-family development was required to stop on September 28, 2004, the effective date of the rezoning. Under the zoning resolution, however, the owner had 30 days to apply to BSA for a permit extension. To grant the extension, BSA was required to find that Buildings had issued a lawful permit and that the owner had completed excavation work and made substantial progress on the building’s foundation. (more…)

Owner converted manufacturing building into residential units. La Perst LLC, owner of a four-story building located at 260 Moore Street in an M1-2 manufacturing district of East Williamsburg, sought to legalize forty residential units in a previously vacant building that had been used for commercial and manufacturing purposes. The owner converted the building into residential units in 2003 contrary to the permissible manufacturing use under the zoning text.

In its application to BSA, La Perst represented that conversion was needed to create productive use of the premises because the building does not have the infrastructure or technology for any asof- right manufacturing facility. The building’s rental value had been greatly diminished, La Perst argued, because the building had been vandalized and occupied by squatters for the six years prior to its conversion into residential units. (more…)

Approval marks the fourth Queens down-zoning in 2005. The City Council voted unanimously to down-zone 40 blocks of Kissena Park, making it the fourth neighborhood in Queens to be rezoned by the Council in 2005.

The Kissena Park down-zoning responded to residents’ concerns over the demolition of structurally sound single-family homes and the construction of out-of-character developments in their neighborhood. As-of-right development within the 40 blocks will now be restricted to one or two-family homes. (more…)

Owner argued that Buildings ordered a halt to excavation to prevent the 14-unit building from being grandfathered. On August 6, 2004, Peter Rendel of DNR Construction applied for a building permit to construct a 14-unit residential condominium building at 1150 Arden Avenue on Staten Island. Three days later, Buildings cited Rendel for removing trees without a permit and issued a stop-work order. Despite the stop-work order, Buildings issued the permit to construct the building on August 10th. One day later, Buildings issued a second stop-work order, alerting Rendel that a permit for tree removal and a City Transit Authority approval letter were required.

On August 12th, the City Council enacted the Lower Density Growth Management controls covering the entire borough of Staten Island to prohibit new out-of-character development in the borough. The new controls rendered the proposed 14- unit building non-compliant and extinguished Rendel’s right to continue with the construction. (more…)

Commission down-zones another Queens neighborhood. On April 13, 2005, the Planning Commission approved another of the Bloomberg administration’s down-zoning initiatives by rezoning 40 blocks of Kissena Park, a small residential neighborhood directly north of its namesake, the 235-acre Kissena Park.

The down-zoning, commenced at the urging of the Kissena Park Civic Association, would be the first rezoning plan passed since 1961 in this predominately one and two-family home residential neighborhood. Designed to match the context of the area’s buildings, the action proposed replacing the current R3-2 zoning with three districts (R2, R3A and R3X) that would generally limit future development to one and two-family homes on all 40 blocks. The current zoning allows rowhouse and large apartment development. The proposal would impact an area generally bound by 45th and 46th Avenues and Parson Boulevard to the east, Rose Avenue and Colden Street to the south and Mulberry Avenue, Union Street and Kissena Boulevard to the west. (more…)