After judicial remand, special permit granted for residence

Second Department ordered BSA to determine whether special permit findings were met. In 2005, Alexis Lyublinskiy obtained an alteration permit to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. Initial demolition and construction work did not match building plans, and Lyublinskiy eventually demolished all but one of the original building’s walls and built a two-story house.

Buildings issued a stop-workorder after discovering that the house did not conform to the approved plans. <Read More>


Permit invalidated; builder misrepresented project

Owner misrepresented extent of construction in order to avoid City Planning Commission review of plans. In November 2002, the owner of 366 Nugent Street in Staten Island received a pre-consideration letter from Borough Commissioner Jorge Canepa to enlarge an existing twostory home and replace and relocate existing square footage. The owner informed the borough commissioner that it sought the letter in order to avoid filing for a new building permit, which according to the underlying … <Read More>


BSA’s denial of special permit upheld by Second Department

BSA found that project did not qualify as an enlargement. In 1999, BSA granted the owner of 155 Norfolk Street in Brooklyn a special permit to enlarge a one-story home. The enlargement was not built pursuant to the approved plans. More than three years later, the owner submitted a different set of plans to Buildings for an as-of-right enlargement and began construction. In 2005, after resolving a series of violations, the owner obtained an alteration … <Read More>


Variance denied for Park Slope project

Developer wanted to build three additional townhouses after discovering concrete bunkers during construction of as-of-right development. 25 Garfield Sparta LLC applied to BSA for a variance to build three townhouses on a through-block lot at 580 Carroll Street in Park Slope, Brooklyn. In 2007, the developer obtained permits to build an Enrique Norten-designed five-story condominium at the site that would front Garfield Place, provide open space along Carroll Street, and include nine underground parking spaces.… <Read More>


Building permit upheld despite ongoing litigation

Developer not required to submit a recorded easement or restrictive declaration ensuring rooftop access to adjoining buildings to meet open space requirements. A developer agreed to purchase 144 North 8th Street from Iqbal LLC and two affiliated entities, along with the unused development rights from Iqbal’s adjoining tax lot, to facilitate the construction of a 16-story mixed-use building in Williamsburg, Brooklyn. In order to meet open space requirements for the 16-story design, the developer needed … <Read More>


BSA allows Buildings to revise permit

Buildings mistakenly issued a certificate allowing conversion of SROs. The owner of a four-story building located at 614 West 138th Street sought to convert single room occupancy units to Class A apartments, which requires a Certificate of No Harassment from the New York City Department of Housing Preservation and Development before Department of Buildings approval.

When the owner applied to HPD for a certificate, HPD denied the request because it found reasonable cause to suspect … <Read More>