Controversial West Village developments go forward. After the City rezoned the Far West Village in October 2005, several developers were forced to stop construction on projects inconsistent with the new zoning. Developers of two projects, a 12,325-square-foot project at 163 Charles Street and a two-story addition to a six-story garage at 164 Perry Street, sought BSA approval to grandfather their development plans and continue work. Each developer filed two appeals with BSA, arguing to continue construction under the City’s zoning resolution and claiming that the permit had vested because of substantial time and money spent. BSA allowed the dual appeals.

The developer of 163 Charles Street, a proposed seven-story structure with a penthouse, argued that it met the City’s grandfather provision since it completed excavation and poured 87 percent of the foundation. Alternatively, the developer argued that the permit had vested since it spent $4.5 million for construction materials and fees, equaling 60 percent of the total construction costs, and had demolished the building on the site down to its foundation walls. If it were forced to build a code-compliant building, a new foundation would be needed at added cost. (read more…)