Local school affiliation not a requisite for building permit. In 1998, Gregg Singer purchased the lot at 609 East 9th Street from the City subject to a deed restriction that the site could only be used for a community facility. Singer then applied to the Department of Buildings to construct a new 19-story dormitory and demolish the P.S. 64 building that occupied the site. Since Singer’s plan showed full kitchens in each unit, Buildings asked Singer to provide a lease or deed with an educational institution to prove the use was in fact a “college or school dormitory” under the zoning text and not a residential building, which would be restricted to a smaller floor area and would violate Singer’s deed restriction. Instead, Singer offered to form a nonprofit, whose purpose would be to house college and university students. When Buildings denied Singer’s application, he appealed to BSA.

BSA upheld Buildings’ decision, emphasizing that, in light of the floor area bonus permitted for dorm buildings, it was necessary to ask for a proven school affiliation prior to issuing a building permit. 2 CityLand 152 (Nov. 15, 2005). A lower court agreed. 3 CityLand 127 (Sept. 15, 2006). (read more…)