Applicant claimed new evidence of increased remediation cost. Basile Builders Group applied to BSA for a rehearing on a variance, denied in 2002, for a residential development at 2353 Cropsey Avenue in Bensonhurst, Brooklyn. The original application sought to construct a four-story, 45-foot tall residential building that would have exceeded size, lot coverage and height restrictions and failed to provide sufficient open space or side yards. In its denial, BSA found that Basile failed to prove three of the five required findings, namely that the site had unique circumstances, an as-of-right building was infeasible, and the building was similar in size to neighboring structures.

Claiming that the cost to clean up environmental contamination was unknown in 2002, Basile submitted a new remediation study, which estimated a $900,000 site clean-up cost. Based on this cost, Basile sought the rehearing and approval of a new, slightly larger, six-story residential building, asserting that the increased floor area was necessary to cover the considerable remediation cost. (read more…)