Tenant’s reliance on past front yard requirements tops Buildings’ new policy. Thomas E. Carroll applied to Buildings for demolition and construction permits to build a single-family home on his designated plot at 607 Bayside Drive in Breezy Point, Queens, a 403-acre private community owned by Breezy Point Cooperative. Carroll leased his plot from the Cooperative in 1960, the same year the Cooperative incorporated. Carroll’s plot, like other individual plots in the Cooperative, had been historically treated as a separate zoning lot by Buildings.

Buildings’ practice in Breezy Point was to measure a zoning lot’s front yard footage starting at the center line of an adjacent service road. Carroll’s front lot line was located on the center line of a service road adjacent to the plot. Though the service road was unmapped, it was open, used by residents and emergency vehicles, and accepted by Buildings as a functioning street. (read more…)

DOB revokes Breezy Point resident’s building permit, thereby eliminating BSA appeal. On May 15, 2007, BSA dismissed a contentious case involving the construction of a new year-round home in Breezy Point, Queens, following the Department of Buildings’ revocation of the original permit.

In 2006, Thomas Carroll, a Breezy Point resident for over 50 years, received a permit to construct a new year-round home to replace his deteriorated bungalow. Carroll’s neighbor, Supreme Court Judge James Golia, succeeded in delaying construction several times by complaining to Buildings, obtaining a restraining order and finally filing an appeal to BSA alleging, among other things, that the size of the house violated zoning restrictions for rear and front yards, distance between buildings and parking requirements. Golia’s appeal centered on a claim that Carroll’s plot could not qualify as a separate zoning lot since Carroll did not own it “separately and individually” as required by the zoning resolution. Since the Breezy Point Cooperative owns all the plots in Breezy, BSA’s final decision could have impacted all plots and future building permit applications in the Far Rockaway community. (read more…)

Adjacent neighbor challenges legality of new home construction on cooperative’s land. On March 20, 2007, BSA held a contentious public hearing on an appeal of demolition and new building permits to construct a single-family home in Breezy Point, Queens, located at the western end of the Rockaway Peninsula.

In the early 1900s, New Yorkers started building small, summer bungalows in Breezy Point on land owned by the state. In 1960, Breezy’s predominantly summer residents formed a cooperative to purchase the land from the Atlantic Improvement State Corporation. At the time, the Breezy Point Cooperative surveyed the land and its summer bungalows, leasing “plots” back to residents who paid yearly maintenance, security and other costs. Breezy now contains over 3,500 homes, and each year more residents convert their summer bungalows to year-round homes. (read more…)