BSA rejects owner’s argument that case can be based on erroneously certified permit. Trevor Fray applied to BSA to continue construction of a three-family, four-story building at 84-24 168th Place in Briarwood, Queens after the City Council down-zoned Fray’s lot to a zoning that restricted development to oneand two-family detached housing. Fray argued that he had a common law right to continue development of the entire building based on foundation and demolition permits issued before the rezoning and a new building permit that his architect, Figueroa Architects, approved by self-certification 15 days after the rezoning.

Buildings later revoked the new building permit and investigated Fray’s foundation permit, finding it to be erroneously self-certified since it missed several requirements, like a sewer connection approval, a boring test report and a zoning plan showing it complied with the district’s zoning. After Fray and Figueroa failed to respond to Buildings’ concerns about the foundation permit, Buildings revoked it. (read more…)