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…)

Developer’s plan to build dorm requires connection to a local school. In 1999, the City auctioned off the lot at 605 East 9th Street, containing the former P.S. 64 building, to Gregg Singer by a deed restricting it to a community facilities use under the zoning code. Singer applied for permits to construct a 19-story “college or student school dormitory” with floor plans showing units with bathrooms and kitchens. Buildings objected, asking Singer to prove that the building would be a dorm since dorms could be constructed with a greater floor area than a residential building.

Buildings asked Singer to show institutional control of the property by a lease or deed with a local school. In response, Singer explained that he would form a non-profit and have participating school representatives sit on its board. Buildings rejected the plan and denied the permit; Singer appealed to BSA, which upheld Buildings’ decision. 2 CityLand 152 (Nov. 15, 2005).

Singer then filed an article 78 petition, arguing that Buildings must issue permits for projects that comply with the code and lacked authority to add an institutional connection condition since the code did not require it. Singer also cited to the restriction in the City’s deed as a sufficient limit on the property’s use. (read more…)