Building permit extended after Greenpoint-Williamsburg Rezoning. Belvedere III LLC, the owner of 135 North 9th Street in Williamsburg, Brooklyn, applied to reinstate its building permit and extend the time for completion of a new four-story, six-unit mixed-use residential/community facility building with a medical office on the first floor. The development became noncompliant after the Greenpoint-Williamsburg Rezoning in May 2005. 2 CityLand 36 (Apr. 15, 2005), 2 CityLand 51 (May 15, 2005), 2 CityLand 67 (June 15, 2005). Under the zoning resolution, a developer can apply to BSA to renew a building permit that was invalidated by a rezoning if it shows that on the date of the lapse, excavation was complete and substantial progress was made on the foundation.

Belvedere argued that prior to the rezoning, the site was sufficiently excavated and was later backfilled upon Buildings’ instruction, but was not re-excavated due to lack of materials and heavy equipment. Belvedere also showed evidence that portions of the site were left unexcavated to provide access for work and that no further excavation was required for structural or foundation elements. (read more…)