logo CityLand
      • Home
      • About CityLand
      • CityLand Sponsors
      • Filings & Decisions
      • Commentary
      • Archive
      • Resources
      • CityLaw
      • Current Issue

    Search results for "Construction"

    UPDATED: Construction Shutdown: Preserving Land Use Approvals

    Commentary  •  Construction  •  Citywide

    Eugene Travers. Image Credit: Eugene Travers/Kramer Levin

    Governor Andrew Cuomo’s executive orders issued in response to the COVID-19 public health emergency halted non-essential construction throughout the City of New York. Many of the halted construction projects enjoyed land use approvals granted by City agencies, and the Governor’s orders did not toll the expiration dates of these approvals. (Update:) Subsequent to the construction shutdown, Mayor Bill de Blasio on April 29, 2020 issued an emergency executive order tolling the expiration dates of certain City land use approvals “for the duration of the [COVID-19] emergency.”  It remains to be seen if legislation will be adopted to provide a more permanent solution to address the time lost during the construction shutdown and the eventual remobilization period.  The New York State Senate passed a bill on May 27, 2020 that would allow the City to extend certain land use approvals issued before March 7, 2020 for up to 120 days beyond their stated expiration dates.*

    Even with these measures, with limited exceptions, the approvals will expire after a period of time unless proactive measures are taken.  Developers and lenders should confirm the status of existing approvals, note their expiration dates (subject to any tolling), and apply for renewals as necessary.

    This article describes the requirements to preserve the rights granted by some common land use approvals, and summarizes the expiration dates and renewal procedures for such approvals. (more…)

    Tags : Board of Standards and Appeals, City Planning Commission, Commentary, construction, coronavirus, COVID-19, Gene Travers, Landmark Preservation Commission
    Date: 05/26/2020
    Leave a Comment

    BSA Renews Construction Permit in Rezoned Area

    Board of Standards & Appeals  •  Vested Rights  •  Lower East Side, Manhattan
    Robin Kramer testifies before the Board of Standards and Appeals. Image credit: BSA

    Robin Kramer testifies before the Board of Standards and Appeals. Image credit: BSA

    Board recognized a vested right to continue construction.  On June 16, 2015 the Board of Standards and Appeals voted to extend a construction permit to the applicant, 180 Orchard LLC, for a twenty-four story mixed commercial- and community-use building at 180 Orchard Street in the Lower East Side of Manhattan.  The building will contain retail on the cellar and ground floors, community space on the mezzanine and second floors, and hotel use through the remaining floors.

    (more…)

    Tags : 180 Orchard Street, Board of Standards and Appeals, Duval & Stachenfeld, vested rights
    Date: 09/08/2015
    Leave a Comment

    BSA Permits Construction on Unmapped Street

    Board of Standards & Appeals  •  Permit  •  Charleston, Staten Island
    Edward Lauria testifies before the Board of Standards and Appeals. Image credit: BSA

    Edward Lauria testifies before the Board of Standards and Appeals. Image credit: BSA

    Board approved a new commercial building on satisfying Fire Department requirements.  On July 14, 2015 the Board of Standards and Appeals voted to grant a permit for the construction of a single-story commercial building at 47 Trioka Way in the Special South Richmond Development District of Staten Island.  The building will be concrete block with metal walls and roof, covering 15,120 square feet of floor area divided evenly among ten storage units and contractor’s establishments.

    (more…)

    Tags : 47 Trioka Way, Board of Standards and Appeals, Edward Lauria, Special South Richmond Development District
    Date: 09/02/2015
    Leave a Comment

    Comment on Peyton v. NYC BSA

    Commentary  •  Court Decisions  •  Upper West Side, Manhattan

    Part of Park West Village. Image Credit: Google Maps

    On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662.  The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to which no deference is owed.  The City Council should follow the lead of the U.S. Congress, which, in the Dodd-Frank Act, legislated a less deferential standard of review for certain actions of an agency widely deemed captive to the industry it is supposed to regulate. (more…)

    Tags : Board of Standards and Appeals, Court Decisions, guest commentary
    Date: 01/11/2021
    (4) Comments

    Court Orders DOB to Revoke Permit and Compel Owner to Remove Floors in Upper West Side Condominium Development

    Court Decisions  •  Article 78  •  Upper West Side, Manhattan

    200 Amsterdam Avenue Rendering Image Credit: SJP Properties

    Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York,  won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit and compel the developers, SJP Properties and Mitsui Fudosan America, to remove the floors that exceed what is permitted under the Zoning Resolution.

    (more…)

    Tags : 200 Amsterdam Avenue, Board of Standards and Appeals, Council Member Ben Kallos, department of buildings, Emery Celli Brinckerhoff & Abady, Herrick Feinstein, Kramer Levin, Mitsui Fudosan America, Municipal Art Society, SJP Properties
    Date: 02/24/2020
    (1) Comment
    1. Pages:
    2. 1
    3. 2
    4. »

    Subscribe To Free Alerts

    In a Reader

    Desktop Reader Bloglines Google Live Netvibes Newsgator Yahoo! What's This?

    Follow Us on Social Media

    twitterfacebook

    Search

    Search by Category

      City Council
      CityLaw
      City Planning Commission
      Board of Standards & Appeals
      Landmarks Preservation Commission
      Economic Development Corporation
      Housing Preservation & Development
      Administrative Decisions
      Court Decisions
      Filings and Decisions
      CityLand Profiles

    Search by Date

    © 1997-2010 New York Law School | 185 West Broadway, New York, NY 10013 | 212.431.2100 | Privacy | Terms | Code of Conduct | DMCA | Policies