UPDATED: Construction Shutdown: Preserving Land Use Approvals

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 … <Read More>


BSA Renews Construction Permit in Rezoned Area

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 … <Read More>


BSA Permits Construction on Unmapped Street

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.


Comment on Peyton v. NYC BSA

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 … <Read More>


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

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 … <Read More>


Wide Opposition to New Facade and Addition to Building Important in the History of the Abolitionist Movement

With previous development plan stopped mid-operation by DOB permit revocation and landmark designation, applicant sought approval for the creation of a rear addition, a two-story roof addition, and a new brick-faced facade. On September 20, 2016, the Landmarks Preservation Commission held a public hearing on a proposal for alterations and additions to 339 West 29th Street, in the Lamartine Place Historic District. The building was constructed in 1847, and underwent alterations in … <Read More>