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…)

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…)

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…)

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…)

339 West 29th Street. Image Credit: NY Public Library

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 the 20th century. The LLC that owns the property is reported to be controlled by Tony Manoumas. (more…)