Example of an enlargement pursuant to a BSA-approved special permit in Brooklyn Community District 10 (original residence shown on the left). Click Photo to enlarge. Image credit: Brooklyn Community Board 10

Special Permit was meant to allow growing families to expand their familial residences, but Brooklyn Community Board 10 argues that its usage has been abused. On June 20, 2016, a proposal was presented to the City Planning Commission to amend the New York City zoning text relating to the Board of Standards and Appeals Special Permit provisions under Section 73-622, which provides for the enlargement of one- and two-family detached and semi-detached residences. Currently, Section 73-622 only applies to four Community Districts, and it permits additions to the perimeter wall height, and extensions into the requisite rear yards and side yards of the residences located within those Community Districts.

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Eric Palatnik testifies before the Board of Standards and Appeals. Image credit: BSA

The Board granted the permit after confirming the neighborhood’s character would not be altered. On March 10, 2015 the Board of Standards and Appeals granted a special permit to Athina Orthodoxou to enlarge a non-complying two-story two-family home at 337 99th Street, in an R4-1 zoning district in the Special Bay Ridge District of Brooklyn.  The Special District was established in 2005 to protect Bay Ridge from high-density development.  (See additional CityLand coverage here.)

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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.

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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.

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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…)