BSA extends time to complete construction based on common law, not the zoning code. Brooklyn’s South Park Slope neighborhood was rezoned in November 2005 to prevent out-of-scale development, forcing some developers to stop work on projects that no longer conformed to the new zoning. 2 CityLand 161 (Dec. 2005). Two developers in South Park Slope, with projects at 639 Sixth Avenue and 400 15th Street, requested permission to extend their construction time, filing two applications each: one based on the zoning resolution’s provision for extending construction time and a second on common law vested rights.

The owners of 400 15th Street argued that construction of a proposed five-story, 7,035-square-foot residential building was delayed due to poor soil conditions and unstable foundations in adjacent buildings, which resulted in a redesign as well as a lawsuit with a neighbor. The owners also argued that compliance with the new zoning would result in serious economic loss due to reduced floor space, less marketable units, and wasted construction costs. Finally, the owners argued that they had completed substantial work, including demolition, land clearing and excavation, and would lose $577,492 in costs. (more…)

South Park Slope rezoned to protect low-rise character and provide affordable housing. On November 16, 2005, the City Council rezoned 50 blocks of South Park Slope and applied the inclusionary housing program to specific R8A districts along Fourth Avenue, allowing an increase in a building’s floor area with the developers’ commitment to build affordable housing on or off site. The proposal called for the rezoning of an area generally bounded by 15th Street on the north, Fourth Avenue on the west, Prospect Park West on the east, and 24th Street and Green- Wood Cemetery on the south.

At the November 14, 2005 meeting before the Council’s Subcommittee on Zoning and Franchises, Planning Commission Chair Amanda M. Burden referred to the proposal as “emergency zoning,” referencing rapid out-of-character growth in the area. She was supported by a representative from the Fifth Avenue Committee, who expressed concern that a failure to rezone South Park Slope would result in a loss of sound affordable housing due to currently proposed luxury housing. (more…)