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. (read more…)
The Council allowed 75-foot rather than 80-foot height. Following a modification proposed by the Planning Commission, the City Council approved a controversial application by 22 Caton Place Corporation to rezone two lots in Brooklyn’s East Windsor Terrace to facilitate a large residential development.
Caton’s original application received strong opposition from local residents, Brooklyn Community Board 7 and Borough President Marty Markowitz, who complained that the proposed 68-unit, 80-foot tall structure was too large for East Windsor Terrace and, further, that the developer provided no guarantee that, once rezoned, it would not construct an even larger development. Many residents complained about the cumulative impact of Caton’s development when combined with several other projects currently under construction and worried about the impact of dense development on the nearby Kensington Stables, which provides horse rides in Prospect Park. (read more…)
Each school to accommodate over 1,600 students. On May 25, 2005, the City Council approved the New York City School Construction Authority’s proposals for the construction of two new schools: a high school in Sunset Park, Brooklyn, and an intermediate and high school facility in Heartland Village, Staten Island. Student occupancy of both schools is expected to begin in September of 2008.
Sunset Park High School will be located at 932 4th Avenue and 156 34th Street on the block bounded by 34th Street to the north, 4th Avenue to the east, 35th Street to the south and 3rd Avenue to the west, and will adjoin the John D’Emic Park. The 48,000-square-foot site currently contains one and two-story buildings used as industrial warehouses. These buildings will be acquired by the School Construction Authority and replaced with a five-story, 191,000-square-foot building that will serve about 1,640 students. (read more…)
