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    Court rejects challenge to Chelsea homeless shelter

    Department of Buildings  •  Chelsea, Manhattan

    Group claimed shelter was not an as-of-right use and exceeded maximum number of beds. In 2010, the Bowery Residents’ Committee obtained a permit from Buildings to convert a twelve-story building at 127 West 25th Street into a private not-for-profit homeless shelter, drug treatment center, and offices. BRC planned to provide a 200-bed homeless shelter, a 96-bed reception center for the homeless, a 32-bed chemical dependency crisis center, and outpatient counseling services for up to 100 individuals. Buildings considered the uses as a transient hotel and professional offices, which are permitted as-of-right under the site’s M1-6 zoning regulations.

    A group of local residents, known as the Chelsea Flatiron Coalition, challenged the issuance of the permit at BSA. The Coalition claimed, among other things, that Buildings should have considered the shelter as a non-profit institution with sleeping accommodations, a health related facility, or other uses which are prohibited in a M1-6 district. The Coalition also claimed that the 328-bed facility violated a provision of the administrative code limiting a homeless shelter to 200 beds. The coalition also filed an article 78 petition challenging the permit, but a lower court stayed the proceeding until the Coalition had exhausted its administrative remedies at BSA.

    BSA denied the appeal, ruling that for zoning purposes the facility qualified as a transient hotel because BRC would provide a telephone, 24-hour desk service, and laundry services. Further, the sleeping accommodations would be separated from the offices by different entrances. BSA did not consider whether the facility exceeded the code’s 200-bed limit, noting that the Department of Homeless Services was responsible for enforcing that provision, not Buildings. 8 CityLand 59 (May 15, 2011).  (read more…)

    Tags : Bowery Residents' Committee, Chelsea Flatiron Coalition
    Date:11/15/2011
    Category : Court Decisions
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    BSA denies challenge to twelve-story homeless shelter

    Appeal  •  Chelsea, Manhattan

    Community group argued that proposed homeless shelter did not qualify as a hotel under the zoning resolution. Buildings in 2010 issued the Bowery Residents’ Committee a permit to convert a twelve-story factory building at 127 West 25th Street in Chelsea to a homeless shelter and offices. BRC planned to create a 32-bed chemical dependency crisis center, a 96-bed reception center for the homeless, a 200-bed homeless shelter, and two outpatient counseling programs serving up to 100 individuals. The site is zoned for manufacturing and, prior to applying for the permit, BRC received confirmation from Buildings that the homeless shelter would be considered an as-of-right transient hotel use.

    A group of local residents and business owners, known as the Chelsea Flatiron Coalition, opposed the shelter. The Coalition sued to stop the project, but a lower court stayed the litigation until the Coalition had exhausted its administrative remedies by challenging Buildings’ permit approval at BSA. (read more…)

    Tags : 127 West 25th St., Board of Standards and Appeals, Bowery Residents' Committee, Chelsea Flatiron Coalition
    Date:05/15/2011
    Category : Board of Standards & Appeals
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