Subpoena upheld over public hearing statement

Landmark West! representative altered public official’s statement when she read it during public hearing. Virginia Parkhouse, a Landmark West! representative, allegedly misread a letter from Manhattan Borough President Scott Stringer into the record at a Landmarks Preservation Commission public hearing. Stringer subsequently informed Landmarks of the misstatement, Landmarks complained to the Department of Investigation, and DOI issued a subpoena to Parkhouse. Parkhouse moved to quash the subpoena, claiming that it interfered with her right to … <Read More>


Vested rights claim sent back to BSA

City concedes new facts and requests remand; developer allowed to retroactively correct incorrectly issued permit. Developer GRA V LLC received excavation and foundation permits from Buildings for a proposed 63-unit apartment building. With about 85 percent of the foundation poured, the City downzoned the area, restricting development to one- and two-family houses.

The developer applied to BSA, claiming it had a common law vested right to complete construction based on its foundation permit. Buildings disagreed, … <Read More>


Court affirms dismissal of Atlantic Yards challenge

ESDC’s determination upheld that three blocks outside urban renewal area were blighted. In 2003, Forest City Ratner proposed to redevelop a 22-acre site in Prospect Heights, Brooklyn. The site included portions of the Atlantic Terminal Urban Renewal Area and portions of three privately-owned blocks outside the renewal area. After Ratner’s proposal was accepted, the Empire State Development Corporation designated itself as lead agency for the project under state environmental law. ESDC prepared an environmental impact … <Read More>


Transient hotel order overturned

City claimed that West Side residential buildings were illegally converted to transient hotels. In October 2007, a lower court granted the City’s request for a preliminary injunction against three Upper West Side residential buildings, the Montroyal, the Continental, and the Pennington, ordering them to stop using the SROs as transient hotels. The court found that the transient use violated both the Zoning Resolution and the buildings’ certificates of occupancy. Although the multiple dwelling law allowed … <Read More>


Enforcement of new crane law enjoined

Buildings amended crane law to stop crane owners from de-rating crane tonnage capacity. As part of Buildings’ new construction code, a provision was enacted to limit Class C1 licensed crane operators to single control stations. The provision was meant to limit crane owners’ ability to de-rate a crane’s maximum load capacity. De-rating is the practice of reporting that a crane has a lesser ton capacity than it actually has so that a lower licensee, … <Read More>