Council Member Letitia James opposed vested right claim. On March 4, 2008, BSA allowed construction of a 16-story building at 163 Washington Avenue to move forward despite the fact that the building is out of compliance with the recently adopted Fort Greene- Clinton Hill Rezoning plan. The building will have community facility use on the first floor with residential use in the remainder of the building. It will also have a second- floor terrace, supported by 15 footings that are separate from the building’s foundation.

In May 2007, the Department of Buildings issued the owner a building permit. Two months later, the City adopted the Fort Greene-Clinton Hill Rezoning plan, which put the proposed building out of compliance with the maximum FAR of 1.93 and maximum height of six stories. Buildings issued a stop work order the same day the City rezoned the area. The owner then filed an appeal with BSA, and an application to renew its building permit and extend the time for completion. (read more…)