BSA granted four-year extension to complete 63-unit building after City conceded that developer could correct noncompliant plans. In May 2004, Buildings issued developer GRA V LLC excavation and foundation permits for a 63-unit residential building at 3329 Giles Place in the Van Cortlandt Village section of the Bronx. GRA V began excavating the site and pouring the foundation for its proposed six-story building. In September 2004, before GRA V completed the foundation, the City approved the Van Cortlandt Village rezoning plan. 1 CityLand 4 (Oct. 15, 2004). The plan rezoned the project site from R6 to R4A, rendering the proposal out-of-compliance with the zoning resolution.

GRA V applied to BSA to complete the project. Buildings objected, arguing that the foundation permit was invalid because the submitted plans showed the foundation walls penetrating a required1.9- foot setback from the lot line. GRA V claimed that it could amend its plans and build a complying building. BSA agreed with Buildings and denied GRA V’s vested right claim because it lacked a valid permit.  (read more…)