Bronx project grandfathered after Court remand

183 East Broadway. Image: CityLand.

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 … <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 upholds BSA ruling denying vested rights

Bronx developer claimed non-compliance with zoning law was minimal and should not impede vesting of rights. Developer GRA V LLC applied for an excavation and foundation permit from the Department of Buildings for construction of a 63- unit apartment building in a neighborhood of one- and two-family buildings within the Bronx’s Van Cortlandt Village. Despite an Administrative Code requirement that permit applications be accompanied by a lot diagram survey prepared by a licensed surveyor, the … <Read More>