Local school affiliation a requisite for building permit. In 1998, Gregg Singer purchased PS 64 from the City, subject to the restriction that the property be used for a community facility. Singer then applied to the Department of Buildings to replace the PS 64 building, located at 609 East 9th Street, with a 19-story dormitory. Buildings asked Singer to provide a lease or deed with an educational institution to prove his proposed building was in fact a “college or school dormitory” and not a residential building, which would disqualify Singer from the dormitory floor area bonus. Rather than fulfill Buildings’ request, Singer proposed to form a not-for-profit to house college and university students. When Buildings denied Singer’s application, he appealed to BSA. But BSA upheld Buildings’ decision, ruling that it was necessary to ask for a proven school affiliation before issuing a building permit for a dormitory, which qualifies for a floor area bonus. 2 CityLand 152 (Nov. 15, 2005).

Singer then filed an Article 78 to reverse BSA’s ruling, but a lower court rejected Singer’s claim. On appeal the First Department reversed, ruling that Buildings’ request for proof of a school affiliation was arbitrary and capricious since a denial based on the lack of a current school affiliation would prevent construction of the dormitory based on a possible future illegal use. If Singer used the building solely as a residential building, Buildings could revoke or deny a certificate of occupancy. The City appealed. 3 CityLand 127 (Sept. 15, 2006). (read more…)

Developer’s plan to build dorm requires connection to a local school. In 1999, the City auctioned off the lot at 605 East 9th Street, containing the former P.S. 64 building, to Gregg Singer by a deed restricting it to a community facilities use under the zoning code. Singer applied for permits to construct a 19-story “college or student school dormitory” with floor plans showing units with bathrooms and kitchens. Buildings objected, asking Singer to prove that the building would be a dorm since dorms could be constructed with a greater floor area than a residential building.

Buildings asked Singer to show institutional control of the property by a lease or deed with a local school. In response, Singer explained that he would form a non-profit and have participating school representatives sit on its board. Buildings rejected the plan and denied the permit; Singer appealed to BSA, which upheld Buildings’ decision. 2 CityLand 152 (Nov. 15, 2005).

Singer then filed an article 78 petition, arguing that Buildings must issue permits for projects that comply with the code and lacked authority to add an institutional connection condition since the code did not require it. Singer also cited to the restriction in the City’s deed as a sufficient limit on the property’s use. (read more…)

Landmarking process begins for P.S. 64, a former school,now facing renovation. On May 16, 2006, Landmarks heard emotional testimony regarding the potential designation of P. S. 64 at 605 East 9th Street in the East Village.

P.S. 64 was built in 1903-04 by C. B. J. Snyder, then superintendent of school buildings for the City. The school is in the French Renaissance Revival style, and built in Snyder’s signature H-plan to maximize light and air at the mid-block site. Several schools designed by Snyder have already been designated landmarks, including Stuyvesant High School and Flushing High School. One of P.S. 64’s innovative features is an auditorium that is directly accessible from the street. When the school was closed in the 1970s, the building morphed into the Charas/ El Bohio community center.

In 1998, a private owner, Gregg Singer, purchased the building and planned to transform it into a dormitory. Buildings denied Singer’s dorm permit application when he failed to show any connection to a New York City school. Singer appealed to BSA, which upheld Buildings’ denial. 2 CityLand 152 (Nov. 15, 2005). (read more…)

Developer planned a 19-story dormitory building without an existing school affiliation. BSA denied developer Gregg Singer’s appeal from a Department of Buildings determination rejecting Singer’s application to build a 1 9- story, 222-unit student dormitory building on the site of former P.S. 64, located at 609 East 9th Street in the East Village. Singer had acquired the five-story, former elementary school from the City for $3.15 million at a 1 998 auction. The existing building served as a school until the 1970’s, after which it housed the CHARAS/EI Bohio community center. The auction sparked three years of litigation through which CHARAS tried, but failed to regain control of the property

The property is located in a residential zoning district (R7-2) and is subject to a deed restriction limiting it to community facility use. Singer applied to Buildings to construct a student dormitory, a permitted community facility use, but Buildings denied his application on March 21, 2005 based on Singer’s failure to submit enough information to establish “an institutional nexus;” a showing that required an educational institution to have some control over the property evidenced by a deed or lease. Buildings required an institutional nexus to distinguish the intended student dormitory use, which is entitled to a floor area bonus up to a 6.5 FAR, from other types of housing that are restricted to an FAR of 3.44. (read more…)