BSA’s denial of special permit upheld by Second Department

BSA found that project did not qualify as an enlargement. In 1999, BSA granted the owner of 155 Norfolk Street in Brooklyn a special permit to enlarge a one-story home. The enlargement was not built pursuant to the approved plans. More than three years later, the owner submitted a different set of plans to Buildings for an as-of-right enlargement and began construction. In 2005, after resolving a series of violations, the owner obtained an alteration … <Read More>

Trade fixtures claims denied

Owners sought compensation for fixtures that were inconsistent with highest and best use of properties. The City acquired two parcels of land for its West Bushwick Urban Renewal project in Brooklyn. Each property owner sought compensation for trade fixtures, which primarily consisted of fencing, gating, paving, curb cuts, and a sidewalk for a parking lot. The City offered the owners an advance payment for the trade fixtures, but noted that if the land were to … <Read More>

High Court voids variance

Court of Appeals ruled BSA abused discretion in granting variance. GAC Catering Inc. purchased a single-family home at the intersection of Otis Avenue and Hylan Boulevard in Staten Island across the street from its catering business. GAC demolished the house and applied to the BSA for a use variance to build a two-story commercial photography studio to be used in conjunction with GAC’s catering hall. GAC claimed that commercial uses predominated the area, and that … <Read More>