Cold weather, Christmas, and New Year holiday help justify failing to meet construction deadline. In November 2008, BSA granted a developer three months to complete construction of a five-story apartment building at 126 First Place in Carroll Gardens after the City Council’s approval of a text amendment rendered the construction noncompliant with zoning. Unable to finish construction within the three months, the developer returned to BSA, arguing that conditions outside its control made it impossible to complete the work in time.

No work occurred in the first 14 days due to the Department of Buildings’ delay in lifting its stop-work order. When work could resume, the developer claimed to have no workers since its original crew had moved on to other work during the permit delay. It was then difficult to hire contractors and obtain full-time work due to Christmas and New Year. Unusually cold weather in early January then made exterior and some interior work impossible to complete.

BSA granted an additional year to complete construction.

BSA: 126 First Place (27-09-BZY) (April 21, 2009) (Bryan Cave, for 126 First Place LLC). CITYADMIN