Howard Goldman speaks to the Board of Standards and Appeals. Image credit: BSA

BSA permitted construction on a lot covering a mapped but unbuilt portion of Fulton Street.  On October 28, 2014 the Board of Standards and Appeals voted to grant the applicant, 92 Henry Fulton LLC, a bulk regulations waiver to allow construction of a proposed seventeen-story mixed residential and commercial building on a vacant lot.  The lot is located at 92 Fulton Street in Manhattan’s Financial District, between William Street to the west and Gold Street to the east.

On June 19, 2014 the Department of Buildings denied the LLC’s application because the proposed development partially lies within the bed of a mapped but unbuilt portion of Fulton Street, violating bulk regulations.  The LLC filed an appeal with the Board, requesting a waiver of the bulk regulations under General City Law §35.  GCL §35 permits the Board to issue a waiver to address noncompliance where construction is located within and outside of a mapped street and the zoning lot complies to applicable regulations as if the street were not mapped.

A public hearing was held by the Board on October 7, 2014.  At the hearing, Howard Goldman testified for the applicant.  Mr. Goldman previously submitted testimony that in July 1961, the unbuilt portion of Fulton Street was mapped in connection with a proposed widening of the street.  No steps were taken by the City to actually widen Fulton Street, yet the City Map continued to reflect the proposed widening.  Mr. Goldman confirmed the Fire Department of New York, the Department of Environmental Protection, and the Department of Transportation had all submitted statements of no opposition to the Board regarding the proposed construction.    No opposition was raised at the hearing.

The Board found if the lot was measured from the existing built width of Fulton Street instead of the mapped width, the proposed building would comply with setback requirements.  On October 28, 2014 the Board voted 4-0 to grant the waiver, on the condition DOB reviews and approves plans associated with the Board’s waiver approval.

BSA: 92 Fulton Street, Manhattan (106-14-A) (Oct. 28, 2014) (Goldman Harris LLC, for 84 William Street Property Owner LLC, owner).

By:  Michael Twomey (Michael is the CityLaw Fellow and a New York Law School graduate, Class of 2014).