Administrative Decisions

Pay phone ads ruled illegal

Franchise holder advertised on public pay phones located in a residential zoning district. The Department of Information Technology and Telecommunications charged Coastal Communication Service, Inc., a public pay phone franchise holder, with displaying advertisements on public pay phones within a residential zoning district. Coastal’s franchise agreement limited the display of advertisements on public pay phones to residential districts where commercial or manufacturing uses were permitted as-of-right.

Coastal argued that DoITT had exceeded its authority by … <Read More>

Document loss defeats NOV

Buildings cited 1974 building plan but could not produce it. Buildings issued a notice of violation to the owner of a building for engaging in work that did not conform to an approved building plan. Buildings stated that the owner extended the building beyond the size specified in a 1974 plan. At a hearing, Buildings stated that it could not locate the 1974 plan and relied instead on a copy of a 1959 plan and … <Read More>

Party wall NOV enforced

Owner argued that party wall defects resulted from the neighbor’s demolition. A Department of Buildings inspector observed loose stucco along a parapet and stress cracks along the exterior wall of a brownstone, located at 130 East 35th Street. Buildings issued a notice of violation to the brownstone’s owner Joseph Lipton.

At the hearing, Lipton argued that the adjacent property owner was responsible for repairing the defects, not him, because the wall was a shared party … <Read More>

Buildings wins order to remove sign

ALJ declined to alter agreement that prevented Buildings from enforcing certain Zoning Resolution provisions relating to advertising signs. Buildings inspectors observed an advertising sign exceeding 200 sq.ft. on a building’s facade at 67 Greenwich Street in lower Manhattan. The building’s C5-5 zoning prohibited advertising signs and restricted non-illuminated signs to 200 sq.ft. Buildings charged the facade occupant OTR Media Group Inc. and building owner Syms Corp. with violating the Zoning Resolution and the construction code, … <Read More>

Architect will be supervised

Architect self-certified applications with incorrect zoning. Architect David Nagan was hired in 2004 to prepare a zoning analysis for two adjacent lots in Queens. Nagan determined the lots were in an R3 district, which allowed for the construction of two, two-family semidetached homes with a common wall along the lot line. In April of 2005, the City Council rezoned the lots to R3X, a zoning district that prohibited semi-detached homes. About six months after the … <Read More>

Indicted lab keeps license

Buildings’ suspension of license pending criminal trial overturned by OATH. On October 29, 2008, Testwell Laboratories, a licensed concrete testing laboratory, and V. Reddy Kancharla, a licensed site safety manager, were indicted on charges of enterprise corruption, grand larceny, scheme to defraud, offering a false instrument for filing, and falsifying business records. The next day, the Department of Buildings imposed pre-hearing suspensions on both, claiming that their conduct created imminent jeopardy to the public … <Read More>