Tenant objected to BSA’s interpretation of Multiple Dwelling Law that legalized sixth-floor additions to East Village tenements. In October 2006, Ben Shaoul, the owner of two adjacent five-story tenements located at 514 and 516 East 6th Street in the East Village, filed an application with the City’s Department of Buildings seeking an alteration permit to add two floors to each building. The proposal did not comply with the fire safety requirements of the Multiple … <Read More>
Search Results for: Land Use Law
MTA must compensate for taken trade fixtures
- Fulton Street Transit Center. Image: Mary Gillen.
MTA claimed that compensation for trade fixtures in building taken for transit project would constitute improper windfall payment. Three restaurant tenants in a three-story building at 194 Broadway in Lower Manhattan sought compensation for their trade fixtures after the Metropolitan Transportation Authority acquired the property through eminent domain for its Fulton Street Transit Center project. The three restaurants were separately incorporated, but were owned by the same individual … <Read More>
Short time deadline for service sinks BSA petition
Residents missed deadline to serve BSA after filing petition challenging decision to grant developer time extension to complete hotel. Dutch Kills Partners obtained a permit from Buildings to develop a nine-story hotel at 39-35 27th Street in Long Island City, Queens. With 24 percent of the project’s foundation poured, the City approved the Dutch Kills Rezoning, which rendered the hotel project out-of-compliance with the maximum permitted floor area. 5 CityLand 149 (Nov. 15, 2008).
Fence blocking public access to beach enjoined
Neighbors win claim of express easement to access beach along Long Island Sound. In 1928, Locust Point Estate subdivided a large parcel of land on the Throgs Neck peninsula in the Bronx into six residential parcels, and recorded a declaration granting to the new owners easements over six private roads including Casler Place, a dead-end street leading to a patch of beach on the shore of the Long Island Sound. Casler Place remained a private … <Read More>
Court finds City discriminated in housing project
Judge enjoined City’s redevelopment proposal for area straddling Williamsburg and Bedford-Stuyvesant. In December 2009, the City Council approved the Department of Housing Preservation and Development’s redevelopment proposal for the Broadway Triangle Urban Renewal Area in South Williamsburg, Brooklyn. The seventeen-block urban renewal area was created in 1989 and is primarily located within Community District 1, with a six-block portion within Community District 3. CD 1 is predominately white with a large Hasidic community, and CD … <Read More>
DEC ordered to admit site into brownfield program
- Courtesy of Ismael Leyva Architects.
Court previously overturned DEC’s denial of developer’s application and ordered additional analyses. A developer planned to construct a 341-unit mixed-use building on a 17,700 sq.ft. parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn. An environmental assessment of the site revealed the presence of lead and semi-volatile organic compounds. The developer subsequently applied to the State Department of Environmental Conservation’s Brownfield Cleanup Program.
DEC determined that the … <Read More>