Court of Appeals reversed First Department’s strongly worded opinion. In 2001, Columbia University contacted the City’s Economic Development Corporation in an effort to redevelop West Harlem as part of a campus expansion. Not long after, EDC issued a West Harlem Master Plan that stated that West Harlem could be redeveloped through rezoning. EDC, after it issued the master plan, hired a private firm to examine the neighborhood conditions of West Harlem. The study concluded that … <Read More>
Court Decisions
Engineer barred for two years
Licensed engineer certified altered photos and submitted misleading application to Buildings. Buildings filed charges against engineer Leon St. Clair Nation after discovering he had certified the accuracy of altered photographs and submitted a false application to alter the second floor of a building which did not have a second floor. Buildings specifically charged St. Clair Nation with violating the City’s rules by knowingly or negligently submitting false or misleading documents.
After a hearing at OATH, … <Read More>
Denial of State brownfield benefits overturned
DEC denied access to State’s brownfield cleanup program on theory that contamination did not complicate development. In 2007, a developer purchased a 17,700 sq.ft. former parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn, intending to build a 342-unit residential building. An environmental assessment of the site’s subsurface revealed the presence of lead and at least seven semi-volatile organic compounds at levels exceeding regulatory standards. In April 2008, the developer filed an application with … <Read More>
Coney Island Redevelopment Clears Judicial Hurdle
Community group challenged City’s 47-acre Coney Island rezoning. In 2007, the City unveiled a comprehensive rezoning plan for the redevelopment of a 47-acre portion of Coney Island, Brooklyn. The plan sought to revitalize the iconic beachfront amusement area by transforming it into a year-round amusement and entertainment destination alongside new residential and retail uses. The proposal included rezoning nineteen blocks in order to permit new residential and hotel development around a 27-acre amusement and entertainment … <Read More>
Emergency Demolition of Clark Street Building Upheld
Buildings directed wrecking company to partially demolish privately owned building. Buildings received a complaint on a Friday evening regarding a five-story building located at 100 Clark Street in Brooklyn. An emergency response team inspected the site the next day and determined the building was in imminent danger of collapse due to a bulging wall and an out-of-plumb fire escape. The response team recommended immediate demolition to a safe level, and the Brooklyn deputy borough commissioner … <Read More>
Sunset Park rezoning challenge dismissed
Community groups had claimed City should have conducted a detailed environmental review for 128-block rezoning. In April 2009, the Department of City Planning proposed a 128-block rezoning in Sunset Park, Brooklyn. The rezoning sought to prevent out-of-scale development in the residential neighborhood by applying contextual zoning districts, establishing height limits, and mapping commercial overlays on appropriate blocks to match the area’s built character. The plan included applying the City’s Inclusionary Housing Program provisions to create … <Read More>