BSA found that project did not qualify as an enlargement. In 1999, BSA granted the owner of 155 Norfolk Street in Brooklyn a special permit to enlarge a one-story home. The enlargement was not built pursuant to the approved plans. More than three years later, the owner submitted a different set of plans to Buildings for an as-of-right enlargement and began construction. In 2005, after resolving a series of violations, the owner obtained an alteration … <Read More>
Court Decisions
City’s adult establishment laws upheld
Zoning restrictions against adult businesses survive trial on adequacy of prior study. The Department of City Planning conducted a study on the negative secondary effects of adult businesses in the City, and concluded in 1993 that such businesses increased crime and lowered property values. Based on this study, the City in 1995 amended the zoning resolution to restrict the location of adult businesses in certain areas, banned the enlargement of existing adult uses, and prohibited … <Read More>
Landmarks’ designation process upheld
First Department ruled that preservation group failed to show its members were affected differently than general public. The City’s Landmarks law provides the public with the ability to nominate properties for landmark designation by submitting a Request for Evaluation form. After receiving a request, the Landmarks Preservation Commission’s Request for Evaluation Committee, which includes the Landmarks Chair, screens the nomination in order to determine whether additional consideration is appropriate.
A nomination requiring further consideration is … <Read More>
East Side transfer station clears judicial hurdle
Sanitation proposed to reopen marine waste transfer station near Asphalt Green and Bobby Wagner Walk. After the Fresh Kills landfill on Staten Island closed in 2001, the Department of Sanitation contracted with privately-owned transfer stations, landfills, and waste-to-energy facilities to dispose of residential waste. Sanitation now delivers a large percentage of waste to transfer stations within the City, where tractor- trailers pick up the waste and drive it to landfills in other states.
In 2004, … <Read More>
Stay granted in Sixth Avenue sign removal case
Building owner challenged ALJ’s recommendation to remove advertising sign. Yung Brothers Real Estate Co., the owner of 838 Sixth Avenue, installed at least one advertising sign over a “Bratman Brothers” sign that had existed on the building’s outer wall since at least 1940. In March 2007, the owner received Notices of Violations from Buildings for failing to obtain a sign permit and for violating a 1995 zoning restriction on advertising signs. Four months later, the … <Read More>
Deed restriction fuels more litigation
Developer sought to extinguish deed restriction on Upper West Side property. The City, through the Department of Housing Preservation and Development’s Asset Sales Program, sold 330 West 86th Street in Manhattan to the building’s tenants. Because the property had been designated as an Urban Development Action Area Project, the deed stated that the tenants could only rehabilitate or conserve the existing dwellings, or construct new dwellings permitted by existing zoning laws. The deed also required … <Read More>