City claimed that West Side residential buildings were illegally converted to transient hotels. In October 2007, a lower court granted the City’s request for a preliminary injunction against three Upper West Side residential buildings, the Montroyal, the Continental, and the Pennington, ordering them to stop using the SROs as transient hotels. The court found that the transient use violated both the Zoning Resolution and the buildings’ certificates of occupancy. Although the multiple dwelling law allowed … <Read More>
Court Decisions
Enforcement of new crane law enjoined
Buildings amended crane law to stop crane owners from de-rating crane tonnage capacity. As part of Buildings’ new construction code, a provision was enacted to limit Class C1 licensed crane operators to single control stations. The provision was meant to limit crane owners’ ability to de-rate a crane’s maximum load capacity. De-rating is the practice of reporting that a crane has a lesser ton capacity than it actually has so that a lower licensee, … <Read More>
DOB enjoined from revoking Church’s catering permit
- Third Church of Christ, Scientist on the corner of Park Avenue and 64th Street. Photo:Melanie Cash.
Church contracted with caterer to run year-round private catering affairs. The Third Church of Christ, Scientist, located on Park Avenue and 64th Street in Manhattan, was concerned with its dwindling membership and concomitant lack of funds. Its building required major capital repairs to bring it up to code. In an effort to avoid selling the building, the Church entered … <Read More>
Trump SoHo Wins Appeal
Court finds that BSA’s decision to uphold DOB permits was supported by substantial evidence. The New York City Department of Buildings issued permits for a transient hotel at 246 Spring Street in Manhattan. Believing that the design amounted to an unpermitted residential building in an M1-6 zoning district, SoHo Alliance appealed DOB’s decision to BSA. BSA denied the appeal, 5 CityLand 74 (June 15, 2008), and SoHo Alliance filed an article 78 petition challenging … <Read More>
Site qualifies as brownfield
DEC acted outside its authority by creating “but-for” test to deny eligibility. East River Realty Company LLC owned several contaminated properties in the Murray Hill neighborhood of Manhattan and in 2001 entered them into the NYS Dept. of Environmental Conservation’s Voluntary Cleanup Program. The sites are former Con Edison sites, and are among the largest and most valuable development sites in the City.
Following the enactment of the State’s Brownfield Cleanup Program in 2003, East … <Read More>
Designation of P.S. 64 upheld
- P.S. 64’s landmark designation upheld. See story on page 175. Image: LPC
Court upheld designation even though developer had valid permit to alter facade. 9th & 10th Street LLC owned 605 East 9th Street in Manhattan, the former Public School 64. After the owner received a permit from Buildings to alter the facade, Landmarks designated the site as an individual landmark. In reaching its decision, Landmarks found that P.S. 64 was of special architectural, historical, … <Read More>