Good faith reliance overcomes BSA’s denial of variance

Owner built glass-enclosed stairwell after receiving approval from Buildings and Landmarks. In 1999, George Pantelidis, owner of a four-story townhouse at 116 East 73rd Street in Manhattan’s Upper East Side Historic District, obtained a Buildings permit to build a glass-enclosed stairwell in the rear yard of the townhouse. The stairwell allowed the Pantelidis family, who resided on the first two floors, to go from one floor to another without using the public stairs. Prior to … <Read More>


Permits extended due to substantial progress on foundations

Work to continue on 19 and 13- story buildings in recently rezoned Bronx neighborhood. On December 7, 2004, BSA granted two permit extensions, allowing work to continue on two new developments that will exceed the height limitations set by the City Council’s September 2004 approved rezoning in the Bronx.

On September 28, 2004, the City Council rezoned a 30-block area of Central Riverdale and Spuyten Duyvil, which restricted new buildings to six or seven-story heights. … <Read More>


Refusal to issue school seating certification upheld

Staten Island residential developer denied certification. Salvatore Culotta wanted to build 12 dwelling units in six detached residences on property he owned in the Special South Richmond Development District, a special zoning district created by the City in 1977. Before applying to Buildings for a permit, however, Culotta was required to apply to City Planning for a certification that there was sufficient school capacity to accommodate the expected increase in school children. When Culotta filed … <Read More>


Water filtration plant goes forward

Water filtration plant survives two lawsuits. In a 1997 settlement agreement with the federal government, the Department of Environmental Protection agreed to build a filtration plant for the Croton Reservoir. DEP selected 23 acres in Van Cortlandt Park in the Bronx to build the plant. In 200 1 , the Court of Appeals ruled that extended construction on park land required State approval. 7 CityLaw 41 (200 1 ). I n 2003, the state legislature … <Read More>


BSA Rebuffs Appeal Over Domestic Abuse Shelter

Group claimed shelter violated use limitations. A community group appealed the City’s Department of Buildings’ issuance of a permit allowing alterations to a Brooklyn building to accommodate a domestic violence shelter. Prior to the appeal and after the issuance of the permit, several parties, including the community group, sought an injunction in state court to prevent the shelter from occupying the building and from performing the permitted work. The court dismissed the complaint, finding that … <Read More>


DOT Releases Final Rules for Permanent Outdoor Dining Program

Almost two years after the City Planning Commission’s zoning text changes, applications for the permanent program are expected to open next month. On February 2, 2024, the Department of Transportation released the final rules for the permanent outdoor dining program, “Dining Out NYC.”  Through the new program, outdoor dining will be expanded citywide on sidewalks year-round and in roadways seasonally from April through November.