BSA’s denial of special permit upheld by Second Department

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>


Audit faults Buildings on enforcement procedures

Audit found inadequate follow-up on violations; DOB to implement most, if not all,of Comptroller’s recommendations. City Comptroller William C. Thompson issued an audit report on Buildings’ handling of Building Code and other violations. The audit determined that Buildings’ follow-up efforts on violations were insufficient, not only because of program deficiencies, but also because Buildings lacked the authority to re-inspect flagged sites without a warrant and to compel property owners to remedy violations. As a result, … <Read More>


BSA allows Buildings to revise permit

Buildings mistakenly issued a certificate allowing conversion of SROs. The owner of a four-story building located at 614 West 138th Street sought to convert single room occupancy units to Class A apartments, which requires a Certificate of No Harassment from the New York City Department of Housing Preservation and Development before Department of Buildings approval.

When the owner applied to HPD for a certificate, HPD denied the request because it found reasonable cause to suspect … <Read More>


Council considers Landmarks- Buildings coordination

Proposed law would prevent owners from undermining designation process. On October 23, 2007, the City Council’s Subcommittee on Landmarks, Public Siting & Maritime Uses heard testimony regarding a law that would protect buildings throughout the landmark designation process.

The proposed law, introduced by Council Member Rosie Mendez, would prevent owners from altering or demolishing a potential landmark before it can be officially designated as such by Landmarks. Under the proposed law, Landmarks would inform the … <Read More>


BSA rejects Buildings interpretation of Sliver Law

Residents prevail on claim that Manhattan building violated height limit. In 2006, the owner of 515 East Fifth Street self-certified a permit to add a sixth story and penthouse addition to the building. With construction underway, local residents and Manhattan Borough President Scott Stringer complained to the Department of Buildings that the penthouse violated the 60-foot height limit set by the zoning resolution’s Sliver Law, which limits building heights in certain districts to either the … <Read More>


First Department orders BSA to issue variance

Court affirmed power to overturn BSA even when it failed to consider all five variance factors. In 1999, George Pantelidis, owner of a townhouse in Manhattan’s Upper East Side, obtained a permit from the Department of Buildings to construct a glass-enclosed stairwell at the rear of his building. The stairwell allowed the Pantelidis family, who occupied the second and third floors of the five-story building, to move about their residence without using the public stairs.… <Read More>