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>
Search Results for: Article 78
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>
20-story hotel may be built based on 1963 variance
Court found zoning lot merger to be a technical amendment to prior BSA resolution granting variance; new variance not required, nor is environmental impact statement. BSA granted the College of St. Francis Xavier a variance in 1963 on the condition that Xavier’s proposed development conform to the site plan submitted with the original application. In 2008, Xavier agreed to merge its zoning lot with an adjacent lot owned by Clothing Workers Center Incorporated. Clothing Workers … <Read More>
Landmarks to change designation procedure
Landmarks must promulgate rules that encourage a more timely and transparent processing of landmark nominations. Upon receiving a Request for Evaluation, or an official landmark nomination submitted by the public, Landmarks’ Request for Evaluation Committee would screen the nomination to determine if further consideration was appropriate. If further consideration was warranted, the Committee would send the nomination, a photograph, a statement of significance, and the Committee’s recommendation to each Landmarks Commissioner for comment. When all … <Read More>
BSA variance on Staten Is. residential site upheld
Appellate Division reverses lower court in a three-two opinion. GAC Catering Inc. purchased a one-family home on the corner of Otis Avenue and Hylan Boulevard in Staten Island, across the street from its catering business. GAC demolished the house, and applied to BSA for a variance from residential zoning in order to construct a two-story commercial building to be used as a photography studio in conjunction with GAC’s catering hall. In support of its application, … <Read More>