DEC denied access to State’s brownfield cleanup program on theory that contamination did not complicate development. In 2007, a developer purchased a 17,700 sq.ft. former parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn, intending to build a 342-unit residential building. An environmental assessment of the site’s subsurface revealed the presence of lead and at least seven semi-volatile organic compounds at levels exceeding regulatory standards. In April 2008, the developer filed an application with … <Read More>
Search Results for: Article 78
Emergency Demolition of Clark Street Building Upheld
Buildings directed wrecking company to partially demolish privately owned building. Buildings received a complaint on a Friday evening regarding a five-story building located at 100 Clark Street in Brooklyn. An emergency response team inspected the site the next day and determined the building was in imminent danger of collapse due to a bulging wall and an out-of-plumb fire escape. The response team recommended immediate demolition to a safe level, and the Brooklyn deputy borough commissioner … <Read More>
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>
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>
Michael B. Gerrard Discusses His Career and the Future of Climate Change Regulation
Michael B. Gerrard, director of Columbia Law School’s Center for Climate Change Law, traces his passion for environmental protection back to growing up in Charleston, West Virginia, a city dominated by major chemical manufacturing companies like Union Carbide and DuPont. As a child, he lived on the banks of the Kanawha River, where large amounts of toxic chemicals had polluted the water and air.
After graduating from Columbia University, Gerrard worked for a local environmental … <Read More>
High Court voids variance
Court of Appeals ruled BSA abused discretion in granting variance. GAC Catering Inc. purchased a single-family home at the intersection of Otis Avenue and Hylan Boulevard in Staten Island across the street from its catering business. GAC demolished the house and applied to the BSA for a use variance to build a two-story commercial photography studio to be used in conjunction with GAC’s catering hall. GAC claimed that commercial uses predominated the area, and that … <Read More>