Board found the tunnel approach qualified as an “arterial highway” under the Zoning Resolution. On July 21, 2015 the Board of Standards and Appeals voted to deny an appeal by 121 Varick St. Corp. of a previous Department of Buildings determination that their advertising sign was not established as a lawful non-conforming use. The sign is a 75′ by 75′ illuminated advertising sign placed fifty feet above curb level on 121 Varick Street, Manhattan, … <Read More>
Search Results for: Zoning Resolution
Appellate Court Upholds Decision In Favor Of Adult Entertainment Stores
Court found amendments expanding reach of the adult use zoning resolution to be unconstitutional. In 2002, For the People Theaters and JGJ Merchandise Corp. filed suit to declare the 2001 Amendments to City’s adult use zoning resolution unconstitutional as a violation of the First Amendment. The amendments broadened the resolution to cover any establishment regularly featuring live performances emphasizing specified anatomical areas or sexual activities and restricting or excluding minors. Prior to the 2001 Amendments, … <Read More>
Variance Granted for Construction of Brooklyn School for Medically Frail Children
On July 28, 2015, the Board of Standards and Appeals voted to grant a zoning variance to the applicant, Akerman Senterfitt LLP, for the construction of the Brooklyn School for Medically Frail Children in the Ditmas Park neighborhood of Brooklyn. The construction would yield a pre-kindergarten school at 570 East 21st Street with dormitory facilities for physically-handicapped children who require breathing ventilation and general respiratory care throughout at least part of the school day. The … <Read More>
BSA Upholds Buildings’ Rejection of Accessory Sign
Board rejected arguments an exterior building treatment did not qualify as an accessory sign under the Zoning Resolution. On June 16, 2015 the Board of Standards and Appeals voted to uphold a Department of Buildings’ determination that a design treatment on the north face of a parking garage in the Hell’s Kitchen area of Manhattan constituted an accessory sign in violation of local zoning. The design treatment, on the north face of the garage … <Read More>
BSA Denial of Billboard Permit Upheld on Appeal
Court held Board properly found billboards were prohibited near Holland Tunnel exit. On January 8, 2013 the Board of Standards and Appeals issued two decisions denying an appeal of a Department of Buildings decision to refuse permitting two billboards near the Holland Tunnel exit in Tribeca, Manhattan. Take Two Outdoor Media LLC, the appellant, argued the Holland Tunnel’s exit roadway did not constitute an “approach” to an arterial roadway under §49-16 of the Rules of … <Read More>
ECB Upholds Buildings Advertising Signs Violation in Brooklyn
Board agreed zoning prohibited advertising signs painted on the wall. On March 29, 2014 the Department of Buildings issued five notices of violation against the Respondent, Metropolitan Avenue 298-308 Associates, Inc., for a prohibited outdoor advertising company sign painted onto the wall of 302 Metropolitan Avenue and failing to comply with previous Buildings orders in 2011 to correct previously-displayed signs.