photo courtesy of wikipedia

The NSA is often called “No Such Agency” – since its operations are cloaked in secrecy – while the BSA has been called, by the Times, “a (powerful, but) relatively obscure agency”.  See the similarity?

Now, we can’t say that the Nation’s security hangs in the balance at the BSA – but, it does carry out a vital – and often misunderstood – role in City government and zoning law.  It is a powerful and quietly effective and efficient organization.  Like the NSA, it manages to avoid the spotlight, all the while subject to the (exclusive) control of the executive branch.  (NSA’s chief is, of course, appointed by POTUS – code for President of the United States; the BSA is controlled by Hizzoner, the Mayor). (more…)

Image Courtesy of Landmark West!

As reported this week in the Wall Street Journal, an Upper West Side townhouse will have to demolish a top-floor addition (see shaded portion in above image) due to a lack of approval from the Landmarks Preservation Commission (LPC).

In 2005, the owners (at that time) of the townhouse, 12-14 W. 68^th St.,  received a permit from the Department of Buildings (DOB) to construct a 6^th-floor penthouse addition.  15 years earlier, however, the Upper West Side/Central Park West Historic District was created.  The Historic District covers this portion of West 68^th St.  Being in a Historic District, of course, requires approval from the LPC for any alterations to the façade of the building.  No such approval was obtained from the LPC. (more…)

Local Law 11 of 1998 required the inspection and maintenance of facades of buildings greater than 6 stories tall.  Owners must have an architect or engineer inspect all facades of the building (including inner facades not seen from the street).

The façade inspections are required every five years and Cycle 7 starts this Sunday!

There is a staggered, 1-2 year window to file.  The timing depends on the last digit of the building’s block number.

The timing is as follows:

Recognizing that multiple projects are stalled and that building code and zoning issues often cause delays, the City is poised to announce the creation of a City-wide position to work with developers, lenders and private sector ”white  knights” to navigate the bureaucracy.

A pilot Development Coordinator program has recently been launched in Brooklyn and Queens. The City has already created several programs aimed at dealing with the many stalled construction sites around the five boroughs - we have previously reviewed the new “Stalled Projects Program” and the new DOB Appeals Process.  The new Coordinator Position, which will be City-wide and located in the Mayor’s Office of Operations, will be a key contact with regard to these programs and other development-related issues.

We will be watching the appointment closely – we understand that those under consideration are experienced players with close ties to DOB and the real estate legal community.  Stay tuned for an announcement of the Mayor’s pick.

Is DOB’s new Appeals procedure appealing to developers?

Prior to a recent policy change at the DOB, a neighbor could challenge a building permit by bringing an “appeal” of a “final determination” of the DOB to the Board of Standards and Appeals (“BSA”).  Such an appeal was required to be submitted to the BSA within 30 days of a “final determination”.  Problem is, the phrase “final determination” was never defined.  And, neighbors would obtain a letter from the DOB responding to a complaint about, say, a new foundation – long after a permit had been issued.  Then, the DOB’s response to this letter would be their “final determination”. (more…)

The City Council has unanimously approved the ‘Stalled Buildings Bill’.  Earlier this week, we covered the basics behind the bill.  The hundreds of stalled sites throughout the City can now enter the program and ensure, for the time being, that they can retain their permits (potentially vesting them under the old building code, the current zoning, and preventing possible landmarking issues).

On Wednesday, the Council’s Committee on Housing and Buildings unanimously approved the bill, sending it to the full Council.  Before voting on it, however, they made some amendments to the bill.  While it will not be easy or cheap to participate (and remain in good standing) in the stalled sites program, the benefits to developers, property owners, and their lenders is huge.  The City Council’s move to create this program will go a long way towards addressing community concerns surrounding the safety of stalled construction sites while also providing a major benefit to developers during the down market.

The updated bill – 1015A – now has a detailed list of what needs to be included in the maintenance and safety plan.  (more…)