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”.

Following a policy change this Summer - where the DOB instituted a new appeals and complaint procedure – the “final determination” is now the issuance of a new building (or alteration) permit.  There is to be no more appeals after a permit is issued and the time period for review by the BSA has ended.

So, can developers/owners rest easy – and move forward with full confidence that once they pull a permit and wait the 30 days for a BSA Appeal nothing can stop them?  Not exactly.  It has been suggested that if a “mistake is made” (by DOB) and a permit is issued “in error”, then this “mistake” can be appealed to the BSA long after 30 days.  It isn’t clear what a “mistake” is — and the new Appeal procedures have yet to be tested.  ZONE will be following this carefully.