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February 12, 2008
DOB-approving a driveway???!!!
Hi,
SO I bought my building 4 years ago with a driveway. Apparently the driveway was installed sometime in the 90's, because the title company I used when getting my mortgage used a survey from the 80's. OK, so about a year ago I received a random violation on the having an illegal "Curb Cut driveway", I then went to re-finance my mortgage and they of course found this violation and are holding 5K in escrow - etc.
I researched what I needed, got a new land survey,filled out the application for a work permit,filed with the DOB and got REJECTED!
How does one contest their ruling?
Comments
Am I correct in interpreting from what you're saying that you were attempting to get a "retroactive" work permit for the driveway work that was performed? If that's the case, I'm not surprised it didn't wash with the DOB. If the work was illegal when performed, I don't think there's any way that it would be regarded as legal now. I suspect that the solution to the situation that the DOB is seeking is the removal of the curb cut and elimination of the driveway.
Posted by: johnife at February 12, 2008 10:03 AM
If this presently illegal driveway extends at least 18 feet beyound the sidewalk you should be able to get the past work legalized. If not, there is no way.
Posted by: guest at February 12, 2008 10:35 AM
you are right that I am attempting to get this permit as "retroactive" - but from what I can gather from the DOB's rules for curbcuts is that my drieway seems to fall under their guidelines(i.e. -not near a hydrant, has enough space from the house, etc) I certainly don't want to give up the driveway! -worse case scenario is when I sell, I can do away with it
however, 4 other people on my block have driveways (one being installed just last year)
Posted by: gemini10 at February 12, 2008 10:41 AM
10:35 - it was measured at 19.1 feet past the sidewalk!!!!
and is 18 feet wide
so not sure why the inspector rejected this!!!!
Posted by: gemini10 at February 12, 2008 10:43 AM
Get rid of it! They suck for the block ANYWAY!!
Posted by: guest at February 12, 2008 11:28 AM
You should have received an objection sheet stating why. Maybe you didn't have all the dimenstions on the plans.
Posted by: guest at February 12, 2008 12:27 PM
Can we see a picture of what we are talking about here?
Posted by: guest at February 12, 2008 3:29 PM
It depends on the zoning where you live, also. For example, in an R5B district, you are not allowed to create a curbcut on a lot narrower than 40 feet.
Posted by: guest at February 12, 2008 3:36 PM
You contest it the good, old-fashioned, New York way. You hire a lawyer.
Posted by: guest at February 12, 2008 4:07 PM
A curb cut for an 18' wide lot? Are you out of your frackin mind?
Intro 619 or 620, once passed, will give the DOT a mandate to fix it themselves and bill you for the work.
It sounds like an illegal curb cut, and your argument is with (a) the seller and (b) your closing attorney / title company.
You're screwed, buddy.
Posted by: guest at February 12, 2008 4:48 PM
A driveway is required to be 18 feet wide? Isn't a car about 6 feet wide?
Posted by: guest at February 12, 2008 4:53 PM
12:27 is right -- there could be any reason for the objection, a misspelling on the Dept of Buildings forms could cause a rejection. What did the objection sheet say was the problem?
Posted by: Smokychimp at February 12, 2008 5:35 PM
3:29 is right. Show us a picture! I bet you have one of the "areaway" parking spots that are bad for everybody except you. What are you hiding?? Show the PIX!
Posted by: guest at February 12, 2008 6:12 PM
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