Xmas Comes Early for 1638 8th Ave Developers
Contextual development advocates in the South Slope were stunned last week when the Board of Standards and Appeals vested 1638 8th Avenue, aka Lake Windsor. The Board’s grounds for the action? That the foundation was “substantially complete” by the the time the neighborhood was down-zoned. We don’t claim to be experts on these matters but…
Contextual development advocates in the South Slope were stunned last week when the Board of Standards and Appeals vested 1638 8th Avenue, aka Lake Windsor. The Board’s grounds for the action? That the foundation was “substantially complete” by the the time the neighborhood was down-zoned. We don’t claim to be experts on these matters but does that look like a substantially complete foundation to you? Can anyone explain how this would possibly qualify? A definition of “substantially complete” would probably be a good place to start.
BSA Hearing on 1638 8th Avenue [Brownstoner] GMAP
You can thank Bill De Blasio personally for the great zoning rules – he claims to have had much to do with them. Of course, he lives on 11th street – so not as affected by SoSoSlope development.
References to Pakistan and slums notwithstanding, there are two issues: neighborhood density, and the legal right of neighbors to expect that zoning remains intact. What is the purpose of zoning at all if variances are granted liberally, doubling the density of the street. Property rights belong to those who are affected by building, not just the builders.
Originally the BSA is supposed to rule on minor variances, such as sidewalk permits and the like. I am told that there is some change coming to the scope of future BSA activities. Anyone know more about this?
One other point. when you say:
“Contextual development advocates”
Isn’t that a bit of a joke? Most of that area is a dump, it looks like a run down part of Pakistan. If they are truly advocating contextual development, then they would be advocating more of the same squalor.
Or maybe they are?
Anon 10:54 am
That was kinda my point. Perhaps property rich, but cash poor. Still a middle class ‘hood, for now.
Now, to be “off topic,” Eryximachus, slum?
By definition: NOUN: A heavily populated urban area characterized by substandard housing and squalor. Often used in the plural.
http://education.yahoo.com/reference/dictionary/entry/slum
With houses going for $750K and up and luxury condos sprouting up like pole beans (also going for similar prices), how do us “unfortunate po’ folks” of the South Slope and Greenwood Hts. manage to live in such squalor? By your definition, of course…
OK, to be “on topic,” “substantially complete” by definition means no definition. In all the research we could find during the hearings, it seems the BSA has never ruled in a finite way what “substantially complete” actually is…20%, 50% or 86% as claimed in the last case up before the Board. My belief is that this will evolve into a finite, but grey percentage for “substantial” as the Board hears more vesting appeals under the continuing rezoning of the archaic zoning laws from 1961 around the City.
This one was a mystery to us. Of the 7 properties, 3 have now been vested under the BZY appeal (substantially complete). 2 others under “A” applications which are for financial hardship (i.e. the developer will not make enough profit, which I find even more ridiculous than the BZY appeal). We assumed since 1638 8th Ave also had filed both BZY and A applications (like 400 15th St. and 639 6th Ave, reported on in the papers and this blog) and by the same attorney (who’s lovely pic you all are viewing) that IF they were to vest, it would be under the A application, since there was precedent set by the first 2 properties.
The main argument by the applicant was the COST of the amount of piles and shoring they expended as well as hardship due to repairs to neighboring properties, legal fees, poor soil conditions, etc…what ever. But certainly not focusing on the BZY “% complete” argument.
How this is a BZY vesting, I have no idea. We’ll have to wait to read the BSA’s brief which should be out by the end of the week. Then we’ll be sending our 2 cents to the BSA, not just on this blog.
So, 5 loses, 1 win (a biggie) and 1 to go. Quite a summer…and now into the fall.
Stay tuned.
Are we a nation of laws enforced equally or a nation where government is used by the power elite and their backers over the voices of majority?
i should be an expert, but I fall short. It looks like some sort of cluster footing piles that are grouped and popping up. If thats what is going to hold the building up then technically one might argue that the foundation is complete. Keep in mind the basement of a brownstone isnt the foundation the perimeter walls that support the house are.