Commercial Lease - Need to get a C of O changed - and Zoning question?

I have found a commercial space in Brooklyn in an M1-1 zone which is currently listed as a cosmetics manufacturing factory on the C of O (which dates from 1965 – the building is from 1910\. I want to rent this, and use it as a movement studio – and there are some extensive renovations – plumbing, electric, walls and floors. The architect, in consultation with some expeditors says that we will need an Alt-1 permit – changing the C of O – because it is a change of use. (the current owner is not a cosmetics manufacturer – that is left over from the previous owner.) SO – as a tenant – he is expecting me to take care of this – paying for the expeditor, etc. (He will give me a break in the rent, free rent etc. – he just doesn’t want to outlay any cash.) A) I love the space – but I am not sure it makes sense to me to wait to rent something if it takes a long time to get the C of O changed – so how long can I expect for this? As a tenant – would yo uget involved in this? (I like the space a LOT) B) Is it certain that I will need to get a Alt-1? C) Is it ok for my use in that zone?WHat do we put on a C of O for a dance Studio? (School, for instance, might need a variance. THe architect says we could call ti an office?) Help! Thank you!

flyingfish

in Dept. of Buildings (DOB) 9 years and 10 months ago

2

Please log in, in order to post replies!

2 replies

Newest Oldest

ventilated | 9 years and 10 months ago

string(1) "1"
object(WP_User)#4933 (8) {
  ["data"]=>
  object(stdClass)#4910 (12) {
    ["ID"]=>
    string(6) "176829"
    ["user_login"]=>
    string(10) "ventilated"
    ["user_pass"]=>
    string(34) "$P$BWUCXtBMV9NDhOzLR8xPDucYhAddV70"
    ["user_nicename"]=>
    string(10) "ventilated"
    ["user_email"]=>
    string(22) "cupolacoffee@yahoo.com"
    ["user_url"]=>
    string(25) "/forums/users/ventilated/"
    ["user_registered"]=>
    string(19) "2017-08-10 14:25:50"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(10) "ventilated"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(176829)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

In plain English: 1-Of course your LL doesn’t want to lay out the cash, and you would be an idiot to undertake a change in CofO, which is in the domain of the landlord, and not the tenant. 2-You most likely need a special permit for a Physical Culture establishment (though you might be exempt). You can read more at: https://www1.nyc.gov/nycbusiness/description/special-permit-for-physical-culture-establishment http://www.nyc.gov/html/dob/downloads/bldgs_bulletins/bb_2013-010.pdf 3-If you’re getting your information from the LL’s architect, you are not getting good information. Even if consulting an independent professional, you still may not be getting good advice.

flyingfish | 9 years and 10 months ago

string(1) "1"
object(WP_User)#4932 (8) {
  ["data"]=>
  object(stdClass)#4931 (12) {
    ["ID"]=>
    string(4) "3484"
    ["user_login"]=>
    string(10) "flyingfish"
    ["user_pass"]=>
    string(34) "$P$Bnitp.ToEyHPIXPrZngplroxW3fmIl0"
    ["user_nicename"]=>
    string(10) "flyingfish"
    ["user_email"]=>
    string(11) "tk9@nyu.edu"
    ["user_url"]=>
    string(25) "/forums/users/flyingfish/"
    ["user_registered"]=>
    string(19) "2017-08-10 14:16:48"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(10) "flyingfish"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(3484)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

I have since seen that Use 9 of the code is for Theatrical Studios/Dance Studios – so it seems we could fall under that use and not need a variance. I guess my big question is: as a renter – a tenant – would you get involved in a space that needed a C of O change- and you were responsible for filing for it? There’s the wait involved – and the expense. I need to be in business by September – so I’d need to rent alternative space until the construction were done – which is after the C of O was approved. Worth the wait? And the expense? Is there any downside rick to this? Thanks!!