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Lower East Side Zoning Conflicts

Brian_Redlein

In November, 2008, City Planning approved a zoning change for the Lower East Side, which down-zoned the area for smaller buildings. This change, intended to limit high rise development in the area, was intended to put an end to the practice of developers purchasing air rights above smaller building and building larger structures.

Recently, the DOB has begun issuing stop work orders to construction projects in the Lower East Side and East Village that were filed as Alteration Applications under the prior zoning.
 
Construction projects filed as new buildings that had their foundations completed by that date were grandfathered under the old zoning.  Projects filed as alterations would, in many cases, need to have had construction completed by that date to be grandfathered.
 
The DOB is currently reviewing alteration applications that were pending on the effective date of the zoning change and issuing stop work orders to require the developer to substantiate the grandfather status of the project. 

If the project filed as an alteration was not completed by the effective date of the zoning change, the only remedy may be an application to the Board of Standards and Appeals.

Posted by Brian Redlein

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