Sgt_Slaughter
New Member
Jurisdiction: Queens County, NEW YORK
PROBLEM:
I recently obtained a Notice of Objections from the NYC Dept. of Buildings (DOB) on my newly-constructed 3 buildings citing 4 objections, 2 of which I am concerned about:
Zoning Resolution (ZR) Sec. 11-332
"The construction permit and the right to construction automatically lapse 2 years after the effective date of amendment to the zoning map. This area was rezoned from R6 to R4-1 in October 2007. BSA approval required to continue the construction."
ZR 23-011
"Quality housing is not applicable to the zoning lots within the study area in 'Area A' set forth in ZR-23011 if the aggregate blockfronts are substantially occupied by detached or semi-detached 1,2 or 3 family as of August 14, 1987."
I.
With regard to the first objection, the DOB intends to revoke the approval and permit for the reasons set on the objections sheet. I completed the building fully (foundation, electric, plumbing, sidewalk, pavement, tree plantings, etc.) by July 2009 and got a final signoff in October 2009. So I don't understand why I would even fall under this category since my construction was completed within the zoning change grace period (from October 2007 - October 2009). Since I don't need to do any construction, should this objection stop me from obtaining a certificate of occupancy (CO) or a temporary certificate of occupancy (TCO)?
My architect has told me he filed for CO, but I suspect he is not being honest. He has failed to provide this list of objections and a letter he received from the Borough Commissioner for providing good cause to stop the lapse from occurring. Much of the delay in construction is attributed to his slackness. He is also not forthcoming in our conversations and does not execute his duty as an architect in good faith.
I read online that developers have a vested right in a down-zoning situation as long as (1) valid building permits were issued prior to the zoning change, (2) the permits were based on complete plans and specifications, and (3) the foundations were completed prior to the effective date. All these elements have been satisfied in my building.
QUESTIONS:
(1) What can I do to assert my vested rights when the person communicating with the Building Dept. (my architect) is keeping me in the dark?
(2) Can I avoid going through the lengthy process of appealing to the BSA, which can take 6 months to over a year?
(3) How can I fix this problem and obtain a CO/TCO in the meantime?
II.
And the second objection has me puzzled. I know the building falls into "Area A," a R6 district (now converted into R4), which according to ZR 23-011 "may" apply the Quality Housing Program. And my building is a multiple family dwelling that is attached (3 stories with 3 addresses with 3, 2, 3 families respsectively). But how does this rule affect me? Maybe it's the language of the objection that has me confused, but I am not sure what I've done wrong.
Thank you so much for taking the time to answer these questions. I know I've written way too much, but I tried to make my question as detailed as possible so I can get an accurate response.
PROBLEM:
I recently obtained a Notice of Objections from the NYC Dept. of Buildings (DOB) on my newly-constructed 3 buildings citing 4 objections, 2 of which I am concerned about:
Zoning Resolution (ZR) Sec. 11-332
"The construction permit and the right to construction automatically lapse 2 years after the effective date of amendment to the zoning map. This area was rezoned from R6 to R4-1 in October 2007. BSA approval required to continue the construction."
ZR 23-011
"Quality housing is not applicable to the zoning lots within the study area in 'Area A' set forth in ZR-23011 if the aggregate blockfronts are substantially occupied by detached or semi-detached 1,2 or 3 family as of August 14, 1987."
I.
With regard to the first objection, the DOB intends to revoke the approval and permit for the reasons set on the objections sheet. I completed the building fully (foundation, electric, plumbing, sidewalk, pavement, tree plantings, etc.) by July 2009 and got a final signoff in October 2009. So I don't understand why I would even fall under this category since my construction was completed within the zoning change grace period (from October 2007 - October 2009). Since I don't need to do any construction, should this objection stop me from obtaining a certificate of occupancy (CO) or a temporary certificate of occupancy (TCO)?
My architect has told me he filed for CO, but I suspect he is not being honest. He has failed to provide this list of objections and a letter he received from the Borough Commissioner for providing good cause to stop the lapse from occurring. Much of the delay in construction is attributed to his slackness. He is also not forthcoming in our conversations and does not execute his duty as an architect in good faith.
I read online that developers have a vested right in a down-zoning situation as long as (1) valid building permits were issued prior to the zoning change, (2) the permits were based on complete plans and specifications, and (3) the foundations were completed prior to the effective date. All these elements have been satisfied in my building.
QUESTIONS:
(1) What can I do to assert my vested rights when the person communicating with the Building Dept. (my architect) is keeping me in the dark?
(2) Can I avoid going through the lengthy process of appealing to the BSA, which can take 6 months to over a year?
(3) How can I fix this problem and obtain a CO/TCO in the meantime?
II.
And the second objection has me puzzled. I know the building falls into "Area A," a R6 district (now converted into R4), which according to ZR 23-011 "may" apply the Quality Housing Program. And my building is a multiple family dwelling that is attached (3 stories with 3 addresses with 3, 2, 3 families respsectively). But how does this rule affect me? Maybe it's the language of the objection that has me confused, but I am not sure what I've done wrong.
Thank you so much for taking the time to answer these questions. I know I've written way too much, but I tried to make my question as detailed as possible so I can get an accurate response.
