News from Sheldon Lobel, P.C.

2007-2008

In December 2008, Sheldon Lobel, P.C. received a special permit from the Board of Standards and Appeals, pursuant to Section 73-622 of the Zoning Resolution which permitted construction of a 7,900-square foot home within the Midwood section of Brooklyn. The special permit allowed waivers of floor area, open space, side yard and rear yard.

In December 2008, Sheldon Lobel, P.C. was successful in an Article 78 action against the City, overturning a decision of the BSA which denied the grant of a special permit for the enlargement of a residential building in the Manhattan Beach section of Brooklyn.

In December 2008, Sheldon Lobel, P.C. represented the developer of a large residential building in handling complex vesting and zoning lot merger issues at the Department of Buildings.

In October 2008, Sheldon Lobel, P.C. negotiated and closed a transfer of development rights transaction involving access and occupation easements as well as cantilevering one building over the other in connection with the development of a proposed Midtown office tower.

In October 2008, Sheldon Lobel, P.C. was successful in an Article 78 action against the Department of City Planning. A judge overturned a DCP decision which denied a homeowner on Manhattan's Upper East Side the opportunity to file an application for an off-street parking space. The decision directed DCP to accept the application for reasonable review.

In October 2008, Sheldon Lobel, P.C. represented the purchaser of a home in the Riverdale section of the Bronx.

In October 2008, Sheldon Lobel, P.C. secured a positive interpretation from the Technical Affairs division of DOB allowing for the opening of a major gallery/museum facility in the SoHo neighborhood of Manhattan.

In September 2008, Sheldon Lobel, P.C. was successful in an Article 78 action against DOB. A developer in Chelsea was issued multiple stop work orders and then waited months for DOB to issue a determination on its revised materials. Sheldon Lobel, P.C. successfully brought an action compelling DOB to issue a timely determination. A copy of the court decision is available by clicking here.

In September 2008, Sheldon Lobel, P.C. secured a variance from the Board of Standards and Appeals permitting the construction of a three-story multi-family residential building containing 24 units in a single-family zoning district in the Douglaston section of Queens.

In August 2008, Sheldon Lobel, P.C. negotiated the last-minute exclusion of Yeshiva controlled property from the Far Rockaway rezoning.

In August 2008, Sheldon Lobel, P.C. secured a determination that owner had a common law vested right to complete the construction of a six-story, 27-unit residential building. The development had received a stop work order as a result of the Briarwood rezoning in Queens.

In August 2008, Sheldon Lobel, P.C. obtained a special permit from the BSA allowing a homeowner to build a 7,800-square foot house. The property, located in the Midwood section of Brooklyn, could only be built with a 4,000-square foot house as-of-right.

In July 2008, Sheldon Lobel, P.C. represented the seller of a property in the Riverdale section of the Bronx. Sheldon Lobel, P.C. had previously represented the owner of said property in obtaining a variance from the BSA to facilitate the construction of a single-family residence on a substandard zoning lot, as well as secured CPC approval under the Special Natural Area District regulations to allow certain minimal slope disturbance.

In June 2008, Sheldon Lobel, P.C. extended the term of a variance that permits the operation of a public parking garage in the cellar of a large condominium building in the Upper West Side neighborhood of Manhattan.

In April 2008, Sheldon Lobel, P.C. obtained a special permit from the BSA permitting the operation of a Curves fitness establishment in the Springfield Gardens neighborhood of Queens.

In April 2008, Sheldon Lobel, P.C. secured a decision from the BSA rescinding a DOB stop work order and extending the time to complete the foundation of a major development pursuant to Section 11-331 of the Zoning Resolution. The development had received the stop work order as a result of its non-compliance with the new district regulations enacted by the Jamaica rezoning in Queens.

In March 2008, Sheldon Lobel, P.C. obtained a grant of a variance from the BSA to build a six-story religious school in a split manufacturing and residential zoning district in Borough Park. Although the zoning districts would only permit a two-story building, we successfully argued that the needs of the school required additional program space.

In March 2008, Sheldon Lobel, P.C. secured a decision from the BSA that the developer of a 16-story, residential and community facility building in the Fort Greene section of Brooklyn had a common law vested right to proceed with construction pursuant to the zoning in place prior to the Fort Green-Clinton Hill rezoning.

In March 2008, Sheldon Lobel, P.C. obtained a variance legalizing the operation of an auto-body shop located in a former movie theater building in a residential zoning district in the Howard Beach section of Queens.

In February 2008, Sheldon Lobel, P.C. obtained a grant of a variance from the BSA to allow the ground floor of a building located in a restricted manufacturing district in SoHo to be used for a restaurant. Although the zoning district did not permit this use as-of-right, we successfully argued that the property's unique physical conditions did not permit the property to be used productively for manufacturing.

In November 2007, Sheldon Lobel, P.C. obtained a special permit permitting the operation of a physical culture establishment for Silk Day Spa, a luxury day spa in Greenwich Village.

In September 2007, Sheldon Lobel, P.C. was successful in obtaining the approval of the City Council for a rezoning on Coney Island Avenue in Brooklyn. The rezoning application, filed with the Department of City Planning, changed an R5 zoning district to an R6A zoning district.

In July 2007, Sheldon Lobel, P.C. negotiated and closed a transfer of development rights transaction enabling the developer of an overbuilt condominium to secure a Certificate of Occupancy.

In May 2007, Sheldon Lobel, P.C. secured an extension of time to complete construction pursuant to Section 11-332 of the Zoning Resolution for a 15-acre, 15- luxury home development in the Fieldston section of the Bronx.

In May 2007, Sheldon Lobel, P.C. was successful in an Article 78 action against the City, overturning a decision of the Board of Standards and Appeals which denied the applicant the right to continue with construction of a building pursuant to plans approved prior to a downzoning. The State Supreme Court overturned the BSA decision and ordered the building permits reinstated. A copy of the court decision is available by clicking here.