2017-249-A APPLICANT – Tarter Krinsky & Drogin New York Central Line, owner; Outfront Media, lessee. SUBJECT – Application August 28, 2017 administrative appeal challenging the Department Buildings' final determination as to whether Department of Building's correctly found that is not exempt, permitted as-of-right, or established legal non-conforming use. M1-2 zoning district. PREMISES AFFECTED – Major Deegan Expressway and S/O Van Cortland, Block 3269, Lot(s) Borough of Bronx. COMMUNITY BOARD #8BX Application ACTION OF THE BOARD – THE VOTE TO WITHDRAW – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown and Commissioner Scibetta…………………………………………….….4 Absent: Commissioner Sheta…………………...………1 Negative: ……………………………………………..0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), acting on a sign application, states in pertinent part: The Department of Buildings is in receipt additional documentation submitted response to the Deficiency Letter from Sign Enforcement Unit and in connection with the application for the registration above-referenced arterial advertising This sign was remanded to the Department for reconsideration of Arterial Registration by the Honorable Michael D. Stallman Index No. 100394/2013. You assert that signage was legally established as of pursuant to the then applicable Resolution Section 42-53 (now Section 55).” Unfortunately, the documentation submitted in support of your assertion, an undated photo showing the back of a sign structure, inadequate to support the registration sign and as such, the sign is rejected registration. Based on the evidence provided, you have not established that the above is: 1) exempt from the City’s registrations; allowed as-of-right; or, 3) legally established as a nonconforming use. Accordingly, sign location will be subject to enforcement action 30 days from the issuance letter; and WHEREAS, this is an appeal for interpretation under Section 72-11 of the Zoning Resolution City of New York (“ZR” or the “Zoning Resolution”) and Section 666 of the New York City Charter, on behalf of Outfront Media LLC (“Appellant”), alleging errors in the above determination pertaining whether an advertising sign at the subject site from the City’s regulations, permitted as lawfully established as a non-conforming use Zoning Resolution; and WHEREAS, the subject site is located zoning district and includes land less than 10 A true copy of resolution adopted by the Printed in Bulletin Nos. 32-33, Vol. 104. Copies Sent To Applicant Fire Com'r. Borough Com'r.
2017-249-A
An administrative appeal challenging the Department of Buildings' final determination as t whether the NYC Department of Building's correctly found that the Sign is not exempt, permitted as-of-right,
BSA Decision
Outcome
Withdrawn
Decided
2019-08-06
Applicant
—
Address
MDE & S/O Van Cortland
Full decision PDF
View PDF →ZR Sections Cited (3)
Decision Excerpt
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