Note.—This resolution Bulletin. Please notify errors so that corrections BOARD MEETING OF: CALENDAR NO.: PREMISES: ACTION OF BOARD THE VOTE — Affirmative: Vice-Chair Commissioner Commissioner Negative: THE RESOLUTION This is an application, time to complete construction to renew building permits (“DOB”), acting on to the effective date A public hearing due notice by publication December 5, 2022. Premises and surrounding The Premises between Third Avenue district and partially With approximately depth, and 15,564 square unfinished five-story, On April 28, 2017, erection of a five-story, The Permit has since on December 12, 2021, NYC City Council (“Amendment”) on Resolution to prohibit, districts, except as Planning Commission by the Zoning Resolution. On December 20, Amendment that amended Commission (“CPC”) Pursuant to the amendment, in use of an existing extension of a transient § 74-803. The applicant automatically under because a new building April 28, 2017, prior Additionally, pursuant from the effective date complete construction Development. Z.R. been completed and the two-year deadline, two terms of not more that “substantial expenditures made, required by any applicable pursuant to the permit.” Due to the COVID-19 144, issued on August six months, through a series of subsequent amended by Mayoral 2021, so that it applied Emergency or August extended through June Order No. 205 ended (August 31, 2020 to deadline under Z.R. obtain a certificate 2021. To avoid the lapse right to continue construction 332, and to renew New Building Application. must “find that substantial expenditures for work required by property pursuant to Because the Permit seeks an extension September 7, 2022, project and, based authorizing work Accordingly, the record lawfully issued. “Under New York land-use benefit unless can be acquired when, demonstrates a commitment granted by effecting expenses to further N.Y.2d 41, 47, 643 the vested right, the so substantial that the improvements Henrietta, 507 F.3d omitted); see also Zahra (recognizing a “protectible use—i.e. a building excavation permit framework, “there is circumstances whereby Kadin v. Bennett, quotation marks omitted). First, the applicant the building permits Application, the owner development of the states that, subsequent date of the Amendment Executive Orders, it the foundation, representing the proposed building. submitted financial checks, a check register, timeline representing January 1, 2021 documenting the costs development. Accordingly, accordance with the Permit, the owner development of the Second, the applicant have been paid or incurred approximately $2,310,346.02 of which was spent this amount was expended piling, shoring, excavating, inspecting the Premises, surveying fees. In support, the total expenditures copies of invoices, canceled documenting the costs development. Accordingly, owner has incurred building. Based on the foregoing, supports the establishment building, under Z.R. basis to warrant renewal with the Permit No. Therefore, it is hereby grant this application, continue construction Department of Buildings, 320862161-01-NB, either already issued expiring on December Adopted by the