Note.—This resolution is final in the Bulletin. Please notify formal errors so that corrections BOARD OF February MEETING OF: 2023-75-BZY CALENDAR NO.: 1750 PREMISES: Block Application ACTION OF BOARD — THE VOTE — Affirmative: Chair Chanda, Commissioner Ottley-Brown, Commissioner Yoon Negative: THE RESOLUTION — This is an application, of time to complete construction hotel building and renew Department of Buildings amendment to the Zoning Application Nos. 220243074 A public hearing was after due notice by publication on February 23, 2026. The Premises, formerly side of Eastchester Road, Bassett Avenue, within approximately 788 feet of depth ranging from 365 feet the southern lot line, and are occupied by a 5-story unfinished, 10-story, mixed-use III. On July 5, 2013, construction of a 5-story story, mixed-use parking August 27, 2021, the applicant to amend the plans under the project, the addition through 10) which would approved the amended and on November 23, 2021, portion under Permit Within this time, the applicant and on November 1, 2021, No. 2130662 for occupancy On December 9, 2021, Hotel Text Amendment Resolution to prohibit, pursuant in C4-2 zoning districts, by the City Planning Commission § 32-02(d)(1) specifies that prior to May 12, 2021 have under the prior zoning text, vesting provision of Z.R. applicant notes that development, the hotel, Accordingly, at that time, Z.R. § 11-332, to complete The Board has exercised 30, 2024, when, under the an application, pursuant permits and extension of which expired on December The applicant represents has renewed permits, as continued. However, due Board’s prior grant on December relief, pursuant to Z.R. § The applicant now construction of the building § 11-332, and to renew with the subject New Building application, the Board been completed and substantial granting of the Permit, for use or development of the 332(a). The applicant represents 1 development process, DOB included a new job numbering No. 220243074 as Job No. refers to both job numbers Under Z.R. § 11-332, complete construction pursuant to the effective date of Resolution, and grant construction from the date applicant demonstrates construction was completed The Board may also grant section, which is what the Here, as DOB approved hotel use on October 12, on November 23, 2021, December 9, 2023, the record original Permit was lawfully A. The Board notes that applications, including those the determination of expenditures. On substantial Under New York law, land-use benefit unless vested right can be permit, the landowner for which the permit and incurring substantial Town of Orangetown to gain the vested right, permit must be so substantial serious loss rendering Cine SK8, Inc. v. Town 2007) (internal quotation Southold, 48 F.3d 674, ‘property interest’ in a permit, certificate of occupancy, business license”). Notwithstanding no fixed formula which measures whereby a party is said Bennett, 557 N.Y.S.2d 441, marks omitted). In its prior application, in accordance with the with the New Building Application, construction” to further particular, the applicant Permit and prior to the Permit’s it had completed 100% of Based on these facts, the approximately 62% complete, egress, mechanical, electrical, approximately 38% of the the applicant submitted building; invoices, checks, payment for the individual the architect of record applicant also submitted foundation, which was garage structure of floors support a 12-story structure support the proposed 5-story reiterated that DOB also hotel addition and issued establishing the viability entire proposed 10-story a construction schedule remaining work and receive Between the date of its expiration on December continued schematic design, work. In support of this representation, chronology and an expense the various professionals proposed development. The applicant anticipates 2026, which it expects to months of interior work, approximately two years. Accordingly, the record

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