250-14-AII, 253-14-AII thru 257-14-AII APPLICANT – Sheldon Lobel, P.C., Heights, Inc., owner. SUBJECT – Application April 22, 2019 time to complete construction of eight obtain a Certificate of Occupancy under law and Vested Rights. (R1-2) zoning PREMISES AFFECTED – 5041, Grosvenor Avenue, 5041, 5030, 5040 Avenue, Block 5831, Lot 50, Block 5839, 4018, 3940, 3630, 3635, Borough of Bronx. COMMUNITY BOARD #8BX Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta…………………….........….…5 Negative:……………….…………………...…………0 THE RESOLUTION – WHEREAS, this is an application building permits associated with previously common law vested rights applications, Department of Buildings (“DOB”) 20092252801-NB, 20092261701-NB, NB, 20092260801-NB, 20092255501-NB 20092256401-NB and all related permits complete construction for a period that expired 2019; and WHEREAS, a public hearing was applications on September 17, 2019, after publication in The City Record, and then the same date; and WHEREAS, the subject site is known Heights and is formerly known as the Estate; it is located in the Riverdale section and is comprised of an eight (8) lot portion site which contains a total of 15 lots, including the subject site, comprise a Major (the “Major Development”) which vested statute (of the 12 lots which comprise Development, six (6) are complete and six site, are not complete); and WHEREAS, the subject site is located West 253rd Street, west of Fieldston Road, 250th Street, and east of Iselin Avenue, within an R1-2 zoning district and also Natural Area District (the “SNAD”); and WHEREAS, the lots which comprise site are located on the arcing portion Avenue that begins at West 250th Street Iselin Avenue as well as on that portion Avenue which extends east from Grosvenor between West 250th Street and West 252nd WHEREAS, the subject site is developed with six (6) single-family homes are referred to collectively herein as the “Buildings”); WHEREAS, the subject site complies version of the SNAD regulations; and WHEREAS, the applicant states that 20092252801-NB, 20092261701-NB, NB, 20092260801-NB, 20092255501-NB 250-14-AII, 253-14-AII thru 257-14-AII WHEREAS, the Board notes that proceeds under a lawfully-issued permit, vested right to continue construction after zoning generally exists if: (1) the owner substantial construction; (2) the owner substantial expenditures; and (3) serious if the owner is denied the right to proceed prior zoning; and WHEREAS, specifically, as held Armonk, Inc. v. Town of Southeast, 52 Dept 1976), where a restrictive amendment ordinance is enacted, the owner’s rights ordinance are deemed vested “and will where enforcement [of new zoning requirements] cause ‘serious loss’ to the owner,” substantial construction had been undertaken substantial expenditures made prior to the of the ordinance”; and WHEREAS, however, notwithstanding general framework, as discussed by the v. Bennett, 163 AD 2d 308 (2d Dept 1990) fixed formula which measures the content circumstances whereby a party is said vested right’. Rather, it is a term which determination that the facts of the inequitable that the State impede the taking certain action”; and WHEREAS, the New Building lawfully issued prior to the Enactment WHEREAS, work completed Enactment Date constituted substantial construction substantial expenditures as stated through 31-07-BZY and the statutory renewals and WHEREAS, specifically, the applicant that, since the July 9, 2013 grant, and expiration, it has continued construction Buildings and related infrastructure at the (1) performed site-wide installation of including electrical, fencing of common and partial landscaping and (2) performed work including grading/site preparation 5300 Grosvenor Avenue, as well as the gas line connections for 5030 and 5040 Avenue; and WHEREAS, after June 2011, expended approximately $8,921,405, including

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