95-08-A APPLICANT – Blank Rome LLP by Marvin Mitzner, for 6701 Realty, LLC, owner. SUBJECT – Application April 16, 2008 – An appeal seeking a determination that the property owner acquired common law vested right to continue development under the prior C4-3 zoning district regulations. C4-2A zoning district. PREMISES AFFECTED – 6701Bay Parkway, southeast corner of the intersection of Bay Parkway 8th West Street, Block 6576, Lot 10, Borough Brooklyn. COMMUNITY BOARD #10BK APPEARANCES – For Applicant: Daniel Braff. ACTION OF THE BOARD – Application granted condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez.......................................5 Negative:......................................................................0 THE RESOLUTION: WHEREAS, this is an appeal requesting a Board determination that the owner of the premises has obtained the right to complete an enlargement of an existing commercial building under the common law doctrine vested rights and a rescission of a Stop Work Order issued against the property; and WHEREAS, a public hearing was held on application on July 29, 2008 after due notice publication in The City Record, and then to decision September 9, 2008; and WHEREAS, the site was inspected by Chair Srinivasan, Commissioner Hinkson and Commissioner Montanez; and WHEREAS, Community Board 11, Brooklyn recommends approval of this application; and WHEREAS, the subject site consists of a two-story commercial building on the southeast corner of 8th intersection of Bay Parkway and West Street, in Bensonhurst neighborhood of Brooklyn; and WHEREAS, the applicant proposes to add a three- story enlargement to an existing commercial building for a total floor area of 21,539 sq. ft.; and WHEREAS, the subject site was formerly located within an C4-3 zoning district; and WHEREAS, the proposed building complies the former zoning district parameters; and WHEREAS, however, on June 23, 2005 (hereinafter, the “Rezoning Date”), the City Council voted to adopt the Bensonhurst Rezoning, which rezoned site to C4-2A; and WHEREAS, the building does not comply with C4-2A district parameters as to floor area and height; WHEREAS, on January 17, 2008, the applicant issued a Stop Work Order by DOB, halting construction on the site; and WHEREAS, as a threshold matter in determining this appeal, the Board must find that the construction conducted pursuant to a valid permit; and 95-08-A inequitable that the State impede the individual from taking certain action;” and WHEREAS, as to substantial construction, applicant states that before the lapse of the building permit, the owner had nearly completed the building enlargement; and WHEREAS, in support of this assertion, applicant submitted the following evidence: photographs of the site taken July 18, 2007, a schedule of work performed, cancelled checks, accounting summaries, and an affidavit of the project architect; WHEREAS, the Board concludes that given the of the site, and based upon a comparison of the type amount of work completed in the instant case with type and amount of work found by New York State courts to support a positive vesting determination, a significant amount of work was performed at the site prior to lapse of the building permit; and WHEREAS, the Board also notes construction of the superstructure, roofing, installation of windows, HVAC equipment, ductwork, interior framing, window installation and sheetrocking indisputably occurred prior to the lapse of the building permit; and WHEREAS, the Board has reviewed representations as to the amount and type of work completed and the supporting documentation and agrees that it establishes that significant progress was made prior to the lapse of the building permit, and that said work was substantial enough to meet the guideposts established by case law; and WHEREAS, as to expenditure, the Board notes unlike an application

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