Kissena Park Civic Association

KPCA Wins Major Zoning Battle on May 9, 2006

BSA Denies Continuance of Construction after Zoning Change

In a precedent-setting case the BSA denies the continuance of the construction of two attached two-family homes at 143-53 & -55 Poplar Avenue on May 9, 2006 after almost a year of continued hearings. A stop-work order was issued by the DOB on the day the zoning was changed from R3-2 to R2, just before the applicant could complete the excavation or install a significant portion of a foundation for either building. The attorney for the applicant tried to prove that the excavation had been completed and that, in his opinion, one foundation was also completed. This, according to the zoning resolution, would allow the BSA to grant his client a continuance. The KPCA, using photographs, NYC records and other documentation, proved that the applicant did not meet these necessary criteria and was therefore not entitled to a continuance. At the BSA Decision Hearing the commissioners unanimously disapproved the application.