News from Sheldon Lobel, P.C.

Recent News

In March 2011, Sheldon Lobel, P.C. obtained a variance from BSA to legalize the extension of a non-conforming restaurant use in a residential zone in Brooklyn.

In March 2011, Sheldon Lobel, P.C. extended the term of a variance permitting public parking in a building on the Upper East Side of Manhattan.  The building requires a variance for public parking since it is located partially within a residential use district.

In March 2011, Sheldon Lobel, P.C. obtained a variance from BSA to legalize the enlargement of a synagogue in the Kew Gardens Hills area of Queens.  The variance permitted waivers of front yard, rear yard, side yards and parking.

In February 2011, Sheldon Lobel, P.C. obtained a special permit both to legalize the enlargement and to allow the additional expansion of a single-family home in the Midwood area of Brooklyn.

In February 2011, Sheldon Lobel, P.C. obtained a use variance from BSA to allow general retail uses, including eating and drinking, on the ground floor and below, in a manufacturing district in the SoHo area of Manhattan, where such use is not permitted as-of-right on the ground floor.

In January 2011, Sheldon Lobel, P.C. secured an extension of a variance that permits the operation of a gasoline service station on Astoria Boulevard in Queens.

In January 2011, Sheldon Lobel, P.C. obtained an extension of time to obtain a Certificate of Occupancy for an existing parking garage in Manhattan.

In December 2010, Sheldon Lobel, P.C. represented the owner of a 69 residential unit building located in Manhattan in a mortgage refinancing transaction to secure a $9,975,000 loan.

In December 2010, Sheldon Lobel, P.C. obtained a use variance from BSA to permit a restaurant on the ground floor in a manufacturing district in the SoHo area of Manhattan, where such use is not permitted as-of-right on the ground floor.

In December 2010, Sheldon Lobel, P.C. obtained a bulk variance for a religious school in Queens.  After the firm requested an expedited review, the BSA granted the variance 2 months after filing of the application.

In December 2010, Sheldon Lobel, P.C. obtained a variance from BSA to install an elevator in an enclosed courtyard of a residential co-op building in Manhattan.

In November 2010, Sheldon Lobel, P.C. secured a sign-off from the Bronx Borough Commissioner of the Department of Buildings that a post-zoning change plan amendment did not invalidate a pre-zoning change foundation permit.

In November 2010, Sheldon Lobel, P.C. appeared in New York City Criminal Court representing the owner of several public parking garages located in the Upper West Side neighborhood of Manhattan.

In October 2010, Sheldon Lobel, P.C. obtained (1) an extension of time to obtain a Certificate of Occupancy, and (2) amendments to change the operator, hours of operation and interior modifications, for a gym in the Parkchester area of the Bronx.

In October 2010, Sheldon Lobel, P.C. obtained a bulk variance to permit the construction of a detached two-family home in the Astoria area of Queens.

In October 2010, Sheldon Lobel, P.C. obtained a special permit from the Board of Standards and Appeals, under Section 73-36 of the Zoning Resolution, to legalize the operation of a gym in Downtown Brooklyn.

In October 2010, Sheldon Lobel, P.C. obtained a special permit from the Board of Standards and Appeals, under Section 73-36 of the Zoning Resolution, permitting the operation of a gym in the Canarsie area of Brooklyn.

In October 2010, Sheldon Lobel, P.C. successfully vacated a 5-year old default decision from the Environmental Control Board, re-opened the hearing, and successfully negotiated a stipulation with the Department of Environmental Protection for an extremely reduced penalty.  The total penalty amount was reduced from approximately $36,000 to $1,500.

In September 2010, Sheldon Lobel, P.C. obtained an amendment and extension of term for a variance which had been expired for nearly 30 years to operate a woodworking shop in a residential zone in the Woodhaven neighborhood of Queens.

In September 2010, Sheldon Lobel, P.C. secured a special permit from the BSA to operate an eating and drinking establishment with an accessory drive-through facility in the Pelham Bay area of the Bronx.

In September 2010, Sheldon Lobel, P.C. obtained a bulk variance from BSA for a four-story and mezzanine building for use as a synagogue in the Borough Park area of Brooklyn.  The variance permitted waivers of lot coverage, rear yard and front wall height.

In September 2010, Sheldon Lobel, P.C. obtained a special permit from the Board of Standards and Appeals, under Section 73-36 of the Zoning Resolution, to legalize the operation of a gym in the Fordham Heights neighborhood in the Bronx.

In September 2010, Sheldon Lobel, P.C. obtained an extension of time to obtain a Certificate of Occupancy from the BSA for a warehouse and storage use in Brooklyn.  The grant also allowed the expansion of the use and facilitated a tax lot subdivision.

In August 2010, Sheldon Lobel, P.C. secured a special permit from the Board of Standards and Appeals for the operation of a fitness center on Eckford Street in the Williamsburg neighborhood of Brooklyn.

In August 2010, Sheldon Lobel, P.C. was discussed in an Article in New York Times Real Estate Section.  A copy of the NY Times article can be accessed here.  The article examined the legal battle behind obtaining a private garage for a residential townhouse owner on the Upper East Side.

In August 2010, Sheldon Lobel, P.C. obtained approval for the operation of a day spa on Eighth Avenue in Midtown Manhattan.

In August 2010, Sheldon Lobel, P.C. extended the term of a special permit allowing the operation of a gasoline service station and convenience store on Forest Avenue in Staten Island.

In August 2010, Sheldon Lobel, P.C. secured a special permit from the BSA for a charter school in a manufacturing zone in the Gowanus neighborhood of Brooklyn.

In August 2010, Sheldon Lobel, P.C. obtained a Certificate of No Effect from the Landmarks Preservation Commission to legalize an illuminated sign on a landmark site in Manhattan.

In August 2010, Sheldon Lobel, P.C. obtained a use variance to permit commercial use in a vacant church split by residential and commercial zoning districts.

In July 2010, Sheldon Lobel, P.C. represented the owner of a car wash and oil change facility located on Atlantic Avenue in Brooklyn before the BSA.  The application extended the use variance that permits the operation of the car wash in a non-conforming use district, as well as legalized modifications to the size and layout of the car wash building.

In July 2010, Sheldon Lobel, P.C. obtained a special permit from the Board of Standards and Appeals, under Section 73-36 of the Zoning Resolution, to legalize the operation of a gym in the Jamaica neighborhood of Queens.

In July 2010, Sheldon Lobel, P.C. secured approval of a fourteen-story mixed-use building that exceeded the height limitations of the Zoning Resolution.  The building, which will have approximately 140 affordable apartments, is being built in connection with the redevelopment of Municipal Parking Lot 1 in downtown Flushing, Queens.  The proposed building required a special permit pursuant to Zoning Resolution Section 73-66 since it is located within the designated flight obstruction area surrounding LaGuardia Airport.

In June 2010, Sheldon Lobel, P.C. represented a national auto rental company in criminal court in connection with a Fire Department violation. We successfully vacated a prior default judgment and secured a reduction of the associated charge and penalty, resulting in a minimal fine.

In June 2010, Sheldon Lobel, P.C. represented the purchaser of a $2,200,000 condominium unit in Manhattan.

In June 2010, Sheldon Lobel, P.C. secured a Board of Standards and Appeals ("BSA") special permit for the operation of a health club in Astoria, Queens. As per Section 73-36 of the Zoning Resolution, a BSA special permit is generally required for the operation of a health club anywhere in New York City.

In May 2010, Sheldon Lobel, P.C. obtained a use variance under Section 72-21 of the Zoning Resolution permitting commercial parking in a residential building's accessory parking garage in the Kingsbridge neighborhood of the Bronx. The property was located in a residential zoning district, which does not permit commercial parking as-of-right.

In April 2010, Sheldon Lobel, P.C. obtained a special permit from the Board of Standards and Appeals, under Section 73-36 of the Zoning Resolution, permitting the operation of a gym in Midtown Manhattan.

In March 2010, Sheldon Lobel, P.C. was successful in securing a favorable interpretation of certain curb level regulations from the Department of Buildings ("DOB") regarding a complex site having four street frontages and totaling approximately 36,000 square feet of lot area. The interpretation was issued after extensive discussions with the Bronx Borough Commissioner and the DOB Office of Technical Affairs.

In March 2010, Sheldon Lobel, P.C. obtained a use variance from the Board of Standards and Appeals to permit construction of a five-story, 99,000-square foot religious school within a manufacturing zoning district in the Borough Park section of Brooklyn. A school was not permitted as-of-right within the manufacturing district.

In February 2010, Sheldon Lobel, P.C. received an authorization from the City Planning Commission ("CPC") to allow one off-street accessory parking space for a residential townhouse on Manhattan's Upper East Side. The CPC authorization, issued pursuant to Section 13-551 of the Zoning Resolution, allowed the property owner to install a curb cut providing access to a one-car garage located on the lower level of the building.

In February 2010, Sheldon Lobel, P.C. reinstated a use variance permitting the operation of an automotive service station in a residential use district. The variance issued for the property had been expired for over 20 years.

In February 2010, Sheldon Lobel, P.C. obtained a Letter of Substantial Compliance from the Board of Standards and Appeals, which permitted the proposed buyer of a physical culture establishment in Manhattan to operate the existing spa.

In February 2010, Sheldon Lobel, P.C. was successful in securing variances from the Board of Standards and Appeals for floor area, parking and unit density for a 174-unit assisted living facility in Brooklyn.

In December 2009, Sheldon Lobel, P.C. was successful in securing statutory vested rights under Section 11-331 of the Zoning Resolution for a 65-unit hotel in the Laurelton section of Queens.

In December 2009, Sheldon Lobel, P.C. negotiated a stay of a Department of Buildings' Order of Closure, which sought to cease truck parking use at a property located within a residential district.

In December 2009, Sheldon Lobel, P.C. secured a use and bulk variance from the Board of Standards and Appeals permitting the construction of a nine-story, 78,000-square foot community facility building, containing 104 supportive housing units, on a split manufacturing and residential zoning lot in the Crotona Park section of the Bronx.

In November 2009, Sheldon Lobel, P.C. was successful in securing common law vested rights for a 14-unit residential project in the Jamaica section of Queens.

In November 2009, Sheldon Lobel, P.C. represented a gym at an Environmental Control Board hearing for operating contrary to a certificate of occupancy. We were able to get the violation dismissed by establishing that its Class 1 categorization was improper.

In October 2009, Sheldon Lobel, P.C. obtained a use variance from the Board of Standards and Appeals to permit a two-story enlargement to an existing two-story building, for a drug treatment facility located within a manufacturing zoning district in the Richmond Hill section of Queens. A drug treatment facility was not permitted within the manufacturing district as-of-right.

In September 2009, Sheldon Lobel, P.C. received a favorable determination from the Appellate Division, Second Department, which upheld a lower court determination in an Article 78 action against the Board of Standards and Appeals. The original BSA decision denied the special permit application of an owner wishing to enlarge his home in the Manhattan Beach section of Brooklyn. A copy of the Court's decision is available by clicking here.

In September 2009, Sheldon Lobel, P.C. successfully defended the owner of a charter bus company in a Department of Buildings' padlock proceeding at the Office of Administrative Trials and Hearings. By establishing that bus parking was a non-conforming use, the firm secured the owner's right to continue using the premises for commercial vehicle parking.

In August 2009, Sheldon Lobel, P.C. obtained an extension of time to complete construction and obtain a certificate of occupancy for a synagogue in the Kew Gardens Hills neighborhood of Queens.

In August 2009, Sheldon Lobel, P.C. obtained a City Planning Commission certification waiving the parking requirements for a locally-oriented house of worship in Hollis, Queens.

In July 2009, Sheldon Lobel, P.C. secured a special permit from the Board of Standards and Appeals, pursuant to section 73-44 of the Zoning Resolution, to reduce the parking requirements for a new ten-story commercial and medical office building in downtown Flushing, Queens. The special permit reduced the number of required parking spaces from 165 to 102 spaces.

In June 2009, Sheldon Lobel, P.C. secured a bulk variance from the Board of Standards and Appeals to permit the construction of a nine-story, 28,000-square foot community facility building, containing 53 supportive housing units, on a residential zoning lot in the Parade Ground section of Brooklyn. The variance permitted a six-foot reduction in a required rear yard.

In June 2009, Sheldon Lobel, P.C. was successful in securing additional time to complete the construction of 15 luxury single family homes in the Riverdale section of the Bronx under the vested rights' provisions of Section 11-332 of the Zoning Resolution. It was necessary for the property owner to obtain vested rights, as the construction was no longer as-of-right due to a rezoning in the area of the homes.

In June 2009, Sheldon Lobel, P.C. was successful in securing additional time to complete construction, under the vested rights' provisions of Section 11-332 of the Zoning Resolution, for two separate projects in the Fort Greene section of Brooklyn.

In June 2009, Sheldon Lobel, P.C. received a favorable determination from the Court of Appeals, which overturned a decision of the Appellate Division in an Article 78 action against the Board of Standards and Appeals (“BSA”). The original BSA decision denied common law vested rights to an applicant attempting to build a 63-unit residential development in the Riverdale section of the Bronx. A copy of the Court's decision is available by clicking here.

In June 2009, Sheldon Lobel, P.C. secured a special permit pursuant to Section 73-621 of the Zoning Resolution for a 10% enlargement to the floor area of a restaurant located in a mixed-use building in Park Slope.

In May 2009, Sheldon Lobel, P.C. obtained a special permit from the Board of Standards and Appeals pursuant to section 73-36 of the Zoning Resolution to legalize the operation of a day spa (Physical Culture Establishment) in an existing building in lower Manhattan.

In April 2009, Sheldon Lobel, P.C. secured an extension of the term of an expired variance to permit the continued operation of a commercial bakery and manufacturing establishment in an R4 zoning district in the Bronx.

In April 2009, Sheldon Lobel, P.C. obtained a grant from the Board of Standards and Appeals, pursuant to Section 36 of the General City Law, to permit the construction of a five-story, eight-unit residential building in the Brighton Beach section of Brooklyn. The property did not have frontage on an officially mapped street.

In April 2009, Sheldon Lobel, P.C. successfully protested a transfer tax imposed by the New York State Department of Taxation and Finance on a synagogue in Brooklyn.

In March 2009, Sheldon Lobel, P.C. obtained an extension of the term of a variance for a Midtown Manhattan parking garage. The application also secured an amendment to the variance, permitting 97 additional parking spaces and mechanical lifts in the garage.

In March 2009, Sheldon Lobel, P.C. obtained a grant from the Board of Standards and Appeals, under Sections 11-411 and 11-413 of the Zoning Resolution, to re-instate and modify a variance which expired in 2004. The modification allowed a change of use from a knitting mill to a contractor's establishment in an R5B zoning district.

In February 2009, Sheldon Lobel, P.C. secured a bulk variance from the Board of Standards and Appeals to permit the construction of a two-story and attic synagogue in an R2 residential zoning district within the Midwood section of Brooklyn. The variance permitted waivers of floor area, lot coverage, front yard, side yard and parking.

In January 2009, Sheldon Lobel, P.C. secured a bulk and use variance from the Board of Standards and Appeals legalizing the construction of a four-story community facility in an M1-2 manufacturing district within the Sunset Park area of Brooklyn. The variance permitted waivers of use, rear yard and parking.

In January 2009, Sheldon Lobel, P.C. obtained a reconsideration from the Department of Buildings, which resulted in the lifting of a stop work order for a multi-family residential development in the Bronx.

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