News from Sheldon Lobel, P.C. Recent News
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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