Dutch Kills Civics Battles Developer
Tempers flared at a meeting last week of the city Board of Standards and Appeals (BSA), where Dutch Kills activists faced off against a developer seeking permission to continue construction of a high-rise hotel in the Long Island City community.
Officials of the Dutch Kills Civic Association asked the board to block further construction of a hotel at 39-35 27th St., arguing that developer Stephen Bahar’s request for a variance to continue the project is lacking proper foundation.
When a swath of high-rise hotels began filling the Dutch Kills landscape the civic, backed by area homeowners and residents, called on the city to rezone portions of the community to block the out-of-scale development.
The City Council rezoned the area in 2008, issuing height restrictions on new developments. The new rules also prohibit developers from continuing projects where they failed to complete a required percentage of the foundation before the new zoning kicked in.
Bahar has filed for a city variance that would give him permission to move forward with plans to build the $3.8 million hotel on 27th Street, claiming he used his life savings for the project and has suffered grievous financial losses, in part, because he was unable to lay the foundation before the new rezoning took effect.
Bahar’s attorney, Marvin Mitzner, argued before the panel at last week’s meeting that his client has also suffered financial setbacks as a result of Stop Work orders issued by Department of Buildings inspectors for unsafe working conditions and on other grounds, including other adverse conditions and circumstances.
Civic leaders and homeowners have gone on record stating their opinion that Behar was not vested in the project prior to the rezoning because he failed to lay the required percentage of the building foundation before the new rules went into effect.
The civics question Bahar’s claim that he spent his life savings on the project when he is in the process of building another hotel in the area.
“He (Bahar) is building a nine-story hotel just one and one-half blocks from the project he is seeking a variance to continue,” Dutch Kills Civic Association President Gerald Walsh said. “We feel he did not spend the money he claims he spent on the 27th Street project.”
The Board of Standards and Appeals continued the hearing to March 12, when local residents said they plan to present copies of city Department of Buildings violations and related material supporting their argument for the city to shut down construction of the hotel because Bahar was not vested in the project prior to the rezoning.
Board members advised homeowners that all claims for property damage from construction projects are a civil matter that must be filed through the civil court in the county of occurrence.
City officials said Dutch Kills residents who cannot attend the March 12 hearing should send comments and testimony for consideration by the panel to the Board of Standards and Appeals at 40 Rector St., NY 10001.
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