Category Archive 'Zoning'

05 Feb 2013

Yale Club Menaced By New Zoning?

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We missed this interesting New York Times item from late last year.

Mayor Michael R. Bloomberg’s push to increase development in east Midtown would threaten some of the very buildings that give the neighborhood its character, preservation groups and community boards warn.

The buildings include the Barclay Hotel, the Yale Club, Brooks Brothers flagship store and the Graybar Building, which many New Yorkers may think — incorrectly — are protected as landmarks already.

The proposal is intended to provide a legacy of the Bloomberg administration by ensuring that the area around Grand Central Terminal stays on a competitive footing with business centers worldwide. It would increase the maximum allowable building density by 60 percent for some large sites near the terminal. Potential density would be increased 44 percent along an 11-block stretch of Park Avenue. Lesser increases would take effect elsewhere in the area between East 39th and East 57th Streets and between Fifth and Second Avenues, although most of the easternmost residential blocks would not be affected.

Such increases in density — meaning higher potential profits for landlords down the road — would give builders an incentive to spend the time and money needed to assemble large development parcels and then empty and demolish the buildings on them.

Hat tip to Stephen Frankel.

08 Nov 2010

What It Takes To Build a House

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When I was a boy, in most parts of the United States outside the largest and most intensely regulated metropolitan areas, if you owned some land and wanted to build something, you could go right ahead and build it. Over the years, the empire of government has grown unceasingly, zoning regulations, infinitely detailed building codes, environmental regulations, and complex systems of permits and permissions have spread across America like kudzu.

Your tax dollars support what the Declaration of Independence referred to as “a multitude of New Offices, and… swarms of Officers to harass our people and eat out their substance.” Every one of those officials feels obligated to see to it that the American property owner conforms to every item and detail of the regulatory regime which represents the entire raison d’etre of his career and livelihood.

Roland Toy, at American Thinker, describes his own, perfectly typical encounter with the system Americans have enthusiastically created to protect them from themselves.

133 days earlier I had submitted plans for my house to the county building department. A month later, the department sent a letter explaining that the proposed septic system had to be relocated 60 feet to the east of a location the county had approved earlier. However, in recent months a bald eagle’s nest had been spotted in adjacent public lands, and the county now required a buffer between the nest and any development on my property. Fine. I had seen a bald eagle soaring overhead — once with something that looked like a small animal it its claws. Anything for the symbol of America. And the septic system relocation was less than trivial, a few steps in one direction in the midst of millions of acres of sandy wilderness that was already officially sanctioned for a septic system.

The problem arose when the relocation required a new permit application, complete with fresh paperwork, hefty fees, a two-week waiting period for public input, and a new soil study by a professional soil engineer on a county-approved list.

I called the man who had signed the letter and appealed to his common sense, to his engineering acumen, and finally to his decency. Any moron could see that the septic system could be nudged a few feet with zero environmental impact — the approved sand dune was the same whether 8′ or 80′ or 8000′ feet from the property line. What could possibly be accomplished by breathing life into a new bureaucratic tangle? But in the end, my entreaties failed and the conversation amounted to mutual declarations of war. I backed off when he began making vague references to a possible environmental assessment report. Thus began a slow-motion shell game in which a bureaucrat, after extracting an extortionate fee, transferred irrelevant paperwork from one file folder to another. Some highlights of that loony process ($2,831.00, 103 days) are shown below:

    * Submit plans to county ($450.00).

    * County disapproves plans, requires variance.

    * Variance request submitted ($125.00).

    * Request denied. New application and soil study required.

    * At an arbitration meeting ($250.00), the arbitrator rules for the county. Not technically a county employee, he’s on a chummy first-name basis with the county representatives.

    * Start new application ($125.00) and commission a second soil study ($1,350.00) by an engineer on the county-approved list .
    * Plan reviewers fail to show for a meeting. They’re at a ‘team-building’ retreat. In an unpleasant scene, two customer service representatives complain about my attitude after I tell them that for the non-meeting I had to drive 180 miles over winding mountain roads.

    * County approves new septic system location.

    * Craig makes site visit for percolation test ($541.00).

Back at the percolation test, all that was history. I understood it and wasn’t destined to repeat it. But Craig had been leafing through his papers for a long while. “Is there a problem?” I asked.

“Your soil engineer isn’t on the new approved list.”

“He’s gotta be there. You guys gave me his name.”

Craig pulled out his cell phone and spoke intently with his superiors. Eventually he hung up and said, “It’s probably nothing serious. But something’s screwy with the new list and I can’t do the inspection until the paperwork is right.”

“What’s the problem?”

“We’re not sure yet, but your engineer just isn’t on the list.”

“So you don’t know how long it’s going to take to fix or if it can be fixed?”

Craig muttered abjectly, “I’m sorry. I’m still on probation and they audit me.”

Like contentious litigation, every interaction with the building department had a tendency to take on an unpredictable life of its own. This was a moment of truth. God may have understood the SNAFU that had kept my engineer’s name off the list, but I didn’t. When does reasonable accommodation become craven appeasement? Would I continue working with the totalitarians who were polluting my life? Would I start another round of telephone tag, being stood up at meetings, preparing for rigged arbitrations, and paying the fees? Would I have to commission yet another soil assessment, the third one that would reiterate what everybody already knew? Or would I draw a line in the literal sand and rebel against the yoke of tyranny? A crazy image flashed through my mind. I was in the percolation test hole with a rifle, holding off swarms of g-men in bulletproof vests as helicopters and a lone bald eagle circled overhead.


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