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The Law Offices
of Howard Goldman has only one practice area, which includes the
following sub-areas:
Zoning
The original 1916 Zoning Resolution was superseded by the
current Resolution in 1961. The basic concepts set forth in
the 1961 Resolution, including zoning lots, zoning lot
mergers, transfer of development rights, floor area, floor
area ratio, special zoning districts, and incentives, remain
in effect. However, the Zoning Resolution is constantly
amended to meet evolving land use needs and policies.
Variances
Zoning variances are hardship cases in
which any provision of the Zoning Resolution may be waived
by the Board of Standards and Appeals provided each of five findings are proven. These findings are, in
summary, unique physical condition, financial hardship,
neighborhood character, self-created hardship, and minimum
variance. |
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Landmarks
Properties that have been individually designed as
landmarks, or are located within the boundaries of historic
districts, cannot be demolished, altered or enlarged without
approval from the Landmarks Preservation Commission. The
number of properties subject to Landmarks approval is
constantly growing. In addition to restricting the landmark
site, designation may allow wider transfer of development
rights and zoning waivers.
ULURP
The Uniform Land Use Review Procedure is the central public
review and approval process mandated for zoning changes,
special permits, disposition of City-owned property, mapping
of streets, urban renewal plan changes, and other
discretionary land use actions set forth in Section 197-c of
the City Charter. Once a ULURP application is certified as
complete, it goes through an up to seven month process
involving consecutive periods of review at the Community
Board, Borough President, City Planning Commission and City
Council. There is no time limit on pre-certification.
CEQR
City Environmental Quality Review is the City’s version of
the process mandated by the State Environmental Quality Review
Act. CEQR must be completed before a ULURP action, variance
or other discretionary land use approval may be approved.
CEQR is not, however, required for as-of-right actions such
as building permits, and Landmarks approvals. While CEQR does
not mandate a particular outcome, it is designed to disclose
the potential environmental impacts of a proposed action.
Beginning with the filing of an Environmental Assessment
Statement, CEQR may result in the issuance of a Negative
Declaration or require an Environmental Impact Statement.
The rules and methodologies governing CEQR are contained in
the CEQR Technical Manual. CEQR is often the critical path
in achieving ULURP certification.
Buildings Department
Among other tasks, the Department of Buildings is charged
with interpreting and enforcing the Zoning Resolution. As
zoning becomes more complex, written rulings from the DoB may be sought on
zoning interpretations. When these rulings are sought early
in the process, they are called pre-considerations. If they
are sought in response to an objection, they are called
reconsiderations. We assist in identifying the need for such
rulings and in obtaining
them from DoB.
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