Just a few days ago, it was announced that Lightstone Group is proceeding with its 500,000 square feet mixed-use housing development on the shores of the Gowanus Canal at 363-365 Bond Street as an as-of-right development and has abandoned the minor modification which it had previously requested of NYC's Department of City Planning (DCP).
During DCP's review session on Monday afternoon, representatives of the Brooklyn DCP office explained that Lightstone, apparently wanting to avoid the risk of legal action, has withdrawn its minor modification application and has decided to pursue the as-of-right development under zoning granted in 2009.
This project had come in front of the commission once before in September 2012 as a 'minor modification' of the original 2009 special permit project previously granted to Toll Brothers.
This as-of-right development is nevertheless subject to City Planning Commission approval because the 2009 special permit project was made subject to a restrictive declaration that was attached to the plans and drawings.
The Planning Commission votes unanimously to grant the approval.
However, at a later date, the applicant will need to seek a Waterfront Certificate from Chair Amanda Burden in regards to the design of the waterfront open space. The certificate will specify the design of the open space and certify that it meets the zoning requirements. The applicant is expected to file the application later this year.
"And at that point, and only at that point, will the developer be able to begin construction. So it's really a two-step process" a representative of the Brooklyn DCP office was quick to point out during the presentation.