Penthouse Owner's Desperate 'Hail Mary' Sails Way out of Bounds

Please cut & paste & send the message below to BSA prior to March 20, 2009 by Regular Mail; Fax: 212.788.8769 (attention Mr. Ron Rizzotti) or Email: http://www.nyc.gov/html/mail/html/mailbsa.html

Ms. Meenakshi Srinivasan
Chair, NYC BSA
40 Rector Street, 9th Floor
New York, NY 10006-1705

Attention: Mr. Ron Rizzotti

Re: Calendar Number 162-08-BZ - 150 East 93rd Street - Manhattan

Dear Madame Chair,

Since last July, applicant has testified as to the dimensions of his proposed vertical addition for which he seeks a Special Permit. Now, after realizing he can not prove his proposed addition would not have a negative impact on the character of the neighborhood and may impact the environment, applicant claims to have made a calculation error in the hopes this new measurement will free him from the rigorous scrutiny attendant to a Special Permit review.

Applicant's argument that BSA only consider the impacts of 54.8 sq ft, the measurement he now claims is unlawful, is without merit. This measurement does not exist independent of the whole and can not be parsed out for the purpose of review. As a matter of law, the impacts of the whole proposed vertical addition must be thoroughly reviewed.

Please deny this Special Permit.

Sincerely,

(please be sure to add your name & address)