BRONXVILLE, NY and MOUNT VERNON, NY —September 21. 2020 — The Westchester Supreme Court was on September 4, 2020 beseeched by Brewster-Carver, Standish-Cabot and Bradford Hall apartments cooperatives to demand the Mount Vernon Zoning Board of Appeals and Buildings Department stop construction. The basis for this demand is the assertion that the Mount Vernon Zoning Board of Appeals and Buildings Department that the developer acquired a building permit under false pretense. The property in question straddles the Village of Bronxville and the City of Mount Vernon.
It is further postulated that the “approved site plan” is “too large for the 0.26-acre parcel designated at 9 Alden Place. It is further noted, “It will crowd and choke the private drive the petitioners use, and would be a hideous eyesore.”
The lawsuit divulged Julie Properties of Armonk had purchased the property last year for $420,000. White Plains developer Bart Blatt and BRB Construction were also part owners. Julie Properties at that time also filed for an extension of the 2014 Mount Vernon Planning Board site plan initially presented by R. J. Luisi Industries. The project had laid fallow until October 2019 when an extension was issues.There was a caveat, that is,
that the developer file a new site plan should riginal plan be amended in any manner.
The plaintiffs, the Brewster-Carver, Standish-Cabot and Bradford Hall apartments cooperatives assert that when the developer began work last summer a phony building permit was posted. It is stipulated that a non-existent employee of the Mount Vernon Buildings Department was affixed to the permit.
When a new building permit was issued in March 2020, the project plans had significantly changed. Further, the developer had not submitted those changes to the planning board for approval and thereby, a building permit should never have been issued.
The petition designates that “The permit holder utilized an apparently phony permit to illegally commence work in July 2019, which brought absolutely no consequences from the … buildings department.”
Troy D. Lipp, legal counsel for the developer, had on September 8th notified Justice Linda S. Jamieson that the lawsuit is similar to a complaint filed last year upon which she rejected the plaintiff’s arguments for relief.
The cooperative apartments are asking the court to compel the Mount Vernon Zoning Board of Appeals and the Buildings Department to issue a stop work / cease and desist order.