In a recent development, the controversy surrounding the homeless shelter at 2501 Benson Avenue in Bensonhurst, Brooklyn has reemerged. Residents revealed on the evening of the 25th that the New York City Board of Standards and Appeals (BSA) has notified that due to the developer’s failure to obtain relevant permits based on the “contested approval,” the project remains stagnant, and the BSA has not scheduled a public hearing. Residents emphasized that this BSA appeal only pertains to the review of a new hotel construction project and is not related to any demolition work, as these are separate legal procedures.
According to the documentation provided by residents, the BSA has found that the developer has not taken any substantial action in accordance with the “contested (new construction) approval,” including failing to obtain construction permits issued by the Department of Buildings (DOB) and not submitting any follow-up progress documents.
The BSA stated that although the appeal case has been formally accepted, the case will remain in a “accepted but not scheduled” status until the applicant obtains the necessary permits. The letter also emphasized that only when the applicant demonstrates progress in accordance with the approval, will the BSA arrange for a public hearing.
Representatives of the residents pointed out that the response from the BSA conveys two key messages: first, the BSA has clearly treated this case as a “contested approval,” thus deciding to hear the appeal. Secondly, the wording used by the BSA lawyer in the letter indicates that the related dispute has not concluded due to the DOB approval.
The residents stated that this letter formally confirms for the first time that if the 86th Street project is to proceed, it will ultimately have to go through the BSA public hearing process, where commissioners will decide based on facts and evidence, rather than any unilateral decision by any party.
Residents explained that the reason for the BSA not scheduling a hearing is directly related to the Department of Buildings regulations. According to the DOB’s definition of “abandoned application,” if an applicant does not actively progress and obtain any permits within 12 months, the application is considered “abandoned.”
Residents noted that the hotel plans approved by the DOB on November 21, 2024, have seen no further “new construction” action for over a year and no permit application, meeting the criteria for being considered “abandoned.” Therefore, the BSA believes there is currently no need to convene a hearing.
Residents emphasized that this does not mean the case is closed; if the developer resumes progress and obtains permits in the future, the BSA can schedule a hearing at any time.
Residents reminded that the 86th Street project currently involves two completely different legal procedures: one is the RPAPL 881 court case, where the developer applies to enter the adjacent residential backyard for construction, which is related to the demolition of old buildings. The first hearing is scheduled for July 17, considered by residents to be the current legal procedure affecting the demolition progress.
The other is the administrative appeal case accepted by the BSA, primarily examining whether the project complies with zoning regulations and exemption conditions. Residents emphasized that “demolition and new construction are two different issues. The court is handling the 881 procedure, while the BSA is assessing the legality of the project.”
On the evening of the 25th, numerous residents attended a gathering. City Councilor Wenyi Zhuang, the Chief of Staff for State Assemblyman Colton, Lining He, and the Chief of Staff for State Assemblyman Chen Xueli, Rimond and Liu Yaming were all present to show support. During Mr. Ma’s speech representing the residents, he thanked the elected officials, staff, and all volunteers present and urged everyone to “remember their original intentions, set aside prejudices, unite to defend the community, and let the community continue to prosper.” Councilors and representatives reiterated their solidarity with the community in their speeches, receiving enthusiastic applause from the residents multiple times.