DOB Approves Permits for 6-Story Residential Building on Children’s Magical Garden

Posted on: April 22nd, 2014 at 5:13 am by
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It obviously didn’t matter that a lawsuit is currently underway against the Horizon Group. The deep-pocketed developer (also behind 100 Norfolk site) is moving forward with the plan to drop a six-story building beside the beleaguered Children’s Magical Garden. And the DOB is apparently on board. The city agency approved construction permits and zoning documents just two weeks ago.

Composition of the 80-foot-tall building includes six units (one of which is a penthouse) and a pair of roof decks. Each apartment is roughly 1,100 square-feet. Kutnicki Bernstein Architects is the designer.

Last year, with the help of local electeds, the city ultimately transferred ownership of the two main parcels to the Children’s Magical Garden. The development site in question – 157 Norfolk Street – had been owned by Serge Hoyda, but sold to the Horizon Group back in December.

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Advocates of the green space filed suit against both.

The legal action highlights the state law of “Adverse Possession,” in which a party has the right to ownership if they’ve occupied the property for at least a ten-year period. CMG is operating under that assumption, and acting accordingly in the case. Members of the community garden, spearheaded by Kate Temple-West, argue that Hoyda had all but abandoned the lot to trash and dealers some thirty years ago.

Who will win the David-Goliath saga?

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