From the Times Ledger:
Muss Development also sought a variance from the board on its massive Sky View Parc development in Flushing. Three of the projects’ six residential towers are already built, but the developer now needs a variance from the city Board of Standards and Appeals because the 14-story buildings pierce height restrictions set by the Federal Aviation Administration to protect flight paths of aircraft entering and leaving LaGuardia Airport.
Jerald Johnson, an attorney for Muss, presented a letter in which the FAA approved the buildings’ height, but another letter, from the Port Authority of New York & New Jersey, said the FAA had rescinded its decision.
“I’m at a loss here,” Apelian said. “A lot of phone calls have been made about this and we still don’t have any resolution.”
“I’m a little bit at a loss as well,” Johnson said. “No one has contacted us to tell us our FAA ruling is in error.”
In the end, the board approved the variance with a request that the confusion be ironed out before the BSA rules on it next month.
“It’s not like this is waiting for an application to be approved,” Apelian said. “The buildings are built. So either it’s good or it isn’t good. There’s not really a lot we as a board can do.”
How did the DOB approve these buildings in the first place if there is a height limit in that area?