In the Matter of Raritan Development Corp. v. Silva

Zoning rules for a planned development capped a building's floor area at half its lot size, defining floor area to include all dwelling-purpose floor space but excluding cellar space located more than halfway below ground. The architect for a three-story building in the development excluded the ground-floor space from his floor-area calculation as a cellar. The New York City Department of Buildings disagreed, reasoning the space should count because it was intended for dwelling use, and it revoked the building permit issued to Raritan Development Corporation (plaintiff). Raritan appealed to the Board of Standards and Appeals, which upheld the department's decision as a reasonable response to the added population and parking burdens the space would create.