Hearing officer Robert Maslow assesses $20,000 fine against 336 Westport LLC for front‑setback violation

On April 1, 2026, Hearing Officer Robert Maslow of the New York zoning citation hearings assessed a $20,000 civil fine against 336 Westport LLC for constructing an unpermitted front bump‑out that encroaches past the 20‑foot front setback required in the property's zone.

Maslow opened the hearing at 2 p.m. in Room 125 at New York City Hall and reviewed the record of the case, including a sealed property survey dated Nov. 2, 2023, recent site photographs taken in March and a stop‑work order issued Aug. 31, 2023. Staff told the hearing that the bump‑out and an illegal dormer remained in place and that the owners had not submitted proposed plans to bring the property into compliance despite prior notices and repeated hearings.

“The money would be better used to correct the violation than to impose a fine,” Maslow said on the record, but he added that his comments appeared not to have led to corrective work. He calculated 553 days from the first meeting date (Sept. 25, 2024) to the hearing and noted the municipal penalty rate of $150 per day (the transcript shows a statutory maximum of $82,950). Given what he described as “very little apparent progress” and prior acknowledgments by the owners that they would take corrective steps, Maslow assessed a civil fine of $20,000.

Staff described the property's zoning context and setbacks during the hearing, noting that the relevant zone prescribes a 20‑foot front setback and that the sealed survey shows the current bay/bump‑out is approximately 11.2 feet from the front lot line, creating a clear setback encroachment. Staff also reviewed aerial and street‑view imagery that indicated the bump‑out appeared between 2021 and 2022 and highlighted that proposed compliance plans had not been filed with the office.

The record shows a stop‑work order and at least one joint inspection with the building department in 2024; the fire marshal inspected the property and reported smoke detectors and egress consistent with immediate safety compliance but did not take condemnation action. Staff counted two residential units on the property and said it had not identified additional occupied units requiring separate enforcement action.

Maslow and staff discussed whether the three‑year nonconforming rule could apply, which would affect whether a structure becomes a lawful nonconformity if enforcement action is not taken within three years of the structure's placement. The hearing officer and staff examined the code language and questioned whether the citation itself constitutes an ‘action to enforce’ for purposes of that statute, but the decision to assess the fine proceeded on the records of the violation and lack of remediation.

Neighbors had raised additional concerns: Maslow noted that a neighbor to the south, represented by attorney Jay Dolberg, had complained about an attached fire escape and that nothing had been done on that complaint in prior proceedings.

The matter remains on the calendar. Maslow closed the session and instructed that the next hearing date is May 20, 2026 at 2 p.m. in Room 125 at New York City Hall.