THE DEMOLITION OF THE ROJAS MEXICAN BAKERY @ 406 15TH STREET

EN PAZ DESCANSE Rojas Bakery. No more cinnamon Sundays.


On October 17th, 2005 the Rojas Bakery specializing in traditional Mexican breads and pastries, was sold to the developer Jack Locicero (BERTHA REALTY, LLC) for the asking price of $900,000. For that price he got a single story 2200 SF cinderblock building, with awning, on a 25' x 100' lot. He also got the chance to revive his adjacent Armory Plaza development by refiling his old plans under the newly acquired 406 property address.

Previously the DoB had revoked all permits for the 408 Armory Plaza development back on May 24th, 2005, saying that they had been issued erroneously. There were many problems with the design, including the Floor Area Ratio ( FAR) calculations not being in compliance with the then R6 residential zoning laws. The building's plans should never have passed an audit by the DoB plan examiners. There were problems with the underground parking structure. Carbon monoxide was to be vented to the rear yard at ground level for one example. Also the "Community Facility" use was highly questionable and in fact the DoB had closed that FAR loop hole prior to issuing the permits. So how does one try to explain a non existing Yeshiva being granted a builders bonus of a FAR of 4.8 in a R6 residential zone, not once, but twice? Bricolage Designs, the architectural firm on record, to its credit, simply resubmitted the same plans, and sure enough, they received permits by the DoB for a "new" building at the "new" 406 15th Street address. This oversight after being reassured personally by Brooklyn Department of Buildings Commissioner Susan Hinkson that this architect, developer, and 408 15th building site would be in her words "red flagged” to prevent any future errors. Maybe that is why Com. Hinkson had asked for the community to help the DoB: To be its "eyes and ears" out in the field.

In the above Property Shark photo, the 406 building is seen on the left, 404 15th on the right, although the actual bakery occupied both buildings. The Rojas retained the three story building known as the "Belmont" with its two apartments.

One week after acquiring the property, tear down demolition permits were applied for by the Xingilan Construction Corporation. The Rojas Bakery had sprinkled its last shell shaped Conchitas.

October 28th the large excavator parked for weeks in the adjacent lot revved up its engine. The demo commenced at 8am as the giant orange Cat began using its boom arm and bucket to eat the building, awning and all.









Seeing that this past week was the the NYC Department of Buildings Construction Safety Week, I thought we could look back at how ineffective the DoB was in maintaining its own rules and regulations when it comes to safe-guarding the public. Let us look back at how the 311 complaints were handled by the DoB in the specific case of the demolition of 406 15th Street (The Rojas Mexican Bakery) by the Xingilan Construction Corporation.

The first thing that caused concern during the demolition was that there wasn't any construction fence or safety netting at the rear of the property. The bakery was built out so that it went all the way to the rear property line with no setback. Basically, an 18’ section of fence was missing. The entire deconstruction was performed mechanically using the boom arm of the excavator. The rear wall of the building was demolished using the bucket to grab it at its top and pull it over. At one point the teeth of the bucket actually bit a piece off a small wooden storage shed located at 387 16th Street. At 9:01am a complaint was made to 311 stating that there was no fence at the rear of the construction site.


How was complaint # 317-4405 addressed?


You can see in the photos that there was clearly no protective fence.




The complaint was “Resolved” that same day by an inspector Miguel Padin who sited a previous complaint number #317-3197 for his decision. That complaint, ”Working against a Stop Work Order” was made earlier in the day at 8am. Inspector Padin states “No action necessary based on physical observation” and “No Stop Work Order in effect”. What this has to do with the 18’ missing section of fence I do not know. It was enough to dismiss both the Stop Work Order and the missing fence complaints. Painting with a broad brush? Maybe a giant DoB issue Pink Pearl erasure.



Another concern was that there was never any DUST CONTROL implemented during the entire process. In the photos you can see the dust clouds blowing every which way as the tractor trailers were being filled with the debris. In the background you can see the arched windows in the 15th Street facade of the 8th Avenue Armory. These windows are to the dormitory space used for the sheltering of homeless women. There were no complaints made to 311 about the dust. Dust can be controlled by simply hooking up a hose and spraying the pile down with water.

The next group of complaints began shortly after 6pm as it became apparent that the demo team had no intention of stopping until the job was finished. Construction hours end at 6pm unless a special afterhours permit has been acquired.

Complaint number #317-4096 "After Hours Construction" was made at 6:34pm.






Complaint # 317-4098 "After Hours Construction" was made at 7:15pm.







Complaint #317- 4100 After Hours Construction was made at 7:26pm.








Complaint #317-4101 "After hours Construction"was made at 7:28pm.







The 311 operators have an unofficial policy of not taking duplicate complaints for the same issue. After awhile they refused to record any more complaints about after hours construction even though the demolition went on past 9 pm.

After the sun set the demo continued. You can see from these still photgraphs taken from a half hour digital video just how dark it was. The only light was from the headlight of the excavator. No additional lighting was provided for. The tractor trailers, one after another, would pull up past the site and then back into the lot. No traffic control measures were taken to protect the safety of pedestrians on 15th Street. There was no flag man. This headlight did, however, illuminate the dust clouds escaping each time the bucket dropped its load into the back of the truck.

Finally, the job was shut down by a patrol car from the 72nd precinct, responding no doubt, to quality of life/noise complaints made by several neighbors. But by that time they had already finished most of the job. Several phone calls were made to Com. Hinkson's personal answering machine filling her in on the progress of the late night work.

In the early part of November, I sent a letter and a DVD with a short movie providing photographic evidence for the complaints to Hinkson and Lancasters offices. A short time later I received a letter back from Com. Hinkson stating that the building in question was being investigated for un safe building demolition practices and that she was turning over all information to the B.E.S.T. Squad. So what happened to the "being the eyes and ears" thing?



The DoB's own Building Information Site (BIS) says it all. The four complaints posted above all resolved with no further action necessary based upon physical observation on the last inspection date...JANUARY 10th, 2006! More than two months after the fact, Inspector James Fleming Badge number 0529 made those final remarks.
DEMOLITION JOB NO. 302023138 SIGNED OFF 3/20/2006

You found it!

You found it!

WHAT YOU DON'T SEE...

Today my good neighbors sent me over the following photo.


If you look closely at the base of the purple backhoe you will see a hole with water in it. My neighbor tells me that no mater how many times the contractors fill in the hole with dirt, everytime they return to dig it back up, it quickly fills with water.
There have always been rumors of underground streams in the area.
Another construction site a block and a half away at 1638 8th Avenue has been sarcastically named by area residents who live upon its shores, "Lake Windsor". Consider this notation from the Official Hunting and Fishing Guide to Brooklyn. "Nestled in a perfectly pristine part of the Southern Slope sleeps Lake Windsor, one of the lesser known Middle Finger Lakes of the Borough of Brooklyn. A wide array of paddling and rowing opportunities await for those who would like to take life a little slower. Now is a perfect time to purchase one of the many vacation homes and seasonal cottages that grace its shores... if you're gosh darn lucky enough! There is even the full service G&Y Marina/Bodega just a block away offering live bait, beer, and seasonal day trips by licensed professional guides."
Locals have been fighting the comercialization of the area for years sighting the recently opened WEEKI WACHEE WINDSOR LIVE MERMAID SHOW with its infamous "underwater topless tuba act" as proof that developers don't know what the area really needs. Been lots of crazy talk go'n round 'bout negotiating the Bottled Water Rights to the underground spring with Snapple, but I hear the water tastes a little bit like mermaid pee.

1638 Eighth Avenue between Windsor Place and Prospect Avenue.


This land had been empty for decades, appearently for a good reason. The current developers, and there have been several in the last years, seem to have more or less given up on trying to address the problems with the site. It has been stagnant for some time.



Closer to home, A similar building excavation just one house away at 400 15th Street had water sitting in it for weeks before they pumped it out. In that case it was really too late as the next door building, 396 15th Street, literally cracked in half and had to have emergency iron work performed to keep it from falling over. The folks at IMBY really need to have a talk with the owner of 396 15th as he has somehow secured an order of protection against the developer of 400 15th street forbidding him from working within 15 feet of his property. I understand that recent testimony at the NY Board of Standards and Appeals(B.S.A.) discussed the financial hardship to the developer that this groundwater is causing. We really need to take more blogging field trips.








As for the land at 406-408 15th Street, the truth of the matter is that if you only do a couple of engineering core/soil samples of what's under the pavement of the parking lot you will never really know what you will find. Samples taken to the full depth of the excavation and beyond, not just below the surface. Water? I am not sure what affect redirecting an undergroud stream will have on the watertable of the surrounding neighborhood. I am no geotechnical engineer, but I wonder who will manage/moniter possible surface subsidence once the three sub cellars have been dug out and lined with cement. What about damage to underground utilities if movement occurs? Shifting foundations? Raising the water table 12 inches in all likelihood will grant me 24 hour swimming privileges to my new basement wading pool. Does anyone at the DoB have any experience with STRIP MINING?

The contractors did however find and remove the large tank(s) located at the front of the lot. This past January they dug up some kind of burried tank, cut it in half, and had it trucked away. By the way, do you need a special demo permit for this kind of work? An environmental study of the surrounding soil, perhaps? Come to think of it, I did see some Giant Asian Long Horn Beetles crawl up out of the hole and scamper over to Prospect Park.

SINKHOLE REDUX 4/29

After the sink hole was "repaired" by the excavation crew, a few days later on April 28th, the drilling rig resumed boring again in the exact same place as before, directly behind the telephone pole. The previous day they had backfilled the original hole as directed by the Brooklyn Department of Buildings. This time before beginning, they pounded two sections of square steel pipe vertically along the lot line and placed a small section of steel plate behind them. On Saturday morning the ground had again shifted so that the damaged sinking section of the retaining wall was now just visible. The telephone utility pole was also compromised again at the base. The pole itself was a few feet shorter, having sunk some.



The drilling rig had been left in place with the boring shaft lowered into a hole left about 6 feet square. There must have been a void remaining beneath that corner of the yard as the ground continued to sink, this time an additional two feet. The construction fence was still bulging a bit at the base and you could look down into the hole where the rig was parked. It seemed that the pressure against the steel plate was too great and the two supporting square steel pipes had been forced backward, allowing some of the ground to shift and fall into the hole. You can see the tread parked at the edge of the hole.

On Saturday afternoon I called 311 again and made a repeat complaint. I made sure that the operator understood that this was additional damage caused after the first repairs had been made to correct the DoB violation from earlier in the week. Complaint #318-9228. When you call 311 to make a complaint, they have a nasty habit of not taking multiple complaints for the same problem. It is important to insist that the complaint be recorded. In this case the Department of Buildings inspector couldn't find any additional damage. If he showed up late in the day, he would not have seen the crew re-repairing the previous weeks repair that morning. End result= complaint "RESOLVED". You see this kind of thing alot with DOB complaints.


Early on Monday, May Ist, the excavation crew removed the fence and refilled the sink hole in my yard for the second time. They removed the broken cinder block wall and secured the utility pole. The pole was now a good 8 feet shorter with the cables running to our house now sitting on top of the shrubbery. They fixed the fence again as well.

I called Time Warner Cable and Verizon. When you call the 718 area code number for Time Warner service requests you get an operator who can't help you because she is in Canada. They can give you one free month of Cinemax, however, for your troubles. Soft Porn, Time Warner believes, has a soothing, balm-like effect on angry customers. If your pole is about to fall over call 311 and they will connect you with a service person at Verizon. Verizon 'owns' the poles. Verizon came out right away sending no less than three different crews. Here is their policy concerning construction. If the pole is in no danger of falling and there is ongoing construction, they usually wait until the entire building construction is finished. After seeing the condition of the block they decided to have an engineer come out and draft a new plan for the entire street. There are three projects currently going on at this time. It may be more than a year before Verizon gets around to rewiring the block.

Now what to do about the damage? Everyone is advising me to hire a lawyer. My feelings about the repairs is that it doesn't pay to make them until this foundation is finished. There is a new problem in that my weeping juniper won't stop weeping. All that Earth sinking has left my tree leaning drastically against the telephone pole. Maybe there is a way to upright the tree without killing it. My neighbors are very worried about what will happen when they start working behind their properties. In the mean time, they have given up drilling behind the telephone pole and are now headed in the opposite direction towards the street. They have successfully bored and placed about eight pilings.

SINK HOLE

INDUSTRIA MECCANICA TRIVELLE (I. M. T.)
Through out April, the excavation crew has been experimenting with different shaped bits on the end of the I.M.T. AF80 DRILLING RIG, mounted on a CATERPILLAR hydraulic crawler base, or "Gazelle". This machine is being used to bore deep holes for the placement of hollow metal tubes or pilings that will eventually be used as the foundation for the new building.



At first they started boring with what looks like a traditional screw/ auger type bit on the end of the shaft, but changed to a different bit that reminds me of a masonry hole saw with small teeth.. They must have hit some kind of obstruction because the boring process is very quick for the first 15 feet or so and then it becomes very difficult. An AF 80 has a maximum drill depth of around 100 to 120 feet, and a drill diameter of 48'' maximum.

The drilling rig itself seems to be having lots of maintenance/mechanical problems. A crew of mechanics spent several days checking out something in the engine compartment. Welders arrived on the scene and made repairs to the auger bit but then a few days later they had to change the auger bit again. The reason for all these changes? It may have something to do with the fact that they have been drilling in the same hole for several weeks and may be having trouble punching through some kind of geologic debris field. They also seem to have hit an underground water source. Personally I would not be surprised if this was the first foundation they have done using this method. I think they may be making it up as they go along.


Yesterday, April 25th, an enormous crane showed up to try and free the rig that had somehow got stuck in the Earth, which explaines why there had been no drilling recently. It seems the steel cable from the main winch that lowers and lifts the shaft on the drilling rig snapped and they had no way to raise it with out the help of this big crane. The work took several hours and the crane was able to pull the shaft free from the muck. The heavy rain from earlier in the week had left the ground saturated and was pooling at the lowest point of the lot...at the point where the rig was stuck.


Unfortunately, about 30 minutes after the crews quit for the day, the huge Hell Hole they made just outside my rear property line began to swallow up my cinder block retaining wall, several flower pots, a wisteria tree, the telephone pole, and my 15 year old WEEPING JUNIPER tree. At first a small crack appeared in the cinder block. Then a small inverted cone began to form under the base of my Juniper. This funnel shaped cone became larger as more and more ground collapsed from below the surface, until suddenly daylight appeared at its center point. You could see the reflection of the sky in the water below. A small layer of bricks and soil formed a bridge at the rear of the hole.


In slow motion, an 8' section of the retaining wall began to sink into the right rear corner of our backyard, hinging from this center crack. You could hear loud "kerplunk" sounds as bricks and stones fell into the small lake behind the construction fence. By nightfall the crack had widened to 18'' and a significant hole opened up in the ground beneath the tree. The telephone pole was being supported solely by the cable wires with its base floating free in the water. By pulling free the stuck drill shaft they had undermined the wall and created a sub surface void.

Seeing that the workers had quit for the day and there was no Emergency Phone Numbers listed on the construction fence, I called 311. The operator decided to transfer my call to the 911 operater instead believing that a telephone pole swaying in the wind was an emergency situation . Two police officers from the 72nd precinct promply came over and decided that it was indeed a dangerous situation, but seeing as there was nothing they could do personally to correct the problem, recommended calling 311 again. This time a complaint (#318-8829) was logged describing the foundation work which lead to the undermining of my rear property and the susequent collapse.

The next morning an inspector came out from the Brooklyn Department of Buildings to look at the damage. The inspectors name was James Barker and he spoke to the construction foreman at great length, who assured him that they would personally make sure that my property was made safe and that all repairs would be made to return it to its prior condition. This was to include rebuilding the construction fence.

By now the crack was two feet wide, with 7 feet of the 8 foot section of my retaining wall pulled down beneith the ground, Overnight we had gotten rain and some strong winds, which excellerated the errosion of the sink hole. The construction fence was bowed out and the chainlink fence post was hanging in mid air, bent backwards by the force of the wind and the weight of the concrete footing still attached.


My neighbors Rose of Sharron had dissapeared almost completely below the water line with just its uppermost leaves showing. The roots of the juniper were now exposed, and some of the red clay bricks on the circular walkway were beginning to pull apart at the mortar joints.



The DOB inspector was very concerned with the damage and lack of shoring behind the property. There is a natural difference in the heights of my property compared to 406 15th Street, of some four feet. Now with the excavation the difference was nearly at a 6 foot drop. The building inspector requested that the hole be refilled asap and that everything be returned to a normal safe condition. The Department of Buildings issued this violation, #042606CO7JB01.




They used the tiny purple backhoe to move the topsoil back into the water hole and to upright the 20 foot section of plywood.

Withdrawl Symptoms

On March 31st 2006 Henry Radusky officially requested that his application for The Armory Plaza on the 408 15th Street address be withdrawn from Department of Buildings review.

The original plans for a 9 story building never really had a chance. The permits were revoked in the Spring of '05 after the DoB realized their error in granting them in the first place. Then the neighborhood downzoned to R6B later in November of '05 lowering the F.A.R. from 2.43 to 2.. This would shrink its buildable square footage and place height limitations on the number of stories. Finally the New Building Permits for 408 became redundant as revised plans for a seven story building would be filed. and then again, after acquiring property at 406 15th Street.

What to expect when you're expecting: A short history of 266 22nd Street.

In 2002 the architect Henry Radusky of the firm Bricolage Designs filed plans for the Brooklyn real estate developer Jack LoCicero to build a 21,173 square foot apartment building on a 36' by 100' lot. The location of the building, 266 22nd Street, is just below the historic Greenwood Cemetery in a neighborhood more recently known as Greenwood Heights. This new building, at 9 stories or 90' tall, would tower over every other structure for blocks and blocks, in an area made up of predominately two and three story wood frame homes.

How is it possible to build so much taller than the neighboring homes? Mr. Radusky and Mr LoCicero were seeking to take advantage of a misunderstood and much abused provision that permits taller, more bulkier structures, than the R6 zoning laws would normally allow for new construction. This provision rewards builders with a bonus, or higher F.A.R. (Floor Area Ratio) for including community friendly spaces in their designs. In this case the building was to be used as a Faculty Housing Dormitory (considered a community friendly use) for the Yeshiva Gedolah Bais Yisroel, located at Avenue J and Ocean Parkway. The Certificate of Occupancy also lists an area specified for a "Daycare Facility".

























During construction, the builders received violations from the Environmental Control Board (ECB) for such things as working without permits, weekend work without variances, working against approved plans, and unsafe excavation and foundation work for which they received Stop Work Orders and fines.

Finally, in 2004 the building was finished and received a temporary Certificate of Occupancy by the D.o.B..




























































The final C.o.O. is dated July 27th, 2004 and clearly indicates a CELLAR RECREATION ROOM, a DAYCARE CENTER FOR AGES 2- 6 on the ground floor, and FACULTY DWELLING UNITS on floors 1-9. According to the D.o.B. a Certificate of Occupancy is THE document used to certify the legal use and occupancy of a building by the city of New York.

On 4/26/ 2004 the D.o.B. decided that 266 was not being used as it was intended and issued a violation "for occupancy contrary to that allowed by the Certificate of Occupancy". The D.o.B. found the apartments were never occupied by the faculty of the Yeshiva. Instead employees of Methodist Hospital, doctors and residents, began renting the units.





















For us folks on 16th Street, the true meaning of this 266 22nd Street "Monster Building" would not become apparent until April of 2004. By that date, permits had already been issued by the D.o.B. for a much scarier "Monsterbuilding II" planned for the 408 15th Street parking lot behind our homes. Fortunately, we discovered that the DoB had stopped granting extra bonus F.A.R. to buildings claiming a future occupancy for Faculty Dwellings Units and we were able to convince the DoB to revoke their permits.

5 Day Notices?

New York City Department of Buildings couldn't be any more clear as to what they require.

I guess they forgot. Jack, how come you never write anymore?

The Mines of Moria?

IF YOU EVER WONDERED WHAT IT WOULD BE LIKE TO LIVE NEXT DOOR TO MULTIPLE CONSTRUCTION SITES, THEN WELCOME TO MY WORLD. YOU SEE I LIVE IN AN AREA OF BROOKLYN KNOWN AS SOUTH PARK SLOPE. MY NEIGHBORHOOD IS IN THE MIDST OF A GREAT BUILDING BOOM. ON JUST ABOUT EVERY STREET, YOU WILL SEE PLYWOOD CONSTRUCTION FENCES SEPARATING THE LOCAL CITIZENRY FROM THE INVADING HOARDS OF DEVELOPERS INTENT ON SQUEEZING EVERY LAST BIT OF F.A.R. (FLOOR AREA RATIO) FROM THEIR LATEST ACQUISITIONS.

I SMELL A RANT YOU SAY. THAT'S NOT MY INTENT HERE, AT LEAST NOT FOR NOW. THIS MY FIRST POST, IS AN INTRODUCTION TO AN EPIC STORY. LET'S GO AHEAD AND SAY CAUTIONARY TALE, THAT WILL START TODAY IN THE MIDDLE, WANDER BACKWARDS IN TIME TO THE BEGINNING ALMOST ONE YEAR PRIOR, AND THEN EVENTUALLY RAMBLE BACK TO THE FUTURE.

LOOKING OUT MY REAR WINDOW THIS IS WHAT I SEE: 406-408 15TH STREET. THE FUTURE SITE OF WHAT'S TO BE CALLED THE ARMORY PLAZA; A 5 STORY BUILDING ARRANGED INTO 27 UNITS OF LUXE LIVING.
DESIGNED BY PRINCIPLE ARCHITECT HENRY RADUSKY OF THE FIRM BRICOLAGE DESIGNS INC. FOR THE BROOKLYN DEVELOPER JACK LOCICERO, THE PLANNED 40,500 SQ FT BUILDING IS TO INCLUDE A THREE LEVEL UNDERGROUND PARKING GARAGE.

THIS IS THE FIRST WEEK OF EXCAVATION ON THE SITE.
ABOVE... IN THE FIRST AND SECOND PHOTOS, YOU WILL SEE WHAT APPEARS TO BE A TUNNEL AT THE LOT'S REAR FENCE LINE. EVEN THOUGH IT LOOKS LIKE THE DWARFES HAVE BEEN TOO GREEDY AND DUG MUCH TOO DEEP INTO THE REALM OF THE DARK PLACES AND UNLEASHING THE FURY OF THE ANCIENT BALROG, IT SIMPLY TURNS OUT TO BE A CONTRACTORS FUTILE "ATTEMPTED ARBORCIDE" BY UNDERMINING THE ROOTS OF MY NEIGHBOR'S 50' TALL MORUS NIGRA OR BLACK MULBERRY. I HAVE TO ASK, "WHEN DID SALTING THE EARTH GO OUT OF STYLE?" WHY NOT JUST GO OVER AND ASK IF YOU CAN CUT IT DOWN?

ON MARCH 24TH, THE NEIGHBOR WHO LIVES WITH THIS TREE ASKED THE D.O.B. TO LOOK AT THE EXCAVATION WORK. THEY MUST NOT HAVE LIKED WHAT THEY FOUND. SOON AFTER THE INSPECTOR ISSUED A 'STOP WORK ORDER'. THE D. O. B. REQUIRED THE BUILDER TO BACKFILL THE ENTIRE EXCAVATION.

DOES THIS OFFER UP SOME PROMISE OF REDEMPTION FOR THE BROOKLYN D.O.B? I DOUBT IT SINCE THE S.W.O. WAS LIFTED AFTER ONLY A WEEK. DOES IT FORESHADDOW A POSSIBLE MODIS APORENDI AS TO THE TYPE OF WORK WE CAN EXPECT FROM THIS EXCAVTION CREW?
I QUESTION WHETHER THE TREE'S ROOTS WERE EVEN EXAMINED BEFORE THEY TOSSED SOME LOOSELY PACKED SOIL BACK INTO THE HOLE.
AS FOR THE GENERAL CONTRACTOR, IF ONLY I HAD THE MONEY IT TAKES TO AFFORD THESE KIND OF MISTAKES. I LOVE THE LAST PHOTO. NOTHING SAYS 'PROBLEM SOLVED' BETTER THAN COVERING THE HOLE WITH SCRAPS OF PLYWOOD.
HERE IS AN UPDATED COPY OF THE ENVIRONMENTAL CONTROL BOARDS VIOLATION.

IN THE BEGINNING, ATLAS SLEPT

The job is stalled for months due to the Stop Work Order by the DoB. Commissioner Susan Hinkson tries to figure out how the permits ever got granted in the first place.



Man vs. Nature as the weeds start to pop through the asphalt of the old parking lot.

EARLY SATURDAY MORNING APRIL 16TH, 2005

If you are one of those people who believe you only get one chance to make a good first impression, then you will enjoy this story.
Question. How does one good neighbor go about telling his other good neighbors, that he plans on building a 9 story, 85' tall, 57,630 sq. ft. Condominium in their back yards? A tricky proposition for sure. Certainly avoiding any unnecessary hostility would be right there on the top of the list. Thinking...Thinking..Thinking...I know, how about showing up out of the blue, before 9am on a Saturday morning with a large crew of workers, start tearing down old fences, and begin installing a new plywood construction fence before anyone notices. That just may work. Good fences make good neighbors.










Now, how should one go about breaking the news to your neighbors that it will be necessary to 'borrow' their land for awhile, (for their safety of course), until this new building gets finished? Thinking...Thinking..Thinking... Hey, I would get those same workers to stand in their tulip beds holding post hole diggers, and then shout in Mandarin and Spanish or "Spandrin", "Good Morning, we are just building a fence, pay us no mind, nothing to see here". "Ten feet of back yard should be just about right. You don't want me to drop a cinderblock on your head, do you."
That is how Jack Locicero, former proprietor of the 15th Street parking lot, now real property developer, introduced himself and his intentions to our neighborhood.

Without any prior warning, we found out that the parking lot at 408 15th Street in Brooklyn, would soon be no more and in its place a massive building more than 4 stories taller than the surrounding 100+ year old residential 3-5 story homes.
In the short time it took my neighbors and me to 'wake up', the crew of workers had already dug the holes, placed the poles, and were mixing the cement, all on OUR property.


Without prior permission the fence installation artists had already set a half dozen poles at Memorial Baptist Church on our corner of 16th St. and Eighth Avenue. Calls to the local 72nd police precinct brought two uniformed officers who settled this 'domestic dispute' by telling the contractors to pack it in for the day. The contractors convinced the police that they held valid permits for the construction fence, yet they didn't bother to post any before starting the work. Can I mention that Saturday work in Brooklyn requires a special permit? One that they didn't have. No charges were filed. Score: Contractors 1 Tulips 0

"Hey, do you have permission to be setting up that fence on church property." we asked. Well, here's the Pastor why don't you ask him directly. The sight of the Pastor of the Memorial Baptist Church yanking fence poles out of the ground and tossing them back into the parking lot, was an epiphany of sorts. No need for an Aramaic translation. Just remove the offending poles, rest the pole against ones shoulder while cupping the bottom with clasped fingers, and then fling the sucker over the top of the chain link fence, and that's that. No need for heated banter. Did you know that "Tossing the Caber" is judged by style and not distance thrown? Did you know that Bob Jones University holds the majority of records for the 'heavy events' at the Scottish Highland Games?













O.K. the first shot was fired. The cat is now out of the bag. One way Mr. Locicero tried to divide and conquer his enemies was to offer each neighbor a separate deal, for cash, in order to rent the land, build the fence, and shut us up. The following day offers were made by the developer's contractors for $1000 to $3000. How about $1000 and free parking in our 3 story underground garage beneath the new building? THREE STORY UNDERGROUND GARAGE! W.T.F.!

Oh, I almost forgot. FINAL QUESTION; HOW DO YOU TELL YOUR NEIGHBORS THAT YOU INTEND TO EXCAVATE THE ENTIRE 100' BY 100' LOT RIGHT UP TO THE PROPERTY LINES MORE THAN 40' DEEP? "Oops, you were not supposed to hear that question until after you agreed to let us build the fence." Needless to say no one was lured over to the dark side.

The next day a small group of 16th Street folk met and came up with this plan, which we implemented the following day. We rented very large Have-a-Heart steel cage traps and baited them with beer and chips. After the workers were captured we loaded the cages into a U Haul truck, drove to the Staten Island Home Depot Store, and then released them into the parking lot, slightly disoriented. Unfortunately, other home owners on Staten Island had the exact same idea and were releasing their troublesome contractors into the parking lot of the Loews a few blocks away from our homes. The workers returned.

Plan B was basically to get the plans from the DoB and see if there was anyway to stop this monster from being built. No problem, right?