IT'S FALL AGAIN!

"THE VUE" 162 16th Street

"Blending in" during construction.
"The Vue" from Fifth Avenue.

Here are two responses by local activists to "Views at ‘The Vue’ in South Slope Will Never be Obstructed", by Linda Collins of the Brooklyn Daily Eagle reporting on the new "The Vue" condominium and it's everlasting panoramic reign over South Brooklyn. I thought I would intercept and post these two letters to the editor on their way to the Eagle just in case they never see the light of day. I have included a link to the Online Petition asking for among other things, the responsible and lawful development in Brooklyn's Park Slope, Greenwood Heights, and Sunset Park, neighborhoods. You can read the petition in it's entirety below or click here.
When I read that headline, ..."Never be Obstructed", I get the creepy feeling that she (well really the developer) means it as a threat to anyone who dares interfere with their vision in any way, the DoB included.
-IMBY



To the Editor of the Brooklyn Daily Eagle,

While I can appreciate your paper’s want to highlight new residential development in the borough of Brooklyn, I feel you have made a grave mistake in publishing what reads as a complete shilling for 162 16th Street, aka “The Vue,” in your article “Views at ‘The Vue’ in South Slope Will Never be Obstructed,” by Linda Collins, published online 10-30-2007 http://www.brooklyneagle.com/categories/category.php?category_id=5&id=16399 .
Shame on you!

Ms. Collins did get one fact right when she interviewed developing partner Barry Katz: “A new 10-story condominium building that may have contributed to the downzoning of the side streets in Park Slope and South Slope.” Yes, out-of-scale buildings such as this were the impetus of the South Slope/Greenwood Heights rezoning in November 2005. Grandfathered in under old zoning, however, 162 16th St. has been and is the poster child for development gone wrong in Brooklyn.

This particular structure has plagued the residents of 16th Street and Prospect Avenue in South Park Slope with a myriad of Department of Buildings and Environmental Control Board violations that have directly affected their, and the surrounding area’s, quality of life. Even though this article appears to be an advertorial, I'd like to point out a few facts in this article that are incorrect or misleading:

1. “ . . . 162 16th St. is set back to match the line of adjacent homes . . . " This is not true. The building is not aligned with the street wall. It is considerably set back from adjoining properties on the block. This tactic, lessening bulk to gain height, is what the developer employed to acquire those "views." While allowed under building code, the decision to set the building back from the street wall was not made for any contextual or aesthetic reason, but solely to maximize the building's Floor Area Ratio in a way to get as much height as possible.

2. “ . . . the developers have created off-street parking with 37 spaces for 45 units, greatly lessening the impact tenants’ cars would have on the street and neighborhood.” New York City building code REQUIRES off-site accessory parking for any building over 10 units. Mr. Katz and his partners are giving no benefit to the community; these parking spaces are a requirement. It should be noted that the developer does not have to allocate these parking spaces for the residents of the building. They may be rented or sold to outside parties, in effect worsening the parking congestion for the residents in the area, not improving it.

3. “And the views will not change. The aforementioned downzoning will ensure a lifetime of unobstructed views.” Mr. Katz’s observation, “The views. We are sitting at the top of the slope and from the third floor up, the views are incredible,” underlines Ms. Collins’s statement. But let’s consider the veracity of these statements.

The rezoning of 2005 mandated lower density on side streets of South Park Slope while deeming the major avenues suitable for higher density, especially Fourth Avenue, with an allowable maximum height of 12 stories. As of this writing, a proposed 12-story building is planned right down the street from the “The Vue” on Fourth Avenue, between 16th Street and Prospect Avenue, which would block the view from “The Vue.” Perhaps Mr. Katz and Aguayo & Huebener Realty, the real estate firm representing “The Vue,” should explain that to potential buyers. There are many more proposed “as-of-right” 12-story building projects on Fourth Avenue, any of which may block those “unobstructed views.”

4. “Designed by Karl Fischer Architects . . .” This is incorrect. The architect of record for the entire project is renowned “bad-boy” architect Henry Radusky of Bricolage Designs. After repeatedly and grievously breaking building and zoning code, Mr. Radusky lost his right to professionally certify in New York City in 2003. With 162 16th St., Mr. Radusky and his firm have not only produced another cookie cutter Bricolage building, but have created countless wasted hours of work at the Department of Buildings with multiple plan exams, refillings and repeat inspections for building and zoning violations, dating back to the summer of 2005. In fact, the property was found to have deficient plans as recently as July 2007 and the DOB’s Stop Work Order in response to this recent plan review was only recently lifted. Reviews are still pending.

Any affiliation with Karl Fischer Architects is a ruse and, in my personal opinion, adds no cache to the condos’ sale value, in the fact that Karl Fischer Architects has its share of controversial projects, many of which blight the South Slope along with those of Bricolage Designs.

5. “The building should be ready for occupancy in late 2007 or early 2008.” The building has yet to obtain a temporary certificate of occupancy and very well may not receive one if its multitude of building and zoning code infractions are not addressed by the development team and approved by the DOB.

In closing, as a community activist who fought this building and ones like it at 182 15th Street (a failed 12-story “sister” project of Mr. Katan’s, which lost its vesting appeal at the Board of Standards and Appeals in 2006) during the rezoning and to this day and now as chair of Brooklyn Community Board 7’s Buildings & Construction Sub-committee, I find it abhorrent that Ms. Collins and this paper’s editorial staff did not do proper research into this controversial project before publishing a one-sided shill of an article on behalf of this development team. It is the written equivalent of spitting in the face of this community and its long-suffering residents.

I encourage you to do further and responsible research on this property and write a more factual and well-rounded article on 162 16th Street, which presents all sides of “The Vue,” not just the view to the bank seen by the development team and real estate agency.

Sincerely,

Aaron Brashear
Chair, Buildings & Construction Sub-Committee, Brooklyn Community Board 7
Co-Founder, The Concerned Citizens of Greenwood Heights

********************************************************************************



On Wednesday October 30th 2007 you published an article titled-
"Views at ‘The Vue’ in South Slope Will Never be Obstructed" by Linda Collins.
Your paper should be sued for printing this blatant fabrication of lies. The fact that your paper and the writer would make it seem as if the claims in this article had been researched and substantiated, boarders on criminal negligence.
The developer (Isaac Katan) and his Associate Barry Katz have abused the City, the community, and the system, in a continued attempt to rape and pillage their way to millions. The writer (Linda Collins) took the words of, what some believe to be, criminals and without verifying them or asking those affected by their actions, printed them (verbatim) as facts.
Had your paper or the writer done just a very small amount of research you would have found:
-The Architect of this project is the one and only Henry Radusky. The same Henry Radusky who, because of his penchant for violating the building code, was forced (long ago) to relinquish his rights to self certify his work. Also the same Henry Radusky who is being sued (Much the same as his Developer friend Isaac Katan) by just about every one who has bought a building that he was involved in.
-There are not 37 parking spaces and the few spots that exist are not being given to anyone but sold at a considerable profit.
- Your/their claim of making "an effort to blend in" is nauseating. They have done nothing for the community and in fact have shown a total disregard and arrogance toward the concerns of the community. Just go to the block and ask around or take a look at the spot lights blaring into the adjoining properties that they have installed in the parking lot and in front of the building.
-If Mr. Katz (who claims to be doing so much for and with the neighborhood) knew half a much about the community that he has abused as he does about how to "work the system", he would have known that the plumbing supply company was in fact in an old theater, and did not come with the “swath of land running behind the backyards of several of the neighboring houses” . That “swath of land running behind the backyards of several of the neighboring houses” was in fact owned by a fence company who’s owner, and family, lived in the so-called “vacant townhouse” for 4 generations.
It is because of that “swath of land running behind the backyards of several of the neighboring houses” that Mr’s Katz, Katan, Radusky and associates were able to "work the system" to be able to build such an out of context monstrocity on a block of 3 story .
Also it is because of this “swath of land running behind the backyards of several of the neighboring houses” that they should show some consideration for all the neighbors who’s properties are adjoined to this eye sore.
-As for the views. The floor to ceiling windows are in violation of the building code. What will happen when the buyers are forced to lose those views? Also what they aren't telling anyone is that if someone (like Mr. Katan) decides to by on 4th Ave. they would be able to build another 12 story monstrosity to block much of those "VIEWS". Lastly in this regard is the fact that Mr's Katz and Katan have the neighbors to thank for preserving (much of) the views, and yet it the neighbors who they continue to abuse and disregard.
-They (the developers and their associates) have done absolutely nothing to blend in or benefit the community. The open space in the front and again in the back was nothing more than the bare minimum requirement of the building code. What little they did was done in an attempt to comply with the code. Even at that their compliance has been and still is in question. In fact there are still questions as to the legality of everything above the 5th floor.
The community would respectfully ask that you withdraw all of the false claims of this article and publish a new article documenting the truth about this developer and his abuse of not only this but every community that he has done work in.

Thank you

Bo Samajopoulos &
The concerned Citizens of South Slope.

----------------------------------------------------------------------------------------------------------------

Responsible & Lawful Development-162 16th St.

The petition

Petition for Responsible & Lawful Development in Park Slope, South Park Slope, Greenwood Heights, Sunset Park, Brooklyn.

To Our Elected and Appointed Officials:

We the undersigned request that you bring to bear all resources available at your disposal to help ensure the safety and security of our community in the face of the disregard demonstrated by real estate developers for our concerns.

Many of the developments that have sprouted up in our neighborhood are of questionable stature and have been built with no regard for the community or even the new owners. We would like to make sure that any remaining work to be done abides by all laws, complies with NYC building code and respectful of community concerns and needs.

Specifically, we are asking that:

- any retaining walls that adjoin other properties meet or exceed existing code so that they do not give way or cause drainage problems to the abutting properties.

- Guarantee that access to parking areas are strictly controlled, with a gate and security guards between the street and the lot. Access to many of these parking lots is de facto access to our back yards.

- Prevent light pollution by installing tightly-focused lights of limited height in the parking lots or any portion of the newly developed property that could contribute to light pollution and disturb neighbors.

-Build up the retaining walls to a height (at least 3 foot above the parking lot grade) that is more likely to prevent a car from accidentally, going into the adjoining yards, and possibly hurting or killing any children playing in said yards.

-Allow access (which up until now has been limited) to all utilities so that they may provide and maintain the services which are required for the neighbors day to day living.

****
AS A SPECIFIC EXAMPLE: 162 16th Street, Brooklyn, NY
Please help ensure the safety and security of our community in the face of the disregard demonstrated by the developer, Barry Katz/Issac Katan of 162 16th Street, Brooklyn, NY aka "VUE." Our points outline above in this multi-neighborhood petition are outlined as specific examples of the illegal activity that Mr. Katz and Mr. Katan have violated, destroying the quality of life of our community at 162 16th Street, Brooklyn, NY. (92 311 complaints / 18 DOB violations / 14 ECB violations / Countless "stop work orders" / DOB BIS page
****

For almost 4 years many developers has been allowed to totally disregard our lives, our homes and many laws. The community has filed hundreds of complaints with little to no satisfactory results. We ask that these meager requests be addressed, before any Certificate of Occupancy (temporary or otherwise) is given to any new buildings.

Your immediate consideration and response is appreciated and needed.

This on-line petition will be submitted to the following:

Mayor Michael Bloomberg
Congresswoman Nydia M. Velázquez
Borough President Marty Markowitz
Public Advocate Betsy Gotbaum
Councilmember Sara M. Gonzalez
Councilmember Bill de Blasio
Councilmember Tony Avella
Assemblymember Joan Millman
Assemblymember James Brennan
State Senator Velmanette Montgomery
Patricia Lancaster, Commissioner Department of Buildings
Amanda Burden, Chair City Planning Commission
Randy Peers, Chair, Brooklyn Community Board 7

In Your Back Yard. 359 15th Street

It's aways nice to hear from our other reader. Especially when they send along these great rear window's view photos of the unbuilding of 359 15th Street. Last week we gave you a veiled glimpse through the sheer netting that covers the front facade. This week we go from behind to get another peek at just what's up in the rear. When you are ready, gentle reader, we may even show you something from "Behind the Green Tarp". But not yet, be patient, you're not ready.




























So what are you looking at!
Just discovered the bones of the Virgin Mary while excavating next door? We publish some of the best amateur architectural photography on the web. So if you're the Madame Defarge archivist type who sees the executioner's basket as half empty. then feel free to send us your photos with a brief but bitter description being sure to include all the sordid details, flashbacks eagerly appreciated. We love to see and hear about what you are currently seeing and hearing. Because, damn it, if you just have to look at it everyday, don't you think the rest of the world should have to as well?

Here's where. IMBY@nyc.rr.com

MMG DeConstructive Criticism

Stopping Work
Demolition has begun on 390 14th Street by Staten Island's own Mother of all Destruction, Marie Grasso and MMG Construction.
A STOP WORK ORDER for failure to safegaurd the public and property had been issued on 10/30, then...
a PARTIAL RESCINDED STOP WORK ORDER to remove debris and secure the site was issued on 11/02...
then on the same day according to information on the B.I.S. web page, the STOP WORK ORDER was fully RESCINDED. That's some pretty fast "paper" work and an excellent job at keeping the wrecking ball rolling. So fast that they didn't even have time to post any of this official documentation out front on their construction fence as of yet, including the original demolition permit. I wish we could get that kind of service from the D.o.B. but then maybe we aren't as good of customers as MMG is. Can anyone explain what happened to the DoB violation? I'm not sure how these kind of things work.

Wrecking Havoc

Here's a company, a house wrecker of ill repute, who's bad record precedes itself. If Ms. Lancaster, and her Department of Buildings is serious about "disrupting the business models" of bad girl companies that routinely, blatantly, disregard the safety of the public and property, why not start by suspended MMG's ability to secure new permits in Brooklyn until further notice.

Brownstoner "More Shenanigans at 339 Greene Avenue"

Park Slope Courier- "2 Hurt, Yet 16th St. Demolition Continued" by Charles Hack

Starting from a clean asbestos-free slate.
Once the 25'x100' lot, with its existing two story wood frame house, is cleared the owner and developer 390 Sim Development LLC, has plans to build a 4 story, 47' tall residential building with 6 units of housing.

Unbuilding the South Slope: 359 15th Street get's a DoB "Beat Down".

Brooklyn Department of Un-Building's
It used to be that when you heard officials from the Buildings Department say "take some off the top" they couldn't possibly be talking to anyone other than their barbers. How risky a business to throw those words around? Remember being considered "difficult and overbearing" by builders can end up costing you your job. That's why it's so surprising to see the D o B playing it tough.








































































Self inflicted wounds?
On our little 15th Street it appears they are doing just that, taking some off the top. The builders are busy removing a significant portion of the upper floors, brick by brick, from what had been in all appearances, a completely finished building. Is this another case of not building according to the official filed and approved plans on record or, is this just one more South Slope top heavy condo, its mezzanines busting at the seams with way too much extra floor area?
It would be interesting to calculate how much F.A.R the 60 cubic foot dumpster out front contains. Floor area is in square feet of coarse, while a container dumpster holds cubic feet so someone will definitely need to do the conversion. Math is not one of my strong suits. I suspect that 's a pretty expansive dumpster though. Last week they even disposed of two iron spiral staircases. Oooouch!



So what does the recent disaster at 300 20th Street in Greenwood Heights have to do with the recent unbuilding of 359 15th Street?























In both cases the "Current Applicant of Record" is Sandor Weiss, RA. license # 14318

300 20th Street


359 15th Street

The NYC Department of Buildings-IAD Disciplinary Actions for Architects and Engineers listed a Sandor Weiss, R.A., as one of only five professionals penalized in 2006. He was fined and surrendered his "D-14" or Directive 14 of 1975- a Department granted privilege of limited plan review by examiners. D-14 covers such things as zoning use and egress issues.

In 2002 Sandor was disciplined for misconduct by the New York State Education Department- Office of the Professions.

Sandor Weiss, Brooklyn, NY
Profession: Architect; Lic. No. 014318; Cal. No. 19641
Regents Action Date: February 12, 2002
Action: Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $5,000 fine.
Summary: Licensee admitted to charge of failing, on three separate occasions, to prepare a thorough written evaluation of architectural plans to which he affixed his signature and professional seal but which were neither prepared by him nor by an employee under his supervision.
Of coarse no one ever sees an architect operating a back hoe.

There's incompetence and then there's incompetence!





"Good Neighbors"
I have seen some disorganized, dangerous work sites before but this one may be one of the worst. There's a big pile of tires and concrete still on the site. It appears they just started digging without first clearing the lot of debris and some small trees. The hole itself is filled with standing water. No protective shoring is evident anywhere despite considerable excavation. The construction fence is leaning way out over the sidewalk.
In Brooklyn one day you're working as a (fill in the blank) the next day you're in the foundation/excavation business. The Buildings Department special teams deserves credit for stepping in and taking control away from these guys before they hurt themselves or someone passing by.























CRACKS!
Unfortunately it looks like another financial hardship for the owners of 472 6th Avenue and the proprietors of the K&H Deli. There appears to be a fresh crack in the 20th Street side wall indicating that the rear extension of the grocery store is starting to pull away from the main building, after having been sucked into the neighboring hole. Damage may be much more extensive than a collapsing rear wall. They will need to hire an engineer, and an architect, and a builder, and a lawyer, and a therapist. It's time for the City to "disrupt the business models" of all the companies irresponsbly involved in any way with 300 20th Street. We have the laws, now lets see how well we can enforce them.

The Special Enforcement Plan operationally complements a recent legislative initiative that will enable the Buildings Department to further deter abuses of the professional certification privilege and hold repeat offenders accountable for their actions. Bolstering the Department’s enforcement abilities, the New York State Assembly signed Assembly Bill 7746 into law on August 17, 2007, enabling the Buildings Department to refuse applications filed by professionals who, after due process, are found to have filed false or fraudulent documents.

Under Phase I of the Enforcement Plan, $6 million was allocated to the Buildings Department to create 67 new staff lines to support the Department’s new multidisciplinary enforcement model. The new staff lines are distributed among three new units: the Special Enforcement Team; the Excavations Inspections & Audits Team; and the Professional Certification Review & Audits Team. Of the 67 enforcement positions, the Buildings Department is still accepting applications for 19 positions as it continues its recruitment drive.

Here is some more information on 300 20th street for your consideration. Click to view.

UNSAFE DEMO

UNSAFE CONDITIONS

DEFECTIVE FENCE

Dropped Decking

This is how the new rear yard is shaping up after the non compliant building conditions were found. The builder dropped the underlying steel structure a few feet so as to comply with the rear yard setbacks. The built out section (100' commercial zoning overlay) along 8th Avenue looks like it will remain.

From time to time we get these DoB press releases in the Imby@nyc.rr.com mailbox. Here is the latest one cut and pasted for your viewing pleasure. For some reason the Blogger spellchecker insists on changing the Mayor's name to "Bumbag".

BUILDINGS DEPARTMENT DELIVERS PROGRESS REPORT ON SPECIAL ENFORCEMENT PLAN TO STOP ABUSES OF CONSTRUCTION REGULATIONS

Newly-Operational Units Demanding Excavation Site Safety, Building Cases Against Repeat Offenders and Cracking Down on Noncompliant, Professionally-Certified Plans

Buildings Commissioner Patricia J. Lancaster, FAIA, today provided a progress report on implementation of the Special Enforcement Plan to raise the bar for construction standards citywide. Announced by Mayor Michael R. Bloomberg in July, Phase I of the Enforcement Plan outlines measures to form new multidisciplinary enforcement units, focuses resources on identifying and holding repeat offenders accountable and increases oversight over the professional certification program. The progress report was delivered today, 115 days after funding for the Enforcement Plan was announced.

“Our Special Enforcement Plan is designed to disrupt the business models of those who intentionally or carelessly put the public and workers at risk by defying the Building Code or Zoning Resolution. We’ve formed three new enforcement units and empowered them to take action on critical construction issues affecting New Yorkers: repeat offenders; unsafe excavation work; and abuses of the professional certification privilege,” said Commissioner Lancaster. “While our work has just begun, this is a substantial step toward reaching our ultimate goal of ensuring safe and compliant development by making it cost effective to play by the rules.”

Since July, the Buildings Department has laid the foundation upon which the Special Enforcement Plan is built. Achievements include:

• $6 million dedicated by Mayor Bloomberg for the new Special Enforcement Plan
• Three new enforcement units created to implement the Special Enforcement Plan
• Special Enforcement Plan recruitment underway, with four recruitment fairs held already
• Excavation Violation Guide created for new Excavation Unit
• New Excavation Unit inspected 767 excavation sites, stopping work at 167 sites
• New Special Enforcement Team building cases against 50 individuals or companies
• Professional Certification Review & Audits inspected 285 sites and audited 155 plans
• Stop Work Order Patrol expanded to the Bronx and Staten Island

The Special Enforcement Plan operationally complements a recent legislative initiative that will enable the Buildings Department to further deter abuses of the professional certification privilege and hold repeat offenders accountable for their actions. Bolstering the Department’s enforcement abilities, the New York State Assembly signed Assembly Bill 7746 into law on August 17, 2007, enabling the Buildings Department to refuse applications filed by professionals who, after due process, are found to have filed false or fraudulent documents.

Under Phase I of the Enforcement Plan, $6 million was allocated to the Buildings Department to create 67 new staff lines to support the Department’s new multidisciplinary enforcement model. The new staff lines are distributed among three new units: the Special Enforcement Team; the Excavations Inspections & Audits Team; and the Professional Certification Review & Audits Team. Of the 67 enforcement positions, the Buildings Department is still accepting applications for 19 positions as it continues its recruitment drive.

The Special Enforcement Plan is the result of a collaborative effort by Mayor Michael R. Bloomberg, City Council Speaker Christine Quinn, Housing and Buildings Chair Erik Martin Dilan, City Councilman James Oddo, and Buildings Commissioner Patricia J. Lancaster to support the continual transformation of the Buildings Department. The Special Enforcement Plan will be implemented in three phases.

Since 2002, the Buildings Department has worked aggressively to streamline its processes, improve transparency, and infuse integrity and accountability into its daily operations. From putting its Buildings Information System on the Internet for public consumption to making most contents of job folders available on its website, the Buildings Department has committed itself to improving the access to services it provides the public. Building on these accomplishments, the Special Enforcement Plan will further the Department’s mission of ensuring the safe and lawful use of all of New York City’s 950,000 buildings and properties.

New Yorkers are encouraged to call 3-1-1 to report noncompliant conditions or 9-1-1 to report emergencies at construction sites or buildings. New Yorkers who suspect a building or property has been structurally compromised should call 9-1-1.

###

Contact: Kate Lindquist/Carly Sullivan (212) 566-3473

Lowered Expectations

Iron dropped.

Unbuilding in the South Slope

Ten Yard Penalty for Encroachment

Hey look, construction workers are cutting and removing the re-bar, prying off the metal decking, and unbolting the steel I-beams from the rear yard of 406 15th Street. All this in order to lower the rear yard. making it more in line with the curb level grade. One step forward, two steps back.

Open "letter" to all those who care about this sort of thing...

Sins of omission and commission
These are strange days indeed when a neighborhood can "celebrate" the simple enforcement and compliance of the law. This week another small, lets say, "victory". Armory Plaza workers have been out in the rain removing all the recently installed re-bar and metal decking from the offending section of their building's rear yard that is not part of the commercial zoning overlay. It looks like they are also dismantling the steel I-beam support structure as well. Approximately 1800 square feet worth. A pretty sizable chunk. It amazes me how such a blunder could possible have occurred. The owner/developer/builder has been on the site every day supervising the construction. Surely they must be working from a set of approved plans and not just making it up as they go along. Maybe they were ill advised, or maybe they were hoping that no one would notice until it was too late.

To Protect and Serve
Yet again, it looks like the local South Slope citizens must bear the burden of responsibility for policing NYC's building codes, zoning rules and regulations. No easy feat even for those who can afford to pay attention.

What exactly does it take to make this happen? Calling 311 with a well targeted complaint doesn't always start the ball rolling, but it begins the official documentation trail of tears. You will need to make the trip downtown to 210 Joralemon Street, 8th floor and, if the gods aren't too constipated that day, you may miraculously find and then purchase a copy of the drawings on file for as little as $150. Next, locate a sympathetic architect familiar with City Planning's zoning rules willing to go over those said plans looking for anything out of the ordinary that may help your cause. In this case it didn't take very long to uncover the error. All one had to do was look out their rear window to see that what was being built didn't match up with what was on paper.
Heavy Lifting
If your lucky enough to have someone like Assemblymember Jim Brennan fighting on your behalf, your concerns will eventually be seen by someone who actually has the power to pull the plug on the builder. Someone like Mr.Magdi Mossad R.E., the Brooklyn Borough Commissioner at the Department of Buildings. Here is the letter Jim sent at our request from September 28th, 2007 to Commissioner Mossad.
























The Commissioner's response, in part, to this letter came on October 2nd.

"The site at 406 15th Street is not overbuilt in terms of zoning floor area. It is to be noted that sub-cellars and cellars are not counted as floor area as per ZR 12-10. Please be advised that the plans approved on 12/29/05 show sub-cellar #1 and #2 are erected up to the rear lot line for the full length of the lot line. The cellar plans were approved showing the required 30ft rear yard. The Department through a recent inspection to the site (conducted on 9/24/07) have observed steel framing of the cellar floor projected into the required 30ft. rear yard. In normal circumstances, a stop work order should have been issued until the approved plans are amended or the site construction changed to conform with the approved plans.

In your letter of September 28th, 2007, you are concerned that the inspector is overlooking obvious evidence of non-compliance. As you are aware, our first goal at the present time is to stabilize the surrounding soil adjacent to the site. To issue a stop work order for plan contradictions may cause delay of the stabilization process and for sure shall not be for the benefits of the surrounding properties.

The applicant was immediately notified with the changes required. Amended plans were reviewed for the changes and will be approved when all objections raised are being answered. The required rear yard shall remain and site shall be in full compliance with zoning requirements."

If it's any consolation, one might be able to squeeze a few bitter drops of joy from this debacle thinking that someone has spent their weekend camping out on the front steps of Joralemon Street waiting to file their Post Approval Amendments.

REVISED PW-1 & SCHEDULE "A" SUBMITTED HEREWITH TO INDICATE REVISED GROSS FLOOR AREA OF BUILDING AND CHANGE TO NUMBER OF OCCUPANTS IN CELLAR AS SHOWN.

AMENDED PLANS HEREWITH FILED REVISING ARCHITECTURAL PLANS TO MATCH PREVIOUS APPROVED STRUCTURAL PLANS. REVISED SCHEDULE "A" TO MATCH PLANS.

Here is what the structure looked like at the end of last week. Ready for concrete.
























Along the rear lot line in question.



















Building according to those pesky plans! Sub-cellar #1 and #2 plans showing no set back. None is required because sub-cellars are apparently exempt. In this drawing as is in life, the foundation pilings extend out to the rear property line.






















Cellar level plan (below) showing 30' set back as required by God.


















Haunted by Past Performance. What might have been.
What ever happened to our "evil twin" 266 22nd Street? Recent DoB and ECB activity shows that even two years later, the building's Certificate of Occupancy problems still remain unresolved. Here's a copy of the Temporary C of O from 2004.






















Description of use
It reads in part, Note: Faculty dwelling units as designed above shall be maintained as a group 3, community facility use dormitory for "faculty housing in a class A multiple dwelling" dedicated to the exclusive use of Yeshiva Gendolah Bais Yisroel, a registered educational institution by the NYS Board of Education...."
The first floor shows a 19 person "Day Care Center for ages 2-6"

The problem? So of course nine towering stories later when the building gets built, there's no sign of any yeshiva faculty or children ages 2-6. I can't imagine that cellar level "recreation room" is getting much use either. Art therapy classes anyone...anyone?





























If there is bright side for the builder in all of this, by removing the offending section of the Armory Plaza now, maybe he will be spared future penalties (not that he's paying any of them anyway) and actually be able to receive his C of O when the building is finally correctly built and occupied, how ever many decades from now that may be. Maybe we deserve a thank you.

Memorial Baptist Church Old Fashioned Crack Tent Revival

Its simply carved cornerstone reads "M. B. C. 1891".

Been a while since I've seen the inside of the Memorial Baptist Church. Has it been over seven months already? I probably had good reason. It's always been a very real possibility that if I should ever enter any house of worship, I'd be struck down by a bolt of lightening, smitten with a burning ague, or even dashed to shards, like a potter's vessel, with rods of iron no less. Best case scenario would have me escape with my skin, but somehow I'd be left in charge of the church's coffee hour, for ever and ever and ever slicing bagels and pouring O.J. into little Dixie cups on into everlasting eternity.

It was heart stopping to say the least, my most recent visitation. Judging by the progress being made by the cracks in the Church's auditorium, I might also add "being overtaken by tumbling walls" to my fears list.
Last January the newly acquired 20' long vertical cracks could be described as "hairline". In these new photos from early August, the same set of cracks has opened considerably. Additional cracks have recently been discovered along the western wall as well now. Just when you think the worst is over, additional cracks show up.




































































On the outside of the building a set of basement stairs is literally crumbling to pieces as it pulls away from the foundation. A single cock-eyed crack monitor stands watch, its bulls eye, strained off center, testifies to the fact that the Earth has indeed moved away in an opposing direction. Is there any danger of the whole place returning to dust in one mighty end-times cataclysmic rush? The foundation has stood the test of time. up until now.




















Your Mortar Salvation Awaits
More than once I have seen in our neighborhood, the redemptive talents of brick masons save a wretch of a building from almost certain damnation. Three Hundred Ninety Six 15th Street comes to mind. Maybe even 1504 8th Avenue... or maybe not, it's too soon to tell if that one can be saved.



Who, what, where, and ... when!?

Back on the 5th of June, owners from some of the adjoining properties, including the Pastor of Memorial Baptist Church for the last 18 years, Stephen Christopher, met with Brooklyn's Department of Buildings Commissioner Mr. Magdi Mossad to discuss the recent 406 15th Street Armory Plaza developments. In the company of Com. Mossad was Assistant Chief Inspector Bernard Ross, Inspectors D'Alessio and Ronshle, (or is it Ronshle and D'Alessio?), Forensic Engineer Tim Lynch, and the DoB Community Liaison Ken Lazar. Also in attendance Jeremy Laufer and Aaron Brashear from Community Board 7, Anne Schaetzel from Assemblymember Jim Brennan's office, and last but not least, playing host to the meeting, Community Liaison Tom Gray from City Council member Bill DeBlasio's office.


How this meeting actually came to be is kind of a mystery. Out of the blue, a call came from Councilmember DeBlasio's office asking residents if they were planning to attend an informational sit-down with members of the Buildings Department. "What meeting?", was their reply.
Previously Jim Brennan had been helping locals navigate through the DoB's bureaucracy from the project's start. He arranged for their first audience with then Brooklyn Buildings Commissioner Susan Hinkson after residents discovered that the DoB had "erroneously" issued new building permits for Mr. LoCicero to build his 9 story "Armory Plaza Yeshiva Faculty Housing Dormitory".

Crazy as this sounds, apparently not one of the 16th St. homeowners ever got an invitation. Although this special event had been scheduled for some time in advance, ultimately for the benefit of adjoining property owners, they found out it was "happening" with less that 24 hours notice. No one thought to include them. Maybe the invitations... fell through their cracks?
A little side note: When it looked like none of the 16th Streeters would be able to attend at so short a notice they tried to reschedule. The residents were told no, that the meeting would go on as scheduled, with or without their presence. Tough love, to say the least. One neighbor, unable to take off from work, arranged for a conference call so she could at least listen in to the proceedings.
The exact agenda for this meeting was unspecified. It wasn't made clear whether the DoB would even be open to answering questions posed by property owners.

Information replaces fear?

So the meeting was held exactly at 12 noon in a small conference room at the back of DeBlasio's Windsor Terrace office. Com. Massad began speaking by providing a brief description of what steps the Department is/was/had implemented in order to protect the public during the ongoing construction of the Armory Plaza's foundation. He chose to begin the official script starting in July of 2006 with the damage to the foundation and facade of 1504 8th Avenue and the subsequent Orders to Vacate. We at IMBY seem to recall that the story should have begun, "Once upon a time, way back in April 2005,"

(Selective memory loss always helps when one attempts to rewrite history.
Check out the Buildings Information System. That's where anyone off the street can find the real time line.)

Before 1504 8th Avenue fell to pieces in July of 2006 there were already Buildings violations and Environmental Control Board Violations on the books from previously damaged properties dating back to April of 2006.

The Commissioner detailed the remedial steps taken by his office since July. Steps which included installing crack monitors and the scheduling of numerous (dozens?) controlled inspections of the excavation site by the Department's Special Forensic Engineering Unit. He also mentioned that a new engineering firm, Demerara Engineering, PLLC, was enlisted in March of 2007 to take over the controlled inspections at the site. It never was clear if this was at the DoB's suggestion. I wonder what happened to the first engineering company who designed and oversaw the project?

As for the meeting, I must say there were several times early on when the thing teetered on the brink of disaster. Decorum broke down, giving way to angry confrontations as property owners and DoB representatives threatened to walk out on each other. There seemed to be conflicting opinions on just how successful the new safety measures had been at turning things around. In more ways than one, there was very little available wiggle room . Maybe holding the meeting in such a small, enclosed office space, excited peoples natural fight or flight response. If it wasn't for Anne Schaetzel banging her shoe on the table top, finally restoring order, I'm certain the meeting would have ended with some sort of honor killing . In the end both sides agreed on at least one thing. The contractors are not very nice guys.

Reading the warning signs.
For one example brought up during the meeting , NYC Forensic Engineer Timothy Lynch, answering criticism that the DoB had not listened to the homeowners previous (before July of 2006) complaints about large sink holes forming, and that they feared their homes were in danger of being knocked off their foundations by the boring and pile driving, responded by saying that after the July Stop Work Order, a kinder, gentler, less invasive, duplex-boring technique had been specifically required, and that this in its self should have taken care of any future "damage to adjoining property" problems. Home owners in attendance disagreed. "Yes, we noticed a slight change for awhile... but only for a few days... that is until the contractors reverted back to their old style of boring with a vengence and then the situation actually got far worse with cracks forming overnight".
The DoB seemed both surprised and frustrated at hearing this new report about the contractors' lack of compliance. "What about all those controlled inspections?", the homeowners asked. Everyone within several blocks could testify to the banging and shaking. Surely it's not something done easily on the sly.

I told you so...it's for your own good.
In the end, listening to the DoB's side of the story only reinforced home owners worst fears. That despite constant monitoring, and plenty of 311 calls, DoB officials were still unable to control the contractors and the deteriorating conditions at the job site. That they had mistakenly placed their trust, and property, in the hands of government employees in the hope everything would somehow end happily ever after. What's even worse is that it seems DoB officials are allowing the contractors to continue working out of fear that if they stopped and did not finish their foundation, even more damage could result to the homeowners property.

They need to abandon their denial mode tactics. Hiding in the in the subcellar until the storm blows over isn't working. The shame is, and we at IMBY believe in the power of shame, have said this many, many times before, the damage was entirely preventable. There was plenty of prior warning. As what would become the afternoons mantra, to be repeated many times during the meeting, "Why are we here. This meeting is a year too late."
But now what to do that the damage is done, the boring and pile driving is over, and the surrounding soil is still unsettled? Conflict resolution time. Bring on the engineers and the lawyers.


"But wait, all is not yet lost. Fear not, and have ye faith, for your walls are held fast. There is a crack monitor on thee." So saith The Department of Buildings.

One good thing that came out of this meeting was that inspectors finally went out that same afternoon and inspected the damage to surrounding properties. That's how crack monitors got placed on the Church's interior wall and outside steps. Seen as a good faith gesture that the Department would take future complaints more seriously. The DoB inspection reports must have had some impact on the developer's new engineer as a few weeks later some home owners received letters from Demerara Engineering requesting that they be allowed to inspect the damage for themselves and, like "good neighbors", perform all necessary engineering tests of faith and measures, including soil borings, to insure the future safety of surrounding properties.

The Temple walls are crackin', now what?

For some the damage to the Memorial Baptist Church may be read as a sign. A geo technical test of faith. A belief is held amongst some Christians that the future of worship will not take place within a traditional brick and mortar church building at all. Ordinary faithful folk will come together to hear the Gospel where ever there is a place and a need, not unlike the first wandering Christians. Maybe the congregation of Memorial Baptist Church is being tested by this siege upon their walls. What will they do if their temple walls come tumbling down? I have no doubt that they will pitch a tent, after acquiring the proper permits of course, and begin anew the very next Sunday or, as soon as the dust settles, which ever comes first. For now there are engineering and legal bills to pay. Repairs have been put on hold until the extent of the damage and the means to fix it can be arrived at.

396 Resurrection

Some before and after shots of 396 15th Street. I would like to see them replace the cornice, if it's possible.

Water Table

An interesting phenomenon is occurring at 400 15th Street. Water seems to be seeping into the recently finished basement. Could the source of this water originate from the mythical underground stream that all the "old timers" keep warning us about? Is this finally proof of its existence, or could this just be a localized welling of the neighborhood's tears.

See Sixteenth Street Sidewalk Shed

Pedestrian protection positively in place. A prompt response by China Perfect. Score one for the Department of Buildings. Past prose.

Geotechnical Studies

Two additional boring samples taken yesterday and today along the 15th St. side of 1502 8th Avenue. This is the corner building attached to the vacated 1504 8th Avenue. Most likely these boring tests have been ordered for remedial purposes related to adjacent excavation work. Subsurface voids perhaps drawing the soil away from the foundation?