Manhattan District Attorney announces the indictment of a concrete lab director and a building materials testing laboratory

Manhattan District Attorney Robert M. Morgenthau announced today the indictment of a concrete lab director and a building materials testing laboratory for defrauding numerous state agencies and scores of private clients in connection with construction material testing.

The defendants, WILLIAM BAYER, 69, and STALLONE TESTING LABS INC., which employs BAYER as Lab Director, were indicted on charges of scheme to defraud and offering a false instrument for filing. The crimes charged in the indictment occurred from January 1, 1998 through November 18, 2008 and January 30, 2009, respectively.

The investigation into STALLONE began as result of the District Attorney’s investigation and October 2008 indictment of Testwell Laboratories, another independent testing laboratory that performed concrete tests for The Port Authority of New York and New Jersey, Metropolitan Transportation Authority, School Construction Authority, and numerous private projects filed with the New York City Department of Buildings (DOB). Testwell and its executives, who were charged under New York State’s Organized Crime Control Act, are scheduled to be tried in November 2009.

As a result of the investigation into Testwell Laboratories, the DOB began spot checking concrete labs and concrete pours to determine whether or not the falsifications at Testwell were industry-wide. The DOB focused on STALLONE after Port Authority engineers made a referral based on questions about the veracity of certain concrete mix designs test reports relating to projects at LaGuardia Airport, the World Trade Center PATH station restoration, and Lincoln Tunnel projects.

On November 18, 2008, a court-authorized search warrant was executed at STALLONE’s office in Port Chester, New York. An analysis of concrete mix design test reports seized during the search revealed that STALLONE was falsely representing that they were performing mix design tests pursuant to the New York City Building Code when in fact they were not.

Under the New York City Building Code, before any project can start pouring concrete, the structural engineer on the project must specify the strength of concrete needed. The independent testing lab must prepare a mix design report based upon which particular concrete supplier is involved. The reason behind these mix design test reports is that the strength results for concrete can vary vastly depending on the type of sand or cement that different suppliers use. Proper preparation of mix design test reports involve the lab obtaining the materials from the concrete suppliers to create four mix design proportions, or recipes for a given strength of concrete. The lab then mixes each batch and pours the batches into cylinders. At 7, 14, 28, and 56 days, the cylinders are removed from storage and placed into a compressive strength machine which applies immense pressure (or a load) to the cylinder until it cracks. The load at which it cracks is then divided by the dimensions of the cylinder to come up with the pounds per square inch or PSI which is the indicator of concrete strength. The lab must compress the various cylinders for each of the four mixes, and indicate the ratios of water, cement and sand for each mix and then make a recommendation. The recommendation as to which mix to select is based on both reliability of results and the least amount of cement and chemicals used in the mix (the most costly ingredients in concrete). The report is then signed and stamped by a licensed professional engineer (PE) at the lab and sent to the structural engineer of record.

The analysis of documents seized from STALLONE revealed that many of the mix design tests were never performed. Moreover, STALLONE’s reports of these tests were false because the results were scientifically impossible. For example, a STALLONE concrete mix design report for 7 World Trade Center dated December 31, 2002 contained compressive strength results that are identical to the test results contained in another STALLONE mix design test report dated August 10, 2004 for the same project. In this instance the proportions and ingredients for the two mixes were different, making identical test results impossible. Significantly, evidence that contractors were buying false test results comes from documents recovered at STALLONE’s offices. These faxes and emails showed concrete contractors ordering and receiving overnight mix design test reports with test results that purportedly took 28 days.

The investigation also revealed however that from January 1, 1998 through November 18, 2008, STALLONE prepared mix design test reports which purported to show that the tests had been performed pursuant to the Building Code when they had not and used two different PE’s stamps to falsely certify that the tests were completed. From January 1, 1998 to December 31, 2007, STALLONE used the previous lab director Jay Adam’s PE stamp to falsely certify reports. Jay Adam died of a heart attack on January 24, 2009. BAYER, who is listed as STALLONE’s lab director from January 1, 2008 through the present, is charged in connection with allowing STALLONE’s then vice president (and husband to the owner Adrianna Rostek), Miles Rostek, to affix BAYER’s PE stamp to hundreds of mix design test reports which falsely certified that BAYER had supervised these tests when he had in fact not. Evidence revealed that BAYER worked only two days per week and was paid $600 per week. Rostek used Bayer’s and Adam’s PE stamp to certify tests had been performed when in fact no tests had been performed. On January 31, 2009, Miles Rostek also died of a heart attack.

BAYER and STALLONE are each charged with one count of Scheme to Defraud in the First Degree, and Offering a False Instrument for Filing in the First Degree, class E felonies, which are punishable by up to 1 1/3 to 4 years in prison. The defendants will be arraigned today in State Supreme Court, Part 1.

This indictment is the result of continuing investigations by the District Attorney’s Labor Racketeering Unit-Construction Industry Strike Force into criminal activities in the New York City Construction Industry and is the second phase of the District Attorney’s current efforts to combat corrupt practices in the construction material testing industry. Those previously charged in connection with this ongoing investigation include: Reddy Kancharla, Vincent Barone, Alfredo Caruso, Edward Porter Michael Sterlacci, Wilfred Sanchez, Testwell Laboratories, Inc., Nancy Philips, Peter Promushkin, Priti Shah, Clyde Finklea, and L. Tommy Dowd. Testwell and its executives are scheduled to go to trial on November 16, 2009.

The list of projects found to have false mix design test reports include:

Port Authority Bus Terminal
WTC Memorial
WTC Transit Hub
FAA Control Tower, LaGuardia Airport
LaGuardia Airport Rehabilitation of the Alleyway gates
JFK Jet Blue Support Operations Center
Lincoln Tunnel NY River Ventilation Building
Eleven Times Square
Goldman Sachs Building
Second Avenue Subway
Grand Avenue Bus Terminal
1 World Trade Center
1 World Trade Center Substation - SS-108A Upgrade
240 - 244 West Broadway
2575, 2579, 2583 West 16th Street
7 World Trade Center
88th Police Precinct
Augustana Lutheran Home for the Aged Nursing Home Addition & Open Air Parking Structure
Augustana Lutheran Home - Parking Garage Structure
Brooklyn Battery Tunnel Rehabilitation of Roadway - Contract BB-24
Brooklyn Water Front; Brooklyn, NY
Bureau of Supplies Building
Canton Place & East 8th Street
Caton On The Park
Con Edison Academy Street Sub-Station
Contract # HWMWTCA1C 160 3rd Street
Contract # TB-64B Deck Replacement on the Randall's & Ward's Island Viaducts at the Triborough Bridge
Contract HWMWTC16C - Liberty St.
Contract No. 30672 Metro North Hudson Line, Hastings & Irvington
Contract No. 31857 MNRR Hudson Line; Ossining, Scarborough & Phillipse Manor
Contract No. AW28/82 Alternative Fuel E-85 Dispensing Stations
Corona Maintenance & Car Washer NYCTA C-34714
Corona Transit Authority Yard
Downtown P.A.T.H. Station Restoration
East Side Access CQ 026
East Side Access Northern Boulevard
FH HS; 8301 Shore Road
Freedom Tower Utility Relocation Contract #WTC-1001.001
Holocaust Resource Center Queensboro College
I. S. 84
JHS 216Q
John Dewey High School
LIRR MOW Facility
Long Island Rail Road Intermodal Center
Metro North - Hellgate
Metro North & Grand Central Station GCT Upper Loop
Metro North 200 Park Avenue
Metro North Contract # 9551
Metropolitan Avenue Bridge - Guard House Contract # BKBR309
MTA - BBT AW 28/82 - Brooklyn Battery Tunnel
MTA - LIRR - Atlantic Ave Terminal Track # 1
MTA - Utica Avenue
MTA Contract # NYCT E-40803
MTA Contract A-36033 / A-36051 Structural Repairs At the Chambers Street Station, Nassau Loop (BMT)
MTA Contract C-52064 Fenders & Bollards North 7th St. & Whitehall St Ventilation Plants
MTA Contract P-36248 Rehabilitation of Dyckman Substation - IND 8th Ave Line
MTA Project Coney Island
MTA Shea Stadium Station
NYC - Various DDC Projects
NYC Transit Authority Contract # AA35920
NYCT C-34742 Construction of 38th Street Yard - Heavy Equipment Shop
NYCTA - Contract No: A-33497
NYCTA #C-34573 Stillwell Avenue
NYCTA Coney Island Yard
NYCTA Contract A-35779-1 ADA Access - Utica Avenue Station
NYCTA Contract A-35853/54/57/58/75
NYCTA Contract A-36015 Expansion & Rehabilitation of Control House Building
Ocean Parkway Viaduct
P. S. 237 B
P.S. 379
Route 9A; NYC
School for Career Development
TBTA Salt Domes Project Contract No. GFM-435
The City of New York Department of Design and Construction Bay 52nd & Bay 53rd St.; between Cropsey Ave. & 22nd St.; Brooklyn, N.Y.
The Trump World Tower
Tilden High School
Times Square Site # 1
Triborough Bridge Repairs
Ulmer Park Bus Depot NYCTA Contract # G-33057B
Vesey Street Walkway Improvements PA-NY/NJ Contract # WTC-404.161
World Trade Center
World Trade Center Restoration Electrical Duct Banks
WTC - Path Restoration
WTC-724.077
549 West 23rd Street
211 East 121st Street
326 West 40th Street
330 West 40th Street
705-717 East 6th Street
517 West 46th Street

Mr. Morgenthau thanked the following individuals and agencies for their assistance in the continuing investigation:

Barry L. Kluger, the Inspector General for the Metropolitan Transportation Authority of the State of New York, Frank Lanzo, an Investigative Attorney, and Administrative Assistant Meryl Hughes with that office. Robert E. Van Etten, Inspector General for the Port Authority of New York and New Jersey and members of his staff, including Deputy Inspectors General Michael Nestor and Steven Pasichow and Investigators Mark Gaw, Karen Connelly, and Tomas Santos.

Commissioner Rose Gill Hearn of the New York City Department of Investigation and members of her staff, including Associate Commissioner John Kantor, the Inspector General for the Department of Buildings, Michael Carroll, Chief Investigator James McElligott and Investigators Nick Novellino, Tiffany Dumas, and Christine Abbenda, Investigative Attorney.

Barbara DiTata, Vice President and Inspector General for the New York City School Construction Authority, and Gerard McEnroe and Chris Baldassari.

Dennis Saville, Director, Internal Affairs, Dormitory Authority of the State of New York, Dennis Monahan, Security Manager, Richard Caccece, Senior Investigative Auditor; and Robert Leask and Richard Visconti of the DASNY Authority’s Construction Division.

Senior Investigative Counsel Diana Florence, of the District Attorney's Labor Racketeering Unit-Construction Industry Strike Force, conducted the investigation leading to today's actions, under the supervision of Unit Chief Michael Scotto. The District Attorney’s Investigation Bureau also assisted, including Chief Investigator Joseph Pennisi, Deputy Chief Terry Mulderrig and Senior Investigators Terry Quinn, Angel Garcia, and Robert Tarwacki. Computer Forensic Analysts John Forames Jr. and Selena Ley of the District Attorney’s Computer Forensics Unit also assisted under the supervision of Steven Moran, Director of the IT Forensics Department.

Defendants’ Information:

WILLIAM BAYER, 7/25/1940
75 Georgia Avenue
Bronxville, New York

STALLONE TESTING LABORATORIES INC.
440 North Main Street
Port Chester, New York

Nasty Rash of 311 Building Complaints.

Shared party walls.
Highly contagious rash of 311 complaints strikes contiguous South Slope properties. Armory Heights Plaza seems to be immune from this particular infection. Home owners are left scratching their heads as to where it originated.

It appears as if every building adjacent to 406-408 15th Street contracted this very same complaint, starting with 389 16th Street on June 17th and 387 16th St. later that day, and then the other properties the next day, June 18th, starting with the Memorial Baptist Church:

Address DoB Complaint, Number, Date, Time and Description:

387-16th St #3308849 (6/17/09 -15:01) ILLEGAL OCCUPANCY AND CONVERSION OF BSMT PERSON RESIDING IN BASEMENT

389-16th St #3308837 (6/17/09 -14:30) THE CALLER STATES THAT THERE IS ILLEGAL CONVERSION IN THE BASEMENT

391-16th St #3309019 (6/18/09 -16:14) .ILLEGAL CONVERSION IN THE BASEMENT

393-16th St #3309018 (6/18/09 -16:12) .THERE IS ILLEGAL CONVERSIONS TAKING PLACE IN THE BASEMENT

395-16th St #3309017 (6/18/09 -16:10) ILLEGAL CONVERSION TAKING PLACE IN THE BASEMENT.

397-16th St #3309016 (6/18/09 -16:08) ILLEGAL CONVERSIONS TAKING PALCE IN THE BASEMENT OF ADDRESS

399-16th St #3309015 (6/18/09 -16:04) THERE IS AN ILLEGAL CONVERSION OF THE BASEMENT AT THIS ADDRESS

The Memorial Baptist Church
1506-8th Ave #3309001 (6/18/09 -14:48) ILLEGAL BASEMENT CONVERTED INTO A RESIDENTIAL DWELLING

The Vacated 4 - story multiple dwelling
1504-8th Ave #3309000 (6/18/09 -14:46) BASEMENT CONVERTED INTO RESIDENTIAL DWELLING

The Corner 3 Story Apartment building with a Steel Structure supporting the entire west wall.
1502-8th Ave #3308999 (6/18/09 -14:44) ILLEGAL CONVERSION OF BASEMENT INTO A RESIDENTIAL DWELLING

Rojas Bakery
404-15th St #3308994 (6/18/09 -14:31) ILLEGAL CONVERSION OF RESIDENTIAL BASEMENT TO LIVING SPACE WITH TENANTS AND BATHROOM. OCCUPANCY OF 4-5 TENANTS. ILLEGAL ALTERATIONS TO THE RESIDENCE; ILLEGAL OCCUPANCY

Demo permits for Windsor Terrace Anomaly.

Last Remaining 17th Street Sleeper Shell to be Put Down.
Demolition permits for decades vacant 534 17th Street have been approved. Just about the only thing worth saving from this architectural gem is the cast iron gate out front. IMBY readers will remember that the other vacant shell on 17th St. sold for $2.372 million earlier this year? FYI folks, it's almost completely renovated.

An application for the construction of a new two family building is currently working its way through the DOB plan examiner's office waiting for approval. The owner of record is Ellen Baxt. The filing architect is Benjamin Baxt of the firm Baxt/ Ingui Architects, P.C.

Contemporary townhouses seem to be the firms speciality with examples o' plenty in Brooklyn Heights, Cobble Hill, Carrol Gardens, and Park Slope. The firm, however, may be best known for their ongoing conversion of the Strong Place Church into 24 residential condominium units. Brownstoner has the poop here.

Should be interesting to see what Ben creates for Ellen.

So far info gleaned from the building's application form fills in some of the blanks.

R5B zoned lot... 1.33 FAR... 3,643 buildable SQ FT... 30' height... 20' wide lot... two family... NO CURB CUTS.






















Past Posts:
17th Street
Friday, September 19, 2008
"Adele Manor"

Who's going down at the Armory Heights Plaza?

Photos courtesy C.C.G.H.

Parking. Parking. Parking. Lots of parking related questions concerning the brand spanking new underground parking garage at 406 15th Street and whether it violates any zoning or certificate of occupancy rules, regulations, and or laws.

There are currently two pending Buildings Department violations awaiting judgement before the Environmental Control Board.
#34767573M Specific Violation Condition(s) and Remedy:
"VIOLATION OF PARKING REGULATIONS IN A RESIDENTIAL DISTRICT. RESIDENTIAL DISTRICT IS R. ACCESSORY PARKING TO DWELLING IS ADVERTISED & OCCUPIED AS COMMERCIAL PARKING SPACE FOR RENT. REMEDY: CONFORM TO PARKING REG" Scheduled hearing date was 6/15/2009

#34767568H "Specific Violation Condition(s) and Remedy:
OCCUPANCY/USE CONTRARY TO THAT ALLOWED BY THE C OF O. C OF O #301987161F ISSUED 3/20/09 INDICATES. OFF STREET PARKING IS FOR ACCESSORY PARKING AT TIME OF INSPECTION. PREMISES IS USED & ADVERTISING FOR COMMERICA"
Scheduled hearing date is 8/03/2009

406 15th Street is within the south Park Slope R6B residential zone. The Schedule A from the DOB web site shows 27 rental apartments over 5 floors, a cellar level community facility, and two sub cellar levels of parking below, each level indicating 11 parking space or 22 indoor parking spaces total. There are 4 additional street level parking spaces along side the building.

The Quality Housing Program, mandatory in contextual R6 through R10 residence districts and optional in noncontextual districts, encourages development consistent with the character of many established neighborhoods. Its bulk regulations set height limits and allow high lot coverage buildings that are set at or near the street line. Quality Housing buildings must also have amenities relating to the planting of trees, landscaping and recreation space.
The R6B district allows a maximum FAR of 2.0 for all permitted uses, and limits street wall heights to 40 feet, and overall building heights to 50 feet. New developments in R6B districts are required to line up with adjacent structures to maintain a consistent street wall. New multifamily residences in R6B districts must provide off-street parking spaces for 50 percent of the dwelling units.

Central Parking Systems is currently managing the Armory Heights Plaza's parking garage which is only accessible by a large elevator . There is an uniformed attendant on duty who operates this elevator. There is an illuminated sign fixed to the outside of the building over the garage entrance indicating "PARK".
























































There are signs within the garage indicating hourly and monthly rates. There are handouts available at the corner grocery advertising these same rates. There is a sign attached to the light pole a few blocks away on the corner of Prospect Avenue and Eighth Avenue pointing in the direction of the Armory Heights Plaza garage.



















M Properties Group of Manhattan, LLC is seeking a long term rental tenant for the 8,200 square foot cellar level Community Facility. They specifically note that this 100' x100' residential rental development across from the Armory (the new Park Slope Sports Facility) has 80 parking spaces. This ad is several months old.























It certainly looks as if they are not hiding the fact that this is a commercial operation seeking outside automobiles to fill their parking spaces... Whether that's 22, 26, or 80 open spots we can't tell. It will make a difference in the amount of carbon monoxide produced if they plan on seducing drivers exiting the Prospect Expressway or spectators attending a track meet at the sports facility. The question of the legality of that backyard exhaust vent was answered. The DoB says it violates no building code nor zoning rule. I wonder if they ever considered the difference between a purely residential usage and one that may involve the passage of 80 cars one right after the other.
So, anyone have answers as to whether this usage is kosher? Please feel free to comment.

Architectural Voyeurism #22

Eleventh Street Priorities. Transom Threesome.




New coat of saint paint.

We South Slopers anticipate drinking our $14 glasses of wine from hand made ceramic mugs.

Two for four.
We lived, it was just the two of us back then, for five years in the early Nineties on Eleventh Street, just above Sixth Avenue, in a sunny two bedroom railroad apartment located on the second floor of a three family brick walk-up. In nineteen hundred and ninety four, the three of us moved farther south down to Sixteenth Street just below Eighth Avenue, and have been there ever since.
I walk by our old Eleventh St. place almost daily now on my way to Steve's C-Town on Ninth Street to shop for groceries. They always have good prices on apple juice, two for four dollars regardless of the season.
Today on my usual route I noticed a little something had changed. There was a display of hand built ceramic vessels forming a miniature city scape in a wooden store front's bay window. Without the big "PRINTING" sign covering the entire window, it's easy to forget that this was once the home of the recently, dearly departed, Henington Press printing shop.

Movable Type
In the window an old manual type writer is displayed, upon a single sheet of white paper, someone has written these double spaced lines:

Yes, we are changing...

Yes, we are keeping the window...

491six.com

A reference to the address, 491 Sixth Avenue no doubt, which can take you to this sparse web site *click* that informs you this space will, coming this Fall, be reincarnated as a... mystery solved...wine bar. You can also register to be placed on their snail mail-ing list here *click*.

























"He had a blood alcohol level of .491, that's 6 times the legal limit!"

When I saw that enigmatic window display it took me back to a time when McSweeney's Bookstore operated out of the same type of architecturally antiquated storefront-stage on Seventh Avenue, before they pretended to move to Fifth and go into the Super Hero Supply business. At the time they were one of the only places in the South Slope selling aphrodisiac/taxidermy supplies... glass eyes, potent bird beaks, talons, and the like. I purchased my paperback copy of Caring for Your Miniature Donkey there. Nobody knows more about trimming donkey hooves than Bonnie R. Gross. She saved me hundreds in farrier costs! Something that comes in handy when you're the father of Rosemary's Baby.

Today 429 Seventh Avenue is the home of the Hand of Glory tattoo parlor. That's were I got my Dave Eggars tramp stamp. (Father's Day is June 21st!)

Jeremiah's Vanishing New York Blog laments the closing of Hennington Press after ninety six years (three generations) at the same address, and directs us to this touching video and radio interview produced by WNYC radio.




























She's gone... Kluge has left the building.

Block Hole

182 15th Street a.k.a. "The Katan Towers" before Board of Standards and Appeals July 2006 reversal of fortune. The official nuts and bolts BSA ruling brief for 182 15th st. can be found *here* in the archives of the South South Slope Community page.

Behold, recent pictures of the ongoing construction from both the 15th and 16th Street perspectives.*Click* on pictures to enlarge. There is still quite a bit of construction going on in the South Slope, despite the economy being what it is.




Job Type: NB - NEW BUILDING
182 15th Street Brooklyn, NY
BIN: 3337745 Block: 1047 Lot: 24

Job No: 301791318 Job Type / App No.: NEWB Fee: STANDARD
Permit No: 301791318-01-NB Issued: 06/08/2009 Expires: 10/10/2009
Seq. No.: 04 Filing Date: 06/08/2009 RENEWAL Status: ISSUED
Work: Proposed Job Start: 09/12/2005 Work Approved: 12/16/2004
NEW BUILDING -

Zoning: R6B
Use: J-2 - RESIDENTIAL APT HOUSE No. Dwellings: 31 Stories: 4
Total Floor Area: 74,385 Landmark: NO
Site Fill: ON-SITE
Review is requested under Building Code: 1968

Issued to: ASHER NEUMAN Tracking No: GC
Business: CIPCO DEVELOPERS INC Phone: 718-422-0496
320 ROEBLING STREET #623 BROOKLYN NY 11211

Superintendent of Construction: SHMUEL SPIELMAN
Business: C H DEVELOPMENT Phone: 718-302-2802
199 LEE SUITE 524 BROOKLYN NY 11211





















In this aerial view you can see how the construction site completely surrounds three very small 16th Street wood frame homes. Will this be the New Building's driveway entrance for their off street parking?





























As seen from the 15th Street side of the site. Sections of the older, existing Katan Tower foundation now have shrubbery growing from them.



























































Foundation work as seen from 16th Street side of the fence.

Squatters move in after $16 million Park Slope Armory renovation remains unused.

14th Street Derelicts in Residence

This tip comes to us from our good realtor friends at Acorncoran, whom apparently have an exclusive on this historic NYC landmark property.

Not one to waste an opportunity, it seems this couple has set up home directly over the newly replaced stone steps at the main entrance to the renovated $16 million Park Slope Armory Sports Facility. We are not sure how long these squatters have been living off that fixture, but judging by the guano pile, it's been awhile-- months, almost a year maybe. Coincidentally, that's just about how long the Armory has been left vacant and unused, while the powers that be figure out a way to run this facility and pay the bills at the same time.

As our broker friend points out, vacant poorly maintained buildings are not only unsightly and unattractive, they greatly reduce the value of neighboring properties.

Getting out in front of the problem... "The challenge before us is primarily one of compliance."

Breaking news: Independent engineering consultants have determined that NYC developers, contractors, and engineers, are failing to comply with existing Department of Buildings regulations and are causing catastrophic loss of life and damage to adjacent properties!!!!!!!!!!!!!!

Predictable but costly underpinning failures. Deficient design. Inadequate construction and supervision. General lack of monitoring site conditions...

And we here at IMBY were convinced it, (the root of all evil), had something to do with south Slope homeowners engaging in orgies of misconduct!













Please visit this DOB video link to hear Mr. Lynch's own words.

"In the last three years, there have been 13,000 new building permits in the city. Every new building has an excavation component, and for every new building, there are approximately three adjacent buildings impacted by the construction. Most of these buildings are on the lot line. That potentially equates to 40,000 neighbors being impacted by the new building. In response to the rise in excavation related incidents and collateral damage to the neighbor's buildings, the Department recognised the need to focus on excavation." -Timothy Lynch DoB Special Enforcement Forensic Engineer

"A typical self-certified Manhattan job... Hundreds of drawings of the new building, and virtually no information provided on the lot line. This is not our idea of good due diligence. Engineers should have provided this essential information to the general contractor to ensure that the general contractor understood what was on the lot line in congested neighborhoods.
The problem with this is that if there is a structural issue progressing with the neighbor, there is no way to check to see if it's progressing. You can't pick it up early enough." - Timothy Lynch

"The challenge before us is primarily one of compliance with existing regulations."

A little background: In April of 2008 Mayor Bloomberg and Department of Buildings Commissioner LiMandri announced the launch of the High Risk Construction Oversight (HRCO) Study to analyze high-risk construction operations of concrete, cranes / hoists, and excavation. Over the past six months, a group of highly-specialized engineering experts have been conducting in-depth site inspections of materials, processes, and systems, while also reviewing the Department's current inspection protocols, to identify any necessary changes to industry practices as well as the Department’s oversight of these activities. During this process, the HRCO Engineers have been working with the Department and Industry in developing recommendations to expand the agency's efforts in making high-risk construction activities safer. BuildSafe New York: The NYC Department of Buildings’ New Vision for Safety provides participants with the opportunity to hear about the findings from the study experts themselves and to help craft the implementation of recommendations that will support a safer construction industry.




32% of sites visited had NO monitoring at all of adjacent properties.

"Over half of all design drawings had major deficiencies."

One in four sites with NO precondition surveys of adjacent properties. Those claiming to have surveys, the remaining 3/4, their surveys were found to be deficient.

36% of sites visited had significant problems with digging their foundation holes= hazardous conditions concerning the sheet shoring, bracing, and setting up of the site.

26% of sites visited had significant problems with underpinning. Problems with sequencing, layout, GROUND LOSS, approach pit, and dry packing.

Architectural Voyeurism #23: Fourth Avenue Veiled.

"3 DOORS DOWN FROM THE ABOVE ADDRESS STYROFOAM IS BEING BLOWN THROUGHOUT THE ENTIRE NEIGHBORHOOD. CONSTRUCTION SITE HAS NOT TAKEN PROPER SAFETY PRECAUTIONS TO CATCH ALL OF THE DEBRIS FLYING OFF THE BLDG" DOB LINK

Out of the hole. 1638 8th Avenue raises its iron.

Started in 2001, now eight epic years in the making, The Bobker Groups 1638 8th Avenue has finally begun to erect its iron skeleton within the poured concrete foundation. The unusual lot extends some 347 feet between Prospect Avenue and Windsor Place. Karl Fischer is the architect of record.  

We are expecting 27 condo units in all, to be built two stories (30') in height with some kind of additional Board of Standards and Appeals approved R5 residential zone bending roof decking to cap them off. Twenty off-street parking spaces have been approved with curb cuts on Eighth Avenue .  As always click on the pics to enlarge.





































































Click here: Visit the IMBY Archives for past posts on 1638 8th Avenue.

"Grasso" Bill to Prohibit Permits

Bill to derail deadbeat developers

BY Brian Kates
DAILY NEWS STAFF WRITER

Thursday, May 21st 2009, 4:00 AM

Responding to a Daily News probe, a city councilman Wednesday introduced a bill that would bar the city from granting permits to contractors and developers who have outstanding fines.

The bill, sponsored by Councilman James Vacca (D-Bronx), would prohibit city agencies from granting permits to any applicant who owes "fines, civil penalties or judgments."

Vacca said the bill was prompted by last Sunday's Daily News report that hundreds of scofflaw building code violators continue to receive permits despite racking up $263 million in fines that have gone unpaid for as long as a decade.

"The Daily News article struck a nerve in my community, which has been trying to deal with this issue for some time," Vacca said. "People have to know that they will be held accountable via the permit process if they do not have fines paid up."

The bill applies to all city agencies.

It would put a stop to scofflaws such as demolition diva Marie Grasso, who was profiled in The News for receiving 144 Building Department permits in the last 12 months despite owing a staggering $1.4 million in fines and penalties.

Planned Obsolescence

I guess the bloom is off the rose. Found this up on the Buildings Departments BIS web page describing the following complaint...

"Re: BUILDING SUPPORT BEAMS BUCKLING & WALL MOLDING CRACKED DUE TO PRESSURE. DRY WALL BULGING IN HALLS & APT 3A. BUILDING NEXT DOOR HAS HISTORY OF POOR SUPPORT."


Too early to to make a guess as to what's going on in apartment 3A, but let's hope it's not what I think it means for the Armory Heights Plaza Apartments; To suddenly become immanently perilous to life and be hit with an emergency vacate order.
There's got to be a perfectly reasonable explanation for the new drywall to crack and bulge, after all this is south Slope "black tie tuxedo" construction at it's finest.

Could this "bulging" be related to:
















Or maybe have something to do with this:




UPDATE 5-20-09: Inspectors checked out Apartment 3A today and found:
"NO VIOLATION WARRANTED FOR COMPLAINT AT TIME OF INSPECTION
NO STRUCTURAL DAMAGE IN APT 3A NO CRACKED MOLDING"

False alarm! Rest easy everyone...

Wrecking Brooklyn MMG Style

Late night mechanical demolition of 406 15th Street by our gang over at the Armory Heights Plaza. This audaciously unsafe job was signed off by the Buildings Dept. despite overwhelming protests by neighboring home owners at the time.


Brian Kates of the Daily News writes about our friendly home wrecker Ms. Grasso and her Staten Island based demolition company, MMG Design, or MMG Construction or what ever it's being called this week. Mr. Kates figures she owes the city something like $1.4million in unpaid vile-lations. Ms. Grasso doesn't recall owning a demolition company.




She's infamous over here in the south Slope, especially on 15th and 16th Streets.

Apparently, according to ECB records, MMG works without permits. MMG forgets to officially notify the neighbors when they are to start work. MMG doesn't post their contractor identification info out on the construction fence. Maybe because MMG doesn't know how to build a fence that will actually support the DOB paper work and remain standing for any length of time. MMG doesn't provide workers with safety equipment and harnesses. MMG uses unlawful scaffolding and uncertified workers to install scaffolding. MMG works against DOB stop work orders. MMG works on weekends and after hours. Housekeeping? The sites are often crowded and piled high with combustible debris.

Sidewalk sheds? Dumpster permits? MMG doesn't use any means of dust control. MMG will often use a back hoe with out proper mechanical demo permits. MMG fails to safeguard neighboring persons and property. MMG routinely forgets to water proof adjoining properties after exposing their side walls and foundations to the elements.

And now we find out that MMG does not pay their fines.
Check out for your self. Posted in numerical order, by address, a few of MMG's ECB violations. Feel free to send me any I missed and I will add them to the list.
Because the Devil is in the Details...
5 Roebling Street
11 Frost Street
156 16th St.
156 16th St.
156 16th St.
156 16th St.
172 Skillman Avenue
172 Skillman Avenue
172 Skillman Avenue
186 Green St.
187 23rd St.
187 23rd St.
187 23rd St.
187 23rd St.
187 23rd St.
178 15th St.
178 15th St.
182 15th St.
182 15th St.
202 8th St.
202 8th St.
202 8th St.
202 8th St.
202 8th St.
206 N. 12th St
206 N. 12th St.
206 N. 12th St.
206 N. 12th St.
206 N. 12th St.
206 N. 12th St.
224 16th St.
228 16th St.
228 16th St.
277 19th St.
277 19th St.
335 Greene Avenue
335 Greene Avenue
339 Greene Avenue
390 14th St.
390 14th St.
546 4th Ave.
546 4th Ave.
546 4th Ave.
546 4th Ave.
546 4th Ave.
546 4th Ave.
546 4th Ave.
546 4th Ave.
568 Union Ave
568 Union Ave
568 Union Ave
568 Union Ave
568 Union Ave
568 Union Ave
568 Union Ave
781 Dekalb Ave.
781 Dekalb Ave.
950 St. Johns Place
950 St. Johns Place
1154 45th St.
1156 45th St.
1463 E. 8th St.
1653 E. 2nd St.
1653 E.2nd St
1653 E. 2nd St
1653 E. 2nd St
1653 E. 2nd St
1653
1653
1653
1653E. 2nd St.
1824 E. 4th St.
3360 Shore Parkway


Other construction related stories by Brian Kates.


"So many ways to beat the system

And few places have witnessed it more often than south Park Slope."

"A rare victory for residents over shameless deception."


"Danger & ripoffs are on the rise

How hot construction biz brings a black market, scams & death."


"Sitting helpless as damage continues."

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