According To Developer Stein, His Foundation Is Completed!

Developer Bill Stein

Bill Stein with supporter Buddy Scotto

According to Bill Stein, developer of Oliver House at 360 Smith Street, his foundation is completed. That is at least what his legal council, Deirdre Carson and structural engineer Neil Wexler of Wexler Associates stated in front of the Board Of Standards and Appeals yesterday morning.
Mr. Stein's construction site was served with a Stop Work Order immediately following the passing of the Zoning Text Amendment by the City Council back in July.
In order to continue the project, Stein has two choices: He either conforms to the new zoning regulations and puts up a 55 foot building instead of the 70 foot one that he intended, or he tries to convince the B.S.A. that his foundation was complete before the Stop Work Order went into effect. And for good measure, he will plead financial hardship if they don't give him what he wants.
Stein of course chose to appeal, which brought him in front of the five members of the B.S.A. yesterday morning.
Mr. Wexler, Stein's engineer, explained that due to its location over a subway tunnel, 360 Smith is an unusual site with two different building foundations: One foundation is made up of a "complex pile foundation" located on only one side of the building. The second, according to Wexler, is supported on the original subway foundation. In other words, the 60 year old subway tunnel that had been reinforced with cement when it was built, is to act as a 'super foundation' for most of Oliver House.
All Stein needs to do, according to Wexler is to put a mat foundation over the subway tunnel, but that cannot be considered 'a foundation element.' Rather, this mat is 'designed specifically to protect the subway roof of the tunnel structure.'
In other words, according to Wexler, Stein's foundation is done.
B.D.A. Chair Meenakshi Srinivasan asked if additional excavation needed to be done since that would need to be taken into consideration. In response, Wexler stated: " No more excavation for foundation purposes."
During the public comment session, many Carroll Gardeners took the stand to ague that Stein had ample notice that the neighborhood was working to have the wide-streets loophole closed.
They suggested to the Board that Stein's original application was made under a flawed version of the zoning law. Now that the mistake has been fixed, Stein should have to conform.
The Board scheduled another hearing on the matter for October 28th. Additional information will be accepted till October14.



Related Reading:

Revisiting Mr. Stein's 360 Smith Street / 131 Second Place Oliver House Site

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Hannah Senesh Day School Willingly Bought School Building Knowing There Was No Expansion Possibility

From The Acris Site

In our new state of the art facility we now have the physical space to grow in ways that were not previously possible. Dedicated spaces for technology, science, art, music, physical activity, and prayer, have made our already-strong programs even stronger.

Nicole Nash, Hannah Senesh principal

In June 2007, we moved to a beautiful, new home on Smith Street in Carroll Gardens. This spacious facility offers 22,000 square feet of space, which provides us with many opportunities to grow creatively and programmatically. A full-size gym, library with computer stations, science lab, beit midrash, rooftop playground, and art room are just some of the wonderful new spaces you’ll find at Hannah Senesh.

From Hannah Senesh Day School's web site

For those of you who have been following the controversy over the selling of publicly-owned land to a private school here in Carroll Gardens, I would like to add a few points to the discussion.

In 2005, Hannah Senesh Day School bought the former School Board 15 District office at 342 Smith Street from developer Bill Stein. The structure shares the same building lot as Bill Stein's 360 Smith Street development. When Stein sold the property to Hannah Senesh Day School, he kept the Floor Area Ratio (F.A.R.) for himself and transferred it to his 360 Smith Street development to get extra height. He also used the school's Community Facility Bonus and used that to bulk up his building as well. So in fact, Hannah Senesh willingly agreed to buy a building that had VERY LIMITED POSSIBILITY TO EXPAND and signed an agreement that places a meriad number of restrictions on the building.
(click here to see Acris site page 6 onward)

Also attached to the agreement between Bill Stein and Hannah Senesh Day School is a clause that would give Bill Stein half of any F.A.R. gained by an up-zoning of the lot.

Now, Hannah Senesh wants to expand "to give the school some flexibility." Since the building has no F.A.R. left, the school community is hoping to buy the courtyard next to it on First Place in order to construct a two story addition. The only problem is that the signature courtyards in Carroll Gardens are publicly-owned and are protected by a 150-year-old law. The law states that the courtyards can not be used for parking, nor can they be built on.

What to do?

Hannah Senesh claims that the school is just "exploring the possibility of expansion." However, the board hired lobbyist Ken Fisher as early as 2008, a mere 6 months after moving into their new facility. Fisher was paid $7,500 to lobby city officials on the school's behalf for the "acquisition of a lot currently owned by the city of New York" Now, surely, you do not need to hire a lobbyist if you merely want to explore the possibility. You hire a lobbyist to SELL an expansion.

Out-going Councilman Bill De Blasio was more than willing to help out. Without community input, he intended to introduce a bill which would have altered the old law to exempt the courtyard on First Place at Smith Street, thereby paving the way for Hannah Senesh to then buy the city-owned land.

When Carroll Gardeners found out, they were outraged and felt betrayed. How could our councilman abuse his power in such a way in order to facilitate this shameful land grab?

At a meeting with the community on Monday, December 7th, Amy Glosser, Vice-Chair of the school's Board Of Directors, stated that the school had no plans to increase their enrollment. "This is about making the school better, not about making it bigger."

The plans for the two story addition include a full size gym, a theatre as well as some additional classrooms.

For whatever reason, Hannah Senesh's Board of Directors bought the building knowing fully well that it did not provide any room for future expansion. That is not the problem of the Carroll Gardens community and the school should not expect us to compromise a zoning resolution that protects our front yards.



Related Reading:

Bill De Blasio Courtyard Caper Delayed

Carroll Gardens Protests "Bill": An Open Letter To De Blasio

Dear Bill De Blasio: A Reader Strongly Protests

In 2008, Hannah Senesh Paid Ken Fisher To Lobby For Acquisition Of Lot Currently Owned By City

Will Bill And Brad Attend Hannah Senesh's 'Brief' Meeting About Expansion Into Publicly Owned Courtyard?

Councilman 'Dollar Bill' De Blasio's Underhanded Move To Amend A 150-Year Old Law Angers Many In Carroll Gardens

Breaking News! On His Way Out, Councilman Bill De Blasio Sticks It To Carroll Gardens



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Another Bird's Eye View Of Stein's 131 Second Place A.K.A. 360 Smith Street Site

Rendering of Oliver House

June 3, 2008

May 5th 2008

April 18, 2008

Here is another photo in a series of aerial views of Bill Stein's "Oliver House" at 131 Second Place a.k.a. 360 Smith Street.

One has to wonder what is going through the developer's mind as the Carroll Gardens' community came out in significant numbers to testify in favor of the Wide Street Text Amendment before the City Planning Commission on Wednesday. This amendment is intended to correct a mistake in the definition of Carroll Gardens' signature garden blocks as wide streets. Wide streets are allowed larger buildings and developers have taken advantage of this loophole. If the Wide Street Text Amendment passes before the foundation of "Oliver House" is completed, the developer may have to rethink the project.
A lawyer representing Bill Stein in front of the City Planning Commission argued that Stein has gone out of his way to address the concerns of the neighborhood by parting ways with his original (and highly controversial) architect, Robert Scarano, and by changing some of the building's design elements. All this apparently cost him construction time. His lawyer suggested that because of his" good faith effort," Stein should get an exemption from the amendment if it passes before he is far enough along. How that is possible without giving all other projects currently under construction on the Place blocks the same consideration is unclear.
Not everyone is impressed with Mr. Stein's efforts to make his 7 story, 70 foot development more contextual to this brownstone neighborhood. However, he seems to have one resident firmly behind him. Buddy Scotto, longtime Carroll Gardens resident and member of both the Carroll Gardens Association and the Gowanus Canal Community Development Corporation argued in favor of the developer in front of the commission by saying that Stein had been "extraordinarily respectful and responsive"
and that he was "particularly concerned for Stein."
Pardon me for asking, but why did this one particular construction project come up at the City Planning Commission? I thought that it was a hearing about closing a loophole instead of a discussion about Stein's project? But of course, that is just my humble opinion.

Related Reading

Bird's Eye View Of Bill Stein's Oliver House Construction Site

***Photos Courtesy of Barbara at Carroll Garden History

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360 Smith Street Starting To Block The Sky And View In Carroll Gardens

Before...



Now..
A view from First Place
(photo credit: Tim)

KSQ Architects' design for 360 Smith Street

K.S.Q.Architects' rendering of new subway plaza

Reader Tim posted the two photos above of Bill Stein's 360 Smith Street development on Pardon Me For Asking's Facebook page.
He writes:

"Just thought someone might like to see how our view has changed in three and a half months!"

I feel his pain. Steadily, the steel has been going up, blocking the sky and sunlight at the corner of Smith Street and Second Place.

Eventually, the building will top off at 7 stories, so Tim's view will be even more obscured.

The "Oliver House", as it was once called, has been in the works for quite some time now. When Developer Bill Stein first presented his plans to the community, he was met with opposition. Many in Carroll Gardens felt that his building was too high and looked too modern for this brownstone neighborhood and no one seemed to like his architect, Robert Scarano, who has quite an unsavory reputation.
(Just last week, Scarano was barred from filing any more permits with the NYC Department of Buildings.)

Stein eventually switched architects and had the plans (slightly) changed.


Construction at the 360 Smith Street/ 131 2nd Place started, but came to an abrupt halt in July 2008, when developer Bill Stein's "Oliver House" was slapped with a Stop Work Order immediately after the City Council passed the Carroll Gardens Wide Street Zoning Text Amendment, which limits permitted building density in Carroll Gardens.
Developer Stein promptly took his case in front of the Board of Standards and Appeals, that oh-so-contentious board that grants developers exemptions in cases such as this.

In order to be able to continue, Mr. Stein had to prove that a significant portion of the project's foundation had been completed before the Stop Work Order went into effect. Though inspectors from the NYC Department of Buildings determined that only 20% of the foundation had been completed, the BSA gave Stein what he wanted at a hearing in November 2008. The Stop Work Order was lifted. He was now free to proceed. By September 2009, construction resumed.


The eventual inhabitants of 360 Smith Street will forever have 360 views, but all other residents of Carroll Gardens will have to live with a monolithic building and a darkened sky over that corner of the neighborhood.

Related reading:

Construction Incident At 360 Smith Street Yesterday

Did You See This Happen? Man Injured By Falling Construction Fence At 360 Smith Street

2nd Place Subway Station Now History

Last Glance At Old Carroll Gardens Subway Plaza on Second Place

Boom, Boom...Construction Resumes At 360 Smith Street

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Another 'Yes' Vote For The Carroll Gardens Wide Street Text Amendment

Sketch of the proceedings by Triada Samaras

Councilperson and Sub-Committee Chair Tony Avella

Councilperson Bill deBlasio

Councilperson Melinda Katz
Chair Of the Council Land Use Committee

Purnima Kapur, Director Of City Planning, Brooklyn

Richard Bearack, Deputy Director of Planning and Development,
Brooklyn Borough President Marty Markowitz's office

Developer Billy Stein

Another giant step towards protecting Carroll Garden's unique character!

Yesterday morning, the Zoning & Franchises Sub-Committee of the New York City Council Land Use Committee, chaired by Queens Councilperson Tony Avella , voted 6-0 to approve the Carroll Gardens' Wide Street Text Amendment.
Prior to the vote, Purnima Kapur, Director Of City Planning in Brooklyn and her assistant, Jennifer Posner, presented the text amendment and briefly stated the reasons why it was introduced. Richard Bearack, Deputy Director of Planning and Development of Brooklyn Borough President Marty Markowitz's office, Councilperson Bill De Blasio , Oscar Jones for State Senator Marty Connor's Office as well as Craig Hammerman, District Office manager of C.B. 6 all spoke in favor of the Text Amendment.
Then Carroll Gardeners had one last opportunity to have their voice heard.
Members of the Carroll Gardens Neighborhood Association gave passionate testimonies about the need to protect the unique brownstone character of Carroll Gardens. Members of C.O.R.D. spoke in favor and submitted almost 700 signed petitions in favor of the amendment.

There were only three people giving testimony against the amendment.
Two were given by Peter Pober and his wife, new C.B.6 Board member Judith Thompson. Pober's objection to the Amendment seemed to encompass a whole number of grievances. He accused the neighborhood of being elitist and of trying to insulate the neighborhood. He made the claim that it is only in white, middle class neighborhoods that people were concerned with preservation. The one statement that stuck out was his assertion that " a vote for the Amendment is a vote for segregation."
Judith Thomson's objections were with the lack of notification to the neighborhood and her concern that the setback rules would ruin the uniform streetscape.
She also made the assertion that the amendment would reduce the available housing, by forcing people who could not expand their houses, to occupy more of their buildings, thereby pushing tenants out of the neighborhood.

The third testimony against the Text Amendment came from the attorney for Developer Bill Stein of Oliver House at 131 Second Place /360 Smith Street. Mr. Stein's project will be directly affected by the Amendment, should it pass.
Accusing the Carroll Gardens community of having requested the Amendment for the sole purpose of stopping the construction of his building, the lawyer stated that her client had bent over backwards to please local residents. As examples, she insisted that Mr. Stein had been attacked for his choice of architect and had to change to another at considerable expense to him. (The original architect was the notorious Robert Scarano.) The attorney also mentioned the difficulties of building on his site which is located right over a subway station.
Through his legal council, Stein let slip that if he did not get an exemption and had to argue his case in front of the office of Standards and Appeals, the inconvenience
to the neighborhood caused by the closure of the F train station in the footprint of his development, would just be prolonged. It was a thinly veiled threat that certainly will not endear him to the Carroll Gardens neighborhood.
Councilperson Bill de Blasio strongly disagreed with Bill Stein's assertion. He stated that the Wide Street Zoning Text Amendment had been discussed years before Mr. Stein actively started the construction process of his Oliver House project.

Today, the Land Use Committee of the City Council will vote on the amendmend, followed a vote by the full Council On Wednesday. Read more

Breaking News! Hannah Senesh Day School Backs Off On Its Plans To Expand Onto Carroll Gardens Courtyard

160 Year-Old Protection
For Carroll Gardens' Courtyards Stands:

I applaud the school for understanding the community’s concerns and deciding not to proceed with their proposed expansion. Their plan would have set a dangerous precedent. The courtyards are an integral part of Carroll Garden’s charm and character and must be protected. I remain committed to identifying a potential solution which will meet the needs of both the community and the school.

State Assemblywoman Joan Millman

In a just released letter to its parents, the Hannah Senesh Day School states that it will not pursue a highly controversial plan to expand into the courtyard next to its building at the corner of Smith Street and First Place.

In December 2009, the school had revealed its intention to construct a two-story addition onto the courtyard "to give the school more flexibility." The only problem was that the signature courtyards in Carroll Gardens are owned by the city and are protected by a 160-year-old law. The law states that the courtyards can not be used for parking, nor can they be built on.

The school's Board of Directors hired lawyer Ken Fisher to lobby city officials on the school's behalf for the "acquisition of a lot currently owned by the city of New York"

Out-going Councilman Bill De Blasio was more than willing to help out. Without community input, he intended to introduce a bill which would have altered the old law to exempt the courtyard on First Place at Smith Street, thereby paving the way for Hannah Senesh to then buy the city-owned land.

When this became known, Carroll Gardens activists organized, collected signatures and encouraged the community to send letters to elected officials. The prevalent feeling in Carroll Gardens was that no exceptions should be made and that the courtyards are such an integral part and unique feature of this neighborhood that everyone of them needs to be protected.

It is wonderful to hear that State Senator Daniel Squadron, State Assemblywoman Joan Millman and Councilman Brad Lander felt the same way. Daniel Squadron was the first to issue a statement against the courtyard extention.


It is not clear yet how the school intends to proceed. What is clear is that Hannah Senesh willingly agreed to buy a building that had VERY LIMITED POSSIBILITY TO EXPAND and signed an agreement that places a meriad number of restrictions on the building. (click here to see Acris site page 6 onward.)

The Hannah Senesh School shares the same building lot as developer Bill Stein's 360 Smith Street project . When Stein sold the property to Hannah Senesh Day School, he kept the Floor Area Ratio (F.A.R.) for himself and transferred it to his 360 Smith Street development to get extra height. He also used the school's Community Facility Bonus and used that to bulk up his building as well.

Also attached to the sales agreement between Bill Stein and Hannah Senesh Day School is a clause that would give Bill Stein half of any F.A.R. gained by an up-zoning of the lot.

What is also of concern is that Hannah Senesh has been unable so far to secure a permanent Certificate Of Occupancy for the building.

Moving forward, it may be more advantageous to the school to ditch lobbyist Ken Fisher, sit down with the community and be more forthcoming about its needs.


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The New 360 Smith Street: Better, Except For That Glass Tower!

Mr. Bill Stein and the new design for 360 Smith

Councilman Bill De Blasio

Full House At Mary Star Of The Sea

It may have been the brighter, cheerier surrounding of Saint Mary's Senior Residence instead of the gloomy funeral home where the Carroll Gardens Neighborhood Association had been meeting for decades, but last night's meeting actually felt like the community was speaking with one voice.
And this is what we all seemed to agree on:
Mr. Stein's redesigned building for 360 Smith Street looks better, much better.
But there is quite a lot of room for improvement.
But I am getting ahead of myself.
The big announcement of the evening was that Architect Robert Scarano and Mr. Stein parted ways back in December. The developer stated that he put the brakes on the project at "considerable expense."
After the last meeting with the community back in December, Mr. Stein changed direction and hired a new architect who could design the kind of project that Stein "could be proud of."
The new architect on the job is Armand Quadrini of K.S.Q. Architects. He was on hand
to give local residents a presentation of the project. This time, as opposed to the last meet with Mr. Stein, the press (and those "pesky" bloggers) were allowed to take pictures.
" Oliver House" as the project is currently being called, is still 70 feet tall at its highest point at the corner of Smith Street and Second Place. More care has been given by Quadrini to make the building fit in contextually by choosing materials that are more in line with a brownstone neighborhood.
Both the sides fronting Smith Street and Second Place are five story tall and are clad in a terra-cotta clay product. However, the 70 foot glass tower at the corner, right over the subway plaza, drew the biggest complaints from Carroll Gardeners. Described as too modern, institutional-looking or just plain too tall, Stein and his architect were urged to rethink that part of the building and to please not mix too many materials to prevent it from looking too "Hanna Senesh-y," a reference to the rainbow colored school next door.
Of course, developer Stein does not need to satisfy anyone but himself. However, he seemed to listen carefully to criticism and suggestions from the public.
As far as exactly when construction will begin, Mr. Stein stated that he will start as soon as he can "manage to get it moving again."
This may be wishful thinking. If the Place blocks are rezoned from 'wide blocks' to regular blocks before the foundation of the building is completely poured, Mr. Stein may have to rethink this building yet again and be prepared to scale it down significantly.
No wonder he is ready to get started!

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Developer Bill Stein Gets His BSA Hearing Today

Back in the 1980's, the city erroneously labeled the 'Place' blocks here in Carroll Gardens as wide streets, therefore allowing higher and bulkier construction on those beautiful brownstone blocks. Developers seized this opportunity to build up and out and of course, to make more profit. The result in most cases were condo buildings that were out of context with the rest of the neighborhood.
After many months of unbelievable hard work, a group of very dedicated residents from C.O.R.D. and The Carroll Gardens Neighborhood Association have been able to convince the city to correct this zoning loophole. In July, the City Council voted for the Wide Street Text Amendment.
Immediately, stop work orders were issued to the construction sites that were within the area covered by the text amendment.
Bill Stein, the developer of Oliver House will have his case heard by the Board of Standards and Appeals today. Two applications are calendared. The first one is to prove that the foundation of his development is substantially completed. The second one is to prove that he will suffer financial hardship if he is forced to build according to the amended zoning.

Oh, I feel so very bad for Mr. Stein. Personally, I believe that the developer will make a healthy profit even if he needs to scale the project back. Of course, for him, more is better...but that could also be interpreted as greed.

If the Board of Standards and Appeals should decide in Stein's favor tomorrow they will wrong the Carroll Gardens community once more. It has already been determined by the city that the old zoning which Stein wants to have applied had been an oversight. Now that the Place Blocks have been downzoned, Stein should be forced to conform.

No matter what happens, I am proud of my fellow Carroll Gardeners for all the work that they have done.
Thanks Rita, Lucy, John, Glenn, Maria, Vince, Triada, Maryann and so many more....

The hearing is open to the public. I hope many of you can come.
BSA/Board of Standards and Appeals.

September 24, 2008 10:00 AM

40 Rector Street, 9th Floor, New York, NY 10006

Related Reading:

Revisiting Mr. Stein's 360 Smith Street / 131 Second Place Oliver House Site

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Last Glance At Old Carroll Gardens Subway Plaza on Second Place

photo credit: Gary Reilly

KSQ Architects' design for 360 Smith Street

K.S.Q.Architects' rendering of new subway plaza

Now you see it, soon you won't!

A last glimpse at the old 2nd Place subway plaza before it is plowed under to make way for Bill Stein's out-of-scale luxury condo development at 360 Smith Street. Mr. Stein had promised to restore the plaza once construction is completed. We can only hope.

The renderings of the building above were presented by Stein to the Carroll Gardens community in February 2008. Back then, Stein had fired the highly controversial architect Robert Scarano and had hired Armand Quadrini of K.S.Q. Architects to redesign the 70 feet condo building.

Construction at the 360 Smith Street/ 131 2nd Place site came to an abrupt halt in July 2008, when developer Bill Stein's development was slapped with a Stop Work Order immediately after the City Council passed the Carroll Gardens Wide Street Zoning Text Amendment, which limits permitted building height and density in Carroll Gardens.
Developer Stein promptly took his case in front of the Board of Standards and Appeals, that oh-so-contentious board that grants developers exemptions in cases such as this.

Mr. Stein eventually won his fight, but construction only resumed a few weeks ago. As of last week, the main subway station has been closed and will only reopen in 2010.

It is unclear, if Armand Quadrini's design for 360 Smith Street has been modified in the meantime or if the building will still look like the rendering above.

* Thanks to Gary Reilly for allowing me to post his photo



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360 Smith Street Construction Site Gets Steel Beam Delivery

At First Street, looking down towards 360 Smith Street



Steel delivery to 360 Smith Street construction site

A view of the site from 2nd Place



Cars backed up on Smith Street because of lane closure

Telescopic crane as seen from Second Place

The sky couldn't have been bluer on Monday, which made the huge yellow telescoping crane, which hovered over the 360 Smith Street/ 131 2nd Place construction site, look even more offensive. Slowly, ever so slowly, it hoisted huge steel beams over the blue plywood fence. All I could think of was that in the not too distant future, these steel bars would make up a 7 story building which would obscure the same sky which looked so open and wide at that very moment.

The "Oliver House", as it was once called, has been in the works for quite some time now. When Developer Robert Stein first presented his plans to the community, he was met with opposition. Many in Carroll Gardens felt that his building was too high and looked too modern for this brownstone neighborhood and no one seemed to like his architect, Robert Scarano, who as quite an unsavory reputation.

Stein eventually switched architects and had the plans (slightly) changed.


Construction at the 360 Smith Street/ 131 2nd Place started, but came to an abrupt halt in July 2008, when developer Bill Stein's "Oliver House" was slapped with a Stop Work Order immediately after the City Council passed the Carroll Gardens Wide Street Zoning Text Amendment, which limits permitted building height and density in Carroll Gardens.
Developer Stein promptly took his case in front of the Board of Standards and Appeals, that oh-so-contentious board that grants developers exemptions in cases such as this.

In order to be able to continue, Mr. Stein had to prove that a significant portion of the project's foundation had been completed before the Stop Work Order went into effect. Though inspectors from the NYC Department of Buildings determined that only 20% of the foundation had been completed, the BSA gave Stein what he wanted at a hearing in November 2008. The Stop Work Order was lifted. He was now free to proceed.

By September 2009, construction resumed. There have been some rumors that Bill Stein had sold the property to another developer, but he was just spotted with a large group of people, including his architect, in front of the site. So obviously, he is still involved.



Related Reading:

Did You See This Happen? Man Injured By Falling Construction Fence At 360 Smith Street

2nd Place Subway Station Now History

Last Glance At Old Carroll Gardens Subway Plaza on Second Place

Boom, Boom...Construction Resumes At 360 Smith Street

For Home Page, click Pardon Me For Asking

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B.S.A. To Vote On Oliver House In One Month

The 360 Smith Street/ 131 2nd Place Site

Mr. Stein's Legal Council in front of the B.S.A.


B.S.A. Members Susan Hinkson and Meenakhi Srinivasan

Developer Stein after the hearing

In torrential rain, a group of incredibly dedicated Carroll Gardeners representing C.O.R.D., the Carroll Gardens Neighborhood Association as well as the South Brooklyn Neighborhood Association, made their way to the Board Of Standards and Appeals in downtown Manhattan yesterday.
On B.S.A.'s agenda was the second hearing on Bill Stein's Oliver House at 360 Smith Street/131 2nd Place.
Mr. Stein's construction site was served with a Stop Work Order immediately following the passing of the Zoning Text Amendment by the City Council back in July. In order to be allowed to continue with construction, Stein has to convince the B.S.A. that his foundation was sufficiently completed before the Stop Work Order went into effect. In addition, he is pleading financial hardship because of the money already spent on the project. Though 91 pile caps had been driven into the ground at the time of the Stop Work Order, there were no visible signs of a poured foundation (photo above)

However, at a first hearing in September, Mr. Stein's engineer argued that the foundation was essentially completed because the 60 year old subway tunnel that runs under the construction site along Smith Street will serve as a super foundation for Stein's Oliver House. All that is needed, according to Stein's expert, is a "transfer slab" over the subway structure.

At yesterday's second hearing, the community had asked Evan Akselrad, an engineer and architect as well as a professor at Pratt, who testified on their behalf that Oliver House's foundation was far from being 80% completed and that the concrete reinforcement of the subway tunnel is NOT a foundation.
Mr. Akselrad's statement seems to be substantiated by the Brooklyn Building's Department which inspected the site shortly after the Stop Work Order and stated that only 20% of the foundation had been completed.

Additional testimony was given by John Hatheway, architect, who told the B.S.A. Board that he does not accept Mr. Stein and his advisers' "dubious argument" that the foundation is substantially complete. He further asked the B.S.A.:

Are you stating that if a site has a subway structure or other man-made obstacle beneath the entire lot area, that the owner of that lot is automatically vested by claiming that the man-made obstacle constitutes a foundation if it were intended to bear some additional load besides the soil above it? Automatically vested before ever laying a shovel to the ground? That seems to go against the very intention and nature of vesting based on some measurable effort. And is it equitable to give certain property owners such a substantial benefit over the majority of other property owners?

It remains to be seen if the B.S.A. will accept the claims of a developer over the finding of the Department of Buildings. The Board seems to defer frequently to D.o.B. Since the agency stands by its claim that only 20% of the foundation is completed, it would only stand to reason that the BSA should deny Mr. Stein's exemption . But then again, the Board has voted against reason before...

There also appeared to be some type of discrepancy and a question as to whether or not it could possibly affect the validity of the building permit.
In the end, the B.S.A. vote was scheduled for November 25th.

Related reading:

According To Developer Stein, His Foundation Is Completed!

Revisiting Mr. Stein's 360 Smith Street / 131 Second Place Oliver House Site




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