STOP WORK ORDER EXISTS ON THIS PROPERTY
Project Not Vested Under Current Zoning
That did not take long. Just days ago, I wrote about the new building permit, which has been issued for 333-335 Carroll Street, the old manufacturing building with the monstrous steel addition.
The owner, Isaac Fleischman, had given the boot to his condo conversion project's original architect, Robert Scarano, when the NYC Department of Building realized that Scarano had lied on the original application and had exceeded the allowable Floor-Area-Ratio or F.A.R.
Scarano had claiming that the cellar was a basement. Scarano intended to use the "habitable" basement for parking and had transferred the square footage onto the roof.
Fleischman just recently brought in Ken Fischer, the architect behind the 100 Luquer 'Finger'.
Just before the neighborhood's down-zoning went into effect on October 28th, 2009, D.O.B. issued new building permits. Apparently, the original issues were resolved. How exactly Fischer has been able to reconfigure the F.A.R. to get the project re-approved is still unclear.
However, the project still should have been stopped on October 28th by the DOB, when the Carroll Gardens re-zoning passed unanimously by the City Council on October 28th.
When new zoning laws are passed, all projects are served a stop-work-order and must be re-visited by DOB to see if they are vested, or far enough along, to receive an exemption, from the new zoning law.
In the case of 333-335 Carroll Street, DOB must have forgotten to stop the project on October 28th. After it was brought to their attention yesterday, they visited the site, determined that only 15% of the work has been completed under the old zoning laws, and imposed a stop work order yesterday afternoon.
Isaac Fleischman will most probably bring this issue to the Board Of Standards and Appeals, that very contentious agency which brings relief to developers in cases such as this.
Related Reading:
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7 comments:
Hallelujah! Thanks for breaking this story twice this week, Katia! Don't know how you do it. Your blog is the best for all the local news!!
shall we see again the same story with 360 smith and BSA?
This seems to be pretty different from 360 Smith, but he/she will argue about already accrued costs and now additional costs of taking the steel down.
Most of the cases brought before the BSA meet their criteria (as 360 Smith did), but this one I'm not so sure about, because I thought one of the thresholds was that 50% of the foundational work/cost had to be completed. Here, the foundation is obviously already completed, but, then again, it was already constructed!
1:33 - Maybe not. The times are a little different now real estate not doing so hot. Let's hope.
k, you are so cool, does nothing stop you from bloggin' the truth,
http://query.nytimes.com/mem/archive-free/pdf?_r=1&res=9A04E4D8143EEF33A25751C0A96E9C94629ED7CF, yet,
with all your contacts, how about the address for Jacob's wife?
Circa 8/2/?93
sp i know a good cheap detective
so let's pretend this gets laughed out of BSA (hopefully) - what happens then? Does the developer get fined until the structure comes down? what is the best result end game for the community?
Update?
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