Once Again, BSA Delays Vote On 280 Bond Street (The Proposed Site Of Rock and Roll Playhouse).

280 Bond Street, between between Sackett and Degraw Street

280 Bond Street

Board of Standard And Appeals Board hearing on June 17th, 2014

Board Of Standards And Appeals Chairperson Meenakshi Srinivasan

Lawyer Jack Lester representing We Are Gowanus (WAG)

Frank Napoli, Private Investigator

Katya Jestin of We Are Gowanus

Representative of NYC Department Of Buildings

Richard Lobel of  Sheldon Lobel representing the owner of 280 Bond Street

Kit Roane testifying for We Are Gowanus

Chart summary provided by We Are Gowanus of the evidence gathered by the group to date.
To enlarge, click on the photo.

On Tuesday, June 17th, the Board of Standards and Appeals (BSA) once again heard the case of 280 Bond Street, a brick warehouse building in Gowanus abutting six residential townhouses that developer Peter Shapiro hopes to turn into the Rock And Roll Playhouse.

Since 1961, when NYC Zoning districts were mapped, 280 Bond Street has housed a non-conforming use in a residential zone (R6 from 1961 - 2009, and R6-B since 2009) which only permits residential or community facility use.
Before Shapiro can proceed with his plans to open his music school / jazz club, the Board needs to determine if the previous non-conforming use of the building can be continued. 

The case was brought in front of the BSA by We Are Gowanus (WAG), a group of neighborhood residents, who are fighting to prevent the establishment of the music venue. The group maintains that the R6-B zone should be enforced because the non-conforming use of the building was discontinued for more than two years.

Alvin Isacowitz, the building's owner, claims that he continuously ran his plumbing business, Excellence in Plumbing & Heat, at that location until signing a lease and turning over the building to Peter Shapiro in 2012.

So far, Isacowitz has been unable to submit viable evidence to substantiate his claim. In fact, under sworn testimony to the DA in a 2011 criminal matter, Isacowitz stated that his business had stopped operating in 2008. His testimony points to an interruption of his business for more than two years prior to 2012.

At the first hearing on this matter in January2014, no significant evidence of an actual business at 280 Bond Street was provided. BSA Chairperson Meenakshi Srinivasan instructed the attorney for the owner to produce evidence for the next hearing.

At the second BSA hearing on April 1st,  Isacowitz's legal council was able to provided a few DOB permits tied to another Excellence in Plumbing & Heat business address -- critically not 280 Bond Street -- but provided no employee records, no tax returns, no invoices, no receipts, no work logs, and no bank statements.  Isacowitz's lawyer claimed to the BSA that his client’s financial advisor had told him to destroy all such documentation. 

Once again, the BSA decided to provide more time for the owner to prove that he maintained his business through 2012.

Which brings us to yesterday's BSA hearing.  Lawyer Jack Lester, representing We Are Gowanus, presented the Board with letters of support from both State Assembly Member Joan Millman and State Senator Velmanette Montgomery.  The second submission to the Board was a chart summary of the evidence gathered to date. (See charts above)

Lester pointed out that despite the extra time given by the BSA, Mr. Isacowitz has produce "no receipt, no evidence that any materials were bought or sold, no exchanges with customers." More importantly, there are no tax returns for the period in question.

Lester referred once again to Isacowitz’s own sworn testimony to the Manhattan District Attorney in a 2011 criminal matter.   Under oath, Isacowitz claimed that he stopped operating his business in 2008 and had no active business at the location from 2008-2011, which would support termination of the non-conforming use of the 280 Bond Street building. 

"Is there anything in the record, which is a sworn statement, that would contradict that?" Lester asked the Board.  "You can't reconcile these two issues. Either he is doing business, or he is not.  Allow Mr. Isacowitz to reconcile these contradictions himself.  Issue a subpoena." 

In his filings to the BSA, Mr. Isacowitz has claimed to be too ill to attend the hearings and to testify in person. However, documentary evidence that Mr Isacowitz is ambulatory and should be able to testify under oath before the BSA was handed to the Board by We Are Gowanus yesterday.

A vote on this matter has been scheduled by Chairperson Meenakshi Srinivasan for August 12, 2014.

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Board Of Standards And Appeals Defers Decision On 280 Bond Street In Gowanus Again

280 Bond Street, between between Sackett and Degraw Street

280 Bond Street

Main building of 280 Bond Street

View of residential homes abutting the building on Degraw Street

View of open garage space, which will be used as outdoor space by venue

On Tuesday, April 1, the Board of Standards and Appeals (BSA) once again heard testimony regarding 280 Bond Street, an industrial warehouse that impresario Peter Shapiro hopes to turn into The Rock And Roll Playhouse (RRPH), a music school by day and 21-and-over club by night. The building is on a residential block in our neighborhood.
Before Shapiro can proceed with his plans, the Board needs to determine if the previous non-conforming use of the building in an R6-B (residential) zone can be continued.

The case was brought in front of the BSA by We Are Gowanus (WAG), a group of neighborhood residents, who are fighting to prevent the establishment of this music venue. The group maintains that the R6-B zone should be enforced because the non-conforming use of the building was discontinued for more than two years.

Alvin Isacowitz, the building's owner, claims in his affidavit to the BSA that he continuously ran his plumbing business, Excellence in Plumbing & Heat, at that location until signing a lease and turning over the building to Peter Shapiro in 2012.

So far, Isacowitz has been unable to submit viable evidence to substantiate his claim. In fact, under sworn testimony to the DA in a 2011 criminal matter, Isacowitz stated that his business had stopped operating in 2008. His testimony points to an interruption of his business for more than two years prior to 2012.

At the first hearing on this matter in January, BSA Chairperson Meenakshi Srinivasan and the other members of the Board gave Isacowitz more time to provide proof of business operations.

At the second BSA hearing on Tuesday, Isacowitz's legal council was able to provided a few DOB permits tied to another Excellence in Plumbing & Heat business address -- critically not 280 Bond Street -- but no actual evidence of an ongoing business. He provided no employee records, no tax returns, no invoices, no receipts, no work logs, and no bank statements. Nothing. Isacowitz's lawyer claimed to the BSA that his client’s financial advisor had told him to destroy all such documentation. This lack of evidence, along with Isacowitz’s own sworn testimony to the DA, support termination of the non-conforming use of the building.

Once again, the BSA decided to provide more time for the owner to prove that he maintained his business through 2012.  The next hearing is scheduled for May 20th.




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Yesterday's Board Of Standards And Appeals Hearing Regarding Proposed Rock And Roll Playhouse On Bond Street Went Well For "We Are Gowanus"

280 Bond Street

Lawyer Jack Lester representing We Are Gowanus (WAG)

Board Of Standards And Appeals Chairperson Meenakshi Srinivasan

Councilman Steve Levin

Representative of NYC Department Of Buildings

Property owner Sharon Ackerman

Did the New York City Department Of Buildings make a mistake when it issued permits for 280 Bond Street, an 6,621 SF industrial warehouse that impresario Peter Shapiro intends to turn into The Rock And Roll Playhouse (RRPH)?

Since 1961, when NYC Zoning districts were mapped, 280 Bond Street has housed a non-conforming use in a residential zone (R6 from 1961 - 2009, and R6-B since 2009) which only permits residential or community facility use.

Although the previous non-conforming uses in the residential zone are grandfathered and allowed continuing use, the R6-B zone has to be enforced when the non-conforming use is discontinued for two years.

We Are Gowanus (WAG), the group of residents who have been fighting to keep the proposed Rock And Roll Playhouse at 280 Bond Street from impacting their quality of life, claim that "Excellence in Plumbing", the business that was based at this location previously, had ceased operation long ago.

WAG reached out to the Brooklyn Building's Department to point out that the new music venue should not be allowed under the existing R6B zoning and to make the agency aware of the discontinued use.
But DOB issued building permits for the Rock And Roll Playhouse nonetheless.

The group ultimately sued the Buildings Department to force DOB to issue its decision and the basis for it. In a final NYC DOB determination issued on October 2, 2013, the agency was in opposition to WAG.

With the help of lawyer Jack Lester, We Are Gowanus has appealed this decision to the Board Of Standards and Appeals. The first public hearing was held yesterday at 22 Reade Street in Manhattan.

Jack Lester informed members of the BSA that there is insufficient evidence that Excellence in Plumbing has been in business at 280 Bond Street in the last couple of years. He has provided 14 affidavits from local residents to support this claim, as well as a Certificate of Dissolution that shows that the company was dissolved in 1999. In addition, the plumbing license was suspended in 2013.

"Right now we can say that there are no documentations supporting employee activity, no documentations showing business hours, no documentation showing income tax, no tax returns, no receipts, no invoices, no insurance," Lester told Chairperson Meenakshi Srinivasan and the other members of the board. "We have lots of work to do. We acknowledge that.  More evidence needs to be revealed, but we think that if the case were to end right now, based on the legal standard established by this Board, confirmed by the Board of Appeals, it would show that the non-conforming use has come to an end."

Council Member Steve Levin also testify in favor of We Are Gowanus. "I want to let the Board know that I have been aware of the situation for a number of months. I have met with the business owner and and with the neighbors a couple of times," he told the board. "It is not up to me as to decide whether or not there has been continuous use. I am now aware of the standard. The evidence that has been shown to me is enough at least for me to recommend that this Board take another look at this issue." He concluded: "I think that when DOB opined on the issue, I don't think that they fully looked at the breath of evidence. More evidence has been gathered since that time. The new business would have a significant impact on that block. Therefore, this deserves the highest level of scrutiny."

A representative of the Department of Buildings did have to admit during the hearing that the additional evidence presented warrants a review. "It seems prudent that we would set a schedule and both the department and the BSA can look at the additional evidence the [building] owner may submit on the continued use of the business. If the evidence is not enough, we can issue an Intent To Revoke [the permit] and proceed accordingly."

Property owner Sharon Ackerman addressed the Board as well. She insisted that her husband's plumbing business continuously operated out of 280 Bond Street until turning over the building to Peter Shapiro, with whom they signed a lease in October 2011.
She insisted that she will submit all necessary documentation.

The Board of Standards And Appeal has scheduled a second hearing for March 25th.

Stay tuned.

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'We Are Gowanus' Heading To Board Of Standards And Appeals Regarding Proposed Rock And Roll Playhouse On Bond Street

Zoning map for 280 Bond Street

drawing via therockandrollplayhouse.com

We Are Gowanus (WAG), the group of residents who have been fighting to keep the proposed Rock And Roll Playhouse at 280 Bond Street from impacting their quality of life, are asking others to join them at an important Board Of Standards And Appeals hearing on the issue.

WAG just sent around the following meeting information in an email:

"We are writing today to ask that you attend a very important upcoming meeting, NEXT TUESDAY, JANUARY 14TH, at 10am in Spector Hall, the Bureau of Standards and Appeals, 22 Reade Street, Manhattan.The 4/5/6 trains to Brooklyn Bridge/City Hall is the closest subway station. 

The DOB issued its final determination in October, 2013 (which was only done after we sued them). Advisors, community activists and lawyers encouraged us to appeal this decision based on existing case law and a trove of supporting evidence. 

The appeal process starts on January 14th at our first Board of Standards and Appeals hearing. Hired experts along with with members of this committee have compiled a thorough dossier of information that supports our case. We hope you can make it. Please RSVP to let us know how many people we can expect."

Here is a little background on this matter:
Back in April 2013, home owners on Sackett and Degraw Street, whose properties abut 280 Bond Street, an 5,650 SF industrial warehouse, received a certified letter informing them of upcoming construction to the building. The work would involve alterations to the existing warehouse into The Rock & Roll Playhouse (RRPH), a family-oriented and kid-friendly music venue.
The letter noted that the Playhouse would include a restaurant and "daily programming and classes for children 10 and younger."
The residents became alarmed after finding out that the Playhouse’s owner was none other than Peter Shapiro, who is known for several large clubs, including the Brooklyn Bowl, a bowling and live music performance space in Williamsburg.
After pressing for more details, the homeowners were told that besides the kids classes and family-friendly programming, Shapiro intended to operate an over-21 jazz club after 8 PM that would offer live music seven days a week, feature a full bar with a last call at 1:30 AM, 2 AM on week-ends, and would include a large 3686 SF outdoor space.
For that purpose, he would be applying for a full liquor license as well as a Place Of Assembly Certificate.
Concerned that such a large music venue right in their backyard would impact their quality of life, the homeowners organized and formed "We Are Gowanus (WAG)."
Members of WAG spent months getting petitions signed, meeting with elected officials, and appearing in front of Community Board 6.
They also reached out to the Brooklyn Building's Department to point out that the development should not be allowed under the existing R6B (residential) zoning and to point out issues with discontinued use, use of outdoor space, presence of lot line windows, construction of expanded mezzanine space and prior un-permitted construction.
WAG ultimately sued the Buildings Department to force DOB to issue its decision and the basis for it.

In a final NYC DOB determination issued on October 2, 2013, the agency was in opposition to WAG.

WAG is appealing this decision to the Board Of Standards and Appeal.

Tuesday's meeting is the first hearing of this appeal.

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'We Are Gowanus' Updates The Community On 280 Bond Street In Gowanus

280 Bond Street

280 Bond Street, between Sackett and Degraw Street

Main building of 280 Bond Street

View of open garage space, which will be used as outdoor space by venue.

View of residential homes abutting the open garage on Degraw Street       

You may remember the controversy over the proposed Rock Roll Playhouse (RRPH) in Gowanus.

Back in April 2013, home owners on Sackett and Degraw Street, whose properties abut 280 Bond Street, an 5,650 SF industrial warehouse, received a certified letter informing them of upcoming construction to the building. The work would involve alterations to the existing warehouse into The Rock &Roll Playhouse (RRPH), a family-oriented and kid-friendly music venue.

The letter noted that the Playhouse would include a restaurant and "daily programming and classes for children 10 and younger."

The residents became alarmed after finding out that the Playhouse’s owner was none other than Peter Shapiro, who is known for several large clubs, including the Brooklyn Bowl, a bowling and live music performance space in Williamsburg.

After pressing for more details, the homeowners were told that besides the kids classes and family-friendly programming, Shapiro intended to operate an over-21 jazz club after 8 PM that would offer live music seven days a week, feature a full bar with a last call at 1:30 AM, 2 AM on week-ends, and would include a large 3686 SF outdoor space.

For that purpose, he would be applying for a full liquor license as well as a Place Of Assembly Certificate.

Concerned that such a large music venue right in their backyard would impact their quality of life, the homeowners organized and formed "We Are Gowanus (WAG)."

Members of WAG spent months getting petitions signed, meeting with elected officials, and appearing in front of Community Board 6.

They also reached out to the Brooklyn Building's Department to point out that the development should not be allowed under the existing R6B (residential) zoning.
WAG ultimately sued the Buildings Department.

Below is an update from WAG, which they released two days ago.

Greetings WAG, Friends and Neighbors,
Since our last big email blast much has happened, none of which was a surprise.

On Oct. 2, DOB issued its final determination which was in opposition to WAG on all of our positions: discontinued use, use of outdoor space, presence of lot line windows, construction of expanded mezzanine space and prior un-permitted construction.

It is important to note that the DOB’s ruling is NOT a situation wherein a judge weighed the issues and made a decision one way or the other; instead, we sued only to force DOB to issue its decision and the basis for it.

This was expected, as a ruling in our favor would have shined a bright light on the DOB’s massive failure to conduct due diligence prior to issuing permits.

We are appealing this decision to the Board of Standards and Appeals. Our many legal advisors believe we have a strong, appealable case. DOB elided over the issue of non-conforming use and the evidence it cites are by any legal standard totally insufficient.

If you have questions or concerns please feel free to reach out as well. And if you have skills to organize and execute a fundraiser, etc, please feel free to join in.

Thank you.

We Are Gowanus needs the support of the neighborhood. I hope that you will consider a contribution to the group's "Defend The 'Hood" fund by clicking here.

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We Are Gowanus Organizing Stoop Sale To Benefit Fight Against Rock And Roll Playhouse

photo courtesy of We Are Gowanus

Members of We Are Gowanus (WAG) have organized a block wide stoop sale for this Saturday, June 22nd from 1 PM to 5 PM on DeGraw and Sackett Streets from Hoyt Street to Bond Street.
All proceeds from the sale will be used by the group to fight "against the implementation of a nightclub in a residential area."

We Are Gowanus was formed in early May by residents whose property abuts an old 6,570 SF warehouse building at 280 Bond Street that impresario Peter Shapiro wants to transform into the Rock And Roll Playhouse (RRPH).

According to RRPH's web site, the venue will feature "family friendly programming during the day, as well as programming for adults, such as educational talks, jazz and theatrical performances in the evenings."

We Are Gowanus asserts that Shapiro spoke of the evening programing more in terms of a late night music venue featuring jazz and possibly other music seven days a week for those 21 and older. It would also feature a full bar with a last call around 1:30 AM, 2 AM on week-ends.

Members of WAG believe that RRPH's children's programing is "a supterfuge meant to dull community opposition so that his liquor license and building modifications sail through city bureaucracy."

Swing by the stoop sale this Saturday and support your DeGraw and Sackett Street neighbors.

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'We Are Gowanus' Members Attend Community Board 6 Meeting To Express Concerns About Proposed Rock & Roll Playhouse In Gowanus

We Are Gowanus member  Katya Jestin addressing Community Board 6 on Wednesday night.

 Katya Jestin of We Are Gowanus

 Members of We Are Gowanus in the audience

At this month's Community Board 6's general meeting, which was held this past Wednesday, members of We Are Gowanus (WAG) took the opportunity to express concern about Peter Shapiro's proposed Rock And Roll Playhouse (RRPH), which is slated to open in Gowanus later this year.

In anticipation of the developer coming before Community Board 6's Permits and Licenses Committee to seek a full liquor license for his proposed venue, WAG wanted to make sure that CB6 members  were aware of issues regarding the conversion of the 6,570 SF building at 280 Bond Street between Sackett and Degraw Street that will house the Playhouse.

According to its web site, Rock and Roll Playhouse will offer "family friendly programming during the day, as well as programming for adults, such as educational talks, jazz and theatrical performances in the evenings."

Speaking for WAG,  Katya Jestin explained that the development is totally incongruous with the existing R6B zoning.  Furthermore, she pointed out that Peter Shapiro's insistence that the Rock and Roll Playhouse will be a theatre around children's programing is inconsistent with what he told members of WAG.

At a meeting in early May with homeowners whose property abuts the warehouse, Shapiro spoke of the evening programing in terms of a late night music venue featuring jazz and possibly other music seven days a week for those 21 and older. It would also feature a full bar with a last call around 1:30 AM, 2 AM on week-ends.

WAG is suggesting the disharmony between what Shapiro said to WAG, what the DOB plans show, and what he is saying to the public can be explained by the fact that the impresario's pitch  of a day time children' space is "a supterfuge meant to dull community opposition so that his liquor license and building modifications sail through city bureaucracy."

"We ask all of you to please keep in mind all the facts, to examine this closely, and to consider what we have told you when he comes before you," Katya Jesting told the Board.

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Video By 'We Are Gowanus' Shows Potential Impact Of Peter Shapiro's Rock And Roll Playhouse On Its Neighbors

280 Bond Street in Gowanus

Open space attached to 280 Bond Street

 

Members of We Are Gowanus collecting signatures for petition this past Saturday

The Rock & Roll Playhouse Impact from We Are Gowanus on Vimeo.

Since learning of Peter Shapiro's plans to turn an industrial warehouse at 280 Bond Street into The Rock & Roll Playhouse (RRPH), opposition from area residents against the venue has been mounting

Homeowners on Sackett and Degraw Street, whose property abut the 6,570 SF building, first got wind of the proposed venue in late April, when they received a certified letter from Burda Construction Company indicating that work to turn the warehouse "into a theatre and a restaurant that will include daily programing for children 10 and younger" would commence shortly.

To better understand the plans, the homeowners reached out to Amy Striem, RRPH's executive director. When Striem indicated that Shapiro, who also owns Brooklyn Bowl in Williamsburg and the Capitol Theater in Port Chester, would be applying for a full liquor license as well as a Place Of Assembly Certificate, they ask for a meeting with Shapiro.

The meeting between residents, Shapiro, Striem, Larry Burda of Burda Construction and Devlin Goldberg, the Children's Program Curriculum Director, took place on May 14th, 2013. Father Robert Powers of nearby St. Agnes Church was also present.

During their conversation, homeowners learned that besides the kids classes and family-friendly programming,  Shapiro intends to operate an over-21 jazz club after 8 PM that would offer live music seven days a week and feature a full bar with a last call at 1:30 AM, 2 AM on week-ends.

The residents also learned that Shapiro had no plans to soundproof either the inside or the outside walls of the brick warehouse, though the building extends deep into the backyards of several homes on Degraw and Sackett Streets. To make matters worse, the music stage will be placed at the back of the building, closest to the residential buildings.  In addition, Shapiro plans on installing large doors between the building and a large 3686 SF outdoor space.

In response to the initial misrepresentation of the project and of Shapiro's disregard for their concerns, the residents have joined together and have formed We Are Gowanus. In an impressive effort to protect their quality of life, they have reached out to the community and local business owners and have collected over 600 signatures so far.

They have just released the video above, showing the impact of the Rock & Roll Playhouse on the neighborhood.
From We Are Gowanus:
"The animation is based entirely on plans submitted to the NYC Dept. of Buildings. Everything is to scale. The purpose of the video is to help folks in the neighborhood visualize Shapiro's plans. The animation is based entirely on the plans he submitted to the DOB. Everything is to scale. The building is HUGE and can fit a lot of people. This is its real, legal occupancy potential. The video makes the fact clear: It's location on a residential block is entirely inappropriate."

To refute Peter Shapiro's recent assertions that RRPH will primarily be a" family-focused destination", WAG has also sent PMFA the following statement:

Father Powers was one of many citizens who heard Mr. Shapiro lay out his plans on May 14, plans supported by Mr. Shapiro’s own filings at the Department of Buildings. Mr. Shapiro is being disingenuous when he tells Daily News readers and the public in general that his Rock & Roll Playhouse will be a small family-friendly venue focused on childhood education. Such a child-centered venue does not need a full liquor license, which Mr. Shapiro is seeking, and cater to the 21-and-up crowd, which Mr. Shapiro has said it will.

Father Power’s comments follow below:

On May 14, I was invited to a meeting with neighbors whose homes on the block are closest to 280 Bond Street and with Peter Shapiro and his staff, and I attended the 90 minute meeting. One of the two churches of my parish, St. Agnes, is on the block. 

I don't hang out in nightclubs but Mr. Shapiro's description of what Rock n Roll Playhouse will be after 8 PM---jazz shows with a full service bar that will close at 1:30 AM on weeknights and 2 AM on weeknights--sounds like a nightclub. I was surprised to see the statement attributed to him in the online version of the Daily News today: "This is not a nightclub." 

My neighbors' concerns are legitimate: noise from patrons leaving the venue; noise from an old brick building that has no soundproofing; discrepancies between Mr. Shapiro's claims of an occupancy of 200 and the building's and property's square footage that could potentially hold hundreds more. This nightclub could ruin the tranquility of this neighborhood, and my neighbors deserve better. 

Father Robert M. Powers 

Administrator,  Parish of St. Paul &  St. Agnes

You can reach We Are Gowanus via their new website here.
You can find the group's new Facebook page here.
And if you would like to sign their petitions, click here.

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