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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Third Board Of Standards And Appeals Hearing On Rock And Roll Playhouse In Gowanus Scheduled For June 17th

280 Bond Street

View of residential homes abutting the building on Degraw Street

On Tuesday, June 17, the Board of Sandards and Appeals (BSA) once again will be hearing the case of 280 Bond Street, a non-conforming use abutting six residential townhouses that developer Peter Shapiro hopes to turn into the Rock And Roll Playhouse. This will be the third hearing on the matter.

Here is a bit of background on the matter:

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 NYC Department of Buildings 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.

Below is a press release on the upcoming hearing from We Are Gowanus:

Please join us on Tuesday, JUNE 17 at 10am for our next Board of Standards and Appeals (BSA) hearing regarding 280 Bond Street (the proposed site of Rock and Roll Playhouse).

The hearing will take place at 22 Reade Street, Spector Hall (ground floor). It is critical for WAG to demonstrate community support with a strong turnout at this upcoming hearing.

Here's an update about 280 Bond Street and the two previous BSA Hearings:

First Hearing: January 2014
The first hearing revealed no evidence of an actual business at 280 Bond St. The BSA Chair instructed the attorney for the owner of 280 Bond Street to produce evidence for the next hearing.

Second Hearing: March 2014
The second hearing offered minimal supporting evidence of an ongoing business from the early 1980s to the present. The BSA Chair highlighted this omission, and gave the owner of 280 Bond another opportunity to demonstrate that business actually occurred at that site.

At the same time, WAG provided evidence that the building owner had been convicted of federal tax evasion, and in the course of that proceeding he swore under oath to the Manhattan DA that he had had no active business at the location from 2008-2011.

Third Hearing - originally May 2014; postponed until June 17
This hearing was postponed to allow a new DOB attorney to get up to speed on the case.

We’ve received fantastic letters of support from State Senator Velmanette Montgomery and Joan Millman.

We look forward to seeing you on June 17!

All the best,

We Are Gowanus
http://wearegowanus.org/
https://www.facebook.com/pages/We-Are-Gowanus/146583272193503

Both State Assemblywoman Joan Millman as well as State Senator Velmanette Montgomery have recently written letters to members of the Board Of Standards and Appeal in support of We Are Gowanus.  Please see letters below.

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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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Important Issues Discussed And Voted On At Last Night's Gowanus Superfund CAG Meeting

EPA's Christos Tsiamis, seated, and Gowanus CAG facilitator Jeff Edelstein, standing

Christos Tsiamis, EPA Region 2 project manager for the Gowanus Canal 

Brian Carr, EPA Region 2 lawyer

Still from " Perfume vs. Miasma" on the Gowanus Canal by Rebecca Volinsky

Still from 'Gouwane' by Susannah Sayler and Edward Morris

The EPA Community Advisory Committee (CAG) for the Gowanus Canal Superfund gathered at the Brooklyn Historical Society for its monthly meeting last night.  Christos Tsiamis, EPA Region Two project manager and Brian Carr, a lawyer for Region 2, were both in attendance for a question and answer session.

Tsiamis  had brought along two short movies about the canal,  which had been screened at the "Canary Project"* art exhibit at Parsons School of Design, to which he had been invited. The movies offered visions for the Gowanus Canal post clean-up by various artists.  "It was a case of art informing science" Christos told the CAG.
Indeed, both 'Perfume vs. Miasma" by Rebecca Volinsky and 'Gouwani' by Suzanne Sailors and Ed Morris were well worth watching.
-Tsiamis also informed the CAG that the Feasibility Study (FS), which outlines the different options for a clean-up, will be released at the end of the year.  There will be a public meeting to discuss the FS in January 2012.
The discussion between members of the CAG and Tsiamis was broad and included such topics as bulkheads,  additional grants for technical assistance and plans for the First Street and Fourth Street canal basins, which were filled in decades ago.
-The CAG also voted on a resolution first discussed at a Water Quality/Technical Committees meeting on November 29th. It reads:
The Community Advisory Group requests that NYC DEP install real-time flow meters as soon as possible, but no later than February 15, 2012 on the Combined Sewer Overflows Identified as RH35, OH37, RH34 and OH05.
The goal is to collect data ahead of the re-activation of the Flushing Tunnel in the fall of 2012 and to determine whether the flow figures cited by the DEP are reasonable.  Local officials will be cc'd  on the request.  The resolution passed easily.
-Another important topic of the night was the Whole Foods site, located at the corner of Third Avenue and Third Street in Gowanus.  Whole Foods is scheduled to appear in front of  the Board Of Standards And Appeals (BSA) on December 13th, concerning their request for a variance to permit a food store contrary to use regulations in an M2-1 zoning district. Since the proposed 56,000 s.f. store will be built on a site that has the largest frontage of any property along the Gowanus Canal, some members of the CAG felt that the scale of the project, the proposed 12 foot grade change and bulkhead plan for the site could adversely affect the Superfund clean-up.
The following resolution was put forth buy the CAG:
1) The Gowanus CAG Requests that the NYC BSA postpone its decision on Whole Food's Variance Application until the EPA releases its Record of Decision for the clean-up plan. 2)The CAG requests that Whole Foods Market present to the CAG their general site work and bulkhead plan.
The resolution passed easily.
*The Canary Project at Parsons will run until December 15th. Read more

Gowanus Whole Foods Calendared For Board Of Standards And Appeals Hearing

Here is the latest  news on the long-delayed Gowanus Whole Foods.

Whole Foods has been calendared for a hearing at the NYC Board of Standards and Appeals on TUESDAY, DECEMBER 13, concerning their request for a use variance  (§72-21) to permit a food store (UG6), contrary to use regulations in an M2-1 zoning district, at the corner of Third Avenue and Third Street on the Gowanus Canal. 

Currently, New York City's Zoning Resolution only allows Whole Foods to build a 10,000s.f. store on the site, which is located in an  M2-1 zoning district.  The proposed Gowanus store would be 56,000 s.f.

In applying for a variance, Whole Foods is claiming that full compliance with zoning regulations is not possible in order to realize a reasonable economic return on their property. The Board Of Standards And Appeals "must determine, in granting a variance, that each and every one of five findings identified in Section 72-21 are met.  The five findings are excerpted from the Zoning Resolution below:

(a) that there are unique physical conditions …. inherent in the particular zoning lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardship arise;

(b) that because of such physical conditions there is no reasonable possibility that the development of the zoning lot will bring a reasonable return … this finding shall not be required for the granting of a variance to a non-profit organization;

(c) that the variance, if granted, will not alter the essential character of the neighborhood;

(d) that the practical difficulties or unnecessary hardship claimed as a ground for a variance have not been created by the owner;

(e)  …the variance, if granted, is the minimum variance necessary to afford relief.

It will be fascinating to see how the BSA will rule on this matter. The validity of Whole Foods' claims of hardship seven years after assembling a building site by purchase and lease of several properties in a zoning district unsuitable for their purposes, are tenuous at best. Whole Foods also:

* willingly purchased the polluted site in a dense industrial area

*next to a polluted canal into which human waste is discharged every time it rains heavily

*which lies in the 100 year flood plain and is therefore prone to flooding

*has a high water table

*has substantial grade changes across the lot

and most importantly...

*does not, by law, allow for Whole Foods' intended use.

Written testimony by members of the community on this matter can be submitted to the BSA until December 9.

Please address to: Chair of the BSA, Meenakshi Srinivasan. 

The letters may be submitted via regular mail to: 

BSA 

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

or emailed you letter to the executive director at  jmulligan@bsa.nyc.gov

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Clarett Clears A Hurdle! Gets BSA Application Approval From CB6 Land Use Committee

The Clarett Site at 340 Court Street


Proposed 340 Union Street development

proposed town houses on Sackett Street

At Monday night's Community Board 6 Land Use Committee meeting, the Clarett Group's 340 Court Street project cleared a hurdle in the NYC Board of Standards and Appeals process when the committee voted to approve the BSA application.

Although the project has been stalled due to our injured economy, it was issued a stop work order due to the recent rezoning of the Carroll Gardens neighborhood. The NYC Department of Buildings automatically stops work at development projects when there is a zoning change and requires that developers re-submit their plans to confirm that they meet the revised zoning.

As it turns out, there were a few small differences between what was permitted under the old R6 zoning with quality housing guidelines and the new contextual R6A and R6B zoning. The F.A.R. (Floor Area Ratio - which is a number which determines the allowable size of a building) did not change along the Court Street corridor but was reduced slightly (about 10%) along Union and Sackett Streets but did not significantly change the project. There was a change to the height limits along the side streets which were subject to the R6B zoning and therefore limited to a 50 foot height after a setback at 40 feet. The existing plans included townhouses along the side streets rising to a height of 42 feet without setbacks. This, it is believed, is better than requiring setbacks which would make the new townhouses look out of place compared to the existing streetscape.

As a result of this analysis and in light of the comments of a few people with knowledge of the project and with neighborhood zoning, the Landmarks/Land Use committee of Community Board Six voted to approve the application submitted by Clarett to the NYC Board of Standards and Appeals to allow their project to proceed as vested under the old zoning requirements.

The representative, Clarett Managing Director Eric Deutsch, said that they consider the 340 Court Street project one of their high priorities and that they intend to proceed as soon as financing allows. He denied that there are any plans to sell the site to another developer.

It was suggested at Monday night's meeting that Clarett should strive to work on improving communications with the community and to reach out to residents to resolve problems.

The hearing in front of the NYC Board Of Standards and Appeals regarding 340 Court Street is scheduled for January 26th.

Related Reading:

Some Work Resumes At Clarett Site On Court Street, Despite Recent Stop Work Order

Clarett Came, Dug...And Blighted?

Clarett To Pause Construction At 340 Court For Next Few Months?

Clarett Keeping Mum About Revised Plans For 'The Collection At Court Street"

Carroll Gardens Not Exactly Loving Clarett's 340 Court Street Design




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