Yet Another Stop Work Order For 232-240 Smith Street After Construction Work Undermines Building Next Door

Construction site at 232-240 Smith Street at Douglass Street

FDNY at construction site this past Friday, October 5th

The latest S.W.O. issued on 10/05/2018

Damage to adjacent building at 57 Douglass Street

New scaffolding on 57 Douglass Street

No construction site in Carroll Gardens has been more problematic than the one at 232-240 Smith Street at the corner of Douglass Street. Not only has the construction fence around the site taken up the sidewalk for years, but the excavation work has caused quite a lot of problems, which earned it an astonishing number of Stop Work Orders.

And the problems continue to pile up.
Yet another full Stop Work Order was issued by the NYC Department of Buildings after the adjacent property at 57 Douglass Street was compromised.
This past Friday, the NYC Fire Department responded to a 311 call reporting that the small building was shaking and that its façade had developed cracks. The Fire Department stayed on site until Building Department inspectors were able to assess the situation.
By evening,  a scaffolding had been erected in front of 57 Douglass and the S,W.O. issued to the construction site for "failure to protect the adjoining property."

Here is some background on the 232-240 Smith Street site:
The long saga of this construction site started about 12 years ago with the demolition of several one story buildings that housed a few stores and a then-popular Argentinian restaurant named Sur, which helped spark Smith Street's revival. During a decade, nothing happened on the lot except for violations handed out by the NYC Department Of Buildings for 'failure to maintain construction fence."

Finally, in 2015, Commercial Observer reported that "Madison Realty Capital provided Brooklyn-based Second Development Services with a short-term $9 million loan for the acquisition and development of 232 Smith Street." Louis Greco of SDS told the Observer that he is planning a 15,000-square-foot retail building on the site.

D.o.B. permits were filed by OCV Architects shortly afterwards and by the fall of 2016 work finally began and... stopped. Within weeks, the D.o.B. issued a stop work order for "failure to notify DOB within 24-48 hours of the start of excavation" and for 'failure to safeguard all persons and property."

In addition, the site regularly fills up with water and there have been problems with the sewer lines.

To this date, 232-240 Smith Street has amassed an impressive 102 complaints, 48 D.O.B. violations and 73 Environmental Control Board (ECB) violations. 

It had been announced to the community that a Crunch Fitness would be the tenant in this new building. At the rate construction is going, it will be a while before the gym opens.

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Local Residents Are Wondering What's Going On At 165 W. 9th Street In Carroll Gardens

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12 Years And Counting: Yet Another Stop Work Order For The 232 Smith Street Construction Site

How many years, how many stop work orders and how many violations will it take before the planned two-story building at 232-240 Smith Street will be completed?

For almost twelve years now, a wooden fence has surrounded the empty lot at the corner of Smith and Douglass Street. The long saga of this construction site started with the demolition of several one story buildings that housed a few stores and a then-popular Argentinian restaurant named Sur that helped spark Smith Street's revival.  During a decade, nothing happened on the lot except for violations handed out by the NYC Department Of Buildings for 'failure to maintain construction fence."

Finally, in 2015, Commercial Observer reported that "Madison Realty Capital provided Brooklyn-based Second Development Services with a short-term $9 million loan for the acquisition and development of 232 Smith Street." Louis Greco of SDS told the Observer that he is planning a 15,000-square-foot retail building on the site. 

D.o.B. permits were filed by OCV Architects shortly afterwards and by the fall of 2016 work finally began and... stopped. Within weeks, the D.o.B. issued a stop work order for "failure to notify DOB within 24-48 hours of the start of excavation" and for 'failure to safeguard all persons and property" as well as " doing damage to the adjacent building."

Since then, the site has been an open dirt pit that regularly fills with water. It appeared lately that the contractor was ready to begin work again, and the site was promptly hit with yet another complete stop work order on February 21. This newest one seems to be related to the sewer line and sewer water that needs to be pumped out of the site.

To this date, 232-240 Smith Street has amassed an impressive 97 complaints, 48 D.O.B. violations and 72 Environmental Control Board (ECB) violations, of which four are still currently open. Most of these were issued since 2006, when the property changed hands.

It had been announced to the community that a Crunch Fitness would be the tenant in this new building. At the rate construction is going, it will be a while before the gym opens.

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Sad Sight: Lovely Wood Clad Building That Housed Book Court At 163 Court Street Loses Its Beautiful Old Façade

161 and 163 Court Street when the buildings housed Book Court

(photo credit: google.com)

Book Court, before it closed.

On May 18, 2017

First, the South Brooklyn community mourned the loss of BookCourt, a 35-year old Cobble Hill indie bookstore when owners, Henry Zook and Mary Gannett decided to retire.

Now, many in the neighborhood are saddened to see that 163 Court Street, the smaller of the two joint buildings that housed the bookstore is undergoing a major renovation that has stripped it of its original wood cladding and charming ornate wooden storefront.

After closing their business, Book and Gannett sold both 161 and 163 Court Street to Eastern Capital for an estimated $13.6 million. Permits were almost immediately filed with the NYC Department of Buildings and works has been progressing rapidly.

Esther, a local resident reached out to PMFA to say:
"I recently walked past 163 Court Street, the smaller of the two (former) Book Court buildings. The wood cladding and window surrounds have been removed, exposing the frame and brick nogging, and the historic storefront has been ripped out. Any idea what is happening there? Rare wood frame building, c.1840s. Very sad because I doubt any restorative work is planned."

A Permit for 'proposed façade and store front alteration' has been issued by the NYC Department of Buildings. A permit for a vertical and horizontal enlargement is pending. The architect on record is John Schimenty.

The larger building at #163 will also be enlarged.

It is important to note that neither of the two buildings is landmarked since only the opposite side of Court Street is within the footprints of the Cobble Hill Historic District.
One can only hope that this old building will not be totally remodeled, but one can't help but feel sad to see it in its current condition.

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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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Lightstone Development In Gowanus: 25 Piles Done, Over 1000 To Go?

The pile driving at the Lightstone Group's 700 unit development site on the shores of the Gowanus Canal continues to make the life of nearby residents miserable as the sound of steel being pounded into the ground reverberates all the way up to Smith Street and beyond.

One resident commented on the post Construction Update For Lightstone Group Project In Gowanus yesterday and wrote:

"I live five doors from the site and can vouch that the abundant work-from-home freelance and arts community here in the immediate zone is up in arms and suffering greatly. Ditto the many elderly and children home with caregivers. Our house is shaking and sound level is at 58-81 dB. We've been told they will be driving 1200 piles* and there is nothing anyone can do abate the noise because of the fees they've paid the city. It starts legally at 7 am, M-F.
Yes, 1200 piles. After a week they have about 25 done and are said to be getting a second rig going soon."

The commenter explained that the number comes directly from a safety foreman on the site who spoke with another resident. The same foreman apparently said that NYC Buildings Department inspectors are coming every day because of all the complaints that have been called in. Allegedly, the DoB inspectors "told the foreman not to worry about the complaints nor the inspectors themselves as the city was earning so much money from this job from all the permits alone it didn't care about the complaints. He told her there wasn't anything anyone could do to stop the situation. He also went on to add they were expecting a second machine and hoping to drive 50 piles a day."

A second pile driver would move the work along faster, but I cannot possibly imagine the level of noise and vibration that would create.  It remains to be seen if the 1200 piles are just for one of the two sites included in the development, or if that is the total number.  So far, pile driving is only taking place on the site between First and Second Street at Bond Street.  The site between Carroll Street and First Street at Bond Street will need piles as well.

As for the comment by City Inspectors that Lightstsone has nothing to worry about as far as the 311 calls from local residents, it would not surprise me one bit.

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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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