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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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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Second Board Of Standards And Appeals Hearing Regarding Gowanus Rock And Roll Playhouse Scheduled For Tomorrow

280 Bond Street

Zoning map for 280 Bond Street

drawing via therockandrollplayhouse.com

At a recent We Are Gowanus get-together with Borough President Eric Adams

and Council Member Stephen Levin

Council Member Stephen Levin and Borough President Eric Adams came to look at the development site and expressed serious concern about the effect on the neighborhood.

Borough President Eric Adams checking out proposed Rock and Roll Playhouse building from one of the residential building on Sackett Street to get a better understanding of the venue's potential impact on neighbors.

Elizabeth Cordova, Member of We Are Gowanus, with Borough President Eric Adams

Sparks are likely to fly at the Board of Sandards and Appeals tomorrow, which will again hear the case of 280 Bond Street, a non-conforming use abutting six residential townhouses that developer Peter Shapiro hopes to turn into a nightclub.

Residents are seeking to revert the space to residential and have provided a mountain of evidence that casts serious doubt on assertions by the site's owner, Alvin Isacowitz, that it has been in continuous commercial use. Besides sworn affidavits by current and former residents of the neighborhood -- including two stating that Isacowitz said he was retiring years ago, We Are Gowanus has produced sworn testimony and a sworn financial disclosure form from the owner himself stating that he has been retired for years. You'd think that would be enough to discredit just about anything Isacowitz claimed.

But the Department of Buildings has so far chosen to keep its head in the sand, responding that it prefers to believe that Isacowitz chose to lie under penalty of perjury before a judge and before the District Attorney, instead of before the DOB.


The BSA hearing will be held tomorrow, April 1st, at 22 Read Street, Spector Hall, 10am. Read more

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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