South Park Slope Community Group

By Charles Hack
The Park Slope Courier

Green-Wood Cemetery has dropped its opposition to a controversial development at 614 7th Avenue, which they had said threatened a 85-year-old view of the Statue of Liberty from the Minerva statue atop Battle Hill in the graveyard.

The decision has miffed South Park Slope and Greenwood Heights downzoning advocates, who also opposed the 70-foot development for being out of scale with a neighborhood dominated by two- and three-story homes.

Having the heavy-hitter on their side had been a great boost to their campaign.

But negotiations with the developer’s attorneys satisfied the Green-Wood Cemetery’s president that the developers would not build in front of the historical view.

“The owner of the property has agreed to protect to the view,” said Richard Moylan, president of the Green-Wood Cemetery. “That was our only concern.”

The construction of the building is presently in limbo, as the Department of Buildings (DOB) had placed a stop work order on the development last fall.

The department concluded that the development no longer complied with zoning laws that came into effect on November 15. The new regulations

BROOKLYN – New buildings are popping up all over Brooklyn leaving many residents concerned about the future of their neighborhoods. In this In Depth report, News 12 Brooklyn’s Elizabeth Gould looks at how important zoning has become to so many residents.

The influx of new buildings has led to an unprecedented construction boom in Brooklyn. Buildings are also being sold to developers who then come in and build bigger and better developments. And that’s where zoning becomes crucial. The Department of City Planning decides what types of dwellings can be built on particular plots throughout the borough. Under the current code, developers are allowed to build a tall structure, which has many residents concerned.

Residents have approached their community boards in an effort to get the planning commission to reduce building heights, which is known as downzoning. To date, six neighborhoods have been rezoned and three more are in the process of doing the same. Now, developers are racing against time so that their new buildings can be grandfathered in under the old zoning laws.

Click here for a link to the article on BKLYN 12 (you may need to be a Time Warner or ComCast customer to access)

By Charles Hack
The Park Slope Courier

After hearing from a community intent on preserving the low-rise character of its neighborhood, the Community Board 7 Land Use Committee recently voted to reject an application by developers to complete five projects they had started before new stricter zoning law came into effect.

The full board unanimously supported the vote the following day.

“The communities of South Park Slope and Green-Wood Heights sent a clear message to developers that they are not going to accept non-contextual development,” said Randy Peers, chair of Community Board 7 in a statement. “In the case of these five sites, the community board does not buy the argument that they merely got ‘stuck in the middle’ ”

Community Board 7 held its second hearing to consider applications from property developers, whose construction projects were halted on Nov. 16, 2005 by a new downzoned area that includes most of a rezoned 50-block parcel at South Park Slope and Green-Wood Heights.

Owners had filed applications to the City of New York Board of Standards and Appeals (BSA) requesting that they be allowed to complete the property developments they had begun before the new zoning laws kicked in.

After the CB 7 hearing and subcommittee meeting scheduled for Jan. 17 at 4201 4th Ave., the decision will be taken to the full board, which will file recommendations with the BSA.

Attorney Eric Palatnik represented the owners of 245 16th St. and 422 Prospect Ave. at the CB 7 BSA “application for an extension of period to compete construction” hearings.

Palatnik’s testimony argued that the foundations had been substantially completed by the day that the new rezoning was approved by the City Council. To be automatically “grandfathered in,” the foundations would normally have to be 100 percent complete.

The proposed six-family building on 16th Street would be a 49-foot, four-story building, according to the permit filed with the Department of Buildings. The gross area would be 8,391 square feet, according to the permit. Although the height does not exceed the limit under the new R6B zoning regulations, the floor area would have to be reduced because a 10-foot setback would be required, he said.

There was some conflict between what was presented in verbal testimony from Palatnik and what is documented. For example, in verbal testimony he frequently said the percentage of the foundation completed was about 75 to 80 percent. In the application filed with the BSA, he states that the foundations are 90 percent complete. In addition, Palatnik said that floor area would be 6,000 square feet under existing plans and 5,000 square feet under the new R6B zoning. This compares to more than 8,000 square feet shown on the permit issued on Oct 7.

Aaron Brashear, of the Concerned Citizens of Green-Wood Heights, testified that while the property itself was significantly less out-of-character than other recent developments in the neighborhood, he challenged the legality by which the developer claimed the foundation was substantially complete by the time the November 16th deadline had arrived.

Brashear alleged that the owner had attempted to beat the clock, allowing work to continue outside the hours allowed by the permit.

He also argued that the foundations had been rushed, and questioned the stability of the foundations for future occupants and their neighbors.

Similar arguments were presented for the second property, on Prospect Avenue, formerly in an R5 zone that was changed to R5B. The proposed 30-foot dwelling was, according to permits, a three-family, three-story building with an area of 4,422 square feet.

Howard Blunt, of 184 16th St., asked the board to oppose further high-rise development.

“The quality of life on the street is just horrendous,” Blunt said. “I am not talking about this property so much, but I am talking about the trend. We are seeing enormous changes going on.”

A representative from Assemblymember James F. Brennan’s office said that the application should be denied because down-zoning that the community had fought hard to achieve should be preserved by strict enforcement.

Peers blasted developers for not taking a greater interest in the communities in which they wanted to develop. He said that if the developers had consulted the public before they began planning their developments, the problems that community now faces would not have been so acute.

On Jan. 11, a well-attended and spirited meeting was held at CB 7, at St. John-St. Matthew-Emmanuel Church, BSA to consider applications to extend the work time on three other properties.

The three were a five-story building at 400 15th St., a six-story building at 639 6th Ave. and two- to three-story building at 1638 8th Ave.

Like the properties at the second hearing, the applicants who were represented by law firm Greenberg Traurig, argued that their foundations had been substantially completed. But the property owners also filed separate applications for financial hardship, because of development costs already incurred, and because they claimed expenses associated with repairing damage to adjacent properties, and responding to stop work orders.

According to sources, speaker after speaker strongly objected to these arguments.

“It has been proven that the construction delays were a result of violations and stop work orders,” Peers said. “In our opinion, we shouldn’t be rewarding developers with vesting rights when based on their track record they have consistently done the wrong thing.”

Public hearings for 182 15th St. and 614 7th Ave. will take place Wed., Feb. 8 at 6:30 p.m. at the Grand Prospect Hall, 263 Prospect Avenue between 5th and 6th avenues.

By Charles Hack
The Park Slope Courier

After hearing from a community intent on preserving the low-rise character of its neighborhood, the Community Board 7 Land Use Committee recently voted to reject an application by developers to complete five projects they had started before new stricter zoning law came into effect.

The full board unanimously supported the vote the following day.

“The communities of South Park Slope and Green-Wood Heights sent a clear message to developers that they are not going to accept non-contextual development,” said Randy Peers, chair of Community Board 7 in a statement. “In the case of these five sites, the community board does not buy the argument that they merely got ‘stuck in the middle’ ”

Community Board 7 held its second hearing to consider applications from property developers, whose construction projects were halted on Nov. 16, 2005 by a new downzoned area that includes most of a rezoned 50-block parcel at South Park Slope and Green-Wood Heights.

Owners had filed applications to the City of New York Board of Standards and Appeals (BSA) requesting that they be allowed to complete the property developments they had begun before the new zoning laws kicked in.

After the CB 7 hearing and subcommittee meeting scheduled for Jan. 17 at 4201 4th Ave., the decision will be taken to the full board, which will file recommendations with the BSA.

Attorney Eric Palatnik represented the owners of 245 16th St. and 422 Prospect Ave. at the CB 7 BSA “application for an extension of period to compete construction” hearings.

Palatnik’s testimony argued that the foundations had been substantially completed by the day that the new rezoning was approved by the City Council. To be automatically “grandfathered in,” the foundations would normally have to be 100 percent complete.

The proposed six-family building on 16th Street would be a 49-foot, four-story building, according to the permit filed with the Department of Buildings. The gross area would be 8,391 square feet, according to the permit. Although the height does not exceed the limit under the new R6B zoning regulations, the floor area would have to be reduced because a 10-foot setback would be required, he said.

There was some conflict between what was presented in verbal testimony from Palatnik and what is documented. For example, in verbal testimony he frequently said the percentage of the foundation completed was about 75 to 80 percent. In the application filed with the BSA, he states that the foundations are 90 percent complete. In addition, Palatnik said that floor area would be 6,000 square feet under existing plans and 5,000 square feet under the new R6B zoning. This compares to more than 8,000 square feet shown on the permit issued on Oct 7.

Aaron Brashear, of the Concerned Citizens of Green-Wood Heights, testified that while the property itself was significantly less out-of-character than other recent developments in the neighborhood, he challenged the legality by which the developer claimed the foundation was substantially complete by the time the November 16th deadline had arrived.

Brashear alleged that the owner had attempted to beat the clock, allowing work to continue outside the hours allowed by the permit.

He also argued that the foundations had been rushed, and questioned the stability of the foundations for future occupants and their neighbors.

Similar arguments were presented for the second property, on Prospect Avenue, formerly in an R5 zone that was changed to R5B. The proposed 30-foot dwelling was, according to permits, a three-family, three-story building with an area of 4,422 square feet.

Howard Blunt, of 184 16th St., asked the board to oppose further high-rise development.

“The quality of life on the street is just horrendous,” Blunt said. “I am not talking about this property so much, but I am talking about the trend. We are seeing enormous changes going on.”

A representative from Assemblymember James F. Brennan’s office said that the application should be denied because down-zoning that the community had fought hard to achieve should be preserved by strict enforcement.

Peers blasted developers for not taking a greater interest in the communities in which they wanted to develop. He said that if the developers had consulted the public before they began planning their developments, the problems that community now faces would not have been so acute.

On Jan. 11, a well-attended and spirited meeting was held at CB 7, at St. John-St. Matthew-Emmanuel Church, BSA to consider applications to extend the work time on three other properties.

The three were a five-story building at 400 15th St., a six-story building at 639 6th Ave. and two- to three-story building at 1638 8th Ave.

Like the properties at the second hearing, the applicants who were represented by law firm Greenberg Traurig, argued that their foundations had been substantially completed. But the property owners also filed separate applications for financial hardship, because of development costs already incurred, and because they claimed expenses associated with repairing damage to adjacent properties, and responding to stop work orders.

According to sources, speaker after speaker strongly objected to these arguments.

“It has been proven that the construction delays were a result of violations and stop work orders,” Peers said. “In our opinion, we shouldn’t be rewarding developers with vesting rights when based on their track record they have consistently done the wrong thing.”

Public hearings for 182 15th St. and 614 7th Ave. will take place Wed., Feb. 8 at 6:30 p.m. at the Grand Prospect Hall, 263 Prospect Avenue between 5th and 6th avenues.

A unanimous vote was tallied last night at Community Board 7 as board members voted a loud NO to the vesting of five of seven properties who filled BZY applications with the BSA for vesting under the old R6 zoning of the recently rezoned South Park Slope/Greenwood Heights area.

_CM Bill DeBlasio speaks to CB7, “no vesting.”_

All five of the properties (639 6th Ave., 422 Prospect Ave., 245 16th St., 400 15th St. and 1638 8th Ave.) had incomplete foundations and attempted to present “hardship” during the CB7 public hearings. While several had more “substantial” foundations complete (ranging from 0% to 90%), all had multiple 311 complaints, various DOB/ECB violations and most had issues with damage to adjacent properties.

This week’s (01/17) public hearing had a similar tone as last week’s (01/11): an attorney claiming his clients were “caught in the closing door” of the downzoning. CB7 read the facts, heard public testimony and voted accordingly…NO VESTING!

The third, and potentially last, public hearing is scheduled for Wednesday, Feb. 8 at the Grand Prospect Hall (263 Prospect Avenue, btwn 5th & 6th Aves) at 6:30 PM. Properties appealing that evening are 182 15th St. (Katan 12-story building) and 614 7th Ave. ( “The Minerva/Save the View” building), two of the most contraversial projects in our area. The public again needs to come out in force, give testimony and send a clear message to the developers, CB7 and the BSA. No vesting, no way. Fuggedaboudit!

The South Slope and Greenwood Heights community packed St. John-St. Matthew-Emmanuel Church on Wednesday, January 11, where the first of the Board of Standards and Appeals BZY application public hearings was held by Community Board 7.

An attorney from Greenberg Traurig represented all three of the properties, 400 15th Street, 639 6th Avenue and 1638 8th Avenue, all applying for vesting under old R6 zoning with the claim that all had substantially completed foundations on the day of rezoning (11/16/05). All property owners also filed separate applications for financial hardship. While their attorney presented well, the arguments fell short and the community was there to point out shortcomings (with photos of dirt pits and mud lakes…not a complete foundation in sight!).

“Hardship,” claimed by all property owner/developers as a result of having to repair damaged adjacent properties, dealing with “difficult” neighbors (such as those pursuing litigation for damages), and the loss of work time because of Stop Work Orders stemming from illegal work practices, was especially galling to the community. “Why is the ‘hardship’ of the developers being considering here, when the true hardship of neighboring property owners and the community is not?” asked one resident.

It was made clear to CB7 and the property owners’ attorney that local residents are fed up with irresponsible development sites and that “no hardship and no vesting” would be tolerated.

Randy Peers, newly appointed CB7 Chair, provided perspective on the night’s discourse, asking pertinent questions to both attorney and residents about the sites and making sure community, CB7 members and attorney all got their say. We are confident the Community Board will vote NO to the vesting of these three properties.

Next stop: Community Board 7 on Tuesday, January 17 at 6:30pm (4th Ave. and 43rd St.) for the next two properties, 245 16th St. and 422 Prospect Ave. Then off to the BSA sometime in February/March as these properties are scheduled on the BSA calendar.

The owners of five non-vested South Park Slope properties stopped in their construction tracks by the passing of R6B zoning on November 16, 2005, have filed BZY forms to begin the process of taking their cases to the City of New York Board of Standards and Appeals (BSA).

245 16th St., 400 15th St., 639 Sixth Ave., 422 Prospect Ave. and 1638 Eighth Ave. were served Stop Work Orders by the Department of Buildings after their determination that the properties’ foundations were not complete on the day of rezoning.

639 6th Ave. (one of the five non-vested sites).

A BZY application must be filed within 30 days from the date that a property’s building permit has lapsed, which is the date that an amendment to the Zoning Resolution is voted into law by City Council. In the South Park Slope’s case, this date was November 16; hence, all BZY applications had to have been filed by property owners by December 16. The property owner’s attorney gives notice of a filing to the appropriate Community Board, which reviews the application, holds a public hearing and issues a recommendation to the Board of Standards and Appeals.

Community Board 7 has so far received notification of BZY filing on only these five properties.

A Community Board Hearing for three of these properties–400 15th St., 639 Sixth Ave. and 1638 Eighth Ave.–will be held on WEDNESDAY, JANUARY 11, 2006, at 6:30pm at St. John-St. Matthew-Emmanuel Church, 238 Prospect Avenue (between 5th and 6th Aves.).

A second Community Board Hearing for the remaining two of these properties–245 16th St. and 422 Prospect Ave. –along with any new BZY filings will be held on TUESDAY, JANUARY 17, 2006 at Community Board 7, 4201 4th Ave. (corner of 43rd Street).

These hearings are open to the public and public testimony will be heard. Everyone is encouraged to attend, especially adjacent property owners, neighbors and all concerned about further irresponsible development in our community. Please tell your neighbors and anyone you know that may have been affected by the construction of these properties. Adjacent neighbors’ testimony is especially important!

For more info on the BZY Form and the Board of Standards and Appeals Process, click here to download a PDF document.