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August 4, 2006
Scarano Cuts Deal, Gives Up Self-Certification
August 4, 2006 -- Robert M. Scarano Jr., an architect who has been active during Brooklyn’s construction boom, agreed this week to settle charges brought by the Buildings Department that he violated zoning rules or building codes in the design of more than two dozen apartment buildings. The city said that many of his buildings were larger than allowed by zoning, and it also charged that he failed to guarantee safe conditions at a construction site where a worker was killed in March. Mr. Scarano agreed to drop out of a program that allows architects to approve their own plans without regular review from the Buildings Department. His building designs will now have to be approved by city examiners. The settlement specified that it was not an admission of guilt or liability by Mr. Scarano. William Neuman.
Brooklyn: Architect Settles Charges [NY Times]
Comments
As a developer, it sure is great to know that I can encourage my architect to break the law, or just go ahead and break the law myself, and know there will be no repercussions for it. Isn't capitalism great?
Posted by: Shahn Andersen at August 4, 2006 9:25 AM
I'm sure that this announcement will really be a source of satisfaction for the family of the worker who died on site.
Having a city agency looking over your shoulder to make sure you are doing what you know you should be doing in the first place, is hardly any kind of punishment, or even censure.
Posted by: CrownHeightsProud at August 4, 2006 10:06 AM
Ridiculous. If the DOB ever shows up to inspect construction, they usually do a poor job. And their approvals can usually be bought. This isn't even a slap on the wrist. No financial penalties? No jail time? No admission of guilt? He is just going to get some other architect at his firm the ability to self-certify. Why hasn't the Attorney General (Hellloooo Mr. Spitzer???) gotten involved in this? How about Bloomberg? There is so much slipping through the cracks with the enormous amount of new construction happening in this city. How come none of the city officials are on top of this?? Insane.
Posted by: jarirf at August 4, 2006 10:51 AM
In a word, jarirf? Greed.
Posted by: Bx2Bklyn at August 4, 2006 12:00 PM
Shahn,
I'm not exactly sure what you are trying to say about capitalism.... Do you even know what capitalism is?
For example, capitalism has nothing to say about people obeying locally tailored laws.
Capitalism is an economic system which is primarly concerned with recognizing property rights, and understanding how comparitive advantage makes it beneficial for everyone, regardless of nationality or tribal alliance to do business with one another.
Capitalism in this respect is basically an attack on Mercantalism and its protectionist philosophy.
What again does this philosophy of mutual respect for one another (and their property) figure into a discussion of developers not obeying to the letter of the law?
Posted by: iceberg at August 4, 2006 12:06 PM
cap·i·tal·ism :
n. An economic system in which the means of production and distribution are privately or corporately owned and development is proportionate to the accumulation and reinvestment of profits gained in a free market.
"...development is proportionate to the accumulation and reinvestment of profits in a free market."
Enough said.
Posted by: Shahn Andersen at August 4, 2006 12:38 PM
Shahn,
I realize we can argue all day long about definitions. For one, the person who coined the term "Capitalism" was no other than good ole Karl Marx, who used the term in a pejoritive sense, which I believe was to stress his ideology of workers being exploited from the full value of their labor, and that exploitation taking the form of profits.
Accordingly then to a Marxist philosopher, there are no just profits, only exploited capital. The critics of Marxian socialism defended the right to this profit as their just property. They believe that the profits represent the product of accumalated savings, and stress that production cannot occur without the prior savings of capitalists.
But I still fail to see how the standard, non-philosopical dictionary definition has to say anything in regards to developers and how they carry out their business. Care to explain?
Posted by: iceberg at August 4, 2006 12:54 PM
Iceberg,
We are all quite impressed that you are/were an Economics Major / Marxist Revolutionary.
By ironically saying, "Isn't capitalism great", I was pretty clearly saying that the unfettered pursuit of profit (Turbo Capitalism, according to Economist Edward Luttwak) damages both those in pursuit of unconsionable profits and those that purchase their products.
Since you are obviously much smarter than the rest of us, I'm surprised you couldn't figure out what I was saying (or maybe you just wanted me to spell it out so you could bloviate for a few posts).
Posted by: Shahn Andersen at August 4, 2006 2:31 PM
Shahn,
There is one problem with Edward Luttwak's critique of capitalism; economics is a wertfrei science, and not subject to normative statements, by the like of his book.
He is basically arguing that he doesn't like what he believes are the results of unfettered capitalism, and I have no issue with that. I happen to believe that he is wrong to attribute those critiques to capitalism itself, and most likely the source of these problem will be due to unintended consequense of a prior government intervention, but have what you want.
Also, I would like to understand what you mean by the "pursuit of unconsionable profits", and who is to determine what is or isn't enough and too much profit.
Posted by: iceberg at August 4, 2006 3:09 PM
Every self certifying Architect makes this pledge.
" I hereby state that I have exercised a professional standard of care in
certifying that the filed application is complete and in accordance with
applicable laws, including the rules of the Department of Buildings, as of
this date. I am aware the Commissioner will rely upon the truth and
accuracy of this statement. I have notified the owner that this
application has been professionally certified. If an audit or other exam
discloses non-compliance, I agree to notify the owner of the remedial
measures that must be taken to meet legal requirements. I further realize
that any misrepresentation or falsification of facts made knowingly or
negligently by me, my agents or employees, or by others with my knowledge,
will render me liable for legal and disciplinary action by the Department
of Buildings and other appropriate authorities, including termination of
participation in the professional certification procedures at the
Department of Buildings."
Now what? The DOB has determined that Mr. Scarano can no longer participate in the self certification program. Being an Architect in NYC is similar to that of a world class professional athlete. Sure you can play the game with the rest of the big boys and girls but if you truly want to win you need performance enhancing drugs. Anabolic steroids or balcony lofts, blood transfusions or pumped up FAR calculations, no difference.
When they start chopping stories off the tops of these buildings, then you will see some changes in behavior.
Posted by: imby at August 4, 2006 4:49 PM
First of all let me say that in true capitalism people like Scarrano would never survive. What most people confuse as capitalism is nothing more than a welfare system for the rich. Scarrano, like the rest of the pigs that we like to refer to as Capitalists, has made his millions thanks to loopholes,fudging of numbers and tax breaks. None of which would exist in a true Capitalistic system.
Now to the issue at hand-
It's the same bullshit deal they made with Radusky, and we all know just how effective that has been at reigning in his illegal activities. People are still getting killed and/or injured and adjoining properties are still being destroyed at just about every one of his jobs. Just like before Radusky "Made a deal with the DOB" to settle charges against him.
The DEAL includes an unwritten agreement to rubber stamp all his work.
You know the old saying -
"The more things change the more they stay the same"
Especially when Money and Bureaucrats are involved.
It's great to know that we have an army of police in this City who's job it is to hand out tickets and arrest bicycle riders but no one will do anything to stop or prosecute real Criminals (Murderer's etc.).
Welfare for the rich.
Posted by: pieceofmine at August 5, 2006 11:50 AM
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