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December 12, 2007
BSA Gives Williamsburg the Finger
Yesterday the Board of Standards and Appeals ruled that the building permit for Williamsburg’s infamous Finger Building, aka 144 North 8th Street, was valid and that construction on the project should be allowed to resume. The ruling gave the go-ahead for construction provided it doesn’t violate the SWO prohibiting it to rise beyond its present height, 10 stories (developer Mendel Brach wants to build 16 stories). The BSA wouldn’t give its blessing beyond 10 stories because of outstanding litigation aimed at Brach and architect Robert Scarano charging they illegally plan to use rooftop space from neighborhood buildings in their calculations for the Finger’s open space requirements. The implications of the ruling seem to be that the city is going to let the building stand at 10 stories no matter what (despite urgings from community members that it be chopped to half its size to comply with the area’s current zoning), and that Brach will be allowed to build to 16 stories if he wins the lawsuit that’s been brought against him. Unsurprisingly, Finger foes weren’t thrilled with the decision. An email sent out by neighborhood activist Philip DePaolo said the BSA based its ruling on a letter from the DOB that wasn’t signed by Brooklyn Borough Commissioner Magdi Mossad and that the city should have waited for the open space issues to be hashed out in court. Our take? The BSA is known for ruling with city agencies oh, basically all the time, so the decision isn’t shocking given that the DOB green-lighted the development. DePaolo ends his email by noting that “the fight is not over!” We bet it isn’t.
CB1 Meeting: Finger Fireworks, Sewage and Bike Racks [Brownstoner]
Amputation in Finger's Future? [Brownstoner]
Developer of Finger Building Denied by Judge [Brownstoner]
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Comments
Am I missing something here? the permits that were issued when construction began, were in compliance with the zoning rules then, so now, because the building has been mired in litigation, "activists" want to take it down to the current zoning? do they have any rational to this demand?
Had the building run into another problem, like a fire etc., that would halt construction, will they "demand" the same?
It seems like a desperate attempt to just try and ruin a project by a developer that was not welcome by some in the neighborhood to begin with-the reasons for that you go figure- and that doesn't smell good.
Posted by: mench at December 12, 2007 9:51 AM
Let me understand this correctly: the current permits for a 16 story building are renewed by the BSA via a thumbs up from the DOB. IF the litigation goes Brach's way, the area's screwed again with an illegal building, depending on your POV about the whole thing.
If it goes Spector's way, we still have an illegal 10-story building. Why you ask? Simple: a 10 story structure would require a much smaller foot print at this size OR at this height/bulk, there would be serious open space issues with the zoning, needing further set backs, etc.
Basically a redesign of the building from scratch.
What is DOB thinking. If it's a 16 story building, fine. Wait till litigation is completed. What it's not is a legal and permissible 10 story building under the code.
Perhaps the NYDN would like to take DOB again (and the BSA for that matter) on this cluster-f*ck.
Can the real Finger building please stand up?
Posted by: Action Jackson at December 12, 2007 9:56 AM
I think that you are missing something here.
The zoning allowed for the building to be to 16 stories, had Brach acquired the air rights from Specter, if not, then it can only be 10 stories, so the issue of the additional 6 stories is still in court, but that has nothing to do with the current 10 stories.
That's the story to my knowledge, if you "know" otherwise, correct me.
Posted by: mench at December 12, 2007 10:03 AM
mench,
The building envelope for a 10 story building looks like NOTHING what's the current Finger building (pictured above), which was drawn and built for 16 stories, now stopped at 10. Bulk, set-backs, etc. would be very different.
Apples and oranges.
Posted by: Action Jackson at December 12, 2007 10:07 AM
If you wanna kill a building that you don't like the looks of it, then get in line, but I'm telling it's a long, very long line.
Posted by: mench at December 12, 2007 10:09 AM
after all this scandal, who is gonna line up to live in this pos???
Posted by: guest at December 12, 2007 10:19 AM
yea, what you are missing is the breakneck continual illegal after hours and weekend work that was done in front of an impotent DOB to get the foundation poured, as chronicled by many in the neiborhood, just before the zoning changes occured.
So you now want to a to somehow secure legitmacy and get grandfathered in (i.e. be protected by the law) based on your breaking the law to comply.
Sure, thats fair.
Posted by: guest at December 12, 2007 10:23 AM
How is it illegal to pour a foundation before the new zoning rules get in affect?
Posted by: mench at December 12, 2007 10:28 AM
Despite all this whining, this building will be home to dozens of happy citizens.
Not only that, life will go on and in a few years no one will think twice about this building other than said happy residents.
I tell you, the NIMBY slobs on this site are just shockingly insular in their mindset. Once again, they prove to us their own selfish desires are the only creed by which they live and they have no respect for the rule of law or the well being of their fellow citizens.
Posted by: Polemicist at December 12, 2007 10:35 AM
Here's my take (as an uninvolved observer - obviously a close observer):
1. What was vested did not comply with the zoning at the time, because Brach did not have the required open space. After neighbors challenged the original plans, DOB allowed a significant redesign after the fact in order to be able to say that the building complied. So Brach's foundation was not for a legal (16 story) building, but it was vested anyhow.
2. It was only when Specter, the development partner, sued over the use of his other roofs for open space that DOB stopped work, and then only above the 10th floor.
3. Meanwhile, neighbors have been trying to sue for years now over issue #1. But they can't bring their case before BSA until DOB issues a "final determination". But that final determination has to come from the Borough commissioner, who has refused to sign that piece of paper.
4. Through all of this, Brach has been allowed by DOB to build up to 10 stories under the grandfathered permit. That permit expired in May, 2007 and could not be renewed by DOB because the building does not comply with the current (re)zoning.
5. In order to renew his permit, Brach had to apply to BSA. When neighbors went to BSA and raised issues about the validity of the underlying permit, Brach got a letter from DOB determining that the original (16 story) permit was valid.
6. Based on that determination from DOB, BSA approved an extension of the permit for the 16-story building (though because of litigation, Brach is still restricted to 10 stories).
7. DOB's letter to BSA does not constitute a "final determination" because it was not signed by the Borough commissioner. Therefore, the neighbors (see #3, above) still cannot bring a suit at BSA to challenge the validity of the original permit.
So - Brach is allowed to continue building a 10-story building, and, pending litigation, may be able to go as high as 16 stories. Neighbors want to challenge the original vesting/permit, but can't do so until DOB issues a final determination. DOB won't issue a final determination to allow the neighbors to sue, but will issue a kinda-sorta final determination to allow BSA to renew the original permit.
DOB really isn't helping their image this week.
Posted by: WBer at December 12, 2007 10:47 AM
The BSA is incredibly biased towards developers. Christopher Collins (the Vice-Chair), in particular is awful.
Posted by: guest at December 12, 2007 10:52 AM
Mench, again, you misunderstand...
"If you wanna kill a building that you don't like the looks of it, then get in line, but I'm telling it's a long, very long line."
It has NOTHING to do with aesthetics (or rather, that's not where I am coming from). The building, under R6 or R6B (whichever camp you are in) is not complaint as a 10 story structure. Period, end of story.
DOB's asessment is to cover their butts and completely gray pending the income of the civil suit. If Spector wins, we now have a non-complaint R6 building...which technically should be torn down, redrawn and rebuilt a s a proper R6 10 story building. If that's the way the chips fly.
Other than that, you are correct, I think it's another Scarano POS, whether it be 10 or 16 stories. But what's new.
Posted by: Action Jackson at December 12, 2007 1:42 PM
10:35am
you are right
not sure why anyone cares about this even a little bit.
they'll be nice new apts for people to live in who no doubt work in manhattan and want to get to their jobs with a quick and reasonable commute.
meanwhile, that area of williamsburg is extremely easy to live in. near all shopping and restaurants and a quick walk to the park.
scarano does do some really nice buildings.
think much of the outcome depends on the developer.
realize that some bldgs turn out better than others.
Posted by: guest at December 12, 2007 4:06 PM
its illegal to be pouring foundations during hours and days when you aren't allowed to be working (i.e. pouring foundations). Would you like me to flush your toilet for you and explain how to open the door as well?
illegal out of hours pouring of foundation = not legal pouring of foundation. geddit?
Posted by: guest at December 12, 2007 6:03 PM
Action J,
It is you that has made assumptions, not Mench, and you're wrong on the facts. If the building is to remain as is (10 story), the envelope does comply under R6 in every aspect, bulk, sky exposure, etc.
What I'm saying is, I've seen the building plans, and they would comply. Have you seen them? Are you just sitting out there and guessing? Why do you think the DOB allowed construction up to 10 Stories? Why not 9? Or 11? There are reasons behind decisions made by DOB and BSA, its no secret, you're just not aware of everything.
This legal battle between Spector and the developer was always about open space (The disputed rooftops on top of Planet Thai), not FAR. If Spector were to win, that still leaves enough open space to have the building remain the way it is.
Bottom Line, the 10 stories comply 100 percent. And I’m in the R6 camp, in case you haven’t noticed.
Period. End of story...
It has nothing to do with aesthetics, and has everything to do with NIMBY'ism, seller’s remorse, Phil D. just being Phil D., and bored haters who are against anything and everything. Illegal foundation work... you gotta be kidding. False complaints to 311 on a daily basis, completely “legal”, cause it just might slow the developer down and he won’t be able to grandfather, owner filing for variance for weekend work - variances were issued throughout summer of 2004 and winter of 2005 on dozens of occasions, “illegal”...
Posted by: guest at December 12, 2007 8:22 PM
Action jackson,etc,
Scott Rectum the lying SOB knew from the beginning that all his roofs were part of the required open space for the project to be that tall because HE STARTED the job with Scarano before selling it to Brach.
Philip DiCRYola is a very sad, twisted and confused man that will end up alone and pennyless after spending his whole life chasing the wrong prize.
144 North 8th street will be built all 18 stories of it........WATCH and see.
Posted by: guest at December 12, 2007 10:44 PM
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