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September 23, 2009

A Curb Cut on Landmarked St. Marks Avenue? Really?

97-St-Marks-Avenue-0909.jpg
See this beautiful brownstone front yard at 97 St. Marks Avenue? Better enjoy it while you can, because the owner is getting ready to demolish it to create a driveway and garage despite the recent landmarking of Prospect Heights, according to a tipster and DOB filings. How could this happen? We're not quite sure, but here's the initial permit where it mentions converting a portion of the ground floor into a garage and here's an amendment for the curb cut. The whole thing is eerily reminiscent of what happened at 174 Clinton Avenue a couple of years ago. The icing on the cake, according to a Forum post yesterday, is that the owner's kicking out the old lady who sold him the house but continued to live in the garden apartment in order to do it. We'll get back to you with what Landmarks has to say. Let's hope this is all a big misunderstanding! Update: LPC confirms that they have no record of any applications for Landmark approval at this address. GMAP




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Comments

This is horrible! Since when is it our business to gang up on someone and tell them what they can or can't do to their property??

Regardless or how you feel about the proposed work, and my answer to that may surprise you, the day the General Public has dominion over private landowners is the day I join the underground.

BTW I originally thought this curb cut was for better handicapped access.

Posted by: infinitejester at September 23, 2009 10:34 AM

I can't believe it will happen. If it ever does, this has to go all the way to the NY Times to expose the lunacy of LPC & DOB. People should actually lose their jobs over it.

Let's look on propertyshark to see who the owner is.

Posted by: daveinbedstuy at September 23, 2009 10:35 AM

hmmmm....sounds like something I would do.
I'd much rather have a garage than a front garden.

Posted by: the chicken at September 23, 2009 10:39 AM

Now, if this curb cut is to allow for a floor-through ensuite master bath, with lap pool and sauna, that's okay. But a garage?

"Since when is it our business to gang up on someone and tell them what they can or can't do to their property??"

Since they bought an historic home in an historic neighborhood. "Property rights" are outwieghed by community rights.

Posted by: shillstoner at September 23, 2009 10:39 AM

owner is some quite successful decorative artist. A most arrogant self-involved group if ever was one.

Posted by: Petebklyn at September 23, 2009 10:41 AM

Robert Moses Jr.

Posted by: ftgreenepark at September 23, 2009 10:44 AM

"decorative artists" are not real artists.

Posted by: daveinbedstuy at September 23, 2009 10:44 AM

It would be a shame to destroy the front of the house and what looks like an original fence.
How is the curb cut legal? Does DOT have to sign off on such things?

Posted by: PHfamily at September 23, 2009 10:44 AM

A complaint has already been filed as per the DOB site.

Posted by: daveinbedstuy at September 23, 2009 10:46 AM

Jester, you live in a city that has adopted extensive regulation of what individual owners can do with their property. The properly raised question here is whether those laws and regulations permit a curb cut and front yard parking here. Interesting to note that the application indicated that the area was subject to landmarking restrictions. If City regs allow new front yard parking and new curb cuts, and if such is not barred at this location by landmarks protection, then all that those of us who think this is bad can do is bemoan the aesthetics. But if the permit was issued in error, then the "general public" has every right to explore the issue. Imagine teh enxt door neighbor, who bought into the area precisely because the laws protected a certain aesthetic that the neighbor liked. That neighbor would have a real interest in making sure that an illegal curb cut -- if it is illegal -- didn't happen.

Posted by: slopefarm at September 23, 2009 10:47 AM

Is this area Prospect Heights? I thought that side of Flatbush was Patk Slope?
In any case, how can LPC approve a garage/curb cut in a landmarked area? It seems counter to their mission. The reason 174 Clinton got butchered is because it was outside of the LPC area.

Posted by: Maly at September 23, 2009 10:48 AM

" the day the General Public has dominion over private landowners is the day I join the underground"

I hate to be the bearer of bad news, but you'd better start packing your balaclava. There are all sorts of restrictions that are in place even in non-landmarked areas.

Posted by: dittoburg at September 23, 2009 10:49 AM

In the suburbs and in communities all over the country the town or local boards make up standards for property upkeep because it keeps up the value of the neighborhood. My brother was once reported to the board by a neighbor for having grass that was 8 inches high, not the mandated 6. Now that's insanity. But more to the point, you own your house, NYC still owns the actual land and a curb cut cuts into public property. It also takes away street parking- so will this homeowner pay the city for the special privilege of taking public property for his own use?

It's all well and good to talk about letting a property owner do whatever he wants- its a nice captialist idea but the reality is we don't live in vacuums. We live in communities and we all have compromises to make in order to do so.

And lastly- he's breaking the law. That's nothing to support.

Posted by: bxgrl at September 23, 2009 10:51 AM

A lot of hating going on, but where is this DA going to put his mini and all the craft paper he buys at Michaels.

Posted by: DeLepp at September 23, 2009 10:51 AM

And jester, ecery city or town throughout the US that has any stock of historic housing has similar rules in place.

Posted by: daveinbedstuy at September 23, 2009 10:52 AM

I really hate this.. I use to live on this block and I believe these people are somewhat new to the block. This is really really bad I am so disappointed.

Posted by: Amzi Hill at September 23, 2009 10:53 AM

As I mentioned on the forum post about this topic, Prospect Hts has been calendared for quite some time, even though it was landmarked about six months ago, and formally voted on by the city council only last week or so. That info is supposed to be on the DOB site, so that any permits filed should have been red flagged and passed along to LPC. This should not have happened.

Gotta agree with shillstoner on this one. The community supersedes the individual in this case. Landmarking has to have some teeth, or why bother?

Posted by: Montrose Morris at September 23, 2009 10:53 AM

Curb cuts are not legal in the R6B zoning district for lots under 40' wide. This has been the case since contextual zoning rules were adopted in the late 1980's. The permit should not have been issued without going through the Board of Standards and Appeals. Seems like a simple matter of complying with the law.

Posted by: architect66 at September 23, 2009 10:53 AM

brownstoner's map button show wrong block, so yes it is Prospect HTs... And even if Park Slope not much of Park Slope is historic district.

I could never figure where/when/who can get curb cuts. I'm not historic district. Could I get one? (not that I plan on it).

Posted by: Petebklyn at September 23, 2009 10:54 AM

Michaels Stores are bankrupt, DeLepp. Not enough people buying Christopher Lowell type decorative artist aideas anymore with the downturn.

Posted by: daveinbedstuy at September 23, 2009 10:54 AM

im of the mindset that you need to MYOB.

*rob*

Posted by: Butterfly at September 23, 2009 10:55 AM

This block of Prospect Heights just got landmarked so no doubt civic organizations and neighbors will be all over this. And Patti Hagan lives on this block, so look out!!!

Posted by: grand army at September 23, 2009 10:55 AM

What's with all the fussing.

The DOB permit was filed on 10/16/08. LPC had their first hearing on 10/28/08.

Posted by: Colonel Steve Austin at September 23, 2009 10:55 AM

dibs, CL gives me the creeps. Always thought he was going to reach through the tv and feel me up.

Posted by: DeLepp at September 23, 2009 10:56 AM

has anyoen actually seen the "approved" plans?

Posted by: jp2 at September 23, 2009 10:57 AM

im of the mindset that you need to MYOB.

*rob*


Posted by: Butterfly at September 23, 2009 10:55 AM


ROTFLMMFAO. This is New York City.

Posted by: daveinbedstuy at September 23, 2009 11:00 AM

"has anyoen actually seen the "approved" plans?"

Let's not let the facts get in the way of our discussion, jp2! ; )

Posted by: cobblehiller at September 23, 2009 11:01 AM

As much as I would hate to see that yard gone and an ugly curb cut put in I have to agree with Infinite Jester on this. Its horrible to have us jokers opining about what the owner can and can't do to his/her property. As someone who has been hounded by DOB for trying to improve my house, I know first hand the kind of hell one can get into with the highly corrupt and arbitrary housing courts. I hope that there is some sort of solution to this issue that doesn't involve this website getting this guy/gal busted.

Posted by: wasder at September 23, 2009 11:08 AM

She's hot. Stop sippin the haterade PHfamily. ;)

Posted by: dirty_hipster at September 23, 2009 11:08 AM

yeah dibs, i KNOW this is NYC and stuff, but i always figured it was the kind of place where people dont act like nannies tattling on each other and stuff. shrug. what do i know i guess. maybe the MYOB mentality is just a jersey thing?

*rob*

Posted by: Butterfly at September 23, 2009 11:08 AM

Rob has better wigs.

Posted by: Arkady at September 23, 2009 11:08 AM

I just added her as a friend.

Posted by: Expert Textpert at September 23, 2009 11:09 AM

LOL, PHFamily...we should deluge her facebook as "friends."

Posted by: daveinbedstuy at September 23, 2009 11:10 AM

ok guys - lets unbunch our panties - as per the "update" above - the LPC doesn't have any applications for landmark approval at this address.

Posted by: dirty_hipster at September 23, 2009 11:11 AM

While the refresher on the rationale for historic districts is illuminating, and although I'm super tempted to destroy the 2 or 3 really badly written responses, I STILL think what I thought upon first viewing: it is not appropriate for the call to arms to go out to "get" this person.

I am raising a larger point and do not care to locate it only on this house, just to use the house as an entryway for my point. Which is: everyone has an issue that ticks them off - before thinking you'd be so law-abiding or wouldn't try to work the system for yourself if you found yourself in a comparable situation, think again.

Posted by: infinitejester at September 23, 2009 11:12 AM

granted people can google and find out the information easily, but i think posting the person's facebook link is out of bounds. uncool.

Posted by: CG_ups at September 23, 2009 11:12 AM

WOW just WOW. now you people are drilling the owner on Facebook? please... find a hobby

*rob*

Posted by: Butterfly at September 23, 2009 11:13 AM

The permit was issued on 9/21/09.
How did they get around landmarking????

Posted by: Expert Textpert at September 23, 2009 11:13 AM

touche cobblehiller

Posted by: jp2 at September 23, 2009 11:14 AM

Let me clarify my position. I fully support following zoning/planning laws and am appreciative of the landmarking process for historic housing stock. However, as someone who was turned into DOB by a neighbor, I am also highly sensitive to the notion that one can have one's life turned upside down by a phone call and wouldn't wish that on anyone. If they have an accepted permit from DOB why are we saying that they can't do what they want?

Posted by: wasder at September 23, 2009 11:14 AM

"LOL, PHFamily...we should deluge her facebook as "friends."

No, DIBS, we should NOT. Cripes, this really is some sort of weird creepy mob mentality.

This is a Private person doing something with there home. They bought it, they will have to file permits, etc. and will likely get busted if they screw up/break rules. They don't need us hounding them on a public forum. I draw the line here.

Posted by: cobblehiller at September 23, 2009 11:14 AM

Having been subject to the whims of City restrictions myself, I think it's only just that others are too. Out-of-towners often comment that NYC's draconian laws turn "a man's home is his castle" into a joke but it's the law & we all must abide by it.

Posted by: Arkady at September 23, 2009 11:15 AM

I thought the block was landmarked last week as per discussion above and yesterday. I checked the DOB website and it does not say Landmarked or Calandered.

It would still be a sin to let this happen.

What are the facts here???? architect666 states above that the curb cut is not allowed landmarked or not.

Posted by: daveinbedstuy at September 23, 2009 11:16 AM

Colonel Steve,

The question -- and I don't know the answer -- is whether the permit was issued for something that is not actually allowed and therefore issued in error, or whether, even if not allowed, this is an exception made for legitimate reasons.

LPC is one avenue to check on this. No harm in going right to DOB borough office and asking questions, as well as checking in with local CB for info and guidance.

Posted by: slopefarm at September 23, 2009 11:18 AM

Colonel Steve,

The question -- and I don't know the answer -- is whether the permit was issued for something that is not actually allowed and therefore issued in error, or whether, even if not allowed, this is an exception made for legitimate reasons.

LPC is one avenue to check on this. No harm in going right to DOB borough office and asking questions, as well as checking in with local CB for info and guidance.

Posted by: slopefarm at September 23, 2009 11:18 AM

dontcha think getting a curb cut for a century old house is like circumcising a mature man? Like really not a nice thing.

Posted by: Petebklyn at September 23, 2009 11:18 AM

The post including her facebook page should be scrubbed. Stat. This thread got really gross really fast.

Posted by: InsertSnappyNameHere at September 23, 2009 11:19 AM

"If they have an accepted permit from DOB why are we saying that they can't do what they want?"

This house in a Landmarked area. They are also required to obtain a Landmark's permit BEFORE a DOB permit. You can't even file a job with DOB without that Landmark Permit. I don't know how they got around that?

Posted by: Expert Textpert at September 23, 2009 11:19 AM

I also think posting the facebook link was very uncool and this is no place to expose someone to attacks and tirades. I am going to ask Jon to remove it. I may not like what they're doing, but there are legal ways to deal with it. I also don't see the necessity of putting the actual address in the initial post. That's really unnecessary- I may not agree with what this person is doing but I don't think she deserves this.

Posted by: bxgrl at September 23, 2009 11:20 AM

Colonel, the filing for the curb cut was on 7/23/09; permit issued on 9/21/09

When did this block get landmarked?

Posted by: Expert Textpert at September 23, 2009 11:23 AM

I think was not yet landmarked when application made. But wonder what is the loophole even in not landmarked area they are trying to work here.

Posted by: Petebklyn at September 23, 2009 11:23 AM

"I don't know how they got around that?"

Kudos to them I say! The update makes me question the facts, but originally saw this as a skilled maneuvering of a homeowner's interests through a maze of bureacracy. She bought in a landmarked home people, I doubt she's going to go too garish. There is a lovely home with a garage on Sterling Pl and 6th - garages are not always bad.

Owner, if you're reading this, forget us. We are idiots.

Posted by: infinitejester at September 23, 2009 11:25 AM

I tend to agree with jester and wasder on this one.
There are two issues: 1) is the proposal allowed under LPC / DOB regulations and 2) if so is it right for people to 'go after' the owner on the web in order to humiliate her into dropping them.
If the plans are not allowable, that's the end of the story - nothing to debate. If they are, then the focus should probably be on improving the regulations so that this does not happen in future.
Has the tipster tried talking to the owner? For what it's worth, the proposals sound hideous and it would be a real shame if they go ahead. But I think the privacy of individual owners is a more important issue.

Posted by: etson at September 23, 2009 11:26 AM

Sorry to offend. When you make yourself public (ie. Facebook), you make yourself public. Not sure what I did was any worse than a blog posting all information regarding the permits which lists the home owner’s name.
I googled the owner more out of curiosity about the decorative artist component, but facebook was all I found…
Anyway, the curb cut is a terrible thing....

Posted by: PHfamily at September 23, 2009 11:26 AM

Textpert, the original plan was filed before PH landmarking was even calendered. Additionally, the curb cut was approved on 9/21, the same day that the curb cut was approved.

Why would the homeowner need LPC approval for something they didn't have jurisdiction over until the 9/21?

Posted by: Colonel Steve Austin at September 23, 2009 11:27 AM

Curb cuts are not legal in the R6B zoning district for lots under 40' wide. This has been the case since contextual zoning rules were adopted in the late 1980's. The permit should not have been issued without going through the Board of Standards and Appeals. Seems like a simple matter of complying with the law.


Posted by: architect66 at September 23, 2009 10:53 AM


Can anyone else confirm this??? If so it is illegal.

Posted by: daveinbedstuy at September 23, 2009 11:28 AM

If the proposal is allowed, the irony for this "best preserved example" . . . http://www.nyc.gov/html/lpc/downloads/pdf/sig/prospect_heights_Sig.pdf

Posted by: PHer at September 23, 2009 11:32 AM

Colonel, the only filing I see for a curb cut is the one on 7/23/09. All other filings are for interior work with one exception for a rear porch.

I'm confused, so when did this block get landmarked?

Posted by: Expert Textpert at September 23, 2009 11:34 AM

Section 25-633 of the Zoning law states:

Prohibition of curb cuts in certain districts
R4B R5B R6B R7B R8B
In the districts indicated, curb cuts are prohibited for
residential developments on zoning lots having a width of less than 40 feet along a street and existing on the effective date of establishing such district on the zoning maps.

This block of St. Mark's Avenue is entirely R6B I believe.

As DIBS says, it would be a sin. Does anyone know what are the legal remedies that neighbors can take if DOB improperly issued the permit? Do you have to file something administratively with DOB, or do you need to (or should) file an Article 78 type proceeding in state court?

Posted by: Boerumresident at September 23, 2009 11:36 AM

ok, so to recap:

1. this may violate general zoning laws that do not allow curb cuts for rowhouses less than 40 feet wide; and

2. this likely violates landmarking restrictions since prospect heights was calendared for landmarking in july 2008, before any dob application to perform this work was filed.

Posted by: z at September 23, 2009 11:38 AM

I just don't think this public "hanging" is the way to address an issue like this. If they just started doing this with no permit trail whatsoever then yes. But here they are at least trying to comply with one version of the law by having a permit. As someone else says above why shouldn't the tipster first at least reach out personally and try to find out the intentions of the owner before resorting to this sort of step?

Posted by: wasder at September 23, 2009 11:39 AM

Landmarking was calendared on July 15th 2008. Once Landmarking has been calendared you need to go through the motions of LPC even if the area hasn't been formally granted LPC status....at least that was the impression I have from all of the LPC material I have read.

Posted by: PHfamily at September 23, 2009 11:39 AM

The block was landmarked on 9/21... The same day all the owners stuff was approved.

Posted by: Colonel Steve Austin at September 23, 2009 11:39 AM

Thanks Boerumresident. Like I said in my first post I would be very surprised if this proceeds. I'm sure the neighbors are all over it and I see that a complaint was filed with the DOB just yesterday I believe.

Posted by: daveinbedstuy at September 23, 2009 11:40 AM

What about the elderly woman who sold the current owner the house?

Is she being forced out, or is it a friendly move?

Posted by: snowboardqueen at September 23, 2009 11:40 AM

It's not right for the neighbors to go after her on the web. No way, no how. If there is a disagreement about the curb cut, they should have kept it amongst themselves.

That said, likely DOB made an error in approving it and the curb cut shouldn't be allowed. Just reiterating my initial point- the front yard may be hers- the sidewalk and street aren't. Therefore the community does have a right to say something. But they should do it like adults.

Posted by: bxgrl at September 23, 2009 11:41 AM

"I just don't think this public "hanging" is the way to address an issue like this."

Thank you, voice of reason, wasder!

Posted by: cobblehiller at September 23, 2009 11:43 AM

If the DOB did in fact erroneously issue the permit, can they rescind it?

Posted by: InsertSnappyNameHere at September 23, 2009 11:43 AM

I agree somewhat with what Wasder et al. are saying....but
does not seem that getting a curb cut in this location
(and this has nothing to do with landmarking) is allowed.
So when someone does get this thru - we do question seriously on how this happened. We certainly know that some DOB employees have been open to bribery, people with political inside contacts get 'wavers' that us oridinary schmucks dont, so when we smell something fishy - we don't have to say -oh well,,,musta be just honky dory legally.

Posted by: Petebklyn at September 23, 2009 11:46 AM

Thanks Colonel for the date.

I also thought that once a block is calendared, you'd have to go through LPC.
This will be interesting to see how this plays out, and not on this blog.

Posted by: Expert Textpert at September 23, 2009 11:47 AM

PHer, terrific catch! for those who didn't open the PDF, it's the lpc's overview of the prospect heights historic district, which cites this property as the "best preserved example" of one of the neighborhood's architectural styles. the whole purpose of landmarking was to prevent a building like this from being mangled.

Posted by: z at September 23, 2009 11:47 AM

If DOB made an error then we should be taking our ire out on them not on the owner who filed.

Posted by: wasder at September 23, 2009 11:47 AM

With the filing, it listed the architects and the engineers. I believe we should be taking it out on them in addition to the DOB.

Perhaps they sold the owner a bill of goods. They certainly seemed to have misadvised her, knowingly or not but it is their job to know.

Posted by: daveinbedstuy at September 23, 2009 11:49 AM

How much did she shell out to the architects for the curb cut & garage plans when they didn't know the zoning issues????

Posted by: daveinbedstuy at September 23, 2009 11:50 AM

IMHO, regardless of whether you're in the pro-curb cut or anti-curb cut camp, the pitchforks and torches are uncalled for. At this point, the owner will have to enter Witness Protection.

Posted by: CarrollGardened at September 23, 2009 11:55 AM

Wasder -- If there is actual malfeasance at DOB (as opposed to stupidity or reckless indifference to the zoning laws), that usually requires someone on the outside making it happen. That is going to be either an expediter (who may have done so with the express or tacit approval of the owner) or the filer themselves.

To the posters more familiar with LPC issues -- what does it mean for LPC having to "review" changes after it is calendared? Not to be overly semantic, but that's not the same as "approve" changes.

Posted by: Boerumresident at September 23, 2009 11:56 AM

As others have noted, LPC calendaring should trigger a review. However, as I understand it, LPC approval is not REQUIRED until the designation is actually approved by the City Council. Prior to Council approval, LPC has 40 days to weigh in on an application. In other words, calendaring cannot hold up an application indefinitely. Usually, if LPC doesn't like a proposal they will meet with the owner and try to negotiate something, or, if they want to play hardball, push the designation forward (which is not feasible for a large district designation like PH).

What is interesting about this case is that the 40 day review is listed as a required item for the Alt-1 application (for the garage, etc.) but it was waived - was it waived by DOB or by LPC? BIS doesn't say.

Also of interest, LPC review is NOT listed as one of the required items for the curb cut. So LPC never got a bite at that apple, and may not have gotten a bite at the Alt-1 either.

The 40-day rule also explains why LPC doesn't have an application - prior to designation, there is not an application process. It is possible that LPC knew about this Alt-1 application and didn't do anything; it is also possible that LPC never knew about it. But either way there would not be an LPC "application" on file.

Also, when did City Council approve the designation? I have seen that they were expected to approve on 9/17 and that the actual approval was 9/21. That timing makes a difference for the curb cut. If designation was approved on 9/17, LPC can have DOB pull the curb cut permit (but not the Alt-1). Which would leave the owner with a grandfathered garage but no driveway.

Posted by: WBer at September 23, 2009 12:10 PM

Can you grandfather in a permit? I thought you can only grandfather in existing conditions. Anyone know?

Posted by: Montrose Morris at September 23, 2009 12:19 PM

If you have a DOB permit prior to designation, it is grandfathered. If you apply for the permit after calendaring but before designation, there is a 40-day LPC review. Once that review is done (or, in this case, waived), the permit is valid and grandfathered.

With regard to all the blame slinging, I think it's worth backing off until the actual facts are known. While we might not like curb cuts and garages on historic brownstones, the owner was within his rights to apply for this. This is not the case of an owner desecrating a landmark, but rather one of an owner desecrating a POTENTIAL landmark - and legally, at least, there is a difference.

If DOB or LPC dropped the ball (either of which is likely), or something more nefarious happened (less likely, IMHO), then let the poo fly.

Posted by: WBer at September 23, 2009 12:24 PM

It is this person'd home and property, right?

Like, they own it, right?

As in, not yours?

Posted by: Lo Kee at September 23, 2009 12:30 PM

LPC trumps DOB. That's how the system works. The calendering debate aside, the more salient issue seems to be whether the pernmit was issued correctly in the first place. I would hope as soon as this comes to LPC's attention, they will step in and have it pulled.

Posted by: grand army at September 23, 2009 12:30 PM

could we know identity and address of the neighbor who squealed?

Posted by: more4less at September 23, 2009 12:37 PM

Again....

Section 25-633 of the Zoning law states:

Prohibition of curb cuts in certain districts
R4B R5B R6B R7B R8B
In the districts indicated, curb cuts are prohibited for
residential developments on zoning lots having a width of less than 40 feet along a street and existing on the effective date of establishing such district on the zoning maps.

AS PER PROPERTYSHARK, THIS HOUSE IS ZONED R6B.

Posted by: daveinbedstuy at September 23, 2009 12:37 PM

Also as per the city zoning map:

http://www.nyc.gov/html/dcp/pdf/zone/map16c.pdf

(yes, I know it's not the official record -- only the actual resolution, but this is a lot easier to find.)

Posted by: Boerumresident at September 23, 2009 12:40 PM

This thread has a bit of a "Burn the witch! Burn her!"quality to it, but I would like to remind all the "it's their house" individualists out there that the beauty of the US system is not that it is a free-for-all for individuals, but that we have a participatory and fair rule of law. So, in this instance, it would be deucedly unfair if the neighbors ganged up on this person, while everyone else on the block got to install Ferris wheels in the front yards, but it is eminently fair that all have to respect the same rules, agreed upon by a majority of the stakeholders.
The owner is a designer, she has an architect and an expediter. Did they all move in from Arizona yesterday? Or did they try to pull a fast one? I think it's pretty obvious, and it explains the witch hunt tone.

Posted by: Maly at September 23, 2009 12:42 PM

m4L -- Why do you use the term squealed? There's no ethical or moral issue used in drawing attention to the DOB permit being issued.

Posted by: Boerumresident at September 23, 2009 12:44 PM

If the DOB permit predates the landmarking it is grandfathered. This happens often in new districts. Owners are smart they know to pull the DOB permits prior to the new rules going into effect.
With a DOB permit that predates the Landmarks Commission's jurisdiction, I think the owner is free to do the work. The LPC can't fight a valid permit issued prior to designation.
And I do not believe the DOB can rescind a legally issued permit.

Posted by: Minard Lafever at September 23, 2009 12:47 PM

m4L -- Why do you use the term squealed? There's no ethical or moral issue used in drawing attention to the DOB permit being issued.

Posted by: Boerumresident at September 23, 2009 12:44 PM

cause that matches the hate toward this owner plus as others pointed out the neighbor squealed to this blog to try to embarass this owner. if throwing loosely ugly labels to this homeowner is fine then so too is a label thrown that neighbor's way

Posted by: more4less at September 23, 2009 12:51 PM

If the DOB permit predates the landmarking it is grandfathered. This happens often in new districts. Owners are smart they know to pull the DOB permits prior to the new rules going into effect.
With a DOB permit that predates the Landmarks Commission's jurisdiction, I think the owner is free to do the work. The LPC can't fight a valid permit issued prior to designation.
And I do not believe the DOB can rescind a legally issued permit.


Posted by: Minard Lafever at September 23, 2009 12:47 PM


YOU ARE ALL MISSING THE OBVIOUS ZONING VIOLATION.

Posted by: daveinbedstuy at September 23, 2009 12:54 PM

The plans were not necessarily made by Arizonans - a house on my block got approval for at least 3 things that have since been stopped on LPC. Maybe architects, etc. rely on mistakes by DOB & indolence/indifference on the part of neighbors.

Posted by: Arkady at September 23, 2009 12:56 PM

DIBS - not missing the zoning issue - Minard and I were addressing the LPC issue that others raised. If the permit was issued legally, DOB can't pull it. If it turns out that the zoning does not allow a curb cut, garage, whatever, then the permit might be invalidated.

Grand Army - LPC does not trump DOB. If the permit was issued prior to designation, and LPC had their 40-day to review, LPC can't have it pulled. It appears, though, that at least in the case of the curb cut application, LPC did NOT have their 40 days. So that might be cause for invalidating that permit (zoning issues aside).

Posted by: WBer at September 23, 2009 1:01 PM

Just walked over there on my lunch break, there is a construction trailer and fencing set up.

Posted by: infinitejester at September 23, 2009 1:03 PM

Ok...then, in light of Dave's posts regarding the zoning violation, I ask my question again. If the DOB erroneously issued the permit, can they rescind it?

Posted by: InsertSnappyNameHere at September 23, 2009 1:03 PM

Arkady, it was a rethorical question. I know they didn't just fly in from Arizona, that was the point. It's pretty obvious they were trying to pull a fast one. Now it will depend on the neighbors' level of ire. With a bit of juice, the DOB will backtrack in a nano-second.

Posted by: Maly at September 23, 2009 1:07 PM

If there's a construction site being set up, it would seem that the neighbors who are concerned might need to step on it to halt the construction. Although sometimes things can be forced back the way they were, it's not always the case.

Again, the question is how does this need to move procedurally. It seems there are enough facts to eestablish that DOB improperly issued the permit. How do you go about stopping action taken on an improperly issued permit?

Posted by: Boerumresident at September 23, 2009 1:09 PM

Lo Kee, if you think that once you've bought a property you can ignore the laws pertaining to it just go ahead. Try not paying your property tax for two years and see how long your property remains your property.

Posted by: dittoburg at September 23, 2009 1:11 PM

The What has posted select comments from the thread along with some nice editorialization of the posters... can't even come up with his own thread ideas without brownstoner & youtube.

PATHETIC

http://asshathill.blogspot.com/

Posted by: daveinbedstuy at September 23, 2009 1:15 PM

You call 311 and log a complaint, then you follow up with accessing all the political resources available. If the curb cut is illegal, it might be an excellent way to approach the issue.

Posted by: Maly at September 23, 2009 1:17 PM

Hi All
have been off this blog for a couple of weeks but I could not agree more with Wasder,Infinite and Rob

it's sorta like put down the pitchforks folks

As someone who dealt with DOB & DOT to get their driveway grandfathered after getting a dumb violation am very aware that it's not an easy task where those two departments would just readily approve - am sure the owner is within the guidlines that both departments enforce....

Posted by: gemini10 at September 23, 2009 1:25 PM

Please call 311 if you care about this! 311 will respond to a situation much, much faster if they receive calls from several concerned citizens. This way they know it's not just a personal grudge match btw two neighbors. Thanks.

Posted by: grand army at September 23, 2009 1:26 PM

Naturally if the DOB permit is defective it can be rescinded but if it was issued properly, the courts would uphold the right of the owner to use it. I am not familiar with the zoning issue that Dave brings up. In these districts there are certain rstrictions vis a vis curbcuts, they need to be a certain distance from the corner, they can't be near a fire plug, etc etc, but they are not prohibited outright.

Posted by: Minard Lafever at September 23, 2009 1:26 PM

The owner of the building owns the building and maybe even the land on which it stands. They do not own the street where anyone is currently permitted to park their car, nor the sidewalk, both of which will become de facto private property if the curb cut is allowed to proceed. IMHO the laws on curb cuts are perfectly just. The 40' rule effectively means apartment buildings only - probably taking one street parking space and proving six or more off street parking spaces. The developer of the condo where I live (not in this neighborhood) got a curb cut approved for our building, the street lost one space but twenty-four were created off-street.

I dislike taking public land for private use unless there is an overwhelming public benefit (like getting a net twenty-three cars off the street).

Posted by: bohuma at September 23, 2009 1:30 PM

Yeah, let's all call 311 to report a legally-issued permit that we can't interpret correctly. You people ought to be ashamed of yourselves!

Posted by: infinitejester at September 23, 2009 1:50 PM

Just spoke to LPC. Clearly I wasn't the first to call. They are on the case.

Posted by: grand army at September 23, 2009 1:50 PM

I think the owner of this beauty and her architect should be ashamed of themselves. Ain't democracy great? Now let the best lawyer win.

Posted by: Maly at September 23, 2009 1:52 PM

Privacy is also great. Too bad it's not something people here are willing to allow this owner.

Posted by: infinitejester at September 23, 2009 1:55 PM

ok this is scary

Posted by: gemini10 at September 23, 2009 1:56 PM

Yeah gemini, the worst thing is the mob mentality. I can agree that the house would be nicer and the street nicer without the curb cut but the fact that this owner got a permit (no matter how disputed) should protect them from the posse that seems to be gathering here.

Posted by: wasder at September 23, 2009 2:03 PM

And Maly, if you are going to say "Let the best lawyer win" then that shows you recognize my ORIGINAL point, way back when, that this is an admirable and PRIVATE choice of a homeowner to do something.

Not some "historic" argument. Some of you consecrate the word "historic" so as to cheapen its meaning.

Posted by: infinitejester at September 23, 2009 2:03 PM

Wasder - agreed! sure that front yard is super nice, but the owner wants a curbcut for their car.
i think this thread should be removed

I agree - I think it's all pitchfork mania here

Posted by: gemini10 at September 23, 2009 2:06 PM

Soory, What but I'm not going to register. You need to get a big boy's website like Mr. B has, not that crap where I have to register somewhere else to get in

Posted by: daveinbedstuy at September 23, 2009 2:07 PM

dave, are you channeling the departed spirit of The What?

Posted by: Minard Lafever at September 23, 2009 2:11 PM

I wrote to Jon asking him to please remove the actual address too but he refused. I understand its part of the "information" but really- we would have had just as much discussion without knowing the house number anyway. I emailed him further.

Posted by: bxgrl at September 23, 2009 2:13 PM

Bxgrl - cool!

Posted by: gemini10 at September 23, 2009 2:14 PM

New York Zoning Regulations
25-633 -- Prohibition of curb cuts in certain districts

R4B R5B R6B R7B R8B

"In the districts indicated, curb cuts are prohibited for
residential developments on zoning lots having a width of
less than 40 feet along a street and existing on the effective date of establishing such district on the zoning maps."

Posted by: z at September 23, 2009 2:25 PM

IJ, I actually don't think it's a private choice. I do recognize that the preferred way to deal with disagreements is to go through proper channels, like 311, DOB, LPC, writing letters rather than physically confronting the owners/workers, which is why this thread is completely appropriate. The owners gamed the system, they lost because their neighbors care. I guess I feel more empathy for the neighbors than the owners. It would be different if I thought the owners were babes in the woods, or had bought the house already defaced thinking a curb cut was legal.
This is a clear cut case of aggressive flouting of the LPC designation. They deserve all that's coming to them.

Posted by: Maly at September 23, 2009 2:25 PM

Maly--how do we know that the owners gamed the system? I think we know very little if anything about the motivations or tactics of the owner in getting this permit.

Posted by: wasder at September 23, 2009 2:28 PM

The timing says it all. They filed to beat the LPC designation and the fact they got it approved the same day as the official landmarking of the district goes to show they acted in bad faith imo.

Posted by: Maly at September 23, 2009 2:36 PM

I disagree with those that think this is none of our business, the private business of the owner and that the address should be removed.

This is the internet age folks and by definition the free flow of information.

This sort of thing is exactly what this blog should be addressing. if you're not for the preservation of brownstones and the character of the streetview and the neighborhood then maybe this blog isn't for you.

I support Jon 100% in efforts like this.

Posted by: daveinbedstuy at September 23, 2009 2:37 PM

Wasder -- I think reasonable people are allowed to presume that anyone who puts in permit requests while the item is calendared but before approval is doing so to get in front of an actual designation of landmarking to avoid outright denial.

While there's nothing _inherently_ wrong with trying to avoid LPC restrictions, obviously there is a huge difference between trying to avoid a fight over the proper type of windows (a minor LPC issue) and eliminating most the front garden and the appearance of the entire street level appearance of the building.

Posted by: Boerumresident at September 23, 2009 2:39 PM

Maly- we don't know anything for a fact. we don't know how the approval got done, who's responsible or the homeowner's intent. And even if they did game the system (which we don't know) this is a private homeowner. The whole mob attack thing is crazy- she isn't a public figure and it's one thing to have your neighbors pissed at you. It's another to post this on the internet and make her vulnerable to every nutjob and wacko out there. I'm sorry- a curb cut does not mean her life should be exposed or destroyed.

Posted by: bxgrl at September 23, 2009 2:41 PM

I agree its a horrible idea and I am dead set against this but that doesn't mean jon should conduct a witch hunt. Who made him the arbiter of life and wouldn't it be better to wait until we had all the facts, not just a vengeful neighbors take on it? Sorry but Jon shouldn't be using his blog as a personal weapon. It sucks and I hope the homeowner talks to a lawyer. I'm all for freedom of the press and the internet- but not if its going to be used (and has been done in the past) to try to destroy someone over something like this. WOnder how any of us would feel if it were happening to them?

Posted by: bxgrl at September 23, 2009 2:53 PM

bxgirl, this is not a mob attack. This is a thread facilitating the flow of information and opinions on the subject of architecture preservation. This is exactly what belongs on this blog, and the proper way to address this sort of issues.
If the PLUSAs went down with pitchforks, now I would agree with your consideration. I personally can't see Minard or Montrose picketing her house.
Besides, getting your architect to play fast and loose with the DOB can be a bit of a game. You play, you lose, Brownstoner and the LPC think badly of you. The owner's life isn't destroyed. Her reputation as a preservationist might suffer, but then she brought it on herself and presumably didn't care that much in the first place.

Posted by: Maly at September 23, 2009 2:54 PM

In response to some of the questions above, the tenant in the ground floor of this home, who owned the home for more than two decades before that, was instructed to leave against her will, and at present has no place to go. In fact, she only discovered that her apartment was going to be turned into a garage when she returned home after visiting relatives out of state and found that her back patio had been jackhammered into tiny pieces. What a way to break the news.

Posted by: prospect heights renovator at September 23, 2009 2:54 PM

"I guess I feel more empathy for the neighbors than the owners. It would be different if I thought the owners were babes in the woods, or had bought the house already defaced thinking a curb cut was legal."

And I guess my point is that we have not heard from them, to hear their side of the story, only a request for public embarrassment.

Another tenant of the Internet age is that people can't back down without making themselves look silly. I don't think Mr. B should remove the address. I've long said the only person on this blog who I can't figure out is Mr. B: we'll be in the middle of an ontological debate about Brownstoner somewhere in some thread and then he'll post "Third and Bond Week 4,011" or something. He moves on without us, doing his own thing. I have defended Mr. B mostly, I guess here I am holding back from realizing I basically disagree with him because it's a little surprising to me. We should do well to remember that next time - it's always his blog, we just follow it.

Posted by: infinitejester at September 23, 2009 2:58 PM

BTW my comment about the construction site going up was a total joke. Was just trying to get people all worked up, at which point I was going to pretend they had put up a snarky sign in their windows.

Puerile, I know. But like how I set that up? Man I'm good.

Posted by: infinitejester at September 23, 2009 3:00 PM

"Privacy is also great. Too bad it's not something people here are willing to allow this owner."

Infinite, regardless of whether you are for or against a curb cut there is a reason that DOB permits are PUBLICLY available and PUBLICLY posyted, and the reason isn't privacy.

Posted by: dittoburg at September 23, 2009 3:01 PM

"a curb cut does not mean her life should be exposed or destroyed"

hyperbole much? what exactly is being "exposed" about the homeowner, and what aspect of her life is being "destroyed"? except for the facebook stuff (which i agree was dirty pool), this thread is just making people aware of an illegal action that threatens to harm the character of an historic neighborhood. i thought you were down with that sort of thing.

Posted by: z at September 23, 2009 3:02 PM

ditto, you must have missed my 1:50 comment. Public, yes; a call to action for something the experts here can't even agree on, no way.

Posted by: infinitejester at September 23, 2009 3:03 PM

I support this blog's efforts to preserve the character of Brownstone Brooklyn 100% but something about the way this situation went down just strikes me as wrongheaded and Salem Witch-hunty. If I was an immediate neighbor of this house I am sure I would be more up in arms, but I hope that I would at least try to have an upfront discussion with the owner before going nuclear like this.

Posted by: wasder at September 23, 2009 3:03 PM

Maly- are you the ratting neighbor? I'd hate to have you as mine. Or on a jury. There are 2 sides to every story and before we hang someone out to dry I'd like to know all the facts and make an informed decision. As for the tenant- its a little hard to believe they can be summarily kicked out without notice. Sorry but this is NYC after all. This is not the whole story.

Posted by: bxgrl at September 23, 2009 3:05 PM

The owners and the architect do not need to post here to defend themselves. This is not an ad hominem attack on their character. While I think they are jerks, it's really besides the point. For me, the point is to let people know how to approach potential building violations. You don't have to roll over because your neighbor is a jackass, you want to get the city to enforce the rules fairly, to preserve the integrity of your house and your neighborhood.
As to your point about Mr. B not being able to back down, maybe you can consider other options than "he knows I'm right but is afraid to look silly." He might actually disagree with you, and yes, this is blog.

Posted by: Maly at September 23, 2009 3:06 PM

From what I can see, not one person has mentioned the fact that the woman living in the downstairs apartment is getting thrown out. Does anybody care about that? She is the one who sold it to them, with the agreement that she could live there. I happen to know that she had no warning about this. I am disgusted reading all of the comments that only address the legal issues. Whether or not it is legal to change the house, I think it would be a crime to ruin it, but what I find most disturbing is the disregard for this woman's life.

Posted by: two cats at September 23, 2009 3:07 PM

z--it feels to me that people immediately wanted to ascribe the worst possible motives to the owner. And as a resident of NYC I want to trust my neighbors and would hope that they would reach out to me first rather than resort to this sort of public forum to air their grievances. That is my issue with this, not that I like curb cuts or don't care about preservation.

Posted by: wasder at September 23, 2009 3:07 PM

Jester,

Mr. B used to mix it up a bit more with the commentariat. I think if you asked him he would say he posts things for discussion and then lets them take its course. He has a distinctly preservationist view, but he also values the open discussion. He's written as much in the past.

I don't think it is fair to tar this whole thread with the pitchfork accusation. Some have gone that route, some have disagreed on the merits, and some who don't like the curb cut plan have said slow down, get the facts, follow proper channels and don't make it personal.

Posted by: slopefarm at September 23, 2009 3:08 PM

z- let's see- house address posted- check

name posted- check

facebook page posted- check

anonymous neighbor posts some facts and lots of conjecture to make homeowner look bad- check

Having Jon Butler crow about publicly embarrassing you on the say so of aforementioned vengeful and anonymous neighbor- check.

Have neighbors post anonymously your personal business on a witch hunting blog thread- check.

Note- on the original forum thread the OP did not post an address and it was Jon who said. let's try public embarrassment.

That doesn't say much for Jon either.

Posted by: bxgrl at September 23, 2009 3:12 PM

bxgirl, no, I'm not their neighbor. I'm not their jury or executioner. I do agree that reporting them to the LPC and DOB is the way to go. If I were their neighbors, they would probably hate my little busybody heart. I accept that. I don't think I'm an absolutist, I have no beef with marble islands and kitchen in parlors and large screen TVs - I wouldn't o it in my house, but whatever float your boat. Curb cut, front door and facade are a different story, be a good neighbor, I'll be a good neighbor. To start work on a curb cut the day the block is landmarked? might as well paint the facade Pepto Bismol pink.

Posted by: Maly at September 23, 2009 3:14 PM

two cats...she's not going to get "thrown out." She owned the house and sold it to them she probably has a lease, albeit a very short one.

She'll be laughing all the way to the bank since someone pointed out that she's woned it for 30 years.

Posted by: daveinbedstuy at September 23, 2009 3:17 PM

Maly- well don't you think its a matter of their paperwork and what they were told? It has nothing to do with the day the block was landmarked and if they go through with this I hope LPC makes them revert to the original front yard. If they are doing something illegal to the tenant, she should give them hell in court- and in this city, she can.

But the point is that the homeowner's name and address and personal business were posted, supposedly in the interest of landmarking, but I can say for sure it was more out of vengefulness, not community interest. What's next- someone objects to our choice of flowers so they put you up for ridicule on brownstoner? My neighbor thinks the ivy on the house encroaches hers so I get to be roasted on Brownstoner? If you're so interested in accuracy and fairness, the neighbor should post their own name and address.

Posted by: bxgrl at September 23, 2009 3:21 PM

Bxgirl, also I missed where Jon posted "let's try public embarrassment." If he did, I agree with you, it's a bit rude. To me the point is to gather ideas and resources on how to preserve this house the way it's meant to, and help & support the neighbors to achieve that.

Posted by: Maly at September 23, 2009 3:23 PM

bxgrl, Jon did not post the name and personal info. That was done by one of the commenters and it has been taken down.

It has been standard practice here all along to post the address of any building that's up for discussion and why shouldn't it be.

De you want annonymous HOTDs and COTDs???

I think you're beating a dead horse here with this issue primaruly because of what i wrote in the first paragraph.

Why was this never an issue with the address of fedders buildings???

Besides, as the evidence indicates this is clearly a zoning violation. Whether it's the owner's fault or the architects or the DOBs, the buck stops with the owner.

brrownstoner DID NOT post the name and personal info.

Posted by: daveinbedstuy at September 23, 2009 3:26 PM

And Maly, I agree that if it can be definitively demonstrated that the owner tried to ram this curb cut in on the day of landmarking kicking in that calls their motives into question. I just don't know how to make that case and think a lot of suppositions are being tossed around.

Posted by: wasder at September 23, 2009 3:26 PM

On that we agree, Maly :-)

Posted by: bxgrl at September 23, 2009 3:26 PM

Maly, I was referring to the commenters not Mr. B. I just made the next point in reference to him.

Another tenant is how when you post, the slightest carelessness in composing will kill you!

Posted by: infinitejester at September 23, 2009 3:26 PM

Without commenting on the qualities that make one a good neighbor or good citizen or good blogger or whatever - every time the DOB approves something that is clearly illegal (and yes, it is clearly illegal and has been for years to put a curb cut in this location,) it makes business much more difficult for us architects with a sense of ethics and professionalism (the majority, I think.)

If the owner had come to me and said "I want to put a curb cut in here" - I would have had to tell her that she would need to go through the board of standards and appeals and a public hearing with the community board in order to put one in. Those are the rules, plain and simple. Of course, if someone else told her sure, no problem, we can just put in the curb cut as-of-right, she would likely hire that architect instead of me.

It happened all the time with Scarano, whose unique and inventive and ultimately illegal readings of the zoning rules were the foundation for a thriving business. If I were a developer, of course I would hire the architect who promises the most floor area!

In any case, all we can ask of the DOB is to fairly and consistently enforce building code and zoning laws, and when they do not, call it to their attention.

Posted by: architect66 at September 23, 2009 3:28 PM

well, not to belabor the point, but I think you mean tenet, not tenant ;) cheers!

Posted by: Maly at September 23, 2009 3:29 PM

architect66, I agree with you truly and madly.

Posted by: Maly at September 23, 2009 3:31 PM

I looked at that puzzled...I'm an idiot...

Posted by: infinitejester at September 23, 2009 3:32 PM

dibs- but this is not a COTD or an HOTD. It's a spite fest and the address is out there now- no big deal to find the other personal info. Its a spitefest and its really crap because yet again, we don't know all the facts of how this was done. We can question the legality and whether or not the homeowner acted maliciously, but its still pretty unethical to post a story like this with only one set of facts and without the other side of the story. Sorry- I don't believe in witch hunts and I like to get all the facts before I go after someone.

Posted by: bxgrl at September 23, 2009 3:36 PM

on reflection i agree a little bit with bxgrl. the stuff about the old lady tenant was extraneous and unreliable gossip. as i said before, posting her facebook photo was not good form, and speculating about the owners' state of mind is kind of silly. but i still think the core of this post -- namely, that someone is on the verge of doing something that will break the law and (more importantly) tarnish a landmarked neighborhood -- is a good thing, particularly since a lot of people in the neighborhood (including me) wouldn't have known about it otherwise. and i don't think it's a "witch hunt" to talk about that.

Posted by: z at September 23, 2009 4:17 PM

Given that someone said they walked by here at lunchtime and saw a construction trailer nad fence put up can you do a drive by and check.

Posted by: daveinbedstuy at September 23, 2009 4:38 PM

Dave, Jester retracted his "statement":

BTW my comment about the construction site going up was a total joke. Was just trying to get people all worked up, at which point I was going to pretend they had put up a snarky sign in their windows.

Puerile, I know. But like how I set that up? Man I'm good.
Posted by: infinitejester at September 23, 2009 3:00 PM

Posted by: jessibaby at September 23, 2009 4:43 PM

wow, what fun i missed in here. the personal comments and the speculation aren't right, no doubt. but like it or not, ownership records, dob filings and permits, particularly in a now-landmarked district, are public actions that are public record despite that they may (in part) concern private property. so the issue generally is fair game.

posting the address is also fair game. part of the point of the post was to make people aware. we all know that the DOB isn't the most transparent of agencies, and even charitably assuming everything was on the up-and-up here, what's the likelihood that one or two "cranky neighbors" making a complaint would bring enough visibility to challenge whatever forces led to the owner being granted what, based on the prima facie evidence, looks to have been at the very least a questionable and nonstandard determination? and how are people supposed to voice their concerns to the proper authorities without knowing the address? z is right.

as for dealing directly with the neighbor instead of posting a complaint, it might be "neighborly" to do that, but it's certainly not an obligation. do you think the owner asked her neighbors for input before she decided she was going to go for a curb cut and garage? i am guessing not - so why do we suggest that the neighbors have the unique and unilateral social obligation to do so? particularly when, from the look of things, the owner could have started cutting that curb any day? and before you say, "because it's her property," i call b.s. on that. the curb cut affects the whole block, and we all have a common interest in making sure that rules get applied fairly and consistently.

finally, it's interesting that one of the most vocal posters crying witchhunt in fact was trying to foment awitchhunt. for the record, i live near here and there's nothing going on at this address.

Posted by: i disagree at September 23, 2009 6:12 PM

why do grown-ups have facebook pages?

Posted by: dittoburg at September 23, 2009 6:13 PM

to clarify, my last paragraph was in reference to infinitejester's "joke" and dibs' question about construction trailers and fences going up.

Posted by: i disagree at September 23, 2009 6:56 PM

daveinbedstuy, She recently came home from vacation only to find her yard dug up, all of her stuff shoved into a corner and told to be out sometime in October. That was how she heard about having to move. Is that not being thrown out? I don't care if she made billions of dollars on the sale of her house, that is no way to treat anyone. We are not just talking about a house, we are talking about a home. Many years and many memories.

Posted by: two cats at September 23, 2009 6:58 PM

It is true that ZONING does not allow curb cut nor garage unless you have 40 feet and a 15 ft wide access road/alley.
The DOB if you are well connected will apply R6 or R zoning to grant you your wish. And the traffic department will give you whatever curb cut you desire.
As to all other ordinary people the question does not come up as they never have the $ for such construction.
Welcome to democtratic process!!!
Such happened not too long ago in your neighborhood.

Posted by: shaded at September 23, 2009 8:36 PM

two cats- indeed its not and I hope the tenant takes her to court. But for the record she has to be given at least 30 days notice so the tenant does have rights. And if the landlord wants to get tough, she could find herself fighting for a long time to get out a tenant who won't have to pay rent for that time. If they had any kind of written agreement prior to the sale, now would be the time to pull it out.

But that said- I would still want to hear the other side of the story before I publicly pilloried anyone. And even then, unless all of us want our private lives to be fodder for the internet, I don't think its the way to go. Every neighborhood dispute? Where is it going to stop if we use the internet to bludgeon everyone we know or disagree with- and I don't mean public issues and persons. To use the internet as a threat to force someone to do what you want? So not good.

Posted by: bxgrl at September 23, 2009 9:39 PM

Wow I live so close... I cant believe the house was actually mentioned in LPC's overview.

Also its good to know that I have some real crabby neighbors that are dying to post on the forum.

So glad Im anti-facebook.

I think B should use his clout wisely, he could of called the higher ups at landmark and corrected this without all this personal crap.

Posted by: jack slade at September 23, 2009 11:25 PM

i_disagree, if you think I was trying to foment a witchhunt you are beyond stupid. And just so you know, posting after hours makes you a total coward. Figure it out ok?

Posted by: infinitejester at September 24, 2009 9:58 AM

i gotta agree (w/ i_disagree) that deliberately posting false information in an effort to "get people all worked up" over the homeowner's plans was a dick move that makes your other comments in the thread puzzling to say the least.

Posted by: z at September 24, 2009 10:36 AM

Poking fun at self-righteous people is good satire and a punk move. I'm glad you think I was a dick, because it means you can't take it down a notch and think for a minute and get the facts. Do the facts count or not? To you, they don't count - calling me names does count though.

That is what is truly puzzling.

Posted by: infinitejester at September 24, 2009 11:31 AM

Personally I didn't think jester's post about the construction trailer was helpful but it's a red herring anyway. The issue remains that these home owners really believe they can pull a fast one around LPC and desecrate one of the finest houses on one of the best blocks of Prospect Heights just days after landmarking designation became final. Their plan is a slap in the face to the scores of people in the neighborhood who worked hard to achieve this protection. However I very much doubt that they will be able to go ahead now that LPC, DOB and elected officials are all on the case. But I don't doubt that they can and will legally evict their tenant. Sadly their way of going about it has been aggressive and hostile. As neighbors we have a right to give a damn!

Posted by: grand army at September 24, 2009 1:21 PM

Looks like DOB has acted and there's going to be a stop work order filed:
http://a810-bisweb.nyc.gov/bisweb/OverviewForComplaintServlet?requestid=5&vlcompdetlkey=0001219209

Posted by: zinka at September 24, 2009 3:27 PM

Given all the weird irregularities in the filing and permits here, and the strange coincidence of the permit issued on the same day as the landmarking, I'm wondering if there wasn't some sort of an extra "payment" made to someone at the DOB to push this through. Any ideas for how to find out?

Posted by: de95 at September 24, 2009 3:27 PM

See it's been stopped. We can all give a hoot without having to tar and feather eachother.

Posted by: jack slade at September 24, 2009 3:44 PM

does under review = stopped?

Posted by: lvgnyc at September 25, 2009 10:03 AM

Interesting discussion, but I have a related but different question: if a home/bldg in a landmark district has an existing curb cut -- not being used, but an historic one -- is it grandfathered, i.e., if one wanted to open up a garage opening in the bldg and start using the existing curb cut, can one do that?

Posted by: KISS at October 6, 2009 11:24 AM

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