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October 2, 2007
Extension
So here is my question of the day. Is there any way to deter the DOB from issuing a permit to modify an extension on to a house based on quality of life issues? One of my neighbors plans on taking an existing extension, built about 75 years ago (It's small and not a big deal) and plan on rebuilding this exention to span across the back of the brownstone 2 stories high hence blocking light out of my back windows next door. It will jet out about 14 feet from the existing wall. I also am trying the old "please don't do this it will ruin my kitchen and leave us in the dark" methodology. It will also probaly mean the movement of my rosebushes etc.
Comments
In a word, "No". If he's not exceeding allowable FAR, maintains rear yard requirements, and fulfills all code strictures, he's within his rights to build as you describe. Sucks, I know, but that's how it is.
Posted by: johnife at October 2, 2007 1:11 PM
These are the rules of the game, and so long as he is withing FAR, setback requirements, complies with fire rating reqs., stays within his property line, does not undermine your structure and has approved plans from the DoB then there's nothing you can do. What about working with him to do something cool with the side of the building that will face your yard, like making it a green wall, or working with him on the material he uses there. Or better, what if you build your own extension?
Posted by: Espresso at October 2, 2007 1:55 PM
OP, I sympathize with you. This happened to me four years ago. Be prepared to have higher electric bills, i.e., having to turn on your lights at 3:00 pm on a summer afternoon instead of 7:00 pm (southern exposure, mind you). I only pray that the house on the other side of me doesn't do the same thing, otherwise I won't be able to enjoy my patio any longer. It will turn into a brick oven in the summer, no light, no air circulation, lots of heat. There goes my property value. FAR be damned, I say....
Posted by: guest at October 2, 2007 2:34 PM
FAR be damned? that's one of the main reasons I thought my little house was a good investment. If you can't beat em join em I say - build your own extension.
Posted by: guest at October 2, 2007 3:05 PM
If you are in a historic district, it is sometimes possible to fight a rear yard extension based on the argument that it is uncharacteristic of the block. Of course, if there are already a bunch of extensions, then the argument isn't true....
Posted by: g man at October 2, 2007 3:49 PM
Or, If you are in a historic district and you can see the back from the street
Posted by: guest at October 2, 2007 4:19 PM
The fact that the extension is visible from a street triggers community board and LPC hearings, but it does not necessarily preclude construction.
Posted by: g man at October 2, 2007 4:36 PM
Yes g man, it does trigger hearings and that *can* make a huge difference. If the writer up top is in a landmarks district, the neighbor will have to jump through a million and one hoops and still might not be able to build or might abandon the project based on all the extra costs involved. A friend in FG who is in contract, selling his house that was recently featured on this site, built an extension that went through the CB and LPC hearings. It was a push and cost over 10K extra just for the extra architect and legal fees. Of course, on the other side, the family of four that bought the house of a friend of mine in FG seemed okay living in the whole house for a year but then decided to do a massive extension (very deep yard, maybe 70 ft.). They apparently jumped through all the hoops. Meanwhile they rented an apt. in PS for six months thinking the construction would be finished up in that time (uh-huh…right…) and ended up deciding on renting for another year at least (It seems to me it’ll take them ages to get it done—the kids will be leaving for college!) Obviously, if money is no real disincentive, then...
The other question: if this new extension is being built up to the property line, what is going on with the foundation for the wall on/near the property line and how will this impinge on the writer's property? What, the owner next door will have the contractor excavate the writer's yard to get a foundation poured? Worrying about roses? Please! That’ll be the least of it!
Other thing: one way to slow it down, if the extension is being built up to a party line, look into where that party line really is. There could be a lot of issues at play.
Suggestion to the thread author: get your survey handy, measure your yard. See if plans have been filed for the extension. AND see a real estate lawyer to figure out what you can do. If anything, you could "way" slow down the next door neighbor's cavalier construction assumptions.
Good luck and keep us posted!
Posted by: guest at October 2, 2007 6:26 PM
No you nitwit.
your neighbor has the same rights as you.
If you are too cheap or dim witted to
take advanatge of those rights do not seek to
stop your smarter, richer, and more ambitous neighbor from doing so.
Posted by: guest at October 2, 2007 9:36 PM
The DOB courtyard rule prohibits many partial width extensions, forcing owners to build full width extensions. The impact of this rule is as described in the original post. I certainly don't know all the answers, but I have seen the negative impact of good intentions but inflexible rules. The one advantage for you is really private patio between neighbors extensions. Sincerely, FAR Sited
Posted by: guest at October 4, 2007 1:52 AM
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