glass fron hutch for sale

Do you and architect feel you are in bounds with regards to the various comments?

Posted by: raphael9 at November 19, 2009 11:59 AM in response to DOB Audit

It can be an eyesore and still be legal so that isn't the issue. The question is whether it is legal and whether it was approved. Also, some details of the construction could be in violation of code or zoning without the project being in violation. For instance - there is nothing that says a structure can't be build to the property line, it's what is on that wall that matters, such as windows, etc.

The first thing you should do is go on the dob website and look up the project. Is it an approved job? Does the project match the job description? Exactly what is the existing violation for? If the project is already being reviewed by dob, it isn't necessary for you to do anything, they will take a hard line on anything that is nonconforming. You may not like the results, if in fact they do allow something there, but they won't approve anything that doesn't conform to code and to the zoning district you are in.

Posted by: raphael9 at November 18, 2009 5:31 PM in response to Question about DOB Violation

roger - i hope this isn't as problematic as it sounds, and jp2 covered this pretty well. hopefully your architect did the proper calculations regarding the base plane and the far. the base plane seems simple, but if there is a slope to the site there are variations, and the best thing is to have done a new elevation survey as that proves it. in any case, the calculations for height should be in the plans that were approved - are they in the elevation drawings?

I don't like the sound of the comments regarding the basement or cellar. what does your original c of o say? It is clear that they are looking to see whether you are overbuilt.

On mechanical deductions - there is a formula - so many sq ft for the 1st fl, 2nd fl, 3rd fl, etc. and it isn't a large number.

I don't know anything about the porch issues, jp knows much better.

You will get nothing from your architect by threats, you will need to create the relationship you need to get this done. I guess it brings up the question as to whether the architect did the proper calcs to begin with, and there could be some issues there. If you get lawyers involved with any of this at this point in time it will guarantee you won't get anywhere. There might be some liability issues down the road, but that is a separate thing entirely.

Please keep us posted and good luck..

Posted by: raphael9 at November 18, 2009 2:46 PM in response to DOB Audit

I'm not an architect, but I've been through the audit process as an owner. It could be tricky replacing your architect at this stage, and more expensive.

Are you within the far for the zoning? That is the only thing you mentioned that seems of great concern. If your architect used a predominantly built up definition for instance, are you sure it applies to your zoning designation, and/or does your far work without it? Sometimes they are just looking for more detail that was lacking in the original plans, or it may be there and they missed it.

Posted by: raphael9 at November 17, 2009 6:40 PM in response to DOB Audit

Your architect will have to deal with the far calculations, and you should go with him/her to the audit appointment. I'm assuming you are within the far, and can prove it. Be forewarned that plan examiners do get it wrong sometimes, so hopefully your architect used the most conservative approach.

Are your porches in compliance? I'm assuming you simply have to prove that they are, and that you have provisions for planting as required.

If there is anything you have to do to your architect will have to file a paa (post approval amendment) and show revised drawings that reflect the modifications. If they are not major revisions they may not have to get reinspected. If they don't include plumbing, it wouldn't affect your plumbing inspection. When you are at the audit meeting(s) you can ask these questions in context.

Be prepared to pay the architect for the time it takes to do all this, it's part of the process. When the audit is approved, and the new drawings are accepted, you will need a letter from the plan examiner, and that will allow you to get the stop work order lifted, and it shouldn't require an inspection. You walk down the hall with all your docs, and with the letter, and the construction dept. lifts the swo. Any inspections would come after the required work is completed.

I can't emphasize enough the importance of getting your architect on board with this, and with you being present on all trips to dob at this point as an owner has a different relationship and can push the process slightly. The audit alone can easily take a month.

Posted by: raphael9 at November 17, 2009 6:18 PM in response to DOB Audit

That's a question only dob can answer, and it might depend on the nature of the comments and the nature of the remedy(s). What brought on the audit? Was there a complaint? Is the examiner for the audit the same as the original plan examiner? And how extensive are the comments? These audits can come out of nowhere, and can expose faults in the original plan examination, and you really don't have an alternative except to respond to the comments and comply. I'll be interested to know more, and how it works out.

Posted by: raphael9 at November 17, 2009 5:42 PM in response to DOB Audit

"Soon everything will be okay. The goal is to turn the building into an Arts center for all mediums."

Letting a building fall into a state of dangerous disrepair seems like peculiar act of kindness. I don't know how soon is soon since the building has been festering for decades. Perhaps one of the mediums you refer to could look into the future and let us know.

Posted by: raphael9 at November 16, 2009 1:47 PM in response to Doings at the Dilapidated 7th Ave & 2nd St Building?

I second the question from cmu: exactly why is this an issue for you? If the answer is a, are you absolutely sure your own house is entirely in compliance with every part of the zoning? Do you actually think the zoning is strictly interpreted in every case, or that there aren't many buildings that would be over the far if they were to be built today?

Posted by: raphael9 at November 13, 2009 4:20 PM in response to Remedies for violation of FAR

The water rates have jumped in recent years, one 4fam I own has gone from about 200 per quarter to 350 - 400 per quarter.

My perspective on this: who wants to do the accounting with tenants over a few dollars every quarter? I prefer not to get my tenants directly involved with such details as it over complicates what should be a simple full service relationship. The next question would be, if the bill is under 400 per quarter, where is the prorated rebate to the tenants? You find this more in commercial leases, but migrating terms like this to residential leases is just a way of off loading the responsibility of managing the property.

Personally, I would pass, and explain to the ll that while potentially minor, it's a deal breaker because of what it might indicate about other future interactions. It is just not that hard to find a good apartment with a straightforward lease.

Posted by: raphael9 at November 13, 2009 4:13 PM in response to Tenant Pays Water Bill?

yes, four times yes...

Posted by: raphael9 at November 12, 2009 4:08 PM in response to Condo Owner Kicking Out

vbp definitely says it well.

the simple fact remains that you aren't able to prove who caused the damage, and bottom line you have the responsibility of maintaining the building. you can and should legislate on the issue of where people keep their strollers, etc., and you definitely can get a violation for having things in the halls.

Posted by: raphael9 at November 11, 2009 4:52 PM in response to Tenants Broke Entryway

you don't even think about something like this without an architect or engineer, and without filing the job, and without getting a renovation endorsement from your insurer. it isn't an inexpensive job, don't be convinced it is.

Posted by: raphael9 at November 11, 2009 4:33 PM in response to Cost to Install Beam

the cost of a renovation vs repairs - technically speaking, according to the irs, if it's attached to the wall and the value is over a certain dollar threshold - it's a capital improvement and does not get deducted the way a repair does. it does not get added to the cost of the house either - it is its own event, gets depreciated over 27 1/2 years just as the portion of the house that is rental property does - but gets its own line on a schedule e. at the time the property is sold, any depreciation taken from the time each capital improvement is put into service until the date of sale is recaptured by subtracting it from the cost basis, thereby making the gain larger by an equivalent amount. as the gain is taxed (depending on holding period) as a long term capital gain, it gets paid out at a lower rate than that at which it was depreciated over the time deductions were taken, as those are taken at the taxpayer's nominal rate. also, the recapture happens at some time in the future, making the dollar value of the recapture lower as well.

as for deductions for real estate: deductions for owning a home exist to get people to buy houses and to enable them to afford to stay in them. real estate professionals who make a living managing real estate get deductions the same way any other owner of a business gets deductions for legitimate business expenses. the preferential treatment of real estate is to the benefit of the homeowner.

Posted by: raphael9 at November 11, 2009 4:22 PM in response to Audit Hell

before recourse there's negotiation. the tenant could offer to share the cost of having the shutters stripped, would be the first thing that comes to my mind. as for whether the tenant can prevent the ll from removing the shutters, it seems unlikely. as for the ll, why now? maybe there is more here than meets the eye?

Posted by: raphael9 at November 11, 2009 1:37 PM in response to Keeping Brownstone Shutters?

find out what kind of music the alleged rats don't like and blast it 24/7.

ask the landlord whether the rats can be on the lease and let them pay the rent...

nobody mentioned filling the ceiling with water and drowning them...

Posted by: raphael9 at November 10, 2009 4:21 PM in response to Lease Termination Notice

woohoo...more fine foods....

Posted by: raphael9 at November 5, 2009 2:44 PM in response to StreetLevel: Lucas Fine Foods Coming to Union

"So you need to document everything you have done and are doing for the tenant to demonstrate that the apartment and building is quite habitable."

unless I missed something and this is a rent stabilized apt (2 apts and a store doesn't fit) then ll does not have to document anything to bring a holdover proceeding if the tenant refuses to move when the lease is up. If the ll accepts rent payments AFTER the lease is up, a judge will declare it a month to month tenancy and then getting possession gets difficult. as long as a lease is term certain, ie., one year, then the end of the term is clearly defined and owner has the right not to offer a renewal.

Posted by: raphael9 at November 5, 2009 2:43 PM in response to Help with Demanding Tenant?

Of course we're only going to see one side of any story here...it goes without saying. Presuming op is telling the true, and even if they aren't, we can only address what is presented here.... I would not renew this lease as it is asking for trouble, especially as op has allowed the tenant to do something the lease specifically forbids. What other people do or have done is irrelevant, what's in the lease is. The easiest way to not renew this lease is to offer one at a rent the tenant will absolutely not pay and allow the tenant to make the decision to move. If the tenant pays the significantly higher rent and stays, op gets paid for the hassle. In any case, the tenant will not likely renew the next time. Make it clear that what you do in the hallway is your affair, and that a renewal of any kind is offered for exactly what you provide, with no complaints on the part of the tenant. There is nothing wrong with drawing a line, if you don't people will walk all over you.

In any case, given what was described, I would look not to keep the tenant without getting paid well for doing so.

Posted by: raphael9 at November 5, 2009 1:45 PM in response to Help with Demanding Tenant?

so we seem to be in agreement that it's too deep, too dark, not big enough, too big, too expensive, just right and needs work. ;)

Posted by: raphael9 at November 4, 2009 4:43 PM in response to House of the Day: 238 Windsor Place

Well, there are three sides to every story, and we are only hearing one... the whole enterprise is something op should've just said no to.....or at least told the tenant that he/she would not be liable for any inconvenience on the tenant's part and that the only way he would consider the upgrade would be to do it his/her way, complete with thermostatic rain element or whatever you call this kind of water wasting thingamabob. If I were the tenant, I'd think, ok, the landlord did what I asked, but he's a little nutty and goes overboard so I'll have to remember that in the future; if I were the landlord, I would have said NO in the first place, and now I'd give the tenant a choice: 1) cut the nonsense, 2) pay the cost of the rainforest system, 3) get ready to take showers at your friend's house for another two weeks while I put the old shower head back. Else move.

Posted by: raphael9 at November 2, 2009 6:03 PM in response to Tenant Compensation?

"Wall scones are a classic feature and again if not too many, work well."

the raisins get hot though in wall scones

"Recessed lighting is inappropriate in an old house"

generalizations are generally true, especially when it comes to taste

Posted by: raphael9 at October 29, 2009 6:09 PM in response to Thoughts on Recessed Lighting

that might be a gray area as to whether the ll has to serve the roommate with a 30 day notice. it is possible that all the ll has to do is deal with the primary month to month tenant of record whose responsibility it might be to deliver the apartment vacant.

certainly the ll is within his/her rights to offer the other apartment to the roommate, and doesn't have an obligation to either the month to month tenant or the roommate regarding the current apartment other than to provide the apartment on a month to month basis.

imho, never have a month to month arrangement, either as a ll or a tenant. have a lease, make the terms clear and easy to follow.

Posted by: raphael9 at October 29, 2009 6:04 PM in response to Shifty Landlord or Poor Planning

don't renew the mouse's lease

Posted by: raphael9 at October 15, 2009 1:45 PM in response to Infestation

"Good for them, but what about ordinary working families who pay taxes that get used to fund TARP? Why are they getting priced out of desirable neighborhoods by wall street crooks?"

yawn. more drivel having nothing to do with the question posed in the post. if you had money or a big house in a desirable neighborhood would you be a crook? (that's a rhetorical question, fwiw)

Posted by: raphael9 at October 7, 2009 3:45 PM in response to House of the Day: 212 8th Avenue

I didn't say unlimited right of access. Go and read the first page of every lease...it's right there. Tenant must provide access at reasonable time for apartment to be shown to prospective buyers, etc. including repair people, insurance agents, etc.

Posted by: raphael9 at October 2, 2009 2:16 PM in response to Right of Entry

Definitely sit down and discuss some reasonable parameters with your landlord. Bottom line: your landlord has the legal right to show your apartment to prospective buyers, and that includes open houses. The right of entry is guaranteed to the owner in any standard lease, and most likely the one you signed. The advice here to make it difficult for the landlord is stupid b/c it is a two way street and nastiness will get you nowhere.

Posted by: raphael9 at October 2, 2009 12:56 PM in response to Right of Entry

There is no way to do a cost estimate without an assessment of the scope of work to be done, the complexity of the project, the structural work required - which can only be known by hiring and engineer and possibly digging a test pit to examine your footing, the finishes involved. You need to hire an architect whose work and style you like and are comfortable with to work with you on a phase one plan and pay for it. Developing a phase two dob set and building set is a whole different process, so work with an architect who will separate the two. You may complete phase one after a few months and decide not to build, but you have to go through the process and invest a certain amount of time and money to get to that point. good luck...

Posted by: raphael9 at October 1, 2009 5:00 PM in response to Rooftop Renovation, Addition

get better movers next time....
get a better landlady...
get better neighbors....
get a better door...
get some fatter screws for the hinges...

yes, the mover is responsible, but...they didn't pull the door down the second time, so prove it..

yes, the landlady's person should fix it so she doesn't blame you for a bad repair...

personally, i would just put the door back up myself and figure out what's wrong and fix it. most likely the screws holding the hinges into the frame and/or the door are not tight, the holes are stripped, need to be plugged and redrilled, or maybe just tightened, or maybe just a different screw.

then, you need to get your landlady to come see for herself that you fixed the door, so you can put the matter to rest. let the neighbor and the landlady take care of each other and know who your neighbor is and keep your distance.

then move...

Posted by: raphael9 at September 29, 2009 4:03 PM in response to Who is Responsible?

the taste police strike again ;)

I go past that site all the time - it's a charming row of houses, and one way out of context extension - based on its size and shape relative to the house and the row of houses. Of course that doesn't mean it's illegal, or the plans would never have been approved in the first place.

the swo could be for any number of reasons, none of which have to do with design, shocking as that may seem.

there are a number of complaints which seem to have been resolved, all seeming to come from one neighbor, who may be right or may just be a crank. we'll never know.

despite the name of the site, the brownstone-centric nature of the posts sometimes miss something imho. there is unquantified value and quality of life in many areas with houses that are not landmarked, not historic, and not even that nice looking. in some cases the lay of the land exceeds the quality of the housing stock, but for a person living in those areas the quality of life is just fine.

the yellow stuff isn't a design choice; it's insulation....

Posted by: raphael9 at September 25, 2009 1:10 PM in response to Horror Show Friday: 1715 11th Avenue

"Why is it that real estate is such a touchy subject?"

Anything that costs a great deal of money and has a bedroom is bound to be touchy ;)

MM has good points on this though, relating to the size of the investment, all the things a house represents...

Personally I am of the opinion that those who are waiting for the market to fall a great deal from here AND who expect to have the guts and agility to buy IF and WHEN that were to happen are bound to be surprised. As are those who expect a full recovery any time soon.

I am going to wager that rates on 30 year fixed loans have not seen their low, and that they will stay sticky on the low side for longer than people expect. That and the fact that many potential sellers either have been flushed out or will simply sit it out rather than sell below their uniquely personal view of what their house is worth. Prices can come "down" just by virtue of going nowhere for a good while, but the raw numbers stick in everyone's minds.

There is no sense debating whether there is a true recovery in prices until such a time as rates AND prices go up together.

As for someone who is waiting for the perfect moment to game the bottom, one has to consider one's time, one's ability to get financing at any given time, the cost of financing, the availability of an actual house that suits one......

Posted by: raphael9 at September 22, 2009 3:58 PM in response to Last Week's Biggest Sales

"Calling the top floor a penthouse is also irritating."

not quite as irritating as appending the basement and calling it a duplex...

Posted by: raphael9 at September 21, 2009 5:34 PM in response to Checking In On 353 6th Street

If the landlord really wants 1200 and lets you have it for less, he/she will find a way to raise the rent when they can on the next lease. The harder you push now the more resentful he/she may be. There is nothing wrong with asking whether the landlord is flexible. Then see what he says he is willing to do. That's where you'll get the best deal, especially if you take the time to make it clear how much you really like the place, and give a good impression of how good a tenant you will be. Do not think that apartment rents haven't been reduced, but also do not think that some rents haven't gone up with a few people bidding the price up on a good apartment. It is all about the people, the quality of the apartment, the timing, the location, etc.

Posted by: raphael9 at September 18, 2009 5:46 PM in response to Signing 1-Year Lease

agree with other posters on the fact that you can often do better dealing with the banks directly. don't forget to try the regional banks, such as astoria..

Posted by: raphael9 at September 9, 2009 2:32 PM in response to Advice on Mortgage Rate

If he's not flexible, all other things being equal, it might mean he's busy, which might mean he's good. It all comes down to references, seeing the work he's done, seeing a jobsite he is currently working on, and picking someone reliable who will do what they say the way you want it done, and do it well. Price is just one part of the triangle - good, inexpensive, fast - you can usually have any two, but almost never three at once.

Just because there's a recession does not mean this guy is hungry...

Posted by: raphael9 at July 6, 2009 6:43 PM in response to Contractor Estimates

looks ok to me too.

Posted by: raphael9 at July 1, 2009 5:47 PM in response to mortar-stained exterior brick

That's a relatively low bid for a good electrician. How many points?

Posted by: raphael9 at June 26, 2009 7:01 PM in response to $14,500 For 3-Family Rewire?

if you can't get satisfaction from the neighbor, call 311 and file a complaint. it will be investigated, no one has to break in.

Posted by: raphael9 at June 25, 2009 7:01 PM in response to Dealing with Bad Neighbor?

well, will all the complaints about the lack of pictures, folks sure are curious and will just have to go have a look :)

Posted by: raphael9 at June 25, 2009 6:06 PM in response to House of the Day: 460 2nd Street

It's definitely not simple.

The two year will always look more expensive on its face, but if the rent stabilized tenant is going to stay in the apartment for a long time consider this:

1) you never know what the one year increase will be in the second year of any potential two year period. if it is less than the current one year percentage increase, then clearly two consecutive one year renewals would save the tenant money. if it is more in the next year than the one year increase is now, then the two consecutive one year increases would add up to more than the two year increase

2) unless the one year increase percentage does drop in the next year, the combination of two one year increases raises the base rent by more than the two year increase. if the next year increase goes up at all, it's compounded. as the base rent goes up, since ALL future increases are calculated on the base rent there is a cost in future dollars over the course of many renewals of taking the shorter term.

3) the math of calculating the extra cost in the first year of taking a two year against the extra cost in the future of taking a one year is possible to understand but impossible to do, since we don't know the future.

in other words, it's a gamble. you pays your money, you takes your chances ;)

Posted by: raphael9 at June 24, 2009 6:35 PM in response to rent stablized lease renewal

it's anybody's guess what this will go for, AND what circumstances will cause it to sell low or high. one thing....based on what we know now....for this house to sell for 1.4 it would have to be a shell. for it to sell for the current asking seems highly unlikely. you can't take the park out of the park block, but there are other park block homes unsold at the moment, the ones i know about have been reduced and are still available, so there is plenty to choose from. when a house is an excellent house, such as one on the 8th st park block that went into contract quickly not long ago, the deal gets done quickly. the rest become fodder for discussions about which floor the kitchen should be on as opposed the one it's on, and the listing gets stale. perhaps this gets sold in the high teens, but by the time the seller is ready to deal it could be a year from now. there is no substitute for meeting the market that exists head on if you're really serious about selling.

Posted by: raphael9 at June 23, 2009 4:33 PM in response to House of the Day: 641 10th Street Revisited

over 850 per square foot? fourth floor walkup and that kitchen? oh my, that's funny.

Posted by: raphael9 at June 22, 2009 3:36 PM in response to Co-op of the Day: 170 Prospect Park West, #4L

what's the lawyer going to do? build the house?

2000 - 2500 depending on the complexity of the negotiations

Posted by: raphael9 at June 19, 2009 2:49 PM in response to Is Lawyer Fee Reasonable?

Yes, you can choose the tint when refacing brownstone...

Posted by: raphael9 at June 4, 2009 2:26 PM in response to varying color of brownstones

Cross your fingers and hope they get a lower offer...

Posted by: raphael9 at June 4, 2009 2:24 PM in response to Open Houses After Accepted Offer

Predictions of value only work for the past, not the future. Expect nothing and be pleasantly surprised.

Posted by: raphael9 at June 4, 2009 2:23 PM in response to House Values

fron = front...

Posted by: raphael9 at June 3, 2009 6:13 PM in response to glass fron hutch for sale

so you have a prop plane and want a jet plane? ;)

if you hire an architect they will do their own survey of the existing layout.

Posted by: raphael9 at June 3, 2009 5:20 PM in response to How to get floorplanes?

now, that is one excellent garden. nice work!

Posted by: raphael9 at May 28, 2009 5:52 PM in response to full sun garden

will they go up? yes
when? yesterday
how much? almost a point over the past two days

Posted by: raphael9 at May 28, 2009 5:50 PM in response to Interest rates

What year is this? You are kidding of course....? No? Skip the forum and go right to a couple of banks and see what they want to charge you for a loan over 70% ltv right now...

Posted by: raphael9 at May 28, 2009 5:46 PM in response to 8-10% down on 3 fam. possible?

To remove the stop work order you will need to schedule an inspection of the property with the city. Ed Kopel Architects

Posted by: edkopel at November 17, 2009 5:45 PM in response to DOB Audit

Thanks for your responses.
1) There was a complaint and that brought on the stop order/audit. The examiner is not the same as on the original plan. 5 of the objections are floor-area calculations, front yard planting, compliance with porches (nothing should be underneath).
2) This is a plan audit. So when the plans are accepted, what do they have to inspect at the site?
3) I am the owner and so very confused. The architect doesn't seem to care too much as he already got almost all of his money.

What I'm trying to say in a nutshell is we already had final construction inspection, so after we correct the plans, would they have to comeback and reinspect or can we just then file for COO.

Posted by: cheetat1 at November 17, 2009 6:00 PM in response to DOB Audit

Thanks for your responses.
1) There was a complaint and that brought on the stop order/audit. The examiner is not the same as on the original plan. 5 of the objections are floor-area calculations, front yard planting, compliance with porches (nothing should be underneath).
2) This is a plan audit. So when the plans are accepted, what do they have to inspect at the site?
3) I am the owner and so very confused. The architect doesn't seem to care too much as he already got almost all of his money.

What I'm trying to say in a nutshell is we already had final construction inspection, so after we correct the plans, would they have to comeback and reinspect or can we just then file for COO.

Posted by: cheetat1 at November 17, 2009 6:02 PM in response to DOB Audit

Your architect will have to deal with the far calculations, and you should go with him/her to the audit appointment. I'm assuming you are within the far, and can prove it. Be forewarned that plan examiners do get it wrong sometimes, so hopefully your architect used the most conservative approach.

Are your porches in compliance? I'm assuming you simply have to prove that they are, and that you have provisions for planting as required.

If there is anything you have to do to your architect will have to file a paa (post approval amendment) and show revised drawings that reflect the modifications. If they are not major revisions they may not have to get reinspected. If they don't include plumbing, it wouldn't affect your plumbing inspection. When you are at the audit meeting(s) you can ask these questions in context.

Be prepared to pay the architect for the time it takes to do all this, it's part of the process. When the audit is approved, and the new drawings are accepted, you will need a letter from the plan examiner, and that will allow you to get the stop work order lifted, and it shouldn't require an inspection. You walk down the hall with all your docs, and with the letter, and the construction dept. lifts the swo. Any inspections would come after the required work is completed.

I can't emphasize enough the importance of getting your architect on board with this, and with you being present on all trips to dob at this point as an owner has a different relationship and can push the process slightly. The audit alone can easily take a month.

Posted by: raphael9 at November 17, 2009 6:18 PM in response to DOB Audit

Thanks so much raphael9. I am at the point of just getting rid of the architect and hiring another to finish the job. Do you think this is a good idea. Also you seem to know alot about the dob process. Are you an architect?

Posted by: cheetat1 at November 17, 2009 6:26 PM in response to DOB Audit

I'm not an architect, but I've been through the audit process as an owner. It could be tricky replacing your architect at this stage, and more expensive.

Are you within the far for the zoning? That is the only thing you mentioned that seems of great concern. If your architect used a predominantly built up definition for instance, are you sure it applies to your zoning designation, and/or does your far work without it? Sometimes they are just looking for more detail that was lacking in the original plans, or it may be there and they missed it.

Posted by: raphael9 at November 17, 2009 6:40 PM in response to DOB Audit

Thanks so much for your insight Raphael9.
here are the objections exactly....can you give your opinion.

Tx,
Roger

1) establish 'base plane' as per xxx
2) lowest level indicated on drawings and paperwork as 'cellar' is a basement as per xxx. Provide diagram for compliance
3) revise floor area calculations to include
'basement' area for compliance
4) mechanical room as shown deducted from floor area is not dedicated to mechanical equipment and is not 'reasonable for its intended use'. Deduction shown at what was indicated as 'cellar' level which is not floor area. All mechanical deductions at all levels to be verified. Third floor indicates deductions, but mechanical room is shown. Revise zoning calculations
5) indicate compliance with required front yard planting in that the area of the zoning lot between street line and street wall to be planted
6) Lowest level 'cellar/basement' rear portion not a permitted obstruction in rear yard.
7)demonstrate compliance with porches as permitted projection into yards in that ' there shall be no useable building or storage space underneath'

Posted by: cheetat1 at November 17, 2009 7:05 PM in response to DOB Audit

if this job was "self certified", all alt 1's are being audited now in brooklyn, and random alt 2's. my sixty second take;

1. base plane is just a dimensional thing for the height of the building, easy fix unless the building is too tall
2. if the cellar is a basement and not being included in the far calcs, then you may run out of far. I dont know how you would confuse a basement with a cellar so maybe its just a semantic thing for the plans. Basements are habitable and basically 50% of their height is above the ground level and you need windows obviously.
3. see note 2.
4. if you are getting additional floor area from a mechanical room deduction - its got to be a mechanical room or full of air conditioning equipment for instance.
5. you have to have a planting area in your front yard - not a big deal.
6. if this is a new addition in the rear yard - there are setbacks and the new area has to work with the far calcs. if it was there and you cant proove it was legally filed, then there is a problem. im dealing with this now on a project and they want to cut 3' off a rear yard addition (mud room) and we have approved dob plans from 1981..........
7. you might be hooped on this one if you have a porch over a rear yard addition or enclosed space

Replacing the architect isnt an option in my opinion or a much more horrible option in terms of headache, expense and time. I agree with the other posters you need the architect to be on board to work through this stuff.

Good luck

-jp

Posted by: jp2 at November 17, 2009 7:56 PM in response to DOB Audit

replacing the architect is a really, really bad idea..the new guy will have a different take on the situation (especially if the first architect was "creative" on the far calcs).nd you could end up tearing the place apart again...suck it up and pay the inevitable upcharges for your current architect to fix this

Posted by: eman1234 at November 17, 2009 8:27 PM in response to DOB Audit

But how do I get the architect to make this his priority. Some say lure him with $$$ and he will. Others say get a lawyer to scare him into doing the right thing? I am definitely going with him to the auditing appointment. This has to be solved somehow.

Posted by: cheetat1 at November 17, 2009 9:27 PM in response to DOB Audit