Illegal three level extension to back of brownstone house

The new owners of the house next door are currently building a cinder block extension to their brownstone, in order to extend the property 18′ in the back. When the work began, I looked at the department of buildings website to find out if they had a permit to do this, and unfortunately they did. Then I looked at the website again a few days later, and the permit had changed. It now said in large highlighted letters at the top of the page: “CONCRETE WORK NOT AUTHORIZED – CONCRETE PLACEMENT, FORMWORK, STEEL REINFORCING NOT PERMITTED”. Yet the owners and contractors have gone right ahead and built the addition anyhow. The concrete foundation was done in a matter of a day, and the cinder block walls went up immediately after, now nearly finished in height. But what also worries me just as much is this – the previous owners had illegally taken out a portion of the center supporting wall in the back of the building on the garden level, and had not added back proper support – so the existing structure is already compromised. I am at a loss as to how to follow up with this other than complain to 311\. We went to the department of buildings and they said that if we have photographic proof of the faulty foundation, the owners could possibly be fined, but that it is doubtful that are going to tear down three levels of cinder blocks and cement. I believe that the new structure with it’s illegal foundation, combined with the existing structural problems, is a danger and safety threat to not only my house, but the surrounding neighbors as well and possibly the entire block. Any comments or advice on how to proceed? We have a good lawyer, who has already written a complaint letter with a list of existing problems about the building (leaking roof, basement flooding, etc.), aside from this illegal addition.

aeonray

in About Brooklyn 10 years and 11 months ago

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aeonray | 10 years and 11 months ago

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Thank you Mr. Hill for your reply. It was very instructive and somehow reassuring if in fact that is how they are building the backwall support. Yes we have tried to contact the new owners but so far they have been very elusive.

dazednconfused2 | 10 years and 11 months ago

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My understanding of the language on the permit is that the notes about the concrete relate to poured concrete walls and structures. The concrete footing below the cement block foundation wall is not restricted by this permit, nor is the cement block construction. As for the lack of support (or shoring) at the large opening, there is nothing illegal about taking out a portion of the masonry wall if it is done correctly. It is often done by removing the inner or outer layer of brick first and installing a beam to support just that layer, and then doing the same on the other side. When working this way, each layer is sufficiently supported by the other. It may be that the new support was installed in such a way that it cannot be seen. That back wall is almost always not load-bearing because the joists all bear on the side walls, not the rear. The only thing that wall is supporting is itself, so the structure can be relatively small and easily hidden. I’m not just trying to take the contractor’s side because I’m an architect, but to my knowledge, the concrete and masonry work is not restricted by this permit, and the masonry work may very well be legit. It’s probably perfectly fine and legal, with no compromising of existing structure, but it’s always best to err on the side of caution. Have you tried contacting the owner or contractor directly?

edificerex | 10 years and 11 months ago

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I don’t know anyone who would like a 3 story 18 ft extension built next to them but all owners have property rights and if it is permitted by the city it is legal and will get built. As for the UNATHORIZED CONCRETE WORK the last I checked there is an exemption for jobs of 50 cubic yards or less. The support of the rear wall has almost certainly been remedied by the contractor if it was an imminent danger. Calling it a danger to the whole block is hyperbole bordering on hysteria. Have you tried to contact the owner to have a rational discussion about your concerns? Their name should be on the permit. Starting a legal battle now will not make good neighbors for people who are likely going to be there a long time and likely waste a lot of money.

Arkady | 10 years and 11 months ago

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I’d try to get action for ‘hazardous condition’ from ECB. You could also ask for help from your Community Board & Landmarks if you’re in a Landmark area. Something similar happened near me a few years ago &, indeed, the entire structure had to be dismantled.