Advise on how to handle large scale brownstone renovation next door
We just found out that our next door neighbor is putting a huge addition to his backyard, including an 8.5 foot cellar, 5 floors and and additional 3 floors beyond. We are in the ground floor/basement coop and have half our building’s back yard, which will probably lose enough light that we can’t grow anything, not to mention lowering our property value. Please give advice on what I can do from here — I know I should get on their insurance, but what about things like plugging up holes so rodents can’t come in, dust, lost property value, etc. Should we hire a lawyer to protect ourselves? Is there any recourse. We are in a landmarked district, but despite our protests, they let it go through. They haven’t gotten permits from the Department of Buildings yet, though. Should we protest through that avenue? For what it’s worth, we understand that people are allowed to renovate. This is just extensive and douchey and the underhanded way they went about it (they ar e turning it into an investment property and implied otherwise), I am assured that they will not have our best interests in mind and also that they won’t care about contractor noise/hours, resulting damage, etc.
ParkSlopeRenter
in General Discussion 8 years and 2 months ago
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11 replies
resident2 | 8 years and 1 month ago
Your neighbor has the right to build an extension.
Your Co-Op also has that right if you wanted to.
That said the Co-Op as a whole should probably get legal and architectural consultation on protecting the Co-Ops property. To share costs with the neighbor the other side, may be an efficient way to go.
But to create an antagonistic relationship will only slow the process, raise the costs for all and perhaps cause a bigger problem of abandonment when they run out of money next door. Then you will have a huge white elephant next door that will really devalue your property and peace of mind.
Once all is built and settled, you will have a walled garden with more privacy and a bit more shade… different but not necessarily devalued.
murph | 8 years and 1 month ago
They will excavate in the cellar and expose the common wall(it is your and their wall). This underpinning must be extended downward to keep those sidewalls permanently stable. There is an approved procedure and it must be followed. It all needs to be monitored by an engineer answering to you. Entry must be guaranteed. Remember the sidewalls bear the full load of the building. The facade walls are decorative not weight-bearing. Since huge weight will be added to their structure the subsoil(your and their) may drop immediately or over time.
I’ve seen a brownstone facade crack(at the window openings usually) on State Street and drop as they were building a high rise next door. The structures did not even touch. Nothing improper was being done but it does happen. The contractor was having his crew extend the protective scaffolding to the adjoining property while talking with the lawyers on his cell. This may undermine your structure and lead to an order to evacuate and demolish.
Ask for protective scaffolding to be erect right off on your property. Put DOB & LPC on speed dial. Ask them to put level markers on your facades to alert you to any change/shift. Good luck.
NeoGrec | 8 years and 1 month ago
Bobjbkln offers good advice. I understand why you are mad about the scale of this extension but you need to be practical about the situation and avoid an emotional reaction. Protecting your building and your apartment are the priorities. Currently the LPC is very pro-development and have been greenlighting rear extensions that in the past they may have said no to. If you have questions about the process, you could try approaching either the Park Slope Civic Council or CB6, both of whom would have seen and given an opinion on the original application. Although the ultimate authority lies only with the LPC, these two groups are more accessible and more responsive to local residents than the LPC.
shahnandersen
in General Discussion 8 years and 1 month ago
This is a case where you your board should hire professional help, a lawyer and and engineer. Unfortunately, this will cost real money, but you have a major investment to protect. If the builders need to go on to your property for any reason such as erecting a required construction shed (scaffolding) to protect people from falling debris or to put protection on your roof, DOB will require them to get a signed agreement from you setting out the terms for their access. If so, your lawyer may be able to negotiate for them to pay for some or all of your legal and engineering fees. Good luck.
utoeid | 8 years and 1 month ago
Your neighbor is a pig. For them to construct such an addition without giving a care to the folks on the left and right says there is no good will you can capture from this situation. Try to get a stop/work order and see if they can pay for any engineering to make sure when he digs down and attaches going up that your structure won’t suffer. But such a large edition will put your prop values into the toilet. Best of luck.
brooklynbasics | 8 years and 1 month ago
At this point you and your co-op should take efforts to document the condition of your property before any work is done next door so that there is a record of what it is like before, during and after. Sometimes experts are hired to do this kind of work and record keeping. Sometimes the other party will pay so you both have a independent verifiable record. Sometimes just photos are taken. In any case a record is important to have for all parties.
Your neighbor may also ask for access to your property to track its condition. Legally you may not have to give such access, but if you do not, and there is a record of that communication, that could be useful for the neighbor to prove that they were never allowed to also verify the condition of before, during and after at your property as well and I would imagine that could diminish any concerns you may bring up against them. Disputes happen all the time during this kind of work. Solving them through litigation is a misery for all involved. It is much better to have open lines of communication throughout a renovation process. Fixing a minor mistake (no matter who pays) is often much easier than arguing over it.
If your neighbor is building to the property line it would be appropriate for you to ask them how they intend to gain access to finish off the exterior of their new extension. I believe that neighbors do have the right to access another’s property to do certain kinds of work that couldn’t be done without that access, but I have seen various ways that neighbors work that out. Often one neighbor sees that they may one day have to do similar kind of upkeep by their property line and gives easy permission. If they are working on your property at all I would ask for a COI and proof of workmen’s comp.
Good luck. We live in a crowded city where change seems to happen all the time. Hopefully your rights will be protected during this process. If they are an experienced developer they likely will try to make it as easy for you as possible because neighbor disputes are a hassle all around.
angelique.m.west | 8 years and 2 months ago
I’d suggest you also go right to the DOB website and access all the permits and documentation on this project and print it out. This will help you when if you need to explore this matter further with the community board or landmarks. It will also give you the names and contact info of anyone working on the project, which is handy should something happen in which you need immediate assistance.
Arkady | 8 years and 2 months ago
You might have grounds if they misrepresented as you said. I’d talk to your Community Board & maybe Landmarks again. And Slopey’s right about looking into FAR & other guidelines about the scope of the work. Don’t assume those things were taken into account for the approval.
CarmenR | 8 years and 2 months ago
I mean, you can make their lives miserable through the entire renovation process if you simply want to inflict pain (calling 311 every day should do the trick,) but, at the end of the day, what does that actually get you other than an ulcer? If they’re abiding with DOB regulations in terms of what they’re building, I would suggest just trying to live through it in the nicest way possible. The high road is the road that will help you sleep at night.
slopefarm | 8 years and 2 months ago
What EJR said. But worth making sure as early as you can that their plans and build are in compliance with FAR, height and set back requirements.
EJR | 8 years and 2 months ago
If you think they have violated any laws, rules or regulations in their permitting or renovation process report them to the appropriate authority (Landmarks, DoB, AG’s office, etc.). It seems highly unlikely, however, that you are going to be able to stop this process, however. At best, you will cause delays as well as pissing off the neighbor. Baring the fiction that you will be able to shut down this process, don’t you want it completed as soon as possible? If it were me, I would be nice and ensure you have all appropriate legal protections. Make sure you and/or your coop are a named insured on any and all insurance policies associated with contractors, subs, architects, etc. Take extensive pictures of your property before any work commences as well as during the construction process. This will help support a claim should it come to that. Befriend the workmen who are there day-in and day-out. Bring them cookies, coffee and water. If you have a problem and they’re on your side they will do what they can to help you.
We live in a dense city, and so long as your neighbor is complying with laws and regs, they are free to do what they want with their property.