Monday, March 20, 2006

NY Times: S. 11 St. tenants at risk from potential development

New York Times - Williamsburg Journal
The Good Life on South 11th Street
By COLIN MOYNIHAN
Published: March 15, 2006
For more than a century, the book business flourished inside two brick warehouses on South 11th Street in Williamsburg, Brooklyn, a block from the East River. Since the late 19th century, when the six-story structures were built between Berry Street and Wythe Avenue, they have often been occupied by publishers and presses, both recognized and rarefied.

Jim Fleming and Lewanne Jones, who may have to leave their 2,700-square-foot loft, can remember when the area was so bad that car thieves burned stolen cars in the street after stripping them for parts.
In recent decades, artists and performers moved in, but now they, along with the last remaining book publisher, may have to leave soon.

In the fall of 2004, a real estate concern, DOV Land L.L.C., bought one of the warehouses, which includes 36 spaces in which people live or work. Residents said the new owner made it clear to some of them that it wanted them to move out and began eviction proceedings against others. About three dozen residents in 13 living spaces went on a rent strike, and have withheld their payments for about a year.

Now the tenants are waiting for a decision by a judge in State Supreme Court in Brooklyn, who will determine whether they are protected by rent stabilization laws. If not, then many longtime residents, including an array of artists and artisans, members of two circuses and the last publisher in either warehouse, are likely to have to move.

"If we have to leave this building it'll almost certainly mean leaving New York City," said Jim Fleming, 56, who has lived on the fourth floor of 55-65 South 11th Street since 1982. "Williamsburg has come to be thought of as hip, but we were a bunch of pioneer artists."

While living on South 11th Street, Mr. Fleming started Autonomedia, a nonprofit company that publishes criticism by authors like Dwight MacDonald, Guy Debord and Michel Foucault. Mr. Fleming and his companion, Lewanne Jones, 53, an archivist, live in a 2,700-square-foot loft — with painted wooden floors and homemade wooden shelves holding Mr. Fleming's personal library of 60,000 volumes — for which they had paid $787.35 a month since 1985. Since 1997, Autonomedia has used a space the same size on the second floor, with a rent of about $1,100.

Mr. Fleming and Ms. Jones, who have two children away in college, acknowledged that the rates they paid before joining the rent strike were well below market. They added that although the loft was spacious, life there was far from luxurious. Over the years, they said, they made their own plumbing repairs, paid for their own heat, and navigated streets lined with burned-out buildings. At times in the 1980's, Ms. Jones said, she was awakened by the sound of cars burning in the street outside; she said thieves would bring the cars there, strip them, and set them afire to dispose of them.

"Market rate has been created by the fact that people want to come here because of communities that were created by people like us," she said.

Gerard Proefriedt, a lawyer for the landlord, said his client had tried to negotiate with the tenants but without success.

"Through changes in the neighborhood and inflation and other market forces, the rental values have gone up," Mr. Proefriedt said. "The landlord, like any landlord who owns a building, wants to maximize rental income." Mr. Proefriedt refused to say what his client planned to do with the building. (The landlord also bought the other warehouse across the street, but many of the tenants there are protected by the loft law and cannot be easily evicted.)

While market values on the north side of Williamsburg have been rising for several years, gentrification has taken hold more slowly in this part, the south side. But on Kent Avenue, four blocks from Mr. Fleming's loft, some units in a new 26-story development called Schaeffer Landing are listed at up to $2 million.

More changes could be on the way nearby. Last May, the city approved an ambitious rezoning plan for the Williamsburg and Greenpoint waterfronts that will allow developers to build towers up to 40 stories tall.

Mr. Fleming said the two warehouses on South 11th Street were completed in 1870 and housed McLaughlin Brothers, which at the turn of the 20th century was one of the country's biggest companies making board games and publishing children's books. In the 1930's, he said, the American Book Company, which published school textbooks, moved in.

The cultural history of 55-65 South 11th Street took a more colorful turn as publishing faded. Alan Saret, known as an anti-form artist who makes wire sculptures, lives on the sixth floor, and the painter Jean-Michel Basquiat used a studio there in the 80's, Mr. Fleming said.

Two members of the Bindlestiff Family Cirkus live in rooms they built in the Autonomedia space on the second floor. On the floor above Mr. Fleming live Cindy Greenberg and Jennifer Miller, both members of the Circus Amok. Next door to them lives Gary Fierer, the singer in a band called Primordial Ooze.

On Thursday afternoon, Ms. Greenberg, 37, stood in her 1,500-square-foot loft, for which she and Ms. Miller were paying $450 a month. A trapeze hung from bolts in the ceiling and a closet was crammed with costumes and props.

At times, the story of 55-65 South 11th Street has inspired performances. Ms. Greenberg said the circus performed a series of shows last year about a magical cat that comes to the aid of embattled tenants.

"This is the headquarters, the storage, the rehearsal space, the living space," she said, noting that the circus is able to perform free because of the low overhead. "If we get kicked out, the question of whether we'll be able to keep the circus going is up in the air."

Friday, February 24, 2006

Good news: DoB comes back!!

Ken Lazar and Bryan Winter will return to CB1 Public Safety meeting on March 9, at 6.30pm. The meeting will be at the Swinging Sixties Center, corner of Ainslie & Manhattan Ave (glad we have more room, since it was sooo crowded). Bring your stories, pictures, printouts from DoB website, anything to call attention to the epidemic problem of neighbor damage.

Remember, spring is coming and construction will really fire up!

The Williamsburg-Greenpoint Development Watchdog is gathering info for the meeting.

See you there!

Wednesday, February 15, 2006

DoB comes to CB1 Public Safety meeting

Deputy Borough Commissioner Bryan Winter and Ken Lazar of Governmental Affairs came to a meeting with our community.
Few expected the crowd. It packed the small room, and spilled out into the hall. Emotions ran high, and lots of neighbors had sagas of damage by neighboring construction.

Ward Dennis asked the DoB people to introduce themselves. They spoke about how much Brooklyn wants building development, and that it is difficult because of the soft soil here. The homeowners couldn't restrain themselves, so many were so upset by the damage done to their homes. They spoke about chunks of roof falling into their yard, evacuations from homes, harrassment and threats from developers. One neighbor was out of her home for 7 months, only to move back in and find out that the following week next-door developers would be underpinning her home without giving her notice at the address they knew she had been evacuated to. And on and on.

Then Winter and Lazar said that existing community safety was their first priority. But that DoB is reactive, that is, they need a complaint to act.

They were surprised to hear that 311 does not always accept construction complaints and that people can get frustrated with the 311 route. Excessive noise can be a matter for DEP, and they can be called separately. Also complaints can be made to Gerry Esposito or Marie of CB1. We learned that there is one building inspector assigned to CB1, Andy, and that another inspector may come in depending on complaint locations and case load. When immediate safety is an issue, it might be a good idea to call the police.

As general guidelines, construction is allowed from 7am to 6pm M-F. Work at any other time requires a special variance permit for each day. And that variance must be displayed, for Saturday work, by the Thursday before. If any site is working outside of those hours, call 311.

They said homeowners should see plans of neighboring construction.
Winter recommended using DoB's BIS website and the ACRIS system (links at the right on this page). He also suggested oasisnyc.com for the big overhead picture and pshark.com. Also Department of City Planning has a "Zoning Handbook" for $8 which is a good guide for what is permitted by rezoning.

They told us about a pilot safety program, educating contractors in the South Slope area, that seemed to improve things. Peter Gillespie called for the program to go borough wide, since we are in a crisis situation.

DoB asked the community for a list of sites where construction damages neighbors. A list is in the works and will be to them within a week of the meeting. Lazar (and possibly Winter) will return in a month to report.

Diana Reyna's office sent a representative. Yassky's office did not send anyone to the meeting even though they were notified.

Thursday, January 26, 2006

Lentol writes new law to protect neighbors from development damage!!

This just in. According to Cathy Peake, the proposed legislation offers homeowners a quick claim from escrowed money if their property is damaged by adjacent development. AND prevents DoB from issuing violations to neighbors for damage caused by development construction.

Thanks for listening and acting for our community! Let's hope this passes the state legislature and soon.

Here's the press release from their office:

For Release Immediate
Contact person:
Catherine Peake 518-455-4477

Assemblyman Joseph R. Lentol Introduces Bill
To protect Building Owners and Renters

January 25, 2006, Today, Assemblyman Joseph R. Lentol introduced legislation designed to address a serious problem affecting long standing property owners whose property is damaged by contractors building on adjacent property in the City of New York. Assemblyman Lentol said, “I’ve personally witnessed too many examples now where my neighbors wind up spending lots of money and sometimes must leave their homes as well because developers and their contractors caused damage to their existing adjacent properties as the contractors erect new homes and apartments.”

Currently, if a developer or contractor is working on property adjacent to or near an existing parcel and damages the existing property, the owner of the existing damaged building is held liable for correcting any resulting violations to his/her property. Often the New York City Buildings Department, when called to intervene in such disputes, cites the property owner -- whose property was damaged by the contractor -- for Building Code violations despite the fact that the damage was entirely caused by the contractor operating under a permit issued by the Buildings Department. The innocent property owner often gets violations requiring the payment of fines and may have to vacate his/her property until the damage is corrected -- sometimes at great expense. The innocent owner will likely not recover damages. Instead, he/she expends large sums of money on legal fees incurred in a long, drawn out civil suit.

Lentol said, “The City Buildings Department, faced with the aforementioned situation, has created a true bureaucratic “Catch 22”. Often a property owner will witness bad construction practices by a contractor working next door and will report the situation to the Buildings Department. Upon responding to the complaint, the Buildings Department inspector may discover damage to the complainant’s building, caused by the negligent actions of the contractor. You would think the party that did the damage would be cited and fined by the Buildings Department. Such an assumption would be in error. The Buildings Department issues violations against the damaged property. This is not unlike a situation in which a car thief is reported to the police and the owner gets cited for running a red light while the vehicle is in the thief’s possession.”

Lentol continued, ”I am proposing a law to require every developer to pay into an escrow account which would be used for “quick claims” by injured parties, and would create a system of processing these quick claims to allow injured parties, property owners or tenants, to be made whole by negligent contractors in a timely manner. My bill would also prohibit the Buildings Department from issuing fines to property owners who have been victimized by the negligence of those working on adjacent properties.”

Lentol concluded, “The New York City Buildings Department has been unreasonable and inflexible in dealing with these incidents. They occur frequently in Brooklyn and in other locations where development is rampant. I am committed to see that the problem stops, which is why this bill is needed.”

Monday, January 23, 2006

So a developer bought the property next door, Part 2

Step 1
Find out what is going on.

If you can talk with the developer, that's good. Just remember that they will tell you what you want to hear. Expect to hear things like: we're such good guys, we're going to make your building even better, we are very careful, your property will improve, we will (plant flowers, fix your sidewalk, whatever). Remember that they may mean well, but often this is just words. Any reassurance they give you, you can ask them (politely, even) if they will give it to you in writing. Their reaction to this request will tell you a lot about how serious their promises are.

You can and should check with DoB, see link in the sidebar to the right. By entering their address, you can see what permits are applied for and if plans have been filed. To see what zoning allows them to build, go the site for the Department of City Planning.

Step 2
Tell people what is going on and get things in writing if possible. Here's a sample of a first letter to the developer. It gives notice that you are concerned about what will happen and offers them a chance to be responsible.

"Dear (insert their name or names here)

I understand that you are planning construction on the lot at (insert their address here) next to my building. I am concerned that this construction may have an effect on my building. I am particularly concerned to have assurance that you will continuously fulfill your obligation to provide lateral support.

Please consider this letter an ongoing request for information regarding your plans, procedures, contractors, boring logs and methods.

Let us move forward with respect for our legal rights. Please send this information to me at (insert your contact address here)."

Coming soon, how and when to check for progress on demolition permits, look at damage, and more.

Saturday, January 14, 2006

News flash

Here's the flash: I just heard through the grapevine that Scarano has been indicted. I believe it has something to do with the 94 Diamond St, Greenpoint site, where the 2 adjoining neighbor homes collapsed. Interesting, yes? I'm shaking the tree to find out more. Please post if you hear anything.

We are collecting the addresses of buildings affected by next door demo, excavation or construction. We plan on going around next week with a camera and will be posting info soon.

In the meantime, just today someone I know got issued a violation for the crack in their side wall damaged by the demolition next door. So glad they have the engineer's report and lots of photos and video to support their side. But now they, the homeowners, have to fix it. To get the developer to take responsibility, here come the lawyers. How deep are the pockets of the individual homeowner? Enough to match the developers who can pay 7 figures for a building and lot just to knock it down? I doubt it. Ain't that something? There's something wrong with the system that puts a homeowner at fault for the developer's negligence.

The saga continues....

Thursday, January 12, 2006

Trend watching, use the web to keep an eye out

Everyday I hear of a new case of someone's home being threatened by careless development. This is unfortunately a trend in this neighborhood.

If you think a developer is buying or has bought a neighboring property, check it out with the ACRIS link at the right of this page. You can see if the property has been sold and to whom.

If you want to see whether any plans or permits are in the works at the Department of Buildings, go to the DOB link at the right of this page. When you get to the page for the address you are looking at, look at the bottom left section of the page under a gray bar. Where you see Jobs/Filings, you can click right on those words to see a list of what has been filed. Click on any underlined words or numbers to get more details. I go to this DOB site everyday to see what is pending on the lot next door. If you have any questions, call DOB or post us here.