By Charles Hack
After hearing testimony from a packed house, Community Board 7’s Land Use Committee voted to reject applications to extend the time to complete the construction of two developments in recently downzoned areas of South Park Slope and Green-Wood Heights. Impassioned speakers articulated their opposition to two developers that are applying to the Board of Standards & Appeals to complete properties they had started. They had failed to complete foundations before new zoning regulations were approved last November. The meeting was held at Grand Prospect Hall on Prospect Avenue on Feb. 8. It was a show of unity from a community still smarting over the loss of one of its strongest allies, the Green-Wood Cemetery – which had opposed one of the developments because it threatened a historic view of the Statue of Liberty from its grounds. The cemetery owners have since cut a deal with the developers not to oppose the condominium — with a written guarantee that the view would be preserved. But Assemblymember Jim Brennan, Councilmember Bill de Blasio and a representative from Public Advocate Betsy Gotbaum’s office supported the opponents to the developments. The Department of Buildings issued stop-work orders after they had inspected the building foundations and determined that the contractors had not been completed by November 16, 2005, the deadline before the rezoning came into effect. One property, 182 15th St., is planned for an 11-story, 62-unit tower in an area dominated by one- and two- family homes. The other is a five-story, 38-unit condominium complex at 614 7th Avenue, which threatens a view between the 1920s Minerva Statue on Battle Hill and the Statue of Liberty. The hill was the site of a battle that changed the course of the Revolutionary War. Howard Hornstein, from Cozen O’Connor Attorneys, represented both buildings, which have become the poster-children for activists opposed to high-residential development in their neighborhood. In place of Green-Wood Cemetery it was left to historians and preservationists such as former Assemblymember Joe Ferris and Bob Furman of the Four Borough Neighborhood Preservation Alliance, to outline the significance of protecting a historic view from the cemetery across to Lady Liberty. Many speakers were not convinced that the developer would keep its word to protect the view. “I urge you to turn this application down so the heritage of Brooklyn will not be lost,” Furman said. For both buildings, community members spoke of their frustration with the Department of Buildings for failing to respond to complaints in a timely manner. But most anger was directed at the developers for flaunting building codes and generally making life a misery for residents living around the development sites. Ralph Perfetto, an ombudsman at Gotbaum’s office, said that if Department of Buildings inspectors were slow to respond to complaints, it was because their resources were stretched responding to violations by developers. Complaints against the developers included failing to control dust and debris, working outside permitted hours, failing to erect proper hauding to prevent the public entering the site, and work shaking neighboring properties. “Our evenings were spent cleaning filth from our houses,” said Jane Cyphers of 128 16th Street, adding that the developers had not played by the rules. Department of Buildings records show that 182 15th St. has five open violations since 2005 and two Environmental Control Board violations. Twenty-one complaints have been logged against the owner, Global Development. Records also show that 614 7th Ave. has three open Department of Buildings violations and four Environmental Control Board violations. In addition, there have been 62 complaints against the building owner, Emet Veshlom Development. Some said that in a rush to beat the deadline, shortcuts had been taken in creating the foundations, which could threaten the stability of the buildings down the road. Speakers said that City of New York, which will be represented by the BSA in this case, should not reward developers for breaking the rules. “Developers should not be rewarded for their misconduct during construction and development,” said Brennan. Speakers also spoke of the need to preserve the character of the neighborhood, saying that profit and short-term expediency should not supplant the needs of the local community. “Greed should not be the determining factor in what communities want and what communities are,” said Ferris. “Large construction is being imposed on us, scarring the streetscape and breaking up the skyline.” Some talked of the need to protect the integrity of the new zoning law that they had fought so hard to protect. “We need to defend the downzoning battle we fought and won,” said John Keefe legislative aide at Brennan’s office. For his part, Hornstein said that under the law the BSA could grant an appeal if “the excavation was completed and substantial progress made on the foundations.” For 614 7th Ave., the documents supporting the appeal, which were drawn up by Cozen O’Connor Attorneys, state that the foundation was 86 percent complete, with 96 percent of the costs for the foundations already incurred. Hornstein said that the plans for the 7th Avenue property are to build a 68-foot construction. But under the new zoning, the maximum height would be 50-feet, he said. The application for 182 15th St. states that the foundations were nearly complete, with 99.6 percent of concrete poured for the main building and 95.4 percent for an exterior platform. The attorneys also claim that 96 percent of the total costs of the foundations have been incurred. Hornstein said that under the new zoning of R6B, the maximum build height would be four to five stories. Brennan said that the developers could still make a profit on their developments under the new zoning. “There is no hardship of any whatsoever for the developer to comply with the new zoning,” Brennan said. “There is a real estate boom that is going on.” After hearing most of the testimony Hornstein said he had a good case. “The proof that we have is pretty persuasive,” Hornstein said. “In both cases, for 185 15th St. and 614th 7th Ave. we have evidence that meets the burden of proof we need.” Not so, said Aaron Brashear, co-founder of the Concerned Citizens of Green-Wood Heights. “The foundation is not complete, period,” he said.
