Question about building codes??

Hey kaki,

Here are a few starting points:

You need to get the exact address and block/lot of the property and check out the DOB application for that building. Find out the existing zoning and if their was a a proposed change - if required. ( reconsideration application)

1. Yes, it is possible that a more modern looking building can be built on your block with DOB approval and even without community board approval - even if it is ugly. I would check to see which process they used to get permits for the building. if it was self-certified ( did not go through DOB but was stamped by and architect/ engineer) it is possible the DOB did not review it. you should check online to see if they did. This is the process Mr. Scarano used and was able to slide a lot of crap built quickly. He was ultimately caught by DOB audits, but many are not caught and continue to build illegal structures. people also take advantage of the language and try to manipulate it (the large extending balconies in the new Williamsburg buildings are an example).

2. Depending on zoning in your area/ block, it is possible that the balconies are legal -but 7 feet sounds suspicious. The most you can usually project over a property line is 3 feet or so and that is for an awning, etc. Fire escapes are also covered in NYC code/ zoning.
you have a right to see ALL of the drawings submitted to DOB and can pay for prints at the Brooklyn DOB (you have to pay) and I would ask for all architectural plans showing dimensions. I would also ask for the zoning/ code sheets in the front of the set, typically.

3. The building is changing its use and occupancy (and possible egress) if it is being converted from a single family residence to multi-family. The entire Certificate of Occupancy is being changed and you should check to see if the occupancy being proposed/ built is legal or accurate (if DOB has not reviewed it already).

4. Views , while valuable to many, are not protected by code and a person has the right to max out their site per zoning regardless of the view they block. this is where a community board comes in. Trump and others in Manhattan kill views all the time with ugly garbage.

5. Unfortunately, if you don't have a strong community board or live in a registered historic district, "ugly" or non conforming buildings - even colors- can't be prevented completely. This is why so many newer, ugly buildings are going up like weeds. The people that lived in this neighborhood for decades should have formed a more cohesive community board that reviews new buildings, but many do not consider architecture a consideration in a community until it is too late. Developers and savvy homeowners are taking advantage of the speed of the process and opportunity to cash in; its the American way

Those are just a few starting points. I would find out if everything is in legal order first.

FYI

Here is some info:
from the DOB website:

Location: Block: 1151 Lot(s): 27 BIN: 3028410 C.B.No: 308
Apt No: Use: OTHER
SPECIFIC FLOORS: 001 002 003 004 005

Work Types Submitted: PL-OT
OT DESCRIPTION: GC

Current Applicant of Record: GEORGE R RESTIVO Phone: 516-764-0597
RESTIVO ARCHITECTS
74 ALHAMBRA DR., OCEANSIDE, NY 11572
Professional Title: RA License Number: 26707
D-14 Applicant of Record: NOT APPLICABLE Phone:

Filing Representative: RUDERMAN HERBERT Phone: 718-331-1222
RUDERMAN ARCHITECTS
32 COURT STREET, BROOKLYN, NY 11201

Last Action: PERMIT ISSUED - ENTIRE JOB/WORK 07/17/2007 (R)

Pre-Filed: 04/02/2007 Date Filed: 04/10/2007
Fees: STANDARD Estimated Total Cost: $100,000.00 PC Filed: Y

Change to C. of O: ROOM COUNT
ENLARGEMENT: VERTICAL ENL. SQ. FOOTAGE: 511
Structural Stability Affected: N C of O Status: NEW Partial Demo: N

Additional Considerations:

Directive 14: N Old Code: Y Quality Housing: N Site Safety: N
Infill Zoning: N Loft Review: N Single Room Occupancy: N
Declaration: Page: Reel:
Adult Establishment: N
Little 'E' Restrictions: N/A Landmark: N


Job Description:
ERECT NEW VERTICAL EXTENSION AT 5TH FLOOR. PARTITION CHANGES. PLUMBING CHANGES

Plans Submitted: ZO - AR - ST - PL
Occupancy Classification: Existing: RES - RESID. BLDG - OLD CODE MULT DWELL: HAEA
Proposed: RES - RESID. BLDG - OLD CODE
Construction Classification: EXIST OLD CODE: 3 PROP OLD CODE: 3

Zoning District: R6B - GENERAL RESIDENCE DISTRICT
Special District: NONE
Street Status: PUBLIC - LEGAL WIDTH 70
Map No.: 016C

Building Dimension: No. Stories: 5 Street Frontage:
Height: 45 Dwelling Units: 4
Total Gross Area of Building: 6,639 Sq. Ft. Fill:
Site Area Characteristics: FIRE DIST.
Open Spaces: Plaza: Arcade:
Parking: Loading Berths:
Parking Spaces: Loading Berths:

Fire Protection Equipment: SD:
SP:
FA:

Metes and Bounds:
Beginning at a point on the SOUTH side of ST MARKS AVE
Distant 376.25 Ft. WEST of the corner formed by the intersection of VANDERBILT AVE and ST MARKS AVE
RUNNING THENCE W 19 . 67 FT. THENCE S 131 FT.
RUNNING THENCE E 19 . 67 FT. THENCE N 131 FT.



Owner: CORPORATION Non-Profit Flag: N
GIGLIO WILLIAM OFFICER
190 ST MARKS LLC 830 HOWARD AVE 718 816 - 9609
SI NY 10301
OCCUPANCY CERTIFICATION: N
OCCUPANCY NOTIFICATION: N

CORPORATION:
GIGLIO WILLIAM OFFICER
830 HOWARD AVE SI NY 10301 718 816 - 9609
Comments for Document 01:
I hereby state that I have exercised a professional standard of care in
certifying that the filed application is complete and in accordance with
applicable laws, including the rules of the Department of Buildings, as of
this date. I am aware the Commissioner will rely upon the truth and
accuracy of this statement. I have notified the owner that this
application has been professionally certified. If an audit or other exam
discloses non-compliance, I agree to notify the owner of the remedial
measures that must be taken to meet legal requirements. I further realize
that any misrepresentation or falsification of facts made knowingly or
negligently by me, my agents or employees, or by others with my knowledge,
will render me liable for legal and disciplinary action by the Department
of Buildings and other appropriate authorities, including termination of
participation in the professional certification procedures at the
Department of Buildings.

It was self certified (see bold) - and NOT reviewed by a DOB plan examiner. You should be able to take this to Brooklyn DOB and ask for drawings and if you want, ask an examiner to audit it and review it for zoning compliance. you can even use the NYC.gov website to file a complaint. or request an audit.

It looks like it was approved for permit by DOB but was NOT reviewed by them already so....

Unfortunately we may be stuck with it unless they are building non conforming work (doesn't follow the drawings submitted).

Give it a shot if it looks fishy. Most things that look fishy, usually are in some way or another...