Scarano and The Washington on... wait for it...
RE: Scarono: What a scumbag
http://www.brooklynpapers.com/html/issues/_vol29/29_45/29_45nets3.html
And it’s all legal!
Scarano uses sleight of hand, plywood to beat zoning laws
A plywood stage inside this bedroom shaved enough square footage off architect Robert Scarano’s oversized condo to get city approval.
By Dana Rubinstein
The Brooklyn Papers
Brooklyn architect Robert Scarano is the consummate survivor.
The city’s investigation into his eyebrow-raising building practices — which led him to surrender the right to certify his own buildings in August — may have crimped his style, but it hasn’t stopped him from turning a profit.
“The Washington†in Prospect Heights, Scarano’s chichi seven-story, 45-unit building on Washington and Underhill avenues, is nearly sold out, even though some of the apartments have been jury-rigged to reduce total square footage and meet city zoning requirements.
By order of the Department of Buildings, Scarano has converted a number of the building’s high-ceilinged rooms into five-foot-tall crawl spaces with the installation of plywood platforms. (So-called “mezzanines†under five feet tall don’t have to be included in the building’s overall square footage.)
The result, said one potential buyer, is an awkward, unusable space in an otherwise luxurious building that boasts a Zen garden and private gym.
“Imagine you can’t walk into a room, but instead have to hop onto a platform,†he said. “I’m six feet tall and would slam my head against the ceiling.â€
Roslyn Huebener, of Aguayo and Huebener Realty, which is brokering the condo sales, told The Brooklyn Papers that the apartments have been selling like hotcakes — or like apartments that don’t have odd plywood structures in the bedroom.
“There aren’t many left,†said Huebener. “The apartments sold immediately and quickly. Are they desirable? Absolutely.â€
The mostly two-bedroom apartments have sold for between $500,000 and $700,000, she said.
That’s not all that surprising, given that it’s common practice for new owners to modify their property — in this case, by ripping out “floors†— once the inspectors have left.
“I would absolutely expect [them to take out the floors],†said Kenneth Freeman, a sales director for Massey Knakal Realty. “It’s a lot like when you see artist lofts for sale, and they’re not allowed to install a shower or a stove. But of course, once you buy it, who’s gonna stop you? And when you want to sell it, nobody’s going to raise a red flag. The certificate of occupancy doesn’t list square footage.â€
This is Scarano’s latest architectural sleight of hand in a career marked by both creativity and a crafty manipulation of zoning requirements.
As The Brooklyn Papers reported in April, Scarano pioneered the inclusion of “mezzanines†in his building plans to get around square footage limits.
After the construction on The Washington began two years ago, Scarano came under the scrutiny of the city Department of Buildings [DOB] for repeatedly “over-building†his developments by misrepresenting his building plans.
In August, under pressure from the Department of Buildings, he surrendered his privilege to self-certify his projects. At the time, The Washington construction was well under way, so Scarano had to pave over his mistakes.
Scarano obeyed, and was awarded a temporary certificate of occupancy on Nov. 9. But the Department of Buildings is not obligated to renew the certificate on Dec. 9, when it expires, if it finds the building isn’t up to code.
Scarano defended his work.
“People do not have their facts in order as usual,†he said. “This height makes the level free of floor area. End of story.â€
http://www.brooklynpapers.com/html/issues/_vol29/29_45/29_45nets3.html
And it’s all legal!
Scarano uses sleight of hand, plywood to beat zoning laws
A plywood stage inside this bedroom shaved enough square footage off architect Robert Scarano’s oversized condo to get city approval.
By Dana Rubinstein
The Brooklyn Papers
Brooklyn architect Robert Scarano is the consummate survivor.
The city’s investigation into his eyebrow-raising building practices — which led him to surrender the right to certify his own buildings in August — may have crimped his style, but it hasn’t stopped him from turning a profit.
“The Washington†in Prospect Heights, Scarano’s chichi seven-story, 45-unit building on Washington and Underhill avenues, is nearly sold out, even though some of the apartments have been jury-rigged to reduce total square footage and meet city zoning requirements.
By order of the Department of Buildings, Scarano has converted a number of the building’s high-ceilinged rooms into five-foot-tall crawl spaces with the installation of plywood platforms. (So-called “mezzanines†under five feet tall don’t have to be included in the building’s overall square footage.)
The result, said one potential buyer, is an awkward, unusable space in an otherwise luxurious building that boasts a Zen garden and private gym.
“Imagine you can’t walk into a room, but instead have to hop onto a platform,†he said. “I’m six feet tall and would slam my head against the ceiling.â€
Roslyn Huebener, of Aguayo and Huebener Realty, which is brokering the condo sales, told The Brooklyn Papers that the apartments have been selling like hotcakes — or like apartments that don’t have odd plywood structures in the bedroom.
“There aren’t many left,†said Huebener. “The apartments sold immediately and quickly. Are they desirable? Absolutely.â€
The mostly two-bedroom apartments have sold for between $500,000 and $700,000, she said.
That’s not all that surprising, given that it’s common practice for new owners to modify their property — in this case, by ripping out “floors†— once the inspectors have left.
“I would absolutely expect [them to take out the floors],†said Kenneth Freeman, a sales director for Massey Knakal Realty. “It’s a lot like when you see artist lofts for sale, and they’re not allowed to install a shower or a stove. But of course, once you buy it, who’s gonna stop you? And when you want to sell it, nobody’s going to raise a red flag. The certificate of occupancy doesn’t list square footage.â€
This is Scarano’s latest architectural sleight of hand in a career marked by both creativity and a crafty manipulation of zoning requirements.
As The Brooklyn Papers reported in April, Scarano pioneered the inclusion of “mezzanines†in his building plans to get around square footage limits.
After the construction on The Washington began two years ago, Scarano came under the scrutiny of the city Department of Buildings [DOB] for repeatedly “over-building†his developments by misrepresenting his building plans.
In August, under pressure from the Department of Buildings, he surrendered his privilege to self-certify his projects. At the time, The Washington construction was well under way, so Scarano had to pave over his mistakes.
Scarano obeyed, and was awarded a temporary certificate of occupancy on Nov. 9. But the Department of Buildings is not obligated to renew the certificate on Dec. 9, when it expires, if it finds the building isn’t up to code.
Scarano defended his work.
“People do not have their facts in order as usual,†he said. “This height makes the level free of floor area. End of story.â€
Comments
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Re: Scarono: What a scumbag
The article didn't really hit home until I followed the linked and saw what they were referring to...
What a joke - he's making the DOB look like fools. I would do everything in my power to make it tough for him to work in this city again, if I were them... -
I don't get what that has to do with this thread, though.
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Emily wrote: I don't get what that has to do with this thread, though.
Nothing. Tangent of a tangent. -
WhyFi wrote: What a joke - he's making the DOB look like fools.
In fairness, the DOB makes itself look like a bunch of fools. None of this plywood crap would be necessary if it weren't for ridiculous zoning regulations. -
Yes, it was a tangent from one of WhyFi's posts. We go tangent sometimes. But thanks for relocating it here - it DOES deserve its own topic heading. I should have posted the picture too.
This is so comical, tragic and clever. But it will hurt others down the line when the zoning resolution is revised. And yes, it IS ridiculous: 3 - +14x20 volumes of confusing gibberish - that still allow this to happen.
Until serious monetary penalties are imposed (forcing the owner + architect to pay a yearly fee for the violation for the LIFE of the building) this will continue to happen. Scarano is the biggest offender in Brooklyn but there are others.
And lastly - Yes, the people at the DOB, NYCHA, ECB and HPD are completely beyond hope and those agencies should be completely gutted.
Oh the stories I could tell. It should be a reality TV show - and you would watch for the comic value. -
SevenOneEighty wrote: Yes, it was a tangent from one of WhyFi's posts. We go tangent sometimes.
This is a blatant cover-up for one of 20+ buildings Scarano attempted to pull the wool over the DOB's and public's eyes by skirting FAR and zoning regulations. Since then he has forfeited his professional certification license...though he's still getting away w/ deception. Just a different level.
Until serious monetary penalties are imposed (forcing the owner + architect to pay a yearly fee for the violation for the LIFE of the building) this will continue to happen. Scarano is the biggest offender in Brooklyn but there are others.
If you want to point fingers, definitely start with Mr. Scarano, then the developer, then the DOB (shame on Comm. Mossad) but ultimately point the finger at the folks that are going to by these condos, rip out the "fix" to the illegal mezzanines and benefit from one architect and developer's illegal activities and DOB's cover up of a problem...rather than making them fix it by taking OUT the mezzanines.
Hey, but this is biz as usual in Brooklyn. :evil: -
That's some funny stuff right there. That condo would be the perfect place to host this years New Year's Eve Midget Spectacular!
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Especially if they are carpenters...
"Hey, look what Santa brought us! 3 more feet of ceiling height!!!" -
lostingreenwoodhts wrote: ultimately point the finger at the folks that are going to by these condos, rip out the "fix" to the illegal mezzanines and benefit from one architect and developer's illegal activities and DOB's cover up of a problem...rather than making them fix it by taking OUT the mezzanines.
Remind me how society is hurt by the violation of these zoning ordinances? I hadn't noticed my life having been negatively affected by the existence of *gasp* more square footage than allowed by some statute!! Oh, the horror!
Hey, but this is biz as usual in Brooklyn. :evil: -
Escap, you are right.
In a way, this also points out the absurdity and complexity of some of the NYC zoning resolution. The main purpose of the NYCZR is to have some control over the built environment so that new york doesn't end up looking like Houston, Texas (there is no Zoning in Houston: an office building next to single family residential, etc.). Many people love it, of course But like the US tax code, it has become so convoluted with rules and regulations that do nothing but make matters worse, if not just more confusing.
I guess the same question could be asked about how someone cheating on their business expenses in the taxes hurts you...? It is a stretch I admit but you see what I mean...?
The same zoning ordinance also prevents someone from building a Wendy's or Gas station next to your home too. ( Although some people wouldn't mind).
Remember, Scarano still may not get DOB approval for this "solution" come December, but I have to give him credit, he's a survivor. But if it doesn't work, those new owners will still be without a C of O and that is a big problem ( you cannot sell your place, for one). I do wonder what the new laws will be because of his actions. -
if i was the buyers tear out the wood platform when they buy it get a extra room since the extra room was built in.
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SevenOneEighty wrote: In a way, this also points out the absurdity and complexity of some of the NYC zoning resolution. The main purpose of the NYCZR is to have some control over the built environment so that new york doesn't end up looking like Houston, Texas (there is no Zoning in Houston: an office building next to single family residential, etc.). Many people love it, of course But like the US tax code, it has become so convoluted with rules and regulations that do nothing but make matters worse, if not just more confusing.
Houston may not have official, metro-area zoning regulations but between historic districts and use of easements and other deed or plot-based property law tricks. these, of course, are mainly done by the wealthy to protect their property value and to keep "undesireables" out: Tanglewood, for instance, has some (thankfully unenforcable) anti-semetic restrictions on land sales. -
7180, I'm not opposed to zoning in general, just idiotic zoning (as defined by me). I'd support laws that, for example, blocked a sulfur plant from opening next to my house, and also laws that designate areas as commercial, industrial, or residential, etc. Your example of cheating on taxes is completely different, as that money is supposed to go into a communal pool that (in theory at least) benefits "all of us". But this particular law seems ridiculously picayune. When you start getting into disputes over the amount of square feet in a room you've sacrificed the spirit of the law for the letter of the law. There's no substantial change being made that benefits society when all you have to do is throw some plywood in and artificially adjust the interior space--in fact you're actually hurting a lot of people (the buyers, surrounding businesses who may sell their merchandise to the residents, employees of the building, etc.) by forcing the continued delay of the opening of these units for no good reason.
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i can't say this is a horrible situation in the scheme of things, esp when some brother was killed with 50 bullets on his wedding day, but it does cause yuppies to continue paying rent when they could be creating equity in their apts, having their lives stalled while they live in dinky one bedrooms while the rest of their limited edition sneaker collections are collecting dust in a ghetto storage place in dumbo, not being able to go on snowboard vacations because money is locked up in escrow, etc.
so no, it doesn't hurt society, but dirtbags like scarano thumb their noses at the dob authorities. -
BACK ON TOPIC:
Depends on your grasp of your "life" vs. "others" and how this A-Hole and others have run rough-shod over MANY folks lives.
Thus a subjective vs. objective POV, yes?
I'll trade you some first hand experience... -
Escap,
Gotta disagree with you on the taxes vs. built environment and which is more important. The built environment effects everyone as well - just like a communal pool of tax dollars....
Architecture, proper urban planning, scaling of building and developments are important to maintain. One man's sulfur factory is another man's neighbor blocking his sunlight. (this is one of the issues with the Ratner deal)
The point is: Scarano's building is too big by the letter and spirit of the law. He is TRYING to get away with using the letter of the law by saying "dont count this floor area". he may or may not succeed.
We are all effected by Zoning. I can say many of us choose to live wher we live, indireclty, because of zoning.and how if influences the neighborhood and community..or we would live in the suburbs somewhere and not the residential district we live in....
This is a bit philosophical, but Escap's comments point out how unfortunate it is that we dont really think of the built environment as something important to value - even though it effects all of us every day.
And it is also why America's (and now new Europe's) built environments (typical suburban sprawl with big box, 8 lane strips, TGI Fridays) are so...ugly, uninviting ( unless you are in a car) and developer controlled. Americans typically don't that much - as long as they can get to it, park and buy. There are economics here at play and a number of other issues, but because we typically have no value applied to our (newer) built environments culturally (aside from convenience), we end up with...
I have to blame my profession, Architecture, for a great deal of the demise of our landscapes. We have removed ourselves from the discussion of the greater good and commuity development - mostly for financial reason. Unfortunately, we are all bitcehs for the developers - for better or for worse.
Again, Scarano still may not get approval for this...We will know in a few weeks... -
sorry - duplicate post!
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Well, he's been told to bring it up to code now:
City to Scarano: Get buildings up to code
By Dana Rubinstein
The Brooklyn Papers
The city will prohibit some residents from moving into a building designed by Robert Scarano if Brooklyn’s bad-boy architect does not bring their units up to code.
Following The Brooklyn Papers’ front-page story on Scarano’s latest design troubles, the Department of Buildings said it would block buyers from moving into several apartments in “the Washington,†a new seven-floor, 45-unit Prospect Heights building, unless Scarano rebuilds their flimsy plywood mezzanines with permanent materials.
Scarano installed such wood platforms in many of the building’s bedrooms to shave off excess usable square footage.
The move did get Scarano around current zoning laws, but the shoddy construction did not get him past the building code, which requires steel and concrete constructions.
“The mezzanines do not comply with the department’s requirements,†said Jennifer Givner, a Buildings spokeswoman.
Some speculated that Scarano’s use of plywood was intentional, allowing future co-op owners to easily tear it out once the sales were complete and the Buildings Department had granted the required “certificate of occupancy.â€
But Scarano took issue with the notion that this was “some kind of grandiose scheme to defraud.â€
“The work [on the mezzanines] wasn’t completed,†said Scarano. “Now there’s concrete.â€
Givner, the Buildings spokeswoman, did say the department may allow tenants to occupy apartments that do not have the “Scaranozines.†But, that angered some would-be buyers, who said the action would penalize buyers, not Scarano.
“Now people will be forced to close on their apartments or lose their deposits, without knowing if the building [is entirely up to code],†said one prospective buyer, who didn’t want to be named.
“The best thing would be if no [one was allowed to occupy the building] until everything is in compliance.â€
Scarano isn’t entirely unsympathetic to their plight, calling his mezzanine modifications “unfortunate for the buyers,†but he did point out that only one of the mezzanine apartments actually has a buyer at this point.
“The rest have been pulled off market,†said Scarano.
Scarano, who calls himself the architect of “New Brooklyn,†has completed 75 buildings in Brooklyn and 400 citywide. Another 200 are in the works.
He argues that his work has paved the way for the transformation of countless neighborhoods, including the Washington’s Prospect Heights.
“That building pretty much cemented the neighborhood in terms of its jumpstart,†said Scarano.
But his pioneering instincts haven’t saved him from run-ins with the Buildings Department.
Earlier this year, he agreed to surrender the right to certify his own designs on the grounds that he misrepresented some building plans.
City Councilwoman Letitia James, who’s been involved in the latest brouhaha, thinks these most recent developments should be the last straw.
“Scarano needs to be brought up on disciplinary charges,†said James (D-Prospect Heights). “He does shoddy work. He overbuilds.â€
“The only solution as far as I’m concerned is to revoke his license.†-
So, I guess the plywood boxes weren't the fix Mr. S was looking for the DOB to approve. I still cannot believe such a stunt was tried as a blatant disregard for DOB bylaws (if the mezzanines weren't that in the first place). Well, DOB has spoken (and I hope will enforce), that Mr. S MUST build up the illegal mezzanines using steel and concrete and bring his "mess-anines" up to code.
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7180, I'm not opposed to all zoning by any means. I wholly agree with you that zoning is important, and that the architecture and scale in a community affects the general atmosphere, personality and desirability of an area. I was under the impression that the issue with this particular building was one of excruciatingly picayune detail, not a substantive issue like building a 20 story bldg instead of 5 stories, but rather the difference btwn a few square feet within some apts, etc. In other words, not the type of difference that would affect the surrounding community at all.
I would also add that by definition the way a government chooses to draft its zoning laws is completely subjective. I, for example, really like the look and atmosphere of tall, modern buildings, so an area that was zoned as such would be enormously appealing to me. "Low-rise" areas hold little appeal for me, and while I appreciate the historic charm of my block, I would also enjoy living in a brand new Meier-esque building that didn't suffer from the age-related creaks and cracks that my building does. Obviously, this is just my opinion--but zoning decisions essentially come down to taste, so they're bound to fluctuate with popular opinion. -
that's the second time you've used picayune in a few days...
for those that are anal like me and had to look it up to be sure:
http://encarta.msn.com/dictionary_/picayune.html -
escap wrote: I was under the impression that the issue with this particular building was one of excruciatingly picayune detail, not a substantive issue like building a 20 story bldg instead of 5 stories, but rather the difference btwn a few square feet within some apts, etc. In other words, not the type of difference that would affect the surrounding community at all.
Pulling numbers out of my ass, but how does it not effect the community if a bunch of developers start taking the materials and space that could house 50 families and use it to only house 40? Multiply that by the numbers of condos going up in the BK and it's significant. Not saying whether it's good or bad, but it's significant. Beyond that, if they don't draw the line somewhere, where do they draw the line? 'Well, it's only over on square footage by 15%... we'll let it slide' If that 15% is okay, why not another 15 or 20% on top of that figure? -
The way I see it: FAR rules have a more important function than aesthetic considerations. What matters is whether the investment in public infrastructure can keep pace with private development. Whether it's 40 or 50 new units, Fedders Special or Scarano or Meier, it adds that many people to the area on a lot which was previously underutilized. Which is what we want as it increases supply and lowers prices overall for people who are struggling to rent or buy. And higher density when effectively infrastructured brings many advantages, which is why we choose to live in the city. But it's bad for everyone if the city isn't planning and taxing and investing enough to keep pace with what the developers can build and sell, thus overbuilding with respect to plans and projections lowers the quality of life in the neighborhood. In this sense, floor area is a rough way of controlling how many people move in, and if it's the only available blunt instrument it ought to be adhered to strictly, under the assumption that the city has a reasonable grasp of the big picture and is trying to plan and allocate its infrastructure budget in step with who needs what where most as densities rise. Development should ideally be as fast as possible under the twin limitations of what the market can bear and the city can support.
One way to bring market forces to bear on the problem and provide a bit of flexibility would be to not set allowable FAR as a hard limit, but tax any extra over the limit at a much higher rate; developers and buyers can decide for themselves if they want a 10% larger space at e.g. 5 times the tax for that proportion, and any extra revenue can be plowed back into extra services. You could have a 30-year tax anti-abatement on new construction over allowable FAR. If the rich want to live in supersized condos in out of scale buildings round the corner from me, then by all means, as long as the rest of us get commensurate upgrades to the schools, parks, roads, transport, policing, etc. -
Doctorj, that's an interesting alternative.
7180, I don't think there's a shortage of building materials, is there? I don't think that building extra square footage is going to deprive other developers of the concrete and steel they need. And the best way to reduce material costs is to get rid of senseless import tariffs, but that's really a tangent from this thread.
Anyway, perhaps I misunderstood Scarano's antics. I guess he was in fact in blatant violation of overall size regulations, whereas I was under the impression it was more of a meaningless, technical issue that was solved by this silly plywood tactic. Either way, the surrounding community is not helped or hurt by the existence of that plywood, or lack thereof. It only affects the residents of those apts themselves. So, unless the city is going to force demolition or major construction on the building to bring it in line, I'd say the more appropriate measure is to fine Scarano, strip him of his license, or impose some other punishment on him directly. The buyers don't deserve to be punished, which is what is happening. -
There is actually a shortage of building materials. The huge demand for concrete and steel to rebuild after the hurricane season of 2005 has resulted in significant price increases and lack of available building materials. It has started to get better, but larger construction pricies have had to absorb the additional costs as a result.
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homeowner wrote: There is actually a shortage of building materials. The huge demand for concrete and steel to rebuild after the hurricane season of 2005 has resulted in significant price increases and lack of available building materials. It has started to get better, but larger construction pricies have had to absorb the additional costs as a result.
As I recall, this was largely the result of extremely ill-advised prohibitions on importing concrete from Mexico, a measure that has also prevented post-Katrina reconstruction in New Orleans, not to mention the equally ill-advised steel tariffs that Bush and the Republicans inexplicably pushed through.
If the logic is that expensive materials are bad because they discourage development, then how does it make sense to discourage development in order to reduce the prices!!!????! :roll: :roll: -
Back on topic to all y'all...WHAT HE DID WAS ILLEGAL! In DOB's eyes and the publics. Who care the number of units (well, I do), it is blatant and flagrant "screw you" to the DOB bylaws. Criminal in my opinion...bad enough scofflaw architects, contractors and developers try to get way with it, worse that DOB has allowed them to skirt by...until the press gets involved.
So, escap, DrJ, ltjbukem and the rest...clear and simple principal here: Do we allow folks to break the law with out punishment? Do we allow folks to benefit from this (developers or buyers)?
Only time and a good conscious will prevail. -
Like I said, because he broke the law he should be punished, in whatever way the law specifies. But the buyers should not be punished--how is it their fault?
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escap wrote: Like I said, because he broke the law he should be punished, in whatever way the law specifies. But the buyers should not be punished--how is it their fault?
Come on - if you buy a TV off the back of a truck, you gotta know that something is up, just as you would when buying a home with a massive plywood structure in the bedroom.
That being said, I understand that there are several units in the Washington that don't have those structures and that many of them are already sold... those people are in limbo and I don't know that there was necessarily any way that they would have known. Sucks for them, big time. I wonder if any of them have considered getting together and suing for their money back and then some - lost interest, rent/mortgage costs on their current dwelling, lost RE opportunities while their money has been tied up in this fiasco, etc, etc. -
escap wrote: Like I said, because he broke the law he should be punished, in whatever way the law specifies. But the buyers should not be punished--how is it their fault?
NY is structured as a buyer-beware state. There is no obligation to reveal defects; people here must understand this and do their due diligence. Or, they should advocate to change the laws.
Perhaps there should be pressure instead to refund deposits.
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