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Over the summer I showcased the illegal construction of a new home on a large lot that was completely walling up the windows of the neighboring house.  This illegal construction has been going on for years and has roughly 70 complaints and 20 violations on it…this is because they were apparently never approved to build a whole new house or building of any kind.

As you can see, the wall has been illegally built up to the neighboring house.

Sources of mine informed me that someone on the construction side actually pushed the air conditioner of the neighboring house inside without the permission and withouth the beforehand knowledge of the family that was inside!

Bottom line, the people who are behind this illegal activity have a special place in hell waiting for them - pitch forks, fire, and deathly screams for all eternity is waiting!

Anyway, these sources ever so kindly filled me in on the scoop as to what is now going on with this illegal activity…

• The case is building against Robert & Cheryl Cunningham, who have a home with a large side yard at 123 87th Street, Brooklyn, NY 11209, Block - 6042, Lot - 67.  There is BSA Case# 292-08A over this illegal and mind blowing stupid and rude construction.
• Cunningham is an expediter and works down at the Department of Buildings on jobs.  He knew that he would be DENIED plans if he filed a proper Altercation Type 1 which must be “scrubbed” by a plan examiner at DOB.  He used a loophole in the system where his Architect Michael Mazzella could file a “Self Certified” Alteration Type 2 for repair work - an engineer or architect is allowed to “approve” their own plans in good faith that the did the proper due diligence with regards to Zoning & Surveys, etc.
• When the “shortcut” of building a whole new house on the lot was brought to Commissioner Mossad from the Brooklyn DOB, he IMMEDIATELY REVOKED the Cunningham’s permit and felt so strongly against the development that he issued Criminal Court Violations against Cunningham.
• My sources have recently found out that The Office of Professional Discipline (State Licensing Agency) has completed an investigation of Architect Michael Mazzella and have turned the case over to the Prosecution Division for malpractice when they VIOLATED the R3-1 Zoning - which requires a MANDATORY 8 foot side yard.
• Cunningham went back to Commissioner Mossad for a “reconsideration or reinterpretation” of the R3-1 Zoning and was DENIED.  Cunningham then went to Fatma Amer who is the Chief Code Engineer for NYC and she also DENIED his reconsideration attempt based on the obvious.
• Instead of conceding and fixing the problem he created, Cunningham has now applied to the Board of Standards and Appeals for a reconsideration or reinterpretation of the R3-1 Zoning which he has VIOLATED - he is scheduled to appear in front of that board on March 17, 2009.
• Sources say that Cunningham claims that the brick/stucco of the neighboring house of which he has built an illegal wall up against is a “common or party wall” - this despite that the fact that the house was built as a free standing house in the 1930s, with 9 windows on the side, one of which is a period piece stained glass, and was NEVER a common or party wall and never shared or touched his house or even his property line.
• The Cunningham construction has illegally attached itself to the foundation of the neighboring house without permission, which shows that his construction is ENCROACHING onto the neighboring property and is actually resting dangerously on something called an “Inverted T” footing that was never engineered to carry the eccentric load he has now imposed on it.

Long time residents of the block are all against the Cunningham’s activity and have opposed the recent BSA reconsideration.  Community Board 10 and numerous elected officials are behind the neighbors fight against the Cunningham blight.

Neighbors are also looking for support from the neighborhood and the city alike against the Cunningham construction will show great influence on the BSA decision.

Neighbors are hoping some of us would consider writing a letter of opposition to the BSA and Board - some bullet points are:

• Opposition for any reconsideration or reinterpretation of R3-1 Zoning, which requires a MANDATORY 8 foot side yard.
• The address of the illegal activity is Cunningham, 123 87th Street, Brooklyn, NY 11209, BSA Application # 292-08A, Block - 6042 at lot 67.
• The illegal construction has negatively impacted our quality of life of neighbors in every aspect including no sunlight or fresh air.
• All neighbors and Community Board 10 members have voiced their opposition to this project.
• The illegal construction has altered the character of the block which has NO row homes and whose residents appreciate living in R3-1 Zoning for that reason.
• Survey and engineer reports confirm the Cunningham construction is ENCROACHING on the neighboring property and is resting DANGEROUSLY on the neighbors footing that was never engineered to carry the eccentric load that the Cunningham construction has imposed on it.
• Walls, beams and all other construction that is partially done should be dismantled and the hole needs to be filled in with dirt.

Letters should be sent to:

Meenakshi Srinivasan, Chair Board of Standards and Appeal
40 Rector Street, 9th Floor
New York, NY 10006

Also, please send a copy of your letter to the rest of the board members below at the same address:

Christopher Collin Vice-Chair

Commissioner Susan M. Hinkson RA

Commissioner Dara Ottley-Brown

Commissioner Eileen Montanez

Executive Director Jeff Milligan

Appeals Examiner Toni Matias

The entire community around the Cunningham catastrophe understand that you are all busy with work, family and other goings on, and would greatly appreciate your help in finally resolving this illegal activity which has put a massive drain on their time and savings over the past few years.