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Behind the scenes we’ve been following the developments of what has been happening with the Bay Ridge Spite Wall and we’ve been reluctant to post anything due to the court system being in process of working - albeit, a court system that cannot actually force the wall to be torn down.

Anyway, here’s an update from Fox 5.

Hopefully the Cunningham’s who are behind the illegal actions of building the wall will go to jail and eventually lose all of their money in the civil courts.

We cannot stress how sad a society we live in that someone can do something so blatantly illegal as this and not be forced by law to reverse what has been done. 

In other jurisdictions, if you build something illegally and finish the job but are later found to have done something illegally i.e. not filed proper permits or lied on the permits you are forced to tear all the work out –  And this is just a great big old clustf*ck of a scene.

Tonight the Community Board 10 Zoning and Land Use Committee will be meeting regarding the illegal construction at 123 87th Street; there will also be an update on illegal curb cuts. 

I wish the agenda would read like this:

1. Discuss the Bay Ridge Bastards’ Spite Wall
2. Update on illegal curb cuts

If you’re interested in seeing the Spite Wall mess getting discussed and maybe, just maybe, receiving a surprise visit from the BRB themselves, check out the 7PM meeting - 8119 5th Avenue is the new location.

I figured that it was about time that the people who built a spite wall up against their neighbor’s home (and on their neighbor’s property) only to then spend years fighting to make the illegal activity legal should get their own moniker. 

I deem the people who live in the house on the left and who are responsible for this hideous mess, the Bay Ridge Bastards!

As one can imagine that when dealing with a bastard, a bastard is going to act like a bastard.

After losing what should have been their final legal opportunity to make the illegal structure legal the Bay Ridge Bastards have come up with a loophole. 

The main problems with the construction is that it goes against zoning code which states that these houses have at least an eight foot clearance on at least one side of them. 

Plus the whole item about the construction attaching itself to the neighboring foundation/property illegally - the house on the right has inches of property that the wall was inappropriately built on.

The Bay Ridge Bastards found what could have been a loophole to keep the illegal wall up by partially demolishing the original house on the lot, aka the home on the left of the photo.

Doing a partial demolition of eight feet on the left sure should be able to skirt around the existing zoning regulations regarding that whole eight feet of clearance, but it would have done nothing to fix the illegal foundation attachment and building on the neighboring property issues - and it would have been a great big f*ck you to the neighbors with whom they have been spiting for years already.

The plan for partial demolition was submitted less than a week after the Bay Ridge Bastards lost in court - go figure! 

Thankfully the Department of Buildings activated some check and balances.  They looked at the plan and realized that the plan wasn’t kosher for what I can only assume to be the following reasons at bare minimum:

1. The plan failed to address any of the violations that 123 87th Street currently has against it.
2. The whole “no asbestos” abatement not being required sounds like 100% BS.
3. The fact that they’re trying to say that the partial demolition of the building is an alteration but not a substantial alteration making it exempt from the ECCCNYS is 100,000% false!

Thank you Department of Buildings for getting it right in a speedy manner.  Please keep your heads up on them as they are some sneaky bastards.

Yesterday afternoon and evening I kept seeing teasers for the Fox 5 News at 10 that kept showing the local Spite Wall.

I am absolutely happy that Fox 5 did a report on this story to give it more public exposure.  I know for a fact that the story came about based off of posts written on good old BeehiveHairdresser and I’m proud that those posts helped garner the attention of a bigger place to help spread the word.

While John Deutzman’s investigative report didn’t cover anything new to the ears of regular Beehive readers, it did bring the story to a much wider audience, and hopefully the ears of Mayor Bloomberg and the people who run the Department of Buildings.

Hopefully they will close the loopholes that helped cause this long, drawn out and unsavory saga; because this shouldn’t have to happen to anyone ever again. 

Seeing as how yesterday Mr. Cunningham lost his final chance to get the illegal construction to continue we now we need to fight for the illegal construction to come down.  He currently faces criminal charges and I assume faces / will be facing civil charges as well. 

Here’s the Fox 5 report.  I found it highly amusing with all of the Cold War Era footage and references.

Cunningham’s photo should be put in the dictionary next to “douche.”

Here’s the link to Deutzman’s blog regarding the report.  I doubt you’ll find anyone over there with sympathy to Cunningham’s fight.

I’ve received word to tune in and watch Fox 5 News at 10 tonight for some much needed continuing public exposure of a cause that I’ve written about time and again on this here site.

John Deutzman, do us proud!

6:55PM UPDATE!!!  I received word that good won out in court today and that the evil wall builder lost in this, his final day in court.  I have also seen that Fox 5 is advertising this story as their tease for the 10 o’clock news today!

On Monday night a campaign worker for Mayor Bloomberg rang my doorbell and asked something to the effect of wondering if there was anything I had on my mind that the mayor should work towards during his campaign and or while in office or over the next four years if he is re-elected. 

I immediately jumped at this opportunity and replied, “He needs to do something with the Department of Buildings.” 

The campaign worker said that this was a first for her ears in Bay Ridge, stating that most people have been complaining about getting parking tickets along the avenues. 

I explained to her how 99% of the time those people deserve those parking tickets. 

For some reason most everyone who drives in Bay Ridge think that they have the right to double and triple park on the main business thoroughfares because “It’s just me.” while they go inside and shop; while others sit in an illegally parked car and refuse to move when the ticket agent asks repeatedly.

Whatever the reasons may be, driving along 3rd and 5th Avenues can appear to be a back and forth S drive going back and forth over the double yellow lines in order to get around all of the illegally parked cars. 

Due to all of this activity I enjoy seeing illegally parked cars getting those ticket while blocking fire hydrants, bus stops, and the basic right of way that the avenue is supposed to have.

Anyway, back to the Department of Buildings…

The Department of Buildings appears to be just one giant bureaucratic waste that is ineffective and appears to hold no power throughout the city. 

This is the basic ways of construction in Bay Ridge.

1. Start construction without any drawn up plans, approved plans, or DOB permits.
2. Receive stop work order and violations for said construction.
3. File plans with self approval from owner/contractor.
4. Resume construction without much thought to those self approved plans and continue doing construction the way you originally wanted and off the top of your head.
5. Receive another stop work order and more violations.
6. This goes on repeatedly until the construction is just about finished.
7. Eventually the DOB holds a hearing which will dismiss the violations most of the time or will issue a fine against the home owner on a rare occasion.
8. Fine does not get paid, the construction finishes and the finished project is something that was not what the self approved permit stated it would be.
9. Homeowner is happy that their home was redone to their desires.
10. Neighbors of home that had illegal construction activity on it are unhappy due to damage caused by said illegal construction.

This or something like it happens all the time in Bay Ridge, and more worrisome, this probably happens all over the city in much larger buildings.

227 84th Street, it has had four complaints that resulted with two violations. 

1. Illegal construction was initially reported.
2. Stop work order was issued.
3. Construction continued during the night and was reported.
4. DOB inspectors arrive long after the after hours construction ended.
5. A home was torn down. 
6. Violations were dismissed.
7. All is left is a concrete foundation and an illegal construction fence. 

This is one of the expired permits for the construction and construction fence. 

123 87th Street, it has had 75 complaints that has gathered 24 violations. 

I’ve reported about 123 87th Street numerous times here, here and here.

1. Work began without a permit.
2. Fences exceeded legal limits.
3. Numerous lies were told to the DOB inspector.
4. Self approved plans were finally signed by the contractor and homeowner (who works at the DOB).
5. It became evident that a second home was being built illegally on the property.
6. Stop work orders were issued.
7. Construction was reported to continue.
8. The illegal construction undermined the foundation of house next door on the right hand side.
9. Homeowner of illegal construction site gets fined repeatedly.
10. Numerous hearings and appeals are held that state the illegal construction must be removed.
11. Numerous fines are not paid.
12. Illegal construction has ceased with the illegal partially constructed building remaining. 

8423 Ridge Blvd, it has four complaints and one violation.

1. External construction began without approved/accepted plans.
2. Violation served.
3. Plans approved/accepted.
4. Construction resumes and then deviates from approved/accepted plans.
5. Stop work order was issued.
6. As of yesterday the 5th and I notcied construction was still taking place.
7. This appears to be the beginning of a long battle of “I can do whatever I want” type of construction site.

245 83rd Street, it has eight complaints and nine violations.

I don’t even know where to begin on this one.  I’ve heard that this old Victorian had been inhabited by an elderly person who died without caring for the house.  The house was for sale several years ago.  Someone bought it, gutted it of anything with resale value and flipped it to someone else.  This second person wanted to do an extension on the back, ripped out a huge section of the back and walked away from the job.  Between then and now all of the windows have been removed, that huge section rear is still missing and the place reportedly has severe termite damage.

1. Construction fence permits expired in 2007.
2. Building has been approved for demolition, however, said permit states that this building is a 20 foot high, single story building, with 25 feet of street face.  All of which is far from true.
3. Failures to comply with Commisioner’s orders have taken place repeatedly.
4. Numerous fines have been issued.
5. Numerous fines have not been paid.
6. It appears that nothing can be about prior lack of compliance and fines unless the owner applies for a new permit.

225 85th Street, nine compaints and zero violations.

After reading through the DOB website it is hard to believe that this property has zero violations.  This is a case of the complaints falling on deaf ears.

1. Excavation began.
2. Excavation became unstable.
3. DOB investigator approved of the excavation process as being professionally done.
4. Excavation continued which shook neighboring houses.
5. DOB investigator arrived when construction was not taking place and dismissed complaint.
6. Excavation cracked a neighboring foundation.
7. DOB investigator couldn’t reach the homeowner and declared no violation.
8. Neighboring house began to slope.
9. DOB investigator once again declared no violation.
10. After hours construction took place.
11. DOB investigators arrive when after hours work was no longer taking place.
12. DOB investigators were called out again due to damage from the excavation and finally notice damage, took photographs and declared no violation.
13. DOB investigators arrive twice more due to more damage and write both off as being part of previous damage.
14. Nearly the entire house behind that construction fence is illegal because the house is a concrete structure.  It had been a wooden structure up until a couple of years ago.  No demolition permits or permits to build a new concrete house are listed on the DOB website.

These are but five properties within a four blocks of each other. 

I could go on and on and on regarding the numerous properties throughout NYC that have similar shady and appalling circumstances surrounding the construction, permits, lack of permits and lack of any type of real and effective action or management the DOB and the City can take on illegal activity.

It is clearly evident that the DOB and the City need to be more aggressive when is comes to unlawful activity that falls under the jurisdiction of the DOB, because at present moment there doesn’t appear to be much of anything that the city or the DOB can do to stop a property owner from doing whatever they want, even if it will endanger the life, livelihood or property or those in surrounding buildings. 

It is because of all this lack of oversight that numerous illegal curb cuts are all over the city, said curb cuts take away public parking and cheats the city out of property tax revenue, which then cuts into the services that the City can pay for.

It is amazing that with this lack of oversight that more giant crane accidents and building collapses don’t take place more often.

Not surprisingly, the City and the DOB could be way more effective and hold actual oversight on construction projects if two simple things were done.

1. Increase the dollar amount of fines for work without a permit.
2. Actually be able to forcefully collect on said fines, either by way of garnishing wages or seizing property and selling it at auction.

If both things were done we would see a heck of a lot less shady construction businesses and people who are willing to give construction jobs to illegal construction businesses.

I swung on by the Bay Ridge Spite House/Wall yesterday and this is what it looked like…a complete and utter mockery of the bureaucratic and ineffective mess that is the government of New York City and the Department of Buildings.

Evil doers on the left, the good people of the world on the right with American flag proudly displayed - wall still up.

I took a closer look at the illegal spite wall and found that a fresh violation was served…

Not only is the cinderblock wall completely illegal, but the Cunningham’s wooden fence to protect the illegal construction site is now also illegal.

According to the official DOB website, their fence permit expired on April 1st and apparently did not renew it.

This Stop Work Order appears quite fresh even though it has been served a year and a half ago - almost looks as though it was up on the fence for just a few hours and not for a year and a half.

Such a shame the DOB inspector couldn’t have issued a violation for lack of a posted SWO…

Bottom line is this, based off of this illegal building site, you could very easily start building a house in the middle of Central Park, fence it off, dig a moat and the City of New York can do absolutely nothing to stop you.

Some big and mind blowing news has occurred this week in regard to the Bay Ridge Spite Wall - which I first discussed over the summer here, and again discussed last month here.

To sum up the basic history…

• A jerk by the name of Cunningham decided to build a second house on his property illegally at 123 87th Street, Brooklyn, NY 11209.
• This second house was illegally attached to the foundation of the neighboring home at 127 87th.
• They built a tall cinderblock wall up against the neighboring house, pushed the air conditioning units out of the window inside the home of 127, and during this entire process, blatantly ignored the zoning which required at least 8 feet of side yard clearance between the homes.
• 70 complaints, 20 violations, one stop work order and a criminal summons have been filed against Cunningham.

So, on to the news.

• This past week Cunningham was to appear in Department of Buildings Criminal Court on a summons issued to him but was unable to attend because he attended a Board of Standards and Appeal meeting instead -  50 letters in support of the safe destruction of the illegal wall were submitted to the BSA that were against the Cunningham cause.
• At the BSA meeting Cunningham was supposed to appeal his violation of zoning and of the 8 foot side yard as required.
• Instead of trying to make an appeal of his violation, he rather rudely explained that he WANTED the BSA to reactivate his revoked permit and that he was 80% done with building the new house - despite the fact that when the STOP WORK ORDER was issued in December 2007, the house was only 35% done.
• Cunningham went on to further claim that that his permit was revoked without reason and that the DOB had encouraged him to build on the property line - despite that 8 feet of side yard was was required.
• He further went on to make up audits and claim that no complaints made against him ever stuck…despite 7 current active violations…
• After asking if he would have to tear the building down if it were completed and being told that it could very well happen, he made an apparent threat with something to the effect that…if you turn down my application, I am going to tear down my house, create the 8 foot side yard against 121 87th and leave the wall up against 127 87th.
  

All of this means that Cunningham is still out and about, actively trying to keep his illegal wall up and trying to finish his illegal house.

• The good news is that we can send a message to the Chair of the Board of Standards and Appeals (click here to send a message) and snail mail two other Commissioners…
• Commissioner Derrick Lee, Department of Buildings, 210 Joralemon Street, 8th Floor, Brooklyn, NY, 11201
• Commissioner Robert LiMandri, Department of Buildings, 280 Broadway, 3rd Floor, New York, NY, 10007
• These messages and letters should insist that the illegal wall/structure/home that Robert and Cheryl Cunningham have built should be removed.
• The Cunningham’s should not be given a permit to tear down their legal house out of spite, which has stood for decades.
• Lastly, if they fail to comply, the Cunningham’s should have the book thrown at them - whether it be jail, fines, and or seizure of the lot at 123 87th Street.

Here’s the basic info the on the case…Robert & Cheryl Cunningham 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.

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.

I took these photos in the beginning of the summer of some local blight that has been going on for years in Bay Ridge.

The basic story is there is a nice, quiet tree lined block.  An old lady sold her modest home (now that monster three story home) that had a driveway and an piece of land next to it - a luxury within Brooklyn, enough room to have your own green space.

Well, the people that the old lady sold to are basically a bunch of pricks, and decided to illegally build a second house on the portion of the property where the open green space once was.

Not only that, but the prick owners who are building the house claim that it isn’t even their property despite the fact that they bought it and despite that there is no legal lot in between the two existing homes for them to have sold!

From what I understand from a neighbor is that the prick owners/builders bought some people off and obtained illegal permits (the buying off is hearsay) - plus there is an existing stop work order as part of 67 complaints made to the buildings department.

Thankfully a court order was issued a couple of weeks ago that said that the 60 foot walls and haphazard structure needed to be removed by July 2nd otherwise the prick owner/builder would face jail time.

Well July 2nd came and went and guess what?  It still looks exactly like this as of July 4th.

Now what gets me about the prick owner/builder is that they claim that the walls aren’t even their property, but behind the boards the fence from directly in front of their front door extends unobstructed to the half built house - clearly connecting the two!

Besides being an illegal building site it is also unsafe due to it not being properly secured - kids could easily get in between the 18 or so inch gap here.

But what gets me most about this mess is that the prick owner/builder has the nerve to demand no parking in his unused and boarded up driveway!

I’m hoping that the judge throws the guy into jail for a couple of years for this, but in reality I doubt the prick owner/builder will ever even get arrested or even have to take the walls and haphazard structure down.

New York City Justice, prove me wrong!