Owner claims to be unaware that contractor built home larger than permit authorized. Yitzchok Shindler applied to Buildings for a permit to enlarge the first, second and third floors of his home at 1231 East 21st Street at Avenue K in Brooklyn. Buildings received complaints about the construction and, upon inspection, found that Shindler had demolished most of the home and built beyond the permit’s scope. His home was now over 1,600 sq.ft. larger than the zoning permitted and had increased from 2,569 sq.ft. to 4,135 sq.ft.

Shindler applied to BSA to legalize his new 4,135-square-foot home, explaining that his contractor illegally constructed floors in areas proposed to have rooms with towering, double-height ceilings. Shindler claimed to be unaware that the work was illegal and said it was caused by the fact that during construction the contractor found that termite damage and age required the demolition of the home’s framing. Shindler submitted affidavits from the plumber and contractor explaining the extent of the termite damage and the poor condition of the house.

BSA first noted that it doubted the credibility of Shindler’s claim of being unaware that the work was illegal, but it approved the permit. BSA agreed that the frame of the house could not be retained and noted that it had granted special permits in the past for similar-sized requests for increased floor area.

BSA: 1231 East 21st Street (133-05-BZ) (April 11, 2006) (Sheldon Lobel, P.C., for Shindler). CITYADMIN