Department of Buildings ruled this sign at 302 Metropolitan Avenue was illegal. Image credit: Google

Board agreed zoning prohibited advertising signs painted on the wall.  On March 29, 2014 the Department of Buildings issued five notices of violation against the Respondent, Metropolitan Avenue 298-308 Associates, Inc., for a prohibited outdoor advertising company sign painted onto the wall of 302 Metropolitan Avenue and failing to comply with previous Buildings orders in 2011 to correct previously-displayed signs.

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Board finds no evidence the engineer knew or should have known his filed plans were inaccurate.  On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB.  The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, however when a DOB inspection was conducted on September 25, 2014  the subject building was actually four stories. Mr. Philogene contested the summons with the Environmental Control Board, arguing the amended plans were based on a professional architectural survey given to him by the building owner, and showing the building as three stories tall.  Mr. Philogene argued this conformed to his initial personal inspection in February 2014, where the building was three stories, and he did not know or have reason to know the fourth story had been added.  The hearing officer credited Mr. Philogene and dismissed the NOV.

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ALJ declined to alter agreement that prevented Buildings from enforcing certain Zoning Resolution provisions relating to advertising signs. Buildings inspectors observed an advertising sign exceeding 200 sq.ft. on a building’s facade at 67 Greenwich Street in lower Manhattan. The building’s C5-5 zoning prohibited advertising signs and restricted non-illuminated signs to 200 sq.ft. Buildings charged the facade occupant OTR Media Group Inc. and building owner Syms Corp. with violating the Zoning Resolution and the construction code, and sought an order of removal.

OTR and Syms sought to dismiss the charge, arguing that the sign was located within 200 ft. of an arterial highway, and as such, fell within the scope of a prior agreement between Buildings and OTR that enjoined Buildings from enforcing certain advertising sign regulations. Under the agreement, Buildings could not seek to remove OTR advertising signs located within manufacturing districts or C6-5, C6- 7, C7, and C8 commercial districts until the courts decided an OTR constitutional challenge to certain sections of the Zoning Resolution. Although the building was located in a C5-5 district, OTR and Syms believed the agreement applied in this instance since the sign, like those protected under the agreement, was in a commercial district near a major highway. (more…)

Brooklyn building owner operated commercial uses in residential zone. The lot designated as 1801 Avenue P, Brooklyn, NY is in a district zoned for residential use. Buildings charged that the structure at that address was being used as a crating establishment, and for food processing and preparation, commercial vehicle storage, and junk salvage storage in violation of the New York City zoning resolution. Buildings sought an order of closure. The respondent was properly notified of the petition and hearing, but failed to appear at trial. (more…)

Master plumber who held the permits for the work in the buildings destroyed in an explosion found repeatedly negligent and submitted materially false documents to Buildings. Andrew Trombettas, a master plumber affiliated with S. K. Piping & Heating Corp., located at 2103 21st Avenue in Astoria, and Beta Plumbing & Heating Corp, located at 1201 Astoria Blvd in Astoria, has been issued approximately 400 plumbing permits. Following an explosion at a building for which Trombettas had been issued a permit, the Department of Buildings audited all projects Trombettas was involved in since 2010. Buildings issued Trombettas approximately 82 notice of violations following inspections at 25 locations. (more…)