4-story building to be converted to 2 dwellings. Four artists sought to convert a four-story industrial building into two dwelling units in an M1-2 zoning district in Carroll Gardens, Brooklyn. Located at 469 Carroll Street between Nevins and Third Avenue, the building is separated from the established residential district in Carroll Gardens by the Gowanus Canal and sits slightly west of Park Slope’s residential core. Until 2003, a manufacturer of machine components had occupied the building for several decades.

In their original application, the artists sought to convert the building and add a fifth-story penthouse. The artists claimed that a manufacturing use was not viable due to the building’s narrow wooden staircase, limited freight elevator and deficient storage capacity.

Related Companies withdrew its big-box retail proposal after Committee unanimously disapproved. On February 16, 2005, Related Retail Bruckner LLC withdrew its application for a special permit and map amendment to allow the development of a 130,000 sq.ft. BJ’s Warehouse Club, which was scheduled for a full Council vote that day. BJ’s had gained the unanimous approval of the Planning Commission, but faced likely defeat at the full Council meeting after its Land Use Committee unanimously disapproved the application on February 10, 2005. Objections pertained to potential traffic impacts, BJ’s labor history and the project’s effect on existing Bronx supermarkets.

The 430,000 sq.ft. site considered for the project is located within the Throgs Neck/Schuylerville area along Brush Road, directly north of Monsignor Scanlon High School and south of the junction between the Bruckner and Cross-Bronx Expressways and the Hutchinson River Parkway. Westchester Creek, St. Raymond’s Cemetery and the parkway and expressways separate the site from the bordering residential districts. Currently, the site contains a large, 42,000 sq.ft. warehouse building, a vacant restaurant and inn, and a parking lot used by the U.S. Postal Service.

City sought to acquire West Bushwick properties in phases. In 2001, the West Bushwick Urban Renewal Plan was approved by the Planning Commission, the City Council and the Mayor. In April 2003 the City began condemnation proceedings for phase one, filing a petition to acquire one lot. In October of 2004, the City began phase two, filing to acquire 18 lots. Owners of the lots challenged the petition, claiming that the City failed to follow procedures required under ULURP and the State eminent domain law. The residents further claimed that the City had abandoned the Plan because it had not condemned the properties within three years of approval as required by the eminent domain law.

Justice Abraham Gerges rejected the owners’ claims and approved the City’s condemnation. Justice Gerges found that the City met its responsibilities under ULURP, the State urban renewal laws and the eminent domain law. The court ruled that the owners’ procedural claim should have been raised within four months of final approval in 2001, and not in 2004. Finally, the court ruled that the City was exempt from the three-year requirement because it was acquiring the Urban Renewal Plan properties in phases. The City had ten years to implement the Plan so long as it began condemnation proceedings for a phase within three years.

Developer failed to issue Staten Island homeowners final C of O three years after construction was completed. In March 2001, Jamie Minchew and Rocco Rinella hired ATP Development Corp. to build a house at 44 Cottontail Court in Staten Island. Eight months later they closed on the house without a final certificate of occupancy, but ATP agreed it would furnish a final certificate of occupancy within one year. Several temporary certificates were issued up until January 2004, after which no more certificates were issued.

In November 2004, Buildings notified Minchew and Rinella that they were occupying the house without a valid certificate in violation of the law. In response, Minchew and Rinella sued Buildings and ATP, seeking to stop Buildings from issuing any violations related to their failure to have a valid certificate, and to compel ATP to obtain a final certificate. Buildings sought to dismiss the petition, claiming that the civil court lacked the authority to forbid the Department from issuing violations or permits.

Landmarks designates building over owner’s objection. On March 29, 2005, Landmarks designated the Germania Bank Building, the 1898 Beaux Art Bank located at the intersection of Bowery and Spring Street, as an individual landmark over the current owner’s objection. Considered one of the most important designs of Robert Maynicke, the six-story, granite and brick facade building has large arched openings on the ground and fifth floor with voussoirs topped with a detailed cornice.

At the March 29, 2004 designation hearing, Landmarks re-opened the public hearing to allow the current owner, Linda Maisel, to testify against the designation. Maisel, noting that her husband purchased the bank in 1966 for use as their home, claimed that her family would suffer severe economic hardship if burdened with the upkeep of an individual landmark. Landmarks approved the designation, explaining that it was well documented that a designation increases a building’s value.

Opposing owner spray painted home on eve of Landmarks’ vote. On March 29, 2005, Landmarks voted to hold a public hearing on April 12, 2005 on the possible designation of the James L. Bedell House in Staten Island, an 1874 single-family home and carriage house located on Amboy Road in Tottenville. A Landmarks survey of the architectural resources on Staten Island’s South Shore identified the Bedell House as one of the best preserved Second Empire-style homes, which are typified by mansard roofs, decorative dormers and prominent entryway porches. Once prevalent in New York’s rural areas, a small number of these homes remain.

Just before the March 29, 2005 vote, the Bedell House’s owner of seven weeks spray painted bright orange and neon green patches on the home. Landmarks staff displayed a photo of the spray painted house at the presentation, noting that the owner had since re-painted the home white.