Someone finally got someone's attention about the well-documented problem of public space being used to as private space. Interesting that it is the DOB ticketing the cars, as it would seem that the DOT has jurisdiction over public rights-of-way. Wonder why no one has gone after Hannah Senesh? From the Brooklyn Paper:
"Three homes were ticketed after the Department of Buildings’ inspection, a visit that followed a stunning report in this newspaper that many residents of Fourth Place between Smith and Court streets were violating city zoning, which forbids parking in the front yards along First, Second, Third and Fourth places.
Decades-old zoning designed to preserve the gardens that give the neighborhood its name designates such front yards as part of the street and not the homeowner’s lot, giving the city oversight about what is permissible there.
Two homes were summonsed for illegal front yard parking. The third home was found to have an illegal curb cut."
We've certainly covered the problems with the courtyards in Carroll Gardens (the "gardens" themselves), some would say, ad nauseum.Now, print media is "picking up" the story. Too bad that they don't realize that the courtyard are city right-of-way, and therefore the province of the DOT. From the Brooklyn Paper:
"A quirk in city zoning states that the front yards along First, Second, Third and Fourth places are to be used “for courtyards only.” The rule stems from a decades-old decision to designate the front yards of homes on those blocks as actually part of the street, not the homeowner’s lot, giving the city control over what is built there.
None of the homes with curb cuts ever applied for a permit to do so, Sullivan noted, and the cuts would only be legal if they lead to a back garage or off-courtyard use.
She said inspectors would be dispatched to the block and would dispense violations if they confirm this newspaper’s indisputable findings.
“It looks like a trailer park,” agreed Maria Pagano, president of the Carroll Gardens Neighborhood Association, a civic group determined to have the city enforce the law."
Calling it a "quirk" is somewhat offensive. Of course, so is calling it a "trailer park". A more realistic comparison might be Sheepshead Bay, or Kew Gardens.
It is also odd that later in the article, the paper seems to say that the neighborhood won a battle against Hannah Senesh, when it is clear that Hannah Senesh is the worst offender of the topic that they are discussing for the rest of the article!
Although the fight against the proposed expansion of the Hannah Senesh school into their Carroll Gardens Courtyard is seemingly over, there remains a hanging chad in the room. Back in January, the Brooklyn Paper reported that the Department of Buildings had in fact, attempted to inspect the Hannah Senesh courtyard for violating New York City Administrative Code Section 19-132 which states that "It shall be unlawful for any person, directly or indirectly, to use any portion of a sidewalk or courtyard, established by law, between the building line and the curb line for the parking, storage, display or sale of motor vehicles."
An argument can certainly be made that the school is simply perpetuating a non-conforming situation which was inherited from the District Office before it. The only fallacy in that logic is that in order for a non-conformity to be legally protected, it needed to be legal at the time it began. The relevant NYC Administrative Code section predates the use of the Courtyard by roughly a century.
Unfortunately for those in Carroll Gardens, and for lovers of logic everywhere, the DOB sent inspectors out to look for a violation...on December 30th, 2009; a date when all schools, public and private, were closed. Shockingly, no violation was found on that date. Unfortunately for us, the DOB and Hannah Senesh, everysingleday that school has been in session SINCE that date, vehicles have been parked in the Courtyard. Ifonlythereweresomeproof, intheformofan animated gif, or perhaps a video compilation set to some funky, smooth sounds, maybe the DOB would be able to find them in violation...
According to Courier-Life, the CGNA has grown some stones and is telling Hannah Senesh that it's meeting space is now tainted.
"The Carroll Gardens Neighborhood Association says it will not continue to use the gymnasium in the Hannah Senesh Community Day School if the private school moves ahead with a controversial plan to expand into its adjoining courtyard.
“The bottom line is that we can’t stay there if they don’t respect the gardens,” said Maria Pagano, president of the neighborhood association."
Hannah Senesh may have overstepped their bounds. After an uneasy couple of years with traffic tie ups on Smith Street and a brand new color palette forced on us, they fired a huge first shot in what will surely be a war by attacking the Gardens of Carroll Gardens. Now, it seems that the attention brought on them by their land grab has backfired, as people have taken notice of the fact that they are illegally using their garden as a parking lot (as the district office did before them). From Courier-Life:
"The courtyard area is city owned, and the Department of Buildings has enforcement over any zoning violations seen on the property. Carly Sullivan, an agency spokesperson, said inspectors were dispatched to the site on Dec. 30 — during a vacation week for the school— and did not observe any cars in the courtyard. “In the future, if residents see parked cars there, they should call 311,” she said, saying the agency will be keeping its eye on the courtyard. Meanwhile, she added, the agency has received no complaints about the matter since July 2008.
Amy Glosser, vice president of the school’s board of directors,said the school simply inherited a parking lot. “As far as we know, it has been that way a long time, and we don’t have plans to change the use of the space at this time.”
The property was formerly home to the headquarters of School District 15, whose employees also parked their cars in the courtyard.
Maria Pagano, president of the Carroll Gardens Neighborhood Association, said she’s been hearing complaints about the use of this courtyard for the past 20 years. “When the district office used it they said it was just temporary, and that it would be converted back to a garden,” she recalled. “You have to understand, there are people fighting for the restoration of the original gardens who see this every day.”"
In my opinion, this parking situation is on par with how egregious their land grab is. Could you imagine if a homeowner paved over their yard and installed a curb cut and parked cars on a Place Block?
It never ceases to amaze how constituents think that a new politician will change things. In the latest example, New York City Councilman-elect Brad Lander (who I voted for, in the interests of full disclosure) came out with a classic non-statement in the egregious case of the Hannah Senesh's land grab. For more on the background of the case, check out Katia Kelly's Pardon Me For Asking. Here is what Brad had to say, courtesy of the Brooklyn Eagle: "“The change being proposed is a significant one, which would involve an amendment to the city’s Administrative Code to remove the courtyard requirement on this lot, the disposition of the lot from the DOT to Hannah Senesh, and other land use actions,” said Lander in a statement, adding that he is against any process that would not include community hearings and a vote by Community Board 6."
Brad, the issue is very simple. The additional time you're taking to make up your mind will only allow you more time to get further and further from the wishes of your constituents, and more time to be lobbied by an organization that brings only problems to this neighborhood.
Of course, the most egregious part of it all seems to be that the lot is currently used as a parking lot, and no one has said boo about it.
"Three homes were ticketed after the Department of Buildings’ inspection, a visit that followed a stunning report in this newspaper that many residents of Fourth Place between Smith and Court streets were violating city zoning, which forbids parking in the front yards along First, Second, Third and Fourth places.
