Minus a floor (mostly), BSA to weigh in on Ben Shaoul's zoning variance today for 515 E. 5th St.

[EVG photo from Sept. 5]

Workers packed up their gear and sidewalk bridge a few weeks ago at 515 E. Fifth St., where they had been removing the illegal top-floor addition courtesy of landlord Ben Shaoul.

And the top level here between Avenue A and Avenue B has been hollowed out, with a couple of walls remaining ...


[Photo via an EVG reader]

515 Penthouse Removal Watchers say this configuration is now similar to the Shaoul-owned 514-516 Sixth St., where the formerly illegal space is apparently making for a cool party gazebo for residents.

To quickly recap seven-plus years of illegal addition history: The Board of Standards and Appeals (BSA) ruled in 2008 that Shaoul needed to remove the 6th and 7th floors. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain" here.

The BSA apparently gave Shaoul until the end of July to provide proof that the top floor had been taken down … then the BSA would reopen hearings on the variances that Shaoul and Co. are requesting.

According to a member of the 515 tenants association, the next hearing is today.

DNAinfo reported on Sept. 4 that four studio apartments on the sixth floor had been listed for rent even though the "floor does not have a certificate of occupancy and the building is technically noncompliant with local zoning regulations."

Shaoul told DNAinfo that he did not know how the listings came to appear on Streeteasy. (They are no longer on the site.)

Per DNAinfo:

“I’m not responsible,” he said before pinning the listings on brokers.

“Brokers are unauthorized. Brokers do that all the time. There’s nothing,” he said. “Brokers do whatever they want to do.”

A building source claims that one of the sixth-floor units has been occupied since late August.

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

CB3 not into Ben Shaoul's zoning variance for 515 E. 5th St.

Another BSA hearing on Ben Shaoul's illegal rooftop addition; plus, rent 1 of the contested units!

BSA tells Ben Shaoul to remove the illegal penthouse on East 5th Street within 60 days

Ben Shaoul now has until the end of July to demolish his illegal penthouse on East 5th Street

Sidewalk bridge arrives at 515 E. 5th St., site of Ben Shaoul's illegal penthouse conversion

Actual demolition work happening at Ben Shaoul's illegal East 5th Street penthouse

The disappearing penthouse of 515 E. 5th St.

After reading our post from Tuesday about the demolition of the penthouse at 515 E. Fifth St., two EVG readers sent along photos showing the progress… on Wednesday …


[Photo by Laura Gurfein]

… and Thursday…


[Photo by a resident who doesn't have permission to be on the roof]

After seven years of legal wrangling, the Board of Standards and Appeals (BSA) told landlord Ben Shaoul that he has until the end of July to provide proof that the illegal penthouse here between Avenue A and Avenue B has been demolished … then the BSA will reopen hearings on the variances that Shaoul and Co. are requesting.

One 515 Penthouse Removal Watcher told us that he is surprised that the demolition work is actually taking place (given that it is Ben Shaoul and all).

Previously on EV Grieve:
Sidewalk bridge arrives at 515 E. 5th St., site of Ben Shaoul's illegal penthouse conversion

Actual demolition work happening at Ben Shaoul's illegal East 5th Street penthouse

Last week an EVG reader noted the arrival of some supplies at 515 E. Fifth St., where landlord Ben Shaoul is under orders to remove the illegal penthouse here.

Per the reader: "Getting fresh sheetrock delivered isn't what happens when you are removing an illegal addition."

Since then, several 515 Penthouse Removal Watchers have observed workers actually removing materials from the top floor here between Avenue A and Avenue B and discarding them in the dumpster outside No. 515.



And a member of the 515 tenants association said that this was a shipment of plywood to cover the holes between the 6th and 7th floors made by the demolition.

As you may have memorized by now: The Board of Standards and Appeals (BSA) ruled in 2008 that Shaoul needed to remove the 6th and 7th floors here between Avenue A and Avenue B. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain" here.

A rep for the tenants association told us that the BSA is giving Shaoul until the end of July to provide proof that the penthouse has been demolished … then the BSA will reopen hearings on the variances that Shaoul and Co. are requesting.

515 Penthouse Removal Watchers figure workers will just hollow out the penthouse and leave the bulkheads the way they did on the Shaoul-owned 514-516 Sixth St., where the space is now apparently making for a cool party gazebo.

Previously on EV Grieve:
Sidewalk bridge arrives at 515 E. 5th St., site of Ben Shaoul's illegal penthouse conversion

Ben Shaoul now has until the end of July to demolish his illegal penthouse on East 5th Street

[Photo of 515 E. Fifth St. from May 4]

Landlord-developer Ben Shaoul now has yet another deadline to remove the illegal penthouse at 515 E. Fifth St., according to the building's tenants association.

As we've been seemingly cutting and pasting for years, the Board of Standards and Appeals (BSA) ruled in 2008 that Shaoul needed to remove the 6th and 7th floors here between Avenue A and Avenue B. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain" here.

On Tuesday, there was another hearing on the matter … and as a rep for the tenants association told us, the BSA is giving Shaoul until the end of July to provide proof that the penthouse has been demolished … then the BSA will reopen hearings on the variances that Shaoul and Co. are requesting.

Last September, the BSA gave Shaoul 60 days to complete demolition … but that never happened.

Anyway, there is some demolition-related progress. As we pointed out, workers assembled a sidewalk bridge outside 515 on May 4. In addition, the city approved a permit to remove the penthouse on May 6. (There is also an approved permit on file to remove the sixth floor.)

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

CB3 not into Ben Shaoul's zoning variance for 515 E. 5th St.

Another BSA hearing on Ben Shaoul's illegal rooftop addition; plus, rent 1 of the contested units!

BSA tells Ben Shaoul to remove the illegal penthouse on East 5th Street within 60 days

Sidewalk bridge arrives at 515 E. 5th St., site of Ben Shaoul's illegal penthouse conversion

Sidewalk bridge arrives at 515 E. 5th St., site of Ben Shaoul's illegal penthouse conversion

Workers arrived late yesterday afternoon to assemble a sidewalk bridge outside 515 E. Fifth St. between Avenue A and Avenue B, where, perhaps, the long-contested penthouse will finally be removed.

A quickie recap of our previous recaps: The Board of Standards and Appeals (BSA) had previously ruled in 2008 that landlord Ben Shaoul needed to remove the 6th and 7th floors. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain" here.

Last September, the BSA gave Shaoul 60 days to complete demolition. Upon documentation of the removal, the BSA would then consider granting the assorted zoning variances to keep the 6th floor. The work permit to remove the penthouse was filed on Feb. 4 and approved on April 2, according to DOB documents.

According to the Tenants Association of 515 East Fifth Street, the hearing on the zoning and Multiple Dwelling Law variances is next Tuesday, May 12.

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

CB3 not into Ben Shaoul's zoning variance for 515 E. 5th St.

Another BSA hearing on Ben Shaoul's illegal rooftop addition; plus, rent 1 of the contested units!

BSA tells Ben Shaoul to remove the illegal penthouse on East 5th Street within 60 days

BSA tells Ben Shaoul to remove the illegal penthouse on East 5th Street within 60 days

The Board of Standards and Appeals (BSA) has finally ordered the removal of the long-contested penthouse at 515 E. Fifth Street.

A quickie recap: The BSA had previously ruled in 2008 that landlord Ben Shaoul needed to remove the 6th and 7th floors. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain" here between Avenue A and Avenue B.

According to the Tenants Association of 515 East Fifth Street, the BSA gave Shaoul 60 days to complete demolition. Upon documentation of the removal, the BSA will consider granting the various zoning variances to keep the 6th floor.

As we understand it, there are four units in total on these two floors.

Meanwhile, will Shaoul actually comply within the 60-day timeframe? (No snickering!) It only took Shaoul about three years to start the demolition process on the illegal penthouse at 514-516 E. Sixth St. The scaffolding and sidewalk shed have been at the site for 15 months. And part of the penthouse remains, according to neighbors.

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

CB3 not into Ben Shaoul's zoning variance for 515 E. 5th St.

Another BSA hearing on Ben Shaoul's illegal rooftop addition; plus, rent 1 of the contested units!

Another BSA hearing on Ben Shaoul's illegal rooftop addition; plus, rent 1 of the contested units!

The Board of Standards and Appeals (BSA) is holding another hearing today regarding 515 E. Fifth St., where the years-long saga over an illegal rooftop addition continues.

A quickie recap: The BSA had previously ruled in 2008 that landlord Ben Shaoul needs to remove the 6th and 7th floors. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain" here between Avenue A and Avenue B.

Meanwhile, ahead of today's hearing, we hear that Shaoul has moved to evict one member of the Tenants Association of 515 East Fifth Street, and has offered to discuss a buyout with two of the others.

Finally, one of the contested units arrived for rent on Streeteasy last week. Per the listing:

BEAUTIFUL EAST VILLAGE DUPLEX 1 BEDROOM WITH PRIVATE TERRACE
BRAND NEW LISTING - AMAZING EAST VILLAGE LOCATION

Brand New Listing available for SEPT 1 - Move In! 1 Bedroom. Amazing Deal. This Apartment will not last!

True, the apartment will not last if the BSA grants the zoning variance … because the penthouse will need to be removed as part of the zoning variance deal.

It looks pretty nice, though…





The one-bedroom apartment is asking $3,195.

Anyway, this story promises to not end anytime soon. The extra floors were added in 2006.

You can read more about the history here at the Post, Curbed, DNAinfo and The Villager.

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

CB3 not into Ben Shaoul's zoning variance for 515 E. 5th St.

[Updated] Inflatable rat pays visit to controversial Ben Shaoul building on East 5th Street

The inflatable union rat is out this morning at 515 E. Fifth St., where notorious landlord/developer Ben Shaoul has been fighting for a zoning variance that would make legal the illegal addition that his crew added back in 2006.

There's another hearing on the matter on July 15. (We'll have more about this later.) Meanwhile, we're not sure why the rat is here today, though, with Ben Shaoul involved, anything is possible.

Updated 10:30 a.m.

A tipster says that the rat in front of the building is actually part of a protest over non-union workers at 140 West St., where Shaoul is converting the top floors of the Verizon Building into condos. The rat will apparently be making the rounds of Shaoul-owned properties today.

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

CB3 not into Ben Shaoul's zoning variance for 515 E. 5th St.

News on the never-ending saga regarding developer Ben Shaoul's additions to 515 E. Fifth St. On Wednesday night, Community Board 3's Land Use, Zoning, Public & Private Housing Committee voted to recommend that the Board of Standards and Appeals (BSA) deny the zoning
variance application filed by Shaoul's reps.

Members of the Tenants Association of 515 East 5th Street say that the CB3 vote will clear the path for the case to be heard at the BSA. "It might take a month or two for all the necessary paperwork to change hands, but the decision probably won't be made until the middle of next year," said one Association member.

A recap on the situation here: The BSA had previously ruled that Shaoul needs to remove the 6th and 7th floors. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain."

Given the seven-plus-year history here, this is likely far from being resolved. The extra floors were added in 2006.

You can read more about the history here at the Post, Curbed, DNAinfo and The Villager.

Previously on EV Grieve:
Never-ending battle wages on over additional floors at 515 E. Fifth St.

CB3 hearing on illegal rooftop additions at 515 E. 5th St. re-scheduled for another month

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

Never-ending battle over additional floors at 515 E. Fifth St. promises to keep being never-ending

The saga of developer Ben Shaoul's additions to 515 E. Fifth St. continues. This was on the docket for this month's CB3 Land Use, Zoning, Public & Private Housing Committee meeting, but Shaoul's reps reportedly rescheduled it at the last minute for another month.

A quick recap to a really long story: The Board of Standards and Appeals (BSA) had previously ruled that Shaoul needs to remove the 6th and 7th floors. However, his attorneys had requested that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain."

Now the Tenants Association of 515 East 5th Street, who has been fighting all this for years, passes along word of yet another delay to any resolution in the near future. Shaoul's attorneys have apparently filed an Article 78 petition to get the New York State Supreme Court to compel the BSA and DOB to reverse their decisions in the vesting case.

We'll report back to you when this is all resolved in 2023.

(You can read more about the history here at the Post, Curbed, DNAinfo and The Villager.)

Previously on EV Grieve:
Never-ending battle wages on over additional floors at 515 E. Fifth St.

CB3 hearing on illegal rooftop additions at 515 E. 5th St. re-scheduled for another month

CB3 hearing on illegal rooftop additions at 515 E. 5th St. re-scheduled for another month

The illegal rooftop additions at 515 E. Fifth St. were on the docket for Wednesday night's CB3 Land Use, Zoning, Public & Private Housing Committee meeting.

The Board of Standards and Appeals (BSA) had previously ruled that landlord Ben Shaoul needs to remove the 6th and 7th floors. However, his attorneys are requesting that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain."

And how did this go? A tenant reported that "the landlord pulled out of the CB3 hearing at the last minute. They have re-scheduled it for next month."

In 2008, the BSA decreed that the additions were illegal and should be removed.

Previously on EV Grieve:
Never-ending battle wages on over additional floors at 515 E. Fifth St.

Never-ending battle wages on over additional floors at 515 E. Fifth St.

[EVG file photo]

A familiar address makes an appearance at tonight's CB3 Land Use, Zoning, Public & Private Housing Committee meeting:

• BSA 266-13-BZ, 515 E 5th St: request variance of ZR23-145 to legalize enlargement of a 6-story family dwelling

To quickly rehash a few previous posts: Back in 2008, the Board of Standards and Appeals (BSA) decreed that developer Ben Shaoul's additions to 515 E. Fifth St. were illegal and should be removed. Work on the additional 6th floor and penthouse commenced in 2006 after the Buildings Department approved the enlargements ... however, the additions were later found to skirt certain fire and safety regulations, per published reports. (Read more about the ruling at the Post and Curbed.)

In recent years there have been protests ... and hearings...

In early September, attorneys for a handful of 515's longer-tenured residents argued that not only was there no legal basis for granting Shaoul vesting under the old zoning laws, there was also no guarantee that he would use this opportunity to correct the violations of the Multiple Dwelling Laws that exist in the building. The BSA upheld this argument.

However, Shaoul's attorneys are appealing the BSA's decision. You can find volumes of legalese about all this right here. (PDF!)



To make a long legal document short, Shaoul's attorneys are requesting that the city grant a zoning variance to "permit the constructed enlargement, minus the penthouse, to remain, which is in character with the surrounding neighborhood." (According to the documents, the estimated cost of removing the sixth floor and penthouse is $452,000.)

In 2010, the BSA told Shaoul that he needed to remove the seventh-floor penthouse at a nearby property at 516-516 E. Sixth St. (The BSA said that the sixth-floor addition could stay.) Workers finally started removing the penthouse, which was never occupied, last month.

Previously on EV Grieve:
[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

The disappearing illegal penthouse of 514-516 E. 6th St.

[Updated] 5 years later, another BSA hearing on illegal rooftop addition at 515 E. Fifth St.

Back in 2008, the Board of Standards and Appeals (BSA) decreed that the one-story addition to 515 E. Fifth St. was illegal and should be removed.

Ben Shaoul's Magnum Real Estate was behind the enlargements, which were approved by the Buildings Department but were found to skirt certain fire and safety regulations, per published reports. (Read more about the ruling at the Post and Curbed.)

And that was that.

Fast forward to the fall of 2011, where some residents of 515 and several local politicians and community groups held a protest at the address. Per the press release at the time:

[We] will call on the Department of Buildings (DOB) to finally force developer Ben Shaoul to come into compliance with the law and evacuate and dismantle a roof top addition tomorrow — an addition that was deemed illegal by the Board of Standards and Appeals (BSA). In addition, there are 13 major code violations that put tenants in danger, including fire safety issues (there was an electrical fire at the building in March), that continue to be unresolved. The DOB has thus far not responded to the BSA’s decision and tenants feel that they are being forced out by the developer for higher paying renters.

And that was that.

However, this morning, there's a BSA hearing about 515 E. Fifth St. that could become the precedent for all similar expansions in the neighborhood. Here's a notice on the meeting via GOLES:

"This construction was found illegal in BSA decisions in 2007 and 2008. Now the landlord is seeking to reverse them. If the landlord is allowed to keep this illegal construction it will set a precedent for other landlords to do the same ... leading to dangerous construction that can cause damage to the structure of such old tenement buildings."

Magnum Real Estate is still listed as the landlord. This was not one of the 30-plus properties that Jared Kushner purchased in recent months.

But Kushner may have plans of his own for extra floors. During a contentious community meeting last month, Kushner reps said that they intend to "follow the law" and that property additions would be considered from "time to time," according to a report by BoweryBoogie.

Last October, the BSA OK'd rooftop additions for these five properties on East Ninth Street.

Updated 5-22

City Councilmember Rosie Mendez's office told us the following: "No vote was taken...a submission schedule was worked out and the hearing will be continued on July 23."

Mendez provided joint testimony yesterday along with Manhattan Borough President Scott Stringer, Assemblymember Brian Kavanagh And State Senator Brad Hoylman.

According to their testimony:

Notably, the owner does not claim that the addition was built pursuant to a valid permit or that the addition was built in compliance with the prior zoning. Instead, what the owner is asking you to do is to reinstate the permit under the old zoning, based on an unenforceable promise that eventually, somehow, the owner will bring the building into compliance — despite the compelling fact that the owner has kept the building in willful noncompliance for over six years. In the strongest possible terms, we urge you to reject this request.

Moreover, we note the essential fact that for at least six years, the owner has profited from these persistent and repeated zoning violations. According to DOB records, since at least December 2006, the owner has occupied the four duplex apartments that comprise the unlawfully built addition. We trace such unlawful occupancy back to December 5th, 2006 when the DOB issued a violation for "ALTERED BUILDING OCCUPIED WITHOUT A VALID CERTIFICATE OF OCCUPANCY. SIXTH FL AND PENTHOUSE OCCUPIED WITHOUT A VALID C OF O."

Several people in attendance told us that the BSA was "highly skeptical of the arguments made by Marvin Mitzner, the lawyer representing [landlord Ben] Shaoul." The BSA reiterated that the permits were unlawful and that they are basically offended that the sixth floor and penthouse have been occupied for over six years without a certificate of occupancy while the owner claims a hardship.

Protest at 515 E. Fifth St. this morning, site of Ben Shaoul's illegal addition

In November 2008, the Board of Standards and Appeals (BSA) ruled that one-story additions to 515 E. Fifth St. and 514-516 E. Sixth St. are illegal and should be removed. As the Post reported at the time, "the BSA's ruling returns the entire matter to the Buildings Department, which could require removal of the added occupied floor on East 5th Street and the one now under construction on East 6th Street." (The Villager reported on the story here.)

Ben "Sledgehammer" Shaoul's Magnum Management is behind the enlargements, as Curbed pointed out.

In any event, we've sort of forgotten about all this... Of course, the tenants of 515, who have led this campaign, haven't. They have organized a protest this morning at 10. Via their news release:

Tenants of 515 East 5th Street in Manhattan, the Community Development Project at the Urban Justice Center, Councilmember Rosie Mendez, Good Old Lower East Side and Community Board Three will call on the Department of Buildings (DOB) to finally force developer Ben Shaoul to come into compliance with the law and evacuate and dismantle a roof top addition tomorrow — an addition that was deemed illegal by the Board of Standards and Appeals (BSA). In addition, there are 13 major code violations that put tenants in danger, including fire safety issues (there was an electrical fire at the building in March), that continue to be unresolved. The DOB has thus far not responded to the BSA’s decision and tenants feel that they are being forced out by the developer for higher paying renters.

Meanwhile, we looked at recent rentals in the new floor at Streeteasy. Someone rented the one-bedroom apartment at 6C in July for $2,700, according to Streeteasy.

Here are some photos of the apartment that comes with a private (and per the BSA, illegal) roofdeck.

Wonder if anyone told the new residents about all this before they moved in...

P.S.
Here's what is going on at 514-516 E. Sixth St.

Previously on EV Grieve:
Important notice about "partying" in Shaoul buildings on East Fifth Street and East Sixth Street