BROOKLYN HEIGHTS — Two local groups have filed yet another lawsuit against Brooklyn Bridge Park, the city and the developer behind the controversial Pierhouse that's under construction along the East River, saying part of the development is blocking a city-protected scenic view from the Promenade.
Save the View Now and the Brooklyn Heights Association filed the suit last week, naming Brooklyn Bridge Park, the Department of Buildings and real estate developer Toll Brothers.
Steven Guterman, president of Save the View Now, said the penthouse of the condo being built at 130 Furman, the third in the development, clearly blocks part of the protected view.
"Looking at it, it's extending way past where it should be extending," Guterman said.
An October survey, commissioned by Save the View Now, confirmed residents' suspicions, finding that the wall of the penthouse breaks the city’s zoning rules by encroaching on the scenic view by about 20 feet.
The groups have called for a stop-work order from the DOB and an order asking the city to remove any parts of the building at 130 Furman that are taller than the scenic view plane.
Last week, the DOB said it would not be taking any action. The groups filed the lawsuit the next day.
“We don’t quite understand what’s going on here,” Save the View Now President Steven Guterman said. “We’re basically asking the court to say that the DOB isn’t acting.”
The DOB released the following statement Tuesday:
“In coordination with the Law Department, DOB will assist in the review of any court filings regarding this site. We cannot comment on any potential litigation.”
The six-story Pierhouse will include 108 condos priced between $1.1 million and $11.1 million as well as a hotel, according to state documents.
In September, a judge dismissed a case filed by Save the View Now that argued developers had changed their plans for the development since the project was approved, blocking views of the Brooklyn Bridge and Manhattan from the Promenade. Guterman said the first lawsuit concerned the language determining which parts of the view were protected, and covered all three buildings that are part of the development: 60 Furman Street, 90 Furman Street and 130 Furman Street.
This second lawsuit covers just the penthouse portion of 130 Furman Street, which allegedly obstructs a different part of the view than that mentioned in the first lawsuit.
The Brooklyn Bridge Park Corporation, the private nonprofit that is responsible for the park and its condo plans, has promised that the project would not encroach on the scenic view plane.
A spokesman for BBP released the following statement regarding the latest lawsuit:
“We cannot comment on any pending litigation. As with all projects at Brooklyn Bridge Park, the Pier 1 development will comply with the scenic view zoning requirements.”
Toll Brothers declined to comment.
