CONCERNED CITIZEN
Albany NY Extortion & Discrimination
Exactly What You Need To Know
Background
I first attempted to apply for building permits on 2/5/18, 2/6/18, and 2/7/18 unsuccessfully because of a “change of use”
A “change of use” related to building class that did not exist. I did not understand why this was happening because I took 3-4 days in January 2018 to research the process. I asked about the types of permits and the fees related.
Initially I was told 278 Hudson was residential because it was now zoned RT(Residential Townhouse). Based on that information I tried to submit a building permit application for non-structural framing to separate some of the space. Staff from the building department printed some documents related to the location and stated I would need to contact “the owner” about the changes
It was my first time applying for a permit and I did not have the deed with me. The next day I returned with my deed and attempted to apply again. This time I was told I would need a “change of use” to make it residential because the building was last used as commercial. I was directed next door to planning to get info about a variance.
This prompted the inquiry about what the current status of the building is. I asked for something in writing for what he was looking for and that’s when Adam Clark stated I was going to get a Deficiency Notice. I did not understand the significance of that statement at the time. I was just trying to get to the point where I could get started.
RECORDINGS #1
NOTE: RECORDINGS AVAILIBLE IN HOME PAGE DROPDOWN ABOVE ^
ADAM CLARK- Building Inspector
I personally had no issue with the building being residential or commercial for my needs. I was just trying to figure out what was necessary to get started. I adjusted the drawings to reflect the separation of space for offices with no changes to the current footprint. It is the equivalent of making walk-in closets or a box inside an existing box.
I received an email from Adam Clark Feb 7, 2018
I called him that day.
RECORDING #2
Adam Clark Contacted zoning.m4a
After confirming with Planning 278 Hudson is a B-class Commercial Building. I returned to The Building Department to apply again after getting this email.
No one would confirm the building is currently commercial and the building inspector
Adam Clark got involved again and stated I needed to goto planning to get a letter for what I could do with the building.
RECORDING #3
Adam Clark conflicting info.m4a
I returned again to Planning and Development to have a meeting about the permitted use with Deputy Director of Planning Bradly Glass
I returned again to Planning and Development to have a meeting about the permitted use with Deputy Director of Planning Bradly Glass
RECORDING #4
Bradley Glass Meeting.m4a
After the meeting Bradley Glass said he put something together for me to give to the building department about the current permitted use.
On 2/13/18
Director of Planning Bradly Glass literally walked me next door with the email he sent me.
PERMIT APPLICATIONS
I was told I had to pay a $250 fee related to the Vacancy Registration and the Building permit fee of $400 and I would receive my permits in about a week.
Building Permit
Application
Building Permit
Fee $400
Vacancy Permit
Application
Vacancy Permit
Fee $250
No one said anything about a “Occupancy” Change of Use Permit being necessary because there was no new business opening up. I was just doing repair work. I definitely did not have an issue with it at the time and it appears to be free when your submitting a building permit application.
EXTERIOR WINDOWS PERMIT
During this time COMFORT WINDOWS also submitted an application for exterior window replacements.
Late Feb 2018, after I was told I would receive my permit within a week. I received notification from Comfort Windows that my permits were held up.
I made contact with the building department and Adam Clark responded with an email stating he wanted stamped Architectural plans for a new “change of use” related to occupancy change.
RECORDING #5
David Lussier and Tom-Delay with windows.m4a
Up until then, the references related to “change of use” involved zoning and building type(residential or commercial). Now he was using occupancy “change of use” to justify a need for stamped Architectural drawings.
I emailed him back, there is no “change of use”. Is there any legal reason why you are requiring stamped Architectural drawings for Non-structural framing. I asked this because we had bad interactions in the past and I felt like this was his way of getting back at me by causing delays or creating unnecessary expenses.
On 2/20/18
He then tried to convince me my property was “going for a H classification to a B classification “. This is related to an occupancy “change of use”.
Under the provisions in Section 375-2(C)(4)(d)(i)(B) of the City Code:
B. Portions of the ground or basement floor of a residential structure that was physically constructed or adapted to accommodate nonresidential uses (for example, through an addition extending closer to the sidewalk than the original façade of the building, or through the installation of display windows) before January 1, 2015, may be used for the following uses, but the area devoted to such uses may not be expanded beyond the ground or basement floor constructed or adapted for nonresidential purposes before January 1, 2015, and the use may only operate between the hours
of 8:00 am and 10:00 pm:
1. As a Permitted Use: Specialty Retail, Office, or Personal or Business Services.
2. As a Conditional Use: Restaurant.
(See Table 375-3-1 (Permitted Use Table and related Use-Specific Standards)).
NOTE: It’s important to remember, the permits applied for were related to replacement windows in the rear and non-structural interior framing. In addition, there is no new business opening to the public.
I returned to the Building Department and spoke to Deputy Director-David Lussier to raise my concerns. I went over my plans for the space and made it clear that there is
no new business opening and the intended use is personal. I needed a quiet space to work on coding in development of a website. He stated he was going to “take it out of Adam’s hands”
RECORDING #6
David Lussier is “Taking It Out Of Adams Hands".m4a
on 2/22/18 David Lussier responded by email my property would have been classified as an F occupancy(FACTORY INDUSTRIAL).
At this point I was convinced something more was going on related to my permit applications.
I did not understand how you could have a 306 Group F “Factory Industrial” in a former R-2C zoned building that is now zoned RT(RESIDENTIAL TOWNHOUSE) and when I asked the question via email 2/22/18 no one responded.
I returned to the building department and asked for a supervisor on or about 6/5/18. I
asked if it is normal to wait 4 months for permits
on 6/6/18 I received a Deficiency Notice related to lack of stamped Drawings by Architect or Engineer from Adam Clark.
During this period of time there were several references made using the phase “you need to make your life easier” or “we”re trying to make your life easier” and it was not
until I went back and reviewed the recorded conversations and emails did I realize they were trying to leverage a position where I had to pay them to make time for the process to be easier or spend roughly 3k on stamped architectural drawings.
Later that month I had a meeting with Building Department Director Richard LaJoy and raised my concerns about what had been going on with the building permits. I went over my plans for the property and the different conversations I had with his staff. I had received inaccurate information on numerous occasions and I recorded many of those interactions.
COVER UP
Since then there has been an on going cover up related to the actions that took place during this process.
As I stated, several times I was told “I need to make my life easier” or “we’re trying to make your life easier” while I’m given definitively false information. I believe these references are code for some kind of payment in addition to the permit fees I already paid for but have not been approved. I was once told the reason why we require stamped architectural plans is because “we don’t have the time to go to every building”. So who determines what jobs they “have time for”?
The building department has been in possession of $400 for my building permit since 2/13/18 and have never returned it.
1) They have never defined what the deficiencies are.
2)The property is too small to need a sprinkler system.
3)The existing footprint was not changing.
Photo July 3, 2018 about 4 months after painting
Photo January 2019/ property painted almost a year ago
However, I did catch the building inspector at the property in March of 2019
RETALIATION
The exterior paint is black. It Has been black for almost a year since I met with Adam Clark’s contact in zoning and planning February 2018. During that interaction I inquired about the painting and they gave information about the Sherman Williams Historical Paint colors. They also said, I don’t need a review for using the existing colors. I was not aware you need a painting permit to paint using the existing colors.
STOP WORK ORDER for Painting Exterior
A Year and A Half ago
This is the opening the building department used to retaliate and bring a violation to court.
The name on the violation and the address are both incorrect. I believe this was done intentionally.
This is the opening the building department used to retaliate and bring a violation to court.
The name on the violation and the address are both incorrect. I believe this was done intentionally.
ELECTRICAL SERVICE CUT OFF
RECORDING #8
Adrian Leddy National Grid.m4a
The building department also contacted National Grid to have the power cut off in January 2020 after receiving my ELECTRICAL CERTIFICATE.
I had to use a certified 3rd party inspector to do the inspection for the service because the building department were not doing any inspections.
Background: On February 18, 2020 at 8:37am , I called Jeff Dooley (Albany City Electrical Inspector) at 518-434-5170. During that conversation he stated no electrical permits were going to be issued until I settle things with his boss. I stated the building permits and electrical permit are supposed to separate and he stated they are but Rick LaJoy is the Director and he has to follow what he says.
CONFIRMATION
RECORDING #9
Rick LaJoy stopping Jeff Dooley.m4a
This was confirmation of what several electricians were telling me over the past years after contacting the Building Department about electrical permits for 278 Hudson Ave. There was a combination of them feeling threatened and/or persuaded not to engage in pulling the permit. They would return with messages like “You need to go over there and make friends” or “I’m not going to put my license in jeopardy”.
I believe Director LaJoy is on the board for disciplinary action related to electrical licenses. He is definitely in a position to cause financial hardship for any electrician trying to pull permits considering Jeff Dooley “ has to follow what he says”
Here’s the thing: I can’t have an electrical permit without a building permit per Director Rick Lajoy
You also can’t have the building permit without stamped designer drawings because of the change of use?
Conflicting Info
RECORDING # 10
Adam Clark- architect for a wall.m4a
I personally did not have a preference on occupancy or building type. I was fine using the property in it’s current status
RECORDING #11
David Lussier change of use.m4a
I only needed electricity and an internet connection to satisfy my needs. I changed the definition of the spaces to offices after Deputy Director of Planning Bradley Glass reviewed my proposal.
RECORDING #17
Brad Meeting- What do you want to do?.m4a
No one was confused on the building department side after that. They were only trying to find a way to prevent me from moving forward and leverage a need for stamped architectural drawings that cost $3000 or “make my life easier”.
Now during conference for the violation, before we went to court, I offered Deputy Corporate Counsel Robert Magee opportunity to review emails and listen to recorded conversations. He refused to review the evidence. The only thing he agreed to look at was the $400 receipt for the building permit. I told him the violation had arrived after the compliance deadline 8/23/2019. I made them aware the violation had my name and home address incorrect but I responded anyway because my property was involved. I also told him this was a retaliatory act related to me reporting Adam Clark’s extortionate behavior to Director Rick LaJoy.
Corporate Counsel
Unable to resolve these issues in court I passed by the Mayor’s office and gave some of the documented evidence I was unable to enter into evidence to Sarah Kampf.
I felt it was important the city knew what was going on even if Corporate Counsel was unwilling to review it. After dropping off the documents, the same attorney, Robert Magee, who refused to review the evidence, started to engage by email.
In my opinion, Robert Magee is the most dangerous component in this equation because he is definitively an enabler of institutional discrimination. I say this because he is too smart not to know better.
WILLFUL BLINDNESS
For example,
1) when he was offered an opportunity to review evidence, he chose plausible deniability by refusing to look at emails or listen to recordings before court.
2) He knew the violation had my name and address incorrect and allowed the court action to proceed
3) He knew the violation arrived after the compliance date of 8/23/2019 and allowed court action to proceed
4) He had to have known the witness for the city, Building Inspector Joshua Gold, never witnessed any work at 278 Hudson.
5) The painting in question was done over a year ago and only became an issue after I reported the extortionate behavior to Director Rick Lajoy.
6) The Painting Permit was applied for before the court date and was held.
Was any type of investigation was done after I informed Corporate Counsel Robert Magee the violation was a retaliatory act related to extortion and discrimination?
Robert Magee is not an ignorant man, but he wears pretend ignorance well.
I know without a shadow of a doubt, he knew there was something irregular at a minimum with the building permit process.
He knows I paid $400 for the building permit and his solution is to pay again and start over.
Let me piece this email up!
Mr. Spratt,
As you can see below, we appreciate the fact that there’s been some confusion on your end as to what is required to move forward here. As we’ve discussed, what needs to be done here is the following:
1. Obtain a change of use permit – The information we have is that this property was last used as a dry cleaner and you are now proposing to convert this into an office space. For this reason you need a change of use permit.
REF: RECORDING #12
Adam Clark- change of use on application.m4a
REF: RECORDING # 13
Tom- approval from Brad.m4a
2. Obtain a Building Permit- Based on information we have, you've preformed rehabilitation or construction work or plan to perform such work at 278 Hudson Ave. You need to obtain a permit for this work and as part of that you’ll need to submit plans stamped by a NYS Licensed Architect/engineer showing the work that was or will be done and the condition of the building before the work was done.
3. Obtain an electrical permit – We understand from the third party inspector you hired that a new electrical service was installed at 278 Hudson Ave.
NOTE-Multiple electricians already told me they were threatened or discouraged to pull the permit. Some even stopped answering the phone after contacting the building department.
NOTE- Rick Lajoy stated I can not have a electrical permit without a building permit.
You need to obtain a permit for this work. To obtain an electrical permit, you’ll need to have a license electrician submit an application on your behalf. This application will need to be accompanied by plans showing the work that was done.
REF: RECORDING #14
Rick LaJoy- You need building permit to get electrical.m4a
4. Obtain a painting permit – You need to obtain a permit for the painting that was done or any other change you’ve made to the appearance of the building.
NOTE: Application was received before the court date and the FEE IS $.01
THAT”S RIGHT ONE PENNY!!!!
Keep in mind, I spoke to Adam Clark’s contact in zoning and planning about painting the exterior in February of 2018. They said I did not need them to approve the existing colors but no one mentioned I need to go back to the building department and give them a penny so I could actually paint.
What was the legal reason stamped Architectural Plans were a requirement to approve Permit BC184067?
Adam Clark stated “going for a H classification to a B classification “ occupancy
Then the Deputy Director David Lussier states I have a F Class occupancy change
The Director Rick LaJoy stated it was not necessary after speaking with planning
Corporate Counsel Robert Magee’s response was: Director Rick LaJoy was confused.
The Director of the City of Albany, NY Building Department, who is the former Deputy Director, who was also a building inspector for the County of Albany and ran his own home remodeling business
for 8 years is confused ?!!!
To clear up the “confusion” on my end I asked once again :
What was the legal reason stamped Architectural Plans were a requirement to approve Permit BC184067?
His answer: 19 NYCRR 1203.3(a)(3)
However, it states in 19 NYCRR 1203.3(a)(1)… The following categories of work may be exempted from the requirement for a building permit:
(viii) repairs, provided that the work does not have an impact on fire and life safety, such as:
(a) any part of the structural system;(b) the required means of egress; or(c) the fire protection system or the removal from service of any part of the fire protection system forany period of time.
It appears they want the right to require Stamped Plans without defining what work related to the permits require Stamped Architectural Plans.
Am I aloud to have electrical service and running water without opening a Business? Do I need to call the spaces storage rooms and leave the registration as Vacant?
How was I supposed to get an electrical permit when the Director Rick LaJoy Instructed Jeff Dooley not to issue any?
RECORDING#9- Rick LaJoy stopping Jeff Dooley.m4a
In addition, It appears representatives of the City of Albany are forcing me to open a business in order to have repairs and or utilities at 278 Hudson Ave?
INSPECTION REQUESTS
OCTOBER 16th 2020
In the same email he gives the requirement that they receive stamped plans from a licensed engineer, he states
"If you don't believe the project is one that requires stamped plans, I'm sure we'd be happy to review your plans and, after making an inspection of the space, review that determination."
"If that is something you're interested in, please let me know and we can make the necessary arrangements"
The Building Department refused to make arrangements or do any inspections until
NOVEMBER 2nd of 2021
A new attorney was able to schedule an inspection with the Albany Building Department after 2 years and 5 months.
Keep in mind, The Building Department had the electrical service turned off January 2020 claiming there was a fire hazard.
INSPECTIONS
On November 2nd, 2021 David Lussier shows up and does the inspection he was supposed to do July 2018.
This is what he came up with
We need to break this 10 point list up.
1 - Building permit application for change of use from a laundromat (last known use) to an office must be applied for.
This is after I was told to leave it as a laundromat.
RECORDINGS #16
Adam Clark - Keep it as is.m4a
Talked to planning:
RECORDINGS #17
Brad Meeting- trying to comply.m4a
Bradley Glass drafted a letter for the building department:
2- Smoke and CO alarms are required per code. I’ve had working battery smoke alarm since February of 2018.
The hardwired alarms need electricity to work.
Alarms in every space of the building
Middle of Building
REAR of Building
Area 1
Area 2
Area 3
3- Area around electrical panel – 30” clear The scaffold was 31 and 1/2 inch away from the panel.
I moved it anyway.
4- Fire extinguisher (mounted)
Fire extinguisher been there since February 2018
So I put it on the wall
5- Lighted emergency exit lights per code.
This is so you know to exit the rear of the building through the 1(one) and only door in the rear of the building.
This also needs to be installed by licensed electrician and electricity.
6- Rear egress stairs up to exit must be constructed per code – currently none
This picture is what he is referring to.
None was just more pile-on, like he did not see the smoke alarms, measure the distance around the electric panel and needed the Fire extinguisher placed on the wall.
7- Layout of space – with measurements of the entire space, including doors, and windows locations must be submitted.
I thought that’s what David Lussier was supposed to be doing?
8- Removal of old electrical equipment
This is so a Licensed Electrician will know not to wire anything up to it.
9- Obtain an electrical permit for the new service + verify the existing wiring is code compliant
We already established why this wasn’t happening
RECORDINGS #22
Rick LaJoy stopping Jeff Dooley.m4a
10- Plumbing permit – will require a stamped sanitary riser diagram from a NYS licensed design professional
This one is new and interesting considering this location was last used as a laundromat. Ref: #1 above
I don’t know how the location could have been in business without a bathroom, running water and a sink.
Services- FEB 2022
ALL PERMITS NEED TO BE APPLIED FOR TO RELEASE PERMITS
I was forced to apply for a Plumbing Permit for the Bathroom and Sink in an EXISTING BUILDING.
2/21/2022
AS OF FEB 2023
PERMITS HAVE NOT BEEN RELEASED
REASON: Building Department wants a
"Stamped Sanitary Riser Diagram"
for the existing bathroom in an existing building.
This is odd since the toilet line and vent were checked 1/23/2018 before the water was turned on.
