Tenant Protection Plan "fails drastically": Independent engineer's report on 711 WEA development

The tenants at 711 W.E.A. have published a report from an independent engineer who reviewed Kalikow's permit application. The report is here (page 2 of the linked document.) It finds that the Tenant Protection Plan "fails drastically to account for both the size and complexity of the project, and ultimately falls short on every code requirement" the developer is required to address.

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Developers used 4-week lapse in building code to win permits that would now be illegal

Tenants of 711 West End Ave. have issued a press release explaining how the developers managed to secure construction permits that are widely believed to be unsafe, and would now be illegal.

Current NYC building codes for tenant protection don't allow developers to claim they're constructing a "new, unoccupied building" on an occupied site unless they vacate and demolish the existing building. But Kalikow (the developers at 711 W.E.A.) have done just that. They submitted their applications during a short window of time when NYC building codes weren't in effect.

We don't know why the codes weren't in effect during that time, or how Kalikow knew they could build their huge project around that short time gap.

Read the press release here. The PDF includes an independent engineer's report, which finds that the developer's Tenant Protection Plan (required by DOB) is deeply inadequate. It also includes information from tenants' meeting with DOB Commissioner Rebholz.

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Photos from today's school/tenant protest

Photo credit: Gerson Romero

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Assemblymember O'Donnell's statement

 “This proposal is a recipe for disaster. There are so many red flags, from the idea of erecting a 10 story addition on top of a fully occupied building in the first place, to the presence of a school immediately across the street, to the dangerous highway exit running alongside the proposed construction. I have been strongly opposed to the development at 711 West End Avenue since I learned about the proposal. It is crucial that the City take a proactive stand to protect learning environments for students and the safety of all residents. Our children’s health and education, and our community’s safety should not be damaged in the interest of real estate development.”

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PS75 parents' statement at this morning's protest

Just two days ago, the Landmarks Preservation Commission voted to extend the West End Ave. historic district to cover our block and 711 West End Ave.

Designating the block as “historic” means that developers can’t just throw up a building – it means they have to acknowledge that there’s a community here, with a history and an integrity.

But the developers knew the vote was coming, so they slammed through a bunch of permits to avoid being accountable. The Department of Buildings issued permits on June 22 – the day before the LPC hearing – and apparently even on June 23. 

We already had concerns about tricks the developers were using. They’ve applied for a million little permits instead of transparently submitting their whole project. They tried to claim the building had no tenants! Now we know for sure they’re trying get around the accountability mechanisms that are supposed to protect the community.

But our questions are for DOB, and for the Mayor. What is DOB’s involvement with these developer tricks? After months of community efforts to work with DOB to address huge concerns, how did DOB just happen to approve the projects at the precise moment before the LPC’s vote? 

And to the Mayor: where are you? This community has written to you, emailed you, called for your help in the press. We have heard nothing from you.

DeBlasio is supposed to be the Mayor for affordable housing, and here’s a developer warehousing rent-stabilized apartments and dodging their responsibility to protect existing tenants. 

DeBlasio is supposed to the mayor for Vision Zero, and here’s a project that will bring heavy traffic dangers to kids at the deadly corner where he launched Vision Zero himself.

DeBlasio is supposed to be the mayor for education, but this amazing community school is about to be destroyed by years of construction noise and danger literally hanging over our kids’ heads. And when we call on the Mayor for help, we get silence.

We may just be public school parents and not real estate developers, but we are out here to demand answers and accountability. DOB issues construction permits that affect communities on every level, from affordability to safety to education – and they don’t have to coordinate with a single other agency. That doesn’t make any sense. Vision Zero convenes six agencies to collaborate just on street safety! But DOB doesn’t have to collaborate with any other agency, much less community, in deciding where it’s okay to launch massive multiyear construction.

We’re calling on the mayor to step in and make DOB accountable to standards set by other agencies – we need DEP, DOH, DOE, DOT, and HPD, and we need them now.

And we need the Mayor to look at these totally suspect construction permits issued to luxury developers at the 11^th hour, and ask the hard questions about what kind of shady business is going on here between DOB and the developers.

Mr. Mayor, we are waiting for your answer.

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UPDATED Thurs 6/25: Parents, tenants, electeds will protest planned construction

UPDATED: PRESS ADVISORY

Date: June 24, 2015

Contact: Emmaia Gelman (917) 517-3627, emmaia.gelman@gmail.com

UWS WILL RALLY TO OPPOSE LUXURY CONSTRUCTION THAT WOULD HOBBLE TWO PUBLIC SCHOOLS, SHRINK AFFORDABLE HOUSING

Parents demand answers on suspect DOB permit approval just the day before the Landmarks Preservation Commission vote that would have slowed development.

WHO:	Parents of P.S.75 & West Side Collaborative Middle School Tenants of 711 West End Ave. and surrounding buildings NYC Councilmember Helen Rosenthal NYS Assemblymember Danny O’Donnell
WHAT:	RALLY to protest DOB’s suspect approval of permits construction at 711 West End Ave., and call for Mayor de Blasio to protect schools and communities against catastrophic effects of NYC’s luxury construction boom.
WHEN:	Thursday, June 25th, 8:10am
WHERE:	Rally: NW corner of West 95th Street and West End Ave.

BACKGROUND:

In the wake of DOB’s last-minute gimme to luxury developers, UWS community members call for the Mayor to engage DOB with city agencies responsible for the right to education, safety, environmental quality, and affordable housing.

Proposed experimental high-rise construction at 711 West End Ave. would overwhelm PS 75 and West Side Collaborative middle school, and exacerbate dangers at the deadly intersection where Mayor deBlasio launched Vision Zero. The construction as proposed will make it impossible for students to learn and create an exodus from the schools. Affordable housing is also threatened. Rent-stabilized apartments have been vacated and warehoused, and the disruption to surrounding buildings is expected to be shattering.

The Department of Buildings does not require developers to account for their impact on the community.

The community is calling on the Mayor to direct DEP, DOE, DOH, DOT, and HPD to engage with DOB to ensure safety, student rights, and tenant rights are addressed in permit applications. Such coordination is not unprecedented: Vision Zero requires most of the same agencies to collaborate on street safety. The city should implement Community Protection Plans for all such construction, parallel to the mandatory Tenant Protection Plan.

To date, the community’s requests for the Mayor’s help have gone unanswered.

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http://dontdestroyUWS.blogspot.com

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Breaking news from 711 W.E.A. tenants fighting construction

BREAKING NEWS!

 TAG Challenges Developer’s Tenant Protection Plan

On June 14 TAG filed the strongly worded report of our structural engineer with the Department of Buildings (“DOB”) to challenge the “Tenant Protection Plan” (TPP) submitted by developer Kalikow in support of its application for a permit to construct a ten-story luxury condominium atop 711 West End Avenue, our rent-stabilized, mid-1950’s combustible red brick building.  Note that 711, which has144 units, is nearly fully occupied.  While the DOB initially approved the TPP on May 29, 2015, under the New York City Building Code there is 15-day post-approval period within which to revoke the plan. Our submission of the engineer’s powerful report fell within that challenge period.

TAG also sent copies of the engineer’s detailed, five-page report to Council Member Helen Rosenthal and State Assembly Member Daniel O’Donnell, both strong supporters of TAG, as well as to a number of other elected officials.

Key Conclusions from Engineer Report

Under the New York City   Administrative Code a developer must file a tenant pro­tec­tion plan for any dwelling that will be occupied during on-site construction. Under the Code: "The elements of this plan… shall make detailed and specific provisions” for the safety and well being of the extant tenants. The TPP must address the issues of noise, dust, egress and fire.

The engineer wrote, “It is my finding that the Tenant Protection Plan submitted is very general, fails drastically to account for both the size and complexity of the pro­ject and ultimately falls far short on every code requirement cited above.” He found that the TPP neither makes any provision for the structural safety of the building nor for the tenants living in it.

What Next?

Based on the depth of the engineer’s report and its strong conclusions, our TAG attorneys sent an accompanying letter to DOB Commissioner Rick D. Chandler, with a copy to DOB Manhattan Borough Commissioner Martin Rebholz, to urge that they reject the Kalikow Tenant Protection Plan in its entirety.

TAG is now awaiting the DOB’s response.  In the meantime we continue to work with our attorneys, our engineer and Council Member Helen Rosenthal to secure any and all documents supporting any approved applications for the planned con­struction in order to continue to challenge the viability of this dangerous construction.

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Our call to Mayor de Blasio

[Want to add your name to this call to Mayor de Blasio? Click here.]

Dear Mayor de Blasio,

Our community is under siege by developers hoping to cash in on the resurgent housing market. The proposed construction at West End Ave, and West 95^th Street will be devastating for affordable housing, it will massively disrupt two public schools and endanger students, and it will exacerbate traffic an already-deadly intersection.

As the city proceeds into a new luxury housing boom, the Department of Buildings’ approval of construction permits has more and more impact – but it’s uniquely uncoordinated with the city’s goals.

• You set out to ensure all kids have access to pre-K and Kindergarten, but DOB can issue permits that effectively shut down their schools.

• Your much-touted Vision Zero coordinates six city agencies for street safety – but DOB, which approves major street changes so that heavy equipment like cranes can set up for multi-year projects – isn’t one of them.

• You’re working to create affordable housing, but DOB can approve permits that effectively force rent-regulated tenants out of their homes.

Because the construction atop 711 West End Ave. will be so destructive, the community broadly opposes it. But DOB is not bound by any policies that make it accountable to our community. DOB’s recent move to bring this particular project into its High-Rise Unit for increased scrutiny is welcome, but it doesn’t address these problems.

Currently, construction must include a Tenant Protection Plan that (in theory) prevents construction from destroying existing tenants' lives. But large-scale construction is impacting communities far beyond existing tenants, and there are virtually no checks on those impacts. In a tightly-packed city where luxury construction is looming over schools, streets, and affordable housing, the construction boom is literally destroying communities.

MR. MAYOR, USE YOUR AUTHORITY TO INTERCEDE IN THE DESTRUCTION AT 711 WEST END AVE. IMMEDIATELY -- BEFORE THE DAMAGE IS DONE. Please direct DOE, DOH, DOT, and HPD to engage with DOB to ensure safety, student rights, and tenant rights are addressed before permits are approved.

We also urge you to act to require a Community Protection Plan for all such construction, to substantively, transparently provide for street safety, air quality, school protection, and the retention of affordable housing.​

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Press Release: PS75 & tenants Protest on May 19, 2015

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Community joins together to protest deadly construction

[Here we post info about the protest.]

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