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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DNAinfo: Opponents of UWS Project Protest Last-Minute Construction Approval

"The tenants said they pooled funds and hired an engineer to evaluate the developer's Tenant Protection Plan, which typically outlines mitigation for factors like dust, noise and points of egress. The engineer found the plan inadequate, they claimed. 

"Tenants officially submitted a challenge to the developer's plan, but a DOB examiner already approved the safety plan Monday. Opponents still have until Aug. 2 to submit other challenges to the project. 

"Part of the problem is that not all of the developer's plans are publicly available, specifically the plan to excavate under the building, said tenant Terry Galo."

Read the article: http://www.dnainfo.com/new-york/20150626/upper-west-side/opponents-of-uws-project-protest-last-minute-construction-approval

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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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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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Mapping the danger

Above is a simple visual map of the intersection at 95th Street and West End Ave. Compare to Platt Byard Dovell White's rendering of West 95th Street, submitted with their original application to DOB. (In their version, 95th St. is a wide, two-way boulevard with no one parked on it...)

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