Saturday, April 26, 2008

Court to Consider Injunction to Stop “Columbus Village” Construction

Hearing May 7 at 9:30 a.m., State Supreme Court, 60 Centre Street, Rm. 324

From Paul Bunten of Westsiders for Public Participation:

“A flash of hope has appeared for Park West Village residents among the shadows of steel beams and construction cranes that mark a community threatened by fragmentation.”

-Columbia Spectator newspaper, April 25, 2008

Once again, we filled the Second Presbyterian Church last night – this time to ask questions of Jack Lester, our attorney in the Westsiders for Public Participation lawsuit concerning the proposed “Columbus Village” development.

Court Date Set

Those who attended our meeting left knowing that the Department of Buildings has a firm deadline to act. Either the Buildings Department hears the neighborhood residents and acts appropriately, or a court will be asked to do it for them. An injunction hearing is scheduled for hearing May 7 at 9:30 a.m., State Supreme Court, 60 Centre Street, room 324. A successful hearing will stop the construction and force the developer to comply with the law – public participation.

Hearings on DOB Requested by City Council Member Viverito

Also, we are pleased to announce that our City Council Member, Melissa Mark Viverito has asked the City Council Speaker to hold public hearings on the manner in which the Department of Buildings grants permits in the city. More attention to necessary changes at the DOB will help us and other communities struggling with these problems. We thank Council Member Viverito for her action in trying to draw more attention to this continuing issue. As Jack Lester said, the resignation of Buildings Commissioner Patricia Lancaster is not going to solve the problems at the DOB. If anything, it was a public relations decision to sacrifice her and go on with business as usual.

Business as usual at the DOB is not acceptable on the east side, and it’s certainly not acceptable here on the west side!

Volunteers and Donations

Westsiders for Public Participation was created to assure the legal right to public participation, as well to provide a way for community stakeholders to volunteer services and contribute money towards carrying the lawsuit. Checks may be made out to “Westsiders for Public Participation” and mailed to the following address:

Westsiders for Public Participation

P.O. Box 20093, Park West Station

New York, NY 10025

Email: westsiders@earthlink.net

Friday, April 25, 2008

What the lawsuit aims to do . .

At the April 24, 2008 meeting of Westsiders for Public Participation, attorney Jack Lester described the case.

The Columbia Spectator reports:
At the meeting Lester recounted how city officials, like Manhattan Borough President Scott Stringer, are working to compel the DOB to review the Columbus Village development. In two letters sent to the DOB, one in July 2007—which received no response—and one in February of this year, Stringer listed his concerns about the development. Among the specific zoning violations are environmental damage and the fact that the proposed Whole Foods market to be built in the new commercial area is not a permissible local retail establishment. But the DOB, Lester claims, has conveyed only a lack of action. “The DOB did nothing, which seems to be what they’re good at,” he said.

Though the DOB reacted little to Stringer’s complaints, it responded promptly after Bunten filed his lawsuit on April 11, saying it would issue a decision on development in the next few days. Having not heard a decision by Wednesday of this week, Lester announced that Justice Milton Tingling would preside over the suit in a hearing scheduled for May 7.

Residents were thrilled to hear that finally the DOB would be instigated to act, yet they expressed anxiety about what would happen in the meantime. “How do we affect the process? How do we affect what seems like an inevitability going up around us?” one resident in attendance asked. Another resident echoed these concerns asking: “When do we get to the point where it doesn’t matter anymore?”

Lester said that even though the construction could persist until the environmental impact is irreversible, he has asked for an injunction—which would halt the construction and save the developer’s money and the community’s time. “We are where we are now—we can’t go back in time,” Lester said.

Steve Koulish, vice president of the nearby Central Park Gardens Tenants' Association (a member of the Coalition to Preserve West Park North), reported:

The complaint, filed on April 11, 2008, is an "Article 78 in the nature of a mandamus" - which means asking the court to order an administrative agency to resolve a matter before it. Here it means asking the court to force the Department of Buildings to issue a "final determination" stating whether Gluck and Chetrit (the Columbus Avenue and Amsterdam Avenue developers) may continue building "as of right" or whether they may be in violation of state and federal environmental impact and zoning regulations requiring public hearings and public participation.

The issue revolves around the fact that permits were issued for the development as if the developers were within current environmental and zoning regulations (which would not require public hearings and participation).

Manhattan Borough President Scott Stringer wrote a letter to the Department of Buildings (DoB) pointing out four areas where the developers may not be in compliance, and asked the DoB to conduct an investigation as to whether the permits should be revoked or at least suspended.

The DoB has to date ignored this letter and made no rulings or determinations. The lawsuit aims to force the DoB to rule one way or another. If as expected DoB just okays the existing procedures, Jack Lester will file an appeal with the Board of Standards and Appeals. He stated that this appeal would require public hearings, testimony and other evidence, and could result in the suspension of the construction or make the developers negotiate changes to the project.

If the plaintiffs (Paul Bunten and the community) do not win at this level, they could file an Article 78 complaint on the grounds that the Board of Standards and Appeals acted arbitrarily and capriciously. This of, course would take lots of money.

As a result, the Westsiders for Public Participation is asking for contributions from all those whose live are affected by the development. Contributions may be sent to:

Westsiders for Public Participation*
P.O. Box 20093
Park West Station
New York, NY 10025

*This group will be applying for tax exemption, but does not yet have that status.

Wednesday, April 23, 2008

Lawsuit meeting: Thursday, April 24 at 7:30 PM

  • Thursday, April 24
  • 7:30 PM
  • Second Presbyterian Church (96th & Central Park West)
Attorney Jack Lester will present the legal aspects of the Westsiders for Public Participation lawsuit, discussed in the article below.

From GlobeSt.com

UPDATE
Last updated: April 23, 2008 10:53am
'Columbus Village' Suit To Focus on Zoning Error
By Natalie Dolce


Park West Village
NEW YORK CITY-For Westsiders for Public Participation, a local community organization, is expecting to further an area lawsuit Thursday night, when it plans to hold a public meeting in an attempt to "highlight the New York City Department of Buildings' negligence on neighborhoods in the city." According to a prepared statement "these issues are endemic to the DOB and are not going to be solved by [Commissioner] Patricia Lancaster's departure."

The organization was recently formed by Paul Bunten, an area resident who has filed suit in attempt to force the developer of the proposed "Columbus Village" to comply with land use regulations and respond to community interests. The suit was filed against the DOB and 11 other defendants, plus 20 "John Doe" defendants, which are expected to be named at a later date. Queries to the DOB were unreturned by deadline, but in a previous article, which revealed the suit, a DOB spokesperson told GlobeSt.com that "we are awaiting the legal papers and will review them thoroughly."

Columbus Village is a commercial and residential development being built amid the affordable housing complex, Park West Village, owned by PWV Acquisitions. The proposed development plans for more than 320,000 sf of retail space, an underground parking garage and five residential towers.

The complaint, styled Bunten v. DOB et al, requests that the Court compel the DOB to perform its administrative duty to enforce New York City zoning provisions, so that the citizens of the community can participate in a public review process to protect the character of their community and their environmental rights. The suit asks for an injunction to stop construction, pending review of the zoning violations and all environmental issues.

The group's attorney, Jack Lester, who specializes in land use, will answer questions regarding the current lawsuit at the meeting, where more than a couple hundred of people are expected to attend. "We have asked our council member Melissa Mark-Viverito--District 8--to call a public hearing on the DOB's failure to properly uphold the zoning law with respect to the 'Columbus Village' project under construction," the release states. "Our attorney believes that the zoning error made by the DOB that allowed the tower where the crane collapse occurred, is exactly the same error that has been allowing 'Columbus Village' to proceed in all of its enormity, supposedly 'as of right,' and without an environmental review."

The organization says that fortunately they did not have a crane collapse at the site, but they did have a "construction failure." The release notes that "when it is all said and done, the development--if it proceeds as planned--would create the longest pair of unbroken street walls along any avenue in Manhattan. The main construction area, which runs between 97th and 100th streets along both sides of Columbus Avenue, is the most extensive in any residential neighborhood in New York City. Imagine the Javits Center with residential skyscrapers on top, plunked down in the middle of a quiet neighborhood."

In a previous statement, plaintiff attorney Lester said that "the DOB'S failure to discharge its ministerial duties has shut the door on the public review process, which should include a review and mitigation of environmental impacts as required under New York State law. The DOB's gross dereliction of its administrative obligations is allowing the developer to proceed under a cloak of secrecy and causing harm to the community."

Friday, April 18, 2008

Why we need an environmental impact review

The Westsiders for Public Participation lawsuit seeks an environmental impact review -- something that the developers have been unwilling to do so far, and our elected officials have not been able to enforce.

That review comes under the City Environmental Quality Review (CEQR) and looks at:
  • Land Use, Zoning, and Public Policy
  • Socioeconomic Conditions
  • Community Facilities and Services
  • Open Space
  • Shadows
  • Historic Resources
  • Urban Design/Visual Resources
  • Neighborhood Character
  • Natural Resources
  • Hazardous Materials
  • Waterfront Revitalization Program
  • Infrastructure
  • Solid Waste and Sanitation Services
  • Energy
  • Traffic and Parking
  • Transit and Pedestrians
  • Air Quality
  • Noise
  • Construction Impacts
  • Public Health
All of them are issues in our community. The West Side Urban Renewal Plan that led to the creation of Park West Village and the many Mitchell-Lamas -- the community before the new Gluck & Chetrit development -- required adequate light, air, water, sanitation, transit, traffic, schools, and community rooms and outdoor community facilities.

The developers are replacing 4 blocks of 1-story stores and three blocks of tennis courts with 5 tall luxury apartment buildings and a virtually unbroken wall of stores going up 2 stories and down another couple. The construction itself is affecting our health with noise and dust. But the final product will have long-term affects.

What will become of 97th Street when the 40 daily school buses are joined by massive delivery trucks for the new Whole Foods and other stores?

With hundreds of new families moving into the apartment buildings, how will the wonderful programs at P.S. 163 be affected?

Having lost our affordable shopping at C Town and the 99 cents store where will the different sectors of our community -- condo owners, public housing residents, and middle-income renters -- meet?

With the new wall of 4 buildings bisecting Park West Village, how will the residents of the seven original buildings keep their sense of community?

What does it mean to have a Columbus Avenue address with no access to Columbus Avenue?

These are only a few of the questions (see "Sense of the Community" in the right-hand column of this site) facing us as a community as this lawsuit develops.

Wednesday, April 16, 2008

Bunten review of April 14th Community Meeting

Review of Successful April 14 Community Meeting

Westsiders for Public Participation Created and Accepting Contributions

Next Meeting: Thursday, April 24 with Attorney Jack Lester


REVIEW OF APRIL 14 MEETING

April 14 Meeting a Success – Borough President Among the Speakers

Residents filled the Second Presbyterian Church on Monday, April 14, to ask questions and show their support for the lawsuit filed on Friday by local resident Paul Bunten against the Department of Buildings (DOB) and developers of the proposed “Columbus Village.”

Manhattan Borough President Scott Stringer also spoke in support of the action, and took the DOB to task for its lax oversight of developers.

Residents cheered the prospect of finally having input on the project’s effect on:

open space

access routes for vehicles and pedestrians

recreational facilities

contextual planning for the community

air quality

noise

The goal of the lawsuit is to achieve full public participation in all of these matters and more. The law requires it – those are the facts!

COMMUNITY ORGANIZATION CREATED FOR PUBLIC PARTICIPATION & CONTRIBUTIONS

In response to numerous requests from community residents, an organization has been created as a way for residents to volunteer and give money towards carrying the lawsuit forward. That organization is:

Westsiders for Public Participation
PO Box 20093
Park West Station
New York, NY 10025

Checks may be made out to “Westsiders for Public Participation”

(DO NOT write checks to Paul Bunten.)

NEXT MEETING - WHERE, WHEN, WHAT

In anticipation of the many questions about legal strategy and possibilities for success in the courts and New York City agencies, the next meeting will focus on this. Attendees will have an opportunity to ask questions of Jack Lester, a highly-experienced land-use attorney who has won victories in similar cases and is now fighting for our community. Next meeting:

  • Thursday, April 24, 7:30 PM (Doors open at 7:00)
  • Second Presbyterian Church
  • 6 West 96th Street – corner of CPW (entrance on south side of 96th Street)

Confirmed Attendee: land-use attorney Jack L. Lester, Esq., attorney for plaintiff

CONTRIBUTIONS

Paul Bunten writes: "Contributions of any size are welcome . . . every penny they contribute will be spent directly to fight for their legal rights as citizens . . . .Names of contributors will be held in strict confidence. We pledge our accountability to the community. Complete financial statements are available upon request." If you want receipts or regular updates, please provide Paul with your e-mail address.

He notes that contributions can be made payable to Westsiders for Public Participation and mailed to:

P.O. Box 20093
Park West Station
New York, NY 10025

Community Contact: Paul S. Bunten – paul.bunten @ gmail.com · (212) 932-2239

Columbia Spectator on the April 14th Lawsuit Meeting

Park West Residents Rally Around Lawsuit

PUBLISHED APRIL 16

Entering the Second Presbyterian Church, Anne Wangh immediately stood out from the stark white, ornately carved plaster walls. A red parka cloaked her petite frame, quiet alertness emanated from behind her gold-rimmed glasses. Wangh, like many of her neighbors, had been drawn to the church Monday night by the promise of change, though the events that would pass there would prove to be more of a beginning than a means to an end.

What drew Wangh to this church at West 96th Street is not what one would typically think of as worship, but it was indeed an act of faith. This faith, however, was not concentrated on a higher power, but more intrinsically vested in the members of the congregation.

Wangh is a seven-year resident of 788 Columbus Avenue, one of the seven original buildings that make up Park West Village—a residential complex originally designed as middle-income housing. Now, she, her Park West Village neighbors, and other community members are deeply troubled by a new commercial and residential development, Columbus Village, being constructed on both sides of Columbus Avenue between 97th and 100th streets.

“The huge shadow of the construction is being cast on me,” she said, adding later that, “The developers had to make a decision which building to sacrifice and they chose 788. We’re the sacrificial lambs.”

The construction of Columbus Village is the most recent in a series of changes that have drastically altered Park West Village since it was first constructed. Following the conversion of affordable apartments into luxury condominiums and mom and pop stores into chains, this new development will permanently alter both the physical and social landscape of the area.

While some, like Community Board 7 member Paul Fischer of West 97th Street, think the up and coming business enterprises—which would occupy 320,000 square feet—are “exciting for our neighborhood,” the majority of those in attendance at Monday night’s meeting staunchly disagreed.

“This is extraordinarily destructive of the community. It [Park West Village] was a real feather, a real beauty of the community,” Wangh said, adding, “We’re not that kind of area that should have a three-block-long commercial wall stamped in the middle of this very unique project.” David Dow, fellow 788 resident agreed, adding, “If I knew this building was going to be built right in front of me I wouldn’t have moved here.”

The purpose of Monday’s meeting was to disseminate information about a lawsuit brought by Paul Bunten of 372 Central Park West against the New York City Department of Buildings. According to the press release circulated by Bunten’s attorney, Jack Lester, the purpose of the lawsuit is “intended to force the developer of the proposed ‘Columbus Village’ to comply with land use regulations and respond to community interests.”

“This lawsuit is to ensure that all local stakeholders have a say,” Bunten said, adding that, “Full public participation has been delayed far too long. But it begins right here, right now.” To that end, Bunten announced the formation of a new community organization—Westsiders for Public Participation—that would allow more residents to get involved.

Standing up to address the congregation, Wangh threw her support behind Bunten and his cause. “We’re behind you Paul,” she exclaimed, “we’re with you.”

But while others also supported action against Columbus Village, many worried this lawsuit is coming too late. “This is a done deal anyways,” Fischer said. “It looks like we’re three or four years too late,” Joe Eisler, also a resident of 372, agreed.

Bunten responded to doubts saying, “don’t let a failure in imagination limit what we can do here.”

Maria Watson, Bunten’s neighbor and a former attorney, mentioned pushing for city review of the new development. According to Watson, New York’s standard land use review process should have been conducted before the Columbus Village project began, but there is no evidence any such evaluation took place.

In addition to concern about the impact of the new construction on the area’s infrastructure, residents like Shauna Zasslo of 784 raised concerns about how the construction was physically affecting the area’s landscape.

Zasslo noted the July collapse of a supporting wall located behind her building which led to the evacuation of all the building’s tenants to a nearby school for eight hours. Residents of the apartments closest to the collapse were not allowed to return for a week. “It was right by our laundry room,” Zasslo said, adding that in a report of the collapse released recently, “The engineers viewed the collapse as being caused by weakened bedrock.”

Zasslo’s comment on the areas potential physical instability raised further concerns: if the bedrock was already too weak to support a wall, then what could happen when the proposed 29 story tall residential tower was built in the same area? Residents fear that the results could be disastrous, and force them all to evacuate for much more than a few hours, maybe permanently.

“Our laundry room floor is reconfiguring,” Zasslo added, continuing to question the “structural soundness of the entire project.”

As if in response to Zasslo’s concerns, Manhattan Borough President Scott Stringer entered the church after having been delayed by an East Side construction disaster that killed an on-site worker earlier in the day.

“I do know how painful this process is. I know there has not been an easy answer to this. The developer has simply rolled this community,” Stringer said.

Community members also questioned the impact the Columbus Village construction could have on local schools. Richard Rubin, a parent of P.S. 163 students, voiced his concerned not only about the “number of students coming into our school” as a result of new Village residents, but also the location of a construction crane beside Happy Warrior Playground. According to Rubin, the New York City Department of Education came to examine the issue and “suggested we cancel recess, cancel all outdoor activity for the entire year.”

Stringer promised to contact the school’s Parent-Teacher Association Tuesday to resolve this debacle.

Despite the promises and optimism of Monday’s meeting, Bunten won’t give up the tenacity of his efforts. “We have talked till our faces are blue. Time to make them stop.”
As the meeting closed, Wangh gripped the back of the pew in front of her and rose to a triumphant shout for success: “Yes we can!”

lydia.wileden@columbiaspectator.com

Tuesday, April 15, 2008

New Lawsuit - Meeting Summary

Although I could not attend the meeting on April 14th about the new lawsuit, I received several reports. A summary is below, and it will be changed as I receive more comments.

The next meeting is:

  • THURSDAY, APRIL 24
  • 7:30 PM
  • Second Presbyterian Church (same place as the last meeting), 96th St. & Central Park West.
Attorney Jack Lester will discuss the legal process (and I hope the substance) for the suit.
______________________________________


SUMMARY
This summary comes from reports I was given -- and I welcome corrections and further details. Notes that are in brackets [ ] are my own interpretation. - Sue

The meeting was well organized, with Park West Village (PWV) residents helping their neighbors to find the church, to find seats, and to take the index cards available for questions & comments. Apparently there were about 150 people present.

PWV resident Paul Bunten, who brought the lawsuit, opened the meeting with an invitation to the community present to create "Westsiders for Public Participation, " and to raise questions and present comments. He noted that Lois Hoffmann, Vivian Dee, and Jean Dorsey and others had been working on this community participation effort for some time.

The intent of the lawsuit is apparently to enable input on all 5 buildings (the 3 on the east side of Columbus between 97th & 100th, the 1 on the west side of Columbus between those streets, and the one on the corner of Amsterdam and 100th). The lawsuit is against the NYC Department of Building, and possibly against other city agencies that have failed to be effective.

Paul stated that Jack Lester [ the lawyer who represented Stuyvesant Town residents in their key card case] feels strongly about having community input into the development and an environmental impact statement, and believes that this suit will shine a light into the dark areas of the city bureaucracy.

Other PWV residents helped bring the microphone to questioners / commenters, and Paul answered some of the questions. Below are a few comments reported to me:
  • Dorri Jacobs stated that she had developed cancer as a result of living right next to the construction site, and emphasized the impact of this development on residents' health.
  • Anne Wilson Wangh cheered on the community and offered her support for the effort.
  • Jean Dorsey noted that while our elected officials have been behind the community (providing support while lagging a bit), they were welcome to catch up with us. She dreaded the "beep beep beep" of the many, many trucks backing up on narrow 97th Street to get into Whole Foods once the construction is completed.
  • Manhattan Borough President Scott Stringer said that despite his office's hard work, they had been unable to protect this community, but his letter to the Department of Buildings should put the DoB on notice.
  • A PTA member - the father of a child at P.S. 163 - noted that there was no protection for the children using the Happy Warrior playground right next to the Amsterdam Avenue construction site. He urged that the children's safety be part of this case.
  • Bill Gellerman praised the effort to form a community effort and not just back a lawsuit.
______________________________


Some questions that I have received and that may not have been raised or answered at the meeting:

1. What are the goals of the lawsuit?

2. What can we expect to come out of this lawsuit?

3. How much is the lawsuit likely to cost and who is bearing the
burden of that cost now -- and will bear it in the future?

4. How long is it likely to take?

5. Can/will work be stopped on the construction while the lawsuit is going on?

Sunday, April 13, 2008

New Lawsuit Seeks Environmental Review

Lawsuit Filed Seeks

Environmental Review of Proposed "Columbus Village";

Substantial Modification of the Project May Be Required;

Buildings Department’s Inaction Called Negligent


[See the Columbia Spectator article]

_____________________________

An open meeting was held Monday, April 14th at the Second Presbyterian Church.

____________________________________________

In an action intended to force the developer of the proposed “Columbus Village” to comply with land use regulations and respond to community interests, an area resident filed suit today in New York State Supreme Court against the New York City Department of Buildings and eleven other defendants, plus 20 “John Doe” defendants to be named later.


“With the encouragement of the Department of Buildings, the developers have been acting as if City zoning laws, State statutes, and Federal legislation don’t apply to them, and have felt free to ignore community concerns about disproportionate scale, environmental impact and construction safety,” said Paul Bunten, the plaintiff and a resident of 372 Central Park West, one of the four condominium buildings in Park West Village. “This lawsuit intends to ensure the full public participation of all community stakeholders – owners, tenants, and businesses – in the planning process for our community.”


The environmental review process sought by the lawsuit would require public testimony concerning the impact of the proposed development on such factors as socioeconomic conditions, traffic, parking, transit, pedestrians, open space, shadows, and neighborhood character. The development plan would then have to be modified in order to mitigate the impacts identified by the public’s participation in the review process.


Jack Lester, attorney for the plaintiff, said: “The project would eliminate legislatively protected open space, access routes for vehicles and pedestrians, recreational facilities and the contextual planning for the community, and replace them with increased congestion, density, pollution and incidence of asthma. It will destroy the unique neighborhood character and livability of the historic
Park West Village.”


The proposed development plans for over 320,000 square feet of retail space, an underground parking garage and five residential towers. The central spine of the project along
Columbus Avenue would create the longest pair of unbroken street walls along any avenue in Manhattan.


Thousands of residents, a public school, a health clinic and numerous businesses are within one block of the construction sites. The main construction area, which runs between 97th and 100th streets along both sides of
Columbus Avenue, is the most extensive in any residential neighborhood in New York City.


Mr. Bunten noted that many neighborhood residents are looking forward to additional shopping options, including announced anchor tenant Whole Foods.

“We want to work with Whole Foods and expect that they will come to the table as responsible citizens of the neighborhood,” said Mr. Bunten. “All of the people who live and work in a place should have an influence over the decisions made about it.”


Community Contact: Paul S. Bunten – paul.bunten @ gmail.com · (212) 932-2239