Appeal to Bd of Standards & Appeals

From Westsiders for Public Participation (slightly amended for this website)

Westsiders for Public Participation
P.O. Box 20093, Park West Station, New York, NY 10025
westsiders@earthlink.net

Update – Friday, May 30, 2008

Department of Buildings’ Extension to Developers Set to Expire;

WPP Case Heads to Board of Standards and Appeals

The Department of Buildings (DOB) agreed with WPP and with Borough President Scott Stringer on two of four of our objections to the proposed “Columbus Village” development. The DOB issued a letter of intent to revoke the permits for 808 Columbus based on those two objections. That original deadline was May 16. The revocation deadline was extended on May 16 for another ten business days.

WPP promises to hold DOB accountable to properly overseeing the developers on these issues. We will file a Freedom of Information Law request immediately upon the completion of the ten-day revocation extension. If the DOB approves the previously revoked permits, WPP will take further action. Business as usual at the DOB stops here!

The developers are not likely to be able to satisfy the issues of curb cuts and parking spaces, even if they seem small. In addition, these issues were merely the tip of the iceberg of what we intend to bring up in court. Remember, we still do not have all of the approved plans for most of the development.

DOB is not the final word on any of these issues and we will take further legal action to protect our rights. Our goal is what the law requires: public participation in an environmental review of the proposed development’s impacts upon our community, followed by required mitigation of those impacts.

Our elected representatives support us in this action. Congressman Charles Rangel, State Senator Bill Perkins, State Assembly Member Daniel O’Donnell, and City Council Member Melissa Mark-Viverito, have all agreed to join our suit in progress.

This is what we have done, and what we will do:

1. We have prepared an appeal to the Board of Standards and Appeals (BSA), a higher agency than the DOB on the two zoning violations not upheld by DOB (relating to inadequate allocation of open space, and size of retail establishments). This appeal will be amended to include additional zoning violations throughout the proposed “Columbus Village” as they are identified.

2. We will schedule an injunction hearing to halt construction pending the outcome of the BSA appeal.

3. We will take additional legal action in court to discover full information about everything that has been approved for all five construction sites, including whatever may not yet be known about 808 Columbus. Appropriate legal action will be taken concerning all instances of zoning non-compliance as they are discovered.

4. The BSA will be copied on the Freedom of Information Law request, and we will amend our appeal if the DOB approves the previously revoked permits.

What Can We Say at the BSA?

Coming up in June, we will have a session with our attorney, Jack Lester, who will explain how all of the members of our community can participate at the BSA.

Message to NYC: Business as Usual at the DOB Stops Here!

Park West Village has a proud history of standing up for citizens’ rights. As far as we know, we are the only community organization that has taken the DOB to court to insist upon the legal rights of all community stakeholders. In so doing, we hope to offer leadership to other communities like ours who want to remain livable within the current climate of rapid urban growth.

Report of 5/22/08 Meeting of Westsiders for Public Participation

Excerpted report:

1. Local elected officials support the lawsuit.

2. What good is an Environmental Review?

3. “What You Can Say at the BSA” with Attorney Jack Lester. Session Coming Up – Date in June to Be Announced

4. Would the Construction that’s Already done really be Taken Down?

Elected Officials Speak Out at Thursday Meeting

State Senator Bill Perkins, representatives from the offices of Congressman Charles Rangel and State Assembly Member Daniel O’Donnell, have joined as co-plaintiffs along with City Council Member Melissa Mark-Viverito. Jessica Silver from Borough President Stringer’s office stated her expectation that the Borough President would soon be able to join our district’s elected representatives as a co-plaintiff.

What is an Environmental Review?

An environmental review, which is required under City and State law, is an extensive, professionally prepared document that requires the full participation of our community and studies 20 factors that encompass all of the affects of new development upon the community. “This is not something the developers can just write themselves,” said Paul Bunten, WPP president. After the review is done, the developers will have to address the impacts of its findings, “which could mean the entire project will have to be rethought from the ground up,” Mr. Bunten said.

What Can We Say at the Board of Standards and Appeals?

In June, we will have a session with our attorney, Jack Lester, who will explain how all of the members of our community can participate effectively in the upcoming public hearings concerning our issue before the Board of Standards and Appeals (BSA).

Would the Construction that’s Already done really be Taken Down?

Questions were asked about whether the developers can be forced to remove all of the construction they are so hastily putting up. “The developers are on notice from DOB; they are building illegally and at their own risk,” said Mr. Bunten. “Other developers who overstepped their bounds have had to re-plan after the community got involved. What goes up so quickly and hastily can easily come down just as quickly.”

Politicans Join Westsiders for Public Participation Lawsuit

From: Westsiders for Public Participation, westsiders@earthlink.net

As of Wednesday, May 21, 2008

Contents

1. Elected Officials Commit to Join WPP Lawsuit:

• Congress Member and House Ways & Means Committee Chairman Charles Rangel
  
• State Senator Bill Perkins
  
• State Assembly Member Daniel O’Donnell, and
  
• City Council Member Melissa Mark-Viverito
  

have committed to join as co-plaintiffs in our lawsuit concerning the proposed “Columbus Village.” (Read more below.)

2. DOB Permit Revocation Deadline Extended;

3. Community Meeting Thursday May 22 to Focus On Environmental Review Issues – What Questions Will a Review Answer?

Substance

1. Elected Officials Commit to Join Lawsuit

State Senator Bill Perkins, State Assembly Member Daniel O’Donnell, and City Council Member Melissa Mark-Viverito have committed to join as co-plaintiffs in our lawsuit concerning the proposed “Columbus Village.” Senator Perkins (30th Senate District), Assembly Member O’Donnell (69th AD) and Council Member Viverito (District 8) represent the Park West Village community, and have long seconded the community’s call for input into decisions that will affect our lives forever. As of May 21st, Congressman Charles Rangel has joined as well: Now in his 19th term as Representative, Congressman Rangel has long demonstrated leadership in the development and revitalization of urban neighborhoods throughout America.

“I am proud to join my fellow constituents and public servants in this lawsuit,” Congressman Rangel said. “I commend Westsiders for Public Participation for their vigilant efforts in bringing true, transparent and inclusive community involvement to this huge project. I am hopeful that this lawsuit will help bring about the kind of necessary input that my constituents have demanded for years.”

Congressman Rangel’s district comprises East and Central Harlem, the Upper West Side, and Washington Heights/Inwood.

We welcome our elected officials’ commitment to helping us realize our goal: public participation in an environmental review of the development’s impacts upon our community, followed by required mitigation of those impacts.

2. Manhattan Borough President Says Department of Buildings Deadline Extended

The DOB has stated that it “intends to revoke the approval(s) and permit(s)” for 808 Columbus Avenue unless the developers can correct their zoning compliance related to parking spaces and curb cuts. The deadline set by DOB for the developer to respond was today, Friday, May 16. Manhattan Borough President Scott Stringer’s office reported to us late today that DOB, which has based its revocation order on the complaints of the Borough President, had met with the developers and extended their deadline for response to the revocation notice. We do not believe the developers will be able to satisfy their zoning non-compliance issues, and we will also continue to hold DOB accountable to properly overseeing the developers on these and many other issues.

No matter what the DOB does, the zoning violations that have already been identified will now be appealed to the Board of Standards and Appeals (a higher agency than the DOB), and we will schedule an injunction hearing in State Supreme Court to halt construction pending the outcome of the BSA appeal. Our case is not dependent on the DOB action, on its deadlines, on parking spaces or on curb cuts! We will take additional legal action in court to discover full information about everything that has been approved for all five construction sites, including 808 Columbus. Appropriate legal action will be taken concerning all instances of zoning non-compliance as they are discovered. Remember, we still do not have all of the approved plans for most of the development.

3. Public Participation Continues – Our Next Community Meeting

Our next community meeting will take place at

• Second Presbyterian Church, 6 West 96th St. (corner CPW, entrance on south side of 96th Street)
  
• Thursday, May 22, 2008,
  
• 7:30 PM (doors open at 7 PM).
  

WPP president and founder Paul Bunten will update us on the progress of the community lawsuit, and answer the community’s questions about it, including the importance of the environmental review the community is requesting.

What Questions will an Environmental Review Answer?

The community has many environmental concerns that the developer has not answered, because they have not been required to do so, but our concerns WILL be addressed under the legally required environmental review process. What environmental issues concern you most? Community stakeholders have repeatedly raised the following areas of concern. Bring your own concerns to the community meeting on May 22.

1. How will the already crowded 96th Street subway stops be able to handle the additional ridership?

2. How will a destination commercial mall impact traffic in the community?

3. How will trucks be routed through the neighborhood streets and across Central Park?

4. At what hours will the stores receive deliveries?

5. How late will stores be open?

6. How will already sparse street parking be impacted?

7. How much additional pollution will be caused by traffic and by commercial operations?

8. How is it possible to locate commercial loading berths on the same block as a public elementary school and a health clinic?

9. What will be the impact of an influx of transient commercial shoppers?

10. How will condominiums protect the integrity of their playgrounds, green spaces and internal walkways from a large increase in pedestrian traffic?

11. What additional security needs will be created in the community?

12. What will the project do to noise levels in the community?

13. How will trash pickup be handled for the residences and commercial operations?

14. How will sewage and storm runoff be routed?

15. How will the underground garages be ventilated?

16. How will residents in the existing adjacent buildings be affected by suddenly having apartments facing them across a newly created alley?

17. How much sunlight will be lost and how much creation of long shadows on our open spaces will be caused by the reidential towers?

18. How will new commercial development affect the independent local merchants already in the community?

19. How will the community be impacted by the canyon-like effect that will be created by the twin street walls along three blocks of Columbus Avenue?

20. How will residents be compensated for the closure of walkways they have used for decades?

21. How will the new development affect public health?

The Commitment of Westsiders for Public Participation

FIRST: Assure every community stakeholder the legal right to public participation, in every decision that's made about the Park West Village community.

SECOND: Empower all community stakeholders by providing a focus for the contribution of services and funds in support of the Westsiders for Public Participation community legal action.

THIRD: Provide leadership and education to the communities of New York City who want to remain livable within the current climate of rapid urban growth, by working with community stakeholders to identify and exercise their rights to public participation.

************

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

Rent Stabilization - Part of this neighborhood

Rent stabilized apartments are an important part of the mix of this neighborhood. But rent stabilized apartments are being lost at a tremendous rate as apartments become vacant. The New York Is Our Home campaign (including Housing Here & Now, Tenants & Neighbors, the PIE Campaign and many other tenant advocacy groups) is going to Albany on Tuesday, May 13 to support a bill, A7416-A by local Assembly Member Linda Rosenthal that would repeal vacancy decontrol.

Let's work to ensure this bill is the very first one passed if and when the Senate Majority Leader is no longer Republican Joseph Bruno in 2009. Come to Albany. Below is the flier from New York Is Our Home:

NEW YORK IS OUR HOME!

Join Tenant Leaders and Community Groups for a rally to

REPEAL VACANCY DECONTROL!

Cheer the Assembly as they pass a bill to repeal vacancy decontrol and strengthen other tenant protections.

Lobby the Senate to make these protections law!

New York is Our Home Campaign Rally

Tuesday, May 13^th

ALL DAY

The State Capitol in Albany

Sponsored by: ACORN, Community Voices Heard, Make the Road New York, Met Council on Housing, Northwest Bronx Community and Clergy Coalition, NYC AIDS Housing Network, Tenants & Neighbors, The New York Immigration Coalition, Working Families Party (List in formation)

Bring lunch, snacks or food money, along with signs, banners and your neighbors!

Bus locations throughout the city will leave starting at 8am.

RSVP & we’ll direct you to the nearest location.

For more information: Julie or Chloe at Housing Here and Now
212-608-5122, julie@housinghereandnow.org

Westsiders for Public Participation

The next community meeting is:

• Thursday, May 22, 2008
• 7:30 PM (doors open at 7 PM)
• Second Presbyterian Church at 6 W. 96th St. (corner of Central Park West, entrance on south side of 96th St.)
  

Latest Developments

The Dept. of Buildings (DOB) has issued a letter stating its intent "to revoke the approval(s) and permit(s)" for 808 Columbus Avenue – potentially halting work on the proposed "Columbus Village" after Friday, May 16. It gives the developers 10 days to correct these two issues:

1) the plans for 808 Columbus do not provide sufficient details on
size, location, number and accessibility of parking spaces in the new
building; and

2) the developers must provide a plan indicating existing and
relocated curb cuts – specifically indicating that the total width and
number of relocated curb cuts has not increased over what had existed
previously.

The DOB stated in that it does not have authority to revoke permits based on two other issues – inadequate allocation of open space, and size of retail establishments.

But the DOB is not the final word.


What's next:

Westsiders for Public Participation (WPP) will :

1) Amend its complaint to reflect the fact that the DOB has at long last issued a final determination letter – a necessary step for the appeal to the Board of Standards and Appeals (BSA).

2) Prepare an appeal to the BSA on the two zoning violations not upheld by DOB. This appeal will be amended to include additional zoning violations throughout the proposed "Columbus Village" as they are identified.

3) Schedule an injunction hearing to halt construction pending the outcome of the BSA appeal.

4) Take legal action to discover full information about everything that has been approved for all five construction sites, including whatever may not yet be known about 808 Columbus. This includes all instances of zoning non-compliance as they are discovered: our community still does not have all of the approved plans for most of the development.

Come to the meeting on Thursday, May 22nd.

For more information, contact westsiders@earthlink.net

Stringer explains Dept. of Buildings response

Dear Neighbor:

Today I write with good news. We are finally seeing progress in our long fight against illegal development at Park West Village.

As many of you are aware, last July 27, 2007 I sent a letter to the Department of Buildings (DOB) questioning the legality of the proposed development on Park West Village, known as 808 Columbus Avenue. The challenge was four fold:

• Elements of the plan restricting access to open space makes the building's density illegal;
• Existing parking spaces have been moved into the planned new structure without the required public review;
• Curb cuts have been moved without city planning approval - adding dangerous driveways to a block where both a school and a medical center are located; and
• Finally, on a street that is clearly zoned for local retail, space is being built for the largest Whole Foods store in the entire country - 57,000 square feet. This is clearly not local retail and will have traffic impacts on the nearby school and health center.
  

On October 24, 2007, DOB issued a letter disagreeing with my assessment. I carefully reviewed that letter and believed that I was still correct. I responded with a letter stating so and requesting a final determination from DOB.

Today I received a letter from DOB conceding that they lacked sufficient information to ensure that the proposed parking garage and curb cuts for 808 Columbus Avenue are in compliance with zoning law. However, DOB maintains that the access to open space and size of the planned retail establishment conform to zoning code. As a result of this new determination, DOB has given the developer 10 days to prove that their plans are compliant with zoning law or their building permits will be revoked.

DOB's actions are a step in the right direction. While I disagree with DOB's continued rejection of my concerns around access to open space and the permissible size of planned retail, I am hopeful that the lawsuit filed by Westsiders for Public Participation will successfully continue the fight at the Board of Standards and Appeals.

Yours sincerely,

Scott M. Stringer
Manhattan Borough President

Alert: DOB may revoke permit!!!!

Monday, May 5, 2005 - ALERT from Westsiders for Public Participation


DOB States Intent to Revoke Permits for 808 Columbus

Details on Implications to Follow By Tomorrow;

Wednesday, May 7 Court Hearing May Be Postponed


Two days before our scheduled court hearing on the matter, our attorney has received a letter from the Department of Buildings, stating that the DOB “intends to revoke the approval(s) and permit(s)” for 808 Columbus Avenue, the building in the most advanced stage of construction in the proposed “Columbus Village.

This does not mean the fight for public participation is over. In fact, the battle will now become more intense. However, we are now one step closer to achieving the public participation in the development that is required by the law.

The court hearing scheduled for this Wednesday, May 7, may be postponed. We will have more information by tomorrow about what this action by the DOB means for our lawsuit, for the Park West Village community, and for the City.

If you are a community stakeholder, and you want to participate in the outcome of the proposed “Columbus Village” development, please contact us at westsiders@earthlink.net!

Westsiders for Public Participation

Update from Westsiders for Public Participation on the lawsuit

Westsiders for Public Participation

P.O. Box 20093, Park West Station, New York, NY 10025 westsiders@earthlink.net

Update – Friday, May 2, 2008

In this update…

1. Court Hearing May 7 – Open to Public – Please Attend!

-Last Call for Charter Transportation!

-Corrected Public Transportation Directions

-What is the Court Hearing About?

2. Frequently Asked Questions

-Whole Foods – Legal or Not Legal in Park West Village?

-Where Does WPP Stand on Development in General?

-Is WPP the Only Community Organization Fighting the Department of Buildings?

1. COURT HEARING MAY 7

Our court hearing is scheduled for Wednesday, May 7 at 9:30 a.m., State Supreme Court, 60 Centre Street, room 324, before Justice Milton Tingling. Please attend to show your support for our attorney and our case for public participation in the proposed “Columbus Village” development. If we have enough confirmed attendees by Sunday, May 4, we will ask the court to move the hearing to a larger room. If you plan to attend, please let us know by email to Westsiders@earthlink.net.

Last Call for Transportation Direct to the Courthouse

If you are interested in sharing transportation from Columbus Ave. / 97th St. direct to the courthouse for $20, ROUND TRIP, please indicate your preference by email to Westsiders@earthlink.net by 5 p.m. on Sunday, May 4th .

Public Transportation Directions:

4/5/6 train to Brooklyn Bridge - City Hall; or

J/M/Z to Chambers St. – Brooklyn Bridge; or

R/W to City Hall

From Park West Village area, take B train downtown to Broadway - Lafayette St and transfer to Downtown 6; OR take M96 bus to Lexington Ave. / 96th St. to Downtown 6 subway station. Exit the Brooklyn Bridge station near the intersection of Centre St and Chambers St., walk North on Centre St (towards Reade St) to 60 Centre St. (approximately 2/10 of a mile).

What is the Court Hearing About?

The hearing will focus on the legal status of the proposed “Columbus Village.” If, by the time of the hearing, there is no final determination from the Department of Buildings (DOB) about the legal status of the development, our attorney will ask the court to compel DOB to make that determination. If the DOB makes a determination, what we ask the court to do will depend on what that determination is. Our goal is to achieve the public participation in the development that is required by the law.

Frequently Asked Questions

We’ve received many questions – too many to answer in one update. Here are three that we’ve heard a lot this week:

Whole Foods – Legal or Not Legal in Park West Village?

We see no incompatibility with the presence of a Whole Foods store with a lawfully constructed building to house it. The Whole Foods currently planned may not be a legal use, but we believe it can be made a legal use. It is not the fault of Whole Foods that the Department of Buildings has issued an illegal building permit to the developers of the proposed “Columbus Village,” and we are in close contact with Whole Foods executives over the matter.

Where Does WPP Stand on Development in General?

Improvement of the neighborhood is our highest objective, but it must be accomplished in a lawful manner that includes public participation. While we consider ourselves fortunate to live in a neighborhood that developers find attractive, it is important to realize that successful development, as defined by real estate developers, and successful development, as defined by existing community stakeholders, are not precisely the same concepts. For example, while we look forward to additional convenient shopping options, we worry that the development will also put tremendous pressure on our community's infrastructure and create new costs for nearby residents and businesses. The developer should be required to answer the community’s concerns under an environmental review that includes public participation under the law. Therefore, we are fighting for our legal rights not only on principle, but also to protect very pragmatic concerns regarding our property values and quality of life.

Is WPP the Only Community Organization Fighting the Department of Buildings?

Obviously, the DOB has been under fire from many quarters in the City, for many reasons. However, as far as we know, we are the only community organization that has taken the DOB to court to insist upon the legal rights of all community stakeholders. In so doing, we hope to offer leadership to other communities like ours who want to remain livable within the current climate of rapid urban growth.