Westsiders for Public Participation

Keep those funds coming, says WPP:

Contributions towards Our Mid-Summer Fund Raising Goal

This past week, we received 11 additional contributions totaling $820. We are now $19,180 from our mid-summer goal, announced last Friday, of raising an additional $20,000 by August 1 - the date when our next attorney payment is due.

All contributions of every size demonstrate commitment to the fight we have undertaken to defend our legal rights and to mitigate the impacts of the proposed “Columbus Village” on our community. The total of all contributions we have received since April 14 is $28,155.

Please consider contributing whatever you can, and we will update you weekly on our progress toward our goal. Please also spread the word about the need for funding, and assure everyone you meet that every penny they contribute will be spent directly to fight for their legal rights as citizens.

Contributions should be made payable to Westsiders for Public Participation and mailed to:

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

Comm. Bd. 7: Letter from Helen Rosenthal

COMMUNITY BOARD 7 - MANHATTAN

June 20, 2008

Dear Neighbor,

With the recent tragic events on the East Side related to cranes, I wanted to update you on the steps your Community Board is taking to address this critical issue. At our June Community Board meeting, we unanimously passed a resolution calling on the NYC Department of Buildings to:

· Immediately provide safety reports on the Kodiak and tower cranes in operation in Community District 7

· Conduct rigorous investigations of the accidents and complete all on-going inspections of all types of cranes in operation in a timely manner

· Release their findings to all affected Community Boards

The Community Board and District Office will continue their active participation in construction oversight and coordination with all relevant city agencies, elected officials, and members of the construction industry operating within Community District 7. We will keep you up-to-date by posting information from NYC Department of Buildings on our website.

Please log on to our website, www.nyc.gov/mcb7, to track information about construction in the district. You can also find our calendar, meeting dates, minutes, agendas and resolutions on our website, as well as tips for what each of us can do support environmental sustainability in our homes and neighborhood.

Don’t forget to answer this month’s “Question of the Month” about your favorite park, and give us your suggestions for how to improve your local park or playground. You can also read responses to previous month’s questions.

As always, we look forward to hearing from you. Please contact our office with any questions, concerns or suggestions. You can reach us online at www.nyc.gov/mcb7, or by phone at (212) 362-4008.

Yours Sincerely,

Helen Rosenthal

Chair

The Real Deal

While battle over development escalates, brokers quietly line up retail tenants

The Columbus Village development straddles both sides of Columbus Avenue, from 97th to 100th streets.

By Catherine Curan

As the fight over construction of one of Manhattan's largest new residential and retail developments, Columbus Village, escalated into a legal battle last month, leasing agent Winick Realty Group had quietly lined up tenants for more than half the retail space.

Winick has inked deals with nine retailers and the Ryan Center, a community health facility, for nearly 200,000 square feet of the roughly 320,000 total retail space in the development, which sits on both sides of Columbus Avenue from 97th to 100th streets.

The latest transactions bring more food retailers to the mix. Local cupcake maker Crumbs Bake Shop inked a deal for 500 square feet at 775 Columbus Avenue, one of five new addresses in the massive project. Tri-state area grocer Associated Supermarkets will take 13,000 square feet at 801 Amsterdam Avenue in the complex.

Sources suggested off-price apparel retailer T.J. Maxx may lease space at 808 Columbus Avenue.

On a recent weekday afternoon, the site hummed with the sound of power saws as construction workers raced to add another 12 stories to an eventual 29-story condo tower that will dwarf the existing residential properties on the site. The Chetrit Group and Stellar Management bought those seven red brick slab towers, collectively known as Park West Village, in 2000, and the redevelopment is part of a dramatic reshaping of this long-overlooked stretch of the Upper West Side.

Community groups and the Manhattan borough president are strongly opposed to the development. At press time, plaintiff Paul Bunten, a resident of Park West Village, was gearing up for a lengthy court battle over the legality of the construction and the need for an environmental review.

Late last month, Congressman Charles Rangel and representatives from the state Legislature and City Council joined the suit as co-plaintiffs.

A high-profile, protracted legal battle could hamper Winick's effort to fill the rest of the space. Winick declined to comment for this story.

The latest two retail deals tilt the Columbus Village lineup further toward local stores. They round out a roster containing two parts Anywhere U.S.A. mall players (Borders, crafting emporium Michael's and two big banks) plus one part workhorse local chains (Duane Reade and Modell's), enlivened with a hearty glamour shot of upscale organics (Whole Foods).

Anchor tenant Whole Foods, which took a sprawling 57,500-square-foot space at the southwest corner of 97th Street and Columbus, has become a flashpoint for larger tensions around the project. Class issues are one major element of the controversy. The developers displaced an inexpensive C-Town grocery store — patronized by residents of apartments already on that stretch of Columbus, and of the housing projects to the north — to make way for Whole Foods and other retailers who can afford shiny new retail space said to carry ground-floor asking rents of $200 per square foot.

In fact, according to a source with knowledge of the deal, Winick chose to lease space to Associated to serve locals who find Whole Foods' prices too high. The move may help blunt criticism aimed at Whole Foods, a.k.a. Whole Paycheck, in particular, and the retail complex in general.

"Associated is [about] capturing different income levels," said the source, who was not authorized to speak and requested anonymity.

Bunten, who filed a lawsuit against the Department of Buildings as well as Columbus Village's developers and contractors last month, takes care to assert he has no objection to Whole Foods. Bunten bristled when queried about whether he shops at the chain, asserting: "My habits are really immaterial… Our issue is that the building be constructed lawfully."

Other area residents and business owners expressed more pointed reactions. At grocery store Mani Marketplace, stocked with organic fruit and the kind of chichi granola shoppers will also find at Whole Foods, manager Taso Mastakouris says he's not worried about the competition, boasting that all of his prices are lower than Whole Foods'. Overall, he is hopeful that more retail space in the neighborhood will help him expand the store he has operated at 697 Columbus at West 94th Street for 16 years. "It might be a good thing, and bring [retail] real estate [rents] down," said Mastakouris.

Others are much less sanguine. Sitting at her dining room table on an upper floor of 788 Columbus, octogenarian Vivian Dee looks out her window not at the trees or Central Park, the view she had for 40 years, but the neon orange netting around the new residential tower. The shouts of construction workers and din of their efforts provide a backdrop to her every word. Dee misses the C-Town market and a diner where neighbors used to congregate, and would like a similar eatery to open.

Then there are practical concerns that those who will flock to Whole Foods and go home again don't have to consider. Jean Green Dorsey, vice president of community group West Siders for Public Participation, worries about Whole Foods' plan to unload trucks on 97th Street, already a busy thoroughfare with a school, health center and through traffic from Central Park. "We're for change, but we want change that respects the people who are already here," she said.

Crane back in operation

From Westsiders for Public Participation:

• Crane at 808 Columbus Back in Operation; WPP to Demand Information from DOB

• Assembly Member O’Donnell Calls for Crane to Be Dismantled

The Department of Buildings has lifted the stop work order for the Kodiak crane at the 808 Columbus site of the proposed “Columbus Village.” Use of the crane had been ordered stopped pending a DOB investigation since May 30, when a crane of the same model crashed down at an east side construction site, killing two workers and heavily damaging an adjacent apartment building.

The DOB has not made public the results of its investigation of the crane at 808 Columbus. WPP will follow up to obtain the results of the investigation.

“This is another example of the DOB sitting on information about the impacts of this development, all of which the public has a right to know about,” said Paul Bunten, founder and president of WPP. “It’s astonishing that we have to continually use the legal process to get basic information about this enormous project, not only about zoning compliance, but even about issues of safety – and even after two devastating crane collapses.”

Assembly Member O’Donnell, citing the “shocking history of safety violations” at 808 Columbus, has called for the stop work order to be reinstated. O'Donnell accused the Mayor and Department of Buildings of endangering the welfare of the public. A press release from Assembly Member O’Donnell follows our commitment statement.

“We appreciate that Assembly Member O’Donnell has joined us in calling the DOB and the mayor to account for the lack of transparency at the DOB,” Mr. Bunten said.
____________________________________________________

Press Release from Office of Assembly Member Daniel O’Donnell

Contact: Shane Seger (212) 866-3970
245 West 104th Street
New York, NY 10025

O'DONNELL: LIFTING STOP WORK ORDER ON 808 COLUMBUS AVENUE CRANE ENDANGERS PUBLIC

June 18, 2008 – Today Assembly Member O'Donnell decried the decision by the Department of Buildings to lift the Stop Work Order for the Kodiak crane at 808 Columbus Avenue and urged Mayor Bloomberg to overturn the decision and order the crane dismantled. The Stop Work Order was imposed shortly after the Kodiak crane collapse at E. 91st Street. O'Donnell accused the Mayor and Department of Buildings of endangering the welfare of the public.

From the letter: “Dismantling this crane, in operation at a site with a shocking history of safety violations, is the only precaution sure to protect the safety of neighbors, construction workers, and passers-by.” . . . “The public is desperate for your administration to demonstrate leadership in the oversight of construction sites and place public safety first.” . . . “This crane is a looming symbol of anxiety for so many who deserve a measure of relief from the seemingly constant stream of negative impacts construction has brought. Lifting the Stop Work Order on this crane is tantamount to endangering the safety of the public.”

“The New York Times poll released just yesterday indicated 4 of 5 respondents believe the Mayor should be doing more to protect their safety. The public is crying out for bold leadership on their behalf and their pleas are met with silence and indifference. The Mayor has a moral obligation to ensure the public's safety and yet, too often, decisions are made that absolutely counter this idea,” Assembly Member O'Donnell said. “There is no question in my mind that the decision to lift the Stop Work Order for the crane at 808 Columbus Avenue endangers the public.”

808 Columbus Avenue, part of a massive-scale development along Columbus and Amsterdam Avenues between W. 97th and W. 100th Streets, was the site of the collapse of a retaining wall that caused the evacuation of hundreds of neighboring residents. Just last week, unsecured lumber and building materials at the site were scattered into the street and sidewalks by high winds. Neighbors of the site recently filed a lawsuit seeking a more thorough review of the development's plans and community impacts. Assembly Member O'Donnell has signed on as a plaintiff in that suit.

##

Assembly Member O'Donnell has represented the 69th Assembly District since 2003. His district includes portions of the Upper West Side, Morningside Heights, Manhattan Valley, and West Harlem. He currently also serves as the Chair of the Subcommittee on Criminal Trial Procedures, and as a member of the Education; Codes; Environmental Conservation;

Environmental Impact Exam for Rent Stabilization - Atty. Jack Lester on a different case

A Victory for Tenants

Published: June 15, 2008

OFF the construction-choked streets of Manhattan, tenants are in court fighting condominium developers, in search of justice — or at least a bigger settlement.

At 220 Central Park South, 22 tenants recently won a small victory in State Supreme Court in Manhattan that could eventually delay the demolition of their building for a 41-story glass tower. In a ruling on June 4, Justice Paul G. Feinman found that state law may require the state to conduct a formal environmental review, including a study of what effect the project, and its influx of wealthy buyers, “may have on population patterns or existing community character.”

The decision rejected efforts by the developers, the Clarett Group and Vornado Realty Trust, to dismiss the tenant suit.

Jack L. Lester, a lawyer for the tenants, said the ruling marked the first time a court had found that environmental regulations might be used to protect tenants under the state’s rent-stabilization law.

Veronica W. Hackett, the managing partner of the Clarett Group, minimized the decision’s significance. She said that a state hearing officer had been assigned to the group’s eviction case and that she expected the hearings to get under way soon.

James Plastiras, a spokesman for the State Division of Housing and Community Renewal, suggested that the hearings might be delayed because of the lawsuit. “We are reviewing all possible options,” he said.

The proposed demolition, announced last year, involves the eviction of 80 tenants from a large postwar building. All but 30 tenants have since left the building, including market-rent tenants and rent-regulated tenants who have accepted buyouts.

Mr. Lester said the tenants he represents had rejected an offer of $1 million per apartment to leave the building and were seeking a higher offer.

They include Jean E. Shimotake, a partner at the law firm of White & Case, and Leighton Candler, a well-known broker at the Corcoran Group. Ms. Candler was recently selected to handle the sale of the late Brooke Astor's duplex co-op at 778 Park Avenue with an asking price $46 million.

E-mail: bigdeal@nytimes.com

Realtor Winick wins prize

While neighbors are fretting about flying debris, schoolchildren imperiled by delivery trucks, diminished air quality and other resources, realtors are giving awards:

The Real Deal

Winick nabs REBNY retail award

Jeffrey Winick of Winick Realty Group won an award for Columbus Village at the Real Estate Board of New York's annual retail awards ceremony yesterday at the 101 Club.

Winick won for the deal that Most Significantly Benefits Manhattan for the big project on Columbus Avenue between West 97th and West 100th Streets. The development was originally planned as a West Side regional shopping attraction, but was converted into 700 residential units and with retails stores.

Patrick Smith and Hugh Kelly of Staubach Retail and Jeffrey Roseman, Marc Leber, David Falk and Stephen Schofel of Newmark Knight Frank Retail were honored with the Most Creative Retail Deal award for bring Walgreens to One Times Square. TRD

Windstorm blows loose building materials

At 9:30 PM on June 11th, a thunder storm with high winds swept through the area, and loose lumber and other building supplies blew off the top floors of the construction sites. One report was that some cars were hit by the debris.

Lois Hoffmann of the Park West Village Tenants Association contacted the construction site managers, one of whom went to the site on Columbus Avenue.

Paul Bunten of Westsiders for Public Participation noted, "Failure to secure the construction site is an unforgivable safety violation. These sudden winds are normal in summer." He is seeking a stop-work order.

Police closed off the street this morning as a safety measure.

Westsiders for Public Participation seeking funds

Adapted from an e-mail sent by WPP :

After Eight Productive Weeks, WPP Needs Your Help Getting Through the Long, Hot Summer

With a blistering heat wave on the way this weekend, many of us will naturally begin thinking of the beach, the park, a vacation away… anything except the noisy, dusty construction site in our midst.

While beating the heat, let's keep the heat ON the developers of the proposed “Columbus Village” and the Department of Buildings.

Some of the most important milestones in our fight for public participation and an environmental review will be taking place this summer. With a legal battle for our quality of life and property rights sure to cost tens of thousands more dollars, your help will be needed to fund the fight.

Westsiders for Public Participation is asking for as generous a financial contribution as you can--as soon as you can--to make sure it can carry on through the long, hot summer.

Progress Report

We’ve come a long way since our lawsuit was filed only eight weeks ago today, on April 11.

• On April 11 the developers had been ignoring the community’s requests for information for two years. The Department of Buildings had been stonewalling the community and even our elected officials, as we all questioned how such a large and unprecedented project could be shoehorned into a planned community without an environmental review looking at such impacts as: public transportation crowding, pedestrian traffic, car and truck traffic, noise at all hours, shadows, parking, security issues, increased sewage and garbage, air quality, urban design, reduced open space, and of course safety and health.

• Now, in just eight weeks we’ve forced the DOB to respond and gotten media coverage of our lawsuit to help keep that agency under a spotlight. We are now able to bring our case to higher City agencies, and to the New York State Supreme Court. Our district’s elected officials from the city, state and federal government have all stood with us and said “yes, we can.”

This summer, you, your condo board, your business, your parent-teacher association and your community organization, will all have a chance to give personal testimony about the impact of the development, and you will have a say in the outcome – something that wasn’t possible just eight weeks ago.

Yet we still don’t know all of the developers’ plans, and the DOB continues to resist giving us information about permits and even safety issues at the construction site, even as tragic construction accidents and mistakenly issued permits have made headlines.

We all want the benefit of the positive effects the development will have on quality of life in the community – particularly new shopping options. But we don’t want the developers to impose unfair costs on us. After all, we will have to live with all of these impacts while the developers who live elsewhere reap all of the profits. The DOB and the City are not going to stand and fight for our safety and quality of life; we have to do it ourselves.

Fighting this battle all summer will be no day at the beach. But we will do it so that every stakeholder in this community has their say on the impacts of this development, both positive and negative. We intend to keep going until we get the environmental review and public participation in the community-based planning of the development that the law demands – but that only we as a community can fight for.

Crane at 808 Columbus shut down

Following the most recent crane disaster and deaths on the Upper East Side (91st St. and 1st Ave.), the city's Department of Buildings has shut down the 4 similar cranes, including the one at 808 Columbus Avenue.

See the NY Daily News article.

State Assembly Member Daniel O'Donnell has written to Mayor Bloomberg asking that the crane be dismantled. Click here for a copy of the letter.