Monday, September 29, 2008

WPP - September 29 update: Court date: Oct. 15

This is excerpted and edited from the September 29, 2008 Update from Westsiders for Public Participation, which can be reached at westsiders@earthlink.net.

  • Oct. 15 - Court hearing, NYS Supreme Court, 60 Centre St.
  • Oct. 22 - Preparation with Attorney Jack Lester for BSA hearing: learn about procedures and testimony, 382 CPW's Community Room
  • Oct. 28 - BSA hearing, 40 Rector St.

COURT HEARING: Rights of the Community and the Developers

The court will hear WPP's request for an injunction to halt work at all 5 sites of Columbus Village in order to permit a 20-point environmental review, as required by law. While recognizing the developers' rights, that law requires developers to address community concerns and keep the city livable.

All community stakeholders are encouraged to attend the hearing. Stay posted for details for the time on Oct. 15th and the room number at 60 Centre Street.

BOARD OF STANDARDS & APPEALS (BSA) HEARING: Another Avenue of Legal Relief

WPP has filed a zoning appeal asking the BSA to declare that the development is not completely "as of right" (also called "discretionary"), but rather is subject to the environmental review law.

Community stakeholders may testify - and if you plan to, try to attend the preparation session by WPP attorney Jack Lester. Mr. Lester will lead a workshop on BSA procedure and testimony on Wednesday, Oct. 22 in the Community Room at 382 CPW. Stay posted for the time.

WPP has now become a non-profit corporation. This is the first step toward becoming tax-exempt, but it is not yet tax-exempt.

You can contribute by credit or debit card to WPP by clicking its link at Paypal: http://snipurl.com/westsiders , or by making a check payable to Westsiders for Public Participation, Inc., and sending it to:

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

Please include your e-mail address if you wish either to receive an acknowleddgment or to subscribe to WPP's progress updates.

Sunday, September 14, 2008

Ryan Center negotiates space

The Ryan Center (officially the William F. Ryan Community Health Center) negotiated a space for itself in the new building going up on the corner of 100th St. and Amsterdam Avenue. Click here for a copy of the letter the Ryan Center sent to supporters.

Friday, September 12, 2008

Westsiders for Public Participation - Court Report

September 12, 2008 Update from Westsiders for Public Participation

Community Turns Out in Force for Court Hearing;
Injunction Hearing Scheduled for October 15;
Bd .of Standards & Appeals Hearing Scheduled for October 28

Park West Village community stakeholders turned out in force on Wednesday for our hearing in State Supreme Court. At least 75 community residents, as well as elected officials and their representatives, filled the courtroom as our attorney worked with court personnel and negotiated with attorneys for the City of New York and other defendants.

The significance of our strong presence was not lost on the many attorneys, City representatives, elected officials and court personnel who appeared in court to achieve the scheduling of two important hearings.

The Board of Standards and Appeals (BSA), which previously declined to calendar our case, has now scheduled a zoning appeal hearing for Tuesday, October 28.

The judge himself did not appear in court on Wednesday for an unspecified reason; therefore the State Supreme Court has re-scheduled an injunction hearing for Wednesday, October 15, prior to the BSA hearing.

Both of these hearings were scheduled only as a result of the filing of our amended lawsuit in August. We have had to fight for our day in court, and for City agencies to do their jobs, every step of the way.

PLEASE MARK YOUR CALENDARS NOW FOR THE NEXT TWO HEARING:.

State Supreme Court hearing - October 15
Board of Standards & Appeals hearing - October 28.

Now you can contribute to Westsiders for Public Participation by credit or debit card by clicking its secure link, hosted by PayPal: http://snipurl.com/westsiders

Or if you prefer, checks can 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

Please include your email address if you wish either to receive an acknowledgment of your contribution or to subscribe to our progress updates. WPP states that "Names of contributors will be held in strict confidence. We pledge our accountability to the community. Complete financial statements are available upon request."

Monday, September 8, 2008

Columbia Spectator

As Buildings Rise, Activists Persist in Fight

PUBLISHED SEPTEMBER 8, 2008














Paul Bunten and his fellow Westsiders for Public Participation have spent little time resting over the past months. The group of activists have continued to rally against the development of Columbus Village, a massive building project of residential and retail space, even as it continues to rise.
Bunten, the WPP, and their neighbors have long taken issue with the encroaching development, expressing concern that it would greatly alter the community and the landscape they call home.
“It is the citizens’ obligation to hold City government accountable to the law,” Bunten, founder of the WPP and a resident of 372 Central Park West, wrote in a recent e-mail. “The fulfillment of that obligation is our entire purpose.”
The WPP was created as a response to Bunten’s fears that Columbus Village was being developed without the input of those who would be most directly affected—the tenants of Park West Village. As Columbus Village’s four towering residential buildings, reaching as high as 29 stories, and 320,000 square feet of retail space for chain stores continue to evolve within the already existing property of PWV, tenants are demanding to be heard.
The construction, located between 97th and 100th streets along Columbus Avenue, is situated in the heart of Park West Village, a government-subsidized area with rent-stabilized housing. Many tenants have lived in one of the seven existing buildings for years, and worry that the addition of a retail destination would destroy their sense of community.
Residents have also expressed concern about how the construction will affect the environment.
In 2007, the New York City Department of Buildings found that structural instabilities in the land on which PWV is built resulted in the collapse of a retaining wall outside 784 Park West Village.
Shauna Zasslo, a resident of 784 Columbus Ave., questioned the structural soundness of the entire project at a Westsiders for Public Participation meeting in April.
“Our laundry-room floor is reconfiguring itself, the land is shifting,” she said. Zasslo questioned if the proposed 30-story building might also collapse.
Zasslo’s concerns were heightened over the summer, when residents noticed that a foundation was filling up with water from an unknown source. An environmental review confirmed that the water was not from the development’s old pipes, but could not determine the actual origin.
In response to such concerns, and the widespread feeling that community stakeholders had no say in the development process, the WPP, led by Bunten, filed a lawsuit against the Department of Buildings in April. Jack Lester, lawyer for the group, said in a press release that the lawsuit was meant to shed light on “the DOB’s gross dereliction of its administrative obligations ... allowing the developer to proceed under a cloak of secrecy and causing harm to the community.”
But the suit never made it to court. Five days before Lester and Bunten were set to defend their case, the DOB served the developers of 808 Columbus Village a temporary injunction, halting the construction until the developers could clarify construction plans. If the developers could not do so within ten days, the DOB was to suspend 808’s building permit indefinitely. The WPP agreed to the delay.
But the developers of 808 Columbus Village were able to clarify their plans after many extensions, and construction recommenced at the builders’ own risk.
For further exasperated activists, this solution was not enough. The WPP, along with State Assemblyman Danny O’Donnell, U.S. Congressman Charlie Rangel (D-NY), and City Councilwoman Melissa Mark-Viverito, has amended and refiled its lawsuit, adding the Board of Standards and Appeals as a defendant. The lawsuit is set to be reviewed Sept. 10.
Despite the steps activists have taken, many are still unsure of what can ultimately be done about a construction project that is already so far along. With the building frames already in place, few believe that stopping the construction is a viable option.
But Bunten and the community haven’t given up.
“The developers are on notice from DOB. They are building illegally and at their own risk,” he said. “Other developers who overstepped their bounds have had to replan after the community got involved. What goes up so quickly and hastily can easily come down just as quickly.”

Wednesday, September 3, 2008

Transportation Available to Sept. 10 Hearing

Westsiders for Public Responsibility has reserved several cars to transport neighbors to

THE COURT HEARING ON

WEDNESDAY, SEPTEMBER 10th.

RSVP and JOIN US:
  • Meet at Columbus Avenue and 96th Street
  • Cars leave PROMPTLY at 8:30 AM on September 10th.
  • Bring $10 per person round-trip.

Please click here to RSVP by Monday, Sept. 8.


Tuesday, September 2, 2008

Dept. of Buildings responds - but not enough

Manhattan Borough President Scott Stringer forwarded the letter he received from the NYC Department of Buildings and the Fire Department - in response to a letter he had written four months back - on some of the community's concerns. In short, the DoB concluded:
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"1. The site may maintain the existing parking curb cuts as non-complying condition as it pertains to each individual street. Existing parking curb-cuts on wide streets may be re-located on the same street provided that the widths of the relocated parking curb-cuts are not extended.

2. Curb cuts used for loading and unloading (including drop offs) are permitted as of right on wide streets as per Section 36-682 ZR

3. As per the attached letters from DOT and FDNY, the proposed curb cuts on 97 and 100 streets for the purpose of FD emergency access and drop offs , are as of right and would not cause any traffic impact. In addition, the drive-through would satisfy the requirement of Section 27-291 (Street Frontage), for one of the existing buildings at 790 Columbus Ave. Also, in order to discourage drivers from using it as a short cut, the drive-through will be provided with at least five 6 inches elevated pedestrian crosswalks in addition to stop signs to be installed along the drive-through."
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It is not clear how curb cuts on 97th Street could avoid causing any traffic impact, given the existing frequent blockages there.