THE ASSEMBLY STATE OF NEW YORK

LINDA B. ROSENTHAL
Assemblymember 67th District

CHAIR Subcommittee on Mitchell-Lama COMMITTEES Agriculture Corporations, Authorities & Commissions Energy Health Housing Tourism, Parks, Arts & Sports

ALBANY

January 22, 2013 Robert LiMandri Commissioner New York City Department of Buildings 280 Broadway, 3rd Floor New York, NY 10007 Dear Commissioner LiMandri:

I am writing regarding after-hours variances (AHVs) issued for construction at the Apthorp, located at 2211 Broadway in my district in Manhattan. There is a history of numerous, serious issues with the construction that is taking place in this building, and it is crucial that the New York City Department of Buildings (DOB) immediately increase its oversight and enforcement to address current concerns. Following complaints from residents about noisy weekend work, I contacted DOB in December 2012 requesting a revocation of all five AHVs that were active for various jobs in the building at the time. DOB revoked four of the AHVs (AHV reference numbers 00464085, 00464842, 00464847, 00464850 and 00464851), allowing after-hours work to proceed for job 120948298 because the work, as specified in the AHV (00464085), would not be noisy. While I appreciate DOBs responsiveness on this issue, the contractors have continued noisy work on Saturdays, both with and without AHVs. Although all active AHVs for the building either expired or were suspended as of 12/15/2012, the Apthorp Residents Association (ARA) contacted me on 12/22/2012 because several contractors were performing noisy work on a Saturday for jobs 120795283 and 120878229 (see 311 complaint 1339952). The contractors apparently posted the original AHVs, which DOB had revoked, in an attempt to deceive residents and building management into believing that they still had permission to work that weekend. The following weekend, the ARA reported noisy work for job 120948298 on both Saturday, December 29 and Sunday, December 30, although no new variances had been issued and all revoked variances would have expired the previous weekend. According to the ARA, the buildings management office reportedly informed residents that the contractors had special permission to work on this weekend. I can find no evidence of such permission being granted by DOB or any other agency. Because of the clear pattern of contractors performing illegal, after-hours work with either an expired or no AHV, my office contacted DOB on 12/28/2012, expressing concern about the continuing illegal weekend work and requesting a suspension of weekend variances for the Apthorp. Such a suspension would have helped give the residents some respite from what had become seven days a week of noisy, disruptive construction. I have since learned that instead of suspending weekend variances, DOB issued three new AHVs (00467198, 00467265 and 00467266) for weekend work to start on 1/12/2013, just two weeks after the most recent complaint from both residents and my office. One such AHV (00467198) even states that there are no residential dwellings within 200 feet of the sitea virtual impossibility in the interior of a dense, residential building like the

Apthorpand allows for demolition and other work on weekdays until 2 a.m., on Saturday until 2 a.m. and on Sunday until 7 p.m.. Taking advantage of the new AHVs issued for other jobs, the contractor for job 120948298 resumed Saturday work without an AHV on 1/19/2013 (see 311 complaint 1341625). Neither this 311 complaint nor the earlier one regarding after-hours work without an AHV has been investigated to date. The reports from Apthorp residents only add to my growing concerns regarding DOBs policies with respect to AHVs. In such a densely populated residential building, weekend work seems guaranteed to impact next-door neighbors. I therefore request a full, formalized suspension of AHVs at the Apthorp, and increased enforcement to prevent after-hours work without an AHV. I would also like to set up a meeting with DOB, ARA and my office to discuss these matters. Thank you for your attention to this matter. Sincerely,

Linda B. Rosenthal Member of Assembly - 67 AD