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

December 18, 2012 Robert D. LiMandri Commissioner New York City Department of Buildings 280 Broadway, 7th Floor New York, NY 10007 Janette Sadik-Khan Commissioner New York City Department of Transportation 55 Water Street, 9th Floor New York, NY 10041

Dear Commissioners LiMandri and Sadik-Khan: I am writing regarding the issuance of after-hours variances for work permits by the New York City Department of Buildings (DOB) and New York City Department of Transportation (DOT). Although construction noise is certainly unavoidable in any city, there must also be reasonable restrictions on the time, place and manner of construction, as this type of deafening noise is a paramount quality of life concern for those forced to live around it. This is especially true when work occurs late at night, early in the morning or on weekends, and it is essential for government agencies to consider neighboring residents when allowing any work at those times. With increasing frequency, I am hearing from constituents throughout my district who are plagued by construction that wakes them up each morning and is so loud that they must shout to be heard in their own homes. Recently, I was contacted by numerous residents who live in buildings near two active construction sitesa new building being erected at 166-178 Amsterdam Avenue next door to extensive street and interior work at 180 Amsterdam Avenue. The former site had been granted two variances at the time by DOB to work from 9 a.m. 5 p.m. two Saturdays in a row, while the latter had a DOT permit for street work, including extremely loud jackhammering, seven days a week for many months. Allowing two simultaneously active construction sites to continue their noisy work on weekends prevents my constituents from having any respite from near-deafening construction. I was glad to see DOBs weekend variances for 166-178 Amsterdam Avenue and weekend work on DOTs permit for 180 Amsterdam Avenue revoked after follow-up from my office on behalf of residents. I am, however, concerned that these variances were issued without considering concurrent variances at nearby sites and that both sites were permitted to use their variances for extremely loud work. Construction work should only be allowed at night or on a weekend when it is absolutely necessary, and variances should only be granted for work that will not impact the surrounding community with excessive noise. DOB and DOT should also ensure that variances are not granted for multiple, nearby sites to work after-hours at the same time. I am interested in learning more about DOB and DOTs policies with respect to after-hours variances on nights and weekends. Specifically, what are the factors considered when deciding on applications for variances? For example, are anticipated noise levels and active variances issued for
DISTRICT OFFICE 230 West 72nd Street, Suite 2F New York, NY 10023 T: 212-873-6368 F: 212-873-6520 ALBANY OFFICE Room 741 Legislative Office Building Albany, NY 12248 T: 518-455-5802 F: 518-455-5015 rosenthall@assembly.state.ny.us

nearby sites considered? I strongly urge both agencies to ensure that these policies act to protect residents and account for the concerns I have listed. Thank you for your attention to this matter. I look forward to your responses. Sincerely,

Linda B. Rosenthal Member of Assembly 67 AD