Whither the Water Taxi?

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Back in the coldest, darkest days of winter, when New York Water Taxi suspended service on its East River route, the company said that service would resume on May 1. In February NYWT pulled the water taxi dock out of Schaeffer Landing entirely. At the time, it was reported that the dock was to replaced with a smaller, permanent dock.

Crossing the Williamsburg Bridge the other day, the dockless void in front of Schaeffer landing got me wondering about when that new dock was going to appear. The good news is that it will reappear – service to Schaeffer Landing is as part of the new summer schedule for NYWT.

The bad news is that the resumption of all commuter service on the East River has been (very quietly) pushed back to June 2. And they’ve shortened the evening schedule – the last boat out of Wall Street will now leave at 6:07 (there used to be a 7:00 boat).

But at least service will be back in June.

A month later than promised.

Assuming the dock is in place by then.



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ExxonMobil Greenwashing Greenpoint?

The irony here is quite rich – ExxonMobil, the company that is (mostly) responsible for the oil plume that sits beneath Greenpoint is sonsoring today’s Go Green Earth Day celebrations at McCarren Park. The notice is very last minute, but when some local activists found out about this, they decided a protest of some sorts was in order.

The Go Green Earth Day celebrations at McCarren are a locally-organized event, put together as the result of a lot of hard work by the folks at Town Square; ExxonMobil is only paying to sponsor the event. The planned protests are intended to be fun, and hopefully won’t be disruptive – so either way, go out there and have fun.

Friends,

Apologies for the short notice but we just found out that ExxonMobil is sponsoring tomorrow’s Go Green Earth Day Festival in McCarren Park. ExxonMobil is also responsible for the largest oil spill in America’s history, larger than the Exxon Valdez, just meters away from where the festival will be taking place!

Other festival sponsors include BP America, Waste Management, and Forest City Ratner Company (responsible for the Atlantic Yards project). These companies are no friend to our community, and no friend to the environment.

Please join the Greenpoint SuperFUNd SuperFriendz in taking immediate action.

NOW: Send an automatic email letter expressing your outrage to the powers that be.

SATURDAY (tomorrow): Join us at McCarren Park for a protest rally. We’re calling on YOU to help reclaim Earth Day from the greenwashers and reclaim the oil from McCarren Park!

Reclaim the Oil!
Saturday, April 19, 11am
Meet at Driggs and N. 12th
By the dog run

There’s oil a plenty underfoot and we oil men will be on hand with rig, drills, and buckets to reclaim our oil and our earth (day).

Dear Exxon, We Drink Your Milkshake!!!!

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About Greenwashing:

The term is generally used when significantly more money or time has been spent advertising being green (that is, operating with consideration for the environment), rather than spending resources on environmentally sound practices. This is often portrayed by changing the name or label of a product, to give the feeling of nature, for example putting an image of a forest on a bottle of harmful chemicals. Environmentalists often use greenwashing to describe the actions of energy companies, which are traditionally the largest polluters.

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About the Greenpoint ExxonMobil Oil Spill:

Between 17 and 30 million gallons of oil lie beneath North Brooklyn. See here for oodles of press coverage: http://www.greenpointvexxon.com/index.htm#press

That Explains It

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Closed by Order of the Department of Health


It has been noted elsewhere that Kellogg’s Diner has closed for renovations. Turns out, the closing might not be so voluntary. It seems the Department of Health happened to stop by and – surprise, surprise – found a few things amiss. So as the sticker here indicates, Kellogg’s was shut down on 9 April with 77 violation points. It probably had something to do with the fact that no surface in that place was fit to be in contact with food.

I’m often skeptical of DOH inspections (Brick Oven Gallery) but in this case, its long overdue. And I’m not alone there – witness the comments here and here. And from the “commenters” on the sticker in Kellog’s window – which say “Finally!” and “Good Riddance”.

UPDATE: In the comments, Mr. Fact points out that Kelloggs had applied for permits to do work six to nine months ago. True enough (I missed that on DOB because the permits are under a few different BINs). Still, the final permits were not pulled until after the DOH inspection. And to date, no one has expressed the least bit of surprise that Kelloggs would be shut down by DOH.



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475 Kent Lives – Opening Reception

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The artists formerly living at 475 Kent Avenue have organized a group exhibition at the Bulova Corporate Center, part of the Queens Museum of Art. The exhibit opened on Wednesday, but the opening reception is tonight.

From the QMA monthly calendar:

On a cold January evening, residents of 475 Kent Avenue, artist lofts and studios on the south waterfront of Williamsburg, Brooklyn, were evacuated from their home by the FDNY. A thriving arts community, 475 Kent Avenue is home to over 200 artists, curators, musicians and other creative professionals who are at the heart of the city’s creative pulse.

475 KENT Lives, a group exhibition of 23 artists at the Bulova Corporate Center (a Satellite Gallery of the Queens Museum of Art) celebrates the vital contributions of these artists as they battle to return to their homes and workplaces while calling attention to the increasing vulnerability of New York’s creative communities. 475 KENT Lives, organized by independent curator Kòan-Jeff Baysa, and coordinated by artist Lisa Mordhorst (both 475 Kent residents) and the Queens Museum of Art, opens April 9 at the QMA Gallery at the Bulova Coporate Center in Jackson Heights, Queens.

Participating artists:
Kanoa Baysa, Lee Boroson, Jennifer Byxbee, Melissa Clarke, Jeremy Dean, Alison Dell, Emma Dewing, Asa Elzén, GGrippo, Kirsten Hassenfeld, Hollis Jeffcoat, Vibeke Jensen, Betsy Kelleher, Simon Lee, Deborah Masters, McDavid Moore, Lisa Mordhorst, Cecilia Rodhe, Eve Sussman, Rob Swainston, …, Michael Weintrob and Markus Wetzel.

475 KENT Lives is made possible by Blumenfeld Development, Ltd.



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Daniel Squadron to Challenge Martin Connor

Chuck Schumer has endorsed Daniel Squadron, a former Schumer aide, in the race to challenge State Senator Martin Connor (D). Connor, a longtime incumbent, has weathered serious challengers in the past, so it remains to be seen if his number is finally up in ’09.

(The Senate district covers the area around McCarren Park south, including the Northside waterfront, Hasidic South Williamsburg, and well beyond (including Brooklyn Heights, South Brooklyn, Red Hook and most of lower Manhattan).

Toren: Deep Thought of the Day

How long before Toren become “To Rent”?

(I think its interesting that the web site has a “What is a curtain wall?” link. Of course their definition doesn’t really say what a curtain wall is.)

Contextual Zoning

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191 – 199 Grand Street


With all the vitriol passing back and forth over the Grand Street rezoning, perhaps its worth remembering why the City embarked on contextual zoning studies in the first place. Five or six years ago, when the City was first pulling together the large Greenpoint-Williamsburg Rezoning (aka the waterfront rezoning), R6 zoning was seen as pretty innocuous. Most developers opted to use the quality housing provisions of R6, which comes with height and density caps similar to those of R6A and R6B zoning. The height factor provisions were primarily used for center city development, not residential developments. Starting around 2003, Brooklyn began to see more and more of “height factor” buildings, some of them small and some them very large. Because vast stretches of residential Brooklyn are zoned R6, the proliferation of height factor buildings in what heretofore were low-rise rowhouse-scaled neighborhoods was a huge concern for both the communities involved and for the Department of City Planning (DCP). At the same time, the burgeoning housing boom was also resulting in abuses in R6 quality housing development, particularly with regard to the “community facility” bonus, which developers were using to boost narrow street FAR from 2.2 to as high as 4.8 FAR. These quality housing megabuildings, together with the new “finger buildings” allowed under height factor zoning were clearly a threat to the low-scale character of much of residential Brooklyn.

In many neighborhoods, R6 zoning has been in place since the 1961 zoning was instituted. For much of that time, there was little or no new development in residential Brooklyn, and what development there was generally fit within the comfortable confines of quality housing zoning. But as developers and architects started to push the envelope on R6 zoning, it became clear that what had been a acceptable zoning class for more than 40 years was suddenly a major threat to the character, scale and density in many neighborhoods.

So the City embarked on a series of rezonings. The Greenpoint-Williamsburg waterfront rezoning (enacted in May, 2005) was already underway, and most of the inland blocks there (more than 150 blocks) were switched from R6 to R6A or R6B. In response to the problems that had been cropping up with R6 development, the Borough President and City Council pressed the Bloomberg administration for a study all of the R6 areas within Community District 1 for potential contextual rezoning. It was this action, in May of 2005, that led directly to the Grand Street rezoning (and will lead to a far, far larger rezoning east of the BQE, still in the works at DCP).

In the 2005 waterfront rezoning, a number of blocks at the edges of the zoning area – such as along Metropolitan Avenue and Meeker Avenue – were left R6 in the original zoning. In a January, 2006 follow up action, contextual zoning was imposed on these blocks as well. (For whatever reason, two blocks of Metropolitan east of Havemeyer were left as R6.) This follow up action also instituted contextual zoning on the two blocks of Grand Street from Kent to Berry, and though the Community Board asked for the same treatment for the rest of Grand to the BQE, it was deemed out of scope by DCP.

While DCP was beginning discussions with Community Board 1 over potential study areas for further contextual zoning (as required by the agreement with City Council), it was actively developing contextual zoning plans for other Brooklyn neighborhoods as well. In fact, DCP has been incredibly busy in this regard. In 2007, contextual zoning was implemented on 206 blocks in Bedford-Stuyvesant South, 99 blocks of Fort Greene / Clinton Hill and 160 blocks in Dyker Heights / Ft. Hamilton. In 2006, the City rezoned almost 160 blocks in the Midwood, Homecrest and Sheepshead Bay neighborhoods; in 2005, almost 420 blocks were rezoned in South Park Slope, Bensonhurst and the Special Bay Ridge District; in 2003, 110 blocks were rezoned in Park Slope.

So lest anyone in the 13-block Grand Street rezoning area feel singled out by this latest action, bear in mind that over the course of five years, the City has imposed contextual zoning on over 1,300 blocks in 11 neighborhoods throughout Brooklyn. Some of these rezonings represented dramatic downzonings, with FAR cuts far beyond the 9% imposed on most of the owners in the Grand Street area. Many were carried out at the request of the local communities and with the support of local politicians. In each of these rezoning actions, there was a recognition that the existing zoning – R4, R5, R6 and R7 for the most part – was no longer appropriate for the character of the community.

In general terms, these rezonings follow a pretty standard (and desirable) model. Speaking of the Bed-Stuy South rezoning, DCP had this to say: “The proposed rezoning aims to preserve neighborhood scale and character, maintain opportunities for mid-rise apartment building construction along appropriate corridors, and allow for residential growth with incentives for affordable housing along the Fulton Street transit and retail corridor”. That is exactly what the Fort Greene/Clinton Hill rezoning did, it is exactly what the Williamsburg/Greenpoint rezoning did, and it is exactly what the Grand Rezoning did. In the case of Grand Street, the higher density zoning (“opportunities for mid-rise apartments”) were located on Metropolitan, a wide street that is also a major thoroughfare. Neighborhood scale and character were maintained along Grand, South 1st, North 1st, Fillmore and the avenues with R6B zoning. In the case of Grand Street, this is appropriate because Grand has a context that is generally three and four story buildings, with an average height somewhere around 40′ (there is only one six story building on this entire stretch of Grand Street, and only a handful of other buildings that break 50′). Grand Street is also not a wide street (in the zoning sense), and, with the construction of the BQE, no longer a through street.

In the 2005 Williamsburg/Greenpoint rezoning, the community (through both the ad hoc rezoning committee and the Community Board) supported contextual zoning in the Northside and in the western portions of Greenpoint. By and large, the community felt at the time that the extent of R6A zoning proposed by DCP was too much, that it would result in out-of-character buildings, and that the neighborhood’s infrastructure couldn’t handle the number of people this would bring. The City’s contention (which won the day) was that R6A was needed in order to encourage the redevelopment of the formerly manufacturing areas to the east and west of the core Northside neighborhood (which was rezoned R6B).

From the point of view of the community at large, contextual zoning clearly makes sense. It limits out of scale development (both finger buildings and bonused behemoths under quality housing). It concentrates higher density development along avenues and near transportation nodes, allowing a finer application of zoning than a blanket R6. It introduces bonuses for inclusionary (affordable) housing. In the long run, it will help maintain property values by controlling (but not overly limiting) growth and maintaining the low-scale residential and mixed-use character that drew so many people to the neighborhood in the first place. Contextual zoning also discourages the massive lot (or air rights) assemblages that result in demolition of character-defining buildings and the construction of finger buildings or quality housing behemoths.

The fact that the contextual zoning categories do not match up one to one with the non-contextual categories has resulted in the loss of about 9% of allowable floor area (2.2 FAR to 2.0 FAR) in much of the Grand Street district. While some wild numbers ($100 million, $400 million) have been thrown around, the truth is that the full impact of this is only felt by the development sites. For those unimproved properties, the value of the land is the value of the property, and the two correlate almost directly with the allowable floor area. So if you reduce FAR by 9%, you probably reduce the value of the property by 9%. The same is not true of improved properties – there, the value of the land is only a part of the value of the overall property. And since each property is different – some are overbuilt, some underbuilt, some have grandfathered uses, etc. – the cumulative economic impact is nearly impossible to measure. And that’s without factoring in the positive (yet intangible) economic effects of this rezoning mentioned above. Those effects are more long term, but if you weigh all of the different factors, for the vast majority of property owners the overall economic impact of this rezoning is probably a wash, or pretty darn close.

For some owners (perhaps 10% of the total), the rezoning could actually be seen as a boon. That would be the owners of wide street properties who were rezoned from R6 to R6A. For them, the floor area remains the same, albeit with height caps, so the intangible community-wide benefits could actually result in an increase in property values, at least in the long term. On the other hand, for wide street property owners that have been rezoned to R6B, the economic impact is clearly negative. This is also a minority (between 10% and 15%), and again, the effects are not evenly distributed. All of these owners see their FAR drop by a third, but since most of these properties are not development sites, the actual value of each property does not drop by a third. The value of the underlying land does theoretically drop by a third, but with the exception of developers and speculators, most people buy for the improvement (the building), not the land value.

Again, from an macro, urbanist, neighborhood-wide point of view, contextual zoning is a good thing. It maintains neighborhood character and scale, discourages tear downs, allocates height and density more rationally, and allows for bonuses for something the community needs – affordable housing. It eliminates finger buildings and the much-abused community facility bonus. That is why so many neighborhoods have pushed for contextual zoning. That is why neighborhoods like Carroll Gardens are jumping up and down demanding contextual zoning (and getting pretty upset when told they have to wait for the “East Greenpoint” contextual zoning).

Unfortunately, with the Grand Street rezoning, a small number of owners in the midst of development projects have combined with a large number of owners with little or no information about why the zoning was done or how it actually impacts them to try to overturn the whole zoning. Clearly owners in the process of development are impacted, if only by the loss of time (which = money), but also by having to redo plans and reduce height and floor area. But for 95% of the property owners, the consequences are not that dire, and quite possibly not dire at all. All of this has split the neighborhood, most unneccesarily. Hopefully both sides (and there is plenty of bad blood on both sides) will take a step back, take time to understand the situation, and get back to life as normal. Because for most people, very little has changed with the Grand Street rezoning.



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Crying Wolf?

In today’s Sun, Council Member Jessica Lappin says of the 51st Street construction site:

This is a site that was not under the radar screen, this was a site where the community had contacted the DOB, officials had contacted the DOB. To me it seems there should have been heightened scrutiny on the part of the DOB.

In response to which, DOB Commissioner Patricia Lancaster had this to say:

There were 38 complaints, many of which resulted in no action, and when that happens we look at whether the community wanted the building in the first place. Sometimes people call in complaints not based on safety concerns but based on concerns about the project, which they don’t want in their neighborhood.

So Lancaster is basically saying here that the community was crying wolf, trying to thwart a legitimate construction project. A look at those 38 complaints does indicate that Ms. Lancaster has a point, but a slim one at best. At the same time, the fact that “many” of the complaints resulted in no action only goes to further show how ridiculous the DOB complaint tracking and resolution system is. Yes, there were a lot of complaints by (I presume) neighbors over a short period of time, but (largely due to failings in DOB’s own inspection system) the agency would be hard pressed to point to a pattern of abuse or unsubstantiated complaints. In fact, the vast majority of the complaints that resulted in “no action” did so because of DOB inaction.

First, the part of the system that did work. Over the course of the past year, there have a number of rather significant site safety violations that resulted in stop work orders. Its not clear from the DOB system if these violations were discovered as a result of complaints that were lodged, or by the diligence of inspectors making their appointed rounds. But either way, there were at least seven stop work orders issued for this project in the past 13 months (that includes the partial stop work order issued on Saturday about an hour before the crane collapse). The earliest was in February 2007 for failure to have a “designated site safety manager”. Another complaint, in August, 2007, said that the work “does not conform to plans”. In that case, the inspector discovered that the “plans do not match the footprint of the existing foundation”. In both instances, stop work orders were issued. Likewise, on 5 October 2007, a complaint was lodged for failure to have adequate fencing/netting at the site, and a stop work order was issued later that day. In the case of Saturday’s partial stop work order, the violations concerned unsafe storage and protection, and had nothing to do with the operation of the crane.

As for the part of the system that does not work, over the course of the past six months, there were also 14 complaints regarding after hours work (which may be the crying wolf part Ms. Lancaster alluded to). But while these complaints may be part of a pattern of harassment by neighbors, they also point up many of the fundamental problems with the DOB complaint system that we have identified before. The complaints themselves are pretty consistent, noting construction activity before 7 a.m. and after 6 p.m. (if DOB had a CompStat-like system, they might have seen this pattern). Typical of how DOB handles after-hours complaints, 11 of the 14 complaints were investigated days later; in two cases, inspectors were able to clear three complaints in one visit, with each of the cleared complaints being at least a day old. One complaint (lodged 1 March) remains uninspected. The last two complaints were inspected the day of the complaint, but as the complaints were lodged shortly before 7 a.m., the inspections probably came well after to alleged violation had ceased to be a violation.

There were also five crane related complaints over the past two months. The most recent of these has already been discussed, and the manner in which it was cleared is apparently in question (the inspector listed as clearing it swears he wasn’t there on the day in question). There were also two complaints lodged on 8 February (both unsubstantiated based on a review of DOB records). On 19 January (a Saturday), a complaint was recorded alleging that the crane was being assembled 18 stories above ground without any safety measures in place for the workers. Five days later, on 24 January, an inspector went to the site and observed that the crane was not working at the time of inspection. Similarly, a complaint about unsafe crane operation on 10 January resulted in an inspection on 11 January, at which point it was noted that “everything checks out fine”.

In all, it would appear that there were a lot of neighbors complaining about the site (or one very disgruntled neighbor). Does that amount to a pattern of people calling in “complaints not based on safety concerns but based on [not wanting the project] in their neighborhood”? Its not clear – the pattern of after-hours complaints is pretty consistent, and there were no inspections conducted that could have debunked them. Likewise, the pattern of crane complaints might have been harassment, but in hindsight they appear to have been mighty prescient. And the project itself did have a spotty safety record – not the worst by any stretch, but 6 SWOs in just over a year is nothing to sneeze at.

In all, of 36 valid complaints prior to this Saturday only 14 were inspected on the day of the complaint. And of those 14, six resulted in stop work orders. In this context, 43% seems to me to be a pretty high rate of SWOs to inspections. (Of the 21 inspections that were carried out after the fact, none resulted in SWOs, and only two resulted in violations.)

Do people use 311 to harass projects and enforce NIMBYism? Without a doubt, and it is a practice that is not only counter-productive but dangerous. But again, in the case of 303 East 51st Street, there is scant evidence that people were doing this. And because many of the complaints were not investigated in a timely manner, DOB has no way of making this case. It is disingenuous at best to say that a high proportion of the complaints resulted in no action, when the lack of action was a result of DOB inaction.

As I have said before, rather than waste resources inspecting “stale” complaints, DOB should write these off as uninspected, and put the property on a 30-day or 60-day watch list. During that time, inspectors would make spot inspections during off hours. If violations were found, immediate SWOs would be issued, shutting down the site for 5 days for a first offense, 10 for a second offense, and so on.

Another Weekend in Williamsburg

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North 1st Street, 12:50.


While havoc was raining down in Turtle Bay, it was just a normal Saturday in Williamsburg. A walk through the Northside early yesterday afternoon showed over half a dozen active construction sites.

At 80 Metropolitan (above), North 1st Street was blocked as workers loaded material. No flagman was present. Urban Green was pumping concrete on North 5th Street (below). Again, no flagman (but at least traffic could pass). Workers were also banging away at 154 Berry Street, as well as at a host of other smaller projects.

Of course, I have no idea if any of these projects had a variance for weekend work. By wading through the payment history for 5 different permits at Urban Green, we can say conclusively that they probably had a variance (it appears as part of one of many Alt-2s). We decided not to wade through payment histories on the others. Nor do I know why DOB would issue so many variances (assuming they did) within a four-block radius.

Just another sunny Spring Saturday in Williamsburg.

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Urban Green, 13:00.




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Fubar

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Tina Fineberg for the New York Times

Construction accidents are getting to be pretty routine these days (in case you missed it, another day laborer died in an accident this week), but crikey, today’s accident is anything but routine. The picture above, from the Times, shows what was a four or five-story building. Until earlier today, the building housed a bar called Fu Bar. After a 20-story tall crane fell on it, its reduced to almost nothing. And in the process, at least four people are dead.

Expect lots of stop work orders, lots of fines, and probably a citywide shutdown of all cranes for an emergency inspection in the wake of this tragedy. But don’t hold your breath waiting for DOB to fix the underlying problem of lax construction supervision.

UPDATE (21:00): So far, no word on survivors inside the building. Also nothing on how people are homeless tonight, but as many as six building might have been affected. The Times has the construction site as 305 East 51st, but the jobs appear under 303 East 51st. The building that was demolished was a block to the south – according to the Post the crane itself flew over a tall building immediately south of the construction site, and landed on the building behind the tall building.

305 has 9 complaints, 303 has 39 complaints (1 open). Last week, one person called to complain about the crane, stating that it did not “appear to be braced to the building”, with the “upper whichis [sic] 100 ft up unsecured.” (According to the News, the complaint was filed by a retired contractor.) Two days later, an inspection revealed that the crane was erected according to filed plans. Also of note, a partial stop work order was issued for the project at 13:30 today, based on a damaged or missing safety net or guard rail. According to the papers, the crane collapse didn’t occur until 14:20.

The project under construction is a 43-story building designed by architect Garrett Gourlay.

The Times also says that the crane was recently inspected and that all permits were in place. Does that include a weekend variance? Its hard to tell, since DOB is still, circa 2008, unable to post weekend permits to its Building Information System (BIS). However, looking at the payment history for the project, it would appear that there was a permit for work last weekend, but not this weekend. (Caveat: This is a very inexact science; its entirely possible that the payments last week were for a permit this weekend, but there’s no way to tell from DOB’s vaunted “information” system.)

UPDATE (21:15): According to the City Room, DOB inspected the crane yesterday before granting a variance for operation of the crane today:

Mr. LiMandri said that Buildings Department inspectors had on Friday conducted an inspection of the crane before granting a variance permit for a crane operation that was to be performed today. No violations were cited as a result of that inspection, he said.

Again, there is no way to determine via DOB’s “information” system when weekend variances are issued. So, we’ll have to take DOB’s word for it.