No JHL At PWV! is a coalition of Park West Village community stakeholders, nursing home advocates, parents, tenants' associations, neighbors, renters, and condo owners who oppose Jewish Home Lifecare's (The New Jewish Home) inappropriate proposed development on West 97th Street.
BREAKING NEWS
State’s Highest Court Denies Park West Community’s Zoning Challenge
On December 17, 2020, New York State’s highest court—the Court of Appeals in Albany—denied a zoning challenge brought by our community to stop the proposed construction of a 20-story nursing home on the West 97th Street parking lot of 784 Columbus Avenue. The 784 lot is part of Park West Village and is located directly next to P.S. 163.
In a sharply divided 4–3 opinion, the Court upheld the NYC Board of Standards and Appeals (BSA) ruling that enough “open space” (as the term is defined in the NYC Zoning Resolution) exists to allow the construction of a 20-story facility on the 784 Columbus Ave lot. Despite a powerful dissent by three members of the Court, four other members ignored the plain language of the Zoning Resolution and upheld the BSA decision.
It is unclear, at this time, what the property owner (The Chetrit Organization) and the nursing home proponent (Jewish Home Lifecare/JHL)—both of whom were parties to the appeal—propose to do with the 784 Columbus Avenue lot. As we informed the community in November 2019, a brief JHL had filed in the Court of Appeals contained a confusing statement that has sown doubt about whether JHL proposes to build anything on the site.
The brief stated that because certain 2016 amendments to the Zoning Resolution regarding bulk regulations required design changes of its permit application to the NYC Department of Buildings, JHL“...has determined that it no longer intends to proceed with the Proposed Facility, as originally designed, and is considering other options for a facility that would serve older adults at this site, but has not yet determined whether it would proceed to construct such a facility.”
Regardless of what the property owner and/or JHL intend to build, any construction on the 784 Columbus Avenue lot would pose serious dangers to the health and safety of the residents in the adjacent buildings, the children, teachers and staff of P.S. 163 and the Upper West Side community. Excavation of the lot would release into the air lead, arsenic and other toxic chemicals that have been found on the site. The P.S.163 school community would be exposed to construction hazards from swinging cranes, falling debris and deafening noise from pile driving, jackhammers and years of construction. West 97thStreet, one of the Upper West Side’s most crowded thoroughfares, would become even more heavily congested—slowing emergency response times and creating additional air pollution from increased traffic.
The Working Group at Park West Village, a group of concerned citizens, and the Park West Village Tenants’ Association, are committed to take any necessary steps to continue to protect our community from harmful construction—and to safeguard the health and safety of our neighbors and the P.S. 163 school community.
In a sharply divided 4–3 opinion, the Court upheld the NYC Board of Standards and Appeals (BSA) ruling that enough “open space” (as the term is defined in the NYC Zoning Resolution) exists to allow the construction of a 20-story facility on the 784 Columbus Ave lot. Despite a powerful dissent by three members of the Court, four other members ignored the plain language of the Zoning Resolution and upheld the BSA decision.
It is unclear, at this time, what the property owner (The Chetrit Organization) and the nursing home proponent (Jewish Home Lifecare/JHL)—both of whom were parties to the appeal—propose to do with the 784 Columbus Avenue lot. As we informed the community in November 2019, a brief JHL had filed in the Court of Appeals contained a confusing statement that has sown doubt about whether JHL proposes to build anything on the site.
The brief stated that because certain 2016 amendments to the Zoning Resolution regarding bulk regulations required design changes of its permit application to the NYC Department of Buildings, JHL“...has determined that it no longer intends to proceed with the Proposed Facility, as originally designed, and is considering other options for a facility that would serve older adults at this site, but has not yet determined whether it would proceed to construct such a facility.”
Regardless of what the property owner and/or JHL intend to build, any construction on the 784 Columbus Avenue lot would pose serious dangers to the health and safety of the residents in the adjacent buildings, the children, teachers and staff of P.S. 163 and the Upper West Side community. Excavation of the lot would release into the air lead, arsenic and other toxic chemicals that have been found on the site. The P.S.163 school community would be exposed to construction hazards from swinging cranes, falling debris and deafening noise from pile driving, jackhammers and years of construction. West 97thStreet, one of the Upper West Side’s most crowded thoroughfares, would become even more heavily congested—slowing emergency response times and creating additional air pollution from increased traffic.
The Working Group at Park West Village, a group of concerned citizens, and the Park West Village Tenants’ Association, are committed to take any necessary steps to continue to protect our community from harmful construction—and to safeguard the health and safety of our neighbors and the P.S. 163 school community.
Elected Reps Support Appellate Court Decision in Favor of Park West Neighborhood
In response to the Appellate Court decision annulling the permit for the JHL building, our local elected representatives have shown their support of our position by writing to the Mayor, the New York City Corporation Counsel, and JHL, asking them to respect the decision and not to move for leave to appeal to the Court of Appeals. Click on the following links to read the letters:
Manhattan Borough President Gale A. Brewer letter to NYC Corporation Counsel in support of the Appellate Court decision
Assemblymember Daniel O'Donnell letter to Mayor de Blasio in support of the Appellate Court decision
Assemblymember Daniel O'Donnell letter to JHL in support of the Appellate Court decision
Manhattan Borough President Gale A. Brewer letter to NYC Corporation Counsel in support of the Appellate Court decision
Assemblymember Daniel O'Donnell letter to Mayor de Blasio in support of the Appellate Court decision
Assemblymember Daniel O'Donnell letter to JHL in support of the Appellate Court decision
Park West Residents Prevail in Zoning Challenge to Proposed 20-Story Nursing Tower on West 97th Street
On October 16, 2018, the Appellate Division, First Department in Manhattan handed down a significant ruling in favor of a group of Park West residents who had filed a zoning challenge against Jewish Home Lifecare’s (JHL) proposed plan to build a 20-story nursing tower on the West 97th Street parking lot of Park West Village. The original challenge was filed with the New York City Department of Buildings (DOB) by 15 members of the Working Group, a group of neighbors opposed to the construction of the proposed nursing home. The claim was that under the New York City Zoning Resolution there was not sufficient open space on the zoning lot to construct a 20-story building. The Working Group contended that the two rooftop gardens located at 808 Columbus Avenue were improperly counted as open space because they were neither open nor accessible to the residents of three Park West Village buildings – 784 Columbus Avenue, 788 Columbus Avenue, and 792 Columbus Avenue – in violation of the Zoning Resolution requirement that open space must be open and accessible to all residents on the zoning lot.
The DOB denied this challenge, and the Working Group appealed the decision to the New York City Board of Standards and Appeals (BSA). That agency also denied the challenge by relying on its 2009 decision involving 808 Columbus Avenue, where it ruled that the inaccessible rooftop gardens could be counted as open space if each building on the zoning lot received its own share of open space – a separate but equal theory that was created by the lawyers for 808 Columbus Avenue and had no foundation in any prior BSA decisions. This theory relied on the word “building” in various sections of the Zoning Resolution, but the Working Group pointed out that in 2011 the City Planning Commission had replaced the word “building” with the word “zoning lot” in five places in the Zoning Resolution, thus vitiating the theory that the total open space in the zoning lot could be allocated among the individual buildings within the zoning lot.
The Working Group appealed the BSA decision to the Supreme Court, New York County, but that Court also rejected the challenge saying that the language in the Zoning Resolution was ambiguous. That decision was appealed to the Appellate Division, First Department, and on October 16, 2018, that Court reversed the lower court and rejected the theories put forth by both the BSA and the Buildings Department that open space could be allocated among the buildings. The Court ruled that under the “clear and unambiguous” language of the Zoning Resolution, open space must be open and accessible to all residents of the zoning lot, thus disqualifying the inaccessible 808 rooftop gardens (42,000 square feet) from being counted as open space and ordering that the building permit for the proposed tower be revoked. It is anticipated that the City (BSA) and the nursing home will seek permission to appeal this decision to the Court of Appeals.
The Working Group was represented at the Appellate Division by John Low-Beer, Esq. The Working Group was represented at the BSA and in the lower court by Dean J.M. Heitner, Esq., the Chair of the Working Group, and by Hillel Hoffman, Esq. Brian Cook in Comptroller Stringer’s Office provided invaluable information about the change in the Zoning Resolution. The Working Group thanks all our local elected officials who filed letters of support with the Court and the BSA.
The DOB denied this challenge, and the Working Group appealed the decision to the New York City Board of Standards and Appeals (BSA). That agency also denied the challenge by relying on its 2009 decision involving 808 Columbus Avenue, where it ruled that the inaccessible rooftop gardens could be counted as open space if each building on the zoning lot received its own share of open space – a separate but equal theory that was created by the lawyers for 808 Columbus Avenue and had no foundation in any prior BSA decisions. This theory relied on the word “building” in various sections of the Zoning Resolution, but the Working Group pointed out that in 2011 the City Planning Commission had replaced the word “building” with the word “zoning lot” in five places in the Zoning Resolution, thus vitiating the theory that the total open space in the zoning lot could be allocated among the individual buildings within the zoning lot.
The Working Group appealed the BSA decision to the Supreme Court, New York County, but that Court also rejected the challenge saying that the language in the Zoning Resolution was ambiguous. That decision was appealed to the Appellate Division, First Department, and on October 16, 2018, that Court reversed the lower court and rejected the theories put forth by both the BSA and the Buildings Department that open space could be allocated among the buildings. The Court ruled that under the “clear and unambiguous” language of the Zoning Resolution, open space must be open and accessible to all residents of the zoning lot, thus disqualifying the inaccessible 808 rooftop gardens (42,000 square feet) from being counted as open space and ordering that the building permit for the proposed tower be revoked. It is anticipated that the City (BSA) and the nursing home will seek permission to appeal this decision to the Court of Appeals.
The Working Group was represented at the Appellate Division by John Low-Beer, Esq. The Working Group was represented at the BSA and in the lower court by Dean J.M. Heitner, Esq., the Chair of the Working Group, and by Hillel Hoffman, Esq. Brian Cook in Comptroller Stringer’s Office provided invaluable information about the change in the Zoning Resolution. The Working Group thanks all our local elected officials who filed letters of support with the Court and the BSA.
Health Risks to Children from Lead and Toxins on Proposed JHL Site
In a New York Times op-ed piece (October 3, 2018), Philip Landrigan, the director of the Global Public Health Initiative at Boston College, and Lynn R. Goldman, the dean of the Milken Institute School of Public Health at George Washington University, warn of the dangers to children’s health by the decision of the federal Environmental Protection Agency (EPA) to place the director of the Office of Children’s Health Protection on “administrative leave” – a signal that the EPA may close the Office of Children’s Health Protection.
These events are significant for the children of the Park West Village neighborhood because the proposed construction of a 20-story nursing tower on the West 97th Street parking lot by Jewish Home Lifecare, next to P.S. 163, would unleash toxic airborne dust containing lead, mercury, arsenic, barium, and other volatile chemicals. The New York State Department of Health, in its Final Environmental Impact Statement for the proposed project, stated, “The most likely routes of human exposure from the hazardous materials evaluated would occur during construction and would include the inhalation of VOCs[volatile organic compounds], the ingestion of particulate matter containing SVOCs [semi-volatile organic compounds] or metals or dermal (skin) contact with hazardous materials that can be released during soil-disturbing activities, such as excavation of soil and extraction of groundwater.” According to Landrigan and Goldman, “Exposure to chemicals is linked to a wide array of pediatric diseases. Lead and mercury can cause brain damage with loss of intelligence.”
The State Health Department found that although there were places on the proposed site where lead levels did exceed acceptable soil cleanup objectives, under current federal EPA standards these levels did not indicate a “soil-lead hazard.” However, a federal appeals court has ruled that the EPA’s dust-lead hazard standard is outdated and has ordered the EPA to update it. The court noted that in 2012 the federal Centers for Disease Control acknowledged that there is no known safe blood lead level and recommended a target amount that was half the EPA target amount to trigger a public health concern. To date, the EPA has not only failed to update the dust-lead standard but may be considering closing the Office of Children’s Health Protection and has eliminated the Office of Science Advisor.
The airborne dust from the proposed construction of the nursing home would enter P.S. 163 and the nearby Chabad Learning Center, as well as the surrounding buildings on West 97thStreet and in Park West Village. The Remedial Action Plan ordered by the State Health Department imposes strict safety requirements for the workers on the proposed site, but for everyone else attending school or living in the area simply requires that “water will be available (and used as necessary) for sprinkling/wetting, to suppress dust, especially in dry weather.” This totally inadequate form of protection from airborne lead dust is an example of the way in which the State Health Department has ignored the concerns of the parents and children and neighbors of the Park West neighborhood regarding the hazards arising from the proposed construction of the nursing home.
Concerned parents and neighbors should tell Governor Andrew Cuomo (518-474-8390) and Mayor Bill de Blasio (311) to stop this dangerous project.
New Jewish Home Not Good for Its Own Residents
JHL’s proposed 20-story New Jewish Home on the West 97th Street parking lot of Park West Village presents significant concerns for the quality of life and safety of the frail, elderly people who would reside there.
As for quality of life, JHL’s plan would place their frailest, long-stay residents on top floors, while allocating rooms on lower floors for people requiring short-stay rehabilitation services. This would have the effect of severing street-level connections for resident likely to spend the rest of their lives in the high-rise tower, while allowingthose who would stay for only a month or two to with easy access to the normalcy of street-level life.
As for safety, there is neither a plan nor possibility of evacuation of the tower in the event of a fire or natural disaster...
Click here to read the full blog published 10.28.2018
As for quality of life, JHL’s plan would place their frailest, long-stay residents on top floors, while allocating rooms on lower floors for people requiring short-stay rehabilitation services. This would have the effect of severing street-level connections for resident likely to spend the rest of their lives in the high-rise tower, while allowingthose who would stay for only a month or two to with easy access to the normalcy of street-level life.
As for safety, there is neither a plan nor possibility of evacuation of the tower in the event of a fire or natural disaster...
Click here to read the full blog published 10.28.2018
Jewish Home Lifecare Should Stay on West 106th Street
One of the justifications that JHL has given for its proposed 20-story tower on the West 97th Street Parking lot of Park West Village is that it would be the first example of the Green House (GH) model in an urban environment. There are two major problems, among others, with the proposal.
First, among national “small house” models, GH is significantly inflexible and its small number of residents per household severely limits reimbursement, which in turn limits staffing. The proposed plan eliminates RNs on the floor,and, in fact, limits all staff with the exception of two aides who would be responsible for cooking, housekeeping, and laundry – in addition to care of the nursing home residents. And it would have only one aide at night. GH is known all over the country for not offering activities– neither meaningful nor meaningless activities – since there simply is not sufficient staff...
Click here to read the full blog published 10.28.2018
First, among national “small house” models, GH is significantly inflexible and its small number of residents per household severely limits reimbursement, which in turn limits staffing. The proposed plan eliminates RNs on the floor,and, in fact, limits all staff with the exception of two aides who would be responsible for cooking, housekeeping, and laundry – in addition to care of the nursing home residents. And it would have only one aide at night. GH is known all over the country for not offering activities– neither meaningful nor meaningless activities – since there simply is not sufficient staff...
Click here to read the full blog published 10.28.2018
Children’s Health at Risk from Lead and Other Toxins on Proposed West 97th Street Site
In an op-ed piece in the New York Times (October 3, 2018), Philip Landrigan, the director of the Global Public Health Initiative at Boston College, and Lynn R. Goldman, the dean of the Milken Institute School of Public Health at George Washington University, warn of the dangers to children’s health by the decision of the federal Environmental Protection Agency (EPA) to place the director of the Office of Children’s Health Protection on “administrative leave” – a signal that the EPA may close the Office of Children’s Health Protection.
These events are significant for the children of the Park West Village neighborhood because the proposed construction of a 20-story nursing tower on the West 97th Street parking lot by Jewish Home Lifecare, next to P.S. 163, would unleash toxic airborne dust containing lead, mercury, arsenic, barium, and other volatile chemicals...
Click here to read the full blog published 10.13.2018
Construction Dangers Tied to Proposed 20-Story Nursing Tower Threaten Health + Safety of Children and Staff at P.S. 163
A recent construction accident at the Javits Center on September 11, 2018, illustrates one of the many possible dangers children and staff at P.S. 163 would face during the proposed construction of a 20-story nursing home tower by Jewish Home Lifecare (JHL) on the West 97th Street parking lot directly next to the school. At Javits, two large steel beams fell from a construction crane and penetrated the “protective” sidewalk shed below. Although no one was injured, other crane accidents in New York City have resulted in deaths, injuries and major property damage.
JHL’s proposed 20-story tower would rise 230 feet, and beams or other debris falling from the construction crane or the tower itself could easily penetrate the roof of PS 163 next door, causing significant damage to the school building and anyone in its path....
Click here to read the full blog published 9.23.2018
A recent construction accident at the Javits Center on September 11, 2018, illustrates one of the many possible dangers children and staff at P.S. 163 would face during the proposed construction of a 20-story nursing home tower by Jewish Home Lifecare (JHL) on the West 97th Street parking lot directly next to the school. At Javits, two large steel beams fell from a construction crane and penetrated the “protective” sidewalk shed below. Although no one was injured, other crane accidents in New York City have resulted in deaths, injuries and major property damage.
JHL’s proposed 20-story tower would rise 230 feet, and beams or other debris falling from the construction crane or the tower itself could easily penetrate the roof of PS 163 next door, causing significant damage to the school building and anyone in its path....
Click here to read the full blog published 9.23.2018
Park West Residents Meet with Governor Cuomo's Staff to Discuss Proposed 20-Story Nursing Tower
A group of Park West residents recently had three meetings with Governor Andrew Cuomo’s staff to express strong objections to Jewish Home Lifecare’s (JHL) proposed 20-story nursing tower directly next to the P.S. 163 elementary school on West 97th Street. Soil in the proposed site has been tested and is proven to contain dangerous levels of lead and other toxins. Deafening noise, toxic dust, and traffic congestion from proposed construction (projected to take 3+ years) would create major health problems for school children and the community.
Click here to read the full blog published 9.16.2018
Click here to read the full blog published 9.16.2018
Court ignores toxins and noise in decision on environmental case
December 16, 2017. The New York State Court of Appeals recently rejected the challenge by neighborhood petitioners and PS 163 parents to the way the New York State Department of Health (DOH) handled the issue of remediation of dangerous toxins and noise on the proposed Jewish Home Lifecare (JHL) site on West 97th Street.
The Court instead relied on findings in the DOH’s environmental impact statement that adequate protections would be put in place. Unlike the lower court judge, the Court of Appeals Judges were unwilling to look at the true nature of the harm that would be caused by proposed construction directly next to the PS 163 elementary school and apartments where we live – including seniors, infants, pregnant women, and people with compromised immune systems.
This decision does not mean that JHL can or will begin any construction.
In particular, we await a decision in the second legal case involving JHL (the zoning case), which was argued in the Appellate Division last month. The zoning case may produce further legal proceedings on whether there is enough open space on the zoning lot to construct any building. We trust that the Justices of the Appellate Division will bring more wisdom and justice to the bench than the Judges of the Court of Appeals did in the environmental case.
In addition to the pending zoning case, our fight continues on numerous fronts. We are hopeful and determined as ever to successfully stop JHL’s ill-conceived proposal of a 20-story nursing home tower.
To read the Court of Appeals decision, click here: https://www.nycourts.gov/ctapps/Decisions/2017/Dec17/128opn17-Decision.pdf
The Court instead relied on findings in the DOH’s environmental impact statement that adequate protections would be put in place. Unlike the lower court judge, the Court of Appeals Judges were unwilling to look at the true nature of the harm that would be caused by proposed construction directly next to the PS 163 elementary school and apartments where we live – including seniors, infants, pregnant women, and people with compromised immune systems.
This decision does not mean that JHL can or will begin any construction.
In particular, we await a decision in the second legal case involving JHL (the zoning case), which was argued in the Appellate Division last month. The zoning case may produce further legal proceedings on whether there is enough open space on the zoning lot to construct any building. We trust that the Justices of the Appellate Division will bring more wisdom and justice to the bench than the Judges of the Court of Appeals did in the environmental case.
In addition to the pending zoning case, our fight continues on numerous fronts. We are hopeful and determined as ever to successfully stop JHL’s ill-conceived proposal of a 20-story nursing home tower.
To read the Court of Appeals decision, click here: https://www.nycourts.gov/ctapps/Decisions/2017/Dec17/128opn17-Decision.pdf
NY Daily News 5.5.2017
De Blasio opposes bill limiting construction noise near schools, siding with proposed building project (The New Jewish Home) backed by one of his donors.
Click here to read full article.
NY Law Journal 5.4.2017
Environmental Case May Include Arguments on Controversial Amicus Brief.
Click here to read full article.
Crain's 5/6/16: Joseph Chetrit, (Jewish Home Lifecare's (The New Jewish Home) development partner is under court-appointed monitoring for money laundering allegations. Click here to read
Daily News 5/6/16: De Blasio lawyers up with high-profile attorney Barry Berke amid state, FBI fund-raising probes
Kramer Levin represented both the owner of the W. 97th St. parking lot, PWV Owners LLC, and Jewish Home Lifecare (The New Jewish Home), the nursing home group that wants to build the 20-story facility. Kramer Levin has lobbied the office of the mayor, the city Department of Planning and the Board of Standards and Appeals for many real estate interests. Click here to read
Daily News 4/26/16: Mayor de Blasio Backs Law Firm in Fight Over Lead-tainted Project Near Upper West Side School "The owner of the toxic lot (Chetrit) and the developer (JHL) who wants to put a 20-story nursing home there were represented by Kramer Levin, the same law firm that’s now representing the mayor in a growing federal probe over possible campaign financing violations." Click here to read
The Real Deal 4/27/16: De Blasio’s law firm also represents controversial UWS developer he backed “Kramer Levin is working on both the mayor’s corruption probe and Jewish Home Lifecare’s nursing home project.” Significant because Mayor de Blasio backed the developer rather than the health and safety of children at PS 163 and residents of all ages, including our community's substantial senior population. Click here to read
Daily News 5/6/16: De Blasio lawyers up with high-profile attorney Barry Berke amid state, FBI fund-raising probes
Kramer Levin represented both the owner of the W. 97th St. parking lot, PWV Owners LLC, and Jewish Home Lifecare (The New Jewish Home), the nursing home group that wants to build the 20-story facility. Kramer Levin has lobbied the office of the mayor, the city Department of Planning and the Board of Standards and Appeals for many real estate interests. Click here to read
Daily News 4/26/16: Mayor de Blasio Backs Law Firm in Fight Over Lead-tainted Project Near Upper West Side School "The owner of the toxic lot (Chetrit) and the developer (JHL) who wants to put a 20-story nursing home there were represented by Kramer Levin, the same law firm that’s now representing the mayor in a growing federal probe over possible campaign financing violations." Click here to read
The Real Deal 4/27/16: De Blasio’s law firm also represents controversial UWS developer he backed “Kramer Levin is working on both the mayor’s corruption probe and Jewish Home Lifecare’s nursing home project.” Significant because Mayor de Blasio backed the developer rather than the health and safety of children at PS 163 and residents of all ages, including our community's substantial senior population. Click here to read
Manhattan Express 4/21/16: JHL Nursing Home Critics Allege City, State Conflicts of Interest With a federal magnifying glass being cast over de Blasio’s campaign fundraising practices, a devoted opponent of the JHL project is questioning the mayor’s links to the nursing home development. Click here to read
DNAinfo 4/14/16: Mayor's Support of Controversial Nursing Home Developers Angers Locals Manhattan Borough President Gale Brewer, City Council Member Mark Levine, and Community Board 7 express disappointment and anger at the mayor's decision. Click here to read
Manhattan Express 4/7/16: City Sides With UWS Nursing Home Development Despite Lead Concerns During his tenure as public advocate, Mayor Bill de Blasio did not advocate for the children of PS 163 and residents of the surrounding neighborhood when informed about lead found in the parking lot of 784 Columbus on West 97th Street. Click here to read
DNAinfo 4/14/16: Mayor's Support of Controversial Nursing Home Developers Angers Locals Manhattan Borough President Gale Brewer, City Council Member Mark Levine, and Community Board 7 express disappointment and anger at the mayor's decision. Click here to read
Manhattan Express 4/7/16: City Sides With UWS Nursing Home Development Despite Lead Concerns During his tenure as public advocate, Mayor Bill de Blasio did not advocate for the children of PS 163 and residents of the surrounding neighborhood when informed about lead found in the parking lot of 784 Columbus on West 97th Street. Click here to read
2/12/16
IMPORTANT UPDATE
State Declines to Appeal Order to Redo UWS Nursing Home Environmental Review
State Attorney General Eric Schneiderman has not filed an appeal of a State Supreme Court ruling that called for more environmental review of a proposed JHL 20-story nursing. This is a significant victory for opponents of JHL’s inappropriate proposed construction on West 97th Street. (Please see article below for more information)
Manhattan Express 2/11/16: State Declines to Appeal Order to Redo UWS Nursing Home Environmental Review
"Joel Kupferman, the attorney representing them (neighborhood residents who are petitioners in the article 78 proceeding), said the Flint, Michigan water contamination crisis may have had some effect on Schneiderman and DOH’s decision.”
IMPORTANT UPDATE
State Declines to Appeal Order to Redo UWS Nursing Home Environmental Review
State Attorney General Eric Schneiderman has not filed an appeal of a State Supreme Court ruling that called for more environmental review of a proposed JHL 20-story nursing. This is a significant victory for opponents of JHL’s inappropriate proposed construction on West 97th Street. (Please see article below for more information)
Manhattan Express 2/11/16: State Declines to Appeal Order to Redo UWS Nursing Home Environmental Review
"Joel Kupferman, the attorney representing them (neighborhood residents who are petitioners in the article 78 proceeding), said the Flint, Michigan water contamination crisis may have had some effect on Schneiderman and DOH’s decision.”
12/9/15
A SIGNIFICANT WIN!
On December 9, 2015, Justice Joan B. Lobis of the New York State Supreme Court ruled that the New York State Department of Health, in its Final Environmental Impact Statement in the State Environmental Quality Review process (SEQRA), failed to take a “hard look” at specific environmental issues raised by experts and the community about the severe impact of JHL’s proposed development.
(Please click here for link to Judge Lobis ruling)
In her ruling, Judge Lobis “vacated and annulled” the DOH determination that previously approved JHL’s application, and ordered that the matter be sent back to DOH for reconsideration of findings on issues of noise and hazardous materials.
Petitioners of the two related Article 78 proceedings against DOH included tenants from buildings surrounding the proposed West 97th Street site and parents of young children at PS 163, the elementary school adjacent to it.
A SIGNIFICANT WIN!
On December 9, 2015, Justice Joan B. Lobis of the New York State Supreme Court ruled that the New York State Department of Health, in its Final Environmental Impact Statement in the State Environmental Quality Review process (SEQRA), failed to take a “hard look” at specific environmental issues raised by experts and the community about the severe impact of JHL’s proposed development.
(Please click here for link to Judge Lobis ruling)
In her ruling, Judge Lobis “vacated and annulled” the DOH determination that previously approved JHL’s application, and ordered that the matter be sent back to DOH for reconsideration of findings on issues of noise and hazardous materials.
Petitioners of the two related Article 78 proceedings against DOH included tenants from buildings surrounding the proposed West 97th Street site and parents of young children at PS 163, the elementary school adjacent to it.
West Side Spirit 12/21/15: A Win for Opponents of JHL
State Supreme Court orders nursing home project to reexamine the impact of construction on surrounding community.
DNAinfo 12/16/15: State Must Redo Environmental Review of Nursing Home Tower, Judge Says
"The state Supreme Court ruled that the state Department of Health failed to adequately review the potential impact of noise and hazardous materials from the construction of Jewish Home Lifecare's proposed 20-story nursing home and must redo those aspects of its environmental review."
IN THE PRESS
Forward 3/2/16: Takeover of Non-Profit Nursing Home Puts 200 Jobs at Risk This recent article in The Forward is about Jewish Home selling its Bronx nursing home. Park West Village neighbors may have added interest because it refers to JHL's proposal to build a 20-story nursing home tower on West 97th Street. Click here to read
West Side Spirit 12/8/15: Fight Continues Over JHL Project
"The financing for JHL’s project also adds another dimension of hope to opponents of the plan. Mega-developer Joseph Chetrit, who owns Park West Village, is providing $35 million in financing for the nursing home project and transferring ownership of the lot to JHL in exchange for a JHL property at 120 West 106th Street, at which the developer plans to build luxury housing.
But Chetrit was recently named in a lawsuit brought by the city of Almaty in Kazakhstan and BTA Bank, the third largest bank in that country. The suit alleges Chetrit helped two foreign businessmen hide $40 million in stolen assets belonging to Almaty and the bank through real estate deals in New York. Although the case was settled out of court, Chetrit is accused in the lawsuit of having violated various U.S. laws."
State Supreme Court orders nursing home project to reexamine the impact of construction on surrounding community.
DNAinfo 12/16/15: State Must Redo Environmental Review of Nursing Home Tower, Judge Says
"The state Supreme Court ruled that the state Department of Health failed to adequately review the potential impact of noise and hazardous materials from the construction of Jewish Home Lifecare's proposed 20-story nursing home and must redo those aspects of its environmental review."
IN THE PRESS
Forward 3/2/16: Takeover of Non-Profit Nursing Home Puts 200 Jobs at Risk This recent article in The Forward is about Jewish Home selling its Bronx nursing home. Park West Village neighbors may have added interest because it refers to JHL's proposal to build a 20-story nursing home tower on West 97th Street. Click here to read
West Side Spirit 12/8/15: Fight Continues Over JHL Project
"The financing for JHL’s project also adds another dimension of hope to opponents of the plan. Mega-developer Joseph Chetrit, who owns Park West Village, is providing $35 million in financing for the nursing home project and transferring ownership of the lot to JHL in exchange for a JHL property at 120 West 106th Street, at which the developer plans to build luxury housing.
But Chetrit was recently named in a lawsuit brought by the city of Almaty in Kazakhstan and BTA Bank, the third largest bank in that country. The suit alleges Chetrit helped two foreign businessmen hide $40 million in stolen assets belonging to Almaty and the bank through real estate deals in New York. Although the case was settled out of court, Chetrit is accused in the lawsuit of having violated various U.S. laws."
12/1/2015
UPDATES AND DEVELOPMENTS
The proposal by Jewish Home Lifecare (JHL) to build on West 97th Street remains stalled for many reasons.
First, our community has taken the following 4 legal actions to protect our safety, health and quality of life:
- Petition to NY State Homes and Community Renewal (HCR) to preserve all outdoor parking spaces.
- An Article 78* filed in the NY State Supreme Court challenging the NY State Department of Health (DOH) approval of the Environmental Impact Statement that the DOH was forced to undertake.
- A second Article 78* by the parents of PS 163 focusing on the deleterious effects of proposed construction on the children attending that elementary school.
- A challenge to the NYC Board of Standards and Appeals (BSA), which challenges their approval by the NYC Department of Buildings (DOB) of the zoning plan for JHL, which we contend violates open space requirements in the NYC Zoning Resolution.
While the HRC litigation did not succeed in preserving existing parking lots, the true success for the Park West Village Tenants' Association was the retention of above ground spaces for rent-stabilized tenants. This also allowed other actions to be developed and filed.
The Article 78s against the DOH await the judge’s decision, and the Court challenge to the BSA decision is in its early stages.
Second, JHL must still comply with remaining contingencies in their Certificate of Need (CON) from the DOH.
And third, several damaging disclosures have recently appeared in the media – one reported a lawsuit in which Joseph Chetrit, developer and landlord of 784, 788 and 792 Columbus Avenue, was accused of illegally laundering large sums of stolen foreign money. Another revealed campaign contributions to Mayor de Blasio, Governor Cuomo and Dean Skelos from consultants with ties to nursing homes and real estate developers.
It is unclear what effect any of these disclosures may have on the ability of JHL to go forward – financially or otherwise.
Please note two recent articles:
http://www.wsj.com/articles/lawsuit-accuses-manhattan-real-estate-used-to-launder-money-1445074202
and
http://www.propublica.org/article/new-york-for-profit-nursing-home-group-flourishes-despite-patient-harm?google_editors_picks=true
If you are interested in more details, please read the attached summary, JHL: Rebuild on 106th Street, from a PWV neighbor who’s active in our cause. Please Click Here.
(*An Article 78 proceeding is named after Article 78 of the New York Civil Practice Laws and Rules; i.e., whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed.)
April 13, 2015
UPPER WEST SIDE RESIDENTS SUE NEW YORK STATE HEALTH DEPARTMENT TO PREVENT APPROVAL OF NURSING HOME CONSTRUCTION ON TOXIC SITE
Nine residents of the Park West Village neighborhood on the Upper West Side of Manhattan have filed a lawsuit against the New York State Health Department to prevent it from giving approval to Jewish Home Lifecare (JHL) to construct a twenty-story nursing home on a parking lot on West 97th Street. The lawsuit challenges the Department’s handling of a State Environmental Quality Review (SEQR) proceeding, which was initiated after significant amounts of lead and other toxins were found at the proposed site.
Click here for article: DNAinfo 4/16/15: Upper West Siders Cite Health Risks in Suit Against Nursing Home Project
March 25, 2015
PARENTS OF PS 163 STUDENTS FILE LAWSUIT TO STOP HAZARDOUS CONSTRUCTION NEXT TO PS 163
The parents and children at P.S. 163 on W. 97th St. in Manhattan filed suit on Wednesday, March 25, 2015, in New York County State Supreme Court, challenging the NY State Department of Health's irresponsible approval of a dangerous construction project to be built directly next to the school.
(CLICK HERE FOR FULL TEXT)
Click here for article: DNAinfo 3/26/15: Parents at UWS Elementary School Sue to Stop Nursing Home Construction
April 2, 2015
THERE IS NO "WORK IN PROGRESS" IN THE WEST 97TH STREET PARKING LOT OF 784 COLUMBUS AVENUE - Park West Village Tenants' Association
THERE IS NO "WORK IN PROGRESS" IN THE WEST 97TH STREET PARKING LOT OF 784 COLUMBUS AVENUE - Park West Village Tenants' Association
March 3, 2015
COMMUNITY BOARD 7 PASSES RESOLUTION TO OPPOSE CONSTRUCTION ON WEST 97TH STREET SITE and makes a very strong statement about the community’s opposition to this project
THEREFORE, BE IT RESOLVED THAT Community Board 7/Manhattan opposes the granting of a Certificate of Need or any permit or approval necessary to allow the commencement of the Project or the construction of the Proposed Facility on the West 97th Street site. (CLICK HERE FOR CB7 RESOLUTION)
COMMUNITY BOARD 7 PASSES RESOLUTION TO OPPOSE CONSTRUCTION ON WEST 97TH STREET SITE and makes a very strong statement about the community’s opposition to this project
THEREFORE, BE IT RESOLVED THAT Community Board 7/Manhattan opposes the granting of a Certificate of Need or any permit or approval necessary to allow the commencement of the Project or the construction of the Proposed Facility on the West 97th Street site. (CLICK HERE FOR CB7 RESOLUTION)
PS 163 TASK FORCE for a SAFE SCHOOL (TFSS) has launched new website:
CLICK HERE http://www.ps163taskforce.org/
PUBLIC MEETING
Wednesday May 7th, 2014 6:30 p.m. and Thursday May 8th 2014 at 6:30 p.m. PS 163 Auditorium, 163 West 97th Street (between Amsterdam & Columbus Avenues)
Please note the public hearing will be on two nights -- please mark your calendars for both nights.
The Department of Health will send out an official public notice of the hearing and post the DEIS (click here, see line #7) at least 30 days prior to the hearings. They have not yet done so. More information will be distributed as we have it.
SCHOOL RALLY TO PROTECT PS 163 - Please Join!
Thursday May 8, 2014 8:10 AM in front of PS 163
See below for more details
P.S. 163 Task Force for a Safe School
Please take a moment to join our PS 163 community partners by adding you name to the petition: http://www.change.org/petitions/new-york-city-council-protect-our-children-by-preventing-dangerous-construction
We have been told that The PS 163 Task Force For a Safe School (TFSS) recently met with representatives of Jewish Home Lifecare. JHL presented an overview of their plans for construction and for how they would mitigate the impact of construction. To date, the TFSS is not convinced this is possible. The meeting concluded with the mutual understanding that the conversation cannot continue until JHL provides specific information to the TFSS. As of this writing, JHL has not produced the requested details.
At the request of JHL, also present were representatives from Greenberg Traurig LLP (as JHL’s legal council), AKRF Inc. (as the consultants preparing the Environmental Impact Statement on behalf of JHL), The Dormitory Authority of New York State (as technical advisers to the New York State Department of Health on environmental reviews), Sam Schwartz Engineering (as the consultants providing traffic study for JHL), Tishman Construction, The Department of Education, The School Construction Authority, United Federation of Teachers, and Councilmember Mark Levine’s office.
Please take a moment to join our PS 163 community partners by adding you name to the petition: http://www.change.org/petitions/new-york-city-council-protect-our-children-by-preventing-dangerous-construction
We have been told that The PS 163 Task Force For a Safe School (TFSS) recently met with representatives of Jewish Home Lifecare. JHL presented an overview of their plans for construction and for how they would mitigate the impact of construction. To date, the TFSS is not convinced this is possible. The meeting concluded with the mutual understanding that the conversation cannot continue until JHL provides specific information to the TFSS. As of this writing, JHL has not produced the requested details.
At the request of JHL, also present were representatives from Greenberg Traurig LLP (as JHL’s legal council), AKRF Inc. (as the consultants preparing the Environmental Impact Statement on behalf of JHL), The Dormitory Authority of New York State (as technical advisers to the New York State Department of Health on environmental reviews), Sam Schwartz Engineering (as the consultants providing traffic study for JHL), Tishman Construction, The Department of Education, The School Construction Authority, United Federation of Teachers, and Councilmember Mark Levine’s office.
January 31, 2014
"This project threatens to significantly alter the traffic patterns on West 97th Street, both during construction and after it has been completed."- AM Daniel O'Donnell
On January 31, Assembly Member O'Donnell requested that due to the recent traffic-related tragedies in our immediate area, Mayor de Blasio place a construction moratorium on West 97th Street and environs.
In the letter below, Assembly Member O'Donnell specifically names Jewish Home Lifecare's proposed plans to construct a 20-story nursing home next to PS 163.
We thank our Assembly Member for his stance, and for working to assure the safety of all who live, work, and attend school in our community.
"This project threatens to significantly alter the traffic patterns on West 97th Street, both during construction and after it has been completed."- AM Daniel O'Donnell
On January 31, Assembly Member O'Donnell requested that due to the recent traffic-related tragedies in our immediate area, Mayor de Blasio place a construction moratorium on West 97th Street and environs.
In the letter below, Assembly Member O'Donnell specifically names Jewish Home Lifecare's proposed plans to construct a 20-story nursing home next to PS 163.
We thank our Assembly Member for his stance, and for working to assure the safety of all who live, work, and attend school in our community.
P.S. 163 Task Force for a Safe School
PS 163 Task Force for a Safe School is a group of concerned PS 163 parents advocating to protect students and staff in response to the proposed construction. Created by the PS 163 PTA, it has recently launched its website, facebook page and twitter account. Please follow all for current school involvement and updates.
Link to "P.S. 163 Needs Your Help" video, click here-
TFSS website click here -
http://www.ps163taskforce.org/
facebook click here -
Protect PS 163 - PS 163 Task Force For A Safe School
twitter click here -
Protect PS 163@ps_163
email click here -
[email protected]
January 8, 2014
"I’m against it...We have to hold JHL accountable...The families of the students need to be heard."
- City Council Member Mark Levine
DNAinfo 1/8/14 : Councilman Mark Levine Faces Diverse Challenges in Redrawn Uptown (Click here for full interview)
DNAinfo: What is your position regarding the development of a new Jewish Home Lifecare nursing home on West 97th Street? And if you oppose it, how do you plan to help halt the development?
Mark Levine: I’m against it. This project will have a dramatic environmental impact. The construction process will have an impact on air quality, noise and safety. Traffic will be a concern. The strain on mass transit. Loss of light, air, green space. We have to hold JHL accountable. The community has succeeded in forcing JHL to do an environmental impact statement. We need to understand the environmental impact. I am particularly concerned that this development site will stand in front of an elementary school... Can you imagine being a third-grader having jackhammers outside your window? The families of the students need to be heard.
"I’m against it...We have to hold JHL accountable...The families of the students need to be heard."
- City Council Member Mark Levine
DNAinfo 1/8/14 : Councilman Mark Levine Faces Diverse Challenges in Redrawn Uptown (Click here for full interview)
DNAinfo: What is your position regarding the development of a new Jewish Home Lifecare nursing home on West 97th Street? And if you oppose it, how do you plan to help halt the development?
Mark Levine: I’m against it. This project will have a dramatic environmental impact. The construction process will have an impact on air quality, noise and safety. Traffic will be a concern. The strain on mass transit. Loss of light, air, green space. We have to hold JHL accountable. The community has succeeded in forcing JHL to do an environmental impact statement. We need to understand the environmental impact. I am particularly concerned that this development site will stand in front of an elementary school... Can you imagine being a third-grader having jackhammers outside your window? The families of the students need to be heard.
December 2013
UPDATE ONCE AGAIN the community mobilized and produced great results!
There will be a public hearing on the Draft Environmental Impact Statement regarding Jewish Home Lifecare's proposed facility on 97th Street between Columbus and Amsterdam Avenues.
You, along with our local electeds, were successful in securing a public hearing as part of the next public comment period. (Please see below for text from 12/10/13 letter from NYSDOH).
We will continue to update this site with any information regarding the release of the DEIS as well as any information regarding the public comment period that will follow.
TEXT OF LETTER RECEIVED from the New York State Department of Health Division of Health Facility Planning:
December 10, 2013
Thank you for your recent e-mail to Charles P. Abel, Director, Division of Health Facility Planning, urging the New York State Department of Health (Department) to conduct a public hearing on the pending Draft Environmental Impact Statement for Jewish Home Lifecare's proposed construction of a nursing care facility, located on West 97th Street in Manhattan (Certificate of Need application #121075).
The Department is currently processing a voluminous amount of public comments received on the Draft Scoping Document submitted at the Scoping Session held on September 17, 2013 at P.S. 163 as well as written submissions by mail and e-mail. A final Scoping Document, incorporating relevant comments and revisions, will provide the framework for the preparation of the Draft Environmental Impact Statement (DEIS). Once the Department deems the draft DEIS as complete, it will issue the draft DEIS for public review and wiil notice and schedule a public hearing on the draft DEIS in accordance with l0 NYCRR 97.9(d).
Let me assure you that the Department is thoughtfully considering the concerns raised by the community, and it is our goal to ensure the safety and health of the residents of the neighborhood.
Thank you for sharing your concerns. If you have additional questions or need further assistance, please contact Mr. Henry Joseph of the CON Review Group at (518) 402-0964.
Sincerely,
Charles P. Abel
Director, Division of Health Facility Planning
UPDATE ONCE AGAIN the community mobilized and produced great results!
There will be a public hearing on the Draft Environmental Impact Statement regarding Jewish Home Lifecare's proposed facility on 97th Street between Columbus and Amsterdam Avenues.
You, along with our local electeds, were successful in securing a public hearing as part of the next public comment period. (Please see below for text from 12/10/13 letter from NYSDOH).
We will continue to update this site with any information regarding the release of the DEIS as well as any information regarding the public comment period that will follow.
TEXT OF LETTER RECEIVED from the New York State Department of Health Division of Health Facility Planning:
December 10, 2013
Thank you for your recent e-mail to Charles P. Abel, Director, Division of Health Facility Planning, urging the New York State Department of Health (Department) to conduct a public hearing on the pending Draft Environmental Impact Statement for Jewish Home Lifecare's proposed construction of a nursing care facility, located on West 97th Street in Manhattan (Certificate of Need application #121075).
The Department is currently processing a voluminous amount of public comments received on the Draft Scoping Document submitted at the Scoping Session held on September 17, 2013 at P.S. 163 as well as written submissions by mail and e-mail. A final Scoping Document, incorporating relevant comments and revisions, will provide the framework for the preparation of the Draft Environmental Impact Statement (DEIS). Once the Department deems the draft DEIS as complete, it will issue the draft DEIS for public review and wiil notice and schedule a public hearing on the draft DEIS in accordance with l0 NYCRR 97.9(d).
Let me assure you that the Department is thoughtfully considering the concerns raised by the community, and it is our goal to ensure the safety and health of the residents of the neighborhood.
Thank you for sharing your concerns. If you have additional questions or need further assistance, please contact Mr. Henry Joseph of the CON Review Group at (518) 402-0964.
Sincerely,
Charles P. Abel
Director, Division of Health Facility Planning
IN THE PRESS
Please read, and then post your comments directly in the article links below:
Columbia Spectator 10/11/13: Melissa Mark-Viverito & Mark Levine's Op-Ed - Respecting the Concerns of the Community
West Side Spirit 10/8/13: Letter to the Editor
DNAinfo 9/18/13: Locals Question Environmental Review of Controversial UWS Nursing Home
Columbia Spectator 8/18/13: Upper West Siders Assail Jewish Home Proposal at Health Department Meeting
West Side Rag 8/17/13: Your Chance to Shape the Construction of a 20-Story Nursing Home
DNAinfo 5/20/13: Environmental Review Ordered for Controversial UWS Nursing Home Development
West Side Rag 5/16/13 (with correction): Nursing Home Ordered To Conduct Environmental Review At Development Site After Lead Report
New York Press 5/1/13: Lead Found at Future West Side Construction Site Next to School
Columbia Spectator 4/26/13 Report: Toxic Lead Levels at Parking Lot Slated for Jewish Home Development
DNAinfo 4/26/13: Toxic Levels of Lead Found at Nursing Home Development
Please read, and then post your comments directly in the article links below:
Columbia Spectator 10/11/13: Melissa Mark-Viverito & Mark Levine's Op-Ed - Respecting the Concerns of the Community
West Side Spirit 10/8/13: Letter to the Editor
DNAinfo 9/18/13: Locals Question Environmental Review of Controversial UWS Nursing Home
Columbia Spectator 8/18/13: Upper West Siders Assail Jewish Home Proposal at Health Department Meeting
West Side Rag 8/17/13: Your Chance to Shape the Construction of a 20-Story Nursing Home
DNAinfo 5/20/13: Environmental Review Ordered for Controversial UWS Nursing Home Development
West Side Rag 5/16/13 (with correction): Nursing Home Ordered To Conduct Environmental Review At Development Site After Lead Report
New York Press 5/1/13: Lead Found at Future West Side Construction Site Next to School
Columbia Spectator 4/26/13 Report: Toxic Lead Levels at Parking Lot Slated for Jewish Home Development
DNAinfo 4/26/13: Toxic Levels of Lead Found at Nursing Home Development
October 5, 2013
UPDATE THANK YOU FOR YOUR SUSTAINED ACTIVISM
The public comment period has closed. Please check back for further developments and the New York State Department of Health's response to submitted comments.
PLEASE SUBMIT YOUR COMMENTS on the
NYS Department of Health
State Environmental Quality Review
Draft Scoping Document
Mail:
Charles P. Abel, Director (Acting)
Division of Health Facility Planning
New York State Department of Health
Room 1805, Corning Tower
Empire State Plaza, Albany, NY 12237
Email: [email protected]
Fax: (518) 402-0971
Comments must be received by Friday October 4, 2013
Charles P. Abel, Director (Acting)
Division of Health Facility Planning
New York State Department of Health
Room 1805, Corning Tower
Empire State Plaza, Albany, NY 12237
Email: [email protected]
Fax: (518) 402-0971
Comments must be received by Friday October 4, 2013
9/17/13 Public Scoping Meeting at PS 163 was inspiring. The four-hour, standing-room-only hearing brought the community out in full force to voice concerns on the environmental impacts of JHL’s proposed 20-story development on West 97th Street.
The next crucial step is for each of us to submit comments on how the proposed project would affect our health and well-being. We must flood the NYS Department of Health, exercise our right to the mandated comment period and get our concerns on the record.
Click here for link to NYSDOH SEQR Draft Scoping Document
COMMENTS MUST BE RECEIVED BY FRIDAY OCTOBER 4, 2013
The sooner the better. Here’s how to submit yours.
Write a statement; there is no limit on length. Some concerns to consider are:
Tips
Comments must be received by Friday, Oct 4, 2013 by mail, email or fax.
Charles P. Abel, Director (Acting)
Division of Health Facility Planning
New York State Department of Health
Room 1805, Corning Tower
Empire State Plaza, Albany, NY 12237
Email: [email protected]
Fax: (518) 402-0971
The next crucial step is for each of us to submit comments on how the proposed project would affect our health and well-being. We must flood the NYS Department of Health, exercise our right to the mandated comment period and get our concerns on the record.
Click here for link to NYSDOH SEQR Draft Scoping Document
COMMENTS MUST BE RECEIVED BY FRIDAY OCTOBER 4, 2013
The sooner the better. Here’s how to submit yours.
Write a statement; there is no limit on length. Some concerns to consider are:
- Traffic – now, during and after proposed construction
- Lead and other toxins currently in the 784 Columbus parking lot
- Noise – construction, building compressors, traffic, etc.
- Disruptions to learning during 3+ years construction
- Air quality and pollution – excavation, construction, vehicles, etc.
- Impact of an ill-conceived design on nursing home residents
- Construction dangers
- Pedestrian safety – loading docks, increased traffic, construction
- Health effects on you, your family, your neighbors, the community
- Any personal or environmental impact that concerns you
Tips
- Consider starting with: “The Environmental Impact Statement should examine… assess…. determine…study….etc.”
- Print and share this email with neighbors who may not have computer access
- Comment sheet attached may be used, but not necessary
- Keep a copy for your records
Comments must be received by Friday, Oct 4, 2013 by mail, email or fax.
Charles P. Abel, Director (Acting)
Division of Health Facility Planning
New York State Department of Health
Room 1805, Corning Tower
Empire State Plaza, Albany, NY 12237
Email: [email protected]
Fax: (518) 402-0971
DATE SET FOR PUBLIC SCOPING MEETING!
WHEN: Tuesday September 17th, 2013
TIME: 6:30 pm - 8:00 pm
WHERE: PS 163 Auditorium, 163 West 97th Street
Between Amsterdam and Columbus Avenues
A big turnout at this meeting is critical. Your signature counted, and so will your presence. Please plan to attend!
The New York State Department of Health (NYSDOH) has determined that the plan by Jewish Home Lifecare (JHL) to build a 20-story nursing home on West 97th Street may have a significant effect on the environment. Because of the community's sustained activism, and with the help of various elected officials, JHL has been compelled to submit a study that will look at a list of 23 potential environmental impacts on PS 163 and the surrounding neighborhood both during and after construction, e.g., lead or other contaminants in the soil, traffic, noise, shadows, quality of life, safety, etc.
A State Environmental Quality Review (SEQR) of JHL's proposed development is underway and one of the first steps is a public scoping meeting to present the Draft Scoping Document.
The purpose of the NYSDOH meeting is for the community to learn about and then comment on the scope of the environmental impact review that JHL must complete before potential construction can begin.
At the meeting, the community will have the opportunity to voice concerns regarding every aspect of the environmental impact on the neighborhood. You will help shape the depth of the environmental investigation (the Draft Scoping Document).
Please come prepared with your specific concerns.
Link to Draft Scoping Document: http://tinyurl.com/JHL-ScopeProposal
Written comments may be sent and will be accepted for a period of ten calendar days following the close of the Public Scoping Meeting.
Written comments must be received by Friday October 4, 2013 5pm
mail to:
Charles P. Abel
Acting Director
Division of Health Facility Planning
New York State Department of Health
Room 1805, Corning Tower
Empire State Plaza
Albany, New York 12237
Or by email:
[email protected]
Explanation of Public Scoping Meeting
From http://www.nyc.gov/html/dcp/html/env_review/env_review.shtml
“A public scoping meeting must be held to solicit comments on the draft scope from all affected and interested parties. Comments at these meetings must be limited to the scope of work for the EIS and any changes needed to ensure appropriate and thorough assessment of potential impacts. The meeting must be scheduled 30 to 45 days after notice is given and the draft scope and EAS are circulated to all affected and interested agencies, community boards, groups and officials. Written comments may be received within ten days after the public meeting.
After incorporating public comments as appropriate, the lead agency issues a final scope of work and preparation of the DEIS begins.”
A State Environmental Quality Review (SEQR) of JHL's proposed development is underway and one of the first steps is a public scoping meeting to present the Draft Scoping Document.
The purpose of the NYSDOH meeting is for the community to learn about and then comment on the scope of the environmental impact review that JHL must complete before potential construction can begin.
At the meeting, the community will have the opportunity to voice concerns regarding every aspect of the environmental impact on the neighborhood. You will help shape the depth of the environmental investigation (the Draft Scoping Document).
Please come prepared with your specific concerns.
Link to Draft Scoping Document: http://tinyurl.com/JHL-ScopeProposal
Written comments may be sent and will be accepted for a period of ten calendar days following the close of the Public Scoping Meeting.
Written comments must be received by Friday October 4, 2013 5pm
mail to:
Charles P. Abel
Acting Director
Division of Health Facility Planning
New York State Department of Health
Room 1805, Corning Tower
Empire State Plaza
Albany, New York 12237
Or by email:
[email protected]
Explanation of Public Scoping Meeting
From http://www.nyc.gov/html/dcp/html/env_review/env_review.shtml
“A public scoping meeting must be held to solicit comments on the draft scope from all affected and interested parties. Comments at these meetings must be limited to the scope of work for the EIS and any changes needed to ensure appropriate and thorough assessment of potential impacts. The meeting must be scheduled 30 to 45 days after notice is given and the draft scope and EAS are circulated to all affected and interested agencies, community boards, groups and officials. Written comments may be received within ten days after the public meeting.
After incorporating public comments as appropriate, the lead agency issues a final scope of work and preparation of the DEIS begins.”
PAST EVENTS
June 5, 2013 NYSDOH determines the JHL proposed project may have a significant impact on the environment. NYSDOH issues EAS Positive Declaration.
May 23, 2013 JHL submits to NYSDOH Environmental Assessment Form ("EAS Part I and I") which formally starts the SEQR process.
May 23, 2013 JHL submits to NYSDOH Environmental Assessment Form ("EAS Part I and I") which formally starts the SEQR process.
"The Toxic Politics of Science" (Click Here to Watch)
Bill Moyers talks with David Rosner and Gerald Markowitz about their new book, Lead Wars: The Politics of Science and the Fate of America's Children, in which they state there is no safe level of exposure to this dangerous toxin.
Bill Moyers talks with David Rosner and Gerald Markowitz about their new book, Lead Wars: The Politics of Science and the Fate of America's Children, in which they state there is no safe level of exposure to this dangerous toxin.
May 2013
UPDATE WE ARE STARTING TO GET TRACTION!
Thank you for your signatures. Please continue to email, post, tweet and promote our cause.
May 16, 2013: Online petition reaches 1,300 signatures.
May 3, 2013: Mark Landis, Democratic Party district leader and City Council Candidate, writes in an email to his constituents: "The lead levels found in the soil are frightening, and especially dangerous to young children and seniors. Clearly, no development should be permitted to occur on this site until a full environmental impact assessment has been performed.
"I've joined with Congressman Jerry Nadler, Manhattan Borough President Scott Stringer, Council Member Melissa Mark-Viverito, the United Federation of Teachers, P.S.163 parents, Community Free Democrats and hundreds of other Upper West Siders in demanding that Governor Andrew Cuomo require the State Health Department and the State Department of Environmental Conservation to perform an environmental impact assessment as required by the State Environmental Quality Review regulations (SEQR)."
We appreciate their support, and we appreciate yours!
May 16, 2013: Online petition reaches 1,300 signatures.
May 3, 2013: Mark Landis, Democratic Party district leader and City Council Candidate, writes in an email to his constituents: "The lead levels found in the soil are frightening, and especially dangerous to young children and seniors. Clearly, no development should be permitted to occur on this site until a full environmental impact assessment has been performed.
"I've joined with Congressman Jerry Nadler, Manhattan Borough President Scott Stringer, Council Member Melissa Mark-Viverito, the United Federation of Teachers, P.S.163 parents, Community Free Democrats and hundreds of other Upper West Siders in demanding that Governor Andrew Cuomo require the State Health Department and the State Department of Environmental Conservation to perform an environmental impact assessment as required by the State Environmental Quality Review regulations (SEQR)."
We appreciate their support, and we appreciate yours!
(PETITION IS CLOSED)
PETITION TO TELL GOVERNOR CUOMO: WEST 97TH ST. CONSTRUCTION REQUIRES ENVIRONMENTAL IMPACT STUDY
Please sign the petition by clicking here:
Petition: Tell Governor Cuomo: West 97th St. Construction Requires Environmental Impact Study
On April 24, 2013, at The Holy Name School on West 97th Street, The Park West Village Tenants’ Association held a Community Meeting on the toxic levels of lead that exist in the parking lot proposed for development next to P.S. 163.
Our petition calling for the environmental assessment was signed by attendees last night. You can add your voice to the demand for action to protect all of us against lead toxicity by signing the petition online. Click here.
This parking lot has been found by health experts to contain toxic levels of lead that if disturbed by construction and made airborne would be toxic to young children, pregnant women, seniors, people with respiratory problems and others.
More than 200 people – including Council Member Melissa Mark-Viverito, Chair Community Board 7 Mark Diller, District Leaders Joan Paylo and Nick Prigo, Celine Mizrahi representing Congressman Jerrold Nadler and Rebecca Godlewicz representing Manhattan Borough President Scott M. Stringer – joined in a conversation to demand Gov. Cuomo to require the State Health Department and the State Department of Environmental Conservation to perform an environmental impact assessment as required by the State Environmental Quality Review regulations (SEQR) before ANY ground can be broken at the site.
Read more about the meeting in this April 26 article on DNAinfo.com.
Please sign the petition. The lead levels found are frightening and we must demand the State live up to its responsibility to protect its citizens from environmental hazards.
The louder our voice, the better our chance of being heard so please also circulate this information to your contacts, and use your network (via facebook, twitter, etc) to shine a spotlight on this threat to our health!
Our petition calling for the environmental assessment was signed by attendees last night. You can add your voice to the demand for action to protect all of us against lead toxicity by signing the petition online. Click here.
This parking lot has been found by health experts to contain toxic levels of lead that if disturbed by construction and made airborne would be toxic to young children, pregnant women, seniors, people with respiratory problems and others.
More than 200 people – including Council Member Melissa Mark-Viverito, Chair Community Board 7 Mark Diller, District Leaders Joan Paylo and Nick Prigo, Celine Mizrahi representing Congressman Jerrold Nadler and Rebecca Godlewicz representing Manhattan Borough President Scott M. Stringer – joined in a conversation to demand Gov. Cuomo to require the State Health Department and the State Department of Environmental Conservation to perform an environmental impact assessment as required by the State Environmental Quality Review regulations (SEQR) before ANY ground can be broken at the site.
Read more about the meeting in this April 26 article on DNAinfo.com.
Please sign the petition. The lead levels found are frightening and we must demand the State live up to its responsibility to protect its citizens from environmental hazards.
The louder our voice, the better our chance of being heard so please also circulate this information to your contacts, and use your network (via facebook, twitter, etc) to shine a spotlight on this threat to our health!
No JHL at PWV! is a coalition of Park West Village community stakeholders, nursing home advocates, parents, tenants' associations, neighbors, renters, and condo owners who oppose Jewish Home Lifecare's inappropriate proposed development on West 97th Street.
Proposed site for JHL is a parking lot on West 97th Street, situated between PS 163 and 784 Columbus Avenue
Jewish Home Lifecare (JHL) plans to trade its more than two-acre footprint on 106th Street for a small, quarter-acre lot on West 97th Street at Park West Village (PWV), squeezing a new high-rise nursing home onto this already highly congested block – with the help of megadeveloper Chetrit Group.
What You Can Do
• Sign up for email updates by contacting us at [email protected]
• Express opposition by writing, calling and emailing state, city and local officials
• Vote accordingly for those who did or did not heed the community’s long, loud, vocal opposition
• Sign up for email updates by contacting us at [email protected]
• Express opposition by writing, calling and emailing state, city and local officials
• Vote accordingly for those who did or did not heed the community’s long, loud, vocal opposition