A judge ruled in favor of parents at PS 163 on West 97th street last week in a court case over whether the state adequately tested the environmental impact of a new 20-story nursing home set to be built next to the school.
Council member Mark Levine, who has been working with the parents and introduced a bill to curb construction noise levels near schools, said the ruling is “a victory in the push to protect the students of PS 163.”
Parents and neighbors have fought a protracted battle against Jewish Home Lifecare to stop the nursing home construction, because they expect it to significantly disrupt the safety and learning environment of the school, which is right next to the construction site.
The judge “vacated an annulled” the state organization’s decision allowing the nursing home to move ahead because the Department of Health “did not take the requisite hard look at the specific environmental issues.” In particular, the judge said the state failed to properly deal with the lead contamination in the soil and construction noise impacts.
The judge upheld certain aspects of the environmental review, rejecting the plaintiffs’ claims that the traffic analysis was “fatally flawed.”
To move forward, the state and JHL will have to present an amended environmental impact statement.
JHL is still considering whether to appeal, and a spokesperson said in a statement that the organization was “pleased” that the judge rejected seven of nine claims. “We remain committed to working with the school’s parents to identify workable solutions. At the same time, Jewish Home will consider its other options, including appealing the decision. We believe that the New York State Department of Health followed proper and thorough procedures in its review of this proposed urgently-needed pioneering elder care facility.”
“DOH and JHL have two options: either pursue a supplemental EIS focused on the two limited issues which the Court instructed the State and JHL to further review, or pursue an appeal to the Appellate Division. A supplemental EIS could be accomplished in a relatively short period of time as compared to a new, full-blown EIS.
In either case, JHL is proceeding with all steps so as to be ready to start construction when the matter is resolved. Under either scenario—supplemental EIS or appeal—we expect that the previously targeted start of construction, summer 2016, will not be significantly delayed.”
It has already been delayed, however. Excavation was previously slated to start in the fourth quarter of 2014.
The judge’s ruling is below:
I know that this question is not germane to this story…but could somebody explain the geographic orientation of the drawing of the planned JHL? Is this facing east or west? Either way, it doesn’t seem to be an accurate depiction of the area. It appears that the street to the right is 96th Street (as it is two-way), which would put the building between 96th/97th Streets, but I thought their plan was for the north side of 97th street. And, what is the street they show to the left of the new JHL building – there is no 98th Street there, as that is part of Park West Village. And if this drawing is facing the other way (i.e.; facing west), then where is PS 163?
The image is correct. The façade in the view faces south onto 97th street. PS 163 is on the left has a promenade leading to the main entrance. The driveway on the right of JHL provides access to the parking lots. Its pretty outside, but it probably does a good job on the inside.
Correction: meant to say “not pretty on the outside”.
I expect that the image was supplied by the developer.
Propoganda.
This article has left out some important facts about how this victory was won.
Your story should be revised to include what you left out. Mark Levine did not win this case, although his press reports seem to indicate that. There has been a long battle over this proposed construction that goes back to at least 2012, long before Mark Levine was our City Councilman.
First,there are two sets of plaintiffs,
not only the PS163 ones. Residents from buildings surrounding this site are also
plaintiffs in this lawsuit.These plaintiffs
are physically challenged, many with compromised immune systems, that would be affected by the hazardous toxic materials that construction would disperse throughout
our neighborhood.There are also many young
children not in school that live near this site that would also be in harms way. The information that Judge Lobis quotes
in the law suit about hazardous materials
comes mostly from the environmental experts
that the Resident plaintiffs provided, including Stephen Lester of Love Canal fame.
In addition, it was the Working Group of PWV
that first alerted our community about the
hazardous toxins in the parking lot proposed
for development that included high levels of lead, mercury, and other substances on
April 24, 2013 in a community meeting.
At that time we were the only ones shouting the alarm about this. The PS 163 Parents Association was dormant over this issue.
Only one parent from our group that had a daughter in PS 163 was vocal about this issue but got nowhere. It was only after
the PS 163 school leadership changed that
things began to change over this issue. We are now in it all together.
However, this story tells the community that the PS 163 parents won without mentioning the
rest of the community that also won and that
has been fighting this battle for years.
Please do the right thing as journalists and correct your story with the facts that the greater community knows about but was left out of your story.
Mark Levine can spin any tale that he wants, but, the true heroes in this community are those that fought the good fight, to achieve this victory. There is still more to be done.
For now, we celebrate our communities victory.
You didn’t achieve anything other than kicking the can down the road a little bit.
I still don’t believe your suit has any merit since the facts aren’t on your side. The judge bought a couple of ideas, but I’m sure the developer will take a couple of more samples to satisfy the judge and then we can all move on with our lives.
Thank you Mr. Rosenblatt-the greater community has been with you. We have been at the meetings, and supported the legal funds-and congratulate you and everyone who have worked so hard to stop this most ill-conceived and environmentally flawed plan from proceeding in this manner. It is a well known fact that the earth beneath this site has extremely high levels of lead and other toxic materials. It is egregious that private citizens are left to fight these battles themselves when our government agencies charged with this responsibility do not! How could they with the conflicts of interest that exist between government officials and REBNY-I believe this fight to clean up Albany has only just begun and that the tide is beginning to turn because private citizens have had it with the way their communities are being exploited and made unlivable in sweetheart deals for developers. There are few residents of this community who don’t understand that this nursing home should not be wedged into this parking lot with construction cranes and machinery on top of a public school-in the light and air space that was designated for this residential complex. It is ill-fated. It’s very sad when the current JHL facilities are so much better suited in the long run. But they don’t come with the developer’s bounty.
I’m sorry, but the community is not with you. There are only a handful of people who are concerned about this project. Most UWS folks realize that change happens on a daily basis and that’s what makes it a healthy community. People can see that those involved in the suit are just NIMBYs with a few dollars to waste.
It’s a fact that the site (soil) is no different than any other location in Manhattan. The judge just said DOH needs to reconsider their recommended containment system while excavation is happening.
I’m glad that you are happy looking out your window at a vacant lot. It’s not going to last much longer, so enjoy it while you can.
The new nursing home could be built much more efficiently, and at less cost on their existing site. They have an entire building on 105th Street used just for offices, they could easily rent office space nearby during construction, demolish the existing offices and rebuild a new uptodate nursing home on that site. Then they would demolish the existing nursing home and create a beautiful garden with a small office building. That way they would have a completely new facility and still own the nursing housing and the parking lot on 107th Street.
This corrupt plan would have given away 4.25 acres to Mr. Chetrit and his fellow developers (who built the 100th and Amsterdam monstrosity) in return for .5 acres on 97th Street.
Where is the attorney general and commissioner of charities when they are needed. PB, are you only interested in Albany and the lower east side?
I’m not taking sides in this debate – but just throwing this out there: There are very few (good) places for seniors to go to for rehab, long term care, or housing in this city. I recognize that this construction will inconvenience people, and is not good health wise for kids – or people with compromised immune systems… BUT – in the bigger picture – somethings’ gotta give. The senior population is growing and for those of us who live in the city and are growing older we will need more viable options if we are not able to stay at home.
Hi Amy,
The JHL Nursing Home exists already on 106th Street with a larger facility and more beds than will be on 97th Street. They are sitting with variances to enlarge the space. The ONLY reason they are closing the 106th Street facility is because a developer has traded JHL $38 million for them to move into this shoebox where they will have less beds, and stack the elderly in 20 stories. So the facility will have LESS room for the elderly, and questionable means of evacuation in the case of an emergency. But no matter, the developer will not have their huge piece of property to build high end luxury condos. And really that’s the only reason this is happening. The $38 million is the prize for JHL.
And for all others-The meetings which took place at PS 163 to fight this plan were standing room only. As clearly some who comment here are not from this community, and more likely looking out their window in Westchester, perhaps its best you be informed before speaking.
Ground Control-
Funny. You reply with ad hominem attacks instead of having a discussion about facts. Clearly being informed is not part of your agenda.
I’m more representative of the UWS than you think. I’m sorry that scares you so much.