Neighbors in a housing development adjacent to the proposed site for a new nursing home development have filed suit against the state to stop the project, claiming that it will expose residents to toxins, excessive noise and delayed emergency responses. It comes on the heels of another lawsuit filed by parents at PS 163, right next to the construction site.
The proposed 20-story nursing home on 97th street between Columbus and Amsterdam, operated by Jewish Home Lifecare, won approval last year from the state after several contentious public hearings. But the petitioners, which include nine people living in the Park West Village apartment complex next to the development site, say the state review was inadequate and leaves them vulnerable. Several of the petitioners are children or adults with particular sensitivity to toxins, including a breast cancer survivor with damage to her lungs from chemotherapy and radiation.
“The project will result in releases of respiratory irritants, contaminated dust and toxic substances as well as odors released from the construction site; extreme noise that will severely diminish the daily use of their apartments, and exacerbated traffic hazards during both construction and operation of the proposed project that will also impede or delay emergency response to the buildings in which they live, which are all in very close proximity to the site.”
The suit alleges that the state didn’t correctly study the dangers from the project, which is being built on a parking lot where lead and other toxins have been found.
The state Department of Health said it “does not comment on pending litigation.”
A spokesman for JHL noted that the contractors have agreed to take extra measures to muffle the noise, including installing noise attenuating windows and new air conditioning units at the school. They also say they’ll “require that construction equipment use particulate emission reduction technology, that newer equipment with lower emissions be used whenever such equipment is available and practical to use, and that electric-powered equipment be preferred where practicable.”
“No one likes to have construction next door to their home or place of work, Jewish Home understands and is sympathetic to that. However, it’s the nature of New York City to see continual rebuilding and renewal throughout the five boroughs. With this project Jewish Home is preparing to take exceptional measures to assure that neighbors are not adversely affected by construction—measures that go well above standard industry practice and regulatory mandates.”
The state still needs to approve a certificate of need for the building before it moves ahead, said project opponent Martin Rosenblatt.
Photo by @Above_96th.
Hopefully the Park West Village Tenants Association will be as successful in this effort as they were defeating the construction of Whole Foods and the rest of Columbus Square.
Of course, they will have wasted hundreds of thousands of taxpayer dollars in the process, but who’s counting?
Exactly. The NIMBY’s are wasting taxpayer money and their own, which is not going to stop this developer, who has a team of lawyers and experts…
Ugh. Listen, I get it. No one likes living next to a construction site, including me. In my work-neighborhood in the garment district, there is constant construction. The only really disruptive parts of the process are the building tear-down (no building to tear down here) and the excavation. The rest is pretty manageable, noise and dirt wise. Furthermore, these houses have ample open space already, it’s not like it’s the last green space in the development.
There are so many ways the community and contractors could work around this, including shifting the noisiest construction hours to after 3pm, and scheduling shifts for weekend work and during the summer. It’s possible with some creativity and compromise.
These same naysayers will be the same people complaining in a few years over the lack of in-neighborhood elder care. Let’s hope the nursing home records the names of all those who filed suit and bumps them to the end of the wait list.
To Ugh – Clearly YOU don’t get it. The community/district already has JHL on 106th Street. No one disputes the need for their great services – just not on an extremely congested 97th Street. It would actually be a disservice not only to the community but also to the elderly JHL residents. Does 106th Street need another luxury building? Before commenting, come over for a visit to both locations!
Agreed, Jeremy. They are wasting everyone’s time and money. This project is as of right— even if they aren’t happy about it happening in their backyard. I think it will be a wonderful addition to the neighborhood and I am thrilled with how the Columbus Square area has been cleaned up and built up. Let’s call a spade a spade- this is a classic case of NIMBY.
What on earth is wrong with a nursing home? Seems like there are a bunch of people that will try to stop any project no matter what it is.
Yes, this area is the NIMBY capital of Manhattan.
While I agree for the most part, to be fair to some of the complainers, it does seem like it may be WTMIMBY (way too much in my back yard) as the UWS has a more than it’s fair share of these controversial projects forces upon them compared to other neighborhoods in Manhattan.
That’s not true! There are a number of neighborhoods in this city that have construction and other projects going on. Some more so than the UWS.
The ‘new’ lawsuit sounds just as frivolous as the last one. Same lawyer?
Nah, although I wouldn’t be surprised if certain elements of the cases were joined (if they’re in the same court). This one is a professional NIMBY attorney, blocking schools, nursing homes, amphitheaters, whatever . . . The other is a Pro-bono attorney at biglaw, who is unfortunately a dad at the school.
The first one is probably more formidable.
I think this is just what the neighborhood needs, and senior citizens. A nursing home that is modern and doesn’t treat people like vegetables. Any building that goes up there is going to have “irritants” in the air. That’s what happens when you build. There are construction sites all over Manhattan, are those people planning on stopping all of them. Give me a break.
The New York State Department Of Health has NOT approved
the JHL project. They ruled on the environmental review.
The JHL Certificate of need has not been approved.
The comments made by those that are for JHL constructing this Nursing Home, are a handful of people, that use the word NIMBY to dismiss any worthy comment in opposition to the proposed development. I wonder what these narrow minded people would say if they lived in LOVE CANAL.
This community is solidly opposed to this project, including
Congressman Nadler, State Senator Perkins, Assemblyman
O’Donnell, Councilman Mark Levine, Manhattan BP Gale Brewer, NYC Comptroller Scott Stringer, Community Board 7,
the PS 163 TFSS, and many other community people.
Martin,
What makes you think the State Health Dept won’t approve a certificate of need when they already approved the construction of the facility?
The state health and environmental departments have already required measures for construction mitigation. What more do you want?
If you truly aren’t a NIMBY, then what would you be okay with being constructed there?
By the way, I have no connection to JHL or anyone involved (nice ad hominem attack, though). I just don’t think a couple of luddites have any business wasting everyone’s time and making things more expensive for everyone else without a good reason. So far, the ‘facts’ that have been put out by these lawsuits from those like yourself have been laughable.
Jeremy and Gretchen, the people that posted the first and second comments both state: “They will have wasted thousands of tax payer dollars. What exactly are they referring to? What taxpayer dollars are being wasted?
There are no tax payer dollars being wasted.
The taxpayer dollars go for the lengthy holdup in bureaucratic work and court fees, not to mention more hidden costs in the loss of taxable dollars during the construction period in the form of subcontractors, salaries and related taxable income.
Seriously? That’s the problem with some of the people that this thing is attracting – they don’t care about the expense foisted on their neighbors for these repetitive and pointless lawsuits and FOIA requests. State lawyers don’t work for free, and discovery alone in this case could easily be six figures.
Please think about your neighbors before tilting at this windmill.
Given the unanimous vote of contributors in favor of the development I will be a naysayer… I am not in favor of this development simply because a) it is motivated by a backroom deal wherein highrise condos worth millions to another developer will rise on W106th, b) there is ample space on W106th for a planned re-development there. As to the comment that this new facility will not treat their patients as “vegetables” the old saying about changing a leopard’s spot pertains; if that is the culture on W106th it wont change on W97th.
@mormuse I’m with you on this one. In addition, I don’t see why every last plot of land has to be filled with a building. If this building goes up, West 97th Street between Amsterdam and Columbus will never see the light of day. Not to mention the overcrowding. Where will there be room for the ambulances and other support vehicles like Access-a-Ride to stop on 97th Street? Then, on 106th they want to build more apartments bringing more people and cars into this increasingly overcrowded neighborhood. Enough already!
This facility is being built because there is financial motivation to make millions with 106Th Street between Amst and Columbus where the facility is now housed. They say they need a new facility so it can be greener and more sustainable and a better atmosphere for those elderly now living there. That is completely inaccurate they could tear down one of the buildings on 106th street and do just what they want to do on 97th street. Does JEwish Home and Health care think we are so stupid to not understand their motives. It is not for the inhabitants but for the pockets of the developers. As for Columbus Ave it was not a waste land it had wonderful tennis courts and some one story buildings that provided the community with more empty air space above them, there was even a coffee shop on the corner of 97th street. Yes providing for the elderly is good but 106th street has ample space for the reconstruction.
Excuse me, but I have grown up next to and lived next to construction sites on the upper west side. So have thousands of other kids and adults! Riverside Blvd. has a number of pre schools in their buildings next to construction as well as fire and emergency ambulance vehicles. And also garbage trucks. We live in a huge city where construction has been going on and will always be going all over. This is just appalling that people are fighting this. My mother has been at the Jewish Home a number of times and it is disgusting how in disrepair it has gotten. We need to take better care of our elderly. It seems we are only concerned for ourselves and children; who are just as important as the elderly make no mistake but we have neglected the older folk. And if that means putting up a new facility near the old one, I say great!
Although it seems to me that there is too much development on the UWS already, something will be built on the space.
If the choice is a nursing home for the elderly or a luxury residential building, I am for a nursing home.
Yes, HOW DARE PEOPLE OBJECT TO BEING EXPOSED TO TOXINS AND INTERMIDABLE NOISE. How dare they!
I am always amazed at the willingness of humans in NYC to give up everything including their safety so that developers can make millions. I once thought NYC residents were shard intelligent folk but now I’m not so sure.
NIMBY is used by big wigs to denigrate the concerns of the little guy. Developers have convinced even those at their mercy that they, the developers, are just beneficent giants who do everything for the common good. Dream on guys. Dream on.
If you are scared of the ‘toxins’ caused by this project then I don’t know how you get out of bed.
The public are exposed to more toxins present on the subway than they will be with this construction.
You’re right Jay!!! And it’s not just the subway. It’s everywhere in the city. This is not the countryside for crying out loud! Not that it’s good for our health per se, but it’s a fact of life in a city. Especially in NYC!
There is a lot of talk here that those who object to the building of the JHL Nursing Home on this tiny piece of land on 97th Street object to a nursing home being built there. This is a false argument, and makes me suspect that many who are commenting about how we New Yorkers tolerate toxic construction sites next door with pride….are working for either JHL, its construction company, or Chetrit. (the developer).
Newsflash-this nursing home is being wedged into this piece of land rather than being redeveloped on its current site on 106th for one reason and one reason only. Money! Any disgusted by the conditions at 106-that is the fault of JHL on 106th. Period. If they want to renovate they are free to do so, and as such they have more than enough space to do so. According to a very recent article which ran in the NY Times, nursing homes all over the country leave a lot to be desired. But you are convinced that this particular space built less than 30 feet from a school, in the driveway of a large apartment complex on a street which is the egress from the East Side to the West and is one way-on a property so tight it may make evacuation in a fire impossible because this is a 20 story residence (!)-this project will be Utopia for the elderly! Right.
This battle which has been going on has been for some very, very good reasons. It is unusual that the entire Community Board, numerous City Council members, the Manhattan Borough President, the Comptroller, Assembly members, are ALL unanimously against this project. But I guess THEY DON’T COUNT, do they! They are NIMBY’s!! Not to mention all the area schools and the churches who’ve opposed this project as well-they have no rights either-right? Because a developer has a scheme to develop another luxury condo-multi-towered glass box, on the 106 St. JHL Nursing Home Complex! And pay the nursing home a cool 38 million for the trade! Please-spare me your happy tales about the joys of living next to megadeveloper’s construction sites.
Well, you caught us. Not only do we work for JHL (I’m an orderly!), but we’re all also lobbyists for the developer, political enemies of the comptroller and one of us – not saying who – is the actual Noid from those old pizza ads!
Of course, people who aren’t as clever would say that all of us who are pro-progress feel that way because we’re sick of busybodies imposing themselves on property they don’t own. They would say that we are pro-building because we like new Whole Foods or new services or new apartment options in our neighborhood. That would be crazy, right? It’s much smarter to say that we all secretly work for the Jewish Home.
Bunch of whiners. There’s construction all over the city, but there’s is special? The whole “toxins” bit sounds really hand-wavy.
JHL could have had this project built as of right on 106th St as originally planned by now. Who knows how much has been spent on attorneys and architects planning different versions of this building. The rezoning in 2007 fostered by community action groups and politicians have created this mess. The current proposal may actually be the best solution for JHL, its patients and the community. The project sequencing and location at 106th St would probably have been the worst scenario for neighborhood and patients. Construction would have lasted for many years and patients in both old and new buildings as well as community would have been subjected to noise and pollution. JHL is using its property assets in the best way to fund the construction of the new building. If the new zoning resolution is adopted, new affordable housing will be built on the site of the existing facility. Community action groups and Manhattan politicians are trying to screw that up also. Yes this is all about money and mostly about control. The unintended consequence of attempting to control construction on Broadway was the relocation of JHL project to 97th Street. The two tall buildings on Broadway and 100 St got built after many attempts to stop them and so will the JHL facility.
Yes, You can blame Bloomberg for that! With all his rezoning laws!