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rosenthall@assembly.state.ny.us

THE ASSEMBLY

STATE OF NEW YORK

ALBANY LINDA B. ROSENTHAL Assemblymember 67th District

CHAIR

Subcommittee on Mitchell-Lama

COMMITTEES

Agriculture

Corporations, Authorities & Commissions

Energy

Health

Housing

Tourism, Parks, Arts & Sports

December 18, 2012

Robert D. LiMandri Janette Sadik-Khan

Commissioner Commissioner

New York City Department of Buildings New York City Department of Transportation

280 Broadway, 7th

Floor 55 Water Street, 9th

Floor

New York, NY 10007 New York, NY 10041

Dear Commissioners LiMandri and Sadik-Khan:

I am writing regarding the issuance of after-hours variances for work permits by the New York City

Department of Buildings (DOB) and New York City Department of Transportation (DOT).

Although construction noise is certainly unavoidable in any city, there must also be reasonable

restrictions on the time, place and manner of construction, as this type of deafening noise is a

paramount quality of life concern for those forced to live around it. This is especially true when

work occurs late at night, early in the morning or on weekends, and it is essential for government

agencies to consider neighboring residents when allowing any work at those times.

With increasing frequency, I am hearing from constituents throughout my district who are plagued

by construction that wakes them up each morning and is so loud that they must shout to be heard in

their own homes. Recently, I was contacted by numerous residents who live in buildings near two

active construction sites—a new building being erected at 166-178 Amsterdam Avenue next door to

extensive street and interior work at 180 Amsterdam Avenue. The former site had been granted two

variances at the time by DOB to work from 9 a.m. – 5 p.m. two Saturdays in a row, while the latter

had a DOT permit for street work, including extremely loud jackhammering, seven days a week for

many months.

Allowing two simultaneously active construction sites to continue their noisy work on weekends

prevents my constituents from having any respite from near-deafening construction. I was glad to

see DOB’s weekend variances for 166-178 Amsterdam Avenue and weekend work on DOT’s permit

for 180 Amsterdam Avenue revoked after follow-up from my office on behalf of residents.

I am, however, concerned that these variances were issued without considering concurrent variances

at nearby sites and that both sites were permitted to use their variances for extremely loud work.

Construction work should only be allowed at night or on a weekend when it is absolutely necessary,

and variances should only be granted for work that will not impact the surrounding community with

excessive noise. DOB and DOT should also ensure that variances are not granted for multiple,

nearby sites to work after-hours at the same time.

I am interested in learning more about DOB and DOT’s policies with respect to after-hours

variances on nights and weekends. Specifically, what are the factors considered when deciding on

applications for variances? For example, are anticipated noise levels and active variances issued for

nearby sites considered? I strongly urge both agencies to ensure that these policies act to protect

residents and account for the concerns I have listed. Thank you for your attention to this matter. I

look forward to your responses.

Sincerely,

Linda B. Rosenthal

Member of Assembly – 67 AD