PDA

View Full Version : Can this really be legal?!



scumonkey
July 14th, 2009, 07:45 PM
A "Bakery" moved into the building next door about a year and a half ago.
Even though that's what they call themselves I would use the term "Bakery" with tongue in cheek- they mostly grill meats.
They built a chimney up the backside of their building, and vent their smokey exhaust out into the neighborhood.
At first it was just an annoyance but, lately- it almost never stops, smells like burnt grease, fills all our homes up with thick greasy soot, and burns my eyes much of the time-
I really think it's starting to make me sick!
Here are some picks from throughout the day, taken from my terrace (which I can not use any longer because of), and from my window.

It starts out with a thick stream...
http://i211.photobucket.com/albums/bb276/scumonkey/8-3.jpg

Sputters...
http://i211.photobucket.com/albums/bb276/scumonkey/7-3.jpg
Begins to fill in...
http://i211.photobucket.com/albums/bb276/scumonkey/6-3.jpg
and chokes the whole neighborhood...
http://i211.photobucket.com/albums/bb276/scumonkey/4-4.jpg
Till you can't see anything:eek:
http://i211.photobucket.com/albums/bb276/scumonkey/2-4.jpg

Our community board has tried (to no avail) to get something done about it,
the owners deny it's a problem and, get more than a little upset at anyone claiming otherwise.
I'm at my wits end- the new construction around us makes it worse -forcing the smoke to pour right into our windows.
Does anyone know of a city agency that might be able to help?
Can this much smokey exhaust really be legaly released into the atmosphere like this?!

Fabrizio
July 14th, 2009, 07:57 PM
When I was living on 46th Street (Restaurant Row), a restaurant had a fan that made a high-pitched whine all day long. I called a city agency and they investigated. I think the rest. was even fined... or going to be fined. Eventually the fan was fixed. I can't remember the agency .... but I would think you have a very legit complaint.

scumonkey
July 14th, 2009, 09:20 PM
In addition to the smoke, they to, also have a screaming fan belt! :mad:
I'm sure Glenwood is gonna have a hard time renting out their new "Luxury"
apartments right behind me - the smoke hits their building (and all the windows) full force.

lofter1
July 14th, 2009, 09:46 PM
That's ridiculous.

Call DOB -- Get an Inspector to look + issue a violation.

Call DEP (Deparmtent of Environmental Protection) -- Get an Inspector to look + issue a violation.

Go to your local Fire House and see if they'll come take a look. Greasy smoke could be an indicaiton of a fire hazard.

Send pics to NY1.

And to Channel 5 ("Five on your side").

Call your City Council rep -- Ms Quinn, yes? -- email pics.

Ditto > Mayor Bloomberg.

Then do it all again. And again ...

You really need to go at this full strength because the "Baker" obviously doesn't give a shat.

btw: What is the name of the "Bakery"? Who owns it?

stache
September 9th, 2009, 03:00 AM
Smoke from grilled meat is full of nitrates which can cause cancer. Find out if the chimney itself was legally constructed.

195Broadway
September 9th, 2009, 10:55 AM
^
Pass an oak smoked brisket or boudin under your nose and you'll forget all about cancer. ;)

stache
September 9th, 2009, 11:12 AM
Everything in moderation.

OmegaNYC
September 9th, 2009, 02:13 PM
Smoke from grilled meat is full of nitrates which can cause cancer. Find out if the chimney itself was legally constructed.

http://www.sweetlousbbq.com/images/SweetLousBBQ.com-lg.jpg

Cancer, never smelt so good. :cool:

scumonkey
July 27th, 2010, 02:37 PM
Well it's been just over a year since I first posted this....
I've found out a lot of info about the place:
ST Management Commissary (WESTSIDE BAKERY)
at 350 W 38th Street (212) 290-8189
I have contacted the Mayor (no response- ever)
Channel 1 and 5 (replies but no follow ups)
DOB and DEP- violations found, citations issued- but
it seems this place rather pay fines than fix the problem:mad:
Christine Quinn- many replies - fixed it so the DEP would come out
to see (they needed prodding) one time- but have since stopped
answering my emails:mad:
Now I'm posting up on Youtube (I don't know what else to do)?!
Still images with appropriate music- live action at 1:40 into the vid.
taken just this past Monday.
I'm open to any more suggestions/ideas by anyone ;)

http://www.youtube.com/watch?v=EcNJUOdZC0c

lofter1
July 27th, 2010, 03:38 PM
Did you try the Community Board route?

Ninjahedge
July 27th, 2010, 03:58 PM
Did you try reporting them for Rats? ;)

The only other thing to do is see if there is a way to block up the chimney to cause a backflow into the restaurant.


Or sue them.

scumonkey
July 27th, 2010, 04:33 PM
Did you try the Community Board route? That was the first thing I did.
They held a meeting and invited the owner to hear our concerns...
He claimed we were either overly exaggerating, or just down right liars.
In the end it was he who lied, by telling the board he'd look into it, (yeah- right).
Absolutely nothing got accomplished (but the sucking away of hours of my life).
What really boils my nads is that a member of community board 4 lives
right above me in the same building, and constantly urges me to keep working on the
problem (but she herself- nor the board seem to be doing anything to help).
I am now of the opinion that community boards are completely worthless,
and do more harm to this city than good!

stache
July 27th, 2010, 06:03 PM
Dick Gottfried
Tom Duane
Jerry Nadler

And be sure to name your neighbor that is not helping.

311 Picture/Video Program - to report a problem by phone, dial 311 to open a service request (SR), and provide your email address to receive the upload link. You can add pictures to the following types of 311 service requests:


Street and Sidewalk conditions such as potholes, parking meter problems, and damaged bus stop shelters.
Public park conditions, such as animals, maintenance or facility issues, and rules violation.
Consumer complaints, such as damaged/defective goods, false advertising, and prices/rates not posted.
Cable and public pay telephone complaints.
Health department conditions including food establishment complaints.
Public school maintenance issues.
Taxi complaints.

Frequently asked questions about using the 311 picture and video submission (http://www.nyc.gov/html/misc/html/311/html/picvid_faq.shtml) service and the NYC.gov picture and video submission (http://www.nyc.gov/html/misc/html/picture_video_nycgov_faq.html) service.

scumonkey
July 27th, 2010, 06:32 PM
Dick Gottfried is exactly that ;)
Jerry Nadler & Tom Duane...I haven't tried them yet- thank YOU!
The problem with 311- they are useless!
Here is the runaround you get with 311
In order for Ms Quinn to start doing anything she needed an SR # from 311.
I called and made the complaints (lots of them) they gave me a number (actually more than one), then
connected me to the DEP. They also recorded my complaints and said they would come
out to check on the situation- problem is, they will not set a time or date :confused:
If your out at work (or wherever)- tuff.
That's where Miss Quinn came in (well actually her lackey Amanda Younger)
- she requested them to set up an actual appointment time, and date.
They came, they saw, (they looked at the pics and videos), they fined, they left- nothing else-
no change in the situation- no follow up.
Back to square one- call and complain again- get new SR#- only now- No help
from Miss Quinn, and no one ever shows up from the DEP- ever.:rolleyes:
Rinse, Dry, Repeat- the spot is still there- useless!

stache
July 27th, 2010, 07:21 PM
I'm not kidding on this one -

Barack Obama.
Be sure to include your paper trail.

scumonkey
July 28th, 2010, 03:55 PM
Well after another barrage of emails to Ms Quinns office, Miss Young wrote me back!
She had the DEP call to set up another appointment to try and catch this
"bakery" smoking out the area (with my luck it will be the first time in weeks that
no smoke will be spewing).
The sad part is, I've been informed that they (the DEP) have to actually witness it themselves
before they can issue a citation, no amount of documented proof will help- WTF :rolleyes:

lofter1
July 28th, 2010, 04:01 PM
That ^ probably has to do with evidence that would be presented at a hearing before the Administrative Trials and Hearings or some such NYC bureaucratic maze.

Merry
July 29th, 2010, 07:34 AM
On what basis were citations originally issued if the DEP didn't "actually witness it themselves" :confused:.


The sad part is, I've been informed that they (the DEP) have to actually witness it themselves
before they can issue a citation, no amount of documented proof will help- WTF :rolleyes:



DOB and DEP- violations found, citations issued- but
it seems this place rather pay fines than fix the problem:mad:

Ninjahedge
July 29th, 2010, 10:13 AM
Maybe a live web-cam? ;)

Give them the link so they can determine when to come out and see for themselves.


Oh, are any of your units for sale? Remember to put a description of the smoke billowing out on any listing in your complex. When stuff like that can cost $$ in a sale, many more people get involved. Your building owner or the real estate company might get "motivated" enough to start doing some legwork.

scumonkey
July 29th, 2010, 11:54 AM
On what basis were citations originally issued if the DEP didn't "actually witness it themselves" :confused:.The DEP has come out- more than once, and have "actually witnessed it themselves" - it just didn't change anything.
The problem is the times they come out and see nothing, makes them reluctant to come out again for another look see.
To shut the "bakery" down for non compliance, they have to garner a number of citations before action can be taken.


Maybe a live web-cam?There is one.. right here on Wired NY- cam one- but they can't/won't use it as proof (i already tried that route).
The building (mixed use) is actually a co op with a 250 year lease, in a building owned by someone else, on land owned by yet another.
The co op tenants voice their complaints- to me (because they know I'm still keeping at it), but after a mass effort through the community board that accomplished nothing, most gave up.
The commercial tenants say nothing (hell most hardly ever even pay their rent).
- the sleazebag owner of the building could care less (if anyone remembers, this is the building that he let a cocaine pushing, strip club/brothel into).

stache
July 29th, 2010, 12:14 PM
Shove some dead geese into the chimney! ;)

lofter1
July 29th, 2010, 12:29 PM
DOB shows open ECB (Environmental Control Board) violations for this building regarding the boiler and / or duct work & ventilation, showing status as "NO COMPLIANCE RECORDED":

ECB Violation Number: 32045345N - 2004 (boiler) (http://a810-bisweb.nyc.gov/bisweb/ECBQueryByNumberServlet?requestid=2&ecbin=32045345N): Status: NO COMPLIANCE RECORDED

ECB Violation Number: 34455707X - 2005 (http://a810-bisweb.nyc.gov/bisweb/ECBQueryByNumberServlet?requestid=2&ecbin=34455707X): Status: NO COMPLIANCE RECORDED -- WORK WITHOUT A PERMIT. NOTED: 1) NEW HVAC SYSTEM WITH DUCT WORK INSTALLED THRU-OUT AT 1ST FLOOR CEILING. 2) AT REAR EXTERIOR WALL THERE ERECTED AN EXHAUST SYSTEM CHIMNEY RUNNING FROM 1ST FLOOR TO ROOF

BUT ...

DOB also show 2009 Complaint about the smoke (http://a810-bisweb.nyc.gov/bisweb/OverviewForComplaintServlet?requestid=4&vlcompdetlkey=0001192668) has been RESOLVED :confused:



Overview for Complaint #:1260626 = RESOLVED

Re: SMOKE COMING FROM THE VENTILATION/EXHAUST AFTER 5PM.EXHAUST/VENTILATION IS VISIBLE IN THE REAR OF THE BUILDING

Last Inspection: 08/10/2009 - - BY BADGE # 2351
Disposition: 08/14/2009 - - I2 - NO VIOLATION WARRANTED FOR COMPLAINT AT TIME OF INSPECTION
Job Number:
Comments: NO DEFECTS OF EXHAUST SYSTEM OBSERVED

scumonkey
July 29th, 2010, 12:46 PM
Thank you so much for that info!

Last Inspection: 08/10/2009 - - BY BADGE # 2351
Don't these agencies work with each other (they should)?
The DEP last came out (to my loft)and inspected (from my back terrace) on June 10, 2010
where they did see smoke and issued a fine (at least they told me they did).
They will be here again tonight at 7:30pm to inspect again- I hope that bakery is cranking the smoke out.

Ninjahedge
July 29th, 2010, 12:49 PM
"Defects" are different than code violations.

Time to look up "badge #2351" and ask them what's up.

lofter1
July 29th, 2010, 01:00 PM
You mean that the coordination of City Agencies could be beneficial? If the agencies were streamlined / combined then what do you do about all those civil servants performing redundant duties? And if there was true coordination between agencies with a goal to really solve problems then wouldn't that rob the folks manning Mayor Mike's 311 of their ability to keep you in phone menu / waiting hell (hoping that the protracted complaint process will force you to give up and give in)?

There are FOUR Environmental NYC agencies:

Department of Environmental Protection (DEP) (http://www.nyc.gov/html/dep/html/home/home.shtml):


About DEP (http://www.nyc.gov/html/dep/html/about_dep/index.shtml)

Bureaus and Offices

Read about the many different functions, bureaus and offices of the Department of Environmental Protection.

Environmental Control Board (ECB): (http://www.nyc.gov/html/ecb/html/home/home.shtml)


The Environmental Control Board (ECB) is a type of court called an administrative tribunal. Judges hear cases, like a court.

Mayor's Office of Environmental Coordination (MOEC) (http://www.nyc.gov/html/oec/html/home/home.shtml):


... contributes to making New York City a healthier and more sustainable city by overseeing the city's environmental review process, administering the city's green building program, and advising on other environmental issues.

Office of Environmental Remediation (OER) (http://www.nyc.gov/html/oer/html/home/home.shtml):


About OER (http://www.nyc.gov/html/oer/html/about/about.shtml)

... the creation of OER in June 2008, and on Earth Day 2009 the City Council unanimously approved the New York City Brownfield and Community Revitalization Act (Brownfield bill), authorizing the establishment of OER as a permanent city office as well as the development of the Local Brownfield Cleanup Program.

Ninjahedge
July 29th, 2010, 01:30 PM
And people (mainly "elected people") wonder why we are having budget problems........