On Site Activity
Februrary 17th, 2009 - Buildings Is Blind. OSHA Can See
On 2/9/09, Sackman Enterprises dispatched Escobar Construction, a firm not
licensed to do construction work in NYC, to begin illegal demolition of the
townhouses at 732-734 West End Avenue. Escobar's workers, with no protective equipment, began building scaffolding on
the roof of 732. The scaffolding was clearly visible from the street. At the same time, Escobar's workers began
illegal internal demolition work at 734 which could be clearly heard from the
street. Illegal scaffolding and illegal internal demolition complaints were
called in to the Buildings Dept. A Buildings BEST inspector came; saw the
scaffolding; saw the Escobar Construction truck outside; did not try to enter
the townhouses ... and left. He then filed a false inspection report saying
that no demolition had been observed and that he was unable to gain access to
the buildings.
Because the scaffolding was so obviously dangerous, and Escobar's Hispanic workers had no protective equipment at all, a "dangerous work conditions" complaint was sent over to the Manhattan OSHA office. The next day, an OSHA inspector saw the scaffolding and entered the townhouses to inspect and protect ... the workers. A 736 Tenants Ass'n. representative was told by OSHA that Escobar was doing work for "a gut renovation." There was not, and is not, a Buildings permit for gut renovation work at the townhouses, either. OSHA ordered the work site closed down to protect the workers. Thank you, OSHA! The same day, a Buildings scaffolding inspector visited the site, saw the illegal scaffolding ... and did nothing.
On 2/11/09, Escobar Construction was removing the scaffolding and taking demolition debris out of the townhouses. A Buildings BEST inspector filed a false inspection report, claiming that no demolition was observed and there was "no access to building." Here's a picture of the building he couldn't get access to. (Dave - Insert 734 Open Door.jpg) Here's a picture of the Escobar Construction truck, full of debris, which the Buildings inspector couldn't see.
On 2/17/09, after 736 Tenants asked the NYC Department of Investigations to have Buildings' inspectors investigated and prosecuted for filing false inspection reports, Buildings managed to post a notice on 732's BIS web page that PARTIAL STOP WORK ORDER EXISTS ON THIS PROPERTY. This was for the illegal scaffolding complaint which OSHA had taken care of one week earlier. The partial stop work order was not posted on the doors of the townhouses. 736 Tenants doubts it was actually served on Sackman Enterprises or Escobar Construction. And the illegal demolition complaint was closed by Buildings because no demolition had been observed from the street and no inspector could gain access to the townhouses. Of course, the inspectors didn't post a LS-4 notice ordering the developer to make an appointment for an inspection, either. Buildings Dept. crane inspectors were prosecuted last year for - you know! - filing false inspection reports, but that was only after fatal crane accidents.
So, Thank You, OSHA, for protecting 4 construction workers in an extremely dangerous situation. And Bronx Cheers to the Buildings Dept. for refusing to stop the illegal demolition, thereby endangering the 400+ residents of the buildings adjacent to the Sackman townhouses.
What's next? Buildings is blind. But ... OSHA can see. We'll see if federal prosecutors can as well. WORK ORDER EXISTS ON THIS PROPERTY
Februrary 11th, 2009
OSHA cites Escobar Construction for a grossly unsafe workplace for the rooftop scaffolding. Buildings Dept. inspectors allegedly cannot see the same scaffolding which is clear as day on the roof of 732. Later, Buildings is notified that 734's front door is open and workers are removing heavy demolition debris from the building, but fails to send an Inspector.
Buildings Dept. Inspector then files false inspection report on the illegal demolition complaint, stating that no demolition work can be observed and Inspector cannot gain entrance to the buildings ... while the front door of 734 is wide open. The illegal demolition complaint is closed, in violation of Buildings' procedures and the law.
The NYC Department of Investigations has pictures of illegal scaffolding, illegal demolition debris, Buildings' Inspector's car with ID number and license plate, but cannot manage to get an investigator to the site to verify that dangerous, illegal work is going at the time when Buildings' Inspectors claim they can't see or hear anything.
Our experts tell us that it is possible that a building collapse is being engineered so that the developer will be able to avoid the expense involved in implementing a demolition safety plan that City Hall is going to require be created at a meeting in the future. We also understand that the illegal demolition which Buildings Inspectors cannot manage to see is creating a situation of extreme danger to the physical integrity of 736 and 720, The Salvation Army's Williams Residence.
Februrary 9th, 2009 - Construction on roof
On Monday, February 9, 2009, workers from Escobar Construction, of Lyndhurst, NJ, began assembling scaffolding on the roof of 732 West End Avenue. Holes were drilled in the back walls of 732 and 734; iron bars were pushed out from the holes. Since no permits had been issued for scaffolding construction or demolition, 736 Tenants called complaints in to the NYC Buildings Dept. The demolition complaint specifically stated that holes were punched in the back walls of the townhouses. Buildings sent an inspector, who reported a little after 2 p.m. that he didn't observe any demolition activities and was unable to get into the buildings. A bit later, 736 Tenants filed a complaint with the NYC Department of Investigations. While the Buildings inspector hadn't been able to observe any demolition activities, the DOI staffer who took the complaint was clearly able to hear the heavy drilling in 734 when the complaining tenant held the phone near the common party wall between 734 and 736.
Below are pictures of the illegal scaffolding and holes in the townhouses' back walls. The illegal scaffolding is clearly visible from across the street. Had the inspector followed up with a call to the tenant who called in the complaints, he would have been taken to apartments in 736 from which the scaffolding and back wall holes are clearly visible. The Buildings Dept. inspector didn't even post a notice on the townhouses' doors telling the developer, Sackman Enterprises, to make an appointment for an inspection. In fact, Escobar Construction's workers stopped their noisy work and went home two hours after the Buildings inspector reported that he couldn't see a thing.
Rebar was embedded in the back of the building
Scaffolding was erected without a permit or safety equipment
Are Buildings Department's inspectors blind and deaf ... or just paid off?