By Watson on December 4, 2011
According to the New York City Department of Buildings: “Excavation work is the first step in a new building construction project. When this work is done incorrectly it can undermine the stability of neighboring buildings, often leading to lawsuits over property damage among building owners”. So…what happens when a developer begins construction on a foundation for a six story apartment building without first preparing the site? What happens when a contractor does not excavate properly, does no shoring up of neighboring properties, rips out the only retaining wall separating the construction site from neighboring backyards and removes all the trees and brush that were not only holding the soil together but were soaking up water? 6 houses on Cannon Place, 4 houses on Fort Independence Street and 1 house on Giles Place share an abutting property line with that of 3333 Giles Place. Speak to these property owners and you’ll find out. 
{See more photos at the bottom.}
The construction on 3329/3333 Giles Place started in 2004. The owner of the property, GRA V, got a Retaining Wall Permit in May in order to enclose the entire property with a complete and proper barrier. The retaining wall that was in place was in very bad shape because it was over 200 years old and in addition it did not go completely around the site/property. The developer ripped out parts of the old retaining wall and poured some new wall but did not complete the retaining wall construction or have it inspected BEFORE starting foundation work. To see what it looked like at the time, go to this Historic Retaining Wall 091404.
The foundation work started on September 9, 2004 and just 21 days later construction work was stopped due to the downzoning of the neighborhood. So where does that leave the 11 homeowners whose properties surround this abandoned construction site? I recently paid a visit to many of them and it’s not a “pretty site”, no pun intended.
Cracked retaining walls, broken concrete and destroyed fences are commonplace. When the contractor removed the trees and vegetation and ripped out the over 200 year old retaining wall that was on their property they should have known this was an accident waiting to happen. Giles Place in on a steep hill that slopes down towards Fort Independence Street. The result is a major watershed problem for the homeowners on Fort Independence. One resident says that, “when it rains it’s like a waterfall. My backyard is like a swamp. My basement floods. I’m getting to a point where I need a sump pump”. Another Fort Independence resident says, “we used to entertain in the rear of our backyard but no more”. That kind gentleman allowed the developer to build a chain link fence 3 feet over his property line because he trusted the developer who said he was going to put in a new retaining wall. Today, the fence is falling down, the soil is being displaced, the concrete surrounding these houses is caving in and the promised “new” retaining wall was never constructed. The developer simply demolished the exisisting retaining wall and NEVER replaced it.
On Cannon Place things are no better. A fallen tree looms over the plywood fence into the backyard of one homeowner. Paving stones are loosening, retaining walls have cracked and fences that used to stand tall are leaning. A few property owners have paid out of pocket to make repairs themselves feeling disgusted with GRA V, the owners of 3333 Giles Place, who are nowhere to be found. One owner sent a letter to GRA V and it came back “return to sender”. Another called in a complaint the the Department of Buildings. An inspector came out and looked at the damage, said they had a legitimate complaint but did not issue a violation.
Well what happens now? I strongly urge anyone who lives next to a construction site, abandoned or not, who has property damage to contact both the developer/contractor and more importantly the Department of Buildings. Just call 311, speak to a DOB specialist and make sure to get a complaint number so you can track the progress of the complaint. Developers who want to build in the Bronx need to know that they must follow all of the procedures and regulations set down by the Department of Buildings and that they will be held accountable for their actions if they do not.
To all developers, contractors and architects who think they can come into a neighborhood and do what they please regardless of the law know that your good neighbors are watching you. The Department of Buildings is there to make sure that all construction sites are safe and that all buildings and houses that go up are built to code.
That is all we ask of you.
Watson
Posted in Communications, Construction, COUNTDOWN TO A NEW MAYOR, Front Page News, Giles Building, Giles Houses, Notices/Announcements, Press Release | Tagged Department of Buildings, Department of Transportation, Fort Independence Street, Giles Place Retaining Wall, Historic Retaining Wall
It’s scary to think that people can come in and do whatever they please without giving any regard to neighboring homes and businesses. The fencing doesn’t help much considering much of it is flimsy.
Very useful and informative article. Thank you for bringing this up to the Van Cortlandt Village community members!