Noise nightmare for neighbors comes to an end as 7-11 moves AC units to the roof on Avenue A

More than 15 months after 7-Eleven installed three noisy refrigeration units in an alleyway between 500 and 502 E. 11th St., workers arrived this morning to move them to the building's rooftop where they hopefully won't keep neighbors up all night.

Back in October, the Department of Environmental Protection ordered the Avenue A 7-Eleven to stop using the units, saying they violated the city's noise code. At the time, 7-Eleven reps said that they needed more time to sign a contract with a company to move the equipment. Landlord Westminster City Living claimed that 7-Eleven had refused to meet with them to discuss the ongoing issue.

As previously noted, the constant grinding, clicking noise caused several tenants in 502 East 11th St. to abandon their bedrooms.


[Photo via the No 7-Eleven Blog]

The crane was originally scheduled to arrive last Thursday, but the company had to amend their plans the day before the lift.

Upon hearing that news last week, one resident wrote, "We are at our emotional ends — exhausted beyond belief. We were fantasizing about the use of our living room for a Christmas tree (instead of a cluttered bedroom), and now we will have to wait… until when?"

The wait appears to be over… as these photos by Brian Katz, one of the residents who has endured the noise, show…





Previously on EV Grieve:
3 new AC units at incoming 7-Eleven prompts Partial Stop Work Order

A WHOOSHING AC unit update: 'We are roundly being ignored by 7-Eleven and Westminster NYC'

Report: 7-Eleven's AC units have forced residents from their bedrooms on Avenue A & East 11th St.

Local pols blast 7-Eleven for blocking order to remove noisy refrigeration unit at 170 Avenue A

1 year later, 7-Eleven asks for more time to move noisy refrigeration units from residential windows

1 year later, 7-Eleven asks for more time to move noisy refrigeration units from residential windows

[File photo via the No 7-Eleven Blog]

7-Eleven representatives appeared yesterday before the Environmental Control Board to discuss the ongoing issues with the store's Avenue A refrigeration unit that has caused sleepless nights for nearby neighbors these past 12-plus months.

And the result of this? According to DNAinfo:

At the hearing, a judge granted a two-week adjournment after a 7-Eleven representative said the franchise was entering into a contract to have the equipment moved. The judge gave 7-Eleven two weeks to submit a signed contract to show that the units would be placed elsewhere, he said.

Meanwhile, the building's landlord at Avenue A and East 11th Street, the Jared Kushner-owned Westminster City Living, put the blame directly on 7-Eleven. A Westminster spokesperson told DNA in a statement that they have been trying to meet with 7-Eleven for eight months.

“We completely agree with local residents. The units installed and owned by 7-Eleven need to be moved, and we’re working to make sure it happens,” the spokesman said in a statement.

There wasn't any comment from 7-Eleven reps.

You can read more about this at WABC and WCBS.

Previously on EV Grieve:
3 new AC units at incoming 7-Eleven prompts Partial Stop Work Order

A WHOOSHING AC unit update: 'We are roundly being ignored by 7-Eleven and Westminster NYC'

Report: 7-Eleven's AC units have forced residents from their bedrooms on Avenue A & East 11th St.

Local pols blast 7-Eleven for blocking order to remove noisy refrigeration unit at 170 Avenue A

Local pols blast 7-Eleven for blocking order to remove noisy refrigeration unit at 170 Avenue A

[File photo via the No 7-Eleven Blog]

From the EVG inbox yesterday afternoon…

Today, a group of elected officials and community groups blasted 7-Eleven for being a bad neighbor and demanded they drop the October 7, 2014 appeal of a Department of Environmental Protection (DEP) order to cease using a noisy ground-level refrigeration unit in the East Village. The refrigeration unit at 7-Eleven’s 170 Avenue A store has been tormenting neighbors for over a year and violates the City’s noise code.

Since the refrigeration unit was installed in September 2013, residents of adjoining 502 East 11th Street have been driven from their bedrooms by the unit’s constant grinding, clicking and vibrating. Residents have secured multiple DEP noise violations against 7-Eleven, which culminated in the agency issuing a cease and desist order for the unit last month. 7-Eleven has chosen to fight the order at the City’s Environmental Control Board rather than fixing or disabling the offending unit.

Senator Hoylman (D, WFP – Manhattan) said: “This is an outrage. It’s like living in a wind tunnel. Neighbors can’t get a good night’s sleep thanks to 7-Eleven and its noisy refrigeration unit at 170 Avenue A. I demand 7-Eleven to fix or disable the refrigeration unit and drop their appeal immediately.”

Hoylman continued: “This case is a perfect example of how the incursion of franchises like 7-Eleven have hurt the quality of life in the East Village. It’s sad they can’t be trusted to be good neighbors.”

Council Member Rosie Mendez said: "Since NYC is a city that never sleeps, 7-Eleven believes that translates into the fact that it can disrupt its neighbors quality of life of 24/7. If 7-Eleven wants to operate a 24 hour business in NYC and in our community, then act like good neighbors by dropping the appeal and fixing the HVAC unit that is located only 2-3 feet from the rear windows."

Maria Rosenblum, a resident of 502 East 11th Street, said: “Having this refrigeration unit next to my apartment windows has been a living a nightmare. The constant noise and vibrations prevents our daughter from doing her homework and prevents me from doing my own work; I'm a freelance film editor and I work from home. At night we all have trouble sleeping and have had to all camp out on the floor of our living room, my husband, daughter and I. We have all been uprooted and our bedrooms are useless. 7-Eleven is destroying my home, my neighbors’ homes and our neighborhood.”

Gigi Li, Chair of Community Board 3, said: “Community Board 3 thanks Senator Hoylman for working with residents and the Community Board for almost a year to try to remedy this illegal installation that has been a nightmare for the neighbors. 7-Eleven has shown blatant disregard for their negative impact on neighbors by appealing the cease and desist order. They have moved into our community without concern of being a good neighbor and contributing to our community.”

Previously on EV Grieve:
3 new AC units at incoming 7-Eleven prompts Partial Stop Work Order

A WHOOSHING AC unit update: 'We are roundly being ignored by 7-Eleven and Westminster NYC'

Report: 7-Eleven's AC units have forced residents from their bedrooms on Avenue A & East 11th St.

Report: 7-Eleven's AC units have forced residents from their bedrooms on Avenue A & East 11th St.

[Photo via the No 7-Eleven Blog]

As previously reported, workers installed several AC and refrigeration units adjacent to the incoming 7-Eleven at 500 E. 11th St. last September ... placed inches away from the bedroom windows of tenants. The No 7-Eleven Blog noted last week that landlord Westminster Management has racked up $17,000-plus in fines for the illegally placed units at 500 E. 11th St.

While no one appears to be much in a hurry to do anything about these AC units… life continues to be miserable for some surrounding tenants. The No 7-Eleven Blog heard firsthand from tenants for a post yesterday:

The illegal refrigeration unit is placed on the one story roof between 500 and 502 East 11th St. immediately outside of the bedrooms of four separate, second floor apartments (two in each building). This unit significantly violates the noise pollution laws (twice cited by the DEP). The noise and vibrations that this unit emits have resulted in tenants in 502 East 11th St. to abandon their bedrooms and re-position their entire family in the living room. The noise is constantly grinding, clicking, and vibrating making it unbearable for ALL the tenants on all the floors between the two buildings — one of whom is a freelance film editor who is now unable to work at home.

According to the blog, the tenants will request another noise reading next month … with a court date possible in the future.

Previously on EV Grieve:
3 new AC units at incoming 7-Eleven prompts Partial Stop Work Order

A WHOOSHING AC unit update: 'We are roundly being ignored by 7-Eleven and Westminster NYC'

[Updated] 7-Eleven signage arrives on Avenue A

A truck toting signage for the new 7-Eleven on Avenue A and East 11th Street arrived on the scene at 6:30 this morning, Shawn Chittle happened to notice. Crews have been hard at work late at night prepping the store for its Grand Opening... one crew member said they'd open today... while another member of the set-up crew said that the opening had been pushed to tomorrow.

The No 7-Eleven blog spotted an employee taste-testing the Slurpee machines...



Meanwhile, the Blue Plywood remains up around the store... the one with the active Partial Stop Work Order on it.

Updated 7:31 a.m.

EVG reader John shares these from the ground. Or Avenue A.





Updated 8:21 a.m.

Shawn Chittle notes that workers are removing the plywood from around the store's perimeter...






... and where will they place the work permits and Partial Work Order?




And there is video too...



Updated 9:08 a.m.

Via EVG reader Lauren...

A classic Urban Etiquette Sign for the 'Birthday Girl on the Second Floor'

A tipster points us to the front door at 500 E. 11th Street at Avenue A.

Per the tipster: "As if the residents of this building weren't suffering enough from Kushner and 7-11 construction..."


[Click image to enlarge]

The sign reads in part:

"We understand that you may be on a different schedule than many of us, but we're not playing our music out of our windows when you're sleeping. No, we have an understanding of what it means to be a neighbor. This is not a dormitory (although, the changing nature of the East Village may, at times, look and sound otherwise)."

Pretty good! But will it actually do a bit of good? According to the tipster: "This is the second time a letter was posted pleading with said tenant to play nice."

Reader report: East Village tenants taking Kushner Companies to housing court

[March 27]

Several residents of one of the walkups that the Kushner Companies purchased earlier this year submitted the following post...

The Kushner Companies officially took over control of the 17 buildings on the LES that Ben Shaoul owned for 3-plus years. For the 2 months that followed the change of ownership, Jared Kushner's company failed to provide basic services like heat, hot water and a locked front door. The tenants filed an HP Action against Kushner and are taking him to Housing Court this week.

In the past 2-3 months under new ownership, the daily lives of the tenants in the building have been a living hell. Clearly, their focus is on getting the $35,000/month 7-11 in on the ground floor without a care for the well-being of the tenants.

The issues in the HP Action include:

1. No Heat/Hot Water: No heat & hot water on a regular basis, even during the coldest weeks of winter when the outside temp was 16F. The culmination of which was a month ago when it was 25F outside and the tenants in the building repeatedly called the building manager and the super, who ignored the requests from Friday evening until Sunday afternoon. Temps inside fell below 45F and the tenants who stayed were sleeping fully clothed with jackets on. In addition to the heat being off completely, the boiler is now on a timer so the heat came on only twice per day leaving the building cold (below the legally mandated inside temperature) and the hot water being lukewarm at best.

2. Malfunctioning Heating System: terrible clanking of the pipes when the heat goes on, which makes sleeping through the night impossible. There were tenants who stayed with friends and relatives b/c even with ear plugs, they couldn’t fall asleep and stay asleep through the night.

3. Cracked Walls/Structural Damage: cracks in the walls of apartments on ever floor due to shoddy contractor work in the soon-to-be 7-11 space in the first floor. The company has since fired the contractors and the work has no resumed because of the HP Action.




4. Unlocked Main Entrance: front door electric key system failing randomly with no apparent reason from 1 day to 7 days locking tenants outside or inside of the building and leaving the building unsafe with the front door unlocked at all times. Tenants had to call 911 and have the NYPD come on Tuesday night several weeks back as the front door was wide open and a man was trying to get into apartments at 3:30 AM.

5. Smoke Detector Removal: the contractors disconnected and removed smoke detectors in the hallways as the dust was setting them off saying they had it approved by the FDNY so it’s perfectly legal.



6. Low Water Pressure: extremely low water pressure in faucets and showers throughout the building.

7. Illegal After Hours Work: Contractors working after hours (8 AM on Saturday), blocking hallways, blocking doorways and doing work that created so much dust and debris that DOB ordered that they cover apartment doors to protect residents.



8. Unavailable Super: super has rarely been available to solve maintenance problems (they only hired 1 super for 17 buildings and he doesn’t live in Manhattan), and never available after 4 PM or on the weekends. Emergency contact provided did not work.

9. Filthy Hallways/Entrance: hallways and entrance have not been cleaned on a regular basis in months. The stairwells of the building are disgusting.

The residents said that there were discussions of a rent abatement, but that never materialized.

Previously on EV Grieve:
Report: Jared Kushner paid $49 million for 7 more Ben Shaoul-owned properties in the East Village

More about Jared Kushner's East Village buying spree

Avenue A 7-Eleven construction update

On the topic of the incoming 7-Eleven on Avenue A and East 11th Street ... we haven't looked at its progress in ... three whole weeks! (The last update was here.) As you can see, workers have removed the shanty-like plywood roof...

Flashback!



We are also curious about what kind of 7-Eleven signage will represent the store here. Not entirely sure, but we did spot this on the DOB website, in the standard ALL-CAP DOBese...

ERECT NON-ILLUMINATED NON-ADVERTISING AWNING ON WALL. 12 SQ FT COPY TO READ STRIPE 7-ELEVEN STRIPE. NOT WITHIN VIEW OF ARTERIAL HIGHWAY OR PUBLIC PARK. NO CHANGE IN USE, EGRESS OR OCCUPANCY.

As for the end of renovations/construction, the sign on the plywood points to a July 31 end date...



In other 7-Eleven news, BoweryBoogie has an update on the franchise opening on Grand Street here.