Flushing family suffers from construction site for four years
by Heather Senison
May 09, 2012 | 245 views | 3 3 comments | 18 18 recommendations | email to a friend | print
A Flushing family chided a developer last week for constructing scaffolding over their backyard and causing noise and air pollution for the last four years.

The family, who own a home on 33rd Avenue off Union Avenue, filed upwards of 40 complaints with the city against the construction site, for reasons ranging from sink holes, a cracked foundation under their garage, and incessant pounding as early as 7 a.m.

The pounding harassed their mother as she fought cancer until her recent passing, the Joza family said.

“She would beg us and ask us to please go over there and ask them to tone it down,” Linda Hernandez, a family member, said at the rally outside their home on Thursday, May 3. “She understood they were constructing, but sometimes it was just too overbearing. It was just all day.”

But the construction workers told them no, she said.

“The quality of our life is just down the drain, we can't even open our windows,” she said. “And we can't even come out and enjoy our yard.”

State Senator Tony Avella joined the family last week, calling on the city to conduct a full audit of the construction site.

“This is one of the worst examples I've ever seen of a developer just taking advantage of a neighboring property owner,” Avella said, pointing to the scaffolding that stretches across the Joza family's yard.

“What are we doing with construction in this city, that we have a one-family house and then we have this huge monstrosity next to it,” he said. “How would you like to live under this?”

The Joza family pointed out numerous sink holes around their garage, which they said were filled by either someone walking into their yard without permission, or pouring dirt over the side of their fence.

“Here's a situation where a developer just doesn't believe what the rights are in this country, that they can just literally extend the scaffolding over their property without their permission or without notification,” Avella said.

The family filed a private lawsuit against the developer, but Avella said that shouldn't be necessary.

“There's something very wrong with how the city operates in these situations,” he said. “The city should be protecting individuals who are victims.”

Although the community board voted down the construction three years ago, and was originally told that what is now a seven-story apartment building would be a church, the developer still received a permit from the Board of Standards and Appeals.

A representative from the Buildings Department said a developer does not need permission from adjoining property owners to build up to the property line. However questions regarding whether permission is needed to construct scaffolding over an adjacent property, or if the department will conduct an audit of the construction site, were not answered as of press time.

Ling Zhang, a city-certified superintendent overseeing the construction project, said after the rally that the building is four to seven feet from the property line.

He said the construction company, Horizon 33 Management LLC, would repair damage done to the Joza property. In addition, Zhang said he would take the scaffolding down in about a month.

“This protection is temporary, after I'm finished I'll take it out,” he said of the scaffolding.

But the Joza family said the damage is already done.

“It's really a nightmare,” Sonia Joza said. “I don't know why the city's allowing this.”

Comments
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anonymous
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May 19, 2012
The DOB (doctors of bribery) and BSA (bull shit artists) in nyc have to be the worst in the nation! if not in the world.

Their greed doesnt let them see the damage they are causing to families like this one.

How can they approve this project in the middle of two ONE FAMILY HOME! It's really sickening! For them living there for so many years, they should have PRIORITY in deciding if they wanted a building next to their home and worst right to the property line, where are their right as citizens of this country!

Definitely they have been violated big time and these

City departments and the developer should be held accountable for all the pain a suffering this family has gone thru.

Mayor bloomberg is so busy trying to be a trillionaire that problems like this are too far for him to look back at..

What a disgrace he really is......but I wish the best of luck to the family.

Kate Lager
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May 18, 2012
4 years !!! How can this family take it! Where is the DOB ?

They shouldn't have never approved this project there, this is a residential neighborhood.

This is outrageous! It has to be the worst thing that can happen to you. This overdevelopment in flushing is getting out of hands, everything is being dumped here especially all these different types of churches, what is going on, there is about two or three churches in one block, it looks like you are in a convention of churches when you walk around the neighborhood, now these awful buildings have changed the nice warm neighborhood that this used to be.

The only ones to blame are the owners that are selling these beautiful homes. Shame on them...

anonymous
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May 17, 2012
This is really outrageous what the city is doing, allowing these ruthless asian developers to destroy our system and our ways of living in USA! I see the change! these used to be so beautiful neighborhoods and are being transformed into these piles of ugly buildings filled with these ugly signs that nobody understand but them, full of neon signs blinking all nite like if we were in Vegas or times square! If I want to see that I will go there. I wouldn't want to have it next to my home.

MAYOR BLOOMBERG? and GOV. CUOMO? would you allow what you are doing to Flushing, Queens, right next to Gracie mansion? Or your home? Better yet would you allow to transform Madison or Park avenue, like downtown flushing is. I don't think so!!!

You think you are above all of us, letting our once beautiful neighborhood get trashed this way. You should come more often here and smell our streets, I think you want to get rid of your NYC Chinatown and move them all here to flushing, don't worry it won't happen. They are stronger than you, we will have NYC with Chinatowns in all boroughs. They already there! Soon they will have their own state.

They are so rude! No respect or consideration to anybody.

This Ling Zhang where did he get his license? Or how much did he paid to get what he wants, For what I read he can't even speak English well. Where did he get the ok to trespassing the way he did on this family's home.

I took a look at this mistake, and he doesn't even know how to measure, to say that the building is four to seven feet from their property line! He is right on the property line! He is on top of them I tell you he doesn't understand english, how he can operate a business, very easy money and sign language.

And as for the representative's quote from the DOB? he must be another crook taking bribes from Zhang to say that and offer no explanation on WHEN an audit on that site MUST BE DONE What are they waiting for? Well, the city officials, for a new project's money and the developers, to finish this one up and go to the next neighborhood to cause the same disaster.

It is really appalling what they done to the Joza family, and the worse is that they have to paid legal help to protect themselves from this crime, that they didn't commit. Where are their rights? They pay their taxes, like you and I and deserve to have some respect.

I hope this get read by many and write their opinions too so Mr bloomberg doesn't think I am alone on this...