Brooklyn Bensonhurst’s Chinese community has been protesting against the homeless shelter project at 2501 86th Street for over 300 days. On Friday morning, a work stoppage notice from the New York City Department of Environmental Protection (DEP) was posted on the wooden fencing surrounding the construction site, bringing new developments to the protest.
According to the notice, the DEP invoked section 24-136(h) of the New York City Code to immediately halt all construction activities at the site, emphasizing that all personnel must take necessary measures to ensure that no one continues to work.
The notice stated that work can only resume once one of the following conditions is met: submission of a written description of the construction scope for approval by the DEP Commissioner; or submission of a complete asbestos assessment report (ACP5) or investigation report covering all suspected asbestos-containing materials, along with laboratory test results and a chain of custody, which also requires DEP approval. The order requires delivery to the designated property owner and construction contractor.
According to earlier reports, the developer applied to the New York City Department of Buildings (DOB) for an extension of the demolition permit on April 30, which was granted on May 7, extending the permit’s validity until July 12.
However, protesters discovered on the DOB website that the developer submitted an asbestos assessment report on Monday (May 12), claiming that investigators took samples on April 4 and concluded on April 11 that the building does not contain asbestos-containing material (ACM).
In response, community protesters expressed skepticism. They pointed out that since last summer, they have been stationed outside the construction site every day and have not witnessed investigators entering the building, raising doubts about the validity of the investigation. They have raised questions with the DEP, which may have led to the issuance of the work stoppage order.
The building’s Certificate of Occupancy from the DOB shows that the structure was originally constructed in 1959 as a retail pharmaceutical storage space, converted to medical offices with associated parking in 1996, and further changed to underground storage, ground floor medical use, and a five-car parking lot in 2004.
According to information on the city’s DEP website, asbestos has been widely used in building materials since the late 19th century, such as ceiling tiles, floor tiles, cement products, and insulation. The U.S. Environmental Protection Agency banned all new uses of asbestos in 1989 and established strict regulations for existing asbestos. Since 1987, the New York City DEP has regulated “disturbance activities” involving asbestos materials. Disturbance activities refer to any operation that results in asbestos materials being removed, cut, drilled, etc., releasing asbestos fibers into the air, posing hazards to human health.
Under DEP regulations, nearly all buildings constructed before 1989 contain asbestos; prior to construction, building owners must commission a certified asbestos investigator to conduct a survey. If a project will disturb asbestos-containing materials (ACM), the owner must hire a licensed asbestos abatement contractor and air monitoring company; failure to register and investigate in accordance with the law can result in fines ranging from $1,200 to $10,000 per violation. All emission reduction projects must submit plans for approval at least seven days before commencement.