Residents Will Sue City Over Fuel Storage

By Carl Glassman

Neighbors Against Noise, a group of Tribeca residents who have been battling the cacophony from a nearby telecommunications building for years, say they are now fighting not for a night’s sleep, but for their lives.

Prompted by a recent front-page New York Times article exposing an investigation of diesel fuel storage in “telecom hotels” around the city, the group said it will sue the city to enforce its own laws and bring buildings such as 60 Hudson Street, the former Western Union Building, into compliance with city codes.

Without citing 60 Hudson Street by name, the Times reported that Buildings Department inspectors found 2,200 gallons of diesel fuel on the upper floors of a “Tribeca tower” that may be illegally stored. The report set off concerns that the building could be at least as vulnerable as 7 World Trade Center, which experts believe may have collapsed partly as a result of burning diesel fuel ignited by the attack on the twin towers.

A Buildings Department spokesman confirmed that there is an ongoing investigation of 60 Hudson Street, but would not comment further.

“It’s inconceivable that having this amount of fuel stored in the building is legal,” said Julie Nadel, a nearby resident who was among those pushing to bring the suit.

Kenneth Carmel, a principal in Williams Real Estate, which owns and manages the building, insisted that the building is in compliance with city laws.

“We are 100 percent up to code,” he said, “and if there is anything else we can do we will do it.” Carmel said he has explained his position to the Buildings Department and expects to meet with Fire Department officials as well.

Community Board 1 chair Madelyn Wils told the board last month that Buildings Commissioner Patricia Lancaster and Deputy Mayor Daniel Doctoroff said to her that “whatever they are doing, most of it is legal and according to code.” Even if they do get violations, Wils said, the real issue is, “Are we going to change the laws based on Sept. 11 to reflect the reality?”

Councilman Alan Gerson is calling for a moratorium on the storage of diesel fuel in telecom hotels around the city and for an immediate inspection of the buildings. He also wants an independent task force of experts to review the regulations on diesel fuel storage.

“No one should live next to, or across the street from, tanks with more diesel fuel than 7 World Trade Center,” he said. “So the ultimate goal is to convert or get rid of the diesels. And in the short term we have to make every effort to secure these tanks and secure the buildings.”

Telecom hotels such as 60 Hudson Street house telecommunications and internet companies whose air conditioners and backup diesel generators have long plagued nearby residents with noise and pollution. Now, say Neighbors Against Noise, the threat is much greater and city officials have not been forthcoming with information.

“Is it safe? Is it legal? Are the tanks protected? Is that building capable of withstanding attack?” asks Bruce Ehrmann, an outspoken opponent and neighbor of 60 Hudson Street. “Either tell us, ‘Don’t worry, everything is safe and within the law,’ or say, ‘There’s a problem and we’re addressing it.’”

Ehrmann said Neighbors Against Noise had become frustrated recently in its efforts to bring quiet to the building and they had all but given up.

“As a group, we were just exhausted and demoralized,” Ehrmann said. “But not any more.”