Three Manhattan Construction Sites Keep Upper East Side Residents Awake

Erica Bersin no longer needs an alarm clock to start her day. Construction crews in her Upper East Side neighborhood begin drilling at 7 a.m. on weekdays and often continue until 10 p.m. on weeknights and weekends.

Bersin lives within feet of three active construction projects: 301 East 71st Street, 242 East 71st Street, and 252 East 72nd Street. She attributes her worsening health to the constant noise and vibrations, noting that she has multiple sclerosis.

Valerie Mason, chair of Community Board 8 and president of the 72nd Street Neighborhood Association, confirmed the daily routine. She said the heaviest drilling occurs between 7 a.m. and 10 a.m. Mason described the situation as a choice between two months of work or four, arguing that working some Saturdays allows crews to finish sooner.

The New York City Department of Buildings stated that standard construction hours are 7 a.m. to 6 p.m. on weekdays. Contractors may request After Hours Variance permits, which often extend work until 10 p.m. and include weekends. Mason described these permits as being granted liberally, citing a recent Memorial Sloan Kettering reconstruction project that secured Saturday work variances for nearly a year.

David Maggiotto, a spokesman for the Department of Buildings, explained that the agency evaluates each site independently based on laws and zoning requirements. He noted that the department does not limit the number of permits issued in a single area. A spokesperson for City Council Speaker Julie Menin, who represents the district, said her office contacted enforcement agencies to ensure compliance and escalated noise complaints to the Department of Environmental Protection.

The Department of Buildings issues After Hours Variances for five reasons, including public safety, judicial mandates, and claims of undue hardship. For 301 East 71st Street, the 130,000-square-foot project obtained permits for weeknights from 6 p.m. to 10 p.m. and Saturdays from 9 a.m. to 5 p.m. The applicant cited a tight schedule and financial risk as reasons for the variances. The permit expires on Nov. 22.

Noise mitigation plans for the 301 East 71st Street site include plywood fences draped with blankets, machine maintenance, and mufflers. The plan notes that quiet work is recommended but not required after hours. Bersin said she wears noise-canceling headphones during the day, yet she still feels the vibrations. Her next-door neighbor has a newborn baby.

Mason pointed out that nearby medical offices struggle to hear patient heartbeats due to the drilling. She said that with as-of-right construction, builders often do not need to interact with residents. She advocated for requirements that force developers to engage with neighbors. Mason also noted that the region’s hard bedrock makes drilling more difficult and louder.

Residents can call 311 to report safety or compliance issues. The Department of Buildings maintains an enforcement unit that responds to complaints on nights and weekends. Bersin said inspectors arrived hours after she called, finding the site quiet by then. Menin’s office recently informed Bersin that the sites are operating within the law.

Maggiotto said that changing how After Hours Variances are permitted and enforced would likely require legislation from the City Council. Bersin said she is not against new housing but wants developers to be more considerate of existing residents.