By Daniel Krieger
The residents of 255 West 95th Street have been living in an olfactory environment dominated by the odors of hamburgers and french fries and grease.
This began in April, when the rooftop exhaust fan of the McDonald’s next door to them was pointed at their building after being turned away from 96+Broadway, a 23-story building that is adjacent and cantilevered above it. (The vent had been too close to the new building.)
Like many denizens of the Upper West Side, the residents of 255 West 95th have had to learn to live with the effects of the luxury high-rise construction boom that has swept across the neighborhood in recent years — bringing constant noise and disruption. But this particular effect has been too much to bear.
WSR recently spoke to some of the residents of 255, a six-story co-op built in 1908, who shared how that single decision has impacted their lives.
“When they first pointed the vent at our building in April, it was horrendous,” said Kety Huberman, 59, a scientist who has lived there for 29 years and is the co-op board president. “Even if you like McDonald’s, it was horrendous.”
Everyone in the tight-knit community started complaining about the fumes that were wrapping around the building and seeping into it and them. Eugene McMichael, a 70-year-old semi-retired RN who has lived there for 27 years, took one of the leadership roles in the campaign to get the vent moved.
“Sometimes you can identify the food,” he said. “Some mornings I wake up to the smells of Egg McMuffins and sausages, and at night if my bedroom window is open, I can sometimes smell grease.”
“This morning I smelled fries,” said his partner, José Londono, 57, a landscape designer. He explained that though he does not have a keen sense of smell, the unwanted odors still hit him. “If I can smell it, it has to be potent,” he said.
This McDonald’s operates 24 hours a day, but the effluvium fluctuates depending on what’s happening in the kitchen as well as which way the wind is blowing.
“We’ve intermittently been inundated with the smells, and we suffer,” said Terry Edmonds, who has been active along with McMichael in the effort to solve this. A 73-year-old retired speech writer who has resided there for six years, Edmunds put together a package of materials with McMichael that includes photos and a list of complaints from neighbors, describing the need to keep the windows closed; the nauseating stench; and how the odors have permeated their apartments.
They filed a 311 complaint to no avail. They contacted Gale Brewer’s office in June, and her director of communications, Edward Amador, took up the cause and reached out to McDonald’s, the developer and city agencies, without success. The residents contacted the Environmental Protection Agency, the Department of Buildings, and the Department of Health, all of which said there was nothing they could do. They learned that it’s legal in New York City to engulf a building with noxious exhaust fumes as long as the building code is followed, and they were told that in this case the code was followed. But the residents feel that it still isn’t right.
“One of the roles of our office is to ensure that businesses, be it a small business or a chain franchise like McDonald’s, are being good neighbors,” said Amador in a recent phone interview. “And we believe that there’s a serious quality of life issue here.”
In early summer, a half measure was taken when the angle of the vent was tilted roughly 45° so that it doesn’t hit 255 directly. McMichael called this “a partial solution but not the solution. It was reduced, but even this morning I opened the window and I could smell the McDonald’s odors.”
This is why the residents’ steadfast request is to move the vent away from them, doing what McDonald’s neighbor, the pizza joint, La Vera, does. La Vera runs its vent pipe up its taller building to the roof where the exhaust gets released to the open sky, which is where McDonald’s vent used to point before 96+Broadway altered the landscape.
Kety Huberman, the board president, has been speaking with a representative of the developer, JVP Management, who she said has been responsive. From their conversations, she got the impression that the developer is in charge of dealing with the vent matter.
“I don’t get the feeling that this is a resolved issue for them,” she said. “I think there’s something in the works, but I just don’t know what it is.”
WSR reached out to McDonald’s, but the company declined to comment on the record. JVP Management and the builder they hired, Leeding Builders Group, did not respond to multiple emails seeking comment.
The 255 residents are frustrated with the glacial pace of this process. “This should be easily resolved,” said Jack Stoerger, a 59-year-old paralegal who has lived in the building for 12 years. “This should not be a complicated matter.”
In his view, whoever is making the decisions about the vent has not made a good faith effort to solve the issue that he believes will not even cost much.
“You’re neighbors, for God’s sakes,” he said with exasperation, addressing McDonald’s. “You’re neighbors!”
He added that he didn’t think that potential buyers of 96+Broadway’s multi-million dollar condos would appreciate the stench of McDonald’s exhaust that now could possibly be reaching that building as well. “It’s based on the airstream,” he said. “If it comes from the north we get the exhaust, but if the airstream comes from the south, they get it.”
Since 96+Broadway’s units have just gone on sale, Stoerger’s hope is that that might bring about a quick resolution. Asked if the problem gets fixed to his satisfaction whether he would go back to McDonald’s, he said he would end his boycott.
“I will make the peace with a Big Mac and fries,” he said.
Horrendous. Find a lawyer-friend to file a $100mm lawsuit against the parent company, and it’ll be moved overnight. That’s the only language they speak.
You are spot on. Developer will not want potential buyers to see pending litigation when doing dd on a unit.
The McDonald’ is not in the new building. Why would 96+ have any liability for what a business in the adjacent building chooses to do?
So nothing would come up in due diligence for 96+
There used to be a McDonalds on Broadway around 82nd Street. It closed a few years ago. Once a McDonalds opens, it is usually permanent.
It is a very rare thing for one to close. What I noticed about that place whenever I went in was that even with most of the tables occupied, no one was eating anything.
I once met someone who lived in the building above the 82nd St location and I believe they had major odor issues so are very hesitant to let a restaurant occupy any of their retail spaces. Though as a resident of the neighborhood, I kind of miss that McDonalds – I try to limit my consumption, but once in a while it hits the spot.
Stories like this always make me appreciate living nowhere near any retail. I hope this is solved quickly and in a satisfactory manner for the residents.
That location at 82nd and Broadway was a Burger King not a McDonalds.
Teachers Too was in that McDonald’s space for years in 1980s and 1990.
Similar problem downtown with the Wingstop on 14th St. I wouldn’t wish this on anyone! Sometimes fast food tastes good, but its production never smells good.
Getting rid of all the scaffolding would help.
This is what happens with cantilever buildings, no air.
It’s hard to claim that McDonald’s sells/cooks hamburgers. If it did, the smell would be less bad.
That location has been there forever without so many buildings around. Obviously times are changing and so should the ventilation.
I wonder if the McDonald’s owner has an electrostatic precipitator and — if not — whether it’s time to try one.
All the pollutions matter, whether it’s light, noise or odors.
I feel for the residents there. I can barely stand the few minutes of cigarette smoke that my downstairs neighbor occasionally produces drifting through my windows. Can’t even imagine being exposed to constant McD greasy exhaust. Hope they get a satisfactory solution fast.
Did that building sell their air rights?
Residents of 255 West 95th need to take turns in front of McDonalds with signs saying, ” “McDonalds Pollutes!” Do not eat here”. If it cuts into even a fraction of their business, they will solve the problem quickly.
I doubt it will dissuade any customers. Half of their business is delivery these days. Most people go there for cheap food, and do not expect the company to be a socially responsible one
The City only cares about developers. Residents don’t matter at all. While the mayor wagers and dines out with the elite residents deal with, among other things, crime, garbage and fumes. Let me see how this works out…the vent was too close to the developers iron and glass but it doesn’t matter that it was tUrned to inundate resists already there.
The City tells them in effect you have no lobbyists; you don’t have billions to donate so go away. It’s appalling.
Why was that building allowed to be built? It adds an enormous stress to the electric grid when ConEd already calls me on every 90 degree day or hotter to say there may be a black out. Plus the subway stop can’t handle more riders and NYC wants less traffic. Seems that building is a problem in every conceivable way.
We live on 96th and Broadway, the smell of McDonald’s will be the smallest problem for the new buyers on 96th street. The blocks of 95th street up to 100th street are filthy, many homeless, and garbage everywhere. This is no longer millions of Dollars luxury property neighborhood, if someone takes charge and starts to bring it to the attention of the people that have the power to restore the neighborhood to what it use to be 3 years ago, it will make our neighborhood desirebale again.
A little research shows this is the oldest McDonalds in Manhattan, having been there since 1972. I guess that means they have certain rights. There has to be some way to compromise, for McDonalds to continue to sell their products without the nearby tenants gagging.
It may not be accurate that building code allows a restaurant to spray a building with fumes. I had an odor problem with an adjacent restaurant (the dearly departed Gabriela’s on Columbus). Calling 311 several times a night resulted in city inspectors coming to my apartment, smelling from an open window, and giving them repeated odor violations which resulted in stiff fines. Eventually a new vent was installed and the matter was resolved.
Also worth noting that McDonald’s new head of ESG, Jon Banner, was until recently UWS resident. May be good to reach out to him over LinkedIn.
Wondering if some type of filters would help?
I use to stay alot on 88th down by Riverside. I miss the UWS. You people are wimps. In Rhode island people picket the governor’s house when upset. You should find out where the owner and manager live. Picket their houses within the law. If they feel like it they can fix the problem in a day or two. Watch the little girl in True Grit for inspiration!
Meh. Since you lived here, you know picketing in NYC isn’t really a thing. The people of 255 reached out to numerous city agencies and Depts of This & That, and over what seems like a lot of time, received zero support. To me that is the ongoing story here – the soulless, completely ineffective and mostly wasteful bureaucracy of NYC government.
If these people don’t like the smell so then move. They forgot they live near a commercial street. So get used to smell or leave. They got three restaurants. The coffee shop at the corner of 95th, La Vera Pizzeria, and Big Mac. That’s the disadvantage of living on a commercial street. The noise is another thing. I also bet that Mc Donalds pay more taxes than all those in that building combined.
Current exhaust appears to be not in compliance with the NYC Building Department and Environmental regulations.
Fumes containing chemicals and grease from the restaurants should be dispersed above adjacent roof levels while as indicated on the photos the existing ductwork is surrounded by the higher structures. This is a poor engineering judgement and practice, which should be disapproved by the NYC building and environmental authorities.
In addition, existing exhaust is missing a grease trap and there is a visible grease discoloration of the adjacent structure, with results probably in overheating of the steel structural elements of the adjacent building. Overheating on the neighboring structure is definitely not acceptable by good engineering practice, NFPL and International Building Code both applicable in New York City.
Albert