There’ a new Coney Island blog dedicated to chronicling Coney’s “last year” called, well, Last Year at Coney Island. We find the topic somewhat depressing, but certainly welcome additional blog coverage. We take no credit for finding the new blog, which is produced by Neil J. Murphy. We came across it thanks to the always fine labors of Kinetic Carnival, the superb Coney blog that stays on top of things in our favorite seaside neighborhood. In any case, here a sample of the writing on Last Year, about a mermaid mural now partly covered by a Thor Equities plywood fence:

Does she look nervous? She should. She’s looking over one of the many plywood fences that have been propped up around her neighborhood in recent weeks. For the time being she can be found along the boardwalk near Stillwell Avenue and 15 Street, but those fences are surrounding a lot that the city redevelopment plan has its eyes on, and the building she’s on may not be around very long. She has a right to be wary.

Definitely put it in your reader and keep track of it.

It seems like it was only yesterday that we were sticking our nose through gaps in the fence around the Williamsburg development site we named the Roebling Oil Field to shoot photos of the oily ooze coming out of the ground. It provided us with so much joy–not to mention a collapsing sidewalk that almost made us one with the oil field on New Year’s Eve. Since then, we’re proud to note that Roebling Oil Field has entered the vocabulary and been appropriated as a general reference to the site. We like naming things.

Well, given that the Roebling Oil Field is only a memory now–having been cleaned up to state standards according to the consultants doing the work and reporting back to the Department of Environmental Conservation–we think it’s time to rename it the Roebling Oil Field Building or the Roebling Oil Building.

Documents indicate the finger of blame as to the source of the Black Gold is tilted in the direction of a building or buildings across N. 11th Street. An oil tank on the Robeling Oil Field property itself was dismissed as the source of the pollution. Not to worry, however, a water pump beneath the Roebling Oil Building will have an oil separator and the cleaned up water will be dumped into the city sewer system (pending city approval, of course). No result that we know of have been released from the half-dozen test wells drilled around the property. Work on nearby projects on N. 10th Street and Union Avenue should indicate whether the problem is very localized or a bit more widespread.

In the meantime, one would expect the marketing effort for the R.O.B. to begin soon. In case you’re joining our broadcast in progress or are just waxing nostalgic for some oozing goodness, we bring you the photo below of what used to be under The R.O.B.

What you’re looking at is the future of 253 N. 7th Street on top, and the existing building in its current state of deconstruction. The new 253 N. 7th, which also sports an address of 245 N. 8th, is the work of Michael Muroff Architect. The firm describes the new building as follows:

In industrial Williamsburg, Brooklyn, this destination building will provide concierge service, underground parking and an all-glass gym with skyline views. It relates to the adjacent loft building with its “factory” style massing and conceptual all-glass living room walls. Features include sliding “barn-style” interior doors to keep all spaces open and loft-like…

There are many new buildings going up on N. 7th and N. 8th Streets between Meeker and Bedford Avenues.

The Carroll Gardens group called CORD, which has been running a petition drive to call for a moratorium on building in the neighborhood until expansion of its historic district and rezoning are considered, will be part of a “Town Hall Meeting” with Council Member Bill de Blasio next week. The time and place are yet to be determined. Members of the group have been critical of Mr. de Blasio’s focus on architect Robert Scarano and have suggested it is a diversion from real neighborhood issues such as rezoning. In any case, the meeting will deal with a number of issues including the controversial development at 360 Smith Street (which started all of the activism in the first place), CORD’s petition calling for the moratorium and the rezoning and a discussion of rezoning and landmarking issues in Carroll Gardens. The group requested the meeting after delivering petitions with 1,500 signatures to Mr. deBlasio’s office. The meeting is not to be confused with an open house the City Council Member–who many expect to run for Borough President–is holding at his office on Tuesday (7/24) from 3PM-7PM. That event will take place at his District Office, which is located at 2907 Ft. Hamilton Parkway (F train to Ft. Hamilton Parkway).

There is nothing particularly brand new about this juxtaposition. It’s just that we happened to pay more attention to it the other day and noticed the 1876 atop 333 Warren Street, which is next door to 335 Warren Street. We also noted that the flowers in the windows of the empty building are a nice touch. We didn’t know (for certain) the architect of 335 Warren until we looked it up on the Department of Buildings website. You get three guesses. If you’re a regular reader, we know you’ll get it on the first attempt. And, if you’re new to the fun world of Brooklyn architecture and development, click here to find out.

Perhaps you recall the supportive housing development the Fifth Avenue Committee has been trying to build at Fifth Avenue. Well, many months after the public discussion about the building at 575 Fifth Avenue started, the City Council has voted unanimously to approve it, the Brooklyn Daily Eagle reports. The building, which will have 49 units of affordable housing for formerly homeless residents and for senior citizens, had won over many local opponents (though some still objected). It was approved by the City Planning Commission in May. Borough President Marty Markowitz had disapproved it, however. In any case, the City Council’s vote was unanimous. The development will rise on the site of a municipal parking lot.

Brooklinks is a daily selection of Brooklyn-related information and images, except, of course, for linking one of today’s stories about that scary steam explosion in Manhattan yesterday:

• Atlantic Yards Environmental Review Case to Take More Time [No Land Grab]
• Reports Says Stop Playing Politics with ESDC [AYR]
• Dutch Mustard Replacement 80 Met Now Has Website [Brownstoner]
• More on the Newtown Creek Oil Spill Lawsuit [Gothamist]
• Exxon Mobil Still Clean Up Oil in Greenpoint [NYT]
• Kids Rescued from Blaze on Siegel Street in Williamsburg [NYP]
• Brooklyn and Park Slope Follow One Everywhere [OTBKB]
• Take the Bushwick Challenge [newyorkshitty]
• Cleaning the Dump Next Door in Bushwick [Bushwick BK]
• Fast Food Nation Screening at Community Garden [Bed-Stuy Blog]
• Sunset Park High School in 2009? [IMBY]
• The Greenpoint Hotel [11222]
• Thursday Events in Dumbo [Dumbo NYC]
• Cool Reading in Williamsburg Today [Found in Brooklyn]
• A New Apartment in Red Hook! [Esthetic/Aesthetic]
• SilverRod Mutates into Walgreen’s [Kensington Brooklyn]
• Happy Birthday, Fresh Direct [Z. Madison]
• Go Fish in Prospect Park [City Room]
• 1909 Postcard of Pratt [Clinton Hill Blog]
• Siren Fest Schedule [Kinetic Carnival]

1) It looks like Jessie’s Brooklyn Kitchen, whose blue-and-yellow storefront has been in place for some time at 220 Smith Street (uh, since at least January), is closing in on an opening. We know this due to our powerful talent for observation, like the fact that there was painting going on outside that had something to do with a menu. The restaurant is supposed to be preparing its food from all-natural ingredients, much of it from local sources. The space most recently housed Viola, which closed at some point last year.

2) We got an email late yesterday afternoon with the subject line “Gowanus Wine Bar.” It asked “Know anything about the wine bar opening up tonight on the corner of Union Street and Hoyt? (The one with all the Adirondack chairs out front…?)” We’ve noticed the work on the space, but can’t say we swung by last night. Anyone know about, do leave a comment or shoot us an email.

UPDATE: We should have checked with our friends at Eater before we posted, because the EaterWire–which has the inside track on such things–reports that the place is called Black Mountain Wine Bar and has a large wine menu, small plates and dessert.

Our Greenpoint correspondent sent this image of the signage at Green Street and Manhattan Avenue, noting that a truck had mowed down on of the local stop signs at an intersection that construction has rendered treacherous for both motor vehicle, pedestrian and bicyclist. In any case, you’ll note one sign is way up there. The attacked sign is on the ground. And the site of the former sign has been spray painted orange and says “Look.”

Williamsburg, Brooklyn

As we noted yesterday, the Department of Housing Preservation and Development–which is overseeing development of the parcel on the Gowanus Canal known as Public Place published detailed guideines for the project yesterday. Developers have until October to submit proposals, although getting the project going will be a very long and complicated procress with at least two years of environmental cleanup needed before anything can be built. Depending on the scale of development, there may also be a land use review process that could take a year, and the parcel will also have to be rezoned. It will all take place in a community where there is significantly divided opinion about what should go on the parcel, so there will probably be no final word on anything until steel is rising.

Curiously, the request does not include a major part of the parcel which is occupied by a privately owned warehouse, which would presumably be part of any cleanup on the site. The entire parcel is so polluted that a total cleanup would cost $700 million and take more than a dozen years; what will happen instead is a two-year cleanup of up to $100 million.

In any case, the new development would include at least 400 units of housing, including homeownership and affordable rental units. It would include a “community facility” and retailing along the Smith Street side fo the parcel. In addtion, according to the RFP, “a significant portion of the site should be dedicated to open space.”

The city document says:

• The site should contain a variety of uses including housing, open space, retail/commercial space, and some form of community facility such as a boathouse, youth center, or community space.

• Uses and building bulk should be sited in a way that is responsive and sensitive to existing adjacent uses and site topography. There should be a mix of building heights and maximum building height cannot exceed 12 stories.
• Housing should include homeownership, rental, and senior housing.
• The design should incorporate a significant amount of open space adjacent to the Canal, allowing public access to the waterfront.
• The existing street grid should be extended into the site.
• The streetscape should be enhanced through landscaping, better lighting, and an architecturally interesting ground floor.
• To avoid the creation of an “island,” the design should complement its surroundings, and amenities should serve the whole community.
• Parking should not be exposed.
• In summary, the site plan should address the community’s need for housing, public spaces, and commercial spaces that are refl ective of adjacent uses, while integrating the site with the surrounding neighborhood and enlivening the streets around it.

Buildings should be of mixed height, with a maximum of 12 stories. Underground parking. Extended existing street grid through the site. You can check the press release here and, if you’re so inclined, you can get to the page where you can register to download the RFP here. The registration process requires you to leave a name, email, phone number and address, but it’s painless.

The Public Place site presents some sobering environmental issues and the extent to which you will be comfortable with the cleanup will be determined by the extent to which you are comfortable with the state’s willingness to be aggressive in enforcing cleanup standards on KeySpan, which is responsible for the heavy lifting, and on the developer that is chosen to develop the property. A full environmental cleanup of the property will not be done. Contamination runs as deep as 150 feet from the toxic soup left behind by the Manufactured Gas Plant that once occupied the site. KeySpan estimated the cost of a full cleanup at $699 million and the timeframe as more than a dozen years.

As a result the site will only be excavated to a certain depth and less extensive cleanups ranging in cost from $62.3 million to $105 million will be done. Clean soil will be put in place and the remaining contaminants will be left in place. Devices will be put in place to retrieve substance like coal tar as it is collected. And the entire site will be capped to prevent seepage. The method itself is widespread, but is increasingly controversial in terms of its effectiveness and long-term safety. There are dozens of pages in the RFP released yesterday detailing the environmental horror underground that will have to be addressed. We read them and they are very, very unpleasant.

We will simply relate a paragraph about the problem and its source:

Until 1959, the site was used as a manufactured gas plant, leading to signifi cant site contamination. KeySpan Corporation is the party responsible for environmental remediation and has signed a Voluntary Cleanup Agreement with the New York State Department of Environmental Conservation (DEC). KeySpan has begun designing the remedy and the selected developer (“Developer”) must coordinate the development scenario with the site remedy. Keyspan will perform the remediation of the Carroll Gardens MGP site, including the Public Place Site to the extent practicable. However, the remediation will not remove all contamination from the parcels and the developer will be responsible for providing any necessary site improvements related to the environmental condition post-remediation, including but not limited to, sub-slab depressurization systems, importation of residential quality surface soil, etc.

GL Analysis
If we had faith in the cleanup method that will be used and in the bureaucracy that will regulate it, we would say that developing Public Place for housing is a great idea. We certainly can use every unit of affordable housing that we can get. However, it’s our considered opinion that the DEC is to the environment what the Department of Buildings is to neighborhood quality of life. Which is to say that we wouldn’t count on the Department of Buildings to save us from the illegal construction work next door (unless we had a blog and could put up YouTube Videos to publicly shame them into action) and we wouldn’t entrust our health or that of children to the Department of Environmental Conservation.

Yes, we’re biased. We are not big fans of leaving cleanups of major toxic problems to businesses whose bottom lines depend on doing a job as cheaply and quickly as possible. Nor do we have full faith in the ability of hired consultants to do a job with the diligence of aggressive regulators. Personally, you couldn’t give us free housing in Public Place in perpetuity.

No one will ever accuse New York State of acting precipitously in going after Exxon Mobil for the awful oil spill into Newtown Creek and under Greenpoint. A lawsuit to force a faster cleanup and to impose fines was finally filed yesterday. The spill is one of the worst ever in the United States, an estimated 17-30 million gallons. (The Exxon Valdez only spilled 11 million gallons.) Until the suit was filed, the cleanup had been conducted under agreements with the state that had led to a very slow cleanup of the mess. While much of the spill is bubbling around under industrial parts of Greenpoint, it has impacted residential areas and its exact boundaries aren’t even known. The suit would force a faster cleanup and impose millions of dollars in fines. BP, Chevron, KeySpan and Phelps Dodge (which operated a nearby copper smelter) are also named in the suit. The spill originated with an explosion in the 1950s that ruptured oil storage tanks; the Coast Guard “discovered” it in 1978.

A “Report Card” on New York City Beaches produced by New Yorkers for Parks gave the Coney Island and Brighton Beach beaches one of two “unsatisfactory” grades in the city. The good news–well, not so good, really–is that only one beach in Staten Island was rated “satisfactory.” All the other beaches were rated as “challenged.” There are 14 miles of public beach in New York City. One of the biggest problems at all beaches is trash and litter, much of it the result of sewage discharges that dump hundreds of milions of gallons of untreated sewage and storm drain runoff into city waters every week. Nearly half of all shoreline inspections found “excessive glass and litter.”

The verdict on Coney Island and Brighton Beach:

All sections of the shoreline surveyed were open for use, but unfortunately excessive broken glass was found at 40% of transects. Excessive litter also impacted 40% of surveyed areas. These negative conditions had a significant impact on the shoreline score for this beach. Although pathways scored well, one quarter suffered from wooden boards that were raised or missing, causing potential trip hazards. Maintenance issues including spilled paint and loose nails should be addressed.

Meanwhile, Manhattan Beach did better, being rated as “challenged”:

Although some maintenance repairs were needed, Manhattan Beach’s pathways were free of litter, broken glass, and weeds. This was the highest-scoring feature at the beach. The shoreline at Manhattan Beach also performed relatively well. Beyond the consistent challenge of litter, the beach was in excellent condition, providing open, safe beaches for public use.

The group has also produced suggestions for making the beaches better. The reports can be found in PDF form at the NY4P website.

You may know the site next to the Ikea under construction in Red Hook that’s a former industrial area been partly reclaimed by wetlands vegetation. Harriet Zucker, who saved the Revere Sugar dogs, sent along these photos of an egret there, noting that the area “has become an urban sanctuary.” She wonders if anything can be done to preserve it–and we can only guess that it’s extremely threatened, given that one side of the property is the blue exterior wall of the Ikea. Ms. Zucker also notes that the neighborhood opossum was hit by a car and that a family of raccoons that were living on the grounds of the Revere Sugar Refinery have disappeared.

[Photos courtesy of Harriet Zucker]

• Nets Tickets to Go Up in Price with Brooklyn Move [AYR]
• Study Calls for “Major Administrative Overhaul” at ESDC [Sun]
• Dumbo Triangle Goes Bike Lane Green [Brownstoner]
• Frank Gluska of Ruby’s in Coney Island Speaks [Grub Street]
• Eckerd, Rite Aid–Who Cares? [Lost City]
• Detail on Bad Beach Grade in Report Card [NYT]
• Shelly Silver to New York: Drop Dead [Bay Ridge Blog]
• Thor and Trump Make Campaign Contributions to Markowitz [Kinetic Carnival]
• Wackness Coming to Brooklyn Promenade [Brooklyn Heights Blog]
• Upcoming Greenpoint-Williamsburg Events [newyorkshitty]
• Little Girl Assaulted in Borough Park [NYT]
• Tree Limb Falls at 360 Smith & Nothing Is Done [Found in Brooklyn]
• Bride Goes Bonkers on Third Street, No Groom in Sight [OTBKB]

Controversial Brooklyn architect Robert Scarano recently recieved two awards from the New York Society of American Registered Architects. The late June awards were reported by the Brooklyn Daily Eagle yesterday. He recieved the Housing Award of Merit for the Manhattan Park Condos in Greenpoint (above). The other awards was for a residential tower in the Jackson Avenue corridor in Queens. Mr. Scarano described the last two years as “extremely challenging” in accepting the awards.

Did you know you can request placement of a bike rack in front of a neighborhood business by filling out an online form at the Department of Transportation website? We’re sure that Streets Blog knows, but GL didn’t until a reader left a comment to that effect in our item about the immense popularity of those new bike racks installed in Williamsburg at the Bedford Avenue L Station. (CityRacks is not a new program. It’s been around since 1996 and has installed more than 4,000 bike racks.) In any case, if there’s a spot outside a business in your neighborhood or if you’re a business owner that would like a bike rack outside, you can click here to access the form on the CityRacks page and you can also click over to the CityRacks main page for more information. The rack are installed on city-owned property on concrete sidewalks that are a minimum of 12 feet wide. They have to be out of the flow of pedestrians and at least six feet from other “street furniture” like signs, mailboxes, etc. and have to be 13 feet from fire hydrants and 15 feet from bus shelters. We can’t vouch for what happens when you submit the online form.

A traffic safety mural that grew out of concerns about children being struck by cars on Third and Fourth Avenues will be painted next month on Third Avenue and there’s a community meeting to preview and discuss the design on Thursday night (7/19). The project is a collaboration between Transportation Alternatives and Groundswell, the community mural project. The nonprofit has coordinated the creations of dozens of very cool murals around Brooklyn like the big one you might have noticed on Fourth Avenue at Sackett Street. The project was inspired by the tragic death of James Rice–who was struck and killed by a Hummer at Third Avenue and Baltic Street on his way home from pre-school in February–and many other children that have been injured and killed by cars.

The dozen young people that have been working on the mural design will be previewing it the meeting. The hour-long event will tak place at 5:00PM at the Groundswell Mural Project at 339 Douglass Street, which is between 3rd and 4th Avenue.

The Department of Housing Preservation and Development announced this morning that it is taking RFPs from developers interested in building on the extremely polluted Public Place site in Gowanus. Public Place will be a mixed-use development that will include at least 400 units of mixed-income housing, commercial space, community facilities and open space, including landscaped areas on the shores of the Gowanus. (You can read the release from HPD by clicking here.) The RFP, which we looked at, clocks in at 143 pages and contains a lot of detail both about specifications for the project and about the environmental challenges on the site. You might recall the site was home to a Manufactured Gas Plant. The facility left a wide range of toxins up to 150 deep on the site. A full cleanup has been rejected as too expensive (up to $699 million) and technically difficult. The likely cleanup will partly remove the toxins then cap the site and use other techniques to capture coal tar and other substances. The cost estimates run from $62.3 million to $105 million. The cleanup is supposed to start next summer and take two year. After it’s done, construction can take place. The RFP does not include a big, privately-owned warehouse on the site. More detail from the RFP tomorrow.

BONUS: Brownstoner attended the event protesting architect Robert Scarano at the Department of Buildings and has a full report, plus photo.

Want to get some Park Slope residents upset? Threaten to screw with their Fresh Direct deliveries. Well, actually, have Fresh Direct itself mess with them by, say, raising the amount of the minimum order from $50 to $100. That was what happened yesterday and it was either (a) a weird mistake or (b) Fresh Direct saw the light of the Park Slope Moms with torches massing on Seventh Avenue and beat a hasty retreat. What are we talking about? Well, the first email we saw was sent to us by a reader via the Park Slope Parents Group:

Fresh Direct has raised its minimum order to $100. This is annoying on too many levels to count, but I’ll just throw out a few: usually new businesses get better and easier to use over the years, as Freshie D generally has, with more selection and better packaging. But this makes the service considerably less user-friendly. Our ordering fluctuates a lot: we have weeks when we need just $60 in groceries and weeks when we need $400 worth…Most annoyingly, I cannot find an announcement of this huge policy change on the site– I just bumped up against the problem when I tried to place an $80 order, and found confirmation several clicks into the site’s fine print.

This led another Park Sloper who described herself (jokingly, we think) as having “pitchfork and torch at the ready” to write:

That’s ridiculous (of them, not you). I emailed them and told them that if their policy *has* changed, that I probably won’t be able to use them in the future. I imagine that if everyone else did the same they’d back off. Let’s go stir up a mob on Urban Baby and Babble!

Fortunately, it appeared to be a false alarm, as the original poster emailed later:

Fresh Direct is now saying the minimum order is the original $50. Maybe they upped it this morning and then changed it back? Because a few hours ago, the site’s FAQ said:

*What is the minimum order?
*The minimum order total is $100, not including tax and the delivery fee.

And I got this:
We’re sorry; you cannot check out because your pretax order total of $83.13 is under the FreshDirect $100 minimum order requirement. Continue Shopping.

Crisis averted. Shoppers appear safe for now. If you you check Fresh Direct’s FAQ page, they still say the minimum order is $50. Us, we simply want them to never park under our window running their obscenely loud refrigerated truck engines for 15-30 minutes at a time.

Last week, we reported on the rally/media event against architect Robert Scarano that City Council Member Bill de Blasio was organizing for today. At the time, Mr. de Blasio’s office was considering having it at the Department of Education’s office, as he is asking for the architect to lose his professional certification. Well, a change in tactics has taken place and the rally will now be held in front of the Department of Buildings because Mr. de Blasio is also asking that DOB put a halt to all of the architect’s project while a Department of Education investigation is underway. The most recent trouble started with an adverse reaction to the architect’s work on a building at 360 Smith Street and morphed into an overall denunciation of Mr. Scarano by the City Council Member. One can draw one’s own conclusions about the motivations. We certainly have ours. In any case, the release from Mr. de Blasio’s office says in part:

Councilmember Bill de Blasio will join local elected officials and community activists to demand that the New York City Department of Buildings (DOB) stop work on all Robert Scarano projects while he is under investigation for professional misconduct. Scarano, an architect with a long history of violating zoning codes, building codes, and practicing unsafe construction, is currently under investigation by the State Education Department.

Just recently the DOB approved plans for 360 Smith Street, where Scarano is the architect. Last month, Councilmember de Blasio joined community activists demanding that Scarano’s license be revoked. De Blasio is still calling on the State Department of Education to strip Scarano’s architecture license because of his unscrupulous building practices and repeated violations of the building code. In 2006, the City’s buildings department charged Scarano with violating zoning or building codes on 25 projects in several Brooklyn neighborhoods.

One Carroll Gardens resident wrote us to say there is significant skepticism in the neighborhood:

It is no doubt a great little photo op for Mr. de Blasio, but several CG residents have told me they do not trust him at ALL! Does he or doesn’t he care about our concerns at 360 Smith Street? Is he willing to help us with more than lip service? This remains to be seen…

The rally/media event is scheduled for 11AM at the Department of Buildings, which is at 210 Joralemon Street.

The plan to boot out the Red Hook Container Port and to redevelop the waterfront property for a variety of uses appears dead. The Daily News reports that City Hall has dropped its plan to evict the container port. The operator, American Stevedoring, had put up a significant fight to stay. The News reports:

Red Hook’s waterfront will remain a working port, due to an unexpected about-face by City Hall on its longstanding plans to evict a container port operator, sources said.

The Bloomberg administration’s plans had called for expanding cruise ship operations, but a recent shuffle among top executives at the Economic Development Corp. appears to have prompted the course change, those familiar with the plan said.

“The good guys have won here,” said Robert Varley, chief of staff for Councilman Mike Nelson (D-Sheepshead Bay), who heads the waterfront committee.

Observers familiar with the development plans said the Bloomberg administration had been entirely against continuing container port operations in Brooklyn until last week.

But the $56 million cruise ship terminal in Red Hook has failed to provide the expected number of jobs. One year into operation, the terminal employed only 14 people full-time, the Daily News reported in April. The EDC in 2005 had promised 370.

The job figures–370 promised, but only 14 actual ones–should serve as a cautionary tale to anyone considering those economic impact studies that are produced to support projects and public subsidies. Decades of economic development practice around the nation are full of such contrasts between projections and reality. In any case, the final Red Hook wrinkle is that the city may want to open up bidding for firms to run the port.

We don’t know what the new building that is coming to 268 Wythe (the northwest corner of Metropolitan and Wythe) will look like, but we do know that it will be seven stories tall and that work is underway. The site–which was up for sale for a while–is across the street from the site of the demolished former Old Dutch Mustard Building, which will be known in its new (and, we think, pedestrian) reincarnation at 80 Met. The new building, which is being developed by 91-93 Metropolitan LLC, is off to a good start–there’s already a Stop Work Order on the property issued last week for some shoring that doesn’t conform to filed plans.