Wednesday, December 1, 2021

Report: Advocates lose appeal to halt East River Park demolition; temporary restraining order lifted

Demolition can start up again in East River Park after the Appellate Division yesterday upheld a lower court's decision from August 2020 trying to halt the $1.45-billion East Side Coastal Resiliency Project (ESCR) from moving forward.

On Nov. 2, Justice Judith J. Gische of the Appellate Division granted a Temporary Restraining Order (TRO) on the demolition work in East River Park — Project Area 1 — that started on Nov. 1 below Houston Street at the Brian Watkins Tennis Center. (Read more about East River Action's TRO and Parkland Alienation appeal here.)

According to the Post:
 ... the Appellate Division, First Department upheld a lower court's decision to toss the suit, finding that the City Council — which approved the project in November 2019 — didn't need additional approval from the state.

"We do not discount petitioner's concerns that this project will impose a burden on the surrounding community that houses tens of thousands of residents," Tuesday's decision read.

And...

"The city expects that any burden caused by the project will be rewarded with a rejuvenated East River Park that is well protected from future storm surges, allowing the park to fulfill its role as a recreational area for many years and future generations," the ruling continued.
Arthur Schwartz, one of the lawyers for the petitioners, told the Post that he disagreed with the ruling and  planned to appeal. Said Schwartz: "We think that the Court of Appeals will be interested in reviewing it and we will be going there."

While work can start up again, other legal action is pending with the ESCR. A nonprofit sued the city for allegedly not including enough minority- and women-owned businesses in the construction contract for the ESCR.

A third lawsuit (dating to the spring) was brought against the city by The Tully Group, a large contractor that issued one of the two bids for the ESCR. 

East River Park Action and other advocates say there are alternatives to preserve the park and provide flood protection, such as the one mapped out in the years after Sandy. In late 2018, the city surprised community stakeholders by announcing a complete overhaul of a plan discussed over four years of local meetings.

The current plans call for gutting East River Park — burying the existing 57.5-acre park under fill and elevating it by 8-to-10 feet above sea level while also cutting down 1,000 mature trees.

Work is expected to be complete by the end of 2026. The city has said they will maintain public access to a minimum of 42 percent of the park throughout construction.

22 comments:

  1. REBNY and the construction unions OWN NYC. That includes the NYS Court system as well.

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  2. It's all about the money.

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  3. Any guesses on an over/under for the final cost and date of completion?

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  4. 42% access is such a paltry “fuck you” amount. Good riddance De Blasio.

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  5. NOT 2026. Try 2030 if we are fortunate knowing how the city works at a glacial pace. The Feds will need to cough up additional money for this or us tax payers. Special thanks to DeBlassio for spearheading and supporting an environmental catastrophe that could have been avoided if only people in government applied ration, science and critical thinking skills to the equation like other countries and cities around the globe rather than to bolster their professional ambitions and line their pockets. Neighbors such as us and wildlife will pay the ultimate price in the years to come.

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  6. Omicron, covid surges, climate change effects such as increased heat--perfect timing to close 58% of a large park bordering a highway and NYCHA. And this plan includes NO interim flood control, for those squawking about how we *need* to destroy the park for flood control. Enjoy the next decade (if not longer) of dirt pit/fill/chainlink fences/construction noise trucks pollution everyone!

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  7. I wish we had a Governor who would step in and stop this catastrophe the way Cuomo did with the L-train tunnel debacle. We need an outside source eye on this, not the city real estate-owned hacks that are pushing this through, despite a better plan which protects the neighborhood and saves the park.

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  8. While well connected downtowners get to extend their coastal resiliency into the east village, open up more space, and dismantle the elevated FDR, we are stuck with shoddy landfill.

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  9. And . . our only hope is the new mayor will reverse this.

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  10. This is disappointing news but not surprising. There are too many big money real estate interests along with their government allies who have been involved in getting this terrible project approved. I just feel sorry for all those great trees in the park that they are going to cut down. Very tragic.

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  11. "And . . our only hope is the new mayor will reverse this."

    Not happening. Adams,a landlord himself, who most likely really lives in Ft Lee/NJ, with his partner, is like BdB, owned by REBNY and the construction unions.

    https://www.nytimes.com/2021/11/02/nyregion/where-does-eric-adams-live.html

    https://slate.com/business/2021/06/eric-adams-new-jersey-brooklyn-nyc-mayor.html

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  12. Where does Carlina Rivera stand on this issue?

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  13. @Anon 3:41 - Carlina fully supports destruction of this park and refuses to comment on it. She doesn't care about any of us, only advancing her political career.

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  14. This added an extra 2 years to the project. Waste of time

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  15. What a sad end to a beautiful and beloved stretch of land. Much thanks to those in city government who backed this from the beginning. Hope you are happy now with your political careers skyrocketing higher than before.

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  16. Apologies if there is a paywall, but the NY Times finally published an article about this today:

    https://www.nytimes.com/2021/12/02/us/hurricane-sandy-lower-manhattan-nyc.html

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    Replies
    1. Great article. Project seemed doomed from the start.

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  17. I think this is BS but I don't understand the real estate thing. Don't real estate people want the park to have trees too?

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  18. Trees mean less land for developers to build on, and therefore less profit. That's all they care about.

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  19. Bringing the area up 8-10ft?! I hope they are putting up a strong seawall, and what kind???

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