Judge issues new Temporary Restraining Order to stop work in East River Park

Today, Court of Appeals Judge Rowan Wilson has issued a new Temporary Restraining Order (TRO), halting construction underway in East River Park as part of the $1.45 billion East Side Coastal Resiliency project. 

According to East River Park Action, who has been opposed to the city's current plan for the park, the TRO remains in effect at least until the next hearing on Dec. 20. 

Arthur Schwartz, an attorney for the activists, told the Post: "We will be asking for all fences to come down and for the bike path and park south of Houston Street to be reopened [as soon as possible.]" (NY1 has more here.)

This is the second TRO advocates have been granted since the start of the demolition work on Nov. 1. (Last week, the Appellate Division lifted the TRO that had been in place starting on Nov. 2.)

As previously reported, the community lawsuit is challenging the project because it still needs an "alienation" vote by the state Legislature. 

On Monday, workers fenced off East River Park south of Stanton Street. An estimated 13 trees were removed yesterday, witnesses said.

East River Park Action and other activists have said some alternatives could preserve much of the park and protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.

In late 2018, the city surprised community stakeholders by announcing a complete overhaul of a plan discussed over four years of local meetings. As Gothamist reported: "City officials cited fears about maintaining a floodable green space, as well the disruption to motorists on the F.D.R. Drive and potential dangers to Con Ed's power lines under the previous proposal."

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.

Meanwhile, still pending: 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. 

Photo yesterday by Allie Ryan

Tuesday's parting shot

As the city's East Side Coastal Resiliency Project moves forward, workers began cutting down trees in East River Park south of Stanton Street today. 

This small grove of cherry trees was the first to go. 

Photo via @1000people1000trees. (Follow that account and @eastriverparkaction for ongoing updates throughout the day from East River Park.) 

In total, the city plans to cut down 1,000 trees during the five-plus year rebuild of the park.

East River Park closing below Stanton Street as resiliency work moves forward

East River Park below Stanton Street shuts down today as the most significant work to date gets underway here on the $1.45 billion East Side Coastal Resiliency project.

According to the weekly construction bulletin, these park amenities will now be locked up to the public: the amphitheater, southern athletic fields, basketball courts, lawn and water play area, Delancey Street Bridge, Brian Watkins Tennis Center, and the dance circle. 

The bulletin states that the work includes "installation of protective fences and site preparation, including clearing and grubbing." East River Park Action reported that the city will start cutting down the trees in this area south of Stanton as early as tomorrow. Under the city's resiliency plan, they'll need to remove 1,000 trees in total from East River Park. 

Click on the map below for more details ... everything within the pinkish zone is closed as of today...

Also today, the construction will close the East River Greenway that runs along the FDR between Montgomery Street and 10th Street.

Looking at the city's advisory, it's not immediately apparent what cyclists traveling north are supposed to do upon arriving at Montgomery Street. Presumably, cyclists will have to turn on Pike at the Manhattan Bridge and head north along Allen, then to First Avenue across Houston, etc. ... 

Commuters need to use the Corlears Hook Bridge for public access to the ferry. 

Park amenities north of Stanton Street will remain open for public use, with access at East Houston Street, Sixth Street and 10th Street. The city has said they will maintain public access to a minimum of 42 percent of the park throughout construction.

Last week, the Appellate Division lifted the Temporary Restraining Order from Nov. 2 that had been in effect to halt construction.

Work began in Project Area 1 — between Montgomery Street and East 15th Street — on Nov. 1, focusing on the Brian Watkins Tennis Center. 

As previously reported, the former Compost Yard was converted into green space to make up for some of the lost park access during construction/demolition over the next four-plus years. This lawn area is expected to be open for public use by the end of 2021. (The photo below is from Saturday.)   

Work continues in Project Area 2 between East 15 Street and 25th Street, including Asser Levy Playground, Stuyvesant Cove Park and Murphy Brothers Playground.

Construction on the East Side is expected to wrap up by the end of 2026.

Read our previous posts for more background on the ESCR and the opposition and controversy over the city's current plan.

East River Park Action and other activists say they will continue to fight for alternatives to preserve much of the park and provide interim flood control.

Updated 11 a.m.

There are reports of police arresting activists at the scene. The @1000people1000trees account is providing updates from the park.

Updated 5 p.m.

According to Gothamist, there were three arrests today. Activists say they plan to be back at it tomorrow.

PIX11 has coverage here.

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.

Temporary Restraining Order remains in effect at East River Park; first look at new green space

A few updates on what has (and has not) been happening at East River Park with the East Side Coastal Resiliency Project (ESCR)...

• A Temporary Restraining Order (TRO), dating to Nov. 4, remains in effect at Project Area 1 in East River Park ... the TRO brought the construction/demolition to a halt. Work started on Nov. 1 below Houston Street at the Brian Watkins Tennis Center. (Read more about East River Action's TRO here.) 

• A nonprofit sued the city for allegedly not including enough minority- and women-owned businesses in the construction contract for the ESCR. Media coverage includes NY1 ... the Post ... and The Village Sun. 

 • 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. 

IPC Resiliency Partners, a newly formed joint venture, was the winning bidder.

Per NY1:

In a hearing [Nov. 12] before a panel of appellate judges, Jeffrey Cohen, a lawyer for Tully, argued that IPC effectively fudged its bid in order to meet a city requirement that the contractor have grossed at least $1 billion in revenue in the last fiscal year. 

"What we are concerned about almost as importantly as the flooding, almost as important as the ravages of climate change, is the integrity of the bids," Cohen told the judges.

More background here. 

• The DA on Friday declined to prosecute East Village residents Alice O'Malley and Allie Ryan, who were arrested on Nov. 1 for blocking the construction entrance to the tennis courts when preliminary construction got underway.

Per East River Park Action in an email: "They were in and out of court in 10 minutes when their desk appearance tickets were dropped."

• And here's a look at the former Compost Yard ... the city started removing this in mid-October when we took this photo (first reported here) ... 

Despite the TRO, work was allowed to continue here ... as the staging ground of the Lower East Side Ecology Center's composting operation was converted into green space to make up for some of the lost park access during construction/demolition over the next four years... here's a look at the area on Saturday...

And for some background... 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.

Opponents of this version of the reconstruction project stress that there's a better path forward to protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.

Judge issues temporary restraining order, halting construction for now at East River Park

Photos Monday by Daniel Efram 

A judge has issued a Temporary Restraining Order (TRO) to East River Park Action, halting the demolition of East River Park as part of the $1.45-billion East Side Coastal Resiliency (ESCR) project.

Here's more via an email from East River Park Action last night:

Appellate court judge Judith Gische heard arguments from Arthur Schwartz and Kathryn Freed, attorneys for East River Park Action, who requested the TRO.

The City's lawyer argued that the city was only doing preparatory work, and would not impose "irreparable harm" … until Thanksgiving.

The judge decided that because park users were already excluded from the tennis courts, she would grant the TRO and cause all work to cease pending further expedited hearings on our Parkland Alienation appeal.

The City has until [noon today] to file a reply, and our attorneys have until Monday at 10 to reply to the reply. The hearing should be in the afternoon. Stay tuned!

One notable thing was that the judge did, at one point, refer to the "formidable appeal." Kudos to our pro bono attorney wizards.

Right now in East River Park work has stopped because the community has fought back pic.twitter.com/rgdScRMGNQ

— Our Park (@ERPAction) November 5, 2021

East River Park Action and opponents of this version of the reconstruction project continue to speak out, stressing there's a better path forward to protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.

"Phased work operations" began on Monday below Houston Street at the Brian Watkins Tennis Center. According to the construction notice, four tennis courts on the north side and the tennis center will remain open through the end of the 2021 permit season on Nov. 21. All tennis courts and the tennis center including restrooms will be closed until 2024 — subject to change, per the city.  

Two activists were arrested on Monday at the site for not heeding freshly posted "no trespassing" signs at the tennis courts.

Opponents of this plan were at the site all week, drawing a huge police presence on Monday...

CBS 2 and The Village Sun also have coverage.

A march to save East River Park today

Opponents of the city's current plan to demolish East River Park are gathering today at noon in Tompkins Square Park ... where they will march to the East River Amphitheater. 

Via an email from the organizers @1000people1000trees:

Starting the week of Nov. 1, phased work operations are scheduled to begin at East River Park. The City plans to clear-cut 1,000 mature trees, destroy this 50 acre biodiverse park, and remove Lower Manhattan's only large public green space right in plain sight. 

We protest big media’s refusal to state the actual facts. ESCR, (East Side Coastal Resiliency Plan) is dangerous. It's not a flood plan. It's a land grab. By tearing down our only park and its 80-year-old trees that mitigate the effects of climate change Lower Manhattan will be LESS SAFE and have LESS RESILIENCY in the future than we do now.

As previously reported, starting tomorrow below Houston Street, all but four tennis courts will close, with the remainder to shutter on Nov. 21 along with most of the southern end of East River Park. 

According to the latest timeline from the city, leagues will be able to use the ballfields through Nov. 30. Permits for the BBQ areas and amphitheater will no longer be available after Nov. 30.

Our previous post (link here) has more details and background.

Also today, The Guardian takes a deep dive into the city's plan for East River Park in a story titled "The battle over a vast New York park: is this climate resilience or capitalism?"

Southern section of East River Park to mostly close on Nov. 21 as resiliency work begins

Work on the $1.45-billion East Side Coastal Resiliency (ESCR) project will close the southern section of East River Park — below the Houston Street entrance — starting on Nov. 21 ...  with construction completion not set for by the end of 2026 "given project pause during COVID and procurement delays."

The city released the first set of dates for ESCR construction and a revised phasing plan for this Project Area 1 last Wednesday during Community Board 3's Parks, Recreation, Waterfront, & Resiliency Committee.

As we first reported here, the Compost Yard has been relocated, and that area will be turned into "a passive lawn" during the interim.

On Nov. 1, all but four tennis courts will close, with the remainder to shutter on Nov. 21 along with most of the southern end of East River Park.

According to the latest timeline from the city, leagues will be able to use the ballfields through Nov. 30. Permits for the BBQ areas and amphitheater will no longer be available after Nov. 30. Click on the image below for more detail on all this...

Also, on Nov. 21, the entire "shared-use path" — the Greenway that runs between East River Park and the FDR — will close until the end of 2026. Looking at the city's presentation, it's not immediately apparent what route cyclists and pedestrians need to take in the interim. (The presentation only shows a bike detour for the area starting at Stuyvesant Cove on 20th Street.) 

Meanwhile, the rest of East River Park — the area north of Reach F on the city's snapshots — will be open for at least another year. There appears to be a small closure at the north end above 10th Street sometime before next summer. (The city has said that they will maintain public access to a minimum of 42 percent of the park throughout construction.)

There aren't any other specific dates at this time attached to gutting the 57.5-acre East River Park — burying the existing park under fill and elevating it by 8-to-10 feet above sea level. You can find the updated 22-page presentation from last week at this link.

Opponents of this version of the reconstruction project continue to speak out, stressing there's a better path forward to protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.

As Archpaper noted in an article on the project this past summer:

Though the city has committed to planting approximately 2,000 new trees, consisting of 50 different tree species that will be more resilient to salt spray and extreme weather, it will take decades for the new saplings on the reconstructed park to achieve a full canopy.

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.

Efforts to spur Council Speaker Corey Johnson to hold an oversight hearing on this phase of the East Side Coastal Resiliency project have yet to materialize. However, he's aware of what's happening here now.

Meanwhile, work continues in Project Area 2 between East 15 Street and 25th Street, including Asser Levy Playground, Stuyvesant Cove Park and Murphy Brothers Playground.

The Compost Yard in East River Park is on the move

In recent days workers have started to remove the contents from the Compost Yard in East River Park to make way for the East Side Coastal Resiliency project. (EVG photo from yesterday.)

The Lower East Side Ecology Center had been facing an uncertain future in trying to secure a suitable alternative for its 30-year-old composting program. In June, the city announced that the Compost Yard could return to its current location after the demolition/rebuild of East River Park over the next 3-5 years. 

Here's an update via the LES Ecology Center website on what is happening...

Our priority is to continue operating the existing drop-off sites during this transitional period. With the loss of the Compost Yard, we have begun hauling food scraps from our drop-off sites to the Staten Island Compost Site. This shift in our operations also means we’re using a new green bin at our drop-off sites. 

We are working with the City to build out a temporary compost site so that we can compost the food scraps we are collecting again in spring of 2022. 

Our compost yard volunteer workdays, compost donation appointments, and compost site tours are suspended until further notice. Our 24/7 Compost Yard drop-off will be moving. More details soon! 

You might be curious what is happening with all the compost currently at the Compost Yard. The freshest, active compost piles are being moved to the Staten Island Compost Site where they will finish their composting process. The finished compost will also be moved, we hope to donate as much of this material to neighborhood Parks as possible.

Meanwhile, the LES Ecology Center will be working from Seward Park over the next few years. 

Workers are expected to start razing the 57.5-acre East River Park in the weeks ahead, cutting down the 1,000 mature trees and eventually rebuilding the park atop eight feet of landfill.

East River Park Action and other advocates say there are better ways 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.

During a weeklong series of protests outside City Hall last week, the advocates (finally) got the attention of Council Speaker Corey Johnson to ask for him to hold an oversight hearing on the East Side Coastal Resiliency project. PIX11 and The Village Sun covered the advocates' impromptu meeting with Johnson.

You can also watch a video of the exchange right here... it's not clear what, if anything, might transpire from the conversation... 

 

To get Corey Johnson's attention, East River Park activists chain themselves to tree at City Hall

Yesterday morning, two local activists, identified as JK Canepa and Jmac, chained themselves to a tree outside City Hall to demand Council Speaker Corey Johnson allow an oversight hearing for East River Park.

Other activists from East River Park Action were also on hand during the day.   

To date, Johnson has refused to hold an emergency hearing on the pending demolition of the park. He has also not provided any comments as to why. 

Per Curbed yesterday afternoon:

Johnson has not yet got in touch with the group, though a representative from the mayor's office has and is mediating between his office and the demonstrators. That's not going to get anyone unlocked though. "We don't want a meeting," Canepa said. "We want an oversight hearing, and we want to hear it from Corey himself."

This fall, workers are expected to start razing the 57.5-acre park and cutting down the 1,000 mature trees, and eventually rebuilding the park atop eight feet of landfill as part of the East Side Coastal Resiliency Project. 

East River Park Action other advocates say there are better ways 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.

In October 2019, the city announced that they would phase in the construction, so only portions of the park are closed to the public at any given time. 

Photo via @eastriverparkaction

East Side Coastal Resiliency work closes part of Stuyvesant Cove Park until 2023

Stuyvesant Cove Park north of 20th Street is now closed as floodwall work related to the East Side Coastal Resiliency (ESCR) project continues along this corridor. 

This three-block section is expected to be closed until some time in 2023 (subject to change), per the flyers...

This part of this ESCR construction started at the end of 2020. This is considered Project Area 2, which encompasses work between 15th Street and 25th Street, including Asser Levy Playground, Stuyvesant Cove Park, Murphy Brothers Playground, as well as local streets around the Con Edison facility. (You can find more updates about work in this section at this link.)

As Curbed previously reported: "Stuyvesant Cove will be dismantled and replaced with an elevated berm near the FDR Drive, with a sea wall built along its bike path on the waterfront. Solar One plans to move into a newly constructed building within a much different landscape."

The work on Stuyvesant Cove Park will happen in two phases... We're apparently in Phase 2... 
 

So this is Project Area 2. The part of the ESCR getting more attention here is Project Area 1 between Montgomery Street and 15th Street, including East River Park. That work is expected to begin this fall. Trees that the city will cut down have apparently already been identified. (Updated noon: Word is circulating that workers have started removing several trees.)

 

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Looking for 1,000 people to stand with the 1,000 trees to be cut down in East River Park

On Saturday morning, opponents of the city's current plan to bulldoze East River Park as part of the East Side Coastal Resiliency Project are hosting an action in the amphitheater to help raise awareness of what they say is a flawed plan to protect the area from future flooding. 

Here's more about the event, which starts Saturday at 11 a.m. via East River Park Action, one of the organizers:

We are calling for New Yorkers to show up on September 11th with our bodies to oppose the city’s destruction of East River Park — a preventable health hazard and an ecological disaster and to demand flood protection that does not strip this environmental justice neighborhood of its greenspace. 

We need a truly resilient plan that addresses root causes of climate change instead of prioritizing traffic flow on the FDR. Heat is our city's number one weather-related killer. Trees reduce heat. 

After September 11, 2001, the shabby, fenced-off amphitheater in East River Park was rebuilt by the city. Companies all over America contributed materials to repair it. The new amphitheater was dedicated to the children whose parents died when the twin towers collapsed. 

Now in total disregard of history, the will of the neighborhood and the more than 100,000 New Yorkers from all boroughs who use the park, the city is planning to demolish East River Park and clear cut 1,000 trees for the East Side Coastal Resiliency plan.

Meanwhile, as previously reported, Comptroller Scott Stringer's office reviewed the $1.2 billion contract from IPC Resiliency Partners. 

Stringer subsequently sent the contract back to the Department of Design and Construction (DDC) for more information, including "how the project's lead contractors plan to meet the legal standard that minority/women-owned business enterprises receive 30 percent of the work," as The Indypendent reported. 

However, Mayor de Blasio reportedly "overruled" Stringer's office and asked that he register the low bidder's contract for the massive floodproofing project. 

Through a Freedom of Information Law (FOIL) request, East River Park Action obtained a copy of Stringer's report. (You can find a PDF of it here.)

According to Jack L. Lester, an attorney for East River Park Action: "The Comptroller's report highlights the deficiencies and inadequacies of the qualifications presented by this private company slated to receive a huge amount of taxpayer money. We want the new Mayor and City Council to investigate and follow up with the questions raised by this disclosure."

To date, Council Speaker Corey Johnson has refused to hold an emergency hearing on the matter and has not provided any comments as to why. 

This fall, workers are expected to start razing the 57.5-acre plot of land, cutting down the 1,000 mature trees and eventually rebuilding the park atop eight feet of landfill.

East River Park Action and other advocates say there are better ways 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.

In October 2019, the city announced that they would phase in the construction, so only portions of the park are closed to the public at any given time. 

According to various reports, the city has committed to leaving a minimum of 42 percent of East River Park open for use. It is projected to be completed in 2025, a timetable opponents say will never be met.

Tonight at 6:30, city officials will provide CB3's Parks, Recreation, Waterfront, & Resiliency Committee with an update on the East Side Coastal Resiliency Project. Find the Zoom link here. 

Updated: For reference, find the report from independent consultant Hans Gehrels of the Dutch environmental group Deltares at this link.

Advocacy group: Mayor 'overrules' comptroller on East River Park reconstruction contract

Mayor de Blasio apparently doesn't want any further delays with the East Side Coastal Resiliency Plan (ESCR) for East River Park. 

According to East River Park Action in an Instagram post from Friday, the Mayor "overruled" Comptroller Scott Stringer's office and asked that he register the low bidder's contract for the massive floodproofing project. 

Last month, the $1.2 billion contract from IPC Resiliency Partners was waiting for approval at Stringer's office. Stringer subsequently sent the contract back to the Department of Design and Construction (DDC) for more information, including "how the project's lead contractors plan to meet the legal standard that minority/women-owned business enterprises receive 30 percent of the work," as The Indypendent reported. 

Per a Stringer spokesperson: "Since we were unable to resolve all of our questions within the 30-day review period, our office has returned the contract to DDC to allow them additional time to address the outstanding issues." 

Stringer apparently did not indicate that he opposed the reconstruction plan. 

Now the Mayor is "pushing through the City's contract with the unqualified company," per East River Park Action. 

Every day this week at noon, the activist group will protest the plan outside the gates of City Hall...

 

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Eileen Myles, the East Village-based poet and novelist who has spoken out against the plan, called out mainstream media outlets for not covering this story.

From a weekend Instagram post that was widely shared on the platform, including by Kim Gordon...

 

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A post shared by Eileen Myles (@eileen.myles)

Opponents of the city's current plan — where workers will raze the 57.5-acre plot of land, bulldozing 1,000 mature trees and rebuilding the park atop eight feet of landfill — say there are better ways 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.

In October 2019, the city announced that they would phase in the construction, so only portions of the park are closed to the public at any given time. 

According to various reports, the city has committed to leaving a minimum of 42 percent of East River Park open to the public. It is projected to be completed in 2025, a timetable opponents say will never be met.