The BroadsheetDAILY August 2 The News of Lower Manhattan

Borough President and City Council Member Win Court Round Seeking to Slow Planned Development at Two Bridges

City Council member Margaret Chin (left) and Manhattan Borough President Gale Brewer (center) at a June rally called to build support for their lawsuit against the de Blasio administration’s development plans for the Two Bridges community.

Manhattan Borough President Gale Brewer and City Council Margaret Chin were handed a victory on Thursday by the State Supreme Court, when Judge Arthur Engoron ruled in favor of their argument that a cluster of super-tall residential towers proposed for the East River waterfront in Lower Manhattan must be subjected to a full public-review process.

At issue is the approval granted by the City Planning Commission (CPC) of a streamlined review that would have allowed all three of these controversial projects (which include a total of four new towers, reaching as high as 1,000 feet, and housing 2,700 apartments) to avoid the full legal scrutiny of the City’s “uniform land use review procedure” (ULURP), and instead move ahead under a less-rigorous standard of review, limited to an environmental impact statement. This was made possible by the CPC’s determination last December that the addition of four new skyscrapers to the community situated between the Manhattan and Williamsburg Bridges (which would more than triple the number of residences in the area) qualified as a “minor modification” to existing zoning for the neighborhood. If this claim by the CPC (which is controlled by Mayor de Blasio) had been allowed to stand, it would also have preempted the legal authority of the City Council to review, and possibly veto, these projects. Within days of the CPC’s determination, the Borough President and the City Council filed suit against the de Blasio administration.

In their lawsuit, Ms. Brewer and Ms. Chin argued that, “such developments are required to be completed with the consultation and advice of the community, including the New York City Council, the Borough President and the Community Board.” They also charge that, “aside from the clear and incontrovertible statutory requirements mandating the application of ULURP, [the City’s] claim that this application, which includes the addition of more than 2,700 dwelling units in three skyscrapers on a single block, is simply a ‘minor modification’ is nothing short of irrational, arbitrary and capricious and is incorrect as a matter of law.”

The four towers proposed by developers (visible on the right) are described by City Hall as “minor modifications” to nearby (and much smaller) existing structures.

Ms. Brewer said shortly after the suit was filed that, “City Planning’s staff and the Commission have exceeded their legal authority. They used a made-up process and made-up standards to approve these towers without the full land use review and Council approval that’s required. I don’t like suing the Mayor or his agencies, but if that’s what it takes to get the residents of Two Bridges the full review and real negotiation they’re entitled to under the law, then I’m all in.”

Ms. Chin added that, “this lawsuit was made necessary by the actions of the Department of City Planning and this Administration. My colleagues and I could not stand by as an entire neighborhood’s worth of rezoning was categorized as a ‘minor modification.’ The residents of Two Bridges deserve a full public review process and I will not rest until they receive it.”

On Thursday, Judge Engoron agreed, ruling that the, “irreparable harm here is two-fold. First, a community will be drastically altered without having had its proper say. Second, and arguably more important, allowing this project to proceed without the City Council’s imprimatur would distort the City’s carefully crafted system of checks and balances. Under ULURP, the City Council’s mandatory role is not merely to advise, but to grant or deny final approval (with the Mayor). Without ULURP, the City’s legislature is cut out of the picture entirely.”

“Judge Engoron’s ruling is a victory for the Two Bridges community and demonstrates the power of everyday New Yorkers when they come together and fight,” Ms. Chin responded . “For three years, we have rallied and petitioned. As a final step, we sued the City to trigger the public review process that the proposed mega towers in Two Bridges demanded.  Through it all, I was motivated by a single goal — ensuring that the residents of Two Bridges have a say in the future of their neighborhood.”

Ms. Brewer added that, “I’m so gratified that Judge Engoron has ruled in our favor, and that the Two Bridges developments — which will have a ‘huge’ impact on the neighborhood — must undergo the ULURP process.”

Judge Engoron’s finding is the latest in a string of legal victories for opponents of the Two Bridges developments, including a separate ruling in June that gives a storefront leaseholder on one of the sites effective veto power over the tower that is proposed for the space above the retail location.

In February, Ms. Brewer’s and Ms. Chin’s legal action took on a new dimension, when lawyers representing the Borough President and the City Council uncovered decades-old legal covenants meant to ensure that another of the proposed development sites would remain set aside for the elderly, low income residents, and those with disabilities, in perpetuity. The possible abrogation of this deed restriction, “is akin to the City’s disastrous decision to lift a deed on a parcel of land at the former Rivington House in 2015,” according to revised court papers. This was a reference to the controversial move by the de Blasio administration to sell to a private developer (at a fraction of its market value) a building that had been dedicated to the care of people suffering from AIDS. That developer then closed the facility and sold the building (at a profit of tens of millions of dollars) to another real estate operator, who moved ahead with plans for a market-rate, high-rise condominium.

“Like Rivington, which is in the same Council District as Two Bridges, the lifting of the deed would negatively impact a community struggling to remain affordable for all New Yorkers,” the updated lawsuit alleges.

In March, a separate lawsuit was filed by a coalition of community groups, who allege that the planned developments will cause irreparable harm to their neighborhood. The group, which includes the Lower East Side Organized Neighbors, the Chinese Staff and Workers Association, and the Asian American Legal Defense Fund, argues in their court filings that the proposed buildings, “are a catalyst for cumulative environmental damage to the broader Lower East Side and Chinatown neighborhood and beyond.”

CB1 Joins Elected Officials in Calling for Renewed Stabilization at Gateway

Community Board 1has endorsed the call by the Gateway Plaza Tenants’ Association to renew the rent stabilization program at Battery Park City’s largest residential complex. To read more…

Lighthouse Weekend Ambrose Channel Tour

 August 4, 2019

Staten Island Rear Range Light

We’ll explore a total of nine lighthouses on this boat tour: the Battery Weed Light at Fort Wadsworth, the Coney Island, West Bank, Romer Shoals, Sandy Hook and Twin Lighthouse of Navesink at the Atlantic Highlands, the Staten Island Rear Range at Richmond Hill, the New Dorp Light, and the Elm Tree Beacon at Miller Field, also located in New Dorp.

Treat yourself and your guest to a memorable cruise.

Refreshments are available on board. Don’t forget your camera. The views are incredible!

The boat leaves promptly at 11:00 am, rain or shine, from Pier 1, adjacent to the National Lighthouse Museum however tide and currents may delay our return to port. Please plan accordingly.

Tickets are $62 Adults, $42 Children (10 & under), $52 Military and Seniors (62+).

When:

Sunday, August 4, 2019 from 11:00 AM to 2:00 PM

Where:

National Lighthouse Museum 200 The Promenade at Lighthouse Point

Pier 1, Adjacent to the Museum  Staten Island, NY 10301

Two Veteran Committee Chairs Seek CB1’s Number Two Spot

Thinking Outside the Box: Tammy Meltzer and Paul Goldstein playfully engage in some pantomime sparring as they debate their respective visions for the role of Community Board 1’s vice chair.

Community Board 1 (CB1) has a new vice chair. Tammy Meltzer, who currently serves as CB1’s Secretary, as well as the chair of the Battery Park City Committee, was elected at the Board’s monthly meeting on Tuesday evening.

Also vying for the post was Paul Goldstein, who serves as the chairman of CB1’s Waterfront, Parks & Cultural Committee.

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HRPT Plans Beach and Historic Sculpture for Gansevoort Peninsula

	An overview rending of the Hudson River Park Trust’s plan for the Gansevoort Peninsula

The Hudson River Park Trust has unveiled plans to create Manhattan’s first-ever public beach on the Gansevoort Peninsula, a five-acre-plus chersonese that juts out from the West Side waterfront, between Horatio and West 13th Streets.

The beach will be more for viewing the water than public bathing, owing to concerns about hygiene and safety — although a kayak launch is also planned for the site, for parks users who want to come into contact with the Hudson. But the sandy riverfront portion of the park will feature a playground and an area for sunbathing.

BPCA and CB1 to Host Discussion of Ball Fields Resiliency Plans Tonight

	The Battery Park City ball fields

Tonight (Thursday, July 25), the Battery Park City Authority (BPCA) and Community Board 1 (CB1) will co-host a public meeting to review resiliency plans for the ball fields in Battery Park City’s northern section. To read more…

City Council Overrules CB1 on Naming Tribeca Intersection for NYPD Officer Killed in Iraq

	NYPD Officer and U.S. Army Staff Sergeant James McNaughton

The City Council on Tuesday overturned a preliminary determination made by Community Board 1 last October, by deciding to approve a proposal to co-name the Tribeca intersection of West Broadway and Lispenard Street in honor of James D. McNaughton, who, on August 2, 2005, at age 27, became the first New York City Police officer to be killed in action while serving in “Operation Iraqi Freedom.”

In a vigorous debate, CB1 members voiced competing priorities.

Bumptious Bumpkins Make for Bus Bumpy Ride for Locals

Lower Manhattan community leaders are grappling with concerns about crowding, safety, and possible criminal activity surrounding the Connection shuttle bus, operated by the Downtown Alliance, which ferries riders around Lower Manhattan, free of charge.

For several years, apprehension about spurious ticket sellers hawking fake boarding passes to boats that purport to bring tourists to the State of Liberty have overlapped with concerns about the Connection bus.

Stalled Tower at 125 Greenwich Street May Be Headed to Foreclosure

	The 88-story building, where construction work has stalled due to financial setbacks

The troubled residential tower at 125 Greenwich Street may be facing foreclosure by lenders who say the development team has defaulted on the terms of several mortgages.

In May, work stopped on the building when multiple construction contractors filed liens against the developers for some $40 million in unpaid fees. This prompted several creditors — most prominently, the United Overseas Bank — to file notice with New York courts that they are owed $199 million in mortgage payments. The bank’s overall loan to the developers of 125 Greenwich is more than $450 million, and it is only one of half a dozen creditors.

Former Governors Island Overseer Takes Helm at World Trade Center Performance Venue

	Leslie Koch

The Ronald O. Perelman Performing Arts Center, now under construction at the World Trade Center, has a new president — Leslie Koch. Ms. Koch will be most familiar to Lower Manhattan residents as the guiding hand behind the Trust for Governors Island.

Her decade-long tenure there, which saw seasonal visitation rise from 8,000 per season to more than 600,000, ended in 2016.   To read more…

19th-century illustration Halve Maenin the Hudson River in 1609

Many ships pass Lower Manhattan on their way to and from the Midtown Passenger Ship Terminal.  Others may be seen on their way to or from piers in Brooklyn and Bayonne.  Stated times, when appropriate, are for passing the Colgate clock in Jersey City, New Jersey, and are based on sighting histories, published schedules and intuition. They are also subject to tides, fog, winds, freak waves, hurricanes and the whims of upper management.

The Tale of the Ticker Tape,

or How Adversity and Spontaneity

Hatched a New York Tradition

What was Planned as a Grand Affair became a Comedy of Errors

	New York’s first ticker-tape parade erupted spontaneously from bad weather and an over-zealous stockbroker.

While the festivities in New York Harbor didn’t go as scripted that afternoon, the spontaneous gesture it generated from the brokerage houses lining Broadway famously lives on more than a century later.

     On October 28, 1886, Liberty Enlightening the World was to be unveiled to New York City and the world as it stood atop its tall base on Bedloe’s Island. But the morning mist had turned to afternoon fog, blurring the view of the statue from revelers on the Manhattan shore and the long parade of three hundred ships on the Hudson River.

State Lawmakers Bark ‘Belay That’ to Water-Borne Marketing Messages

	The advertising barges operated by Ballyhoo Media

The ubiquitous advertising barges that have become anathema for Lower Manhattan residents over the past year have attracted hostile attention from members of the State Senate and Assembly.

Bills were enacted in the closing days of the legislative session that would ban the 60-foot catamaran — bearing an electronic sign capable of rendering high-definition, full-motion video, similar to the “jumbo-tron” panels that adorn multiple buildings in Times Square — from continuing to conduct its business in New York’s waters.

Federal Report Foresees More Frequent Flooding for Lower Manhattan

	Superstorm Sandy floods West Street

A new report from the

National Oceanic and Atmospheric Administration, the federal scientific agency responsible for study of oceans, major waterways, and the atmosphere, predicts that Lower Manhattan will, in the next 12 months, experience between double and triple the number of flooding days that it did in 2000.