Tuesday, October 24, 2017

Gov. Cuomo Puts Brakes On Controversial Parkland Development

"We are concerned that a park's zoning properties could facilitate alienation to private real estate developers. Classification as a park or parkland should not provide zoning bonuses to private industry."   -  Governor Andrew Cuomo



























Rendering of the massive 1,175,000 square foot development including a more than 700 foot high luxury building, three non-Harlem Zone 4 schools, and retail space on 96th Street and 2nd Avenue, a project the community refers to as The WALL.  The city is attempting to seize a popular playground to build the $ 1 billion dollar development project.   


Manhattan

By Geoffrey Croft

Not so fast.  

Governor Andrew Cuomo has put the brakes on a controversial de Blasio’s administration plan to seize a popular playground to build a $ 1 billion dollar development project.   

In approving the State Parkland Alienation bill late Monday evening the Governor raised serious questions regarding the park's legal status and as a result the city's ability to develop the playground.



Marx Brother's Playground including artificial turf field - 2nd Avenue between 96th and 97th Street.  The massive 1.1 million square foot project would encompass an entire city block.   When re-built under the proposal the new playground would be in the shade for most of the day.   (Photo: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge





The Governor is requiring on the State's Office of Parks and Recreation to review the parks records and uses before the City can proceed with the project.  

Critics have argued that creating zoning for parks would set a terrible precedent and open the floodgates for future parkland development city-wide.

The Governor shares these concerns.

"We are concerned that a park's zoning properties could facilitate alienation to private real estate developers. Classification as a park or parkland should not provide zoning bonuses to private industry,"  Governor Cuomo wrote. (See below)

"Confirming the  status and nature of the land has significant legal implications for New York City and residents who want assurances that they will have access to outdoor recreation."   


The De Blasio’s administration is now claiming that the park had been improperly designated as parkland,  even though the State alienated it twice, including just a few months ago for this project.

In June the State voted to alienated the park over the objections of area residents and civic organizations.

The Educational Construction Fund (ECF) came up with a scheme that would dramatically increase the size currently allowed under existing zoning, re-zone the park. In August the City Council approved it.

Critics contend that the alienation of a public park in order to generate development rights is a circumvention of the Zoning Resolution’s regulations that specifically preclude public parks from having development rights. 

The park's re-zoning is expected to be the subject of future litigation.

The city is planning to build a more than 700 foot high, 1,175,000 square feet  luxury building,   three non-Harlem Zone 4 schools, and retail space on the corner of 96th Street and 2nd Avenue, a project the community refers to as The WALL.  

The project would built 1100 apartments including  315 affordable housing units under the Mandatory Inclusionary Housing law,  and 25,000 square feet of commercial space.



Proposed Mark Brother's Playground use. Rendering of new Co-Op Tech School and retail space as seen from 97th Street and Second Avenue. The rendering depicts just a few floors of the more than 700 foot residential tower in the background. This irresponsible development would be built on Marx Brothers Playground which the public has been shut out of the since 2007. The community is demanding that the playground be restored to its original location at 96th Street & 2nd Avenue. 


City Council Speaker Melissa Mark-Viverito has championed the controversial project. 

According to ECF the Speaker dramatically changed the scope of the project in 2013. The change would allow the Julia de Burgos Cultural Center, a long time project of the Speaker's to greatly expand.   

The center, located on Lexington Avenue and 105th Street, currently shares space with the Heritage School, one of the two new schools the Speaker is hoping to move to 96th Street.


The Julia de Burgos Cultural Center is managed by The Hispanic Federation, who's first director, Luis A. Miranda is Mark-Viverito's chief political consultant as well as a de Blasio consultant.


Critics say this would set a very bad precedent, one that could open the floodgates and, at a minimum allow the development of not only every single one of the approximately 250 Parks Department Jointly Operated Parks properties it shares with the DOE throughout the city,  but ALL parks could be subjected to development if this proposed legislation is passed.  

Yesterday a coalition of civic organizations, and East Harlem and upper east side residents came together to call on the Governor to stop the City from inappropriately alienating parkland and to grant air rights to a private developer. 

The coalition included Trust For Public land, NYC Park Advocates, Carnegie Hill Neighbors, Municipal Art Society, New Yorkers for Parks, the Historic Districts Council, Friends of the Upper Eastside Historic Districts, the New York Landmarks Conservancy, 96th St. Neighbors, Landmarks West, Human Scale NYC.


According to ECF the legislation would allow the Julia de Burgos Cultural Center, a long time project of the Speaker's to greatly expand.  The center, (above) located on Lexington Avenue and 105th Street, currently shares space with the Heritage School, one of two schools the Speaker is hoping to move to 96th Street. 


Marx Brothers Playground site - 96th Street and Second Avenue.   The MTA is legally required to restore the playground after "temporarily" occupying 0.5 acres of the 1.5  acre park since 2007 as a staging area during Second Avenue Subway construction.  The MTA also paid $11 million to the Parks Department as mitigation for allowing its use. The Metropolitan Transportation Authority recently moved out of the playground (below).  (Photos: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge







Read More:

Cuomo calls for investigation on de Blasio’s playground plan
New York Post - October 24, 2017 - By Rich Calder and Kirstan Conley


WPIX - October 25, 2017 


New York Daily News - October 25, 2017 - By Glenn Blain

NY 1 - August 1, 2017 - By Michael Scotto


CityLand - July 5, 2017 - By Jonathon Sizemore

State Votes To Give Marx Brother's Playground To Private Developer For Massive Complex
A Walk In The Park - June 25, 2017 - By Geoffrey Croft 

City Seizing Parkland On UES To Build Massive Tower Complex - Residents Furious
A Walk In The Park - June 21, 2017 - By Geoffrey Croft