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

Playground brawl: Gov halts Mayor over NYC park named for comedy legends

WPIX - October 25, 2017 

Questions over jurisdiction pause plan to relocate NYC playground

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

Residents fight plan for 63-story building on East 96th Street 

NY 1 - August 1, 2017 - By Michael Scotto

City Planning Holds Hearing on Skyscraper East Harlem Development

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 

City Kills Beloved Deer, Tries To Blame State

"Lefty" the deer that wondered into Jackie Robinson Park and delighted Harlem residents was killed by the city. The city then tried to blame Governor Cuomo who had directed the State DEC to offer assistance and transport the animal to a new habitat which the city said came too late. Animal rights advocates have long decried the States' blanket regulations that prohibit wildlife from being relocated which results in an automatic death sentence for the animal.   Several weeks ago the Governor had a change of heart and signed a bill that protects one species, the Muted Swann after vetoing State Senator Tony Avella's legislation twice.  (Photo: Andrew Savulich/NewYork Daily News)

Manhattan

By Geoffrey Croft

The beloved white-tailed deer that wondered into a Harlem park two weeks ago died yesterday in city custody after being tranquilized.

The deer had become a welcome visitor in Jackie Robinson Park for area residents.  They city however had announced its intention to kill the deer.

On Thursday the deer jumped a fence and migrated into the near by Polo Grounds NYCHA projects where police captured and tranquilized it.  The deer was moved to Animal Care Centers of NYC shelter on East 110th Street.

Governor Andrew M. Cuomo office stepped in on Thursday and said the State DEC was willing to prevent it being killed and offered to have the deer transported out of the city.

“Over the last day the New York State Department of Environmental Conservation advised the City of New York that there are alternatives to euthanasia that they can consider including relocation, “  a spokesman for the Governor said in a statement.

“The City has now captured the deer and Governor Cuomo has directed DEC to offer assistance to the City to transport and find a new habitat for it immediately.”

On Friday morning an ignorant Mayor Bill de Blasio gave his assessment on the prospects of the deers’ life.  

“If a deer is already in a natural location and you can leave them there, then they have a chance of survival, but if not, you don’t really have another option,” The Mayor said on the Brian Lehrer radio show.

“It’s a question of is it going to be a quick and merciful death versus potentially a very long painful process.”

Yesterday morning just before 8:30am the Governor took to Twitter.

"We want to do everything we can to save the Harlem deer. We have told the city that the feds or we can transport it upstate today.”

When workers from the state Department of Environmental Conservation and the federal Department of Agriculture arrived at the Animal Care and Control Shelter the deer was dead.

Just before 2 p.m. Parks’ spokesman Sam Biederman announced that the deer had died and blamed the state. 

“Unfortunately because of the time we had to wait for D.E.C. to come and transport the deer, the deer has perished,”  Biederman told reporters, adding that the city had wanted to euthanize the deer all along. 

"This was an animal that was under a great deal of stress for the past 24 hours and had been tranquilized for much of that.”

The State Environmental Conservation Department did not agree with the Parks Department's press office assessment. 

“We offered yesterday to take possession of the deer and transport it to a suitable habitat,” the Environmental Conservation Department said in a statement. 

“The city did not accept our offer until just before noon today, and while we were arriving on scene the deer died in the city’s possession."

The city got what it wanted all along and killed the deer.



The issue has garnered a significant amount of publicity with the media playing up the supposed feud between Governor Cuomo and Mayor de Blasio angle which played out on the front pages of two newspapers.

Read More:

Harlem Deer Caught in City-State Tussle Has Died

New York Times -  December 16, 2016 - By Andy Newman

One-antlered Harlem deer dies immediately after City Hall opts against killing it
New York Daily News - December 17, 2016 - By Lisa L. Colangelo, Jennifer Fermino, Larry McShane 

Thousands Honor Orlando Shooting Victims At West Village Vigil

A large crowd assembled in Christopher Park across from the famed Stonewall Inn, the site of the famous “Stonewall Riots” in 1969. The names of the shooting victims were written in chalk surrounding GAY LIBERATION, the sculpture that honors the gay rights movement and commemorates the events at the Stonewall Inn opposite the park.  The sculpture by George Segal was unveiled in 1992 and depicts two standing males and two seated females.  It is a popular pilgrimage site for people honoring the LGBT struggle. 

Our public parks often play an important role as a gathering place in times of enormous tragedy.     (Photos: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge

Manhattan

By Geoffrey Croft

Thousands of people gathered this evening in the West Village to pay their respects to the victims of the deadliest mass shooting in U.S history.  

They came to honor the forty-nine innocent people who were massacred, and fifty-three wounded during Sunday’s shooting spree at The Pulse, a club frequented by gay people in Orlando Florida.

People of all faiths, ages and sexual orientation came together on Monday night in the streets as one. 

Thousands of people turned out this evening for a vigil held in the West Village to pay respects to the victims of the Orlando Fl. killings, the deadliest mass shooting in U.S history.  

Attendees brought flowers, others held signs, some held each other, others cried.   

The crowd chanted, “New York Loves Orlando,”  and, “What do we want, gun control, when do we want it, now”,   along with popular LGBT slogans,   “We’re here, we’re queer get used to it.“

“It’s fitting tribute," John Cadue, 64, said while looking out at the large crowd and holding a sign outside the Stonewall Inn that read, Love Heals.  “United we stand,” said Cadue who moved to New York forty years ago.  “Love concurs everything. In the end love is all that matters.” he said.

As is often the case our public parks play an important role as a gathering place in times of enormous grief.

The crowd assembled in Christopher Park across from the famed Stonewall Inn, the site of the famous 1969 “Stonewall Riots.” 

The names of victims were written in chalk surrounding GAY LIBERATION, the George Segal (1924–2000) sculpture which honors the gay rights movement and commemorates the events at the Stonewall Inn opposite park.  The sculpture - unveiled in 1992 - depicts two standing males and two seated females is a popular pilgrimage site for people honoring the LGBT struggle. 

GAY LIBERATION, a sculpture by artist George Segal honors the gay rights movement and commemorates the events at the Stonewall Inn opposite the park.  

A steady flow of mourners placed flowers in front of the famed Stonewall Inn on Christopher Street which became an international symbol of the gay rights movement in the summer of 1969.  

After putting up for decades what the gay community thought were discriminatory and often violent policing, on June 28, 1969, patrons fought back against police after the bar was raided. The riots lasted three days, thirteen people were arrested.   

Decades later Stonewall became the first gay/lesbian site to be listed on the National Register of Historic Places. 

Mayor Bill De Blasio laying flowers on the sidewalk in front of the Stonewall Inn with wife Chirlane McCray, and Kurt Kelly, an owner of the Stonewall.  The bar on Christopher St. became an international symbol of the gay rights movement in the summer of 1969.

Elected officials including Governor Cuomo, Mayor de Blasio, Council Speaker Melissa Mark Viverito and Public Advocate Letitia James placed flowers on the sidewalk in front of Stonewall.

Governor Andrew Cuomo addresses the crowd at Waverly and Stonewall Pl. where elected officials urged New Yorkers to push for sensible gun control.   “How many people have to die before this federal government comes to its senses?” the Governor said to loud applause.  "Until we have a national policy non of us is safe.“ 

Governor Andrew Cuomo gave a stirring speech. The orange placard on the podium read, WE ARE ORLANDO.

“The frustration at a society that would allow a madman to buy an assault weapon has gone on for too long,”  Governor Cuomo said.

“We went through it at Sandy Hook. How many people have to die before this federal government comes to its senses? We had Columbine, we had Virginia Tech, We had Sandy Hook, We had San Bernardino. We had Aurora Colorado. When does it stop? We passed gun control in this state. We outlawed assault weapons in this state.  We know it can be done,” the Governor said to loud applause.

Mayor Bill de Blasio acknowledged Enrique Rios of Brooklyn who was visiting friends in Orlando for the weekend when he was killed.

 “We lost Enrique and 49 others. And it was more than an attack on 49 Americans. It was an attack on American values, and it was an attack on New York values. We believe in inclusion. We believe in a society filled with unity and the embrace of all people,” de Blasio said. “We do not accept anyone who would sow division or hatred.”

The Mayor also called out a presidential candidate.

"We do not accept the notion of any of our leaders sowing hatred and division, particularly in the wake of tragedy, and that means you, Donald Trump," de Blasio said to cheers.

Police Commissioner Bill Bratton also addressed the crowd.

Attendees held candles at the end of the vigil while the names of the victims were called out. 

Each name was met with the Spanish cry of "Presente!" from the crowd.

The entrance to Christopher Park on Seventh Avenue and West 4th Street.  

A large crowd gathers on W. 4th Street. 

The crowd listens to speakers under the watchfull eye of the police. 

A somber Mayor De Blasio, his wife Chirlane McCray, and Kurt Kelly, after paying their respects in front of the Stonewall Inn. 



Governor Andrew Cuomo waves to the crowd before laying flowers with his girlfriend Sandra Lee in front of the Stonewall Inn.

Looking across the eastern end of Christopher Park towards the Stonewall Inn.

(Photos: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge

Electeds Say Deal To Transfer Unused Development Rights To Pay For Pier 40 Repairs Is News To Them

Pier 40, part of Hudson River Park,  is deteriorating and the government has refused to pay for the repairs which has created a mess.  (Photos:  Richard Perry/The New York Times

Manhattan

By Geoffrey Croft

Assemblymember Deborah Glick sent out a press release this afternoon titled, SETTING THE RECORD STRAIGHT ON PIER 40 AND THE HUDSON RIVER PARK after the NY Times revealed that the Cuomo administration and park officials struck a tentative agreement with a developer to transfer unused development rights from Pier 40 to the St. John’s Terminal Building across the West Side Highway in return for more than $100 million that would be used to rehabilitate the deteriorating pier.    

The press release stated that the local elected officials were united in opposing a General Project Plan (GPP) that would silence the community's voice.  Six officials -  Congressman Jerry Nadler, Assemblymember Deborah Glick, State Senator Brad Hoylman, State Senator Daniel Squadron, Manhattan Borough President Gale Brewer, and Councilmember Corey Johnson wrote to both Governor Cuomo and Mayor de Blasio on May 1st, spelling out their strong opposition.

"A GPP would completely usurp local zoning and local input from the community and is in no way condoned by the Hudson River Park Act," the release states. 

"It is the same land use procedure that brought the Barclays Center to the Atlantic Yards, despite widespread disapproval from that community." 

The release also included a letter (below) elected officials sent more than two weeks ago outlining their unified opposition to any such plan. 

"There was no response from the Cuomo Administration to this letter. Apparently, they felt a NY Times article would suffice in alerting the community and their elected representatives to what they should expect.  Active engagement by the local community may not be preferable to the developer, but it is an important process, by which all voices are heard, and is the hallmark of democracy." 

A deal to develop the St. John’s Terminal Building, left, could fund the repairs at Pier 40. 

May 1, 2014 Governor Andrew Cuomo NYS State Capitol Building Albany, NY 12224 Mayor Bill de Blasio City Hall New York, NY 10007 Dear Mayor de Blasio and Governor Cuomo, As elected officials who represent Manhattan's West Village neighborhood, we are becoming increasingly concerned about the possibility that the State and the City are working towards the adoption of a General Project Plan (GPP) to transfer air rights from Pier 40 in the Hudson River Park to the St. John's Building at 550 Washington Street. Such an action would enable air rights from the park/commercial pier to be transferred to a property across the West Side Highway without going through New York City's Uniform Land Use Review Procedure (ULURP). This would demonstrate a blatant disregard for our community, and deny the local community board and local elected officials a real voice on what will no doubt be a controversial proposal.  The idea of a GPP has been a non-starter from the moment it was first introduced to local elected officials as a possibility in the fall of 2013. We are all strong advocates of increased funding for Hudson River Park. However, the state legislation that was enacted in 2013 and codifies the Hudson River Park Trust's ability to generate revenue through the transfer of air rights was predicated on the premise that local zoning laws would dictate the process. This was to ensure that resources would be made available to the Park but not at the expense of local input. A GPP would be in direct violation of this principle and would rightfully enrage the community, which would be effectively left powerless through this process. Any lip service paid to the needs of the community would only be that, as the local officials who have a formal role in the ULURP process, the City Council Member and Borough President, will have no binding authority when it comes to negotiating any agreement, or voting on whether to approve the proposal. Furthermore, if a GPP is being considered, it is difficult to understand why. This action would obviously create enormous benefit for the developers of the transfer site, and would provide the Park with a quick infusion of capital, but it is highly unlikely that the value of the air rights would decrease during the time needed for a transfer mechanism to be established and a proper ULURP process to take place. In fact, there is a great chance that time will only increase the value of these air rights leading to even more money for the Hudson River Park. Active engagement by the local community may not be preferable to the developer, but it is that sometimes messy process, in which all voices are heard, that is the hallmark of democracy. And most importantly, it ensures that government takes actions that accurately reflect the wants and needs of its citizens. If a GPP moves forward, we will actively oppose it.  The public process must unfold in the way that it is designed to, and failure to do so is extremely bad precedent.  Thank you for your attention to this matter and we look forward to discussing this issue further.

Read More:

Possible Deal May Bring Money to Repair Pier 40 in Manhattan

New York Times - May 15,  2014 - By Charles V. Bagli

Where's Government Money As Bloomberg’s Girlfriend Helps Raise $2.5M for Hudson River Park

A Walk In The Park -  October 6, 2013 

Future Of Two Hudson River Park Proposals Forum Draws A Crowd

A Walk In The Park  - March 8,  2013

Friends of Hudson River Park's Improvement District Funding Scheme Rears Its Ugly Head Again

A Walk In The Park  - June 28,  2012 

Facing Deficits Hudson River Park Trust Looking For State Legislation

To Loosen Development Restrictions-Major League Soccer Hoping To Come To Pier 40

A Walk In The Park  - April 5,  2012 

Reliance On Self- Sustaining Hudson River Park "Model" Continues To Plague Project

A Walk In The Park  -  January 28,  2012 

Governor Cuomo Nominates New State Park Head

State-Wide

Governor Cuomo Nominates Rose Harvey as Commissioner of Office of Parks, Recreation and Historic Preservation

Governor Andrew M. Cuomo today announced the nomination of Rose H. Harvey as commissioner of the New York State Office of Parks, Recreation and Historic Preservation.

"Rose Harvey's experience and knowledge as well as her expertise creating countless cost-effective parks, playgrounds and open spaces in underserved communities with efficiency makes her the person we need to lead this agency," Governor Cuomo said. "I thank her for her public service and look forward to working with her."

Currently, Ms. Harvey is a senior fellow at the Jonathan Rose Companies, where she acts as an advisor and researcher on parks and open space issues, and launched a non-profit organization to fund, design and develop safe, well-managed parks in urban neighborhoods. She was also recently a McCluskey Fellow and Lecturer at the Yale School of Forestry and Environmental Studies.

For 27 years, Ms. Harvey held multiple leadership positions with The Trust for Public Land, most recently as Senior Vice President and National Director of Urban Programs. There, she oversaw all real estate acquisitions, urban park design and developments, managed the finances of a $20 million annual operating budget, and closed between $50 and $75 million worth of land and parks transactions each year across 8 states – a total of nearly $1 billion and more than a thousand new and enhanced parks, gardens and playgrounds in underserved neighborhoods in New York City, Newark, N.J. and Baltimore. She has also established large landscape woodlands and natural areas throughout New York State and the Mid-Atlantic region.

Ms. Harvey began her tenure in the parks and open space arena as the Assistant Director for Conservation Easement at the Maryland Environmental Trust, where she negotiated protections of private lands holding environmental significance.

Ms. Harvey received her B.A. from Colorado College in 1977 and M.E.S. at the Yale School of Forestry and Environmental Studies in 1984. She currently serves on the Board of the Geraldine R. Dodge Foundation and the Yale Leadership Advisory Council. In the past she has served on many conservation organizations, including the Appalachian Mountain Club, the Hudson River Institute and Walsh Park Low Income Housing. In addition to multiple state and national awards for her environmental stewardship and advocacy for open space and parks, Ms. Harvey has written multiple articles and op/eds in numerous national media outlets and industry trade journals.

Lucy Rockefeller Waletzky, M.D., Chair of the New York State Council of Parks, Recreation and Historic Preservation, said, "Ms. Harvey has been key to many of the great additions to state parks of the past 20 years. I look forward to working with her to foster strong private-public partnerships that protect and enhance New York's parks, open spaces and heritage. I am also deeply committed to working with Governor Cuomo's administration in preserving our state's recreational landscapes and natural resources."

Frances Beinecke, President of Natural Resource Defense Council, said, "Ms. Harvey's decades of experience in creating hundreds of parks and thousands of acres of open space makes her the perfect choice to lead New York's agency tasked with protecting and preserving public land. I applaud Governor Cuomo for selecting such a dedicated professional.

Ned Sullivan, President of Scenic Hudson, said, "Rose Harvey brings to this critical job sterling credentials and experience in land conservation and in creating and managing urban gardens and parks. Governor Cuomo has selected an outstanding candidate to help him implement his broad reform agenda and to meet the state's responsibilities as steward of our unparalleled parkland."

Kim Elliman, CEO of the Open Space Institute, said, "Rose brings an unparalleled passion for providing all New Yorkers with access to parks and open space. Throughout her 30 year career, she has built an incredible track record of creating and protecting parks, from vest-pocket parks in cities to landscape parks like Sterling Forest. She is singularly qualified for the job and I commend Governor Cuomo for his selection."

Leslie Wright, New York State Director for The Trust for Public Land, said, "Governor Cuomo's selection of Ms. Harvey as Commissioner for the Office of Parks, Recreation and Historic Preservation shows that he is serious about maintaining open space and making it accessible to as many New Yorkers as possible. Ms. Harvey's storied career in establishing parks, playgrounds and gardens in urban areas, combined with her ongoing advocacy for open space makes her the ideal candidate to lead this agency."

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Additional news available at www.governor.ny.gov | High resolution images available at http://governor.ny.gov/mediaimages | password: cuomo | New York State | Executive Chamber | press.office@exec.ny.gov | 518.474.8418

Read More:

Governor Cuomo Nominates Rose Harvey as Commissioner of Office of Parks, Recreation and Historic Preservation

New York State Office of The Governor Press Release - January 27, 2010

Cuomo Taps Parks Commish From Private Sector

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