Coney Island Residents Sue To Stop Concrete Boardwalk - Cite Lack of Environmental Review

FOR IMMEDIATE RELEASE

July 12, 2012

Contact: Geoffrey Croft - NYC Park Advocates

(212) 987- 0565

(646) 584- 8250 cell #

Coney Island Advocacy Groups and Residents File Suit Against the New York City Department of Parks and Recreation to Prevent the Destruction of the Coney Island Boardwalk

(BROOKLYN, NY July 12, 2012) – Various grassroots organizations and Coney Island and Brighton Beach residents have filed a lawsuit in New York State Supreme Court in Brooklyn seeking to prevent the New York City Department of Parks and Recreation (the “Parks Department”) from destroying the historic Coney Island Boardwalk and replacing it with a plastic and concrete structure.

According to the lawsuit, the Parks Department abused its discretion when it decided that its plan for the Boardwalk was not subject to any environmental review, even though the potential for negative environmental impact is obvious and far-reaching.

The lawsuit seeks to prevent the Parks Department from implementing a plan to replace 56,000 square feet of wood boards on the section of the Coney Island Boardwalk running from Coney Island Avenue to Brighton 15th Street with concrete and plastic. The lawsuit also contends that the Parks Department has a longer-range plan to replace most of the Boardwalk – approximately 1 million square feet of wood – with some combination of the same concrete and plastic materials.

The lawsuit contends that the Parks Department violated the New York State Environmental Quality Review Act (“SEQRA”) and New York City’s Environmental Quality Review (“CEQR”) regulations by not subjecting its plans to the necessary environmental review. Under SEQRA and CEQR, state and municipal agencies are required to determine if actions they undertake may have a significant impact on the environment. Under the law, factors such as erosion, flooding, drainage problems, and impact on existing use must be considered. Additionally, an agency must consider the project’s impairment of the character or quality of important historical or aesthetic resources and existing community or neighborhood character.

The suit was filed by attorneys from Goodwin Procter, LLP, pro bono counsel for the Petitioners: the Coney-Brighton Boardwalk Alliance, Friends of the Boardwalk, and long-time residents Robert Burstein, Ida Sanoff, Arlene Brenner, Brunilda Figueroa and Todd Dobrin.

“The city is required to consider a host of issues including environmental impacts before embarking on such a project which they did not ,” said Burstein, President of the Coney-Brighton Boardwalk Alliance. "This project raises numerous public safety concerns which have not been addressed."

Among the impacts not considered:

· Concrete, which does not allow for drainage, creates a heightened risk of flooding and beach erosion when there are storms.

· The lack of drainage, in addition to damaging the concrete and plastic itself, also causes snow and rain to ice over in the winter, creating hazardous conditions and necessitating the use of hazardous chemicals and/or snow plows to clear the area.

· The increase in temperature of the concrete surface as compared to natural wood can cause an urban heat island effect, resulting in increased energy consumption, elevated emissions of air pollutants and greenhouse gases and impaired water quality in the surrounding community.

· The replacement of cracking concrete and buckling plastic may require the wholesale removal of sections of materials, causing greater environmental damage and disruption to activities than removal of one damaged wooden plank would cause.

· The demolition of the iconic wooden boardwalk that has been in the community for nearly 90 years and is part of a world-famous area would significantly impair the character and quality of what is obviously an important historical and aesthetic resource. Additionally, the demolition would equally impair the character of the Coney Island and Brighton Beach communities.

· Concrete and plastic absorb substantially less force than wood and therefore place far greater stress on the body. Consequently, people who enjoy the boardwalk for running, dancing, exercising and walking will be greatly restricted in their ability to use the Boardwalk as they have for decades.

The lawsuit seeks to compel the Parks Department to conduct a comprehensive environmental review of its plans, including a thorough analysis of these and other environmental impacts. “This is just the beginning of the battle,” said Burstein. “Ultimately, we do not believe the Parks Department should, under the environmental laws, use concrete and plastic to replace the wood. The first step, though, is to get the Parks Department to do the necessary environmental review, which they have not even done.”

Additionally, the lawsuit asserts that the Parks Department is trying to achieve its long-term plan to destroy most of the Boardwalk, aside from one four-block section, and replace it with plastic and concrete without conducting a proper environmental analysis of this large-scale action by improperly segmenting the plan. “It’s death by a thousand cuts,” said Burstein. “It is wrong. And it is illegal."

"Rather than spend the money to properly maintain the Boardwalk," said Brighton Beach resident Ida Sanoff, "the Parks Department wants to destroy this beautiful piece of New York and replace it with a different structure altogether without any environmental review or community input.”

About the Coney-Brighton Boardwalk Alliance and Friends of the Boardwalk

The Coney-Brighton Boardwalk Alliance is an unincorporated association dedicated to supporting and encouraging the revitalization and improvement of the Boardwalk while preserving its aesthetic and historical integrity. http://savetheboardwalk.wordpress.com/

Friends of the Boardwalk is a not-for-profit corporation that was founded to initiate, support and encourage projects for the revitalization and improvement of the Boardwalk and surrounding communities. http://fobconeyisland.com/

Read More:

Boardwalk Advocates File Suit to Block Concrete

New York Times - July 12, 2012 - By Liz Robbins

Design Commission Refuses To Approve Coney Island Boardwalk Concrete Plan

"Sadly though, the Parks Department continues to espouse half truths and absolute misinformation when they believe it suits their purposes and they won't be called on it, as was once again on display at this hearing today, " -

Rob Burstein.

Critics blasted the Parks Department design at the Public Design Commission hearing today.

Rain Forest Relief's Tim Keating pointed out that the US Army recently built two tank bridges and a locomotive bridge using recycled plastic (recycled structural composite). Parks Department representatives claim however that concrete is the most appropriate material for the Coney Island Boardwalk.

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

"It was, once again, extremely frustrating to have to stand, silent, and listen to misinformation, obfuscation and avoidance without the ability to respond," said Mr. Keating.

"It would appear that this is not going to pass" - Public Design Commission official.

For decades the City has refused to allocate adequate funds to maintain the historic boardwalk. Each year multiple lawsuits are filed against the city for injuries as a result. The City is using borrowed capital funds to deal with a lack of maintenance funds which has resulted in the use of concrete.

Brooklyn

By Geoffrey Croft

The Public Design Commission refused to even vote today on the Parks Department controversial plan to use concrete in the historic boardwalk in Coney Island. Instead the Commission sent the Parks Department back to explain a host of issues.

Sections of Coney Boardwalk made out of concrete (left) and wood (right) last December.

(Photo:

Debbie Egan-Chin/NY Daily News)

"Why do we need the concrete at all," asked a commissioner, a sentiment shared by more than one design official.

Parks representatives claimed that no alternative materials other than concrete could support vehicle usage on the boardwalk - despite the fact that wood has done so more than 70 years.

The commissioners were not buying it today.

"If its (plastic) good enough for the United States Army, I don't understand," one Design Commissioner, James Polshek responded, referring to tank and locomotive bridges the government has recently built using that material.

"I've heard in internal discussions the police need it (the concrete) because vehicles can't stop fast enough on the artificial wood. That's nonsensical...that's not a reason. That should be thrown out."

Parks officials Nancy Prince, landscape architect, chief engineer John Natoli, and Brooklyn Commissioner Kevin Jefferies present their case.

Officials stand in front of a collage of images depicting poorly performing concrete recently installed on the boardwalk.

Brooklyn Borough Commissioner Kevin Jefferies said maintenance needs including collecting garbage cans was the reason vehicles needed access to the boardwalk.

"And they can't be serviced on artificial wood," commissioner Polshek asked in one back-and-forth.

"No they can't," said Jefferies.

"Why not," the commissioner asked.

"Because our experience have shown that its destructive to the wood. "

"As a commissioner, with all due respect to our public - to the people who support the government - I personally would have to see absolutely, categorical, graphic, proof of it with engineers names attached and the photographs," he said to applause.

Todd Dobrin, president of Friends of The Boardwalk refuted Mr. Jefferies assertion by pointing out that the city is using wood exclusively in the most heavily trafficked area of the boardwalk. Mr. Dobrin brought numerous chunks of cracked concrete taken from boardwalk sections recently installed. He also presented the commission with a book of photos depicting dark stains and thousands of cracks.

A broken-off piece of concrete from a section of the boardwalk. A larger pice was taken a few days later. Although installed just a year ago concrete from the Coney Island Boardwalk has once again raised public safety, design, environmental as well as cost concerns. In addition to the concrete chunks found, thousands of cracks have also appeared.

Parks Department spokeswoman Vickie Karp said a few weeks ago that the existing concrete boardwalk sections had “minor hairline cracks" that "pose no safety issues.”

Parks officials including Commissioner Jefferies - former head of Park Enforcement - and

chief engineer John Natoli

attempted to down play how wide-spread the poor conditions were.

"This section represents a less than a tenth of a 1 percent failure rate," said Mr. Natoli pointing to the

collage

on the wall. "We rushed this section. We wanted to have this open for the season," said Natoli.

The Parks Department's

chief engineer

did not mention the thousands of hairline cracks that have already emerged or the amount already spent on trying to fix the issue.

More than a dozen people showed up to oppose the City's plan. Critics blasted the parks Department plan for numerous reasons.

No one on the commission publicly supported the use of concrete at today's hearing either.

"Clearly, the concrete on top doesn't look as good," said commissioner Byron Kim. "I really have to vote against any concrete."

"It would appear that this is not going to pass, " Signe Nielsen, Vice President of the commission said before listing a multitude of issues they wanted addressed.

After the hearing critics were pleased.

"As the result of the Design Commission's insightful questions to official's of the Parks Department regarding their proposal to use massive amounts of concrete to replace the Coney Island Boardwalk- many of which we have raised repeatedly in the past as well as today - and the Commissions' expressions of discomfort with the paucity of information that Parks was able to provide, and their decision to not vote for approval at this time, I feel modestly hopeful that the Parks Department will be held more accountable for their claims and wasteful expenditures of taxpayer dollars than in the past," said Rob Burstein.

"And perhaps," he continued, "they can even begin to seriously consider the many viable alternative woods and materials that can be used to enhance rather than destroy the Boardwalk. Sadly though, the Parks Department continues to espouse half truths and absolute misinformation when they believe it suits their purposes and they won't be called on it, as was once again on display at this hearing today. Fortunately, as the result of our being present and the Commission's displeasure with inadequate or evasive responses, this strategy did not serve them on this day."

"I am thrilled that the members of the Design Commission were able to see some of the holes in the rhetoric presented by Parks personnel regarding the "need" to use concrete for the understructure and part of the decking of the Reigelman Boardwalk, " said Tim Keating, Director of Rainforest Relief who has been advocating for the use of durable, structural recycled plastic lumber (RPL) on the Boardwalk since 1995.

"It was, once again, extremely frustrating to have to stand, silent, and listen to misinformation, obfuscation and avoidance without the ability to respond," he continued.

"We have had numerous meetings with Parks Department Commissioners, engineers, designers, specifiers and others since then. Just as Parks is currently saying that domestic hardwoods "do not work for us", they insisted from 1995 to 2005 that RPL wasn't working for them. Then sold (literally) on tropical hardwoods as the only answer for the Boardwalk, they ignored our suggestions and those from engineers working for the companies producing structural RPLs for over a decade. In fact, they ignored us to such a great extent that, even when 'complying' with us when it came to ending the use of tropical hardwoods for the platforms of playground playsets, they still couldn't get it right and used a wood-plastic composite lumber, something we specifically suggested they *not* use. They are now having to replace *those* and are finally using true RPL."

The Parks Department's press office did not respond to a request for comment but told other media that they are "evaluating" the commissioner's comments.

Read/View More:

Boardwalk plan unset in concrete

New York Post - October 25, 2011 - By Rich Calder

Commission's not on Board(walk) with concrete design for Coney Island

New York Daily News - October 25, 2011- By Erin Durkin

Design Commission Keeps Concrete Away From Coney Island Boardwalk

NY 1 - October 24, 2011 - By Jeanine Ramirez

New Coney Island Concrete "Boardwalk" Falling Apart

A Walk In The Park - October 4, 2011

Coney/Brighton Beach Concrete "Boardwalk" Uproar Continues

A Walk In The Park - July 2, 2011

Brighton Beach's New Concrete “Boardwalk” Already Cracking

A Walk In The Park - June 14, 2011

New Coney Island Concrete "Boardwalk" Falling Apart

Parks Department spokeswoman Vickie Karp said the existing concrete boardwalk sections had “minor hairline cracks" that "pose no safety issues.”

Hairline Cracks? Friends of the Boardwalk president Todd Dobrin shows "cracks" in Coney Island Boardwalk near 32nd street.

“This boardwalk is literally falling apart,” said Mr Dobrin. “It’s cracking, peeling and isn’t good for joggers and walkers.”

According to the Parks Department's press office though the newly installed concrete boardwalk have "minor hairline cracks." (Photo: Courtesy Todd Dobrin via NYC Park Advocates)

The City has refused to do engineering, or environmental studies before spending tens of millions of dollars to replace wood with the controversial concrete. The current design proposes to install solid concrete slabs that will be covered in part with plastic slats. This plan will be the prototype for future reconstructions.

Critics of the plan point to the lack of maintenance funds being allocated to care for the boardwalk as the main reason the city is pushing these plans through.

The community has raised a number of issues concerning the switch from wood to concrete: Heath-increased exposure to heat, greater impacts on joints, trip hazards; Esthetic - cracks, stains, and a loss of history.

There is also concern that the proposed plan will result in increased property damage as a result from storm surge waves hitting a concrete boardwalk.

Ida Sanoff points out that the existing boardwalk is constructed of porous wood slats with spaces between the planks. This soft, slatted surface aids in the dissipation of wave energy. An impermeable, concrete slab Boardwalk will also result in more storm water runoff and increased flooding on local streets said says.

"However, there is an alternative to concrete slab construction, the use of treated, non-rainforest wood or imitation wood planks, placed on spaced, vertical supports, not solid slabs."

Even though the community board voted overwhelming against the project in May, the Parks Department is moving ahead with the plan.

"They give lip service to community input, but the evidence is that they don't really care," said Rob Burstein of the Coney-Brighton Boardwalk Alliance.

The issue is expected to go before the Public Design Commission on October 24th, the mayoral appointed agency that has approved the these recent "pilot" re-designs which have resulted in these issues. - Geoffrey Croft

Brooklyn

Activists yesterday charged that a controversial city plan to pave much of Coney Island’s fabled wooden board with concrete is literally crumbling, according to the New York Post.

Todd Dobrin, president of the grass-roots group Friends of the Boardwalk, said there’s already “well over 2,000 cracks” in the first two sections of the 2.5-mile Riegelmann Boardwalk that were replaced with concrete last year. And some of these sections, which total seven blocks in parts of Coney Island near Seagate and Brighton Beach near Ocean Parkway, are mysteriously even turning brown in color.

“This boardwalk is literally falling apart,” he said. “It’s cracking, peeling and isn’t good for joggers and walkers.”

Armed with photos and other evidence – including pieces of the concrete that have already broken off– Dobrin and other activists attended yesterday’s city Design Commission meeting to try convincing the Commission to reject a $10 million Parks Department pilot plan to cover other parts of the boardwalk in cement. The Commission opted to delay its vote until Oct. 24.

Parks Department spokeswoman Vickie Karp later said the existing concrete boardwalk sections are “structurally sound” and that the “minor hairline cracks" there "pose no safety issues.”

She said the Department would monitor the situation.

The proposed pilot project – which was rejected on an advisory level by Brooklyn Community Board 13 in May – calls for running a 12-foot-wide concrete path for emergency vehicles through a five-block area of the boardwalk near Coney Island Avenue in Brighton Beach. The path would take up 20 percent on the boardwalk area with the rest being artificial wood plank.

As more funding becomes available, officials hope to replace the rest of the boardwalk the same way—-except the historic Coney Island amusement district, which would remain all wood.

A broken-off piece of concrete from another section of the boardwalk. Although installed just a year ago concrete from the Coney Island Boardwalk has once again raised public safety, design environmental as well as cost concerns. In addition to the concrete chunks found, thousands of cracks have also appeared. (Photos: Geoffrey Croft/NYC Park Advocates)

Negligence. For decades the City has refused to allocate adequate funds to maintain the historic boardwalk. Each year multiple lawsuits are filed against the city for injuries as a result. The City is using borrowed capital funds to deal with a lack of maintenance funds which has resulted in the use of concrete.

Read More:

Critics rip cracks in boardwalk plan

New York Post - October 4, 2011 - By Rich Calder

City insists on concrete makeover for Coney Island boardwalk, angering community board

New York Daily News - October 4th 2011 - By Erin Durkin

City’s plan for Boardwalk leaves just four blocks of wood

The Brooklyn Paper - October 12, 2011 - By Daniel Bush

Coney/Brighton Beach Concrete "Boardwalk" Uproar Continues

A Walk In The Park - July 2, 2011

Brighton Beach's New Concrete “Boardwalk” Already Cracking

A Walk In The Park - June 14, 2011