For breaking news, go to www.DowntownPostNYC.com

Pianist Ashley Bathgate, who played during the Bang on a Can Marathon. June 22, 2014.
(Photo: Terese Loeb Kreuzer)

The shopping mall on Pier 17 being demolished. (Photo: Terese Loeb Kreuzer)

He said the building would be completely demolished by the first or second week of July and the pier itself would be completely demolished within the following four months. 

 

The question arises of what impact that might have on the East River and the environs of the pier.

 

When the ULURP (Uniform Land Use Review Procedure) passed City Council in March, an Environmental Assessment Statement (EAS) was included.  

 

Michael Levine, who was Land Use and Planning Director for Community Board 1 at the time the ULURP passed and who is now a consultant to CB1, said that no EIS was required because Howard Hughes was not increasing the footprint of the pier in the water.  

 

Levine inquired of Howard Hughes' lawyers as to whether an EIS was needed and on June 19 came back with their response. "The final word from HHC's lawyers is that it's a CEQR (City Environmental Quality Review) type II project replacement in kind, therefore no further EAS is required," he wrote in an email.

 

In an email on June 23, he elaborated on that statement. "An Environmental Assessment Study (EAS) determines if the impact of a project will be extensive, which will require an Environmental Impact Statement (EIS). In the case of Pier 17, it was determined that it did not need an EIS because it is a Type II project - replacement in kind - with no new impacts."  

 

Asked to comment on that assessment, Gerrard replied in an email, "The Howard Hughes proposal is the furthest thing from replacement in kind, and thus is not eligible for Type II treatment."

 

Gerrard's credentials include chairing the American Bar Association's 10,000-member Section of Environment, Energy, and Resources; the Executive Committee of the New York City Bar, and the Environmental Law Section of the New York State Bar Association.  

 

The New York City Department of City Planning has a website that explains some of the acronyms being tossed around in this discussion, and what they mean practically.  

 

"Most discretionary land use actions considered by the City Planning Commission (CPC) are subject to the City Environmental Quality Review (CEQR) process," the website explains. "Pursuant to state and local law, CEQR identifies any potential adverse environmental effects of proposed actions, assesses their significance, and proposes measures to eliminate or mitigate significant impacts. Only certain minor actions identified by the state, known as Type II actions, are exempt from environmental review."   

 

If the complete demolition of Pier 17 does, indeed, need an EIS, it could take a while to complete the necessary studies and might result in a modification of the plans.  

 

Another acronym enters into this discussion - SEQR. That stands for "State Environmental Quality Review." That is administered by the New York State Department of Environmental Conservation (DEC).  

 

"In New York State, most projects or activities proposed by a state agency or unit of local government, and all discretionary approvals (permits) from a NYS agency or unit of local government, require an environmental impact assessment as prescribed by 6 NYCRR Part 617 State Environmental Quality Review (SEQR)," says the website. " [Statutory authority: Environmental Conservation Law Sections 3-0301(1)(b), 3-0301(2)(m) and 8-0113]. SEQR requires the sponsoring or approving governmental body to identify and mitigate the significant environmental impacts of the activity it is proposing or permitting."   

 

The website goes on to discuss what happens if an agency does not comply with SEQR.  

 

"If an agency makes an improper decision or allows a project that is subject to SEQR to start, and fails to undertake a proper review, citizens or groups who can demonstrate that they may be harmed by this failure may take legal action against the agency under Article 78 of the New York State Civil Practice Law and Rules," says the website. "Project approvals may be rescinded by a court and a new review required under SEQR. New York State's court system has consistently ruled in favor of strong compliance with the provisions of SEQR."

 

- Terese Loeb Kreuzer  

 

No relief for rent-burdened New Yorkers. (Photo: Terese Loeb Kreuzer)

The vote affecting millions of New York City residents is in. On June 23, the Rent Guidelines Board declined to heed Mayor Bill de Blasio's plea to freeze stabilized rents at their current levels, and voted to raise them by 1 percent on one-year leases and by 2.75 percent on two-year leases that begin between Oct. 1, 2014 and Sept. 30, 2015.

This directly affects approximately one million rent-stabilized apartments in New York City, but also provides a guideline for unstabilized apartments.

Mayor Bill de Blasio reacted with disappointment. According to Crain's New York Business ("De Blasio disagrees with rent increaase," 6/24/14), the mayor "left open the possibility of replacing some of the board's members in the future." Crain's reported that, "At a press conference Tuesday, Mr. de Blasio said he was not surprised by the difference of opinion on the board, which consists of tenant and landlord representatives as well as independent members." The vote was 5 to 4 in favor of the increases, with Stephen Flax, a vice president at M&T Bank and a de Blasio appointee, casting the deciding vote.

Council Member Margaret Chin, who represents District 1 in Lower Manhattan, also reacted with disappointment. "As many of my Council colleagues and I have stated, a rent freeze would have had an extremely positive and powerful impact on housing affordability in this city, and would have done the most to preserve the diversity and vibrancy of our neighborhoods," she said in a statement. She referred to the "immediate relief" needed by the "city's struggling, rent-regulated tenants" who, she said, "work hard each day to support their families, only to live in fear of losing their homes due to increases in rent and the cost of living." She vowed to "continue working with advocates and my elected colleagues to fight for the right of all tenants to live a decent life in an affordable city."

On May 28, 2014, NYU's Furman Center, which studies legal and public policy regarding land use real estate and housing, released a report on New York City's housing and neighborhoods in 2013. It found that "income inequality has become more pronounced in New York City since the 1990s." Renters' incomes have stagnated while rents increased.

"As a result, the share of rental units that are affordable to lower-income New Yorkers declined. Moderate-income households (those earning between $45,000-$70,000) are more rent burdened in New York City than in the U.S. overall," says the report. "Rent burdened" is defined as paying 30% or more of pre-tax income on rent and utilities.

Sen. Daniel Squadron addressing Community Board 1. (Photo: Terese Loeb Kreuzer)

When New York State Sen. Daniel Squadron appeared at Community Board 1's full board meeting on June 24, he talked about rent stabilization. "Fundamental to what we are as a city are our rent protections," he said.

Every four years, New York State votes in (or out) the current mix of rent stabilization laws: the next vote is in June 2015. Prior to the vote there is pressure from both sides of the rent protection issue pushing for stronger or weaker laws protecting tenants or landlords. 

"There's a fight in Albany every time," said Squadron. "It shows what is worst about Albany. It gets started after the budget has passed, and at that point, there's a leverage lock-up."

Squadron said that "this is the time to get it started. It's a fight and a conversation that needs to take place between now and November."

Tom Goodkind, a member of Community Board 1 who chaired CB1's now-defunct Housing Committee, commented on the outlook. "Back in 2011, when we had a Housing group at CB1, we wrote a resolution with our recommendations prior to the sunsetting. In June 2011, the laws were made stronger by Albany.  Of course, back then, the State Assembly and Senate had Democratic majorities. The Senate is now Republican which tends to vote against any kind of rent protection."

The rent protection laws are Statewide, said Goodkind, but mostly pertain to New York City. "Recently there has been a push to allow New York City to determine its own rent protection laws," he said.

With cheers and applause, parents and kids from the Spruce Street School (PS 397) stood up at Community Board 1's full board meeting on June 24 to confirm an announcement made earlier that day - that the middle school at Spruce Street, jeopardized by overcrowding in the lower grades, would open in 2015 as previously planned. When word of the possible forfeit of a middle school surfaced a few weeks ago, the parents sprang into action with an online petition, a letter-writing campaign and protest rallies. New York State Assembly Speaker Sheldon Silver and New York State Senator Daniel Squadron entered the fray on the side of the parents. Community Board 1 also registered its protest.

"I would like to acknowledge the responsiveness of the mayor and the chancellor in hearing and keeping the promises of past administrations and chancellors," Paul Hovitz said at CB1's full board meeting. (Hovitz is co-chair of CB1's Youth & Education Committee.) He also praised the parent body for its devotion to the community and to the school.

Speaker Silver released a statement expressing his gratitude for the turn of events. ""Our community was promised a middle school at Spruce Street and I am enormously pleased that the DOE has lived up to that commitment," he said. "I have worked hard to ensure that we have the highest-quality schools possible here in Lower Manhattan and I am thrilled that our Spruce Street families will now have the excellent middle school they deserve. I want to thank Schools Chancellor Farina for being responsive to our community and I want to thank all of our parents and advocates for their efforts on this issue."

Current Spruce Street students will have preference for the middle school seats but any unclaimed seats would then go preferentially to other students in Lower Manhattan. 

"Finally, 3 WTC looks good to go," Crain's New York Business, 6/25/14. "The Port Authority of New York and New Jersey's board unanimously approved a plan to help finance the construction of 3 World Trade Center by tapping $159 million in insurance proceeds from the Sept. 11 attacks," says Crain's New York Business. "The Port Authority's executive director, Pat Foye, the agency's top New York staff member, said the money would allow construction on the 80-story, 2.5 million-square-foot tower to proceed as the building's developer, Silverstein Properties, raises the remaining $1.2 billion necessary to build the over $2 billion spire. Mr. Foye said that Silverstein Properties would be able to borrow the $1.2 billion through the municipal bond market. He revealed that Goldman Sachs and J.P. Morgan Chase, which are acting as advisers to Silverstein Properties, had expressed confidence that such a debt offering for the tower would be successful. Mr. Foye's statements were the most optimistic yet that funding for 3 World Trade Center's costly construction could be secured privately after the Port Authority declined to use its balance sheet to back the building a little over a month ago." For the complete article, click here.

"Leaving New York? Steven Soderbergh lists two Manhattan apartments for $11M," Daily News, 6/24/14. Academy Award-winning filmmaker Steven Soderbergh, director of "Contagion" and "Ocean's Eleven,"  just put his two Manhattan homes on the market for a combined $11 million," according to the Daily News. "It's unclear what is going on - Soderbergh did not return calls - but it's not the first time he's made the papers with odd behavior, including fathering a child with an Australian woman while still married. The 'Sex, Lies and Videotape' auteur has listed his three-bedroom pad at 147 West 22nd St. in Chelsea for $5 million. And on Tuesday he also put a giant three-bedroom Tribeca loft at 155 Franklin St. on the market for $6 million - less than a year after he bought it for $5.87 million." For the complete article, click here.

"Ousted office tenants claim Claremont plans residential conversion at 99 Wall," The Real Deal, 6/23/14. "Another residential project in the Financial District may be on the horizon," says The Real Deal, though no plans have yet been filed. "The Claremont Group, which owns a 25-story office building at 99 Wall Street, has exercised a termination clause in its tenants' leases to make way for a residential project, former tenants told The Real Deal. Rumors about a potential conversion had been going on for several months, according to Mitchell Waldman, president of Cogent Realty Advisors Inc., a tenant's broker who helped four businesses find new office space nearby. One former tenant, Rashida Karmali of Tactical Therapeutics Inc., said that when she tried to renew her three-year lease, she was unable to do so beyond June. With Waldman's help, she moved to 44 Wall Street. Another tenant said he was informed in January that he had to be out by the end of June." For the complete article, click here.

"Manhattan District Attorney's Office Showing No Leniency in Daredevil Cases," New York Times, 6/24/14. "Three men who parachuted off the World Trade Center and a speeding driver who circled Manhattan in 24 minutes have attracted plenty of fans on YouTube - thrilling helmet- or dashboard-camera videos of their stunts have been played tens of thousands of times," says The New York Times, but the Manhattan District Attorney's office was not impressed. "The three parachutists and the driver known on YouTube as AfroDuck are being treated as anything but folk heroes by the Manhattan district attorney's office," says The Times. "At separate court appearances on Tuesday, the district attorney, Cyrus R. Vance Jr., brought felony indictments for burglary against the three sky divers, James Brady, Andrew Rossig and Marko Markovich, and against a fourth man, Kyle Hartwell, who helped them when they landed. If convicted, they will have felony records and can receive up to seven years in prison." According to The Times, "The speeding driver, Adam Tang, who is Canadian, has been charged not only with reckless driving but also with reckless endangerment, a misdemeanor carrying a maximum sentence of a year in jail." For the complete article, click here.

Discount at Merchants River House: Merchants River House in Battery Park City has announced a members' program that gives a 10 percent discount on all food and beverages. Apply online by clicking here or in person at Merchants River House, 375 South End Ave., (the entrance is on the esplanade between Liberty and Albany Streets). Merchants River House is open daily for lunch, dinner and Saturday and Sunday brunch.

Pedestrian safety improvements on South End Ave.: Battery Park City's South End Avenue is seeing an increasing amount of traffic because of tour buses bringing visitors to the nearby National September 11 Memorial & Museum. Now the New York City Department of Transportation (DOT) is installing some four-way stop signs at key intersections to help make street crossings safer for pedestrians. They will go up at West Thames Street and South End Avenue and at Battery Place, along with high-visibility crosswalks. Concrete safety islands will also be constructed at both sites. Other improvements will include wide parking lane striping and a new left turn bay at Albany Street and South End Avenue and commercial metered parking on South End Avenue between Albany and Liberty Streets. The work will start in early July and should take around three weeks to complete. For more information about DOT activities and programs, click here.

Our previous mayor and those in his administration gave away our seaport to The Howard Hughes Corporation  - a company that thinks nothing of installing food trucks in a community that has done all it could to rid itself of serious rodent problems, recover from a disastrous hurricane, overcome the failing economy and many other issues.

Howard Hughes is taking business away from those brave enough to put all of their savings into rebuilding our desolate seaport area and has already become the worst neighbor anyone could ask for.

Why aren't our politicians held accountable, whether still in office or not? We were "sold out" to a company that already owed the city $1.8 million in unpaid rent and interest, according to an audit by our former New York City Comptroller, John Liu.  http://www.bloomberg.com/bb/newsarchive/anm9p6RCmpL4.html?null

How fast we all forget! We shouldn't.

We welcome letters to the editor. Email them to editor@downtownpostnyc.com. We reserve the right to edit them for clarity and length.

Barbalu, a restaurant on Front Street, that reopened after suffering hundreds of thousands of dollars in damage from Superstorm Sandy. (Photo: Terese Loeb Kreuzer)

The South Street Seaport Museum is offering its members two special opportunities to view the Macy's fireworks on July 4.

Castle Williams on Governors Island dates from 1807-1811 and was named for its designer, Lt. Col. Jonathan Williams, the first superintendent of West Point. A model of the fort as it looked originally is in the middle of the courtyard. Behind it is a mural-sized photograph of one of the cells on an upstairs tier, showing the fort's use as a prison. Guided tours of the Governors Island historic district are available Wednesdays through Sundays. (Photo: Terese Loeb Kreuzer)