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October 2006 CITY WINS FIRST ROUND COMMUNITY WILL APPEAL. SECOND LAWSUIT PENDING. On September 19, 2006, the Court denied our petition to annul the City’s plans and dismissed nuisance complaint. In its opinion, the Court said that its scope of review is limited to an assessment of whether there is a rational basis for the administrative determination without disturbing underlying factual determinations. The Court further stated that the public policy choices and the advisability of the City’s decisions respecting location of all the MTS’s and rezoning of areas near the MTS site for high-density residential development and commercial zoning are beyond the permissible scope of judicial review. The Court concluded by saying it was rational for the City to have selected the existing East 91st Street MTS as the site of the proposed facility. In reaching that conclusion, the Court accepted the City’s representations that the location offers operational convenience for transferring waste collected in the area, that no rezoning of the site is required, and using an existing City owned property is more cost effective that the alternative of purchasing or condemning waterfront property elsewhere for a containerization facility. As to the nuisance complaint, the Court said that while the City is not immune to liability for public and private nuisances, our cause of action is barred because DSNY either has found no significant adverse environmental impacts that will result from the MTS, or has implemented measures mitigating significant impacts. We will soon be submitting a notice of appeal and pre-argument statement to the Appellate Division, First Department setting forth the grounds for appeal. We will then submit briefs with arguments in favor of the appeal and a copy of the administrative record upon which the City agency determinations being challenged were based. The appeal is “as of right” which means that the Court will definitely hear the appeal. Once the appeal is perfected and the City agencies have responded to the appeal, the Court will hear oral argument and then decide the case. The entire appeal process could take up to a year and a half. If it appears that the City might go ahead with the 91st Street MTS while our appeal is pending, we can file a motion to stay the construction until the appeal is decided. The second lawsuit, brought by a different group of plaintiffs from the community, is still pending. It claims that the construction of the MTS and the approach ramp, as well as the operation of an MTS at this site, will be an “alienation of park land” which requires approval of the New York State legislature. The City is expected to file its answer soon, and we will have the opportunity to reply before it goes before the court for decision. THE FIGHT MOVES TO ALBANY The solid waste management plan (SWMP) has been sent to the New York State Department of Conservation (NYSDEC) for consideration. We have asked NYSDEC to disapprove the SWMP. In addition, even if NYSDEC approves the plan in general, there are several site specific permits that the City must obtain from NYSDEC and the United States Army Corps of Engineers before it may begin to construct the new MTS. We intend to monitor and participate in the permitting processes. NYSDEC may decide to hold hearings, which will give us another opportunity to present any new evidence we have gathered since the first lawsuit was filed. If the hearings are public hearings at which the community is offered the opportunity to testify, we will be calling on everyone to attend to show the breadth and depth of this community’s opposition. THIS FIGHT IS NOT OVER. IT WILL GO ON FOR A LONG TIME. WE NEED YOUR CONTINUED SUPPORT. STAY IN TOUCH WITH DEVELOPMENTS BY LOGGING ON TO WWW.GRACIEPOINTCC.ORG August 2006 COUNCIL PASSES MAYOR’S GARBAGE PLAN. EAST 91st STREET MTS STILL IN THE PLAN. FIGHT MOVES TO ALBANY AND THE COURTS. After a long day of negotiations, the City Council passed a resolution on July 19th by a vote of 44-5 approving an amended version of a solid waste management plan that includes the proposed East91st Street marine transfer station. Council Member Jessica Lappin, the only member of the Sanitation and Solid Waste Management Committee of the Council to vote against the plan, and Council Member Dan Garodnick fought hard to stop the East 91st Street Marine Transfer Station from being included but were overwhelmed by the strong support for the plan in the outer boroughs. We appreciate their efforts, especially in the face of such a powerful campaign from the City administration and Council Speaker Christine Quinn to adopt the Mayor’s plan. We also appreciate the efforts of State Senator Liz Krueger and State Assemblymen Pete Grannis and Jonathan Bing who spoke out on our behalf at the June 26th rally and Sanitation and Solid Waste Management committee hearing and who will continue to support our opposition to the plan in Albany. Our sincere thanks to all who came to City Hall for the rally and final public hearing, and again for the City Council vote. We filled the steps of City Hall for the June 26th rally and filled the Council chambers for the hearing that followed. A lively and patient group again turned out for the final vote on July 19th. This show of support did not go unnoticed, and while the final vote was disappointing, our organized and ongoing opposition continues to be a critical part of the fight, which now moves to the State level. The MAYOR NOW SIGNS THE PLAN AND SENDS IT to the New York State Department of Environmental Conservation (NYSDEC) for review. NYSDEC is also one of the state agencies that determine whether to issue permits for construction and operation of the plants. Gracie Point Community Council and its members will contest the plan and the permit applications at NYSDEC. Certain aspects of the plan are also subject to review by the Army Corps of Engineers. TWO LAWSUITS STILL ACTIVE There are two lawsuits still pending which contest various aspects of the plan. The first was filed by Gracie Point Community Council and 12 other plaintiffs in New York State Supreme Court in October 2005. The lawsuit states that the City’s selection of the East 91st Street site was arbitrary and capricious. It also contends that the Department of Sanitation conducted an environmental review that was materially defective, that the City Planning Commission’s approval improperly relied on that defective environmental review, that the site selection was unlawful and improper, and that a new MTS at East 91st Street will create a private and public nuisance. All of the pleadings have been filed and evidence has been presented in that case. We are awaiting a decision. The second lawsuit was filed on June 13, 2006 in New York State Supreme Court by six plaintiffs from Harlem and the Gracie Point and Yorkville neighborhoods. This lawsuit asserts that the City’s garbage plan violates a 1913 state statute and the common law Public Trust Doctrine, both of which protect public parklands from being used for non-park uses. The complaint and petition alleges that the proposed demolition and reconstruction of the 91st Street marine transfer station and access ramp, and the operation of the station, constitute an alienation of the Asphalt Green and Bobby Wagner Walk parklands, requiring the approval of the state legislature. Our sincere thanks to State Senator Liz Krueger and Assemblyman Pete Grannis for sending a letter to Governor George Pataki that was a predicate to this lawsuit. We also thank State Assemblyman Adam Clayton Powell IV for agreeing to be a plaintiff in the lawsuit and State Assemblyman Jonathan Bing for sending a letter to Governor Pataki supporting Senator Krueger and Assemblyman Grannis. THIS FIGHT IS FAR FROM OVER. WE ARE ON A LONG JOURNEY THAT MAY INCLUDE APPEALS, CONTESTING PERMIT APPLICATIONS AT THE STATE AND FEDERAL LEVELS, AND LITIGATING DETERMINATIONS ON THE APPLICATIONS. WE WILL CONTINUE TO NEED THE SUPPORT OF EVERYONE IN THE COMMUNITY AS WE BATTLE THE CITY IN ALBANY AND IN THE COURTS. WATCH WWW.GRACIEPOINTCC.ORG FOR FURTHER ANNOUCEMENTS. Tony Ard November 2005 STOP THE GARBAGE GOES TO COURT The Gracie Point Community Council (GPCC), together with 12 other petitioners, filed a lawsuit on Thursday, October 20, 2005 in New York Supreme Court to stop the City from building a 10 story, 3 acre garbage dump at East 91st Street on the East River. The petition and complaint names Mayor Michael Bloomberg, the City of New York, the Department of Sanitation (DSNY) and the City Planning Commission (CPC) as respondents. The lead petitioner is the New York City chapter of the Association of Community Organizations for Reform Now (ACORN) on behalf of residents of the Stanley Isaacs Houses and John Haynes Holmes Towers. Other petitioners include building cooperatives, local business owners and individuals who reside near the proposed garbage dump. The lawsuit states that the City’s selection of the East 91st Street site was arbitrary and capricious. It also contends that DSNY conducted an environmental review that was materially defective, that the City Planning Commission’s approval improperly relied on that defective environmental review, that the site selection was unlawful and improper, and that a new garbage dump at East 91st Street will create a private and public nuisance. This is the start of a long legal journey that may include appeals, contesting permit applications at the state and federal levels, and litigating determinations on the applications. We will try to keep you informed as the journey continues. You can stay in touch with us through www.graciepointcc.org. IT TAKES GREEN TO FIGHT GARBAGE Without your Green there will be garbage-more than you have ever seen in your entire life.
October 2005 Have you ever heard the phrase “It Takes Green To Fight Garbage”? It’s a new one to us, too – yet extremely relevant to our fight against Mayor Bloomberg’s plan to build a ten-story, three-acre garbage dump on the East River, just behind Asphalt Green and steps from the Stanley Isaacs and John Holmes housing complexes. While green, as in grass and trees, is what we want to see along the shores of the East River, the green I refer to in this case is money. Now more than ever, we need your financial support to keep garbage trucks from rumbling through our streets 24 hours a day, six days a week to dump their loads at the proposed East 91st Street garbage dump. Let me update you on where things stand. The City Council voted against building the East 91st Street garbage dump. Mayor Bloomberg vetoed that resolution, and proceeded to pull out the stops to make certain the City Council did not get the number of votes needed to override his veto. Our community is taking the Mayor to court. In early October we will file a lawsuit in New York State Supreme Court. To mount a successful attack we need to pay for legal fees and environmental consultants. This is will be a costly effort, and we need the financial support of the community to win. Make no mistake: Mayor Bloomberg is absolutely committed to building the East 91st Street garbage dump. It will process up to 5,280 tons of garbage a day, six days a week. It will bring odors, rats, pollution and intense traffic congestion. The only day the dump will be closed is on Sundays. While it’s true Mayor Bloomberg is facing re-election, all signs point to a win for him. So please don’t be lulled into thinking the Mayor’s plan will biodegrade. Without your green, there will be garbage – more garbage than you’ve seen in your entire life. So please be generous. Send a check payable to Gracie Point Community Council for $60, $125, $300, $600, $1,500 or other amount, to Gracie Point Community Council, P.O. Box 1530, Gracie Station, 229 East 85th Street, New York, NY 10028-9998. Anthony Ard, President
April 2005 “Environmental revenge is not environmental justice.” The political process is moving forward as our community continues to put forth its united message opposing the E. 91 St. MTS on solid grounds that a garbage facility does not belong in any densely populated residential neighborhood. This message clearly is resonating among many important leaders, among them Council Member McMahon, who chairs the City Council Sanitation and Solid Waste Management Committee (Committee), which is reviewing the City’s proposed Solid Waste Management Plan (SWMP). At a recent public hearing, during which the Committee questioned the City about its plan, Council Member McMahon called E. 91 St. “the main event.” “Let’s get ready to rumble,” he said to the amusement of the Gracie Point/Yorkville community members in the audience. He went on to state that the 91 St. MTS stands out by far as the most illogical of all the components of the plan. (It is worth noting that McMahon hails from Staten Island and, therefore, is no stranger to garbage dumps.) Other Council Members, among them Eva Moskowitz, have also spoken out against the 91 St. MTS. Further, the Committee was obviously frustrated by the City’s inability or unwillingness to share how much the proposed MTS sites will cost to build and operate and how much the City will save in disposal costs, if anything. Even at the City Planning Commission meeting held this past week, the 91 St. MTS was the only one to garner negative votes. This demonstrates that there clearly are objective differences between the realities of E. 91 St. and the other three MTS sites. That said, the City Planning Commission did approve Uniform Land Use Review Procedure (ULURP) applications for the four MTS sites. So what are the next steps? Actually, there are two concurrent procedures taking place. First, the Committee is reviewing the proposed SWMP. The Committee has already held several public hearings. Another is scheduled for April 21 at which the Department of Sanitation will be asked follow-up questions. As noted above, a number of Council members who sit on the Committee have expressed serious concerns that the City has not provided adequate information and explanation about the overall costs of the proposed SWMP. Concurrently, the City Council may review the City Planning Commission’s approval of the ULURP applications for the four MTS sites. Assuming it decides to do so, first, a sub-committee on Landmarks, Public Siting and Maritime Uses will review the applications. They will then be forwarded to the full Land Use Committee for review. Finally, the full Council will vote. While we will not predict at this point how the City Council will react – particularly because so much depends on whether the City can provide the hard financial information the Council has requested – we are confident in stating that E. 91 St. has become a major stumbling block in the sure passage of the proposed SWMP. The hard work and consistent turnouts of this community are making an enormous difference. October 2004 The Mayor and Department of Sanitation have announced a solid waste management plan that calls for residential waste to be delivered to the East 91st Street Marine Transfer Station for transfer to barges. Needless to say, this isn’t the news we were hoping for, and we plan to continue to vigorously oppose an East 91st Street MTS. We expect the City Council to hold hearings on the plan soon, and Gracie Point Community Council will testify at those hearings. The Council will need the support and participation from residents, institutions and businesses from the Upper East Side in opposing the use of the East 91st Street Marine Transfer Station. YOUR VOICE MUST BE HEARD! Information will be sent to you as we get it. Also, plan to attend the Environment and Sanitation Committee of Community Board 8 on
August 2004 Public Scoping Meeting a Rousing Success Community members and elected officials turned out in force on the evening of June 28 to let the City know that E. 91st Street is an inappropriate site for a garbage facility. An overflow crowd of 600 came to the New York Blood Center for the Department of Sanitation’s Public Scoping Meeting to testify, listen, and support the Gracie Point community’s opposition to the proposed Marine Transfer Station. Although the number of people who showed up far exceeded the capacity of the Blood Center auditorium and hundreds were unable to get in, the crowd that gathered on the street left a definite impression on City officials. To all who came, our sincere thanks. This was a very important first showing. First to testify were the elected officials, all of whom clearly stated their opposition to an E. 91st Street MTS. City Council Speaker Gifford Miller, Manhattan Borough President Virginia Fields, State Senator Liz Krueger, and State Assemblymembers Pete Grannis and Jonathan Bing provided compelling testimony. As Speaker Miller said, “I am opposed to reopening the Marine Transfer Stations at 91st Street and 135th Street, both of which are located within densely populated residential communities. Reopening these sites will wreak environmental and economic havoc on these communities, and I believe that other more appropriate alternatives within Manhattan exist.” GPCC’s consultants, other experts, and the community at large offered additional compelling testimony for several hours. On the media front, Channels 2 and 4 and The New York Sun covered the event, including the huge show of support from the community. But The Fight Is Far From Finished In fact, the fight has just begun. The next step in the City’s process is completion of the Draft Environmental Impact Statement (DEIS). We expect the DEIS to come out later this month. The City will then have 30-45 days after notice of completion of the DEIS to hold a public hearing. This hearing will likely take place soon after Labor Day. At that time, we will once again need you to turn out in force to state your opposition to the E. 91st St. MTS, and to comment on the content and defects of the DEIS. We will let you know as soon as we have a date, location, and time of this public hearing. The Gracie Point Community Council is prepared to press its case - that any densely populated residential neighborhood is the wrong place for a Marine Transfer Station or garbage facility - in all proceedings and with our elected officials.
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Gracie Point Community Council - P.O. Box 1530 - Gracie Station - New York, NY 10028-9998 - info@GraciePointCC.org |
