Pier 5 Mill Pond Park South is Parkland
April 24th, 2017 Posted in Front Page News, Harlem River BOA, Harlem River Working Group
Pier 5 is Parkland and should be alienated if it will be used for housing
Taking parkland for non-park purpose requires alienating it through the New York State Legislature.
There are court cases that clearly describe the need for this and the State has a process that should be followed. Comments on the draft Scope of Work were provided but ignored by the applicant. As it will inevitably involve an exchange of parkland, an additional ULURP will be needed for the negotiated land. The NYS Highest Court stated, in part, that the “use for other than park purposes, either for a period of years or permanently, requires the direct and specific approval of the State Legislature, plainly conferred;” …. where a municipality holds title to land for public use “the power to regulate those uses (is) vested solely in the Legislature.” see endnote 1 .
The applicant states that the project site is, “currently under the jurisdiction of the NYC Parks but is not mapped as or considered to be parkland.” This is wrong as you will see by the attachment documents which have been excerpted for your review.
• In the glossary of the City Planning Commission is found this definition: “A public park is any publicly owned park, playground, beach, parkway, or roadway within the jurisdiction and control of the New York City Commissioner of Parks and Recreation.” This was an acceptable statement made in the Harlem River BOA Step 2 Report, which was jointly approved by the NYC Parks Department as the administrators and BCEQ. Glossary
• In the Phase I Environmental Sites Assessment, Mill Pond Park, Pier 5, dated May 8, 2012 as prepared for the New York City’s Office of Environmental Remediation by Parsons Brinckerhoff identifies on page ES-1 the site as “located north of the East 145th Street Bridge, south of Mill Pond Park, East of the Harlem River, and West of Exterior Street.” Pier 5 Phase I Env Study 2012 excerpts
• Access to the site was provided by NYC Parks and is documented in the above stated study. NYC Parks permitted BCEQ permission through a construction permit to construct a wetland and bioremediation system on Pier 5. X-9-13NF Tams DPR Construction Permit 2013 excerpt BCEQ also received a research permit from NYC Parks.
• The City of New York Financial Property Value Statement clearly identifies the owner ad NYC Parks. Property Value Statement B2356 L02 Pier 5 NYC Parks
- Though the water treatment plant plainly serves an important public purpose–indeed, even the State Attorney General believes it should be built at the site selected (see, United States v City of New York, supra, 96 F Supp 2d, at 203)–our law is well settled: dedicated park areas in New York are impressed with a public trust for the benefit of the people of the State. Their “use for other than park purposes, either for a period of years or permanently, requires the direct and specific approval of the State Legislature, plainly conferred” (Ackerman v Steisel, supra, 104 AD2d, at 941, affd , 66 NY2d 833; seealso, Potter v Collis, 156 NY 16, 30 [where a municipality holds title to land for public use “the power to regulate those uses (is) vested solely in the Legislature”]). That proposition is reflected both in our case law and in our statutes (see, e.g., L 1989, ch 533 [easements over parkland for construction, operation and maintenance of water treatment facility]; L 1998, ch 209 [easements in Webster Park for construction, operation and maintenance of sanitary sewer system facilities]; L 1994, ch 341 [parkland in Town of Waverly necessary for sewer district]; L 1994, ch 534 [easements in towns of Fleming and Owasco for water mains]). (NYS Court of Appeals, Friends of Van Cortlandt Park v. City of New York, 2001 NY Int. 3 February 8, 2001) https://www.law.cornell.edu/nyctap/I01_0003.htm
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