Governor Cuomo gifting Belmont Park developers with a train station

NY Post


A controversial plan to bring a new $1.2 billion arena and entertainment venue to state-owned Belmont Park will now include a $105 million full-service stop on the Long Island Railroad, Gov. Cuomo announced Monday.

The station serving Belmont, NY, is a huge score for the New York Islanders arena project and will be situated between the Queens Village and Bellerose stations on the LIRR’s Main Line, just east of the Cross Island Parkway.

A press release put out by the governor’s office claimed it will the cost the arena developers – a partnership that includes the owners of both the Islanders and New York Mets — $97 million of the estimated $105 million price-tag.

However, state officials later clarified that the developers are only paying $30 million up front with the remaining $67 million to be covered by a no-interest, multi-decade state loan. The state will pick up the remaining $8 million.

The news didn’t sit well with project opponents.

“Obviously the State of New York wants to play hide the puck, and pretend that arena developers are paying for a massive transportation project instead of the taxpayers and commuters, and they buried that actual fact in the fine print. That is a disrespect, and cardinal breach of public trust,”said Tammie S. Williams of the Belmont Park Community Coalition.

Willets Point United: DOT Gives Mets Brand New Roadbed, “Stolen” from Willets Point

Willets Point United

On Thursday, June 27, 2019, the New York Mets will hold a ceremony to rename a portion of 126th Street “Seaver Way” – aided and abetted by the New York City Department of Transportation (DOT).

It’s no coincidence that DOT very recently repaved the seven-block stretch of 126th Street to be renamed “Seaver Way.” And DOT repaved it, even though the condition of that street beforehand did not require resurfacing.

 

 

Could it be any more obvious, that DOT repaved that street to beautify it for the photo op during the Mets’ street renaming ceremony? That's an unjustifiable expenditure of taxpayer funds

 

But for Willets Point, the biggest insult is that DOT needlessly repaved 126th Street, while not repairing the nearby, severely dilapidated streets in Willets Point, which property and business owners have pleaded with the City for decades to fix.

 

If these street conditions existed in any other neighborhood of the City, they would be deemed an emergency and repaired right away on that basis.

 

 

 

 

It's like this city is showing contempt for these businesses and telling them to get out right to their faces. This is no different than what a slumlord does to rent-stabilized tenants.

Francisco Moya, who represents this district, is not helping these businesses and doesn't seem to want to.

“Tom Seaver may not have laid the bricks of Citi Field, but he helped set the foundation this franchise is celebrated for,” said Councilman Francisco Moya, who sponsored the street-renaming legislation.

“Whether you were fortunate enough to watch Tom Seaver lead the Amazin’s to a World Series championship in 1969, or you grew up in the glow of that greatness, Queens residents have always known their ballpark was built on his right arm.”

 

Hey, Frankie, how about naming this neglected road after Pat Zachary? One of the guys the Mets traded for back in '77.

 

Willets Point may become giant parking lot

From Crains:

The justification for razing a collection of small businesses in Willets Point, Queens, as part of an economic development project a decade in the making was that the land needed to be cleaned of its toxic soil and would better serve as a mixed-use site.

Earlier this year, however, the city and a development team that included the owners of the New York Mets drew up plans to use publicly owned Willets Point property for parking lots that would appear to benefit the Wilpon family's baseball team and an unrelated renovation project at LaGuardia Airport. But the proposal would leave the contaminated ground beneath it untouched, official documents show.

The parking plan was never acted upon, although officials left open the possibility of pursuing it. Doing so would raise questions about the city's priorities for the site, and it would mark a shift in what the land was supposed to be used for when it was rezoned in 2008.

In February, Mayor Bill de Blasio announced the city would go back to the drawing board after the state's Court of Appeals struck down an earlier version of the Willets Point plan that involved building a shopping mall on parkland. The development team—The Related Cos. and Sterling Equities, the real estate arm of the Wilpon family—would build a 1,100-unit affordable-housing complex on 6 acres of city-owned property. A task force of elected officials and community stakeholders would come up with suggestions on what to build on the remaining 17 acres of public land.

"It's time to jump-start Willets Point, and we are doing that by building more than a thousand homes for seniors and families struggling to make ends meet," the mayor said in a statement accompanying the announcement.

But just a month later, the developers notified a state agency overseeing soil remediation at Willets Point that they planned to build parking within the area delegated to the task force, according to documents obtained by Queens filmmaker Robert LoScalzo through a Freedom of Information Law request and provided to Crain's. A roughly 6.5-acre swath of city-owned land would be paved over with three lots housing 665 parking spots and a large open space.

The notification suggested that the lots would be used by Delta Air Lines, which is launching a massive undertaking to replace its terminal at LaGuardia. Finding a place for the airline's contractors to park has been an issue ever since Delta's terminal project was announced.

While Delta said in a public document last year that it had reached an agreement with the Mets to use Citi Field parking to fill the need, paving new lots in Willets Point would serve the same purpose. It would leave parking at the Amazins stadium untouched—a win for the franchise—and would corroborate reports from 2016 that officials were eyeing space in the Iron Triangle to aid the airport's redevelopment.

"It is heartbreaking that hundreds of businesses were ejected from these 23 acres, and yet none of the promised benefits of doing that have come to pass after 10 years," said LoScalzo, who is working on a documentary about Willets Point. "Instead it seems the city has drifted over to other priorities."

City, Wilpons suffer devastating court defeat

From the Village Voice:

After eight years, two lawsuits, countless delays, & three city reversals, the plan for a mall at Willets Point has finally been defeated. And much like the Mets these days, it lost badly.

In a 5-1 decision, the Appeals Court upheld a lower court ruling that held the owners of the Mets could not build a mall on city-owned parkland. The land in question, the former site of Shea Stadium, which was demolished in 2008, is currently the Mets parking lot. A 1961 law allowed that parkland to be used for stadium purposes, a cut-out that a mall would not have satisfied, the court found.

“There is no dispute that the Willets West development is proposed to be constructed entirely on city parkland,” the judges wrote, continuing that the “public trust doctrine,” which dictates the uses for public lands “is ancient and firmly established in our precedent.” Nowhere in the Mets owners arguments, was a mall found to be in line with the public trust doctrine, the court found.

The Mets owners were arguing that by using the mall to fund the remediation of Willets Point (a parcel of land on the other side of their current stadium), and eventually the construction of both affordable housing and a school, the mall was fulfilling the public trust doctrine. The court found that too to be unconvincing, and also didn’t believe the Mets owners were actually going to build the housing or schools.

But wait...these tweeders may not yet be finished! From NY1:

Although the ruling does block the developer from moving forward, the legislature can still step in and intervene.

The legislature would have to vote to use the land for Willets West for non-park purposes. It would also have to find a replacement property to designate as parkland.

Telling it like it is on Willets Point

Letter to the Editor of the Queens Chronicle:

An apathetic public is a hack politician’s best friend. That cannot be said of a group of concerned citizens who took on former Mayor Bloomberg, the City Council, the City Planning Commission, former Queens Borough President Helen Marshall, the Wilpons of the Mets ballclub and their affiliates Sterling Equities and Related Companies, who are for all practical purposes a cabal trying to usurp a large portion of Flushing Meadows Corona parkland that houses a parking field so private developers can construct a 1.4 million-square-foot shopping mall. The Appellate Division: First Department of the Supreme Court of the State of New York, in a unanimous decision, hit a home run in holding the proposed development was not sanctioned by law.

In heralding the court’s decision, the Queens Chronicle’s July 9 editorial, “A major victory, just outside Citi Field,” pointed out the developers’ claim that the 1961 law that allowed the construction of Shea Stadium also authorized the mega-mall was nonsense, as indeed it was.

Equally nonsensical were the claims by the developers that they could not proceed with the 2008 Willets Point plan without the mega-mall to generate the necessary money. The developers are billionaires, and the claim they needed a mall to make money is the height of absurdity. While accepting the 2008 plan, it is evident they never had any intention to pursue it, but only to use it as a wedge for other purposes.

Not only did Bloomberg, the City Council, the City Planning Commission and Marshall approve this charade, but they rewarded the developers with the property for $1, millions in taxpayer subsidies and the right to forfeit $34 million and walk away from any obligation to construct affordable housing, which was the lynchpin in the 2008 plan to begin with. $34 million dollars for these billionaire developers is tantamount to the tip one gives the youngster who delivers your groceries. Make no mistake once they had a mega mall, they would walk. Equally outrageous was Bloomberg’s saying Willets Point was a blight and had to go, when it was the city that caused the blight, collecting sewer rent when there were no sewers and letting the infrastructure fail.

These officials’ complicity in this sordid municipal episode would cause the infamous Boss Tweed to tip his hat in admiration. Mayor de Blasio has remained silent on the subject. There now exists a good opportunity for him to demonstrate to the public whether there be any real difference between himself and Bloomberg.

Benjamin M. Haber
Flushing

Appeals court rules that mall on FMCP parkland violates law

(QUEENS, NY) Today, State Senator Tony Avella, along with the City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners opposed to the “Willets West” mega-mall proposal, announced that the Appellate Division of the First Department issued a historic decision in their favor which will keep parkland public.

The lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal, challenged the give-away of 47 acres of Queens parkland worth an estimated $ 1 Billion to build the "Willets West" mega-mall adjacent to CitiField.

The suit sought a declaratory judgment to invalidate approvals already granted to the project, as well as a permanent injunction to prevent the construction of a megamall on City parkland without the proper State legislative authorization or proper zoning. The Supreme Court of New York had ruled against Senator Avella and Petitioners, and the group appealed last August.

Today, Senator Avella, along with appellants, declared that the appellate court had announced its ruling in favor of Petitioners. In a unanimous decision, the appellate court granted injunctive relief and declared that the development can go no further without state legislative approval.

“Today’s decision sends a message loud and clear – our parks are not for sale. The fact of the matter is, this land was intended to be parkland, not the development of a shopping mall. In a city where public land is in short supply, simply handing parkland over is a betrayal of the public trust. The court has affirmed what we have been fighting for all along, and I am thrilled to see this decision come down on the side of justice,” said Senator Tony Avella.

“I am very pleased that the Appellate Division, in blocking the development of a shopping mall on parkland next to Citifield, has upheld the ancient common law doctrine that requires any government agency to obtain the approval of the State Legislature before disposing of parkland. This extra layer of protection for parkland has evolved in recognition of the fact that parkland is a scarce and precious resource. It makes it a little bit more difficult for our government to give such land away. It makes sure that we think twice before doing so, no matter how worthy or expedient the proposed project may be,” said John Low-Beer, Attorney for the Petitioners.

“We’d like to thank Senator Avella for being part of this important suit. This decision confirms first that our parks are for our people, and second that city government must comply with the law, just like the rest of us. There are many people who have contributed enormously to this effort. The City Club of New York is delighted to have been instrumental in launching this case, together with Senator Avella, Save Flushing Meadows Corona Park, Queens Civic Congress, Willets Point United, and many other civic organizations and local residents, and in particular, the wonderful group of Plaintiffs” said Michael Gruen of the City Club of New York.

“Since 2007, we have battled the City at all times over its plans for Willets Point, which expanded in 2012 against the community’s wishes to include the gigantic proposed ‘Willets West’ mall on public parkland,” “Today the Appellate Division agrees with what we’ve said all along: The City and developers failed to follow lawful procedure and now as a result their whole project cannot proceed. If Queens residents knew as much as we do about the horrendous traffic gridlock and other negative impacts of this Willets West/Willets Point Phase One project, they would be celebrating this court victory together with us. Today’s court decision absolutely vindicates all of our efforts and strengthens our resolve to continue challenging and opposing bad development propositions for our area. We’re especially thankful to Senator Avella, who has always done right by his constituents, City Club of New York which spearheaded the lawsuit, and stellar attorney John Low-Beer,” said Gerald Antonacci, leader of Willets Point United.

"We are very pleased with the decision case. It is disgraceful that these developers are attempting to seize 48 acres of public parkland and the Mayor and City Council supported it,” said Geoffrey Croft, President of NYC Park Advocates, Plaintiff.

“The Queens Civic Congress is thrilled that justice has finally been served and Flushing Meadows Corona park will remain available for use by the people of Queens. QCC, as a party to this action is deeply indebted to Senator TonyAvella, our fellow parks advocates and especially to the City Club and its attorneys for their diligent hard work in making this happen,” said Richard Hellenbrecht, Vice President of Queens Civic Congress.

“The entire premise of this parkland having to be developed in order for the rest of the Willets Point development to be completed was proven wrong in this decision. This shows that the taking of public land cannot be used for private gain,” Paul Graziano, Plaintiff and Urban Planner.

Judge questions developers' sweetheart Willets Point deal

From the Daily News:

A judge for a state appeals court questioned the city’s plan to build a mega-mall on parkland in Queens, raising a concern that developers were getting an overly sweet deal.

Officials helped win over the City Council for the $3 billion Willets Point development in 2013 — which is slated to include a 1.4 million-square-foot shopping mall and a hotel near Citi Field — by upping the amount of affordable housing included in the project.

But one of the appellate panel’s judges said Wednesday she feared the relatively modest $35 million penalty that developers would incur if they don’t build the housing isn’t enough to see it through.

She said she was concerned that the deal could be a “win-win for developers and owners of malls.”

“We have a lot of those,” the judge said.

Protest against Flushing Meadows megamall

Senator Tony Avella hosted a Press Conference today with residents, small business owners, park users, civic groups, legal advocates, community members and petitioners in support of the lawsuit that was recently filed challenging the give-away of 47+ acres of Queens parkland worth $ 1 Billion to build the "Willets West" mega-mall.

The groups met Senator Avella at the intersection of Roosevelt Avenue and 114th Street in Corona. Everyone then marched down, chanting “Parks are not for sale,” to a close by location on Roosevelt Avenue, overlooking the proposed site for the Mega-Mall, which is currently the CitiField Stadium parking lot.

“We stand here today to say NO to park giveaway for a billion dollar development in the City of New York,” stated Senator Tony Avella. “Community members who have gathered here today all represent many different neighborhoods throughout the entire borough of Queens, all of whom are extremely upset over the Willets West mega-mall proposal. This was a true Bloomberg era back-door policy which slipped under the radar and had virtually no community input. How can we allow such a blatant parks land grab? And without any required review or oversight. The city should be ashamed for allowing this to pass despite stern and outspoken community opposition. I am proud to stand here with these groups to say STOP. Stop the illegal land grab, stop the illegal taking of our parks.”

Mr. Geoffrey Croft of Parks Advocates stated, “Quite simply, this deal was an abuse of power. Mayor Bloomberg has so far been able to successfully seize the power from the old Board of Estimate which enabled the project to bypass ALL legal approval process. No official vote from anyone except the Mayor who gifted OUR public park away to one of the City’s most successful developers. No More! This is public parkland, this is not a dispute. It does not belong to Bloomberg or the developers – it belongs to the people of the City of new York and it must be protected. The parkland was never alienated. The City simply does not have the right to seize this parkland for these non-park purposes without the consent of the State Legislation. Parks belong to the People, NOT to private corporations.”

Mr. Richard Hellenbrecht, President of the Queens Civic Congress stated, “The Congress strongly opposes any further alienation of parkland in Flushing Meadows Corona Park. The Willets West mega mall proposal is yet another gross overreach of the former Bloomberg administration. The mall will not only remove public space that is used for numerous events like circuses and disabled sports, but would create competition to nearby malls and especially harm local mom and pop stores, already struggling to stay in business.”

Mr. Michael Gruen, President of the City Club of New York added, “The City Club is very pleased to participate in this important case and to underscore that great parks are currently under grave threat in the borough of Queens and throughout the City, not just Manhattan. We must do what we can to stop the shopping mall!”

Mr. Paul Graziano, a longtime civic leader from North Flushing and co-founder of Save Flushing Meadows-Corona Park, stated his steadfast opposition to the proposed mega-mall on parkland.

"This project represents everything that's wrong about development in New York City," Graziano said. "When billionaire friends of former Mayor Bloomberg can pervert the land use process in order to steal over 40 acres of our parkland for private commercial development - without so much as a public hearing - it is our duty as citizens and taxpayers to stop what will clearly be a terrible scenario should this be allowed to proceed. This park is the backyard, the recreational space for tens of thousands of people every weekend. While this particular part of the park is used for parking, it is also used for many other park purposes during the year. The city should be spending money helping Roosevelt Avenue merchants revitalize their commercial district, rather than giving away a piece of our public parkland valued at over $1 billion dollars."

Mr. Marty Kirchner from Queens Neighborhoods United further explained that, “The construction of a massive commercial retail center on public parkland is the anchor piece of an expansive developer-led urban overhaul of the immigrant neighborhoods of Corona, Elmhurst, Jackson Heights, and Flushing. Flanked by the simultaneous rezoning of commercial corridors near the expected site of the mall, and the proposed formation of a large-scale Business Improvement District along Roosevelt Avenue, the sprawling Willets West mega-mall and its related development projects will cause such dramatic rent hikes and traffic congestion as to permanently displace ethnic small businesses and immigrant working families from the surrounding area.”

Mr. Benjamin Haber, a long time parks activist, stated “Today’s New York Times reports Mayor de Blasio’s appointment of Mitchell Silver as the new Commissioner of Parks. He described Mr. Silver as a visionary who shared his commitment to making sure that parks work for all our people. Actions speak louder than words, Mr. Mayor. Bill de Blasio now has the opportunity to distance himself from Bloomberg’s abysmal record and to not contest the pending lawsuit that would require compliance with ULURP and legislative approval for park alienation.”

All of the speakers, including Senator Avella, are petitioners in a pending lawsuit filed against the City of New York which seeks a declaratory judgment to invalidate approvals already granted to the project. The lawsuit also seeks a declaratory judgment for a permanent injunction to prevent the construction of a megamall on City parkland without respondents having obtained required State legislative authorization and without respondents having obtained any zoning for this un-zoned park area.

The petitioners named in the lawsuit also include not for profit organizations, taxpayers, businesses in Willets Point and on nearby Roosevelt Avenue, as well as individuals who are user of Flushing Meadows Corona Park and whose residences overlook the portion of the Park at issue; all of whom stand against the mega-mall project.

Senator Avella concluded, “We now call on Mayor Bill de Blasio to tell us if he really meant what he said during his campaign because once you take away this park land, you can never bring it back again. By allowing developers to build a mega-mall at this location, the City will also take away countless jobs, as they have already started doing at the nearby Iron Triangle with respect to auto shop tenants, and cause a tremendous burden on the local mom and pop stores in the area. PARKS are simply NOT FOR SALE.”

Because 23 acres for $1 just isn't enough corporate welfare

From the Daily News:

The developers of a mega-mall slated to rise on the parking lot at Citi Field are seeking almost $43 million in tax breaks, but opponents of the project — including many auto body shops in the area — argue they should get no breaks at all.

The city will hold a public hearing on Thursday to evaluate the request for the exemptions for the $3 billion Willets Point redevelopment, which includes the one-million-square-foot mall and housing.

The city plans to sell the 23-acre site near Flushing Meadows-Corona Park for $1 to the Queens Development Group, which is composed of Sterling Equities and Related Companies.

The city’s Industrial Development Agency will decide whether to grant the tax breaks to the group on Tuesday — and there is plenty of opposition. “This whole thing has been a disaster from beginning to end,” said state Sen. Tony Avella (D-Bayside.) “How do you justify (giving) tens of millions of taxpayer money when you’re selling the property to the developers for a dollar?”

Sorry, that $43M is needed for the NYS Pavilion. Take a hike.

The land that the Wilpons' mall will be built on is parkland that was never officially alienated, and is basically being handed over as part of the $1 package deal. The city can point to an outdated Robert Moses contract mentioning the Board of Estimate, but I can see this ending up in court.

Here's Tony Avella's testimony on the matter:

Testimony for NYC Industrial Development Agency Straight Lease Transaction for Willets Point Development

Selling off public parkland is now common practice

From City Limits:

The audacity of the mayor's final development campaign has been unprecedented. "I can't recall any comparable push by lame-duck mayors to cement their ‘legacies' with such chutzpah," says Tom Angotti, a professor of urban planning at Hunter College. Angotti had worked in city government under Koch, Dinkins, and Giuliani, and he was on the inside when two of those administrations drew to a close. "It really does seem that Bloomberg is trying to make it difficult for the next mayor to take a different path," he says.

But will the next mayor take a different path? The candidates have their own ideas, but both de Blasio and Lhota would essentially build on Bloomberg's development agenda, supporting such current initiatives as the rezoning of Midtown and the expansion of public-private partnerships in parks. De Blasio has even said the Flushing Meadows soccer stadium is "worth discussing" if the league provides funds to fix up the rest of the park. Both candidates would allow new construction on public-housing property, though de Blasio insists any towers must contain affordable housing and Lhota says developers would not be allowed to take playgrounds.

Also from City Limits:

While Manhattan and Brooklyn have ended up with some showplace parks, no one is interested in operating, say, Highland Park on the Brooklyn-Queens border or Ferry Point Park in the Bronx. Donald Trump has struck a deal to take about half of the 413-acre Ferry Point to build a private club and a "world-class" golf course on what had been a garbage dump , but he won't be sharing the revenue with the park, and it's unlikely the patrons of his luxury facility will be the residents of the neighboring public housing project.

Even middle-class and well-heeled areas have been forced to pick up the slack, with volunteers maintaining such parks as Juniper Valley Park in Middle Village, Queens, and Dag Hammarskjold Plaza in Manhattan, right across the street from the United Nations. Half of the city's 1,800 parks and playgrounds now depend on some type of private group to at least chip in on maintenance, according to the Parks Department, but many, if not most, of these groups struggle.

Some people, like Public Advocate and mayoral candidate Bill de Blasio, have pinned their hopes for more equitable parks funding on legislation proposed by state Senator Dan Squadron that would create a Neighborhood Parks Alliance to take 20 percent from the budgets of large park conservancies and distribute that money to the parks most in need. "It will make for a fairer city," says de Blasio, "and I think it's a great idea."

But the proposed alliance would be blocked from accessing a large part of the nonprofit funds, says James J. Fishman, a professor at Pace Law School. Endowments would be off-limits, and if donors make restricted gifts, then that money can't be diverted to another use. Nonprofit-law experts consulted by City Limits say the legislation is sure to face legal challenges.

Fact is, the proposed fund would draw from the same private-money system that led to the great disparities it seeks to correct, and the redistribution of money simply won't be enough to right the deeper wrongs. There is no such thing as a free lunch: Taxpayers still cover a portion of the budgets for even the biggest park conservancies, and that means they would end up funding the Neighborhood Park Alliance too. In the end, most public parks remain the responsibility of the public.

Though Ferreras compared her new nonprofit to the Central Park Conservancy and the Prospect Park Alliance, she had created a new model, funded not by philanthropic contributions but by extracting money from businesses that want parkland.

When Ferreras told City Limits of her plans to ask the Willets Point developers for money, she listed other businesses located in the park, including the Mets and the Terrace on the Park banquet hall, noting that all of these businesses already operate under agreements with the city—the Terrace on the Park, for example, pays the city $2.5 million a year, or $100,000 more than the U.S.T.A.

But some park advocates fear Ferreras's forging of separate deals will now set a dangerous precedent, encouraging more development in underfunded parks. The Willets Point deal was "shameful," according to Richard Hellenbrecht, president of the Queens Civic Congress, an umbrella organization of 106 civic and community groups. The Congress opposed the mall plan not only for its taking of parkland but for the harm it could cause to local small businesses, not to mention the likelihood of more traffic and congestion.

"It's taking parkland, mapped parkland," Hillenbrecht says of the "Willets West" shopping mall. "It makes me angry. I worry about this in a lot of ways, and it upsets me that it could have been approved so quickly, ignoring all the concerns of Queens residents. We're going to have a new administration in a few more months. Why couldn't it wait?"

Several community groups have told City Limits they're contemplating a lawsuit over the city's claim that the shopping mall is permitted under a 1961 law that allowed for the financing of Shea Stadium. They claim the administration wants to avoid the burden of alienating that parkland, which would require state legislation to strip the land of its legal protections. Alienation legislation mandates the replacement of lost parkland or a payment for other park improvements equal to the land's fair market value.

As for the combined $25.5 million for Flushing Meadows from the mall and tennis projects, more than half of it will be spent on one-time capital improvements while the rest gets spread over two decades. That might sound like a lot of money, but it amounts to an annual $550,000 over most of the life of these two deals.

"That really won't do much," Hellenbrecht says. "It might pay for some more staffers, but not many. It's not enough to make a dent in what needs to be done, either operationally or even capital-wise. It's better than nothing, but I'd rather not have somebody taking parkland."

Sterling/Related dishonest about Willets Point remediation plans

From a letter posted by Willets Point United to NYC Council Members:

Thorough remediation of Willets Point property has always been touted as an alleged benefit of this proposed development. Sterling/Related have even tried to create the impression that the remediation of Willets Point property is such a benefit, that the public should tolerate the drastic changes that Sterling/Related want to impose on the redevelopment plan that was approved in 2008. But now we find that Sterling/Related are even deceiving us concerning the remediation.

Sterling/Related have said that they are enrolling the project into NYSDEC's Brownfield Cleanup Program ("BCP"). But what Sterling/Related have not publicly said, is that they are deliberately excluding from the BCP certain notorious property that, by the developers' own reasoning, may be most in need of remediation and most deserve NYSDEC scrutiny pursuant to the BCP.

We understand that Willets Point Phase One property that is not owned by the City cannot be enrolled in the BCP at this time. But the City claims to already own 95 percent of the Phase One property. All of the City-owned lots within Phase One that Sterling/Related intend to develop should be included within the developers' pending BCP application. But that is not the case. Numerous City-owned properties located within Phase One – lots which Sterling/Related fully intend to develop – are mysteriously excluded from Sterling/Related's BCP application.

For example, Block 1824, Lot 1 – a relatively large property – is already owned by the City, but Sterling/Related have deliberately omitted it from their BCP application. Compare the attached maps depicting the intended Willets Point Phase One development excerpted from the Final Supplemental Environmental Impact Statement (showing Assemblage Options 1 and 2), both of which include Block 1824, Lot 1, with the next attached map excerpted from Sterling/Related's BCP application, specifying which blocks and lots Sterling/Related intend to enroll in the BCP, which mysteriously excludes Block 1824, Lot 1.


It so happens that Block 1824, Lot 1 was for several decades the location of Sambucci Bros. Auto Salvage – an automobile wrecking and dismantling businesses that handled a large quantity of vehicles. By Sterling/Related's own reasoning, property with a history of such use is exactly the kind that should be most in need of remediation – and that the public wants to be assured will be remediated to the high standards of the BCP Certificate of Completion, and nothing less. Yet, Sterling/Related have deliberately omitted this property from their BCP application, so that it will be excluded from the BCP. Why?

In addition to Block 1824, Lot 1, other properties that are owned by the City and intended to be developed by Sterling/Related are also deliberately excluded from Sterling/Related's BCP application, such as Block 1824, Lot 12; Block 1824, Lot 21; Block 1824, Lot 28; Block 1825, Lot 55; Block 1826, Lot 1; and Block 1826, Lot 31. Online City records indicate that the City acquired all of those lots long before Sterling/Related submitted their BCP application to NYSDEC.

It is not in the public's interest for Sterling/Related to cherry-pick certain Phase One properties – especially properties whose prior uses fit the profile that Sterling/Related allege requires extensive remediation – and deliberately omit those lots from the BCP application so that they are excluded from the BCP, and so that no Certificate of Completion for those lots will be issued by NYSDEC pursuant to the BCP.

Sterling/Related have never publicly explained why they are deliberately excluding certain properties – including the former Sambucci Bros. Auto Salvage site – from the BCP; nor have they even publicly admitted that they are doing so.

To the contrary: Sterling/Related's representative testified to the City Council on September 3, 2013 that "we're gonna clean our 23 acres; we have enrolled this project into the New York State Brownfield Cleanup Program" – creating the false impression with the Council that all of the affected Phase One properties will undergo the program.

Withholding property from the Brownfield Cleanup Program should be the last straw – a clear warning to decision-makers that this development, which is supposed to remediate property once and for all, is not being properly implemented. It is bad enough that Sterling/Related have already compromised the affordable housing, the schedule, the new Van Wyck ramps, 30+ acres of Queens parkland, and so much else. It is too much to allow them to also compromise the remediation that is literally at the foundation of this project.

The pending ULURP application of Sterling/Related has obviously been rushed to coincide with the end of Mayor Bloomberg's final term, and the integrity of the Willets Point project originally approved by the City Council in 2008 has been sacrificed. None of that is necessary. Denying this ULURP application of Sterling/Related will allow the next City administration to take a fresh look at this project, and to ensure that its goals – including thorough remediation of property – are respected, not evaded by a developer.

Marshall demands taxpayers build ramps for Wilpon's shopping mall

Save FMCP has a copy of the Borough President's ULURP decision with respect to the Mets shopping mall on mapped parkland.

QBP WilletsWest ULURP by Save Flushing Meadows-Corona Park

Here are the highlights:

- "There were 2 speakers in favor and 20 speakers opposed to the application" at the Borough President's hearing.
- "Phase 1A/1B will be a $3 billion dollar private investment..." Okay, but the mall first has to turn a profit and recoup this money before "affordable housing" - which is used interchangeably with "low-income housing" will be built. In other words, nothing will happen after the mall.
- "The full buildout and impacts of this construction will occur over the next few decades." Hmmm. I thought this was all supposed to be done by 2025. Sounds more like 2125 now.
- "Funding must be committed to the design and construction of the Van Wyck Expressway Access Ramps." That's right, Helen is demanding that our tax dollars be used to build ramps so that the Wilpons can build a shopping mall in a public park.

Building a mall not the walk in the park the Wilpons think it is

We've been hearing that some "ironclad" agreement between Robert Moses and the Mets allows for the Wilpons and Related to do pretty much whatever the hell they want with the public parkland next to CitiField, but the Urban Justice Center sent a letter to their lawyers that explains why that isn't the case.

From Willets Point United:

Urban Justice Center letter to Sterling-Related

This is just starting to get interesting, folks!

By the way, Flushing Meadows recently lost 358 acres...

CB3 almost unanimously votes down Mets shopping mall

From Willets Point United:

By a wide margin of 30-1 (plus 1 abstention), CB3 voted on Thursday night to disapprove the proposed "Willets West" mall / Willets Point development. The landslide vote endorsed the earlier recommendation, on Tuesday night, of several CB3 committees, and took place after a public hearing on the matter. Reasons for CB3's disapproval include the project's huge and unaddressed traffic congestion and related negative impacts, failure to prioritize housing and a school, overcrowding of subway and bus lines as a consequence of the project, and disregarding the Advisory Committee and Queens officials when selecting the plan and the developers. CB3 concluded: "The proposed project would change the character of the surrounding neighborhoods and impact the livelihoods of 250,000 residents and many small mom-and-pop businesses."

Likely aware of the committees' Tuesday recommendation to disapprove the project, no representative of developers Sterling Equities and Related Companies, or the city, bothered to attend the Thursday night public hearing.

Although CB7 voted last week to approve the same development project by a very slim margin of 22-18 (notoriously, after the CB7 committee had rejected it the week before by a vote of 7-2), the city's Uniform Land Use Review Procedure ("ULURP") entitles other affected community boards to also evaluate a land use application that "may significantly affect the welfare of the district or borough served by such board". CB3 has exercised that right, and decided to disapprove the application. So at the moment, the Willets West mall / Willets Point development has been approved by CB7 by a very slim margin, and rejected by CB3 almost unanimously. ULURP does not give any greater weight to any particular community board's recommendation – so both boards' recommendations must be equally considered by the next decision-makers.

Kind of funny how one community board bent over backward to ensure a "yes" outcome, while another boldly voted "no".

23 acres of prime real estate for $1!

Once upon a time, there was a billionaire that took control of a city. Everyone did whatever he wanted and did not challenge him. He used lots and lots of taxpayer money to buy up land across the street from a stadium run by his fellow billionaire buddies. Then he sold it to them for $1. He also gave them $100M in taxpayer-funded city grants to build a mall. Even though one of his deputy mayors promised that the stadium owner would pay for the total cost of remediation of the land - that, if truly contaminated, hurts no one because no one lives there (save for a man that lived more than 80 years of his life there) - he put a cap on how much remediation cost the stadium owner would be required to pay at a fraction of the expected total.

Now lots of people work there, so to help his minions in the legislative body save face, the billionaire made his buddies promise to build affordable housing. But, the affordable housing has to wait for highway ramps to be built by the taxpayers more than a decade from now, even though the stadium owners can build them themselves in a shorter timeframe. Oh, but the wording of the contract was changed to make sure they don't really have to build housing at all...

Then there's the free parkland they're going to build their mall on.

To make a long story short, after crying over Madoff, the Wilpons are now laughing all the way to the bank at our expense.

How do I know all this? It's in this week's Queens Chronicle. I suggest you read Joe Orovic's excellent expose and then call up your elected officials and ask them if they think the "fool me twice" saying applies here.

Willets Point plan certified by city planning commission

From the Daily News:

The city kicked off its formal review process of the mega development at Willets Point on Monday.

The City Planning Commission certified changes to the zoning for the commercial and retail project near Citi Field, initiating the public debate among stakeholders in the upcoming months.

The Queens Development Group, a joint venture between the Related Cos. and Sterling Equities, will present its plan in the coming weeks to develop 23-acres of the Iron Triangle to Community Board 7, the Queens Borough President’s office and the City Council.

One of the centerpieces of the first phase of development, Willets West, will erect a 1.4 million-square-foot mall on the current Citi Field parking lot.

Which is mapped parkland that can't be developed unless there is a home rule vote by the City Council to alienate it, followed by a vote up in Albany, with compensation for the loss of parkland. (The EDC is trying to say that a 1961 agreement that Robert Moses made with the Mets means that this process is not required, but this argument will be legally debunked.)

One would think that the City would reclaim the land for park use if the Wilpons don't need it for parking anymore. But this is corrupt NYC, so development of every last inch - even where it is forbidden - is encouraged.

Prediction: This will end up in court with the City losing.

Following in Hiram's footsteps

Letter to the Editor (Queens Chronicle):

The Chronicle’s admonition to City Councilwoman Julissa Ferreras to reject the proposed soccer stadium in Flushing Meadows Corona Park, while well intentioned, will in my opinion fall on deaf ears (“Preserve, don’t pervert, Flushing Meadows,” Editorial, Feb. 28).

Ms. Ferreras has stated she would support the USTA’s expansion in FMCP, a Major Soccer League stadium in the park and the Mets owner Wilpon’s proposal to build a huge shopping mall on its current parking lots, which like Citi Field are on parkland, provided these three commercial entities set up a fund for the benefit of the park. In the depths of the Great Depression of the 1930s, New York City did not sell, barter or alienate public parkland for economic reasons and there is no justification to do so at this time.

If it walks like a duck, quacks like a duck, it is a duck. A contribution to a fund is a sale of public parkland in sheep’s clothing. What Ms. Ferraras fails to understand is that there is a difference between a philanthropic contribution from a civic minded person who seeks nothing from the park other than possibly name recognition and commercial entities who want parkland often free of charge and with taxpayer subsidies. The USTA, MSL and Mets all fall into the latter category and Ms. Ferreras’ proposal simply sanctions another unwarranted sale of precious public parkland and must be rejected. Ms. Ferraras’s proposal makes her a member in good standing with inept politicians who complicit with a disgraceful and unprofessional Parks Department have been abusing FMCP and the public be damned.

If Ms. Ferreras wants to be judged as worthy of her office, she should withdraw her absurd proposal and publicly oppose all further commercial intrusions in the park and that includes the USTA, MSL and a Mets mall. She should be in the forefront demanding the city and Parks Department stop treating FMCP as real estate and take proper care of the people’s park.

If Ms. Ferreras and far too many politicians prefer to treat FMCP as real estate and not a park, they should own up to it and press the city to de-list it from the municipal park system and turn it over to the city’s real estate department. The city could then sell it on the open market for hundreds of billions of dollars, an amount that would balance our city budget for years. I do not approve of such a drastic measure, but it may in the long run not be any worse than the ongoing gradual desecration of the park.

I take issue that since the three proposals involve portions of FMCP that are in Ms. Ferreras’s council district, her decision carries greater weight. This is nonsense. We are not talking about the corner grocery store that may require a variance, but a city park. The park does not belong only to the residents in Ms. Ferreras’s district, and not just the residents of Queens, but to all the residents of New York City. Any council member who blindly follows Ms. Ferreras is not pursuing his or her sworn duty to all the residents whose taxes pay their salaries and perks.

Benjamin M. Haber
Flushing

Renderings of giant soccer stadium released

A couple of not-so-pleasant surprises from our friends over at Save Flushing Meadows-Corona Park:

1. The Wilpons are likely building their own power plant as well as a sewage treatment plant as part of the Willets Point project.
2. The design for the secret MLS soccer stadium (that has no team) has been revealed, and it is quite gargantuan and ugly.

Wilpons thought casino idea was a home run

(Click on image to enlarge) Photo By Geoffrey Croft/NYC Park Advocates

From the NY Post:

The Mets’ owners want to roll the dice on building a Las Vegas-style casino next to Citi Field to recoup some of the $162 million for which team brass are still on the hook following the Bernie Madoff Ponzi-scheme debacle, plans obtained by The Post reveal.

While team owners Fred Wilpon and Saul Katz are still having trouble opening their tight pockets for high-priced free agents, that didn’t stop their development arm, Sterling Equities, from betting on a proposal that called for bringing a massive casino with gaming tables and slots, a 500-room, full-service hotel, 1.8 million square feet of retail and other amenities to the Willets Point development site in Queens.

The Southampton-based Shinnecock Indian Nation signed on to operate the casino, and the Wilpons and partners even offered the city $100 million for the 62-acre site, according to the development team’s proposal, which was first obtained by project opponents Willets Point United and NYC Park Advocates.

With live-dealer casino gambling currently illegal in New York, except on tribal lands, the Wilpons and partner Related Companies were awarded a consolation prize.

In June, the Bloomberg administration handed them 23 of the 62 acres of city-owned land they sought in the September 2011 casino proposal — most of which is now used for parking — to build a $3 billion retail and entertainment complex without a casino.

City officials pulled the casino from the Willets Point plan partly because they thought the government-approval process would take too long, sources said. However, a city spokesman declined to comment when asked if the city would push for a casino there if the state Legislature eventually backs it.

More from NYC Park Advocates and Willets Point United.

Basically, the City was and is willing to condemn Willets Point for parking lots.

Leroy's rolling in it

From the Times Ledger:

City Councilman Leroy Comrie (D-St. Albans), chairman of the Council’s powerful Land Use Committee, has drawn some interest from real estate industry donors in his campaign for borough president.

Comrie’s financial disclosure for the race was filed nine days late with the City Campaign Finance Board, due to what the councilman said was a technical difficulty. The results now show he received about 17 percent of his donations from the real estate sector, the second-highest percentage of candidates in the race. The borough president has an advisory role in zoning, variance and land use applications in the borough.

Comrie is facing off against a Democratic field that includes state Sen. Tony Avella (D-Bayside), Director of Community Boards Barry Grodenchik, former Councilwoman Melinda Katz, Sen. Jose Peralta (D-East Elmhurst) and Councilman Peter Vallone Jr. (D-Astoria), all who hope to take the spot of Borough President Helen Marshall.

Comrie received some donations from heads of citywide developers like the Durst Organization, where four people gave Comrie a total of $2,000. The only other Queens borough president candidate members of the Durst Organization donated to was Katz.

Two developers looking to expand in Flushing Meadows Corona Park chipped into Comrie’s war chest. The owners of the New York Mets want to build a 1.4 million-square-foot mall near Citi Field, and the United States Tennis Association is hoping to expand its Flushing digs. David Howard, executive vice president of the Mets; Jeff and Richard Wilpon, owners of the Mets and Sterling Equities; and Gordon Smith, executive director of USTA, gave Comrie a total of $1,140, according to the board.

Higher-ups from other developers, including Muss Development and Vornado Realty Trust, also gave Comrie cash.

Comrie also received donations from Queens attorneys who handle land use cases that go through the borough president’s office, including Eric Palatnik and Sheldon Lobel.

One of Comrie’s competitors, Vallone, received about 14 percent of his donations from real estate interests, but his total of $23,000 was more than Comrie’s roughly $19,000.