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Appeals court clears way for Upper East Side transfer station

6/8/2011 COMMENTS (3)

NEW YORK, June 8 (Reuters) - An appeals court has cleared the way for New York City to build a new marine waste-transfer station on the Upper East Side of Manhattan.

The Appellate Division, First Department, ruled on Tuesday that the city doesn't need legislative approval for the access ramp and transfer station currently planned for a site at East 91st Street and the East River.

The decision upholds a lower court's ruling that Asphalt Green and Bobby Wagner Walk are not public parks subject to the Public Trust Doctrine, which would require the city to get legislative approval before intruding on them for non-park purposes.

Asphalt Green is a recreational complex with a swimming pool, a gymnasium and a playground, according to court papers. Seventy percent of the time, the public's access is restricted to people who pay "substantial membership fees," the decision said. The Department of Transportation owns Bobby Wagner Walk, which functions primarily as a thoroughfare, distinguishing it from a park, the decision said.

The proposed station is part of a solid-waste management plan that would allow some of Manhattan's waste to be containerized on site, making it suitable for barge and rail export, court papers said. Construction is slated to begin next year, city officials said.

Opponents of the transfer station, including former Assemblyman Adam Clayton Powell IV, originally sued in 2006, claiming that the city failed to analyze the impact that would result from the demolition and construction, and failed to seek legislative approval.

"From the beginning, this case has had no merit and this has now been confirmed twice by the courts," said Jane Gordon of the New York City Law Department, who represented the city in the state appeal.

Howard Epstein, a partner with Schulte Roth & Zabel, said the plaintiffs are considering their options.

"We think that anybody who's ever been to Asphalt Green or who's gone on the Parks Department's website has to be confused by the Parks Department's and the city's position that it's not a park," Epstein said.

Asphalt Green has the largest all-weather field in the city, and thousands of children learn how to swim there every year, he said, and added that it also functions as a playground for many local schools.

"The relative proximity of the operation to where these kids are playing is something that we thought was appropriate for the legislature to review," Epstein said.

The appellate case is Adam Clayton Powell IV et al v. City of New York et al, New York Appellate Division, No. 48465-108220/06.

For Powell et al: Howard Epstein of Schulte Roth & Zabel.

For the city: Jane Gordon of the New York City Law Department.

(Reporting by Jennifer Golson)


Comments (3)

6/16/2011 9:00:18 PM by gbgross1

What I don't get is that: 1) There are Department of Parks insignias throughout Aspahlt Green's ahtletic fields and playgounds. 2) Bobby Wagner Walk is referenced on its website as a facility of the Department of Parks. 3) On a daily basis hundreds of children and adults, who do not hold proivate Asphalt Green Memberships, use all of the ahtletic fields and playground facilities which are open to the public. This is not a private restricted facility. The grounds are open to the public for appropriate athletic use. 4) Neighborhood public schools use these facilities for field days as well as general ahtletic facilities. 5) The proposed construction site and garbage truck ramp bisect the parkland. Department of Parks parkland. 6) If construction begins and these parklands are turned first into construction sites and then into garbage depositories they will cease to exist as viable department of parks parklands. 7) The affluent families will leave and the less fortunate will remain. How does a judicial decision deny that official Department of Parks parklands are really Department Parks Parklands...nd how does that decision then state that a facility is overwhelmingly private when it is open to the public. The contention that it is 70% private is just not true. The use of the outdoor facilities appears completely public. The neighborhoods vibrant and diverse nature will not survive the blow of this brutal and absurd invasion. It is time to seriously explore viable alternatives which will not impact dense residential neighborhoods. Such alterntives have been proposed by community members. Bloomberg's administration has thus far refused exploration of viable alterntives.

6/12/2011 8:59:28 PM by efriedman13@nyc.rr.com

It makes no sense that, for example, the High Line is considered a park, but that the appellate division, first department, has found that Asphalt Green and Bobby Wagner Walk are not "parks." Jennifer Golson should come to the rally at 6 pm on Wed. June 15, at Asphalt Green's basketball courts, to see for herself the absurdity of this ruling. It's my bet that plaintiffs will appeal, and will win on appeal. In any event, this marine transfer station, which is nothing but a garbage dump, with its chemicals, noise, pollution and toxicity, has no place in a residential neighborhood, and certainly not in the midst of Asphalt Green, where tens of thousands of children and adults, citywide, use the facilities each year.

6/12/2011 10:23:16 AM by epodoliam

Saving the park is a major goal of the fight against this marine transfer station, but it's also about so much more. Where is the environmental justice in putting an enormous waste facility - with its endless (24-6) line of idling garbage trucks - in a densely populated residential neighborhood that already has the worst air pollution in NYC? TWO 80% minority public housing projects are 300-600 feet away. Is the poisoning of this community going to be the trade-off for public housing and the ability to use Asphalt Green? Please cover the rally at 6pm on Wednesday, June 15th, at Asphalt Green's basketball courts.


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