A coalition of community-based civic and environmental groups 
opposed to the commercial encroachment of Flushing Meadows-Corona Park.
SAVE FLUSHING MEADOWS-CORONA PARK!
  • Home
  • Press/Media
  • Blog
  • About Us

Sen. Avella, City Club, Others Sue to Stop Megamall in Flushing Meadows Park

2/10/2014

 

Notice of Petition & Petition

            State Senator Tony Avella of Whitestone, Queens, The City Club of New York, park advocacy groups, and an array of residents and business people neighboring the Flushing Meadows-Corona Park, filed suit today to cut off the threat of construction of a 1.4 million square foot shopping mall within the Park.

            The complaint alleges that the project cannot proceed without approval by the State Legislature under the “public trust” doctrine that protects all parkland throughout the State against any form of transfer or introduction of non-park uses without consent of the Legislature.  It does not appear that any such approval for the shopping center use has been requested or obtained.

            The complaint also alleges violations of the City’s Zoning Resolution and  Charter, and seeks annulment of approvals granted by the City to date for the related Willets Point plan.

            The site is 30.7 acres near the northerly end of the Park.  From 1964 to 2006, the site was occupied by Shea Stadium.  When Shea was demolished and replaced in 2009 by Citi Field at a location slightly east of the Shea site, the project site became a parking field for visitors to Citi Field.  The site has also been used for a variety of public recreational events including foot races, circus performances, an annual wheelchair baseball game, and concerts.

            In 2012, Sterling Equities and the Related Companies, both well-known developers, convinced the Bloomberg administration to allow the shopping mall on Park property, although the City Council had approved a plan in 2008 to place the intended retail development in the neighboring Willets Point development project along with affordable housing.   

            The project has moved forward without the customary public review.  There have been no hearings on it before community boards, the Planning Commission, the City Council, or the State Legislature.  The Bloomberg administration appears to have acted on the assumption that no public review is required because in 1961 the State Legislature approved construction of Shea Stadium and provision for parking, with wording broad enough, say proponents of the project, to allow replacement with a shopping center.  The Supplemental Environmental Impact Statement for the project on the parking field declares that the parcel is on designated parkland and that legislation permits the shopping mall project.  It lists approvals that the City and developers expect to seek, but State legislative approval is not among them.

             The contention that the 1961 law exempts this transaction from the public trust doctrine, says John Low-Beer, one of the plaintiffs’ lawyers, is wrong.  “The 1961 law was intended to allow a stadium and uses directly related to a stadium, such as parking, concessions, and other commercial activity typically incidental to a professional sports arena.”

            Low-Beer adds that the 1961 law “says nothing about a shopping center.  In fact, the Legislature explicitly prohibited any purely commercial uses other than ones strictly related to the stadium, such as concession stands.  The public trust doctrine requires that any legislative consent be very specific about what it will allow.  If it doesn’t specify a use, then that use is not permitted.”

            Senator Tony Avella stated that “Parks are intended to serve the people, to provide open space, landscaping, opportunities for recreation, playgrounds for children, and escape from the hordes and noise of a busy commercial city.  The only commercial uses that belong in them are those, such as snack stands, that enhance the park experience.  A shopping center is not one of them.  We have a wonderful law that is supposed to assure all of this, known as the ‘public trust doctrine.’  I’m outraged when the people who are supposed to administer parks for everyone turn them over to private interests without seeking the State Legislature's consent as the public trust doctrine requires.  So, I am very pleased to be a party to this action.”

            The plaintiffs include Paul Graziano and Ben Haber who have prominently opposed a spate of recent proposals for new or enlarged sports venues in the Park, as well as the shopping center.  The efforts of “Save Flushing Meadows Park,” a coalition of many Queens civic groups put together by Graziano, Haber and others, thwarted the proposed professional soccer stadium, though it was unable to stop a half-acre expansion of the Tennis Center.  They have also led opposition to the shopping center.

            New York City Park Advocates, a City-wide parks advocacy group that helped to establish “Save Flushing Meadows Park,” is also a plaintiff.  Other plaintiffs are individuals and businesses falling into several categories including nearby residents, park users, and businesses along Roosevelt Avenue and in Willets Point having special concerns about traffic and business displacement.

            The efforts of the “Save Flushing Meadows Park” group were recently bolstered by the City Club which took on the shopping center as a major project after successfully participating in a campaign to defeat a proposed upzoning of the East Midtown area around Grand Central Terminal that would have doubled the permissible bulk in much of the area.  After Council leaders announced in early November that the Council would vote against the plan, Mayor Bloomberg withdrew it.

            Michael Gruen, President of the City Club, said that the City Club joined the shopping center fight out of concern that “Flushing Meadows Park has long suffered from neglect in maintenance and from getting eaten away as a recreational park by a voracious assumption that every new idea for a commercial sporting activity should be given a home in this one Park.  Fortunately some of the worst, such as a proposed “grand prix” race track around the lake, have been defeated.  But this is a beautiful park and it deserves much better treatment.”

            Gruen added that the City Club sees the shopping center project as “perhaps the most egregious example of commercialization of parkland throughout the city.  There are places where the annual cycle of fashion shows and holiday bazaars leave little time for enjoying the open space and landscaping. That it is the worst of a pattern of treating parkland as an asset to be sold off for commercial use caused us to take it on so that we could get the courts to draw a clear line:  commercial uses that do not enhance the recreational experience of parks do not belong in the parks.”

            Gruen said that the City Club hopes “clearly to confirm that any alienation of parkland requires legislative action, very specifically stating what uses are to be allowed.  The legislative consent must then be construed narrowly by the courts so that ambiguities in statutory language cannot be exploited, as the developers here are trying to do, to justify other commercial uses that the legislature had no evident intention of condoning.”

            The case is filed in the New York County Supreme Court.  John Low-Beer, Lorna Goodman and Meredith Feinman represent the plaintiffs.

            The complaint asks the Court to declare that the shopping mall project is illegal and to enjoin further steps toward its construction without compliance with applicable law including the public trust doctrine, and without imposing appropriate zoning regulations on the site.

            It also asks the Court to nullify actions taken by the Planning Commission, and approved by the Council in October of last year, to permit construction of parking facilities in Willets Point in lieu of the affordable housing and supportive facilities called for by the 2008 plan.  The complaint asserts that the Commission and Council knew that the changes in the Willets Point plan were needed for no other purpose than to accommodate stadium parking displaced by the intended shopping center, and knew that the shopping center project itself is illegal without approval of the legislature.  They knew that their action would facilitate illegal construction of the shopping mall, the promoters of which had clearly stated their belief that they could proceed with without legislative approval.  The Commission and Council thereby acted illegally, and arbitrarily and capriciously. 

Queens Civic Congress against parkland alienation for mall

9/7/2013

 
August 28, 2013

Queens Civic Congress Testimony to New York City CouncilConcerning Proposed Willets Point West Mall at Flushing Meadows Corona Park

The Queens Civic Congress would like to say up front that the proposed Willets Point West Mall
project is an unconscionable alienation of public parkland and the City Council should strike it
down immediately and definitively. The Congress and its members are not happy to have
parkland as part of Flushing Meadows Corona Park used as a parking lot, but we have always
believed if the parking lot became unnecessary the land could quickly and easily be returned to
true public, recreational use. Please say NO to this outrageous land grab.

As many of you know, the Queens Civic Congress is an umbrella organization consisting of over
100 civic associations throughout the Borough. The Congress has been active with the Flushing
Meadows Corona Park Conservancy, the Fairness Coalition of Queens, Save Flushing Meadows
Corona Park and the New York City Parks Advocate over the past several months to help ensure
the Park remains available to the numerous communities in nearby Queens. The Congress has in
the past opposed commercial development in the Park and remains adamantly opposed to any
further encroachment on public spaces.

Flushing Meadows Corona Park is the largest park in Queens and ought to serve as the flagship
park in Queens, but instead it has become the dumping ground of last resort for placing projects
that no other area will accept. CitiField has used many acres of park land on a deal that benefits
only the Mets owners and their profits return very little direct financial benefit to the City, to
Queens or to the Park. The parking lots surrounding the stadium sit on parkland and any change
in use should be subject to alienation requirements.

But the introduction of a massive steel and concrete mall to these western parking lots would
permanently destroy a public park amenity the community should enjoy for recreation and fun.
Not only will the mall remove forever land that could be used by the thousands of nearby
residents, but a mall will destroy hundreds of nearby “mom-and-pop” businesses in surrounding
neighborhoods, introducing potentially devastating competition to existing, struggling malls,
such as the struggling Shops at Atlas Park, Rego Park Mall and even Queens Center Mall.
Furthermore, there is no pedestrian traffic nearby to support a mall. Residential development
plans for Willets Point remain unclear and far in the future.

If, as the City is proposing, the CitiField parking lots are excess and can be repurposed, the space
could better be used by the people for additional picnic and recreational space -- not for stores
and movie theaters that have highly questionable demand and little or no access.

Please preserve our open space at Flushing Meadows Corona Park - just say “No.”

Richard C. Hellenbrecht, President
president@qccnyc.org

LPC rejects FMCP landmarking request

7/22/2013

 
Picture
Senator Tony Avella was joined last Friday by preservationists and several area civic groups at a press conference protesting the Landmarks Preservation Commission’s (LPC) decision to reject landmark designation for Flushing Meadows Corona Park (FMCP).

The 1,255 acre Flushing Meadows-Corona Park is the Borough of Queens’ most prominent park and provides open space and recreational benefits to thousands of borough residents and low and middle income families. The Park is a valuable asset for the City and the residents of Queens not only because of its green space and natural areas, but also due to its embodiment of historical structures and leading cultural and educational institutions. The Park also has a unique history, serving as host to two World Fairs in 1939 and 1964, plus hosting the General Assembly of the United Nations from 1946 to 1950.

That is why, earlier this year, Avella asked LPC to review landmark status for Queens’ most prominent and historic park, which is under the threat of devastating development interests. Currently, the Mets organization is floating the idea of building a Mall in the park, the United States Tennis Association is proposing to expand and Major League Soccer is still interested in building a stadium that would further eliminate parkland. 

Unfortunately, LPC recently denied this request and indicated that the park did not meet the criteria for designation.

Avella stated, “I am very disappointed in the Landmark Preservation Commission’s decision to not designate Flushing Meadows Corona Park as a landmark. It is clear to me that with its rich history and importance as Queens’ most significant and treasured park, Flushing Meadows Corona Park deserves landmark recognition, especially now. With three separate development proposals threatening to take away valuable parkland, Flushing Meadows Corona Park needs to be preserved now more than ever.”

“Parkland is sacred,” continued Avella. “The City should not be entertaining these proposals which would radically reduce open and recreational space for the hundreds of thousands of Queens residents who use this park on a yearly basis. Instead, the City should landmark this vital borough park to ensure its continued usage for generations to come and send a clear message that parkland is not for sale!”

“That is why I am calling on the Landmarks Preservation Commission to immediately reconsider their decision and demand that they hold a public hearing on this important issue. At the very least, the residents of Queens deserve to have their voices heard,” concluded Avella.

Paul Graziano, representing Save Flushing Meadows-Corona Park and a candidate for the 19th City Council District blasted the Landmarks Preservation Commission for the decades-long neglect of important historic structures in the park. "The first preservation battle that I ever got involved in was the Aquacade, which stood just to the south of the Long Island Expressway on Meadow Lake," stated Graziano, "and it was an incredibly important as it was one of the last remaining buildings from the 1939 World's Fair. The building suffered neglect in the 1980s and 1990s, and former Borough President Claire Shulman drew up a plan for its restoration - until she decided to hand a demolition contract to one of her financial supporters."

"We also almost lost the façade of the Queens Museum a decade ago, when the plan was to radically alter its façade. Thankfully, the financial crisis of the last few years ended that terrible plan - but it could have easily happened, and the place where the United Nations first met would have been unrecognizable to future generations."

"The New York State Pavilion also stands as a ruin, due to the neglect of New York City. This amazing structure by Phillip Johnson - one of the greatest architects of the 20th Century - stands as a testament to the lack of support that the remainder of the World's Fair fairgrounds and park plan has been jeopardized by the Landmarks Commission and city government for decades. It must end through the immediate landmarking of Flushing Meadows-Corona Park and subsequent funding to restore and enhance our borough's 'Central' park."

In the face of near-unanimous opposition, Marshall approves of shopping mall

7/5/2013

 

QBP WilletsWest ULURP

After her public hearing, at which there were 20 speakers in opposition and just 2 in favor, and prior opposition from the overwhelming majority of the combined memberships of community boards 3 and 7, Borough President Helen Marshall has APPROVED the 1.4 million square foot Mets mall to be constructed on mapped parkland in Flushing Meadows Corona Park.

The City Planning Commission public hearing is next Wednesday, July 10, on a calendar with other items. The entire session begins at 9:00AM, but according to the CPC calendar the Mets mall hearing "is not likely to begin before 11:30AM".

TESTIFY AGAINST SHOPPING MALL IN THE PARK THIS MONDAY, MAY 13th

5/9/2013

 
Picture
There will be a Community Board 7 public hearing this Monday night regarding Willets Point / Willets West mall.  The public is encouraged to testify.  This past Wednesday, the Land Use Committee of CB7 rejected the proposal with a "NO" in a landslide 7-2 vote, but the vote Monday is the one that counts.

What: Community Board 7 full board meeting
Date: Monday, May 13th
Meeting Time: 7:00pm
Place: Union Plaza Care Center, 33-23 Union Street, Flushing, NY 11354
Sign up to speak upon entering.

The application is being portrayed as a "minor amendment to the previously-approved project" -- but it obviously is not. The effect of the amendment is to nearly double the size of the project from 62 acres to 108.9 acres, and to prioritize the construction of a previously undisclosed 1.4 million square foot mall on public parkland that is presently a Citi Field parking lot. If you thought the original Willets Point development was a monstrosity, this is no comparison ...

The Queens Borough President and Community Board were promised a hand in selecting the developer for the project, but they were not consulted before Sterling/Related was chosen by the Bloomberg administration.  If they had been involved, perhaps a proposal that did not take public parkland would have been selected.
 
It also is not likely that the City Council will call up the project, hear testimony and publicly debate it.  Again, the project is being framed as just a "minor amendment to the previously-approved project," but the previously approved plan did not involve a mall, the Mets parking lot, or mapped parkland.
 
Here is an article from this week's Times Ledger newspaper, which reveals that the City and the developers are aware that parkland alienation is involved in this proposal: First Willets plan called for parkland swap.  Here also is a list of alternate proposals rejected by the City that would have spared parkland.

USTA Strategic vision plan (as presented to community groups)

4/23/2013

 

USTA Strategic Vision Plan

RALLY AGAINST USTA LAND GRAB THIS SUNDAY

4/19/2013

 

USTA Expansion Rally PA

    Save FMCP

    We are dedicated to stopping private development of Queens' flagship public park.

    Archives

    January 2023
    June 2017
    July 2015
    April 2015
    August 2014
    July 2014
    February 2014
    October 2013
    September 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013

    Categories

    All
    Al Centola
    Alex Rosa
    Alienation Of Parkland
    Andrew Hevesi
    Aqueduct
    Arboricide
    Ben Haber
    Berm
    Bill Deblasio
    Borough Board
    Borough President
    Casino
    Central Park
    Citifield
    City Club
    City Council
    City Planning Commission
    College Point
    Comments
    Committee
    Community Boards
    Construction
    Contamination
    Daniel Zausner
    Deis
    Disney
    Editorial
    Eminent Domain
    Fairness Coalition
    Flooding
    Flushing Meadows
    Flushing Meadows Corona Park
    Flushing Meadows-Corona Park
    Flushing River
    Francisco Moya
    Gambling
    Garages
    Geoffrey Croft
    Helen Marshall
    History
    Jobs
    Joe Lhota
    Jose Peralta
    Joseph Ardizzone
    Julissa Ferreras
    Landmarks Preservation Commission
    Lawsuit
    Major League Soccer
    Mall
    Melinda Katz
    Mets
    New Yorkers For Parks
    Nyc Park Advocates
    Parks Committee
    Pat Dolan
    Paul Graziano
    Peter Vallone
    Phil Konigsberg
    Pool Of Industry
    Power Plant
    Press Conference
    Public Hearing
    Public-private Partnership
    Public Use
    Queens Chronicle
    Queens Civic Congress
    Queens Housing Coalition
    Queens Museum
    Queens Preservation Council
    Rally
    Restoration
    Robert Loscalzo
    Shop Architects
    Soccer
    Stadium
    Sterling/related
    Tennis Center
    Testify
    The City Club Of New York
    Tony Avella
    Traffic
    Trees
    Ulurp
    Usta
    Vote
    Water Table
    Willets Point
    World's Fair

    RSS Feed