Senator Avella and Advocacy Groups who are challenging the “Willets West” mega-mall proposal completed their oral arguments before Justice Mendoza yesterday

On Wednesday, the lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, several members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal was argued before the New York State Supreme Court.

Attorney John Low-Beer argued the matter on behalf of the Plaintiffs/Petitioners.

The lawsuit is challenging 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 seeks a declaratory judgment to invalidate approvals already granted to the project. In addition, the suit seeks a declaratory judgment for a permanent injunction which would 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.

During the oral arguments, both parties presented their case, with the City and developers claiming entitlement to the land based on a 1961 law which authorized the construction of Shea Stadium. However, Mr. Low-Beer explained that the 1961 law never granted the defendants complete control over the premises, which is comprised of public park land. 

Following the arguments, Mr. Low-Beer stated, "As they did in their legal papers, yesterday the developers and the City spent a lot of time talking about how great their project was and very little time addressing the legal issues that are before the Court.  We argued that the defendants are brazenly violating State law and the City Charter's land use provisions, and we are confident that the Court will so hold." 

Senator Avella added, “Most of their response, in their argument, had actually nothing to do with the issue at hand. The issue is that they still have to get the necessary approval from the State Legislature and undergo the City’s land use process before being able to develop on-site. As things stand right now, the developers are illegally taking away parkland and the City is letting them! It’s absurd and I am confident that the Court will agree.”

Mr. Michael Gruen, President of The City Club of New York, stated, “Too often in recent years, the City has acted as if parks exist to generate income rather than to serve the public’s need for places for recreation and relaxation.  A strong body of law called the public trust doctrine is supposed to protect against such abuse by barring any non-park use of park land without the specific consent of the State Legislature.  When the past City administration decided, without legislative approval, to turn over a large portion of the most important park in Queens to private commercial exploitation, the City Club felt it had to act to remind present and future City administrations that parks belong to the people, not to shopping center developers.” 

Marty Kirchner, street organizer with Queens Neighborhoods United, stated:

"As a social justice organization, Queens Neighborhoods United is honored to stand by the many plaintiffs in this lawsuit who would not comprise on such a scandalous parkland give-away. Together with numerous local residents and small business owners, we believe that under no circumstances is this mega-project justified. Not only would the city's largest mall take away precious parkland, but it would significantly diminish the quality of life throughout the surrounding neighborhoods, displacing low-cost housing and reducing the ability of immigrant family-based small businesses to thrive on nearby Roosevelt Avenue." 

Senator Avella concluded, “The bottom line is that this case must be decided on merits. And from what we heard today, the defendants have no explanation as to why they did not follow the law, just that they didn’t. I think their case simply does not make sense.”

Who:        Petitioners/Plaintiffs and Respondents/Defendants
                in the matter of Sen. Tony Avella v. City of New York
                Index number 100161/2014

What:      Oral argument in New York State Supreme Court

When:      July 30, 2014 at 2:15PM

Where:    71 Thomas Street
                New York, New York 10013
                Courtroom of Justice Manuel Mendez / Part 13 / Room 210

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

Auburndale Improvement Association, Inc.
P.O. Box 580331, Station A
Flushing, NY  11358
September 3, 2013
 
New York City Council, Land Use Committee, Zoning Subcommittee
City Hall
New York, NY  10007
 
To the Land Use Committee, Zoning Subcommittee of the City Council:

     My name is Henry Euler and I am the First Vice President of the Auburndale Improvement Association, Inc.  My testimony today is on behalf of my civic organization.  We are the oldest and geographically the largest civic group in Queens County and our membership numbers close to six hundred families and individuals living in Auburndale Flushing and western Bayside.

    We are very concerned about the three proposed projects to be constructed on parkland at Flushing Meadows Corona Park.  These projects include expansion of the tennis center, the building of a soccer stadium and the construction of a huge mall.  We oppose all three proposals.

    Today you are considering the proposal dealing with the 1.4 million square foot mall to be constructed on the parking lot to the west of Citi Field.  This land is parkland and should be off limits to any private development. Parkland is sacrosanct.  It belongs to the people, not private developers. With the rate of intense development in Queens, we need all of the green space we can spare.

    The asphalt on the unused part of the parking lot to the west of Citi Field should be removed and trees and other vegetation should be planted on the site in order to make it look more like a park once again.  There is no shortage of people living in close proximity to the park, or even further away, who could use that refurbished parkland.

    Have you seen how many people use Flushing Meadows Corona Park?  It is staggering.  How could anyone think of usurping land for private gain when people living in overcrowded neighborhoods look to the park as their backyard and a source of relaxation, exercise and tranquility?  This park should be a New York City landmark, just as Central Park is in Manhattan and Prospect Park is in Brooklyn.  Queens is tired of being ignored!

    And what will happen to local businesses if this mall is completed?  And what is the impact on traffic and quality of life in the surrounding community if the mall is built? Is this land, where the mall is to be built, stable enough to support the structures to be built on the site?  This area was originally wetland.

    There are so many questions to consider in this case, and so many concerns.  We stand with the coalition known as Save Flushing Meadows Corona Park and our neighbors in western Flushing and Corona.  No mall in this location!  Just preserve the parkland and find additional funds to sustain and maintain our precious park.  Thank you!

Henry Euler, First Vice President
Auburndale Improvement Association, Inc. 

Good afternoon,

My name is Geoffrey Croft, president and founder of NYC Park Advocates.

It is truly a sad day in "city planning" when we are talking about a plan that seizes more than 30 acres of public parkland to allow one of the country's largest developers to build the largest mall New York City. 

Sounds inconceivable right?  Just when you thought this administration couldn't get any lower, here we are today. 

And lets not forget the Related Companies and Sterling's original plan for our park -  building a massive casino and retail complex.

Let's be very clear:  The 1961 statute that the city and the applicants are so desperately trying to rely on in order to justify being allowed to develop the public parkland for non-park purposes does not permit a shopping mall, much less a 1.4 million square foot mall.    

Administrative Code 18-118 explicitly states that any monies gained from a temporary lease on the property must go back into the property. Back Into The Property, not line the pockets of Related or Sterling Equity. 

To quote the law directly, the revenue must aid "in the financing of the construction and operation of such stadium, grounds, parking areas and facilities, and any additions, alterations or improvements thereto, or to the equipment thereof." 

Clearly this is not the case unless the applicant is representing that this is being done to off-set unfortunate investments made by the Wilpons.  Is that the plan?

Clearly the intention of the law was not to allow any project to make a permanent claim on the parkland or its facilities, because the revenue was supposed to fund the property.

The law simply does not authorize the Willets West project. It does not enable use of the parking lot or authorize retail stores - and certainly something that is primarily a shopping mall.

The bill does say "trade and commerce", but that obviously refers to conventions, not stores. Obviously, a shopping mall was never intended as the bill language states.

The park land we are talking about here today for this irresponsible project was never alienated as required under state law nor are they planning to replace it if approved. 

By law, PARKS ARE NOT allowed to be used for such non-park purposes. In fact State law - which our elected officials have taken an oath to uphold - prohibits such commercial development.

If ever there was a poster child for non-park purposes, building the city's largest mall would be it. 

I would also like to point out one of the most disingenuous statements being made today -  language included in your calendar states:

"It would incorporate a development substantially similar to that anticipated and analyzed in the 2008 Willets Point Development Plan Final Generic Environmental Impact Statement (FGEIS), as well as a major entertainment/retail component and parking adjacent to CitiField."

Is that a joke - who wrote that -  the Applicant? The 30 acres of public parkland was NEVER part of the original plan in anyway. In any way and it certainly was never approved by the City Council.  

There is also just no getting round the fact that this 1.4 square foot mall is a totally new project than what was approved by the City Council and City Planning. 

And, as usual, no one is under any illusion that City Planning will do its job and reject such an irresponsible project.  This is nothing but an end run around the law and City Planning will be complicit when you rubber stamp its approval.   

This is public park land and it does NOT belong to Mayor Bloomberg or to Seth Pinsky, the Related Companies or the Wilpons - it belongs to the people of the City of New York. 

If the 30 plus acres of public park land they are attempting to seize for the project are no longer needed for parking ,then it should revert back to its original use. This is what our elected officials should be pushing for and what any legitimate city planning agency would insist on and not, instead, allowing our public spaces to be given away to politically connected developers. 

The proposed giveaway of public park land is being done to sweeten the deal for Related so they have a guaranteed revenue stream "up front"  in order to help them off-set their investments in building the rest of the Willets Point.  

This is disgraceful.   This plan is about greed, pure and simple. It is a nightmare for the residents of Queens in so many ways and for the City's taxpayers at large who are greatly subsidizing this project. 

The corporate welfare must end. 

Thank you.

Geoffrey Croft
NYC Park Advocates
(212) 987-0565
(646) 584-8250 Cell #
gmcroft@verizon.net

NYC Park Advocates Inc. is a non-profit, non-partisan watchdog group dedicated to improving public parks, restoring public funding, increasing public recreation programs, expanding open space and accessibility, and achieving the equitable distribution of these vital services in New York City for all. We are the only non-profit park advocacy group dedicated to all City, State and Federal parkland in New York City. For more information please visit us at http://nycparkadvocates.org

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".

There will be a Community Board 7 full board meeting on Monday night, which will offer an opportunity to address the board about Willets Point / Willets West mall, prior to committee meetings starting.  Please note that Willets Point is not on the agenda, but you may still speak about it during the public participation period.  (The project is expected to be on the agenda for the May 13th meeting, when you may also sign up to speak.)

What: Community Board 7 full board meeting
Date: Monday, April 8th
Meeting Time: 7:00pm
Public participation Time: 9:30pm (but may start earlier)
Place: Union Plaza Care Center, 33-23 Union Street, Flushing, NY 11354
Sign up to speak upon entering.

The first (and perhaps only) committee meeting on the matter will happen this Thursday.  There will be no public participation, but you may observe the discussion about the Willets Point project, which is on the agenda.

What: Community Board 7 buildings and zoning committee hearing
Date: Thursday, April 11th
Time: 7:30pm
Place: Union Plaza Care Center, 33-23 Union Street, Flushing, NY 11354
For observation only - no testimony accepted.

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.

The following are a list of comments submitted to our website:

- I cannot believe that my state assemblyman (Moya) and state senator (Peralta) are both in support of this land-grab. I will vote for neither if this deal goes through, and will contribute time and money to ANYONE who runs against them in a primary or general election. I urge ALL my neighbors to do the same. Shame on you, Moya and Peralta!

- The USTA has been siphoning off land for almost 30 years. I remember the park when... Now this? Sure, I will sign. This is the only place where people can play ball and just enjoy themselves. Who's getting paid off?

- If private businesses can take my parkland away so they can make millions of dollars, then I'm just going to have to start recreating inside the office buildings of New York. The CitiBank building in LIC has a nice big lobby, I'm sure they won't mind if we organize a pick-up soccer game there...

- I agree with the comments and have wondered why the city hasn't done more to restore the buildings still standing. It would serve the city to provide more places for the communities to have places for children and families to come and enjoy. Fresh air and cultural activities.

- Save our parks!

- The current policy of this NYC administration that allows the private use and take-over of public parks, including Damrosch Park in Lincoln Center in Manhattan, and now Fresh Meadows Corona Park in Queens must be opposed vigorously by the citizens.- We need more green spaces not less.

- Keep FMCP earth and family friendly!

- The loss of parkland can never be regained. This is so short-sighted. Poor Queens.

- How to protect this park forever from being sold off a little at a time.

- We of the 99% need space to play, relax and control the stress of a society that truly cares more about the one percent.

- I am very much against all of this happening to Flushing Meadow Park. Please keep me informed. Thank you.

- I am very opposed to the proposed soccer stadium in FMCP. I believe the Park should be preserved and enhanced, particularly the beautiful remnants of the historic 1964 World's Fair.

- Thanks so much for your work. We absolutely must save this park.

- Fix the park, don't destroy it.

- I am a resident of Corona, as well as a student at Forest Hills High School. Ever since I have caught wind of this project, I have been opposed to it, not only because it would take it parkland that NYC so desperately needs, but because it would take away in essence, a huge part of my childhood, as well as steal it from other people that currently use it. I grew up in that park. I grew up running there, playing soccer with family members and friends, biking there and exploring the numerous niches of the parks, exploring the wonderful historical treasures it provides, as the site of two World Fairs. I grew up seeing people play not just soccer, but almost every other sport imaginable - cricket, baseball, softball, football - in that vast green expense of Flushing Meadows. Now, that prospect of seeing families truly enjoy the park as it should be enjoyed is under threat, solely because out elected officials have long neglected to take care of it. That itself is a shame, as it's one of the crown jewels of the NYC Parks System, due to rich history - but it's not treated as such. Flushing Meadows is not like Central Park, or even Prospect Park. We do not have a well funded, multi-million dollar "conservancy" to take care of it - in fact, we don't even get the same amount resources those parks get from the city - we don't even know how much FMCP gets from the Parks Department! But what FMCP really is, is that it's a park for the working class - a park where people, most of them low-income to working class people - many of them immigrants - can go and get a dose of fresh air, of enjoyment through relaxation and sport, something that FMCP provides. It might not be in the condition it deserves to be, but it serves it's purpose well enough. But it can be much better, yet these proposed "plans" do nothing to improve the FMCP's current state. Instead, it worsens it to a point of near destruction. Barry Lewis, an architectural historian, once said aloud, "Who lives in Queens?" He answered it himself when he said: "The people who live in Queens are really the people who make the city run in a basic, gritty way..." And that is true. The people of Queens are the ones that make this city run. We are the ones that make NYC great - through our diversity, hard work, and determination. As such, we deserve a park that serves in the best interests of the community, not for the best interests of private developers. To do the opposite, to give this treasured parkland away, at a time when NYC needs parkland more then ever, would be anathema to the purpose of parkland - to provide a place where people, the common man, can enjoy themselves freely, and relax - with ample green space. If there is anything I could do to help, please let me know. Now, more then ever, the people of Queens need to stand united and face this threat to our flagship park that would permanently damage our way of life. To let this happen would set a dangerous precedent that our parkland is up for grabs by developers - something that we need to stop in it's tracks now!

- Willing to stand before bulldozers to save OUR FMCP.

- The mindset should not be what will the community get in return for alienating additional public parkland. Instead, we should join together and "not give up another inch" of public parkland.

- Save the NYS Pavilion

- The Queens Coalition for Parks and Green Spaces supports all efforts to save FMCP. Pay attention as this attempt is aimed at FMCP today-Maybe your local park NEXT! PARKS are for people, not developers!

- This park, the site of two remarkable world's fairs, was a gift to the people of New York. To give one single inch of it to private concerns is unfair and a violation of that gift. The park needs improvement but it does not need to be dismembered and taken from the taxpayers.

- I have lived in the Flushing area and now College Point for nearly 20 years and would hate to see this come to fruition.

- Please save this historical park!

- I hope this petition goes through and our land is saved from ruin.

- I am in total agreement with preserving Flushing Meadows-Corona Park as it is. This is outrageous that there seems to be so little regard for the quality of life in our communities. Not every peace of land has to turn into a shopping mall! We have plenty of them as it is. We need to be heard about this vital part of our city we live in.

- The proposed retail mall is, in particular, a total outrage and should not be allowed.

- A disgusting land grab with no respect of the history of the World's Fair. Spend the money on the park and the remnants of the fair.  The park needs a lot of work other than a soccer stadium.

- They can play soccer games in Citi Field when the Mets aren't there. And why place a retail center right on top of Citi Field? We need some space to BREATHE.

- Stop the rape of public park land in Queens! Flushing Meadows-Corona Park is a people's park. Over the decades it has been slowly taken away from the people! Enough is enough, Bloomburg! You stole the will of the people of this city when you anointed yourself mayor for a third term -- do NOT steal our park land as well! SAVE FLUSHING MEADOWS-CORONA PARK!

- I love Flushing Meadows Park and would hate to see parts if it lost to these new development projects.

- Please do not build on this park. Please build elsewhere. Thank you

- Keep the park a park!

- I was able to go to the 64-65 fair a few dozen times as a teenager.In the years since I often ride my bike through the grounds.I also use the pitch and putt course so the park holds a special meaning for me.

- I grew up going to this park, What this city needs is to keep the park.....

- The obvious choice, is to preserve, restore, celebrate, and honor the historic elements present in Flushing Meadows Corona Park. Even the most basic research into the World's Fairs reveals the immense size and scope of these events, the impact they had is undeniable. NYC should be honored that these events occurred in Queens, but instead they propose stamping out a significant part of the remnants with this soccer stadium. The Pool must be kept. If it is an “eyesore,” the city must fix it up, not destroy it. Clean it, install a smaller fountain in the center, pay homage to what it once was. The stadium does not belong in this park, it should have never been considered, NYC Parks and everyone responsible for even suggesting this should be ashamed.

- Please do not continue to build on this land while ignoring the historical and environmental treasure this park has been. Enough is enough!

- FMCP is a heavily used park. It is hard to understand why the City of New York and the Parks Department do not protect it the same way that they would Central Park, except as an abandonment of duty to benefit the citizens, in favor of big money.

- We don't need private development in our park - we need to restore our landmarks (i.e., The New York Pavilion) and turn into a public space for our community as it was intended. The park belongs to the people, not the privileged rich who only frequent the park during the US Open or a ball game! Let's beautify the park and make improvements and preserve our history and landmarks, not destroy it with eyesore garages and strip malls!

- The park is a very welcome oasis in a very developed world. Once any portion of it is paved over it is gone forever. There is no way the city would put any of these projects in Central Park. Why is Queens treated less than an equal borough?

- When Robert Moses handed the Park over to the City after the 1964-65 World's Fair, I highly doubt his intentions were to have it built over by structures that would financially benefit private corporate sponsors. Save the Park as intended by Mr. Moses.

- We have more than 5,000 children playing soccer on Saturdays from 8:00 AM till 2:00 PM. The same number is divided to play each day of the week from 6:00 till 9:00 PM. Adults also use the soccer field the rest of the weekend. Our community is made of middle and lower class with income from $18,000 to $35,000 This is the most affordable healthy sport that our children can afford. We already have a proposed stadium with lots of promises?

- Parkland is for the people, not for others to make a profit! These three projects must be stopped!

- Flushing Meadows-Corona Park should only be developed as open space parkland and NOT a shopping mall. The park has been neglected over the years and needs revitalization. Why has the park been allowed to deteriorate? The answer is certainly NOT commercial development! We need more recreational activities in the park. We need concerned elected officials and citizens to maintain, upgrade and enhance the park facilities.

- Let's keep the park a park for the people--people who have no back yards---people who take their children there to play and romp around---people who like to see the grass and the trees and enjoy a day out in the fresh air.

- Yes, I want to join you and save our park. I was active against the USTA when they proposed it's stadium, but we lost. I was very disappointed with Mayor Dinkins and our borough president when they wholeheartedly supported the tennis stadium.

- As a 64 Worlds Fair attendee, I very much want to see the park saved as a reminder as to what was and what the park will be for all those that enjoy a relaxing day either alone or with family in our own park. 

- We need the park, it's our families' park. You can't just pay to destroy our memories and the ones that are about to be made by our kids!  We can't let this happen.

- We can't let even an inch of public parkland be taken away from the current Flushing Meadows Corona Park and I will do whatever I can to make sure that doesn't happen.

- What is a park, should stay a park! Parks are for everyone and it's wrong to develop Flushing Meadows Park in this way. I have many wonderful memories of enjoying Flushing Meadows park and it would be a shame to deny future citizens the same good times and open spaces that my generation was able to enjoy...Besides, the park is WETLANDS, have you not learned from the disaster of SuperStorm Sandy? From an environmental standpoint it would be disastrous to build up FMCP. We need those wetlands and flood plains to mitigate future superstorms.

- This land is my land not Emperor Bloomberg's!

- The proposed Tennis expansion and MLS stadium must be stopped. FMCP is choking from over development of commercialism. These proposed projects will destroy the historic core of the park. I would be happy to help in any way to save the park.

- Queens park land should be as sacred as Central Park, Bryant Park or Madison Square Park. Why not a stadium in Central Park, a parking lot in Bryant Park and an Indy 500 style oval around Madison Square Park?

- It's part of Queens,  we don't want it to be damaged in any way.

- This is disgraceful. Like we really need another mall in Queens. The tennis center is fine the way it is. Soccer stadium - don't think so. Use Citi Field. And the traffic, the traffic and did I mention the traffic.

- Leave the park alone. No more private take overs.

- We need to fight to save this park.