A bit more on the Court ruling regarding the DOS facility on the Gansevoort Peninsula [aka Friends of Hudson River Park et al v. New York City Department of Sanitation et al, Supreme Court of the State of New York, Index No. 105763/05, I.A.S. Part 5 (Stallman, J.), Settlement Agreement and Order] from the New York City Council Staff Report (February 2006):
THE COUNCIL OF THE CITY OF NEW YORK
REPORT OF THE INFRASTRUCTURE DIVISION
Robert Newman, Acting Legislative Director
COMMITTEE ON SANITATION AND SOLID WASTE MANAGEMENT
Hon. Michael E. McMahon, Chair
OVERVIEW:
On February 7, 2006, the Sanitation and Solid Waste Management Committee, chaired by Michael E. McMahon, will conduct a hearing on the status of the proposed draft Solid Waste Management Plan (SWMP) as it pertains to the borough of Manhattan. In particular, it now seems that several facilities proposed to handle aspects of Manhattan’s waste may no longer be viable ...
GANSEVOORT STREET FACILITYThe use of the Gansevoort site has apparently been precluded by the recent settlement of a long-standing court case between the New York City Department of Sanitation (DSNY) and a group of civic organizations, including Friends of Hudson River Park.
[2] The settlement reaffirms the City’s intent to comply with the Hudson River Park Act, the state law that establishes the Hudson River Park and controls, among other things, land uses allowed on the Gansevoort Peninsula. Under the agreement the City will pay the Hudson River Park Trust $21,500,000 to design and build parks on Pier 97 and at the Gansevoort Street site, and
the Department of Sanitation agrees to remove all of its operations from the Gansevoort Street site by 2012.
Although the decision is silent as to approval or disapproval of Gansevoort as a site for a recycling facility, it reiterates the terms of the original park act that precludes any “incompatible government” use.
[3] The settlement agreement specifically calls for the demolition of the existing marine transfer station at Gansevoort Street upon the Department of Sanitation vacating, but provides no indication that the plaintiffs would consider it being restored in the future.
[4] In addition,
the Friends of Hudson River Park have stated that the Hudson River Park Act prohibits any sanitation facility from being located within the park.
[5] And this from The Villager (August 2006):
To The Editor:
I generally am supportive of the reportage done by Albert Amateau and the rest of your staff regarding local issues affecting the waterfront. I am writing this letter to ask that you correct something that was omitted from Mr. Amateau’s article “Local politicians, activists, boards are not on board with barging plan” (July 26), which has to do with the city’s new 20-year Solid Waste Management Plan passed by the City Council on July 19, which includes a provision for a transfer station for recyclables on the Gansevoort Peninsula — the jewel of the Hudson River Park.
Mr. Amateau is correct when he refers to my remarks that the settlement of our lawsuit in October 2005 did not preclude transfer stations at Gansevoort and W. 59th Sts., but I would like to add the following clarification.
Our settlement agreement with the city of New York permits only present Sanitation activities to remain on the Gansevoort Peninsula until 2012. It is our position that the city cannot use the Gansevoort Peninsula in any other way until after the 2012 vacate date. In other words, even if the State Legislature allows another use at Gansevoort before 2012, the Friends of Hudson River Park would bring an action under their settlement agreement, which provides, contractually, that no other use can be there until 2012.
Finally, Mr. Amateau is correct when he says that the Friends would probably go to court to make sure the transfer stations are dropped, but we must add the other phrase, “or any other use before 2012.”
I hope this clarifies Friends’ position on the Gansevoort Peninsula.
Daniel Alterman
Alterman was the attorney on the Friends of Hudson River Park’s lawsuit to vacate the Department of Sanitation trucks from Gansevoort Peninsula
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