In a lawsuit currently before the New York State Supreme Court, Assembly Member Micah Kellner has sued the Department of Sanitation and the city on the grounds that the current plan for the 91st Street Marine Transfer Station goes against the 2006 Solid Waste Management Plan. In the original plan, the city planned to distribute waste to three new Marine Transfer Stations: the 91st Street Station near Asphalt Green, Gansevoort in the West Village, and another at 59th Street. Because the latter are about 10 years from construction – three behind the 91st Street Transfer Station, Kellner said the city must create a new Environmental Impact Statement, and immediately stop all construction and planning at 91st Street. At the hearing last week, the State Supreme Court heard both sides.

“To say a whole generation is going to go by before the other two stations will be finished when they were supposed to be constructed in tandem, one can assume that we will take on the burden of collecting more trash,” said Kellner.

The plan for the 91st Street Marine Transfer Station, as it stands, states that the MTS will handle about 30 percent of Manhattan’s residential waste, and eight percent of the borough’s commercial waste. In addition, the cost of the project has slowly escalated, from an original 30 million-dollar estimate, to $180 million. An independent budget office, however, calculated earlier this year that the actual cost of the project would be closer to $245 million, and might grow even larger.

Right now, the city has a permit from the Department of Sanitation to transfer 1800 tons of trash per day, but the permit of operation is up for renewal in the fall. The lawyer for the plaintiff, Albert Butzel, said that the city could very well increase the maximum garbage allowed to 5000 tons per day, which would create even more of an environmental, air quality and safety impact on the neighborhood.

“As far as the DEC and city sanitation are concerned, it’s going to be a lovely facility that has no adverse environmental effects other than noise, and it’s very hard to prove otherwise,” said Butzel.

City Council Speaker and mayoral candidate Christine Quinn, who has not changed her position on the plan, says that if the transfer station were built in a traditionally low-income neighborhood, the effects would be disastrous.

“I am incredibly proud to stand up for all five boroughs, to stand up for people with asthma and children with asthma who have been put upon for too long by the City of New York, and to say that every borough has to do its fair share in taking care of its garbage,” said Quinn in a recent statement.

But Pledge 2 Protect, the new non-profit that has been collecting signatures opposing its construction, say that her claims are inaccurate, saying that in terms of health effects, Yorkville is just as much, if not, more of an at-risk neighborhood with 62 percent more minorities than any other proposed site.

The main arguments of the opposing side are that the city has done everything legal within its power to ensure an accurate assessment of environmental impact, and the concerns by the neighborhood are purely speculative. In its respondent brief, The department of environmental conservation claims that the city cannot be sued based on intangible complaints, and injuries that have not yet occurred.

“The effects hypothesized by petitioners would require at least several uncertain future events to occur first: (1) the actual construction of the East 91st St. facility; (2) the failure of the City to construct the Gansevoort and West 59th St. waste processing facilities; and (3) decisions by private commercial waste carters to attempt to use the East 91st St. facility rather than transporting commercial waste out of the City by truck,” the statement reads.

Kellner said that he is not buying the city’s argument of speculation.

“The city is saying you’re being speculative and you should wait until it’s built. If it’s already built, this neighborhood will become a parade of both public and private garbage trucks.”

In fact, the process has already begun, illegally. Uncovered trucks were spotted recently carrying away debris from the old Marine Transfer Station.

The company contracted to build the new transfer station, Skanska USA, had agreed to transport debris from the old site only via enclosed trucks, but a concerned citizen recently snapped photos of trucks driving out of the site with open tops.

“Dust and debris was spewing out of them along with jagged metal,” said Kellner. “Skanska is already cutting corners when it comes to the community’s safety. If this is a harbinger of things to come this is bad news for Yorkville.”

The Assemblyman said that he actually hopes that putting the project at a standstill will slow down the momentum of the construction, and the idea will be abandoned altogether.

“The best outcome that they demolish current site, whether we win the lawsuit or the next mayor says this is a waste of city dollars, and then they can turn that platform into park space that the community needs. It would be a win-win.”

Community-Minded Rhythm: Julie Rulyak, executive director of the Turtle Bay Music School, leads a music workshop during Kips Bay Day at the Plaza on July 21. The Plaza, located on the service road between 30th and 33rd Street on the east side of 2nd Ave., hosted various activities, including croquet, Citi Bike demonstrations, live music and pet adoption.

CB8 Slams 583 Park Application
In the latest development of the ongoing battle between the event venue 583 Park and some of its Upper East Side neighbors, Community Board 8 voted to disapprove the venue’s beer and wine license application last week.

583 Park is located in the Third Church of Christ Scientist’s historic building on Park Avenue and East 63rd Street, part of the reason neighbors contend it doesn’t belong in their residential community. They say that the church, which still holds services there and leases the space to 583 Park, using the money to fund its $400,000 operating budget plus costly repairs, is overshadowed by the lavish and loud events held by clients of 583 Park.

The venue’s operators, the Rose Group, downgraded their hopes of obtaining a permanent liquor license after the State Liquor Authority (SLA) rejected their application. Complicated litigation surrounding the liquor license and intense community opposition led the SLA to also stop issuing one-time permits to outside caterers, a common practice in the event industry, for events at 583 Park.

The Rose Group has stated that they will likely take a financial hit by sticking to beer and wine and skipping the booze, but that they could still get by, accommodating more charity events and fewer weddings. They also made it clear that if they’re not able to serve alcohol of any kind, they’ll have to pull out of their lease.

While that’s exactly the outcome some residents are rooting for, the Community Board and the people it serves have little sway over the granting of a beer and wine license, a fact that was barely addressed at the hours-long meeting. A beer and wine license application is not subject to the 200-foot rule, which prohibits a full liquor license at an establishment within 200 feet of a church or school, or the 500-foot rule, which assumes that an application will not be granted if there is another establishment with an on-premises liquor license within 500 feet unless it is in the public interest. In fact, the SLA states that community opposition is not grounds for denying a beer and wine license.

Board member and Street Life Committee co-chair Cos Spagnoletti likened it to a driver’s license, presumed issued unless something egregious, like a felony record, prevents it. But that fact didn’t diminish some residents’ and board members’ fervor in calling for the demise of 583 Park.

The previous week, the Street Life Committee rejected the application and, despite a substitute motion offered by board member Jonathan Horn to approve it with caveats (restricting loading and unloading times, not allowing limos and black cars to idle outside, nixing flashy exterior lighting, limiting the capacity for events, among a long list of other stipulations the Rose Group had agreed to), the Board still voted to reject the application.

Some neighbors appeared to be feeling victorious when the vote count was tallied, but it remains to be seen if the SLA will follow suit with the Board’s rejection or follow the law and let 583 Park continue hosting and pouring for their paying customers.

Garbage Dump Gets Go-Ahead
Earlier this week, the mayor’s office confirmed that the city had received the permits from the Army Corps of Engineers allowing the construction of the East 91st Street Marine Transfer Station (MTS) to start. The Upper East Side waste transfer site has been defunct for years, but was resurrected by Mayor Michael Bloomberg’s Solid Waste Management Plan and could be operational again, with major renovations, by 2015, according to the city, now that they have obtained the requisite federal permits.

But local opponents, residents as well as politicians, say that they won’t stop fighting the MTS.

“I am disappointed by the [Army Corps’] decision to grant a permit for a project that will harm the habitat for East River fish, have a significant negative impact on the health and quality of life in a densely residential neighborhood and make the waterfront much less accessible in the East 90s,” said Rep. Carolyn Maloney in a statement, citing the Environmental Protection Agency’s concerns that the city’s mitigation plan doesn’t do enough to protect fish and wildlife.

Assembly Member Micah Kellner, who launched a lawsuit against the city several weeks ago to stop the MTS, also said he was disappointed, but vowed to continue pushing back through the courts.

“[The decision] was not unexpected and is far from the final word on the matter,” said Kellner in an email. “Nothing has changed as far as I am concerned. My lawsuit is proceeding and I am confident that when we have our day in court on Aug. 17, we will finally put this ill-conceived Marine Transfer Station to rest.”

The lawsuit alleges that the city hasn’t properly amended its environmental impact statement for the project to reflect the increased daily intake of trash that the facility would process.

While the lawsuit proceeds—and others may crop up, sources say—the city may continue with its plan to start construction but will also have to worry about funding a project that is expected to cost $245 million.

Fire Injures Firefighters and UES Woman
A fire rampaged through an Upper East Side building on Saturday night, injuring six firefighters and one resident, NY1 reported. The fire started around 10:45 p.m. in a grocery store at East 88th Street and Third Avenue. One woman found collapsed on the stairs was taken to the hospital for treatment. Fire officials told NY1 that the fire was in the walls of the building and was difficult to contain. The cause of the fire is under investigation.

New York-Presbyterian Hospital Plans Expansion
The Upper East Side hospital brought plans to build a new facility to the Community Board last week. The hospital will turn two older residential buildings it owns on York Avenue between East 68th and 69th streets into a 15-story facility.

Sharon Greenberg, vice president for facility development and management, explained to the Board and the public in attendance that the plans are preliminary, but that they have an idea of what the building will look like and what functions it will serve. There will be an ambulatory care center as well as maternity care at the new building. It is planned to increase capacity for New York-Presbyterian as well as reduce wait times for procedures by utilizing more high-tech, less invasive outpatient procedures. Greenberg assured the Board that the hospital will provide alternative housing to the residents of the current building, including equivalent rent-regulated units for those tenants who are now under rent regulation, well before construction is slated to begin in 2014.

“In 2006, when the mayor reauthorized the marine transfer station, he did so under a false pretense. They made it seem like they were flipping a switch and reopening a facility,” Kellner said. “When the City Council approved the Solid Waste Management Plan, they only did an environmental impact statement studying what 1,800 tons of trash would bring. They need to amend their plan and do a supplemental environmental impact statement.”

The lawsuit, which also names the Department of Sanitation and the State Department of Environmental Conservation, demands that the city stop all planning for the new MTS and draft a revised impact statement, which would then need City Council approval. Kellner is the lead plaintiff in the suit; other plaintiffs are the Gracie Point Community Council, Residents for Sane Trash Solutions, Inc. and a handful of individual residents. State Sen. Liz Krueger, Assembly Member Dan Quart and Rep. Carolyn Maloney have all voiced their support of the lawsuit.

“[The MTS] will permanently and negatively impact the Asphalt Green athletic fields, which are adjacent to the site and used every day by thousands of New Yorkers,” said Jed Garfield, president of Residents for Sane Trash Solutions. “It will be a terrible environmental and health hazard for all nearby residents, including over 2,200 low-income New Yorkers and seniors residing just a couple of hundred feet away in the Holmes and Stanly Isaacs development.”

New Elementary School for Yorkville
Next year, Upper East Side tykes will get a new elementary school at the Our Lady of Good Counsel building on East 91st Street. The Department of Education has signed a 15-year lease with the Roman Catholic archdiocese to lease the school for P.S. 527, which will open this fall with two kindergarten classes and will eventually hold students through the 5th grade.
Rep. Carolyn Maloney, Assembly Member Dan Quart joined by his young son Sam, a future student of P.S. 527, and Schools Chancellor Dennis Walcott visited the building last week to commend the opening of the new school that they say will help alleviate the overcrowding that plagues the neighborhood.

Art Goodies on Sale
The Metropolitan Museum of Art Store is holding a summer clearance beginning June 28. Art fans can pick up eclectic jewelry, home décor items, toys for the sophisticated tot and art books with enough breadth to cover any coffee table on the East Side. Many items are on sale for 25 to 75 percent off the original price. It’s a great place to stock up on cool gifts for the people who have everything. Visit store.metmusuem.org or call 800-662-3397 for information.

Catch the Fireworks
While some may still be roiling over Macy’s giving the East Side and the outer boroughs the shaft by displaying their famous fireworks on the Hudson River this year, it’s still a display worth schlepping for. If you’re planning on seeing the fireworks, a game plan is mandatory. Macy’s recommends that patriotic attendees head over to 12th Avenue below 59th Street at access points every few blocks along 11th Avenue. Parking will be severely limited. There will be no access at the Hudson River piers or the Hudson River Park promenade or bike path between 59th and West Houston Street. DeWitt Clinton Park is reserved for people with disabilities.
Plan to arrive at any of the viewing spots by 5 p.m., and don’t try to bring lawn chairs or large objects with you. The 25-minute show of 40,000 synchronized fireworks begins around 9 p.m.

UES Murderer is Sentenced
Last week, Manhattan District Attorney Cyrus Vance announced the sentencing of Alujah Cutts, 30, who was convicted of a cold-blooded robbery and murder that he committed on the Upper East Side in 2009.
Cutts broke into the home of 90-year-old Felix Brinkmann on July 30, hoping to make off with a hefty haul. He demanded that Brinkmann give up the combination to his safe, and when he refused, Cutts brutally attacked him, strangling and killing him. He then phoned a friend, who is also being charged, to come help take a safe out of the apartment.
The district attorney condemned the cruel attack and applauded the sentence of 25 years to life in state prison.

Public School Agreement
Assemblymember Dan Quart with his son, Sam, Schools Chancellor Dennis Walcott and Rep. Carolyn Maloney announce the signing of 15-year lease between the DOE and the Our Lady of Good Counsel parish ensuring the location of P.S. 523, a new public elementary school in Yorkville. Sam will be a student at the school.

Manhattan’s East 91st Street Marine Transfer Station has long divided people into two camps.

Next year it may divide the candidates running for mayor of New York City.

Mayor Michael Bloomberg, Council Speaker Christine Quinn and other elected officials who don’t live near the defunct facility on the Upper East Side have pushed to reopen it as a way to haul less garbage by truck, ship more by barge and distribute trash facilities more fairly across the five boroughs.

On the other side of the issue are local lawmakers and community groups worried about noise, pollution and the safety risks of local garbage trucks. They have filed a series of lawsuits to block the planned reopening of the facility, which was closed in 1999.

Some candidates have been openly supportive of the station, which was included in the city’s solid-waste-management plan in 2006. Quinn, the candidate most closely associated with the project, has been a staunch supporter.
Last June she led the Council to allocate capital dollars to build the station after the mayor’s office had decided to postpone the project. She went to then-Deputy Mayor Stephen Goldsmith and convinced him to provide funding for the station and three others.

“The building of marine transfer stations has been done with community input, and we expect New Yorkers in every neighborhood to come together and do their part,” Robin Levine, a spokeswoman for Quinn, said last year. “In fact, Speaker Quinn’s own district on Manhattan’s West Side will include a transfer station to help ensure the borough is taking full responsibility for its waste.”

Public Advocate Bill de Blasio and City Comptroller John Liu cast votes for the marine transfer station when they were both in the City Council, and neither one has changed his position.
Mike Loughran, a spokesman for Liu, said the city has to make sure it has the necessary infrastructure to meet the growing demand for waste removal.

“This is an issue of borough equity,” Loughran said. “The community has every right to be heard on this issue and has even taken their concerns to court. Comptroller Liu will keep a close eye on this project, as well as the spending associated.”

But among the other Democratic candidates, the positions are less clear-cut.

Bill Thompson, who ran against Bloomberg in 2009, said he still had a lot more to learn about the facility and had not yet taken a position. “I’ve had one meeting with the residents and they laid out why they thought it was not a good site and why it was not cost-efficient,” he said.

David Mack, the vice president of Residents for Sane Trash Solutions, said his organization has recently started reaching out to the candidates to make the case for leaving the facility closed.

“We believe that it would be a very important question for all candidates in the primary season, especially given that Speaker Quinn seems to be supporting the construction of the facility,” said Mack.

Perhaps more than any other candidate, Manhattan Borough President Scott Stringer exemplifies the risks of explicitly supporting or opposing the facility. The Upper East Side is a key bastion of support for the borough president, so supporting the facility could result in campaign dollars drying up. Opposing it could hurt him in the outer boroughs.
Yet in 2004, then-Assemblyman Stringer was among the lawmakers who criticized the plan, calling on the city to build the waste transfer station in a commercially zoned location somewhere else.

“I’m here today because I believe that siting such a facility is a process ripe with difficulty,” Stringer said at the time. “While we acknowledge the need for a station, no one desires a waste transfer station in their backyard. They’re right, it does not belong in this backyard, but it also doesn’t belong in anyone’s backyard.”

Asked about his stance now, Stringer refused to answer. Josh Getlin, Stringer’s spokesman, declined to say whether the borough president is still opposed to the project, supportive of it, or neutral.

“Since becoming borough president in 2006, Stringer has committed his office to working with city agencies to minimize any negative impacts to the Upper East Side and Harlem communities that may result from the construction and ongoing operation of the facility,” Getlin said in a statement.

One of the opponents of the transfer station is Charles Dorego, a senior vice president of Glenwood Management Corp. and a member of the Gracie Point Community Council, another group opposed to the facility. Glenwood owns a number of buildings that face Asphalt Green, the recreational space next to the marine transfer station.

Dorego has also raised $149,900 for Stringer, making him not only the borough president’s biggest campaign bundler but the biggest bundler for any city candidate. But Dorego said his support for the borough president isn’t tied to his views on the marine transfer station.

“I don’t support anybody based on one particular issue or not,” Dorego said. “I met him personally through this thing years ago, and we’ve become friends since, and I’m a supporter of his. I don’t necessarily tie my support to him to the marine transfer station, because I’m not naive enough to think the borough president could stop this plan. He has absolutely no control over it whatsoever. You could talk to the person who lives on 79th Street about that.”

But one longtime observer of the controversy over the marine transfer station said that Stringer has “always been purposefully vague.”

“His thing is always ‘I’ve never wanted to directly oppose the East 91st Street Waste Transfer Station, because I don’t want to alienate communities of color,’ but at the same time he has been willing to smack around the process, how it came about,” the source said. “He’s attacked the process, not the site. So he thinks that gets some goodwill with the community here. He’s basically playing both sides.”

If nothing else, there is digital evidence that offers a hint of where Stringer’s loyalties actually lie: On Facebook, the borough president “likes” Residents for Sane Trash Solutions, the group opposed to the transfer station.

jlentz@cityandstateny.com

This article first appeared in the May 7, 2012, edition of City&State.