The
WIRE's 20th year

Supplemental coverage
updated January 5, 2002
Chronology:
Recent Events and Developments on Southtown
1997
4/10 The Roosevelt Island Operating Corporation conditionally selects, as developers for the Southtown project, The Related Companies and The Hudson Companies (Hudson/Related).
July The developers and Morse Diesel (RIOC's representative) meet with architects Thoreson and Linard and the Alternative Southtown Design Committee, headed by Attorney Robert Chira, a resident of Rivercross.
8/27 RIOC and the developers sign a "designation letter" that requires each to do certain things before the developers can receive "final designation" for the project.
1998
1/13 Developers present RIOC with preliminary plans for Phase I, with pro forma financial information.
4/4 Cost Allocation Agreement signed by RIOC and Hudson/Related, requiring design planning and meetings with community groups for their input on the project design.
9/15 Developers and RIOC agree that Hudson/Related will pay for demolition of the abandoned Nurses Residence on the Southtown property once Phase I construction starts. RIOC is to pay $725,000 for an engineering analysis, to fund all infrastructure work for Phase I. Deadline of December set for delivery of environmental assessment.
Tue 11/10 Architect Max Bond shows residents a model of the Hudson/Related proposal for Southtown, consisting of nine structures – six on the Manhattan side of the Island ranging up to 16 stories, three on the Queens side, ranging up to 28 stories. The plan includes a soccer field at the south end of the site, on the Queens side, near the Queensboro Bridge.
12/98
Joseph Lynch of DHCR announces formation of the RIOC Board's Capital Planning and Development Committee, charged with reviewing Island development proposals and advising the RIOC Board on them.
1999
Sat 4/10 As the Roosevelt Island Residents Association gears up for possible legal conflict over development (WIRE report), The Main Street WIRE publishes an analysis of the Lease and the General Development Plan (GDP), foreseeing a "struggle for the Island's soul."
August Southtown developers Hudson/Related are now pushing for fast "final designation" because they have found a tenant for the first building – an east-side medical institution. At a September 8 RIRA Common Council meeting, Jeff Hochman expresses concern that this means those dwelling in the building may be transients uninterested in the Island's long-term future. WIRE report
9/1 In the delayed August meeting of the RIOC Board's Capital Planning and Development Committee, Chair Frank Angelino asks for a "sense of the committee" on the Southtown developers. Assured by RIOC President Robert Ryan that they are not voting on the final design of the development, but only on the developers, committee members vote for final designation status for Hudson/Related.   Transcript
 
WIRE editorial
 
 
Wed 9/22 The RIOC Board of Directors votes "final designation" for developers Hudson and Related. Its resolution includes language approving the layout of buildings on the site. The Board authorizes expenditure of $4.56 million for infrastructure, but limits the pay-out to $725,000 until after RIOC has received reimbursement from the City for "certain seawall costs," language which later raises suspicion that RIOC is diverting funds intended for completion of Octagon Park.  WIRE report.
Under the approved plan, developers Hudson and Related are committed to build, in two phases, 800 to 1,000 apartments of the projected 1,956 total. Hudson/Related also commit to the cost of demolishing the Nurses Residence in Phase II. Pro forma financials indicate that the initial phase will be predominantly studio and one-bedroom apartments.
RIOC's approval of the plan brings almost immediate criticism that it was done without a serious review of the plan's specifics by the RIOC Board's own Capital Planning and Development Committee, that there is no commitment to off-site concrete mixing, that the nature of the dwelling units favors transient populations, not families, and other matters.
 
Tue 9/28
Attorney Jeffrey Glen of DeForest & Duer, retained to represent the Roosevelt Island Residents Association on development matters, appears in a public meeting to talk about legal strategy in potential litigation against the Roosevelt Island Operating Corporation or developers.

Transcript.


Sat 10/9 The Main Street WIRE editorializes that the RIOC Board's Capital Planning and Development Committee spent too little time considering Southtown before assenting to final designation of developers Hudson and Related; a map of the site and nearby structures, says The WIRE, shows that one building will effectively form a "wall" across Main Street, as charged by Robert Chira of the Alternative Southtown Development Committee.
Wed 11/3 RIOC President Robert Ryan tells a meeting of the Residents Association Common Council that the RIOC Board of Directors did not go too far in approving a layout for Southtown buildings in their 9/22 resolution, saying the plan had been supported by a consensus of the Board's Capital Planning and Development Committee. Robert
Ryan, President of RIOC
Wed 11/10 The developers tell an open meeting of the RIRA Planning Committee that they David Wine of The Related Companies,
     and David Kramer of The Hudson Companiesexpect to reach "signature stage" on construction on three buildings within about three months. They tell The WIRE they consider their "massing plan" final as approved 9/22 by the RIOC Board. Their plan to house employees of an east-side hospital in the first building raise concerns about a "transient" population.

Transcript.
WIRE report.
Mon 12/6 At a RIRA Legal Action Fund Committee meeting, Common Council members Linda Heimer and Ron Schuppert present a rough-draft alternative plan for Southtown that would leave the soccer/baseball fields without buildings. It is agreed that Schuppert, a member of the Legal Committee, will call RIRA's legal counsel and determine what legal action might be taken, and that RIRA President Patrick Stewart would arrange a meeting of interested parties: RIOC, RIRA, Morse Diesel, and the developers.
Wed 12/8
 
 
RIRA Common Council meeting receives the rough alternative plan favorably, but takes no action.
 
Common Council meeting 12/8/99
Thur 12/9 At December's RIOC Board meeting, Schuppert raises the question of the source of funds RIOC plans Schuppert at RIOC meeting 12/9 to use to extend infrastructure to the new buildings, concerned that funds may be diverted from construction of Octagon Park. RIOC Board member Frank Angelino, who chairs the Board's Capital Planning and Development Committee (CPDC), praises the Southtown plan for providing a 200-foot buffer between existing housing and the new buildings, saying that's typically not available anywhere else in the City. RIRA President Patrick Stewart (at this point is still sitting on the RIOC Board as an observer) discusses the record of public hearings and meetings on Southtown, saying there has been adequate opportunity for input by the community.
Wed 12/15 The beginnings of RIRSD, Roosevelt Islanders for Responsible Southtown Development, occur when Ron Schuppert, Steve Marcus, Linda Heimer and others meet to talk over their concerns that nothing is being done to challenge the Southtown buildings planned to occupy Blackwell Field.
Tue 12/21 Forty residents attend a meeting in Rivercross; most pledge financial support. RIRSD is formed and named, and a steering committee meets.
Margie Smith, Rivercross Lee Edelman, Island House Linda Heimer, Rivercross Joyce Mincheff, Eastwood Steve Marcus, Rivercross Nurit Marcus, Rivercross
Margie Smith, Lee Edelman, Linda Heimer, Steve Marcus (chair), Joyce Mincheff, Nurit Marcus,
of the RIRSD steering committee
Wed 12/22 DeForest & Duer agrees to represent RIRSD in an Article 78 challenge to the RIOC Board's action in approving Southtown plans, but only if the RIRA Legal Committee sees no conflict of purpose.
Tue 12/28
 

An emergency meeting of the RIRA Legal Fund Committee considers whether RIRA and RIRSD should act jointly, and whether RIRA should allow DeForest & Duer to take RIRSD's case. Neither is approved, but it is agreed the RIRA Common Council should consider the matter. An emergency meeting of the Common Council is scheduled, then cancelled when RIRSD temporarily opts against asking RIRA for a joint effort.

2000
Tue 1/4 David Kramer of
     Hudson CompaniesDeveloper David Kramer of The Hudson Companies, after reading a brief report on RIRSD's activities on Website NYC10044, calls RIRSD steering committee member Linda Heimer. He says he sees relinquishing the soccer field area as a change too major to negotiate.
Wed 1/5 Nurit MarcusSteve and Nurit Marcus make "one last appeal" at a RIRA Common Council meeting, asking for support of the RIRSD action and alternative plan. The Council votes against joining RIRSD in its action, but passes a milder resolution that RIRA should "explore" working with other community groups, and to consider pursuit of an Article 78 motion if it can be determined that a four-month window for action is about to expire.
Sat 1/8 In his WIRE column, RIRA President and RIOC Board member Patrick Stewart accuses RIRSD of "hidden motivations" and creating "drama concocted out of misinformation and distortion." He writes that RIRA is "working on a solution that will be far more effective, and far less costly," and pledges, "I give you my personal promise that the General Development Plan will not be compromised."
Sat 1/8 RIRA Common Council meeting 1/8/2000
At an emergency meeting, the Common Council votes 18-0. with three abstaining, to ask the RIOC Board to withdraw its approval of the Southtown "plan and project," agreeing with a member of the CPDC that no advisory vote had been taken to support the plan. It turns down a motion supporting "the preservation of Blackwell Field free from housing development." Patrick Stewart recuses himself from participating in the meeting, having been advised by RIRA attorneys of a "possible conflict of interest" due to his membership on the RIOC Board of Directors.
Wed 1/12 RIRA VP Joan Christianson meets with RIOC and later reports that RIOC consulting attorney Barbara Espejo defended the RIOC position regarding the acreage designated for Southtown.
Wed 1/12 Karen Stewart writes to DeForest & Duer, having discovered that the GDP calls for a six-acre Blackwell Park. (The present park is about three acres, and there appears to be no clear way to expand it to six acres without including Blackwell Field. Doing so would satisfy RIRSD's main demand - that Blackwell Field be removed from the Southtown construction zone.)
Full text of letter
Thur 1/13 Joan Christianson reading Karen
          Stewart's letter to DeForest & Duer At the RIOC Board of Directors meeting, speaking to the RIOC Board, Joan Christianson reads Karen Stewart's letter to DeForest and Duer.
Thur 1/20 Ryan, at RIOC Board
     meeting, listens to reading of letter to Residents
     Association attorneysRIOC President Robert H. Ryan affirms to The WIRE that RIOC stands by its RFPs and its interpretations of the General Development Plan. Developer David Kramer, speaking for both Hudson and Related, says Hudson/Related will rely on "legally-binding maps." which he says show Blackwell Field as part of the area allowed for Southtown construction.
Thu 1/20 Rivercross resident Robert Chira, an attorney, filles an Article 78 challenge against RIOC. Text of petition.
Mon 1/24 Attorneys for RIRSD file its Article 78 challenge. RIOC is named, as well as the City Department of Environmental Protection, the chosen Southtown developers, and others.  Text of petition.
Thu 2/3 RIRA President Patrick Stewart and First Vice President Joan Christiason jointly issue a personal position paper on Southtown.  Full text.  This generates a controversy over whether such statements should be issued without the endorsement of the RIRA Common Council. Stewart says the RIRA constitution gives him the authority to do it.
Fri 2/4 The Main Street WIRE reports that RIOC may be diverting funds from Octagon Park to construction of infrastructure for Southtown, a charge contained in the RIRSD Article 78 petition.
February RIOC hires outside Counsel in the Article 78 actions. He is Stephen Kass of Carter Ledyard & Milburn, He calls the actions "conspicuously without merit." Developers Hudson and Related also engage Counsel in the cases.
Wed 3/8
Residents Association Vice President Joan Christianson tells the organization's Common Council that RIOC has been unresponsive to RIRA's pleas regarding compliance with RIRA's view of the Island's General Development Plan. In a statement she tells the Council RIRA may need to intervene in the suits brought by RIRSD and Robert Chira, and says the cost may be $6,000 to $10,000.   WIRE report.
Tue 3/28 Attorney Jeff Glen appears before a special meeting of the RIRA Common Council, recommending that RIRA intervene in the existing Article 78 actions with an emphasis on the General Development Plan's authority in control of Island development.  The Council votes $10,000 for the effort.  WIRE  report.   Papers – including a Memorandum of Law and an affidavit by Christianson – are subsequently filed.

4/15 RIRA files papers seeking to intervene in both the RIRSD and Chira actions.
Late April Robert Chira files papers opposing intervention by RIRA, saying the Residents Association participation would add nothing new to the case, and that it is attempting to "bootstrap" itself, late, into the same status as RIRSD and Chira's group, the Alternative Southtown Design Committee.       WIRE report.

RIOC and the developers file court papers carrying their claim that the City Council's 1990 rejection of a GDP amendment reducing the size of Blackwell Park from "approximately six acres" to about three acres did not, on the other hand, require an increase from the de facto size of 3.86 acres to "approximately six." WIRE report.

RIOC also announces its own opposition to the RIRA intervention, citing (among other considerations) the fact that RIRA counsel Jeffrey Glen is married to a past President of RIOC, Rosina Abrahamson.

Robert
          Chira
Wed 5/3 Ending a conference in Chambers, Justice Harold Tompkins of the New York State Supreme Court sets Wednesday, May 17, as the date for oral arguments on their positions. He tells lawyers for RIOC, Hudson/Related, and RIRA that he will decide whether to allow Residents Association intervention at that time, and consider other motions in the two cases. He sets May 12 as a deadline for service of all legal papers in both suits.
May 17 Justice Harold Tompkins Dealing with wall-to-wall lawyers representing six parties in the two Southtown suits, Justice Harold Tompkins allows another week for delivery of final papers in the cases; speaking with The WIRE, he suggests a decision will not be likely before sometime in July.  Report.  (The parties are [1] RIRSD, [2] RIRA, [3] Chira, [4] the City DEP, [5] RIOC, and [6] the developers, Hudson and Related.)

Editorial
At least one attorney represented each of six parties in the
Article 78 actions.  Here, they are seated in the first and
second rows of Justice Tompkins courtroom.  VP Joan Christianson
of the Residents Association is a far right.
Identifications
July 5 In a 2200-word decision, Tompkins rules that RIRSD filed its Article 78 proceeding too late, which is immediately questioned by RIRSD attorneys. He dismisses all points of the Chira case, ruling against arguments that environmental considerations were inadequately handled, and ruling that Blackwell Park had already been reduced in size by earlier overbuilding. RIOC prevails on all points, but petitioners' attorneys see the decision as flawed and easily appealable.   Report
July 5 Attorneys Stephen L. Kass (for RIOC) and David Paget (for the developers) immediately write Tompkins to call his attention to the "inadvertent identification" of RIRSD and RIRA "as the same entity." The letter points out that RIRSD's petition was filed within the allowed period and asks for corrections that will extend the decision to cover points raised by RIRSD in its Article 78 petition.
July RIRSD's attorneys file Notice of Intent to Appeal the Tomkins decision.
Nov. 7 Matthew Katz, running on a platform that includes opposition to the Hudson/Related plan for Southtown, wins the Presidency of the Roosevelt Island Residents Association, beating H. Patrick Stewart, the incumbent running for a third term; Stewart had expressed satisfaction with the Hudson-Related plan and had opposed initiatives toward local elected control of Island affairs favored by Katz.  (A referendum on locally- elected control wins with 80% of the vote. The Katz/Stewart split is 58.9% to 31.6% in the Presidential race.)
November RIRSD engages a new law firm for its appeal, LeBoeuf, Lamb, Greene & MacRae, which takes the case on a pro bono basis.
December RIOC begins preliminary work on the Southtown site, widening the west service road that runs from Northtown past the subway station to the Tramway station.  According to reports, contracts have not yet been signed between the State Department of Housing and Community Renewal and the developers.
 
        WIRE report.
2001
January Work continues on widening the west roadway.

By April, the Central Nurses Residence (CNR) has been cleaved by hand demolition, leaving only its two end structures standing. (The inset picture was taken in 1998.)
June 12 Scheduled date for Appeals hearing in the RIRSD and Alternative cases against RIOC's plan for Southtown. Analysis of the legal cases by Robert Laux-Bachand as reported in The Main Street WIRE
Dec. 18 The Appellate Division of the State Supreme Court hands down a decision giving total victory in the Southtown case to RIOC. Main Street WIRE reports
WIRE analysis
Text of the decision
RIOC Board comments
Statements by parties
WIRE editorial
The Southtown site as it appeared immediately after the
Court's decision
2002

 

Return to current issue
Top of NYC10044