Coalition Against Lincoln West, Inc. v. Weinshall

21 A.D.3d 215, 799 N.Y.S.2d 205, 2005 N.Y. App. Div. LEXIS 7820
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 14, 2005
StatusPublished
Cited by7 cases

This text of 21 A.D.3d 215 (Coalition Against Lincoln West, Inc. v. Weinshall) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coalition Against Lincoln West, Inc. v. Weinshall, 21 A.D.3d 215, 799 N.Y.S.2d 205, 2005 N.Y. App. Div. LEXIS 7820 (N.Y. Ct. App. 2005).

Opinion

OPINION OF THE COURT

Sweeny, J.

We are asked to determine whether, under the facts of this case, a supplemental environmental impact statement (SEIS) wqs required to be prepared and circulated before the issuance of a road closure permit.

This development project and concurrent litigation have a lengthy history. Some of the petitioners, which consist of various residents and organizations of residents and some of their elected officials, have participated in litigation involving a predecessor development project known as “Lincoln West.” Although that project had been abandoned, petitioner coalition has retained the name identified with it. The current developer is respondent Hudson Waterfront Associates. Respondent New York City Department of Transportation (DOT) is acting as the lead agency for the present phase of the project. The amici curiae parties represent a consortium of leading environmental and planning organizations, as well as neighborhood residents. Amicus curiae Riverside South Planning Corporation had [217]*217negotiated with the developer the configuration of the resulting project, taking into account the concerns of the environmental and planning organizations that comprised its membership. Its membership interests were aligned with those of the developer during the 1990s litigation on this project. Amicus curiae Committee for Environmentally Sound Development seeks to minimize the impact of large scale development. It had earlier joined the present petitioners against respondent Hudson Waterfront Associates in litigation involving construction of Riverside Boulevard in connection with this project. However, it currently argues in favor of the closure of the 72nd Street exit ramp as a traffic mitigation measure and is therefore contrary to petitioners’ position on this appeal.

The project itself is large and complex, consisting of several interlocking elements. It is located on approximately 74 acres on the West Side of Manhattan between 59th and 72nd Streets along the Hudson River and calls for the construction of 16 buildings containing mixed-use facilities, as well as a 21.5 acre waterfront park. Construction is to take place in two phases: Phase I consists of the construction of eight buildings between West 72nd and West 64th Streets. Phase II consists of the construction of the remaining buildings between West 64th Street and West 59th Street. Five buildings have been constructed to date, with two others presently under construction. The project has been the subject of tremendous public interest and controversy, and has spawned much litigation since its inception.

The present controversy concerns the proposed closure of the 72nd Street ramp from the West Side Highway/Henry Hudson Parkway, and the southern extension of Riverside Drive. The final environmental impact statement (FEIS) was published in 1992 and, as required by the State Environmental Quality Review Act ([SEQRA] ECL art 8), analyzed the entire project, including the cumulative impacts for the two proposed phases of construction. At that time, the closure of the 72nd Street ramp and the correlating transportation adjustments were assumed to be an integral component of the project but, lacking approvals from the necessary permitting agencies, were not scheduled for construction. Rather, the proponents of the project at the time made the assumption that the ramp would be closed and incorporated this assumption into the FEIS. It was further assumed, for the purposes of the FEIS, that if closure were ultimately disapproved, a new full environmental impact [218]*218review process would be necessary under both the state and city environmental laws. However, the impact of the closure was evaluated as part of the overall FEIS.

Given the fact that construction of the project was to take place in two phases, the 1992 FEIS focused, inter alia, on two alternative plans for the West Side Highway, each of which would have consequences for the contours of the Riverside Drive extension, its connections, and how it tied in with existing traffic arteries, including at 72nd Street. Since the decision regarding the relocation of the highway was assumed, at the time, to require a separate agency action, it could not, at that point, be determined which alternative would be incorporated into the final plan. As a result, both alternatives were analyzed. As to each alternative, the closure of the 72nd Street exit was relevant and assumed. Hence, the FEIS focused on the overall street and traffic patterns the project would engender, rather than the 72nd Street exit closure as a distinct element. The exit was relevant and reviewed only insofar as it tied in with the larger plan. The scheduling of the exit closure necessarily ties in with final decisions regarding realignment and/or reconstruction of the West Side Highway. Construction of the Riverside Drive extension necessarily is also tied in with the exit closure. These are linked, rather than separate events.

With respect to traffic patterns resulting from the exit closure, the traffic studies incorporated in the 1992 FEIS found that closure of the exit will have, at most, marginal traffic impacts during construction and ultimately will have an ameliorative effect on traffic in surrounding areas. Of note is the fact that the 79th Street exit is located a short distance north of the 72nd Street exit.

In February 2003, respondent developer formally requested that respondent DOT, the agency with jurisdiction over exit ramp closures, authorize the closure of the 72nd Street exit pursuant to the 1992 FEIS. The request acknowledged that if DOT identified significant environmental impacts not identified in the FEIS, a SEIS would be needed. It further acknowledged that agreed-upon mitigation measures would be implemented in connection with the closure, as specified in the FEIS, and a new traffic study would be undertaken.

In May 2003, the developer submitted to DOT, as lead agency, and to the New York City Department of Environmental Protection and the City Planning Commission (the latter being “interested agencies” under SEQRA), a Technical Memoran[219]*219dum specifically analyzing whether the exit closure would result in any significant adverse traffic, air quality or noise impacts that were not identified in the 1992 FEIS. This memorandum stated that absent the closure, it would not be possible to create north/south traffic connections between West 72nd Street/ Riverside Drive and Riverside Boulevard. Further, an alternate design analysis had been conducted assuming no closure of the 72nd Street exit, which was found to be neither feasible nor safe. The methodology and area of the updated 2003 traffic study projections for following years were identified. The memorandum, which is extensive and comprehensive, contained studies that evaluated whether conditions had changed since the drafting of the FEIS, and specifically targeted the 72nd Street exit. DOT issued comments, requested additional traffic studies as well as revision of estimates based on updated data, and requested another “No Build” model be developed and factored into the memorandum. The Technical Memorandum was revised and addressed the concerns raised by DOT’s comments.

On January 9, 2004, DOT issued a findings statement which, inter aha, stated that the relevant SEQRA and City Environmental Quality Review (CEQR) requirements were considered, reasonable alternatives (including a “No Build” alternative) were evaluated, and specifically evaluated was whether the passage of time allowed for the occurrence of impacts not identified in the FEIS.

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Cite This Page — Counsel Stack

Bluebook (online)
21 A.D.3d 215, 799 N.Y.S.2d 205, 2005 N.Y. App. Div. LEXIS 7820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coalition-against-lincoln-west-inc-v-weinshall-nyappdiv-2005.