Metropolitan Museum Historic District Coalition v. De Montebello

20 A.D.3d 28, 796 N.Y.S.2d 64, 2005 N.Y. App. Div. LEXIS 5810
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 31, 2005
StatusPublished
Cited by18 cases

This text of 20 A.D.3d 28 (Metropolitan Museum Historic District Coalition v. De Montebello) 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
Metropolitan Museum Historic District Coalition v. De Montebello, 20 A.D.3d 28, 796 N.Y.S.2d 64, 2005 N.Y. App. Div. LEXIS 5810 (N.Y. Ct. App. 2005).

Opinion

OPINION OF THE COURT

Nardelli, J.

In this appeal, we are called upon to review petitioners’ challenge, pursuant to CPLR article 78, to a certain expansion and renovation project commenced by the museum respondents, with the approval of the municipal respondents, to the extent that petitioners seek to compel a review of the project under the State Environmental Quality Review Act (ECL 8-0101 et seq. [SEQRA]), and to direct the museum respondents to produce [30]*30certain documents pursuant to the New York State Freedom of Information Law (Public Officers Law § 84 et seq. [FOIL]).

Petitioner Metropolitan Museum Historic District Coalition (the Coalition) is an unincorporated association of local residents which, due to alleged traffic congestion, pollution and safety problems, opposes planned and, to a great extent, completed renovations to respondent the Metropolitan Museum of Art (the Museum). The individual petitioners are apparently founders and/or members of the Coalition. Respondents include: the Museum, its Director, President, and Chair of the Board of Trustees; the City of New York (the City); the City of New York Department of Parks and Recreation (the Parks Department); the City of New York Landmarks Preservation Commission (the Landmarks Commission); Mayor Michael R. Bloomberg; and various officials and agencies of the City.

The Museum, originally founded by private citizens in January 1870, was incorporated by the State Legislature later that same year (L 1870, ch 197, § 1). The Museum, as expounded by the Legislature, was incorporated “for the purpose of establishing and maintaining in [the] city a museum and library of art, of encouraging and developing the study of the fine arts, and the application of arts to manufacture and practical life”1 (id.). In 1871, the State Legislature2 authorized the City to erect a building for the Museum on City-owned land in Central Park (L 1871, ch 290, § 2), and thereafter directed the Parks Department3 to lease the initial museum building, and future buildings to be erected on a specific, delineated portion of Central Park, to the Museum (L 1876, ch 139, § 2). The lease, executed and recorded on December 24, 1876, provided, as to its duration, that the demised building and property be transferred to, and held by, the Museum “as long as the [Museum] shall continue to carry out the objects and purposes defined in its charter, or [31]*31such other objects and purposes as by any future amendment of said charter may be authorized.”4

The Museum thereafter experienced ongoing construction and renovation, and in 1967 its Trustees recognized the need to expand the facility to accommodate recent, major acquisitions. In view of this, the Museum retained a prominent architectural firm to prepare a master plan, which resulted in a proposed construction project entitled “the Centennial Master Plan” (the Master Plan). On January 20, 1971, the Parks Department, after conducting public hearings and soliciting public comment, approved the Master Plan which envisaged, inter aha, the addition of five new wings and extensive, internal rearrangement of the existing buildings.

The construction contemplated by the Master Plan continued over the course of the following two decades and was, for the most part, completed by the early 1990s. The final leg of the Master Plan, however, which involved the renovation of the Greek and Roman Galleries in Wing K, was never realized and, as a result, became part of a new plan the Museum was developing as part of its decision “to renew its vision for the twenty-first century.” That plan, which was finalized for presentment to the City in October 2000, after several discussions with the Parks Department, is the genesis of this appeal (the 2000 Plan).

The 2000 Plan, in addition to the renovation of the Greek and Roman Galleries, called for, inter alia: increasing the capacity of the Uris Center for Education; creating a new, underground loading dock and registrar; reorganizing and improving food services, including a new central kitchen and additional public cafeterias; creating new auditoriums, galleries and library facilities within the existing museum footprint; and concealing existing rooftop mechanical equipment so as to improve the aesthetics of the view from Fifth Avenue. The 2000 Plan, in order to implement the above, provided for the addition of a second floor to the Rockefeller Wing and a total of 200,000 square feet of additional floor space.

The 2000 Plan was submitted for approval, on a Landmarks Commission application form, to then Parks Department Commissioner Henry Stern on November 13, 2000. Commissioner Stern thereafter signed off on the application on December 19, [32]*322000 stating, in an affidavit submitted to the motion court, that his approval pivoted on two primary concerns which the 2000 Plan satisfied: that the renovations would not extrude beyond the Museum’s existing footprint; and that the Museum would be able to meet its needs without detrimentally impacting Central Park, or the public’s use and enjoyment of it. The application, with Commissioner Stern’s signature, was then forwarded to the Landmarks Commission which, in reports dated March 27, 2001 and April 4, 2001, approved the various phases of the plan.

The murderous events of September 11, 2001, however, caused the Museum to reconsider its ambitious project, as revenue drastically decreased due to reduced tourism, cuts in government funding, and other economic factors. The Museum maintains that as a result of the sudden financial constraints, the scope of the 2000 Plan was curtailed so that: no more than 40,000 square feet of total floor space would be added to the Museum, rather than the originally planned 200,000 square feet; the scheduled demolition and replacement of the fountains on the Fifth Avenue plazas was abandoned; and certain projects, including the construction of additional space and a loading dock under the main plaza, were deferred.

The Museum began work within the parameters of the amended plan at some unspecified time and, by letter directed to the Museum and municipal defendants dated June 18, 2003, petitioners complained that the plans violated a long-standing commitment by the Museum not to expand onto additional land. The petitioners also opined that the construction would produce dire environmental consequences and demanded that the Museum cease and desist all work being performed under the 2000 Plan. The Museum, by letter dated July 17, 2003, rejected petitioners’ demand and stated, inter alia:

“The Museum does not have current plans to demolish, remove or replace its fountains, or to excavate under the plaza or behind the Museum. Such work has been considered but no decision has been made to proceed; if such a decision is made, any further needed approvals will be sought at that time. No thought is being given to reducing the number of parking spaces in the garage, to building above the existing roof line, or to expanding the perimeter of the Museum further into Central Park.”

It is this letter that petitioners now argue triggered the four-month limitations period. The Museum, in response to petition[33]*33ers’ subsequent letter of August 12, 2003, also rejected petitioners’ demand for certain documents pursuant to FOIL.

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Bluebook (online)
20 A.D.3d 28, 796 N.Y.S.2d 64, 2005 N.Y. App. Div. LEXIS 5810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-museum-historic-district-coalition-v-de-montebello-nyappdiv-2005.