People for Westpride, Inc. v. Board of Estimate

165 A.D.2d 555, 568 N.Y.S.2d 732, 1991 N.Y. App. Div. LEXIS 4753
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 16, 1991
StatusPublished
Cited by4 cases

This text of 165 A.D.2d 555 (People for Westpride, Inc. v. Board of Estimate) 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
People for Westpride, Inc. v. Board of Estimate, 165 A.D.2d 555, 568 N.Y.S.2d 732, 1991 N.Y. App. Div. LEXIS 4753 (N.Y. Ct. App. 1991).

Opinion

OPINION OF THE COURT

Kupferman, J.

The resolutions in issue amended the text of various sections of the New York City Zoning Resolution, viz., sections 12-10 and 74-74 concerning large-scale commercial, manufacturing and mixed-use developments in certain commercial and manufacturing districts and sections 22-40, 32-44, 42-46 and 74-68 concerning developments within or over railroad or transit rights-of-way or yards.

Prior to their adoption, the Departments of City Planning and Environmental Protection, as the designated permanent lead agencies under the City Environmental Quality Review procedures (CEQR), issued a statement of no significant effect, dated September 11, 1989, which, based upon an environmental assessment contained in a project data statement (PDS), dated August 9, 1989 and prepared by the Zoning Study Group of the Department of City Planning, found that the proposed amendments would not result in any significant adverse air quality or noise impacts on the existing environment and that no other significant effects on the environment which would require an environmental impact statement (EIS) were foreseeable.

The proposed amendments were then referred to the city’s 59 community boards and five borough boards for their comments and a public hearing was held at which no speakers [557]*557appeared. Petitioner, People for Westpride, Inc., submitted written comments in which it alleged that the amendments were designed to accommodate the pending Trump City and Manhattan West projects. Petitioner alleged that either the PDS or the negative declaration should have made mention of the fact that consideration of such projects would be made under the allegedly more relaxed standards of the large-scale development revisions.

These concerns were addressed by the Planning Commission in its report, dated December 27, 1989, which stated that although it firmly believed that some of the findings required by the proposed large-scale development amendment were at least as environmentally sensitive as those of the current text, if not more so, it nevertheless modified the proposed text changes to include, verbatim, the findings required to be made in the original text. The Commission then found that the proposed text changes, as amended in response to comments received from various community boards as well as People for Westpride, would have no significant effect on the environment. The Commission’s reports were then forwarded to the Board of Estimate, which, after a public hearing at which People for Westpride was heard, adopted the proposed text changes by a 6 to 5 vote.

Petitioners, who include the owners of more than 20% of the land adjacent to the old Pennsylvania Railroad yards on Manhattan’s upper West Side, allege that the text amendments violated the requirements of the State Environmental Quality Review Act, ECL article 8 (SEQRA), and the New York City Charter. They contend that such text changes altered the findings that the City Planning Commission is required to make before approving certain large-scale development projects by relaxing the environmental findings required before project approval and enlarging the lot area that certain proposed projects may include in computing floor area or bulk.

The principal focus of petitioners’ complaints is the proposed Trump City project to be built on the railway yard site, a 76-acre tract running from West 59th to West 72nd Street and from West End Avenue to the Hudson River, which is described as the largest undeveloped tract of land in Manhattan. The interveners are the developers of various other projects on the West Side who, with two exceptions, had been issued special permits under the amended provisions.

In ruling that the text changes were null and void ab initio, [558]*558the IAS court found that the PDS and the negative declaration demonstrated the city’s failure to consider foreseeable environmental impacts, both secondary and long term. It found that the PDS listed as "not applicable” almost every space in the multipage form relating to the present environment or the proposed text changes on the environment including, inter alia, traffic, air quality, noise, water and sewage, energy usage and solid waste

Since respondents had constructive, if not actual, knowledge of the, as then proposed, Trump City project,

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Bluebook (online)
165 A.D.2d 555, 568 N.Y.S.2d 732, 1991 N.Y. App. Div. LEXIS 4753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-for-westpride-inc-v-board-of-estimate-nyappdiv-1991.