Appellate Court Upholds
City
On Washington Square Park
Renovations Can Go Ahead.
Henry J. Stern
March 9, 2007
Parks & Recreation received a green light yesterday when the Appellate
Division, the state's intermediate appeals court, unanimously overturned
an injunction against continuing work on renovations in Washington Square
Park that had been granted last summer by Justice Emily Jane Goodman in State
Supreme Court. You can link to the court's opinion
here.
Parks has been trying for over three years to renovate the historic park.
Its plans were approved two years ago by Community Board 2, an official group
that advises city agencies. Opponents of the renovation charged that
Parks had modified the plans, and that resubmission to the Community Board
was required. They also said Parks had failed to inform other city
agencies of the design with sufficient specifity.. The Corporation
Counsel, who is the city's lawyer, argued in response that Parks had
made adequate disclosure, did not need to go back to the Board for
every modification of the design, and that in any event the Community Board's
decisions were, under the City Charter, purely advisory.
The principal objections to the plan revolved about the relocation of the
fountain so that it would be viewable through Washington Arch just south
of Fifth Avenue. The new fountain would have a 45-foot jet spray.
The court ruled that Parks was sufficiently forthcoming with both the Art
Commission and the Landmarks Preservation Commission, the city agencies with
relevant jurisdiction.
Without judging the merits of the plan, it appears clear to us that Parks
had a right to do as it did. The Mayor and the City Council had
funded the project, and the plans had been widely displayed. Greenwich Village
is a contentious community, and dozens of decent and honorable people who
care deeply about the park were satisfied with the way it was and saw no
need for change. Other Villagers took the opposite point of view.
The physical condition of the park had deteriorated during the past thirty-odd
years.
Washington Square Park has deep emotional significance to many people, dating
back to the 1950's, when Villagers led by the late Shirley Hayes fought off
a plan by Robert Moses to run buses through the park to West Broadway, which
he wished to rename Fifth Avenue South. That plan was defeated at a
time when Moses was still a powerful figure. The opposition had a powerful
supporter in the local Democratic district leader, Carmine G. DeSapio.
The Villagers later succeeded in removing buses from the park entirely.
The area around the arch had been used for years as a bus turnaround, an
inappropriate invasion of public parkland. Local efforts to protect
and improve the park continued in the 1960's, aided by the new Democratic
district leader, Edward I. Koch. BTW, former Mayor Koch waded into
the current controversy with an article in the Villager, titled "
How's
the park doin'? Awful. It needs renovation." .
Twenty years later, when I was Parks Commissioner under then-Mayor Koch,
who had advanced from District Leader to the City Council and then to Congress
before he was elected Mayor, there was another effort to renovate the park.
A dispute arose between those who wanted the park to be improved modestly
- no major changes - and those who wanted things just as they were.
My judgment was that there were many neighborhoods in the city anxious for
park improvements. Why spend tax dollars to upgrade Washington Square
Park, where all you would get was an argument.
As a result of Greenwich Village's experiences over fifty years, with Moses'
proposed Lower Manhattan Expressway, an attempted invasion for middle-income
housing, the mapped but unbuilt Verrazano Street, the widening of other streets,
the designation and delineation of a historic district, the future of Jefferson
Market Courthouse, built from 1873 to 1877, and adjacent to the Women's House
of Detention which faced Greenwich Avenue, and many other issues, the flame
of controversy burned brightly in a community known as a haven for artists
of all kinds.
The Bloomberg administration was more persistent than we were in their effort
to add green space to the park and make it more attractive, in their judgment.
Commissioner Adrian Benepe chose Village architect George Vellonakis, who
had designed many small parks along the Avenue of the Americas, to oversee
the project.
In situations like this, there is often the tendency in government, regardless
of the merits of the issue, to say 'why bother?' This is not
a sewage treatment plant or a waste transfer station, which can be regarded
as public health necessities, even though no one wants them in their own
neighborhood. A park is an amenity which people should welcome.
If some like it and others don't, one should feel free to do what one thinks
is right.
There is, however, an anti-government mentality , starting with Watergate,
which opposes any action by the state, whether it is right or wrong.
Almost all our Village park projects encountered opposition, sometimes from
people who lived across the street, occasionally from critics of the design.
We wanted to move a World War I memorial statue in Abingdon Square
Park twenty feet southwest so it would be far more visible to the public
and not veiled by trees, and the naysayers generated letters from aging veterans
who said it would be an insult to those who gave their lives for their
country for the statue to be moved an inch.. We persevered, the
statue was moved, and now people know it is there..
In a simple view of government, the people are supreme. Every four years
they elect the mayor, and he appoints commissioners. The ultimate remedy
for those dissatisfied with decisions by commissioners is to throw out the
mayor, and elect a mayor who will appoint commissioners who are more to their
liking.
What plagues local government today is the plethora of small groups, pressing
their own particular likes and dislikes. Local elected officials are
pusillanimous in their fear of any assembly of ten or more people who
visit them to complain. They have no problem attacking officials above
them in the food chain, but they become jelly when groups of voters approach
them with a demand for action. Sometimes, these issues are Nimby (Not
in my backyard).. Other times they reach the level of Banana (Build
absolutely nothing anywhere near anybody).
On some of these disputes, the local people are absolutely right, and they
deserve credit for their protestations. . Just because someone holds
public office, he/she is not automatically gifted with superior wisdom.
Arrogance, whether expressed or not, is too common a trait in politics.
This is not a broadsheet against public involvement, it should be welcomed
with courtesy and given a fair hearing. What is irritating, however,
are the quivering local officials who take sides without regard to the merits
simply because they believe it to be in their own interest not to alienate
any voter. . They have a higher responsibility than pleasing any crowd that
appears before them. They should try to meet it. Of course, he
said, this does not apply to every local elected official, it's not you,
buddy, it's the others. We all know that.
I was surprised at the intensity of feeling on the park issue. One
fine, intelligent woman who I have known since she was a small child, said
to me publicly, "You've gone over to the Dark Side". In case you don't
know, that was a Star Wars reference. I could only respond, "I am not Darth
Vader."
I believe that if the Washington Square renovation goes ahead and the work
is completed, the great majority of Villagers will be well satisfied, the
fountain, like the Abingdon Square statue, will be brought into the light,
there will be more grass to lie on, and the park, now about 150 years old,
will be more attractive for the next thirty years, at which time the controversy
will undoubtedly be renewed by our successors.
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