Standing at the foot of the historic, 112-year
old City Island bridge, Senator Klein, community leaders, and local business
owners announced the filing of a civil lawsuit against the Department of Transportation
as part of their effort to halt construction on the bridge's controversial new
replacement. The new bridge's proposed design includes a 150 foot tower and an
aesthetic that many residents believes threatens the unique and historic
character that drives thousands of tourists to City Island each year. Despite
serious concerns raised by community members, Island residents and business
owners were never formally invited to be part of the process.
When the Department of Transportation announced
work on a temporary bridge in late September, the City Island Civic Association
met with Senator Klein to explore possible legal options. After meeting with
the City Island Civic Association, Senator Klein, working with volunteer staff
members from the offices of Bronx Borough President Ruben Diaz Jr., Assemblyman
Mike Benedetto and Council Member Jimmy Vacca, developed a legal strategy to
ensure that voices of City Islanders are heard and that the proposed design is
subject to a more comprehensive review prior to construction.
Senator Jeff Klein said, "Putting a cable-stayed bridge over Eastchester
Bay is like telling the Starship Enterprise it can land at LaGuardia – it just
doesn’t fit. We should not have to sacrifice the majesty of City Island in
exchange for a 21st century bridge. As I have said all along, the community
should have been consulted throughout this process. With the Department of
Transportation moving ahead with a design that does not address some of the
community's biggest concerns, I think it's important we file this lawsuit to
make sure that the City Island community's voices are heard.
"After reviewing
possible courses of action against the proposed design for the new bridge, I
have worked with the Civic Association on developing a legal strategy. Working
with the Bronx Borough President Ruben Diaz Jr., Assemblyman Mike Benedetto and
Council Member Jimmy Vacca, I plan to do everything possible to ensure that the
City Island community's voices are heard."
City Island Civic Association Officer, Barbara
Dolensek said, “For over 10 years
the Civic Association has tried to get the Department of Transportation to
honor our concerns about the new bridge, but they continue to force a bridge on
us that City Island residents and business owners don't want. Finally, with the
help of Senator Klein and other local elected officials, we have found a way to
make sure our voices are heard!”
In the lawsuit, the City Island Civic Association and Barbara
Dolensek, challenge the action of the New York City Department of
Transportation in moving forward with the replacement of the City Island Bridge
and the construction of such replacement bridge by the contractor, Tutor Perini
Corporation, without a completed Uniform Land Use Review Procedure (“ULURP)
review. The ULURP review is required under Section 197-c of the New York City
Charter. The purpose of the ULURP review is to measure the impact of proposed
land uses and to take into account community input.
On September 30, 2013, the New York City Department of
Transportation issued a Notice to Proceed with construction to Tutor Perini
Corporation, without a completed ULURP review. As a result, NYC DOT is in
violation of procedures set forth by ULURP.
The City Island Civic Association and Barbara Dolensek are
seeking a Court order compelling a completed ULURP review prior to any funds
being allocated or expended for or beginning construction in connection with
the replacement of the City Island Bridge and a temporary restraining order and
preliminary injunction to maintain the status quo during the pendency of this
action. As the press conference concluded, Senator Klein was notified that the
temporary restraining order had been issued.
“The people of City Island have the right to voice their
concerns or support for the construction of a new City Island Bridge,
and this lawsuit will ensure that this proposed bridge is subject to
complete review. I strongly believe that the DOT should begin the ULURP process
immediately, so that City Island residents have their chance to speak out on
this proposal before a single shovel hits the ground. City Island residents
have expressed real concerns with the design and cost of this bridge and it is
imperative that the ULURP be completed with transparency and collaboration with
the residents and businesses of City Island before the City moves forward with
its new design. I look forward to an amicable resolution to this
entire matter,” said Bronx Borough
President Ruben Diaz Jr.
City Island Chamber of Commerce President Skip
Giacco said, "From the
Chamber's point of view, City Island is successful as a destination because it
offers an alternative to the high-rise, high-density parts of the city. If
built, the bridge, in its current design, will mark the beginning of a change
on City Island that many residents and business owners don't support. At the
very least, I believe that taking legal action will help ensure that our
community's input is taken seriously."
