Holiday Market Is Open

The Villager reports:

State Supreme Court Justice Jane S. Solomon on Monday dismissed the lawsuit filed last year challenging the Department of Parks’ reconstruction of the pavilion at the north end of Union Square Park.

The dismissal means that the reconstruction of the pavilion, which is currently underway, can proceed and include the infrastructure for a seasonal restaurant.

Members of the Union Square Community Co-alition and NYC Park Advocates had sued to block the entire reconstruction of the north end of the park and the plaza north of the park, claiming that the city failed to comply with state environmental laws and city land-use procedure, and that preparing the pavilion for private use as a seasonal restaurant was an illegal alienation of public land.

Judge Solomon ruled on March 30 that all aspects of the rehabilitation project were in a category of actions that do not require any further environmental review than was already conducted by the Parks Department.

The judge ruled also that the alienation claim was “not ripe” because a final determination of the use of the pavilion is subject to further administrative action — namely a request for proposals, or R.F.P., from private concessionaires to operate a restaurant. At the same time, the judge found that the zoning and land-use procedure issues were also “not ripe” because they rest on allegations that the operation of a restaurant would relinquish control of the park.

Nevertheless, she held that the plaintiffs would have the right to file a lawsuit later in the process.

Solomon said that operating an eating establishment in the park is consistent with public purpose, noting that the area around the pavilion, now being converted into an expanded playground, was previously used as the outdoor restaurant Luna Park Cafe. But she also said that not all restaurants in city parks would necessarily be permissible.

Parks Commissioner Adrian Benepe hailed the verdict, saying, “We are gratified at the court’s decision to allow us to continue the restoration of Union Square Park’s historic pavilion with public space and a seasonal concession. The pavilion is part of the Union Square Park’s north-end renovation, which includes a playground three times larger than previously, a restored plaza and many more trees.

Cars will mostly be banned from 14th Street starting July 1 as the city launches a busway to help speed up traffic on the busy Manhattan thoroughfare, DOT announced Monday.

Private through traffic will be banned between Third and Ninth avenues from 6 a.m. to 10 p.m. daily to accommodate the pilot busway during reconstruction work on the L train’s Canarsie tunnel. Cars will still be able to make pick-ups, drop-offs, and access area garages on the street during the pilot, according to DOT.

In April, Mayor Bill de Blasio announced that buses, trucks, and emergency vehicles would be given priority on the stretch of road—the same span that had been pitched for a busway under the original L train shutdown mitigation plan but was thrown up in the air after Gov. Andrew Cuomo suddenly swapped plans to repair the Hurricane Sandy-damaged tunnel. But the city had yet to unveil a launch date or hours of operation for the pilot busway until now.

“The 14th Street busway is great news for transit riders and neighborhood residents,” said Danny Pearlstein, the Riders Alliance policy and communications director. “By ensuring fast, reliable transit starting July 1, the busway will provide an excellent alternative to jam-packed L trains and expensive, inefficient car trips.”

To enforce the busway, new cameras on the buses will issue tickets to those violating the street’s new restrictions. But drivers will be given warnings and tickets will not be issued until at least September, according to the DOT.

The busway’s July 1 launch will also be accompanied by the MTA’s new M14 select bus service that will replace the current M14A and M14D routes and nix 16 existing stops—that’s down from 22 after public outcry over the slashed stops. Riders will have to swipe their MetroCards at machines lining the curb before boarding the new select bus service.

You can almost spot our building.

Amazing. The 10-foot-tall golden horse that will serve as decor in the upcoming PF Chang’s on University is still cooling its heels outside after more than six weeks. Why don’t they move it inside?

The soon-to-rise condo tower on University is selling fast, with both penthouses in contract at prices north of $10 million. Wow. Check it out here.

Grub Street reports the not incredibly surprising news that Union Square restaurant Irving Mill will close on January 1. The restaurant, known for its chef turnover, a major lawsuit, and its one-time super porky menu, has been, how shall we say, underpopulated of late (or, the last year of its life really). Regardless, the owners—two brothers and one’s wife—meant well and it’s a beautiful, large space. And that Ryan Skeen burger had some serious potential back in the day. Life goes on, and this space will go on, reopening as a Brother Jimmy’s BBQ, the fratty barbecue chain, in March. Just think: a new TGI Friday’s and a Brother Jimmy’s? Union Square is looking like the place to be in 2010.