NYU’s Massive Rezoning Request

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.

The suburbanization of Union Square continues with the arrival of the Panera Bread chain on Union Square East between 14th and 15th Streets.

David Chang’s impressive restaurant empire is a joy to have in the neigborhood. His latest accomplishment is the weird and wonderful Momofuku Milk Bar on 13th near 2nd Ave. Try it out for some wild and tasty takeaway desserts. A little pricey, but it’s one of those “only in New York” things. We’re lucky to have it. Get the crack pie or the compost cookies.

Our newest neighborhood business, Crumbs Cupcakes, opens on Friday on University between 13th and 14th. The big news: they’ll give away 1,000 cupcakes. No word yet on the opening time, but line up early.

Have you noticed that many dry cleaners, including the one on 13th closest to our building, are now billing themselves as “organic?” What does that really mean. Not much in reality. Click here to read an article and watch a video report.