PVHD and Coalition
File Suit
Protect the Village Historic announced on March 9 that it has sued the New York City Landmarks Preservation Commission and St. Vincent's Catholic Medical Centers to block the demolition of the historic Curran/O'Toole building and prevent construction of 400 luxury condos and a 300 foot hospital tower in the midst of the Greenwich Village Historic District. The suit alleges that the LPC's approval of a 'hardship' application for the demolition misconstrued the City's Landmarks Preservation law and failed to properly consider viable alternatives.
PVHD is joined in the lawsuit by the Historic Districts Council, DoCoMoMo New York-Tri state, Defenders of the Historic Upper East Side and Landmark West! as well as by numerous Village residents and buildings.
The suit seeks to prevent the demolition of this landmark modernist building on Seventh Avenue between 12th and 13th Streets which was authorized by a narrow 6 to 4 vote by the LPC on October 28, 2008. The demolition is part of the Rudin/St. Vincent's development plan to construct a 300' hospital tower and a 235' luxury condominium tower in the midst of historic Greenwich Village. The Commission's approval of a hardship application followed its unanimous determination of May 6, 2008 that the Curran/O'Toole Building makes a unique contribution to the Village Historic District and that demolition of Curran/O'Toole would not be appropriate under the landmarks law.
The suit alleges that the LPC failed to follow the hardship standards previously established by the U.S. Supreme Court. In particular, the suit alleges that the LPC acted illegally by allowing St. Vincent's to claim hardship when the Curran/O'Toole Building was acquired by St. Vincent's AFTER the landmarks restrictions were already in place and is fully adequate for the purposes for which St. Vincent's acquired it—clinics and office space. The suit also points out that St. Vincent's made no assertion of financial need.
Commented Tom Molner, PVHD Chair: "We seek the assistance of the courts to require our City's Landmarks Preservation Commission to fulfill its duty and protect the Greenwich Village Historic District. We are gratified that in October four LPC Commissioners agreed with our position and voted to reject this hardship application. Our landmark districts are the jewels of the City of New York. It has always been apparent that ample alternatives to this insensitive and wasteful plan exist. Even more options are available in today's market."
Commented Al Butzel, counsel to PVHD: "Our suit alleges that the LPC failed to properly apply the key Supreme Court precedents which saved Grand Central Terminal and St. Bartholomew's Church. The LPC did not make an adequate investigation of alternatives, including the potential reuse of St. Vincent's existing buildings. Our brief includes suggestions for a mid-block facility that is appropriate to the Historic District and can be developed while the hospital remains in operation."
Commented Delia Guazzo, PVHD Steering Committee member: "We appreciate the broad level of support for our efforts to protect Greenwich Village from this destructive plan. PVHD currently has over 1,000 members. We are grateful to the Historic Districts Council, DoCoMoMo New York-Tri state, the Defenders of the Historic Upper East Side and Landmark West! who have recognized that this threat to Greenwich Village is a threat to preservation across our city and beyond."
Click here, to download the press release.
6/09 : Update
LPC reviewing Rudin portion of proposal
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5/09 : Update
SNOOKERED
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3/09 : Update
LPC approves Hospital Design; Law Suit Moving Forward
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2/09 : Update
LPC CALLS ST. VINCENT'S HOSPITAL PLAN INAPPROPRIATE
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11/08 : Update
Moving Forward
PVHD is committed to winning this. The coming year will be busier and more complicated than 2008, because the proposal will be under consideration in multiple forums. We must redouble our efforts to ensure that any redevelopment of the St. Vincent's campus respects the unique character of the Village Historic District. Therefore, PVHD intends to:
- Appeal the LPC Decision to the Courts. We believe that the LPC got it wrong on the facts and on the law. St. Vincent's bought the Curran/O'Toole building subject to Landmarks protection and continues to use it for the same purpose for which it was acquired — offices and clinic space. The Commission was shown that alternative sites are available (and it is probable that many more are available today than when the Commission considered the issue in the Fall). St. Vincent's self-serving arguments that no practical alternatives exist are unpersuasive and untrue. We will go to the courts to uphold the Landmarks law.
- Continue to Battle the Proposed Monster Towers. The LPC did not approve the proposed 300-foot new hospital tower for the Curran/O'Toole site and has not approved the Rudin behemoth proposed for the east campus of St. Vincent's. We intend to remain active in urging that these structures be reduced and modified to a size and design to fit the Historic District, regardless of whether or not the proposal moves forward under the present LPC decision.
- Participate in the Uniform Land Use Review Process and other Regulatory Proceedings. The City's ULURP process has not yet begun. We intend to participate actively in this process and other regulatory proceedings. In particular, we will strenuously oppose side street retail and mid-block parking in the proposed Rudin development.
- Press Our Elected Representatives for Action. PVHD believes that our elected officials should get involved in a meaningful way to actively identify alternatives which will allow the hospital to modernize, while avoiding the destruction of a significant portion of the Village Historic District. We will continue to press our elected officials to take action on behalf of the community.
With your support, we have accomplished great things in 2008. But we have not yet won. We need your ongoing participation to sustain our work together as a community to preserve and protect the Village. Please join with us in whatever ways that you can. Thank you.
PVHD is a sponsored project of the Citizen Action program of the Open Space Institute, Inc. Views expressed by PVHD are not necessarily those of OSI. Donations to Open Space Institute/PVHD are tax deductible to the extent provided by law.
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