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Volume XXI • Number 15 • April 10 - 16, 2014 •
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Montefiore considers its next move By RIVERDALE REVIEW STAFF Montefiore Hospital’s proposal to build an ambulatory care center is seemingly on life support, at least for now. Because of the new law passed in this year’s budget by State Senator Jeff Klein and Assemblyman Jeffrey Dinowitz, the hospital will have to undergo a lengthy review process that could take up to two years to complete, the legislators told a crowd of 100 residents at the Riverdale Y last Thursday. This gambit may have political implications, winning State Senator Jeff Klein many friends as he may be facing a challenge from former Councilman Oliver Koppell, who also opposes the construction, but has been unable to do much about it. The fact that Klein worked so closely with Dinowitz, was not lost on local political observers. “With this new law, the community will no longer be shut out of the approval process for health facilities,” Klein said. “On the contrary, they will have an important role in this decision, giving voice to real concerns on the impact of major health care developments like the Montefiore facility. And with over 100 local residents in attendance last Thursday evening for our Town Hall to discuss this law, I am confident that Montefiore’s plans for Oxford Avenue will be ground to a halt.” All proposed health facilities exceeding three stories, and over 30,000 square feet,
in the Bronx will go through rounds of review run by the State Commissioner of Health who can approve, modify or deny a project. Communities will be empowered by the new legislation, the electeds said. The law subjects projects like Montefiore’s to a lengthy community review process. For Montefiore, that process will enable community members to testify about the appropriateness of the facility at public hearings to be held in Riverdale. State regulators would be required to consider the community’s concerns before making a decision. Not everyone is happy with the new law. Not surprisingly the new legislation was criticized by the largest labor union representing hospital and health care workers and the Greater New York Hospital Association. In a joint statement, George Gresham, President, 1199 SEIU United Healthcare Workers East and Kenneth E. Raske, President, Greater New York Hospital Association said that they are “deeply concerned by the New York State budget provision that creates complicated, costly, and unnecessary requirements for the establishment of hospital-affiliated outpatient facilities in the Bronx. We are equally concerned that it applies only to health care facilities, and only to the Bronx. We fear that this provision will delay the development of vital health care facilities
Senator Jeff Klein and Assemblyman Jeff Dinowitz speak to the crowd at the Riverdale Y last Thursday night, describing their recently-passed law. in the Bronx, and as a result create health care access issues for Bronx residents.” But those assertions were denied by
Assemblyman Dinowitz. “The legislation that Senator Klein and I enacted into law Continued on Page 2
Politicians continue fight against view-killing Jersey building Congressman Eliot Engel (D-NY-16), Senator Jeff Klein (D-Bronx/Westchester), Senator Adriano Espaillat (D-Washington Heights), Assemblyman Jeff Dinowitz (D-Riverdale) and Councilmember Andrew Cohen (D-Riverdale) continued their fierce opposition to LG Electronic’s proposed 143-foot LG tower along the Palisades by filing a legal brief in support of environmentalists’ efforts to end the project. Senator Klein (D-Bronx/Westchester) said: “The Palisades are a nationally recognized treasure that have been shared by the people of New York and New Jersey for over a century. Residents from both sides of the Hudson have voiced their opposition to LG’s plan and today Congressman Engel, Senator Espaillat, Assemblyman Dinowitz, Councilmember Cohen and I are continuing are fight alongside these residents in taking legal action to overturn this judge’s tragic decision. Together, we’ll continue to do everything possible to stop LG’s massive and unwanted overdevelopment.” The brief outlines “three independent and compelling cases” against the evaluation process used to allow the construction of the LG Electronics building. First, the elected officials argue in their brief that the Borough of Englewood Cliff’s Board of Adjustment, the body that granted a variance in the zoning law for LG Electronics to build above the 35 foot maximum height restriction, did not satisfy the condition for granting this variance. As the brief notes, a variance must only be granted for “special reasons” that do not cause “substantial detriment to the public good.” Given that the Palisades are a “universally recognized” landmark, the brief contends
that LG has clearly failed to meet such standards. Second, the elected officials argue that the sheer magnitude of the variance requires LG to present “specific and compelling” evidence demonstrating the need of the project’s scale and size. Such evidence, the brief outlines, simply does not exist. Finally, the legislators argue that the approval of the 143-foot building failed to properly apply basic standards of New Jersey’s Municipal Land Use Law. Under New jersey law, all variances must cause “no substantial detriment to the public good.” Given that New Jersey has a legal obligation to maintain the Palisades as a scenic resource for both New York and New Jersey, the legislators argue that the LG variance clearly violates that legal obligation and thus fails to meet the burdens of NJ Municipal Land Use Law. A variance in the zoning law along the Palisades authorized LG Electronics to build above the 35 foot maximum height restriction. Local New Jersey residents, the New Jersey State Federation of Women’s Clubs and the environmental group, and Scenic Hudson subsequently filed a lawsuit against LG Electronics and the Zoning Board of Adjustment, challenging the authority of the Zoning Board to grant LG Electronics the right to construct such a tall building. In early August of 2013, the Bergen County Superior Court upheld LG Electronics’ plan to construct a 143-foot building headquarters. With the plaintiffs filing an appeal in the hopes of overturning this decision, elected officials representing parts of the Bronx and Westchester that directly face the Palisades filed an amicus brief on behalf of this ap-
peal in the Appellate Division of New Jersey Superior Court. Congressman Eliot Engel (D-NY-16) said, “I had hoped that LG would be a better corporate citizen by yielding to our communities’ concerns. LG has little to gain and should seriously consider alternative options, such as building a shorter, wider building that wouldn’t desecrate one of New York’s signature landscapes and cause undue harm to the environment. The Palisades are truly a unique treasure that must be preserved.” “This case will impact the future of our community, so New Yorkers need an advocate in New Jersey Superior Court,” said Senator Adriano Espaillat (D-Washington Heights). “We’re filing this brief to make sure the Court takes a hard look at LG’s proposal, and prevents the damage their new headquarters will do on both sides of the Hudson.” Assemblyman Jeffrey Dinowitz (D-Riverdale) said, “The breathtaking view and natural beauty of the Palisades has existed for eons. The construction of this huge tower by LG would forever spoil this incredible natural resource. It will also irrevocably open the door for future large scale construction on the palisades and it’s simply not necessary. They can easily build a facility of equal capacity by building shorter and wider. Shame on them. I am proud that all of our local elected officials have joined together to fight LG’s horrible plan.” “Today I file this amicus with Congressman Engel, Senator Klein, Senator Espaillat and Assemblyman Dinowitz to prevent the LG Corporation from constructing this unwanted development. Not only is this project detrimental to the integrity of the Palisades but it sets Continued on Page 2