affirmation of michael burger in support of defendant's motion to ...
affirmation of michael burger in support of defendant's motion to ...
affirmation of michael burger in support of defendant's motion to ...
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3. The build<strong>in</strong>g at 2 Columbus Circle, presently owned by the City, sits<br />
vacant and <strong>in</strong> deteriorat<strong>in</strong>g condition on the south end <strong>of</strong> Columbus Circle, a central and<br />
important part <strong>of</strong> the City that has otherwise experienced significant rejuvenation and<br />
redevelopment.<br />
The sale will allow the Museum <strong>to</strong> move from its current location at West 53rd<br />
Street, where there is only enough room <strong>to</strong> host temporary exhibitions, <strong>to</strong> a larger space where<br />
the Museum will be able <strong>to</strong>, among other th<strong>in</strong>gs, display its permanent collection, open an<br />
restaurant, and develop a Center for the Study <strong>of</strong> Contemporary Craft. The sale has already<br />
undergone an extensive public review process pursuant <strong>to</strong> the City's Uniform Land Use Review<br />
Procedure ("ULURP"), <strong>in</strong>clud<strong>in</strong>g public hear<strong>in</strong>gs before Community Board 5 and the City<br />
Plann<strong>in</strong>g Commission,<br />
and has been approved at all levels.<br />
4. The proposal also underwent environmental review <strong>in</strong> accordance with the<br />
State Environmental Quality Review Act and the Rules <strong>of</strong> Procedure for City Environmental<br />
Quality Review. The environmental review for the project was challenged <strong>in</strong> an Article 78<br />
Proceed<strong>in</strong>g commenced<br />
by these same pla<strong>in</strong>tiffs, who claimed that the review did not adequately<br />
address the his<strong>to</strong>ric and architectural value <strong>of</strong> the build<strong>in</strong>g. In an op<strong>in</strong>ion dated April 15, 2004,<br />
Justice Walter B. Tolub determ<strong>in</strong>ed that a thorough environmental review for the project had<br />
been completed, and that the review <strong>of</strong> his<strong>to</strong>ric and architectural<br />
resources was entirely adequate,<br />
and dismissed the proceed<strong>in</strong>g. See Landmark West v. Burden, 2004 NY Slip Op 5033IU, 3<br />
Misc. 3d 1102A (Sup. Ct. N.Y. Cty. 2004). That decision was appealed <strong>to</strong> the First Department,<br />
where arguments were held on December<br />
1, the same day this action was filed.<br />
5. Pursuant <strong>to</strong> Section 384(b)(4) <strong>of</strong> the New York City Charter, f<strong>in</strong>al<br />
disposition <strong>of</strong> the build<strong>in</strong>g requires the approval <strong>of</strong> the Manhattan Borough Board. A public<br />
2