Second Avenue Subway hit with lawsuit
Co-op says enormous ventilation structures violate original plan January 26, 2010 05:30PM By Sarah Ryley
Left, a conceptual rendering of the Second Avenue Subway's ventilation structures from the MTA's Final Environmental Impact Statement, approved in 2004. Right, the MTA's current design of the ventilation structure that would neighbor 233 East 69th Street, presented at a community meeting last November.
Residents of an Upper East Side co-op filed a lawsuit last week against the Metropolitan Transportation Authority, alleging that the agency unlawfully modified the design of its massive structures that would ventilate the Second Avenue Subway (see the complaint below).
Eight permanent utility structures are planned along a 34-block stretch of Second Avenue as part of the first phase of the under-construction subway. Under the most current design, some would be as large as mid-sized apartment buildings, up to 10 stories tall. The facades would be a utilitarian mix of translucent white glass, steel louvers and ceramic tile.
The co-op tower filing the lawsuit, 233 East 69th Street, would neighbor the largest planned structure, slated to cover the entire footprint of two lots currently occupied by five-story brick apartment buildings built around the turn of last century. Once the structure is built, eight co-ops would have their easterly facing windows entirely bricked up.
When the MTA presented its renderings of the utility structures at a community board meeting last November, it was difficult to restore order, said Mark Legere, a resident of the 69th Street co-op. "There was just a complete, like a cacophony, of 'Oh my God, not that!' sounds."
The lawsuit hinges on the subway's Final Environmental Impact Statement approved in 2004, which stated that the structures "would typically be approximately the same size as a typical row house -- 25 feet wide, 75 feet deep, and four- to five-stories high, although some may be wider."
Referring to a four-story brick building with faux windows, the document says the structures "could be designed to appear like a neighborhood row house in height, scale, materials and colors."
The MTA did not comment by press time, but spokesperson Kevin Ortiz recently told The Real Deal that the structures are needed to house the subway's state-of-the-art ventilation and smoke evacuation systems, utilities, and emergency exits. Sidewalk grates now violate the city's building code.
Ortiz had said the brick rendering was just an example, noting, "at that point we didn't even have a conceptual design," and added that the size of the current design is consistent with what a private developer could build under zoning laws.
The residents are telling the MTA to redesign the utility structures so they mimic typical row houses, as outlined in the original plan.
"Otherwise, if the MTA insists on moving forward with this design change, then it must conduct an additional public environmental review, including a full analysis of the facility's impacts on the buildings at 233 East 69th Street, and an evaluation of suitable mitigation measures or alternatives to avoid or minimize the facility's impacts to the greatest extent practicable," said the residents' attorney, Michael D. Zarin of Zarin & Steinmetz.
Zarin said the supplemental environmental review process "can take anywhere between six months to a year, if done correctly."
The delay-plagued subway has been planned since 1929, but had been stopped by two financial crashes and one war over the decades. This most recent attempt at constructing the subway originally pegged the completion date as 2012, but The Real Deal reported in July that straphangers might have to wait until 2017.
"We would think that would be their interest [to revert to the original design]. They certainly won't want to go through a lengthy and protracted environmental review process," Zarin said.
The co-op residents attempted to negotiate with the MTA out-of-court, but received a letter from the agency Jan. 13 declining to modify its plans for the utility structure.
Second Ave Subway 69th St Complaint
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Comments
Anonymous
Here come the delays and the need for the MTA to request more funds for a project that is not even needed. Cancel the whole project right now, and save around $ 10 billion in expenses that are left. The extensions will only go 40 to 50 blocks. Put it off until the next economic boom in thirty years.
Comment #1 Posted By: Anonymous 01/27/10
Anonymous
How is this not needed? The Lex line is the most crowded in the nation. UWS has three trains lines, UES only has one.
Comment #2 Posted By: Anonymous 01/27/10
Anonymous
#1 has never been on the Lex line. he sits quietly by his computer throwing out advice while perusing out his window from the 2nd floor of his walk-up in Canarsie.
Comment #3 Posted By: Anonymous 01/27/10
Anonymous
Just build the damn thing already
Comment #4 Posted By: Anonymous 01/27/10
JetFan
The article states: "Once the structure is built, eight co-ops would have their easterly facing windows entirely bricked up." But unless that building has an easement over the neighbor's property, they have no right to have those windows in the first place (or no promises that someone--MTA or a private developer--could build to the lot line). Although this is an understandable NIMBY situation, one group should not hold up a project that will benefit tens or hundreds of thousands of people a day.
Comment #5 Posted By: JetFan 01/27/10
Anonymous
i am for the building of the line. but why do they have to build the giant ugly vents? You do not see them on other subway lines. why here? and so many man of them. We seem to have survived without gian vents on every other line. who says they are required now? give me a break
Comment #6 Posted By: Anonymous 01/27/10
Anonymous
I guess #7 has evolved so much he no longer needs to breathe oxygen
Comment #7 Posted By: Anonymous 01/27/10
Anonymous
hey 8 - are you a moron? this is 7. I take the subway EVERY day. I am asking a legitimate question - I am not an engineer. Why can I breath on the other lines that do not have these giant ugly vents?
Comment #8 Posted By: Anonymous 01/27/10
Anonymous
Get good earplugs, oy vey
Comment #9 Posted By: Anonymous 01/27/10
Anonymous
this is 8, trolling, and getting lots of lulz from 7
Comment #10 Posted By: Anonymous 01/27/10
Anonymous
#7 and #8: Take it easy, kids! As per the article, sidewalk grates are no longer allowed, as per city code, and structures must be built instead. Thus, the reason you don't see these structures on other (older) lines is because air comes in and out via sidewalk grates.
Comment #11 Posted By: Anonymous 01/27/10
Anonymous
thank you #12 for the explanation. this is #7. So the next question is: why are new grates no longer allowed? and We still have them everywhere. How about retracted that part of the building code (or get an exception here), allowing new sidewalk grates on 2nd avenue and avoiding the ugly giant vents.. ?
Comment #12 Posted By: Anonymous 01/28/10
Anonymous
the vents are destroying HOUSING - precious affordable housing to use the buz word politicos like - allow the grates!
Comment #13 Posted By: Anonymous 01/28/10
Anonymous
None of you know anything about this project and it is not your fault! The press has done NOTHING over the last 3 years to expose its absurdity. This is not a 2nd Ave subway -- it is at best a 3 station (96,86, 72) extension of the Q line. The MTA stopped making the claim that this would alleviate Lex congestion back in '08 because it will not. The building codes have nothing to do with why there will not be sidewalk vents -- the stations will be 90 to 120 feet underground (deeper than expected which is why the structures need to be taller than originally contemplated). At 72 street it will take an elevator ride of more than one minute or two long escalators to get to the turnstiles! It will be deeper than at 63 and lex making it the deepest subway line in the system. WHO WANTS TO BE THAT DEEP AFTER 9/11? 2ND Ave's residential and business life is being destroyed by this sham. Can't someone with clout expose this MTA blackhole before it is too late.
Comment #14 Posted By: Anonymous 02/17/10
Daniel Khen
subway for kids to build (for real)
Comment #15 Posted By: Daniel Khen 02/28/10