DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

NUV-SVJ- Guuu 14.IO.] rMul 1 LGr

Legislature. The dissenting Commissioner maintaining that the project required approval of the State alienation and rezoning issues and attached supporting on the Planning Commission addressed both the Commission materials on those subjects and others as exhibits to the dissent. The City Planning Resolution did not apply to this parkland specifically addressed the zoningissue, finding that the Zoning

site. order discovery, as requested by Friends, as In light of these conclusions, there is no reason to

individuals concerning the merits of the Statelegislation - to conversations by City attorneys with various

issue.

2. Mosholu Golf Course Clubhouse review arises from the C1ty's decision Friends' sole challenge to the substance of the SEQRA to build a replica after construction of the WTI'. to demolish the clubhouse that is located on the site and satisfy its obligation to carefully examine this There is no merit to this challenge. Not only did the City concern for the clubhouse during the issue, it raised the issue on its own; indeed, thconly expression of City ARP as the agency which prepared the entire process of review and approval emanated from the private, including Friends, who appeared at the FEIS. None of the many persons and entities, public or demolition of the clubhouse before this Article 78 hearings or made written submissions objected to the issue is properly considered against it. proceeding was brought. Friends' belated discovery of 427 (1986) ("(P)etitioncr's silence cannot Jackson v. New Ya kStnte Urban Dev. Corp., 67 N.Y.2d 400, failure to discuss an issue in the FEIS was be overlooked in determining whether the agency's venture, the intent being that an agency have reasonable. The EIS process is designed as a cooperative approving a project; permitting a party to raise the benefit of public comment before issuing a FEIS and

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NYC-WTC 000137851