Roosevelt Island Outside Jurisdiction Of NYC Design Commission - FDR Memorial Boondoggle Need Not Be Submitted To Or Approved By Arts Body

Image From FDR Four Freedoms Park

An update to post on Governor Patterson's suspension of NY State funded construction projects and how that might impact the FDR Four Freedoms Park Memorial boondoggle which is to receive $4 million in State funds yet is exempt from the State's construction suspension. Part of that post questioned why the project was not submitted to and approved by the NYC Design Commission which:

... reviews permanent works of art, architecture and landscape architecture proposed on or over City-owned property. Projects include construction, renovation or restoration of buildings, such as museums and libraries; creation or rehabilitation of parks and playgrounds; installation of lighting and other streetscape elements; and design, installation and conservation of artwork.

I sent this email to the NYC Design Commission stating that I:

... am trying to find out if the proposed FDR Memorial design including sculpture bust of FDR and Landscape design for Southpoint Park on Roosevelt Island has been submitted to and approved by the NYC Design Commission. To your knowledge has the project been submitted to the Design Commission and since it is on Roosevelt Island, which is leased by the City to the State, need it be.

and received this reply from NYC Design Commission Spokesman Jason Post:

I am responding to your inquiry to the New York City Public Design Commission.

The statutes creating the Roosevelt Island Operating Corporation (RIOC), which are in Chapter 196 of the New York State Unconsolidated Laws, provide broad exemption from local law, but that exemption only applies to structures on the island.

That said, the Department of Parks & Recreation and RIOC submitted the construction of the Franklin D. Roosevelt Four Freedoms Park to the Design Commission for a courtesy review on 4/27/09. Design Commission members were pleased with the design, noting that not including a barrier rail along the waterfront would increase the intensity and enjoyment of the visitors’ experience. They also commended the tree selection, but suggested using stabilized stone dust (instead of cobble) over the trees near the “room,” noting that this material has worked successfully at Hudson River Park.

The Manhattan station rehabilitation was submitted for binding review on 11/16/09, but when Design Commission members expressed concern about the proposed design, the board of the RIOC, which as a state agency has the power to override local law, passed a resolution waiving the requirement for Design Commission review.

I replied:

Thank you very much for your response to my inquiry regarding NYC Design Commission and the FDR Four Freedoms Park (FDR Memorial) proposed for Southpoint Park, Roosevelt Island.

However, the response fails to explain why the project was not formally submitted to NYC Design Commission, a Public Hearing held and an Approval or Rejection of the project rendered.

You state that the statute creating RIOC provides broad exemptions from local law, presumably involving the jurisdiction of NYC Design Commission, but that the exemption only applies to "structures" on Roosevelt Island. The proposed FDR Memorial is not a structure, but a waterfront open space park with landscaped grounds, a bust of FDR and a three-sided granite "sculpture room" with no roof. Is this roofless, three sided "sculpture room" the "structure" that you assert negates NYC Design Commission jurisdiction over the FDR Memorial?

If the sculpture room is a "structure", the rest of the approximately 3 acre unstructured landscaped park should certainly be under the jurisdiction of NYC Design Commission and submitted for public review. If it is not a "structure" then the entire FDR Memorial should be submitted to a public hearing before the NYC Design Commission.

Southpoint Park is a unique location with unparalleled panoramic 360 degree views of the East River Waterfront and NYC skyline. Before those views are obscured, or more accurately destroyed by the FDR Memorial and green grass land replaced by concrete, a public hearing should be convened so that all concerns can be heard, not a self serving "courtesy" presentation with only supporters of the project in attendance.

Therefore, can the NYC Design Commission please explain why the FDR Memorial proposed for Roosevelt Island is exempted from it's jurisdiction even though the FDR Memorial is not, in whole or substantial part, a structure which you assert is the basis for that exemption.

I appreciate your consideration of this matter

Mr. Post answered:

To clarify, the statutes in Chapter 196 of the New York State Unconsolidated Laws exempt RIOC from Design Commission review for anything constructed on the island itself, including art, architecture, landscape architecture and streetscape design.

I guess I got my answer. Unlike any other part of New York City, Roosevelt Island is completely outside the jurisdiction of the NYC Design Commission.

Image of FDR Memorial Sculpture Room (AKA Death Box) From Village Voice Runnin Scared Blog