By Dara Illowsky, New York staff attorney, Save the Sound
This is the second part of a two-part blog series on parkland alienation, a process by which public parkland can be sold or used as something other than a public park. Save the Sound will be opposing legislation recently introduced in the NY state legislature involving private companies seeking alienation of New York City public parkland to secure one of three downstate casino licenses before the end of 2025. Both casino bids—by New York Mets owner Steve Cohen and Seminole Hard Rock Entertainment in Queens and by the Bally’s Corporation at Ferry Point Park in the Bronx— are located by Long Island Sound. These large-scale developments increase impermeable surfaces, which means more pollutant-laden stormwater running off the surfaces and into our waterways and the Sound. They also bring air pollution, increased flood risk, and other environmental harms to already overburdened communities. Read Part One.
When two Save the Sound staffers testified at a public hearing held by Bronx Community Board 10 (CB10) in late February, we were not alone in expressing our concerns. At the public meeting, over 50 people took a turn at the microphone to share their reasons for not supporting the proposed more than 3 million-square foot casino and hotel complex that the Bally’s Corporation would like to build on at least 15.73 waterfront acres of public parkland in Ferry Point Park in the Bronx.
Most were from the Throggs Neck community where the casino would be developed, and the overwhelming majority spoke out to discourage the Board from supporting the Bally’s application. Three weeks later, the Board voted 29-5 against the project. It’s a non-binding, strictly advisory action, but CB10 used its voice to make a strong impression.
Public involvement is an essential component of the State Environmental Quality Review Act (SEQRA) process; Save the Sound will help you share your voice throughout the review and legislative processes.
Why should I care about parkland alienation?
Public parks provide essential physical and mental health benefits to people that live near them and enjoy access to greenery, fresh air, and outdoor exercise. They also provide important ecological services, such as flood control and climate change impact mitigation, and provide habitat for both resident and migratory wildlife.
Particularly in densely developed areas like the Long Island Sound region, public parkland is a precious resource that is often difficult, if not impossible, to replace. New Yorkers should therefore be very skeptical of any efforts to alienate public parkland for non-park uses, especially when the proposal involves selling the alienated land to a private party for its private benefit. Once parkland is alienated it can be extremely difficult to restore it to park uses. Without public engagement, these proposals can slip by unnoticed until construction of a private facility has already begun on what was once public parkland.
What can I do about parkland alienation?
- Advocate to your municipal legislative body and state legislature.
As you saw in Part One, the parkland alienation process can be long and complicated. But that also means it includes plenty of opportunities to get involved and use your voice for public parks!
When you learn of a proposal to alienate parkland, contact your local municipal legislative body or attend public hearings to express your concerns.
It can be much easier to influence the language in a parkland alienation bill, or whether it gets introduced at all, in the earliest stages of its drafting. You can also reach out to state legislators in neighboring districts who might be concerned about how the loss of parkland in their region, even if not in their specific district, might affect their constituents.
Encourage your local and state representatives to explore alternatives that will not impact parks, and to look critically at whether the proposed project should move forward at all. And if parkland alienation seems unavoidable, advocate for alienation legislation that is maximally protective of the environment and beneficial to the community. For example, the legislation should identify specific substitute parkland at least equal to the fair market value of the land to be alienated (substitute parkland or, where necessary, funding for capital improvement projects, should be additive and not simply directing private funds to something the municipality was already planning to do). The purpose of the alienation should be specific and clear to ensure developers do not take advantage of any ambiguities..
The exact process varies between municipalities. But if you live in New York City, the Uniform Land Use Review Procedure (ULURP) can be a useful avenue for public input. ULURP provides a timeline for review of certain actions that affect land use in NYC by affected Community Boards, the Borough President and Borough Board, the City Planning Commission, City Council, and the Mayor. The timeline includes opportunities for both written and oral testimony. Visit this website for a helpful overview.
- Participate in the State Environmental Quality Review Act process.
The SEQRA process also includes several opportunities for public participation. If the proposed project may have at least one significant adverse environmental impact, the municipality will need to prepare an Environmental Impact Statement (EIS). The EIS will describe the project, detail the potential adverse environmental impacts, and identify and analyze alternatives and mitigation measures to avoid or minimize environmental harm.
The EIS process involves at least two opportunities for your voice to be heard: a public comment period for the draft scope of work, which is used to focus the EIS on potential adverse environmental impacts of the project and what data, alternatives, and mitigation measures will be considered; and a public comment period on the draft EIS, which must be kept open for at least 30 days. The municipality may also hold public hearings on the draft scope of work or draft EIS.
- Be a watchdog for your community.
You can make a difference by calling out misuse of alienated parkland, or non-park uses of parkland that should have to go through the alienation process. In addition to the examples described in Part One involving the use of parkland for parking police vehicles and constructing a water treatment plant, another relevant example occurred not that long ago in Queens’ Flushing Meadows Corona Park.
There, parkland had been alienated years prior for the financing and use of what would become Shea Stadium, former home of the New York Mets. But after Shea Stadium was torn down and replaced by Citi Field, developers and the corporation that owned the Mets proposed to build a retail entertainment center on that now vacant plot. Local residents and park advocates pushed back, arguing that the legislation that alienated the parkland for Shea Stadium did not give the developers carte blanche to now build something completely different on the land. The court agreed, concluding that new parkland alienation legislation would be required to authorize this newly proposed use of the land.
- Enjoy and advocate for public parks whenever you can!
Municipalities and state legislators will be less inclined to sell or change the uses of public parks that are actively enjoyed by the community. They will also be less tempted by private offers to pay for park improvements in exchange for the sale of public lands if parks receive adequate public funding. Consider advocating at all levels of government for funding for municipal parks and get out there and enjoy your local open spaces!
- Organize your friends and neighbors.
Our communities are stronger when we work together. If you hear of a parkland alienation proposal that you find worrisome, reach out to your friends and community members to figure out how you can support each other in protecting your parks.
- Look out for Save the Sound and partners’ news and action alerts for opportunities to participate in the process.
Queens Future is further along in the process than Bally’s, having received City Council approval for its proposal on March 11. The process in the Bronx, though, will have a few more opportunities for public comment.
On April 21 Bronx Borough President Vanessa L. Gibson provided a “Conditional Favorable” recommendation on the application. This means she recommends that the Bally’s project application be approved so long as they implement certain conditions. We will be on the lookout for an announcement of what those conditions entail.
The City Planning Commission (CPC) will then hold a public hearing for both the ULURP and SEQRA processes on April 23—anyone can participate in person or virtually—and will accept written comments until May 5 at 5 p.m. before making its decision by June 20. Get the details on the hearing and comment submittal here. If the CPC disapproves, the project will not move forward. If the CPC approves, City Council will vote on the application by early August. Each of these phases provide an opportunity for written or in-person public input.
Bills to alienate the Bronx and the Queens properties are currently before the New York state legislature, and as the process moves forward we’ll share ways to reach out to your legislators at key moments.
We will continue to let you know when, where, and how to get involved. The parkland in jeopardy belongs to the public; it is the duty of the public to speak up for that parkland.
*Edited on Apr. 24 to include the correct date for the written comments deadline