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Cheers but some fears as C.B. 2 approves Pier55 for Hudson River Park

The high point of Pier55, literally, in its current design, would be its southeast corner, reachable by this staircase.   Pier55, Inc./Heatherwick Studio
The high point of Pier55, literally, in its current design, would be its southwest corner, reachable by this staircase. Pier55, Inc./Heatherwick Studio

BY LINCOLN ANDERSON  |  At its Jan. 22 full-board meeting, Community Board 2 members — after mulling over a lengthy 36-point resolution — voted to approve, though with numerous caveats, the Pier55 plan. Only two C.B. 2 members voted “no.”

The proposed 2.7-acre “arts island,” promised to be a venue for world-class entertainment, will be largely funded by the philanthropy of Barry Diller and Diane von Furstenberg.

The resolution states that the community board “applauds the enormous generosity of the donors for making this unprecedented investment in local arts programming and outdoor space, and congratulates the Hudson River Park Trust for obtaining such an extraordinary donation.”

C.B. 2, the resolution adds, “enthusiastically supports the project’s promise of high-quality arts programming made available to a broad public, but has concerns about future funding of this pier should Pier55, Inc. experience financial troubles or vacate the lease.”

The Lower West Side power couple — who were also involved in the new pier’s design — would pay 87 percent of its anticipated $130 million construction cost through their Diller – von Furstenberg Family Foundation. The city, for its part, would chip in $17 million.

A nonprofit organization, Pier55 Inc., or P55, headed by Diller, would then lease this new pier — to be located off W. 13th St. — from the Hudson River Park Trust for 20 years, funding the pier’s operation, as well as programming its entertainment, with an option to renew the lease for an additional 10 years.

Board 2’s Parks and Waterfront Committee held two separate public meetings to gather community input before drafting its lengthy resolution in support of Pier55. Yet, the resolution also raises a host of concerns that board members said need to be addressed. In particular, they said, vague parts of the lease must be clarified to ensure that Pier55 lives up to its promises, and doesn’t instead become a quality-of-life nightmare for surrounding neighborhoods.

At the Jan. 22 community board meeting, Bunny Gabel, of Friends of the Earth, again spoke out against the project, which she has previously disparaged as “Diller Island” and “Dillerville.” But, in general, scant public opposition was voiced.

Speaking afterward, Tobi Bergman, the new C.B. 2 chairperson, said, “the proof is in the pudding” as to how the lease and ultimately Pier55 itself pan out.

An aerial view of the proposed Pier55, which would be built between the pile field of Pier 56, to its north, and Pier 54, to its south, whose remaining decking would be removed, leaving another pile field.
An aerial view of the proposed Pier55, which would be built between the pile field of Pier 56, to its north, and Pier 54, to its south, whose remaining decking would be removed, leaving another pile field.

The Trust’s board of directors is set to vote on the Pier55 lease at their Feb. 11 meeting. C.B. 2 wanted to have its own resolution in place before then.

“We did ask for some changes [in the lease’s language],” Bergman said. “I’d like to see those changes made between now and when the Hudson River Park Trust votes.

“I think a really high-quality performance venue in a park is a great thing,” he said. “People love to listen to music in parks. The two things that seem to work in parks are either informal, ad hoc performances or the more well-organized ones. The middle is where you run into trouble.”

Bergman acknowledged that some community members have criticized the height of the pier’s unusual “rolling landscape” design, which will top out at 71 feet tall at its southwest corner. However, he doesn’t see the elevation as a problem.

“The park is very flat,” he noted. “I think people are going to use that to get up high and get a view of the whole Hudson River Park.”

In general, Bergman said of Pier55, “I’m very hopeful for it. If you try to go into everything with 100 percent surety of the outcome, you never do anything.”

What about people saying that media mogul Diller and fashion icon von Furstenberg should direct their money instead toward Pier 40, at West Houston St., the park’s heavily used, but badly deteriorated sports pier?

But Bergman said it shouldn’t be expected that “a Barry Diller, who spends his life in entertainment,” would necessarily be excited about financing Pier 40’s repair.

The most important thing, the C.B. 2 chairperson stated, is that the Trust not totally cede control of Pier55 to Diller, von Furstenberg and the P55 nonprofit.

“We have to be sure that the Trust has a strong seat at the table during negotiations over events and so forth,” he stressed. “The Trust has authority over the park, and the contract should not take that away.”

C.B. 2, in its resolution, said “the expectation” is that Diller and DvF’s big cash gift, plus Pier55’s development, will attract more support for completing the whole 4-mile-long Hudson River Park, 30 percent of which remains unfinished.

But the community board pointed out that the Trust needs a long-term funding plan for Pier55 — especially since the pier’s nonprofit can legally vacate the lease after 10 years by paying a $5 million penalty to the Trust.

The pier’s design, nevertheless, “represents an attractive and inventive solution for a combined public park and performance venue,” and “will provide a departure from the linearity of the park, adding interest and playfulness appropriate for the new use of the historic waterfront,” the resolution says.

There was trepidation expressed at public meetings about noise and pedestrian safety due to the volume of people expected to attend events at the pier, most who will likely come by subway, from the station at 14th St. and Eighth Ave., the resolution says. However, Pier55’s design will purportedly abate noise, which reportedly will be less than the area’s former performance pier, Pier 54, produced, the resolution notes.

Yet another concern, C.B. 2 noted, the lease agreement with Pier55 permits mooring a 4,000-square-foot barge off the new pier’s west side for half the year — which could impact the marine ecosystem.

Bergman said C.B. 2 never got a satisfactory answer on why the barge — which would be used for actors’ dressing rooms — needs to be there so long.

As for performances and public access, the resolution warily notes that the Pier 55 “programming vision” has been “well-received by the community but could be changed by Pier55 at any time in the future.”

The master events list will be kept by Pier55, Inc. not the Trust, the resolution notes, though the former must give the Trust its schedule six months prior to each season.

“The Trust’s fact sheet refers to Pier55, Inc.’s commitment to showcasing local talent, but the details of this pledge are not stipulated in its lease,” the C.B. 2 resolution adds. “The percentage of free vs. ‘low-cost’ tickets for events put on by Pier55, Inc. has not been decided; the definition of the term ‘low-cost’ has not been defined… . C.B. 2 has questions about how Pier55, Inc. can ensure a fair and transparent process for distribution of these tickets to the general public on a first-come, first-served basis … . The number of days the park will be completely and/or partially closed to the public, which is of great concern to the community, relies on Pier55, Inc.’s programming and is said to be impossible to determine at this early stage.”

While generally lauding the project, C.B. 2 members listed a number of caveats required for their support.

First, Pier 55, Inc. must agree that “reasonable limitation to public access” will not exceed 50 percent of the area of Pier55 more than one day per week between May 1 and Oct. 30, and that access will not be restricted more than 50 percent of daylight hours on those days.

Second, the resolution states, public input must be increased in the pier’s design development, construction and operation, by including representation of C.B. 2 and local city councilmembers on the Pier55 board of directors, and by creating a community advisory board, including members of the local performing-arts community.

It must also be guaranteed, the resolution continues, that there is “fair and democratic access” to all performances, and a limit on the amount of free and low-cost tickets given “as a reward for membership, sponsorship or contribution in or to Pier55, Friends of Hudson River Park or any other organization.”

The Trust also must find berths for historic ships in the park, since Pier 54 had been slated for that purpose, unlike its replacement, Pier55, C.B. 2 said. This is “appropriate to the site’s history as one of the world’s most important seaports,” the resolution states.

The Trust must obtain permits from the Army Corps of Engineers and state Department of Environmental Conservations before work can start on Pier55.

Meanwhile, environmental groups, including Riverkeeper and the Sierra Club, are protesting that a full environmental impact statement (E.I.S.) has not been done for Pier55 — which won’t be built on a current pier site, but will have a totally new footprint in the river. Instead, the Trust has done a less-rigorous environmental assessment.

“Riverkeeper has significant concerns about the Park Trust’s effort to accelerate approval of this new pier in the Hudson without careful consideration of its impacts, and opposes the project moving forward without the required review,” said Phillip Musegaas, Riverkeeper’s Hudson River program director. “The Park Trust must not allow financial pressure to influence its decision-making when it comes to building in the Hudson. The river is an invaluable public resource that demands the utmost protection.”