Octagon Park has been cleared of the majority of its trees, undergrowth, and stone left over from construction of a century and a half ago in preparation for construction of the Octagon Apartments project.  As of Tuesday afternoon, trees remained only at the eastern and western edges of the tract.  Fixtures and fences were being removed from the tennis courts.

The pre-construction activity is going forward under approvals granted by the Board of Directors of the Roosevelt Island Operating Corporation (RIOC), despite an advisory referendum vote against the project in this month's Residents Association (RIRA) election.  In that balloting, 83% of residents who voted expressed their views by calling on the State Legislature to keep the 2002 Roosevelt Island Open Spaces Law as is – not to amend it to permit the Octagon project.

RIOC's outside counsel, Steven Kass, maintains that the project complies with the Open Spaces law.  Contesting that view, most notably, is Assemblymember Pete Grannis, who originated the legislative language which ultimately became the Open Spaces Law.  Grannis says Kass met with him to propose a change in the law, which says, “...no further development or construction for other than park purposes shall be permitted on any real property which is identified as open space areas in the General Development Plan... unless such development includes the reconstruction... of the historic landmarks located in such open space areas and furthers the use of the areas surrounding the historic landmarks as open space areas.”

The Octagon tower, the only remaining part of the City's “Pauper Lunatic Asylum” designed by Alexander Jackson Davis, is landmarked.  RIOC and Mayor Michael Bloomberg agreed to an amendment of the General Development Plan (GDP) for the Octagon Apartments.  These facts, combined with a potential argument over the intended meaning of the 2002 law, set the stage for a possible legal battle over the apartments project.

The project would create more than 500 apartments, restore the Octagon landmark, and provide RIOC with an $11 million shot of revenue.

Bruce Becker, whose firm designed the project with its adaptive reuse of the Octagon structure, said on Thursday that once construction is under way, “It's about a two-year project.“ Responding to a question about the advisory referendum vote against changing the law for the project, he said, “Our position is that the law shouldn't be changed, and doesn't need to be changed for this project.  There's no point in changing the law.”

The RIOC Board voted to go forward with the project, with the exception of resident member Mark Ponton, under Kass's advice that all required elements were in place for the project.  The Board subsequently urged the community not to sue to prevent the construction, saying costly litigation would drain dollars from RIOC's budget to the detriment of other needed uses for the funds.

Thus far, no community group or individual has started a suit, but The WIRE has learned that one is being contemplated by a group of residents.

Another resident, former RIRA Common Councilmember Karen Stewart (wife of RIOC Board member Patrick Stewart, who has cast repeated votes for the project), decried the project in an advocacy article for The WIRE's pre-election issue (nyc10044.com/wire/2504/wire2504.html), writing, “In order to build this development, the Roosevelt Island Open Spaces Law will have to undergo formal amendment in the Legislature.  It is for us, the residents of Roosevelt Island, to speak out strongly through this referendum.“ She wrote, “The building as it was originally conceived was lovely,“ adding, “All of that is history now.  Taller wings and an extension dwarfing the Octagon, on-site parking, no affordable housing...“ The wings have doubled in height from the original proposal and grown from an L shape to a modified U or J shape (site plot, below left) with the addition of a third “wing.”

As for income from the project, Ms. Stewart wrote, “RIOC needs the income because Governor Pataki has defaulted on New York State's responsibility to Roosevelt Island's capital expense.  Bad governance will be rewarded by an income source from assets [meaning Octagon Park] taken from the governed.”

Large trees are now mostly gone from the site's central area, along with barbecues, swings, and picnic tables.  The tennis courts on the eastern edge of the site are to be replaced.  Becker said Thursday that because there will be no parking under the courts, they can be replaced in time for summer tennis activities.  On-site parking has been reduced greatly, according to Becker.  “It will no longer extend under the tennis courts,“ he said Thursday, “but only under the building and under the courtyard.”

Click here for The Octagon Project and How It Grew