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Andrea Steele's L10 Arts and Cultural Center will bring integrative cultural space to Brooklyn
2019 Best of Design Awards winners for Urban Design
Shedding the Shed
the_shed_is_a_shack pokes fun at Hudson Yards and corporate malfeasance
Are you creating some of the memes or are you mostly sharing other things you see? We create all of the content ourselves, except in a very few select cases where we have reposted and clearly credited the original poster. Our audience also sometimes sends ideas or news articles to us, and occasionally that’s a prompt for us to create a particular meme or post around that idea.View this post on Instagram
How do you see this action: As advocacy or activism, or are you mostly just having fun trolling the developers? The account is light-hearted about a dark-hearted thing, and so we’re poking fun while also highlighting some very serious issues. There are a lot of problems with how money and power are distributed and abused in the art world, and also in the world at large, and what has happened (and is happening) at Hudson Yards and with the Shed is representative of some of the most egregious examples. There’s also such a huge gap between how Hudson Yards and the Shed were sold and marketed to the public, and what they have actually become. So much marketing hype was built into the selling of it, and so it feels right that the response should be similarly structured in terms of tone, as memes, faux ads, and hype-speak. Also, we’re in the art world, so we like our visuals. There’s a long history of art world projects that critique the structure and internal systems that underpin cultural institutions. We’d like to see that critique contribute to change, so there’s an advocacy element to our trolling.View this post on Instagram
Is it connected to a particular set of positions? No matter how much we might have a laugh at some of the more outrageous details of Hudson Yards and the Shed, the development is actually a slap in the face to the people of New York and thus in need of more serious examination. A select group of wealthy individuals and corporations are benefitting from Hudson Yards, along with government officials who actively championed and pushed through the development to advance their own political or business interests (including Bloomberg, De Blasio, Dan Doctoroff, and others). But what did everyone else get? Our tax dollars went to build a private luxury neighborhood billed as “Little Dubai,” while many New Yorkers don’t have access to affordable housing, reliable subway lines, or adequate healthcare. The developers tried to cut out unions and limit worker safety standards, and people lost wages and got hurt. And with the Shed, our tax dollars helped pay for a building and organization that is not serving the cultural community or the public as promised, and instead has created a tax-deductible structure and plaything for the developer and his pals to utilize and benefit from. So, our position is about advocating for the public interest and for the cultural community.View this post on Instagram
What motivated you in particular to start it, and is Instagram an effective tool so far to forward a message? The account started really just as a cathartic response and half-joke. We visited The Shed soon after it opened and were stunned by the experience. The building itself was in disarray. Hardware was falling off the walls or not properly installed, there were cracks in the glass and electrical socket plates, puddles of leaking lubricant from the escalator, peeling and chipped paint on multiple walls, exit signs with wires sticking out, obvious building code violations, and more.View this post on Instagram
For a brand-new, wildly expensive building supported by taxpayer money and on city-owned land—and touted by the developers and the city as representing the future of cultural institutions and civic public-private engagement—it was a massive failure. So many cultural institutions around the city are struggling to pay the bills, and money got poured into this development. It’s unconscionable that it turned out this way and that there has not yet been a reckoning for abusing the public trust. So what started as a joke among friends expanded as we realized how serious and ongoing the problems there were. Instagram is the art world’s preferred social media for the most part, at least for the moment, and so it seemed like a natural choice.View this post on Instagram
What would be an ideal outcome? The desired outcome is to expand the conversation around the Shed and Hudson Yards. It’s also important to us to emphasize how the final shape of the development is not an accident; it’s what happens when a development that is privately owned and controlled does not include the appropriate level of input, regulation, and safeguarding by community groups and the public. The Shed is an extension of that core problem, with a board controlled by the developers and their buddies, and even the building itself is literally infected by and physically trapped inside the development Alien-style (The Shed ended up being constructed with much of its operational guts shared with and located inside of the skyscraper next door). So now we have a major NYC neighborhood and cultural institution that is being controlled by a small group of private investors, continuing to benefit from tax incentives and public money, in order to advance personal interests that are largely counter to the public’s.View this post on Instagram
Although Hudson Yards is mostly owned by private developers, the Shed sits on public land owned by the city and is a nonprofit entity that is required to benefit the public good. So we—the public—need to hold the Shed accountable and see that necessary changes are made to the way it operates. There are many different options that might be proposed as an alternative; for example, a consortium of existing cultural institutions and community organizations could come together to re-envision how the space should operate and who should run it. The building could serve as an outpost/off-site programming space for other arts and culture organizations on a rotating basis, among other possibilities. It could also be converted into free or subsidized office/studio space for cultural nonprofits, artists, and community organizations that can’t afford rent because of developments like Hudson Yards, or for events like pop-up free healthcare clinics or other services for those in need. Further, there should be a public conversation to include government officials that rethinks how the next phase of Hudson Yards is allowed to proceed, with an eye toward much more community oversight, regulation, and built-in systems for clawing back public money/tax incentives if and when promises aren’t kept.View this post on Instagram
What should Hudson Yards have been? Hudson Yards should have been a true public-private partnership, which means careful input, oversight, and regulation by the community at every stage and ongoing for the life of the development. That’s a hard and challenging process, but it’s necessary and fair if developers want to get decades of tax incentives, city- and state-paid infrastructure, and other public money. Hudson Yards could have and should have been an actual mixed-use community, with truly integrated housing for low-income, middle, and yes even some luxury, as well as a range of nonprofit, business, and retail spaces that genuinely serve the neighborhood needs more broadly. It should have true public space (not privately owned space that the developer controls on whim) and cultural venues that more fully reflect the needs and interests of the community. Cultural and creative programming and public artwork should be informed by and ultimately decided by those with expertise in the field alongside community members, not by one rich guy who wants a big Heatherwick bauble because he thinks it’s what other rich guys like. If he wants a Heatherwick (or anything else), he’s welcome to buy it and build it—but not with the support and help of public money and infrastructure.View this post on Instagram
Because the developers of Hudson Yards are claiming private control of the entire space (even though this isn’t actually correct, with the Shed on city-owned land and the Hudson Yards subway part of the MTA), they are asserting that visitors don’t have the same rights they would normally have in a public space. That’s deeply problematic on many levels (impacting everything from the right to protest, to who gets to sit on benches or be otherwise harassed under what conditions, as well as in their use of facial recognition technology in the kiosks and other surveillance measures by the developers). So there should be requirements that dictate how any development that benefits from public support can control that space.View this post on Instagram
Also if you have anything to add about the processes by which public property is developed . . . Similar to what we noted should have happened with Hudson Yards, the process for [the] development of public space and property (and public-private developments) needs to be more carefully safeguarded and regulated, and there needs to be oversight by independent community experts and individuals who are not in any way affiliated with the developers. And this oversight should continue for the lifetime of the property and with teeth to match (heavy fines and claw-backs for developers who renege on promises, for example). We all know how arduous these kinds of processes can be, but it’s necessary if we want to ensure projects truly benefit the public. That doesn’t mean there needs to be total consensus on every aspect of a project (which is impossible to obtain in any case and often leads to art-horse-by-committee outcomes), but it means the decision-making needs to be led by a sense of true commitment to the public good and strict, proactive measures to ensure there are not conflicts of interest. There also needs to be a more nuanced understanding and recognition of how we assign expertise and decision-making power within this oversight and community process; for example, there’s a tendency to assume “expert” in the arts only applies to a well-known museum president, a wealthy collector, or a big name artist, when in fact it should include arts workers and others who have active, on-the-job experience within cultural organizations, or an avid arts goer who is not financially able to be a donor/collector but loves art with the same zeal as an Aggie [Agnes] Gund, among other examples. There are many of these people throughout the city, and their voices should be given a place. Not just because it’s the right thing to do, but because our public spaces will be made better by their input.View this post on Instagram
The transformation of Hunter’s Point South in two phases from a contaminated strip of coast in Long Island City, Queens, to an ecologically sensitive 11-acre park was 11 years in the making. Stretching along the East River south of Gantry Plaza State Park and Steven Holl’s Hunter’s Point Community Library (see page 16), Hunter’s Point South Park sits on a conveniently sited piece of land that was neglected for decades before the park opened at the end of last year.
The park was designed by Thomas Balsley Associates (TBA; the firm became SWA/Balsley in 2016) and WEISS/MANFREDI to be a sustainable storm buffer and public green space for the new Hunter’s Point South development, a 5,000-unit housing complex on the southern shore of Long Island City.
The idea for Hunter’s Point South Park had been percolating long before plans for it officially started coming together in 2007. Thomas Balsley told AN that back in 1990, when Gantry Plaza State Park was being planned, he envisioned a whole-coast master plan that would stretch from Anable Basin in Long Island City (the site of Amazon’s failed HQ2 bid) all the way down to Newtown Creek in Greenpoint, Brooklyn (now home to a wastewater treatment plant known for its iconic “biodigester” eggs). To Balsley, Gantry Plaza State Park was supposed to be the start of a line of parks running down the Queens–Brooklyn shore. Design on Hunter’s Point South Park began in 2009, and Balsley and Weiss/Manfredi’s early sketches are remarkably close to what would be built nine years later.
The linear park provides views of the Manhattan skyline and has an amphitheater-like arrangement that also blocks noise from the busy Queens streets to the east. Because of tight siting requirements, budget constraints, and the harsh microclimate that the park has to endure, SWA/Balsley filled the site with resilient native salt-marsh plants. Besides acting as a natural flood buffer, the plants don’t require active irrigation, meaning none was built into the site. The plants also filter and clean the river, a job that Balsley likened to “acting as the park’s liver.”
Arup was also responsible for specifying the park’s lighting fixtures. Most of the fixtures used were New York City Department of Transportation/Parks Department–standard pedestrian- and street-lighting poles and Holophane helm fixtures. Linear lighting by Wagner was used to illuminate the benches and overlook handrails and as uplighting. Step lights by Bega were integrated into the wooden furnishings and concrete walls. The nonstandard lighting features were all intended to be as minimal and unobtrusive as possible, so as not to detract from the landscape and views.
WEISS/MANFREDI was responsible for designing structures for both phases of the park, with Galvin Brothers serving as the general contractors. In Phase 1, that meant the 13,000-square-foot bent-steel pavilion that houses Parks Department offices, restrooms, and a COFFEED cafe at LIC Landing, the park’s ferry dock. Fabrication of the structure and canopies was done by Powell Steel Corporation of Lancaster, Pennsylvania, which permanently closed in 2013. Stainless steel cladding came from Westfield Sheet Metal Works in Kenilworth, New Jersey.
For Phase 2, the towering steel overlook structure (below) was fabricated by Newport Industrial Fabrication in Newport, Maine, while the freestanding precast panel walls were fabricated by Bétons Préfabriqués du Lac (BPDL) in Alma, Quebec.
The custom wood–slat lounge chairs and banquette seats and custom precast concrete benches were designed in-house by SWA/Balsley and WEISS/MANFREDI, with galvanized steel framing and Kebony USA–provided Kebonized southern yellow pine. Steel benches with aluminum seat dividers were provided by Landscape Forms and manufactured in Kalamazoo, Michigan, with raw materials mined from within 500 miles of the facility to reduce environmental impact.
The park is easily accessible despite its coastal locale. It can be reached via the 7 train’s Vernon Boulevard–Jackson Avenue station; by the Q103 bus via the Vernon Boulevard/49 Avenue stop; by the Long Island Rail Road, which stops at 49-13 Vernon Boulevard; by numerous street-level bike paths; by car; and via the Hunter’s Point South ferry landing.
Plant species were selected for their hardiness and nativity and include juniper trees and a variety of shrubs and grasses for the park’s bioswales. Besides cutting down on maintenance costs, the flora used by SWA/Balsley can thrive on the edge of a briny river, and hosts native fauna. Plants were sourced from nurseries in New York, New Jersey, and Maryland.
Arup, which was responsible for the structural, civil, and bridge engineering of both phases, oversaw the installation of 7,500 feet of sanitary and storm sewers and 3,700 feet of water main.
Infill and hardscaping
Prior to the park’s construction, the site had been used in the 19th and 20th centuries as a dumping ground for soil excavated from rail-line construction sites around the city, and many portions of the site had since grown wild. To build out and sculpt the shoreline, existing infill was repurposed and moved to the water’s edge. Around the shore, board-formed and precast concrete walls were used to create the harder edges, while Jet Mist and Stony Creek granites mined from Stony Creek, Connecticut, were used for the riprap (below) and to fill in steel gabions.
Because this was a city project, the NYCEDC was tasked with appointing an artistic consultant. After a search, Suzanne Randolph Fine Arts was chosen, which in turn picked Nobuho Nagasawa to create a site-specific installation. Seven photoluminescent sculptures resembling different phases of the moon were installed in 2017 in the winding, peninsula-like amphitheater forming a piece titled Luminescence. Each “moon” in the series was cast from Hydrocal, a mixture of plaster and portland cement.
Funding and Labor
In 2009, the New York City Economic Development Corporation (NYCEDC) selected the project’s developer, TF Cornerstone, and TBA, which brought on WEISS/MANFREDI as collaborators. The project was split into two phases from the beginning. Phase 1 broke ground in January 2011 and opened in August 2013, after the NYCEDC spent $66 million for the 5.5-acre park and an accompanying 3,400 feet of linear roadway. Phase 2, which began construction in November 2015, opened at the end of June 2018, at a cost of $99 million. This 5.5-acre section, which came with another 3,500 linear feet of new roadways, was funded through the NYCEDC as part of Mayor Bill de Blasio’s Housing New York plan, as the park fulfilled the green space requirement of the adjoining housing development and is intended to mitigate flood damage there in the event of a storm surge.
The NYCEDC shepherded the project through two mayoral administrations and hired the LiRo Group to act as construction manager for the build-out, which then subcontracted the actual construction to the Great Neck, Long Island–based Galvin Brothers. The standard design-bid-build process was used for both sections. Park maintenance is handled by the NYC Parks Department.
In an ongoing effort to reimagine the transit nexus at Broadway Junction in East New York and its surrounding built environment, officials in Brooklyn have released preliminary ideas of what the area could look like. City leaders convened the Broadway Junction Working Group for the first time in October 2017 and, working with WXY Architecture + Urban Design, have since assembled a list of recommendations for improvements to the area in terms of transit equity, economic development, neighborhood amenities, and public space. With a series of interconnected subway stations that services the A, C, J, Z, and L lines, the area presents a significant opportunity to provide, as the recommendations suggest, “more good jobs, new retail and services, and active streets and public spaces—with an improved and accessible transit hub at its core.”
Currently, Broadway Junction suffers from a variety of factors that inhibit its potential as a hub of economic and social activity. Poor lighting under the elevated subway structures, as well as numerous parking lots in the immediate vicinity of the stations, make the surrounding blocks particularly hostile to people. With the integration of seating, greenery, public programming, and new infrastructural elements under the tracks, city officials and WXY hope to open up Broadway Junction’s public spaces for use by residents of the surrounding communities.
Overall, the plan calls for a mixed-use district that responds to the needs of the neighborhood without risking the widespread displacement of small businesses and residents that often accompanies major transit-related development projects. With the resources of the New York City Department of Small Business Services (SBS) and the New York City Economic Development Corporation (NYCEDC) at their disposal, business owners will be able to take advantage of commercial tenant legal services, business training courses, and other services. There will also be an effort to render the streetscape safer for pedestrians, cyclists, and motorists alike. Improvements to road circulation and various traffic-calming measures will ensure that those who drive, take transit, or walk in the area will be able to interact under less dangerous conditions. The subway stations at the junction will also be retrofitted to be more accessible to passengers with disabilities.
The Broadway Junction Working Group is supported by the Department of City Planning (DCP), the New York City Department of Transportation (NYC DOT), the New York City Department of Parks & Recreation (DPR), among other agencies.
The Bigger Picture
Mapping Community unveils how public buildings get built in NYC
Torts, Tech, Towers
Weekend edition: Tech urbanism, liability explained, and more
Tort suits alleging liability for failure to adapt to climate change are unusual, but there are signs that they may be becoming more commonplace.Tort suits alleging liability for failure to adapt to climate change are unusual, but there are signs that they may be becoming more commonplace. An Illinois insurer recently filed (and then dropped) lawsuits alleging that various state municipalities were responsible for payouts because their stormwater management plans did not anticipate increased rainfall that caused flooding. In the wake of Hurricane Katrina, plaintiffs argued, with some success, that it was foreseeable to the US Army Corps of Engineers that a navigation channel would change the local microclimate in ways that exacerbated hurricane damage (St. Bernard Par. Gov't v. United States, 121 Fed. Cl. 687, 721 (2015), rev'd on other grounds, 887 F.3d 1354 (Fed. Cir. 2018), petition for cert. filed, No. 18-359 (Sept. 9, 2018). Tort-like duties may arise in other contexts. Contracts might impose tort-like duties upon design professionals. For example, an architect whose contract specifies a useful life for a building might have a duty to anticipate the effects of climate change during that timeframe. Similarly, statutes can impose tort-like duties and may even be enforceable by private plaintiffs—a not-for-profit was recently found to have the standing to sue an oil company over allegations that its vulnerability to flooding made it incompatible with “good engineering practices” under the Clean Water Act. So, what is the standard of care? Simply put, design professionals have a duty to exercise the care of a reasonable practitioner in the location. Unfortunately, complying with this simple standard can be tricky, and the door is often open for someone to argue after a problem develops that the architect or engineer did not exercise the required level of care. The best way to minimize the chances of that door being opened is to pay careful attention to local best practices.
Compliance with local codes does not insulate the design professionals from liability if their peers are building to a higher standard.Building codes are one potential pitfall. While failure to comply with local building codes can lead to a finding of a per se (i.e., automatic) violation of the design professional’s duty, compliance with local codes does not insulate the design professionals from liability if their peers are building to a higher standard. Design professionals would be well-advised to be aware when local codes are outdated or backward-looking. For example, most states’ building codes do not account for sea-level rise. Similarly, relying on locally available climate data or projections may not be enough to protect the design professional from liability. Today, an architect in New York would have access to well-founded floodplain maps that take into account the potential impacts of climate change. However, this was not always the case. When Hurricane Sandy struck in 2012, many communities’ FEMA maps dated back to 1983. In this situation, it would be more difficult for a design professional to claim that reliance on official floodplain data was reasonable. And this is a significant problem—a 2017 government audit found that 58 percent of FEMA floodplain maps nationally were out-of-date. Further, although New York City benefits from an additional set of FEMA-drawn maps that anticipate the impact of rising sea levels, this is not the case nationally, meaning that even a brand-new floodplain map represents the chance of being hit with a flood in the last century rather than the next one. Practitioners should also be aware of codes governing public development. Future plaintiffs could argue that they are admissible to attack or to buttress expert opinions on the prevailing standard of care for private development. Our practitioner in New York should be aware of the city’s new Climate Resiliency Design Guidelines, which identify climate change risks and appropriate resiliency interventions for city projects—such as raising machinery when building in a potential floodplain. New York is not alone—various other state and local bodies, such as Boston, have developed or are developing similar standards. The Illinois lawsuits discussed above relied, in part, on rainfall predictions in the Chicago Climate Action Plan. Similarly, plaintiffs may argue that various nonbinding standards show prevailing practice. Industry bodies such as the American Society of Civil Engineers are attempting to develop such standards, and the Canadian Engineering Qualifications Board has published standards for engineers adapting to climate change. There is also the risk—as some design professionals have experienced with LEED certification—that undertaking to comply with otherwise nonbinding standards could create legal obligations. Our climate is changing rapidly. Design professionals already have plenty of incentives to make sure that our buildings and infrastructure are ready. A further incentive is that it reduces the risk of tort liability. Larry Dany is a partner at Eversheds Sutherland (US) LLP where he leads the Construction Industry Practice Group in New York City. He helps clients across the construction industry resolve a wide variety of complex business and legal challenges through planning, contract negotiation and drafting, dispute avoidance, claim management, arbitration, and litigation from inception through jury trial in state and federal courts across the country. Nicholas Boyd is an associate at Eversheds Sutherland (US) LLP. He advises corporations, financial services companies, and state agencies on complex business and civil litigation matters. His practice has a particular emphasis on antitrust disputes, class actions and construction lawsuits.
Decks (over) and Yards
After Hudson Yards, Sunnyside could be New York's next megadevelopment
Lawrence Halprin and William “Holly” Whyte both published books in the 1960s that highlighted the ad hoc and often bottom-up design decisions that make cities successful for their users and inhabitants. Facing the massive Nieman Marcus–emblazoned steel and glass street wall that greets visitors entering Hudson Yards from 10th Avenue, the lessons of Halprin and Whyte seem a quaint reminder of how city building has changed in the past 50 years. Hudson Yards, or as its developers like to call it, “New York’s next great neighborhood,” is not so much an accretive, incremental part of the city, but a pop-up assemblage of high-rise corporate boxes surrounding a shopping mall. There is little here that would interest Halprin or Whyte about how to design a city.
As America’s white middle class was abandoning the city for the suburbs, the authors wanted to rediscover and celebrate the joys of high-density living. Gentrification has gone from an obscure English academic theory to a popular derisive term to describe how our cities are being organized, planned, and developed. In New York City in 2019, even affordable housing has been handed over to large corporate entities, much as it was in the 19th century, when tenements proliferated and developers were allowed to do as they wished with their property holdings.
The urban critics writing about Hudson Yards yearn for a seamless Whyte-inspired urban fabric that gives as much as it takes from the city. Sadly, the Yards are described, variously, as “an urban failure,” a “$25 billion enclave,” “too clean, too flat, too art-directed,” and “a vast neoliberal Zion.” But how could it have been otherwise? It was conceived, planned, and designed by a corporation with little interest in anything but short-term profit, and it proceeded with little input from community boards, elected officials, or planners. The community boards had all been bludgeoned for years by proposals for sports stadiums on the site, and they gave the go-ahead to the first proposal that promised housing and a school, even if that meant luxury towers. Without serious input from community boards and city planners, this new quarter of the city was destined for failure. Developers only begrudgingly accepted the High Line—one of the most successful top-down planning projects of the past 25 years—into its 14 acres of “public” space when pushed hard by the department of city planning. The High Line, to its credit, makes provision for the sort of urban happenstance that we like about cities, and we can be thankful it wends its way through Hudson Yards and does not stop at its perimeter. The short High Line spur, with its still unfinished plinth for a rotating case of public sculptures, visible overhead to cars driving up 10th Avenue, is the sort of unexpected condition that makes the city richer. Unfortunately, the gigantic footprints of the Hudson Yards buildings and their corporate lobby design aesthetic makes it impossible for any bottom-up ad hoc events to take place.
A major problem for the Yards is that it sits on a 28-acre concrete pad and underground infrastructure complex that precludes any urban use that doesn’t generate billions of dollars in income. It’s the same problem faced in varying degrees by the World Trade Center site and Park Avenue, but these seem like triumphs of urban design compared to Hudson Yards.
Sadly, this blueprint for city building on concrete pads (and its economic and financing formula) may be the model for the next big development site in the city, Sunnyside Yard, as New York’s Economic Development Corporation (EDC) has already begun planning its future. It was identified as a potential development site in Mayor Bill de Blasio’s 2030 plan, and the 180-acre site in western Queens is not far from Manhattan and the growing centers of Long Island City, Astoria, and Queens Plaza. It potentially has 19 million square feet of retail, commercial, residential, and mixed-use spaces, and has been identified by the EDC as a place that could potentially house up to 24,000 homes, 19 schools, and 52 acres of public parks.
In February 2017, the city unveiled a feasibility study of the Sunnyside Yard area, which showed that decking was in fact possible, and that there were various scenarios in which a development of the site could move forward. But again, expensive decking will almost certainly preclude anything but corporate high-rise offices and luxury residential towers with commercial and open space, exactly like that at Hudson Yards.
Sunnyside Yard sits next to one of the most important residential developments in the United States, Sunnyside Gardens, designed by Henry Wright and Clarence Stein of the Regional Planning Association of America (RPAA). If only the planners for Sunnyside Yard could look next door and have the expertise and nerve to propose something as revolutionary as the RPAA did in the 1920s. But let’s not hold our breath—we are more likely to get another version of Hudson Yards on this public land.