Preserving the Historic Jerome Park

Presentation to the State Office of Parks, Recreation and Historical Preservation Assembly Member Jeffrey Dinowitz, 81 AD Albany Office

Prepared by Karen Argenti and Robert Fanuzzi Bronx Council for Environmental Quality Wednesday, January 22, 2020 Assisted by Gary Axelbank 2 Presentation Outline

Introductions Legal SHPO Review Public Photographs Discussion and Next Steps

Preserving the Historic Jerome Park Reservoir 1/22/2020 3 Laws and Rules that apply the Historic Jerome Park Reservoir after listing on the SNR

• New York State - 9 NYCRR section 428 et seq.

• Article 14 of the NYS Parks, Recreation, and Historic Preservation Law

• New York State Historic Preservation Act of 1980

• Federal - section 106 of the National Historic Preservation Act of 1966.

• - SHPO, NYSOPRHP, and NYCDEP Memorandum of Agreement as per 9 NYCRR section 428 et seq.

Preserving the Historic Jerome Park Reservoir LEGAL 1/22/2020 The New York State Office of Parks, Recreation and Historic Preservation is 4 party to a Memorandum of Agreement from July 2000 ("MOA") regarding the continued operation of Jerome Park Reservoir and we believe the June 7, 2019 letter of approval issued by your office (the "Approval Letter") in connection with project 15PR05283 violates the MOA.

First, the Approval Letter states and gives implicit approval for the north basin to remain empty most of the time for operational reasons, which is a significant modification to the reservoir for which the DEP has not met its requirements under the MOA.

Second, under the MOA only "in-kind" materials are to be used for structural rehabilitation, unless such materials are unavailable or can't fulfill the operational function in question. In the DEP's own presentation to SHPO from May 2019, they state their change in installation method from cast-in-place stone to shotcrete is simply for economic reasons. Even if such economic reasons were valid under the MOA, why wouldn't the shotcrete only be permitted in the south basin, where it would not be regularly exposed to view? (We are not going to get to his now, just raise it for the inconsistency.)

Preserving the Historic Jerome Park Reservoir LEGAL 1/22/2020 MOA describes where DEP does not have to consult with SHPO, and 5 those where they do have to consult due to significant alterations to Listed surface structures. How does this impact the water level in the North Basin? Section II – MOA Items Section III – Significant alteration exempt from consultation must follow guidelines

 24. "Draining and dredging of either or  #24 and #25 do not include any both the North or South Basin of the action that would leave either Reservoir for inspection, cleaning, and basin of the reservoir permanently repairs to maintain water flow and empty or at a permanently lower quality," and water level than prior operations.  25. "Raising or lowering the water level within the Reservoir as needed based  This means the emptying or on observed water needs for New permanently lowering of the water York City and projected flow trends level within the Reservoir's north from the New and basin, therefore, is regulated by New Croton Branch Aqueduct serving Section III of the MOA. the ,"

Preserving the Historic Jerome Park Reservoir LEGAL 1/22/2020 6 DEP’s 2016 Alternatives Analysis study does not anticipate a permanent change in the water level. • "Open water comprises approximately 94 acres (25-feet deep)" of the Reservoir complex (see p. 1)

• "the 94-acre water feature provides a visual focus from the elevated perspective of surrounding homes, schools, and residential towers." (see p. 6).

• Further, the NYCDEP states they do "not anticipate a permanent change in the water level in either the north or south basin. At times one basin may be drained and remain emptied for periods of up to one (1) year thus a portion of the proposed wall liner might be exposed for a period of up to one (1) year until the basin is refilled (A. Brown, NYCDEP, personal communication to C. Saunders, HPI, 11/7/16) (see p. 2).

Preserving the Historic Jerome Park Reservoir 1/22/2020 SHPO and the DEP have agreed to govern projects at the reservoir - pursuant to the terms of the MOA and Section 106 of the National 7 Historic Preservation Act of 1966, for SHPO to review the documentation provided by the DEP for the particular item documented, and to state that is so.

• The DEP failed to provide new documentation. • The documentation they supplied in 2017 (Alternative Analysis) actually states the opposite(previous slide). • All previous SHPO letters issued are the same – example below

10/09/2015 Beth Cumming, Senior Historic Site Restoration Coordinator at NYSHPO 10/16/2016 Ms. Cumming 06/16/2017 Ms. Cumming “….. issued a letter stating that pursuant to the terms of the MOU and Section 106 of the National Historic Preservation Act of 1966 she had reviewed NYCDEP's provided documentation and that the proposed work would have "No Adverse Effect upon historic resources …” (described the proposed work)

Preserving the Historic Jerome Park Reservoir SHPO Review 1/22/2020 8

There is no statement in the June 7, 2019 letter that Ms. Brazee reviewed any documentation for the water in the North Basin.

“We further understand that the north basin will remain empty most of the time for operational reasons” is not in compliance with the MOA, as all previous letters issued.

Preserving the Historic Jerome Park Reservoir SHPO Review 1/22/2020 9

Preserving the Historic Jerome Park Reservoir SHPO Review 1/22/2020 10 2019 Letter contradicts previous statements from SHPO 2015 October 9 Beth Cumming letter: “The cast-in-place concrete buttress wall proposed to be constructed against the existing east reservoir wall shall, under normal conditions, be below the water line.” 2016 September 30 Ms. Cumming email: "Replacing the existing wall with new concrete may be okay if the existing wall is concrete. If the existing wall is historic stone, the stone should be repaired if possible or replaced in kind." 2016 October 16 Ms. Cumming letter: “The cast-in-place concrete buttress wall proposed to be constructed against the existing east reservoir wall shall, under normal operations, be below the water line.” 2017 June 16 Ms. Cumming letter: “The repairs to the Reservoir Interior East Wall will be a cast-in-place concrete liner wall that under normal operating conditions will be at or below the basin water level."

Preserving the Historic Jerome Park Reservoir SHPO Review 1/22/2020 Summary 11 Furthermore, in the original Historical Perspectives documentation provided to SHPO by the DEP they stated that "On the west side and on much of the north side, the Reservoir wall is built above the level of the street, and the water is not visible." However, this is false.

On the north side of the reservoir sits Fort Independence Park and there is a direct view into the north basin from much of the park. On the west side of the north basin is open parkland, including a fitness equipment area built by the city, from which citizens can walk to the reservoir's walls and see into the north basin.

Additionally, given the topography of the surrounding area the north basin can be seen from both Harris Park and Washington's Walk, not to mention the numerous houses and apartment buildings surrounding the reservoir that are three stories or more and thus have views of the north basin.

Preserving the Historic Jerome Park Reservoir SHPO Review 1/22/2020 50,000 residents and 25,000 students take comfort in the reservoir’s water. We see it from the street, 12 the parks, schools, high rise coops and rental buildings, and private homes that surround the Jerome Park Reservoir.

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Years ago …..an old photo taken from Fort Independence Park on the west side of the reservoir, looking at Scott Tower on the East side.

Preserving the Historic Jerome Park Reservoir 1/22/2020 Amalgamated, Park Reservoir and Mutual Coop 14

Fort Independence Park Historic District Tracey Towers & Scott Tower

Preserving the Historic Jerome Park Reservoir 1/22/2020 15 Celebrating the Designation of Jerome Park Reservoir on the State and National Registers of Historic Places, 2000

Fort Independence Park overlooking the Jerome Park Reservoir North Basin filled with water

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Taken From Scott Tower on the east side over Clinton HS Athletic fields, then JPR North Basin, in front of the high-rise buildings on the west side.

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Due to these factors, we ask that you rescind the June 7, 2019 letter of approval as there is clearly an adverse effect to the north basin and such approval violates the terms of the MOA.

Where do we go from here?

Preserving the Historic Jerome Park Reservoir Next Steps 1/22/2020