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Elizabeth Street Garden supporters vow to fight on as judge rules the city can move forward with plans for affordable housing on the site

Judge rules affordable housing can go forward on Elizabeth Street Garden site
Judge rules affordable housing can go forward on Elizabeth Street Garden site 02:13

NEW YORK - There was a ruling Tuesday in the ongoing battle over green space in Little Italy. The city can move forward with plans to build affordable housing in what's currently a public garden. 

The people who run the garden vow to continue to fight. 

Even on a rainy day, people flock to the Elizabeth Street Garden. Settled between Prince and Spring streets, the sculpture and flower garden has been open to the public since 2013. 

"It means everything to the community. People use it all the time. It's used throughout the year," Joseph Reiver, executive director of the Elizabeth Street Garden, said. 

Among the lush greenery and flowers, though, are signs letting people know it's in trouble. For years, garden supporters have been fighting the city over its proposed plan for the site. The Haven Green project, a public-private partnership, is a mixed-use development that would preserve a third of the green space and create affordable housing for seniors

The garden was created in 1991 on land leased from the city. Last November, a state supreme court judge issued a small victory to the garden, vacating and annulling the city's "negative decision" that said the project would have no negative impact on the surrounding area's environment, ruling the reduction in open space would have an adverse impact. 

On appeal, though, the appellate division reversed that, saying that the environmental assessment found "qualitative aspects of the surrounding area and nearby Washington Square Park would help mitigate the neighborhood's preexisting open space deficiency." 

"It is a distance, especially for the seniors and the community, to get over to Washington Square Park," said Elizabeth Street Garden attorney Norman Siegel. 

Housing Preservation and Development Commissioner Adolfo Carrión, Jr. called the ruling a huge win, saying in part "we look forward to delivering these 123 new, affordable, LGBTQ+ friendly homes for older New Yorkers, and we will continue advancing projects in every corner of the city to tackle the severe housing shortage driving this affordable housing crisis." 

"We are pleased the Court agreed that the environmental review for this important development was thorough and rational," said NYC Corporation Counsel Sylvia O. Hinds-Radix.

Friends of Elizabeth Street Garden said they've suggested alternative sites for the proposed development.

"There are many ways to achieve the housing for the city, the affordable housing, without destroying green space. We don't have to have two things that are dire for the city pitted against one another. So we're definitely going to keep fighting and it's not over yet," Reiver said. 

They plan to file what's called a leave to appeal. 

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