Le-Nope!
A lumber company in Long Island City’s industrial Blissville neighborhood is the latest business to sue the city for proposing a protected bike lane — and the latest to convince a judge to grant a temporary pause in the project, known as the Blissville Greenway.
The bike lane in question was planned for Review Avenue between 56th Road and Greenpoint Avenue, taking cyclists safely between the Kosciuszko and Greenpoint Avenue bridges. LeNoble Lumber, the self proclaimed “Fedex of lumber yards,” filed its lawsuit last week, alleging that the Department of Transportation did not comply with environmental review protocol and was implementing the lane “arbitrarily and illegally.”
The lumber company argues that the city must undertake a “full review of environmental impacts,” a legal strategy that has proven to be a loser in prior efforts to stop the DOT from exercising its legal authority over the roads. Queens Supreme Court Justice Kevin Kerrigan did not rule on the merits, but merely set a hearing date for next month.
The DOT defended the project in the press, though the agency has not filed counter-motions yet.
“This project addresses critical safety needs for everyone by narrowing lanes on an unsafe corridor and protecting cyclists on a highly traveled route between Brooklyn and Western Queens," Vin Barone, DOT press secretary, said in a statement. "Our proposals utilize common design elements found on streets across the city and we will defend our work in court."
The idea for a Blissville Greenway began to gain momentum after the opening of the Kosciuszko Bridge pedestrian and bike path and the killing of teenager Mario Valenzuela and 53-year-old Robert Spencer on Borden Avenue in 2019. The DOT first proposed the collection of new bike lanes that would make up the greenway in May at the local community board.
What does LeNoble want?
The bike lane would narrow the wide, two-way road from 52 feet for the movement and parking of vehicles to 37 feet for the same purpose. The company wants to maintain the 52-foot width, but the lawsuit also emphasizes LeNoble's “need” for vehicle parking for its employees, which amounts to a private use of the public space that DOT wants to repurpose as a bike lane.
“The businesses on Review Avenue not only require the off- and on-loading of material on large-scale tractor trucks, but also require street parking for local business employees, including LeNoble’s employees who commute by vehicle to get to work every day,” reads the lawsuit.
Even though the city is under no obligation to set aside public space for free private parking, the plan as it is now keeps space for an entire lane of parked cars while keeping the roadway relatively untouched.
Matthew Dienstag, the owner of LeNoble, told Streetsblog that he didn't see it that way.
“Just on this stretch there’s like 100 businesses, there’s thousands of employees. Most of them drive to work, they don’t all live in this area. That would have a big impact on the employees getting to work,” Dienstag said.
He added that for a bike lane to be safe, it needs a physical barrier.
“You need some kind of buffer, especially here you have all of these trucks," he said, then he gestured toward a line of employees cars parked half on the sidewalk and half in the street — a move they make to avoid getting clipped by trucks.
"Could you imagine if there was a bike lane there?" Dienstag asked rhetorically. "Of course there are plenty of other ways, I’m just worried about where my employees are going to park, where are the trucks in this area going to park?”
This frustrates Tom Mituzas, a life-long Blissville resident and president of the Blissville Civic Association, who advocated for this greenway. He often walks on Review Avenue, countering the lawsuit's claim that the sidewalk here is “scantily used.”
“Here in Blissville, we’ve been transparent with our needs: safer streets for everyone,” said Mituzas. "If you walk down Review, you’ll see now, even pedestrians are in harm’s way because drivers ignore the curb. The cars go up on the curb and onto the sidewalks."
Dienstag proposed two alternatives to the DOT’s plan. One would use that very sidewalk as a shared bike/pedestrian path. The other would move the proposed bike-lane to the north side of the cemetery on Borden Avenue.
“Not every road is appropriate for a bike lane, but I happen to think they’re great in the proper place," Dienstag told Streetsblog.
The lawsuit comes at a time when business objection to road diets can outright stop, in the case of Ashland Place in Downtown Brooklyn, or severely delay, in the case of McGuinness Boulevard across the creek in Greenpoint, safe street projects. Groups of locals also sued to stop the 14th Street busway and the Central Park West bike lane, but both failed.
Industrial and residential clash
Dienstag said businesses like his in Long Island City have been pushed into one small space, calling the area where LeNoble operates an “industrial ghetto.”
“This is an Industrial Business Zone, it is the last remaining vestige of industry in Long Island City,” said Deinstag, after ensuring Streetsblog that he appreciates the development near the water in Long Island City, where he occasionally enjoys the restaurants.
Although the area is now an Industrial Business Zone there is a long-time residential community of about 500 people. In 2018, the community doubled when three homeless shelters opened in former hotels. Blissville residents say that the emphasis on business is a part of the problem.
“A big part of the issue is businesses that don’t recognize that there are people living here. Yes it is an ‘Industrial Business Zone’ where the homes are grandfathered in, but we have gotten 500 new residents since 2018 with our shelters,” said Mituzas.
Dienstag said he considers the residents as important stakeholders, but the lawsuit says there are “minimal to few” residents and does not take into account the cyclists who would be riding through the area. After all, not everyone who uses a bike lane lives next to it.
The whole picture
The project laid out by the DOT in May, was set to be built in three phases. The lawsuit only seeks judicial action over the Review Avenue portion of Phase I. As a result, even a short delay will likely push the project into next year, as DOT can only perform such work when the weather is above 40 and roads are dry.
Phase I (delayed due to the lawsuit):
- Review Avenue between 56th Road (near the Kosciuszko Bridge) and Greenpoint Avenue (which includes the eponymous bridge) would get a two-way protected bike lane.
- Southbound Starr Avenue and northbound Review Avenue between Greenpoint and Borden avenues will get a standard painted lane.
- Three short stretches (Van Dam Street and Greenpoint Avenue near the bridge) and Borden Avenue between Starr and Review avenues will get a protected bike lane.
Phase II (could start next year):
- Borden Avenue from Center Boulevard in Long Island City to Review Avenue, which will connect the Queens waterfront to points east.
Phase III (currently has no start date):
- 56th Road and Rust Street will get unspecified improvements.
Mituzas said he is hopeful that the final result will have a positive impact.
“Traffic-calming measures are needed, everyone needs safety. Truck drivers, forklift drivers, our delivery workers,” he said. “Ever since the city built the pedestrian and cyclist lanes on the Kosciuszko Bridge, more pedestrians and cyclists are using Review Avenue. The experts at DOT know what they’re doing, I trust the process and I’m sure the end result will be safe for everyone.”
