But in a statement later Thursday, John Whitehead backtracked, saying, “We are committed to preserving Libeskind’s vision, a hallmark of which is the recessed memorial setting, and the winning memorial design must be consistent with that vision.”

“It’s now in the hands of the jury to decide,” Whitehead said at first. “It’s in the jury’s hands. ... If they believe there is a plan that is far better than the Libeskind plan.”

When it was presented to the public last December, a central feature of Libeskind’s plan was leaving the foundation of the towers 70 feet below ground level exposed in remembrance of the terrorist attack.

By the time the plan was selected in February, the depth of the “pit” had been reduced to 30 feet.

Since then, some lower Manhattan residents and business groups have been lobbying to do away with the sunken memorial entirely.

At a public hearing last month, Carl Weisbrod, who is a member of the development corporation’s board and the president of the Alliance for Downtown New York, a business group, asked the jury that will choose a design for a trade center memorial to consider schemes that place the memorial at ground level.

Speaking at the development corporation’s regular board meeting, Whitehead said the door to such a design is “slightly ajar but not very far ajar.”

Libeskind had no immediate comment, his spokeswoman said.

The jury that was chosen to pick a memorial design will begin reviewing submissions next month and will select a plan this fall.

Meanwhile, housing advocates held a news conference prior to the board meeting questioning why the development corporation has made no commitment to develop low- and moderate-income apartments.

“There is a profound failure of leadership here — on the part of the mayor, the governor and the LMDC — to address the housing needs of lower Manhattan,” said Victor Bach, senior housing analyst at the Community Service Society.

The advocates stood in the back of the room and waved their signs during a discussion of a development corporation plan to hold workshops at which downtown residents would advise the agency on how to spend $1.3 billion in unallocated federal funds.

Originally published on June 12, 2003