Thursday, June 29, 2006

Are nine acres of interim surface parking part of the plan?

Missing from Forest City Ratner’s latest brochure (below, right) and the AtlanticYards.com web site is any mention of the two huge interim surface parking lots planned for the Atlantic Yards site, in the north central and southeast blocks of the site, blocks that are later slated for towers and landscaped open space.

How big? How many spaces? For whom? For how long? We don't know yet. The two large blocks occupy about nine acres of the 22-acre footprint. An acre can typically accommodate spaces for about 130 cars (plus driving lanes, etc.), so nine acres could provide parking for 1170 cars. It's unlikely that the entire blocks would be used for parking, though.

Still, the project would take at least ten years to build, so it's possible those parking lots could persist in whole or in part, especially if changes in economic conditions alter the development.

No one’s willing to say much for now. Not the city Department of Transportation. Not the Brooklyn Borough President’s Office. And not Jim Stuckey, President of Forest City Ratner’s Atlantic Yards Development Group, who, when asked June 15 before the Municipal Art Society session, said that it would all be discussed in the Draft Environmental Impact Statement (EIS), which should be released sometime next month.

Open space doesn't come first

But two large parking lots--one over a segment of the railyards, one on a block that now has several warehouse and factory buildings--would be a distinct contrast from the lovingly detailed open space that is to be designed by landscape architect Laurie Olin. (Example at right from AtlanticYards.com web site)

Parking lots are a magnet for traffic and would perpetuate, rather than heal, the division between Prospect Heights and Fort Greene posed by the railyards and broad Atlantic Avenue.

Why doesn’t Forest City Ratner build the parkland first? It’s not an unreasonable sequence; at Battery Park City a park and part of the Esplanade were built during the early stages.

Said Andy Wiley-Schwartz, VP at Project for Public Spaces, “We always think: what’s the potential to create a place? A surface parking lot is a great place for a market. Or you can throw some sod down and have a park. If you want to provide connections and amenities, and knit together the neighborhoods, that would be quite a statement.”

Final Scope hints

The first hint of the parking lots came in the Final Scope for the EIS, released 3/31/06, which stated:
The blocks on the eastern part of the project site (Blocks 1120, 1121, 1128, and 1129) would be built out during Phase II, though some preliminary work on the eastern blocks, including improvement of the rail yard and interim surface parking, would occur during Phase I.

It added:
Project components expected to be complete and operational at the end of Phase I (2010) include the newly reconfigured and upgraded below-grade rail yard and the development planned for the blocks housing the proposed arena (consisting of Buildings 1 through 4, and the arena) and Site 5; interim parking would be located on Blocks 1120 and 1129. The remainder of the program would be developed during Phase II, to be completed by 2016

This was first noticed by architect Jonathan Cohn in his Brooklyn Views blog on 4/3/06. He wrote:
One change in the Final Scope is the admission that an unspecified amount of “interim surface parking” on the eastern part of the project site will be constructed during Phase I. (P.14). This “use” of the site could be in-place for some time. While the Phase I analysis year is 2010 and Phase II is 2016, schedules for large projects are notorious for being accurate only at the moment they are proposed.

How many spaces?

It's unclear whether the surface parking would be included in amount of parking already specified in the Final Scope, or whether it would add spaces. The Final Scope stated:
[T]he proposed project anticipates providing a substantial number of new spaces: approximately 2,000 parking spaces in the first phase of project development (2010), increasing to approximately 3,800 parking spaces in the full build (2016).
(At right is the parking plan as depicted in the 2/18/05 Memorandum of Understanding between Forest City Ratner, the city, and the state. There are no plans for parking under the arena itself, however.)

Stuckey said in January there would be parking "part on the arena block, part across the street, part down on Block 1129, and dispersed throughout a number of different areas." But he apparently was talking about parking garages, not interim surface parking. Block 1129, which is between Carlton and Vanderbilt avenues and Pacific and Dean streets, has always been mentioned as a location for underground parking, not necessarily surface parking, as the graphic from the 1/8/06 New York Times indicates (right).

So, if 2000 underground spaces are planned for the first phase, the surface parking could add another 1000 spaces or so. If there are only 1000 underground spaces planned, the surface parking would mean a total of 2000 spaces. What's more likely? The language of the Final Scope suggests that the 2000 spaces in the first phase are permanent spaces, so that suggests that the surface parking would be an addition rather than part of the 2000 total.

Parking for construction workers?

Would the surface parking lots be for arena visitors, residents, construction workers, or all three? One of the lots would be close to the arena, while another would be farther to the east. It seems that the lots would provide spaces for some the 1500 construction workers expected to be working annually on the project. This is anomalous, as large-scale urban construction projects typically don’t provide onsite parking.

Stuckey told a group of Atlantic Avenue merchants at a 3/29/06 meeting that construction workers--that is, those that drive, I assume--would be required to park onsite. (How many is that?) Also, according to Terry Urban, a merchant who attended the meeting, all the construction traffic will be at the east end and onsite, and deliveries would be made at night in order to not disrupt business. (Well, they might disrupt some people's sleep.) Once buildings are torn down, pull-off lanes would be constructed to ease through traffic.

What’s wrong with interim parking

Several analysts of transportation and public space policy added criticism of the interim surface parking. "It sets a bad tone for the rest of the project when one of the first things they do is create a parking lot," said Kate Slevin of the Tri-State Transportation Campaign. "What if something changes in their fiscal situation and the company can no longer afford to build?"

Wiley-Schwartz of PPS added, "If you plan for cars and traffic, you get cars and traffic. This project does nothing to cut into the current demand for cars and road space in Brooklyn, and adds to it. I’d suggest traffic calming on Flatbush and Atlantic, making it harder to go there, so people don't choose to use their cars."

Peter Krashes, a Dean Street resident who lives across the street from a potential parking lot, pointed out that, if the southeast block contains an interim parking lot there, "they’d have tear down all the existing buildings on that block, including the historically significant Ward Bakery." (right) The Municipal Art Society has suggested that such a historic resource be preserved.

Krashes said it wasn't clear how soon a platform would be built over the railyard after it's moved to the eastern portion of the site. He lamented the lack of detailed information yet available: "There is no way to differentiate between what is necessary because of infrastructure demands, when it simply saves FCRC money, or serves some other end."

The transit solution

Aaron Naparstek, an organizer at the Open Planning Project, observed, "The way to solve the problem is not to build more parking around the arena." He cited several solutions:
--residential parking permits (priced, not free).
--congestion charging either on the East River bridges or around the Downtown Brooklyn central business district
--direct revenues from cars and parking into transit improvements, particlarly express bus services.

Naparstek wrote in April:
You've got to wonder what ever happened to the original sales pitch: That an arena could work at the congested intersection of Atlantic, Flatbush and Fourth Avenues because it was being built atop of a major transit hub?

Indeed, FCR transportation consultant "Gridlock Sam" Schwartz recently offered this summary of the Atlantic Yards plan he's working on: "Transit, transit, transit."

Within a month, perhaps, the Draft EIS will provide some more clues.

Wednesday, June 28, 2006

Transportation changes: are congestion pricing, East River tolls on the agenda?

One huge challenge for the Atlantic Yards project--or any other major development at the crossroads of Atlantic, Flatbush, and Fourth avenues--involves transportation, and the solution involves citywide issues, not merely project-related fixes. That's why the decision by the Empire State Development Corporation to exclude the East River crossings from the Final Scope of Analysis--the prelude to a Draft Environmental Impact Statement for the Atlantic Yards project--was so shortsighted, especially since a good chunk of Nets fans are expected to come from New Jersey.

The graphic at right comes from the New York Post, which published a 6/19/06 article headlined 'NET' RESULT: TRAFFIC CHAOS. The division seems stark:
Opponents of the Atlantic Yards project in Brooklyn claim politicians are ignoring the traffic nightmare - on subways and roads alike - that the $3.5 billion development near Downtown Brooklyn will cause, even when the Nets are not using their new stadium.
Borough President Marty Markowitz - a major supporter of Bruce Ratner's proposed NBA arena, residential and office project - insists the plan should have "zero impact" on local mass transit during rush hours because events in the 18,000-seat arena likely won't start until at least 7:30 p.m.


But the issue goes beyond arena attendance, a transportation consultant Brian Ketcham has stressed, since most of the new traffic would be generated by new residents. Markowitz remains optimistic, according to the Post, that Forest City Ratner will mitigate the impact of the project, such as by providing incentives for people visiting the arena to use mass transit.

The problem is much bigger than the Atlantic Yards project, and whatever changes are proposed by the developer will have to be seen in context of some citywide planning issues. After all, Also, 40 percent of the traffic in Downtown Brooklyn is going into Manhattan, according to traffic consultant Bruce Schaller, and that could be cut if the city implements some systemic changes.

Citywide solutions

Schaller was among several experts who gathered 5/24/06 at panel discussion sponsored by the New York Metro chapter of the American Planning Association on how to better move people through the city.

Schaller discussed results from his study, Necessity or Choice? Why People Drive in Manhattan, pointing out how inefficiently we use "our most precious resource--space." Cars use ten times as much space per person/mile as buses, and 2.5 times as much space as pedestrians.

How could it be reallocated? Sidewalk widening, bus lanes, and bike lanes all are ways to reprice space. "It's important to show people what a changed city looks like," he said, showing photos of San Francisco, with a dedicated bus lane and a platform for level (and faster) bus boarding.

His study showed that most auto users actually live in the Central Business District (CBD), and that 80 percent of the commuters from Brooklyn live close to the subway. "Driving is a choice, not a necessity," he said. Those surveyed cited comfort, convenience, and speed--plus the availability (for 60% of those surveyed) of free parking.

He pointed to some hopeful signs: pilot programs to close the loop drives in Central Park and Prospect Park, as well as an ongoing study of bus rapid transit in the city. Indeed, a few weeks later, as Schaller explained in a Gotham Gazette article, the city’s Department of Transportation (DOT) and the Metropolitan Transportation Authority (MTA) released concept plans for the 15 routes and held public workshops in each borough.

Gridlock Sam shakes it up

Consultant "Gridlock Sam" Schwartz said we should "break the system entirely and rebuilding it entirely." He cited a "dysfunctional pricing scheme" in which East River bridge crossings are free, but tunnels cost money, and drivers must pay to travel on bridges within boroughs, such as from Southern Queens to the Rockaways. The dysfunctional system also means truckers detour through Brooklyn to save money.

Congestion pricing, in which the price of entry would rise during peak hours, has been suggested in the past, but political leaders didn't have the will to push it. Now the time is right, he said, noting that, because city infrastracture doesn't have a dedicated revenue source, the four East River bridges are all in poor to fair condition.

Congestion pricing, he said, could not only restore the bridges and decongest Downtown Brooklyn and the Central Business District (CBD) in Manhattan, it could bolster the transit system, keep big trucks off city streets, and improve air quality. Discounts for city residents (and even more for CBD residents) could help, he said, could indirectly amount to a partly-reinstated commuter tax.

And several tolls, especially in the outer boroughs, could be removed. While now a version of the EZ pass could be used, he said, within a decade more sophisticated schemes could be available, based on vehicle miles, or hours traveled, among other things.

Who loses? The parking industry--but, as Schwartz observed, they use congestion pricing themselves, with "early bird specials."

How to get there

While Schwartz's scheme met with wide approval from the planners in the audience, it's harder to sell congestion pricing to politicians and the public. Jon Orcutt of the Tri-State Transportation Campaign reprised the presentation he gave at the Park Slope Civic Council in March, sardonically pointing out how New York trails London, where there's a consensus on reducing traffic. "The transportation department is too cowardly to ban cars in parks," he said.

In suburban Nassau County and in Northern New Jersey, local governments grapple with land use and transportation issues together, while New York is behind. Using Brooklyn as an example, Orcutt said there is "no big picture or real goals." By contrast, "San Francisco has a transit-first policy."

He said the city's policy is to "give developers what they want" and criticized the environmental impact statements for the West Side Stadium and Yankee Stadium as "cooked books." (Will the same be said for the Atlantic Yards EIS, which is expected next month?)

As Orcutt said in March, "you need to... blame the mayor," citing Staten Island as the only borough where traffic is a front-page issue. He cited incremental changes, such as traffic calming, residential parking permits, and more bus rapid transit, though he lamented that only one of three potential routes in Brooklyn will be tested.

Business backing

Kathryn Wylde, president & CEO of the Partnership for New York City, indicated that the business community is ready: "We feel that the city, like London, has reached a tipping point. Congestion is a threat to future economic growth."

She said the group was surveying its membership for best practices regarding transportation changes, and will release a report shortly. She said the net conomic impact of congestion pricing was "demonstratively positive," though the effect on specific sectors would be unclear.

She noted London differs significantly from New York; it has one-quarter the number of residents in the congestion zone.

To win over some people who are used to vehicular transportation, she said a major investment in public transportation would be necessary.

Some questions

Asked about the elimination of on-street parking, Schwartz said that there should be space for loading, but in the CBD, it could be eliminated, especially if parking placards for city workers were eliminated.

How to sell the idea to the public? Wylde said she'd talked to several p.r. firms, and they all warned against the use of the term "congestion." The bottom line, she said, it to be able to demonstrate benefits. "The hardest thing is telling people it's not a new tax." She suggested a term used by the Bush administration: "value pricing."

One person in the audience raised a provocative question: is DOT Commissioner Iris Weinshall a sacred cow "because of her marital status"? (She's the wife of Sen. Chuck Schumer.) The questioner noted that, after the 2003 Staten Island ferry crash, which killed 11 people and injured 71, there were no calls to dismiss Weinshall.

The question, however, was ruled out of bounds for a policy panel, as was my question about preliminary transportation plans for the Atlantic Yards project. (Schwartz has been hired by Forest City Ratner as a transportation consultant.)

I asked Schwartz afterward if he could provide a glimpse of his work on the Atlantic Yards project. He waved it off, saying it was premature, but gave a three-word summary: "Transit, transit, transit."

Tuesday, June 27, 2006

Crain's poll on Atlantic Yards project misses the point

On the heels of Crain's New York Business editor Greg David's misinformed column supporting the Atlantic Yards project, Crain's now offers a stilted poll canvassing readers' opinions:
Developer Bruce Ratner's plan for the Atlantic Yards in Brooklyn calls for less commercial space than he had originally envisioned, along with 6,800 residential units--nearly a third of which would be affordable housing.
THE POLL QUESTION: Do you agree with the Atlantic Yards plan?
Yes, the housing market is already tight, and the city needs more affordable units
No, the huge development would destroy the borough's character


Given that the developer traded office space for more lucrative luxury condos in May 2005, the question is a little late--and it treats "the Atlantic Yards" as a place rather than a project. More importantly, it ignores the fact that the developer originally promised 50 percent affordable housing, but violated the spirit--if not the letter--of the affordable housing agreement by adding the condos.

It treats the scale and density of the project as a matter of opinion, rather than something that could be assessed by (or at least in relation to) zoning, or evaluated in comparison to other projects.

Alternative questions

What if Crain's had asked:
Developer Bruce Ratner's plan for the Atlantic Yards project in Brooklyn would provide more than twice as many apartments per acre as any other major project in the city.

Developer Bruce Ratner's plan for the Atlantic Yards project in Brooklyn would cost the public at least $1.1 billion in subsidies and public costs over 30 years, by the developer's own estimate.

Developer Bruce Ratner's plan for the Atlantic Yards project in Brooklyn involves a Community Benefits Agreement (CBA) in which the CBA signatories accept money from the developer, unlike pioneering CBAs negotiated in Los Angeles, where the signatories consider payments a conflict of interest.

Developer Bruce Ratner's plan for the Atlantic Yards project in Brooklyn would involve the use of eminent domain for economic development, even though, as suggested in the Supreme Court's Kelo decision, eminent domain is most defensible when it proceeds from a publicly-derived plan for redevelopment, which is absent in this case.


[Update 6/27/06: Initially the vote was 90 percent against, but it later became 65 percent against. It shouldn't be seen as a referendum; this kind of online poll is unscientific and subject to multiple voting.]

Sunday, June 25, 2006

Crain's editor Greg David gets it wrong: chronology, housing, density, and "status quo"

Crain's New York Business editor Greg David, in a column dated 6/26/06 headlined Atlantic Yards is not about sports (subscribers only), repeats some Forest City Ratner talking points, forgets the eminent domain issue that he's previously addressed, and adds some other misreadings.

David writes:
As Bruce Ratner tells the tale, the Atlantic Yards project took off in 2003 following a phone call from the Brooklyn borough president. The New Jersey Nets basketball team was for sale, and Marty Markowitz pleaded with Mr. Ratner to buy it and return a professional sports team to Brooklyn.
Sports and the borough's psyche had been linked decades earlier, and just as the Dodgers' departure in 1958 seemed to start years of decline, so bringing the Nets to Brooklyn would put an exclamation point on its economic revival.
Three years later, sports are merely a footnote to the project.


But sports were always a footnote. The arena was always a small fraction--little more then ten percent--of the project's total square footage. It was billed as the centerpiece of the project to gain political and public support.

David continues:
Atlantic Yards now concerns making choices about the city's future. Mr. Ratner knew nothing about professional basketball when Mr. Markowitz called. What he did understand was Brooklyn, where he had built Metrotech in the 1980s. The office complex saved the borough's downtown and the city 10,000 jobs that had been headed to New Jersey. Mr. Ratner had long believed that a site nearby, where the Long Island Rail Road parked its trains, was suitable for the next major development.

But the railyard site is little more than one-third of the 22-acre project footprint. That's a key error that persists in the press.

Wrong chronology

David continues:
But he couldn't figure out how to get the public money or political support needed to proceed--until the Nets came along. His original concept envisioned a sports arena, 2 million square feet of office space and 4,000 apartments. Sept. 11 sent Mr. Ratner back to the drawing board. Demand for office space weakened, and Atlantic Yards could be seen as a threat to Lower Manhattan, which would split the politicians he needed in his camp.

September 11 (2001) sent Ratner back to the drawing board? The original concept was unveiled in December 2003. The switch from office space to housing was, indeed, a reaction to the threat to Lower Manhattan (and possible opposition from Assembly Speaker Sheldon Silver, who represents the area), as well as the need for higher revenue from housing. David, however, misses the switch from the promise of 10,000 jobs (and the "Jobs, Housing, and Hoops" slogan, now put aside) to many fewer jobs.

The housing switch

David continues:
Escalating apartment prices rescued Mr. Ratner. Adding residential units would produce the revenue needed to pay for the arena and for about $1 billion in infrastructure. One of the top priorities of the Bloomberg administration was more housing, so it would be supportive. Mr. Ratner slashed Atlantic Yards' commercial space and turned it into a residential neighborhood with 6,800 units. Mr. Ratner, always a politically astute developer, added an important twist. The condos would be so lucrative that he would use some of the profits to set aside almost a third of the units as affordable housing--more than any developer had ever done in a similar project. Such a move would be popular not only with the mayor but with advocates for the poor. The developer signed them on as supporters; the most notable was the outspoken group Acorn.

The original promise was 50 percent of all housing in the project. Then, when the housing Memorandum of Understanding with ACORN was signed in May 2005, the switch had been made to 50 percent of the rental housing. (Still, Marty Markowitz was on script for the previous version.) So the one-third figure, however impressive compared to some developments, is less than what was promised.

Also, 30 percent affordable housing was recently negotiated by the City Council for the rezoning of Williamsburg and Greenpoint. There's been no rezoning for the Atlantic Yards project. In essence, the affordable housing is a privately-negotiated zoning bonus. That means Forest City Ratner can build at a density more than twice that of other major developments. So, in this case, affordable housing would be achieved by overbuilding.

Misreading opponents

But his opponents aren't giving up. They claim that Atlantic Yards will destroy Brooklyn's character. Their hope is to preserve the status quo, even as tens of thousands of people come to New York because of its vibrant economy. If the city is to thrive, it will need to build places for them to live by Manhattanizing some sections of Brooklyn and Queens. With residential housing prices so high, developers can subsidize substantial numbers of less expensive units for the endangered middle class. Mr. Ratner has worked out the economics of this game plan for the future. The fate of his project is a test of whether the rest of New York will embrace it.

There's certainly an argument for building at an increased density over the railyard site and even over adjacent streets. But that doesn't mean Ratner, supervised by the Empire State Development Corporation, should have carte blanche to build at the density decided in the boardroom. What happened to zoning and community oversight?

Also, saying that opponents hope to preserve the status quo ignores the community-developed UNITY plan and the bid for the railyards by Extell, a high-rise project at a somewhat lower density than the Ratner plan. It's disappointing that David, who surely knows Brooklyn and development better than Los Angeles-based architect Frank Gehry, sounds in this case like he's echoing Gehry's dismissal of critics.

As for the economics of the plan, why does David trust Ratner's claims, given that the developer has been unwilling to produce his economic projections for the project? Is Ratner's claim of $6 billion in revenue from the project credible? Are the subsidies and public costs deserved? And does David remember that, last December, he wrote, regarding eminent domain: What makes the issue so compelling in New York is that eminent domain is exercised here by undemocratic and politically motivated agencies like the Empire State Development Corp.

Friday, June 23, 2006

CBA coalition launches invite-only "Meet & Greet" sessions

For those interested in the Atlantic Yards project, a series of Meet & Greet sessions have begun at the Atlantic Yards Information Center on the third floor of the Atlantic Center Mall. While the term "open forum" is used to describe the meetings, they are invitation-only. According to a press release:
The Atlantic Yards Community Benefits Agreement Coalition has started a series of “Meet and Greets” in Brooklyn, NY to both introduce community residents to the proposed $3.5 billion, Frank Gehry-designed Atlantic Yards project and to elicit additional feedback.... Future Meet & Greets are planned to occur regularly in the ensuing months.

The source for that press release was the Event Calendar Tuesday of the Electronic Urban Report (EUR), which listed the following: Essence Fest adds rap show, Diddy drops out; NBAF in Atlanta; Hip-Hop Theater Fest in NYC; ‘Thug’ film at Urbanworld; Atlantic Yards Meet & Greet. (Emphasis added)

While the issue of community benefits would presumably be interesting to a broad range of people, Forest City Ratner p.r. staff apparently want to get the word out to the black/urban audience.

First meeting June 13

The first event was held June 13. According to the invitation (click on the image to enlarge it):
Our Meet and Greet(s) are intended to be an open forum in which community residents and businesses can gather and meet an assortment of CBA signatory groups and representatives. In addition, these series of Meet and Greet(s) are to inform community residents and businesses more about the community benefits of the Atlantic Yards Project (AYP).
If you want to learn more about the CBA Atlantic Yards Project, have an idea, suggestion or just want to enjoy the company of your Neighbors, please join us! Our Meet and Greet(s) are free and you are welcomed to come via RSVP.


Given to attendees was a copy of the "Connect to CBA Opportunities" brochure produced by BUILD. The same document, which discusses plans for job training, affordable housing, and other CBA components (some of them still emerging), was given out Tuesday at the BUILD meeting, also held at the Atlantic Yards Information Center.

Cops, bankers also join in

The version of the guest list I saw had 66 names. Among the group:
--13 people from nine different public housing projects across Brooklyn, representatives of Public Housing Communities, a CBA signatory.
--4 people representing Brooklyn Endeavor Experience, a CBA signatory
--10 people from the New York State Association of Minority Contractors, a CBA signatory
--12 representatives from BUILD, a CBA signatory
--2 people from Mainline Financial Services
--2 representatives from HSBC
--1 community relations representative from Polytechnic University (a partner with Forest City Ratner on MetroTech)
--5 staffers from the Kings County District Attorney's Office
--7 representatives of the New York Police Department
--1 person from the Department of Education

Not present at this meeting were representatives from three CBA signatories: the Downtown Brooklyn Educational Consortium (DBEC), headed by Freddie Hamilton; the Downtown Brooklyn Neighborhood Alliance (DBNA), headed by the Rev. Herbert Daughtry; and the All-Faith Council of Brooklyn (AFCB), co-chaired by the Rev. Walter J. Morris.

Still in formation?

Based on the "Connect to CBA Opportunities" document, it seems that at least a couple of the CBA signatory groups are still in formation. (Click on the page at right for a larger view.) It states that PHC "will establish a Public Housing Council that will work with NYCHA Residents to ensure full participation in the programs and benefits of this Agreement."

Also, it states that "AFCB will form and facilitate an All-Faith Council, which shall be representative of the religious diversity within the Community, to establish an ongoing mechanism for community input for referrals to the jobs, housing and other programs created by this Agreement."

Unanswered questions

I wanted to find out more about this meeting and future meetings, so on Wednesday I called and emailed CBA Chair Delia Hunley-Adossa. I haven't heard back yet.

Thursday, June 22, 2006

MAS presentation on design principles, brochure now online

The 62-slide Municipal Art Society presentation from the June 15 session on design principles is now online. Also available is the brochure distributed at the meeting. (Part of the brochure is at right; click for a larger view.) And here's MAS President Kent Barwick's speech. The MAS web site also collects press coverage of the event.

AY information for BUILD invitees, but not for thee

On Tuesday night I was walking home from Fort Greene to Park Slope, on South Portland Avenue, alongside Forest City Ratner's Atlantic Center mall. I needed something from Staples--wasn't there a Staples in the mall? No, but there was something more intriguing: a blue sign pointing to the Atlantic Yards Information Center on the third floor.

I took two escalators up. After all, I'm quite interested in Atlantic Yards information, and the last time I saw that sign was on May 11, when I tried without avail to attend the press conference with Atlantic Yards architect Frank Gehry and landscape architect Laurie Olin. (Then again, I hadn't been back to the mall.)

Next to the Empire State Development Corporation's Brooklyn Community Network Office (coincidence: ESDC is in charge of the Atlantic Yards project), in a medium-sized room that likely was unleased retail space (Forest City Ratner now is its own tenant), there's a little piece of Oz in an otherwise drab mall.

Inside the Atlantic Yards Information Center are numerous wooden models of the Atlantic Yards complex. On the walls are more images of the project than available on the Atlantic Yards web site. Nicely-produced hanging screens introduce themes of the exhibition:
--"Open space by Olin"
--"Architecture by Gehry"
--"How will we create jobs for residents of Brooklyn?"
--"What is the Atlantic Yards Community Benefits Agreement?"
--"How will we support all this growth?"
--"What do we mean when we say Affordable Housing?"

Good questions, those. I walked past the entrance and saw that people signing in were being checked off against a list, and that the literature available was from Brooklyn United for Innovative Local Development (BUILD), the job training group that has strongly supported the Atlantic Yards project (and has been supported, in turn, by Forest City Ratner, though not as much as originally assumed).

I'd obviously stand out, I concluded; of 30 or so people, I noticed only two other Caucasians, and at least one was a Forest City Ratner p.r. employee. Most of BUILD's members and supporters are black.

I walked a few paces down the hall, turned around and waited on the line. When I reached the table, I signed in with my name and acknowledged that I wasn't on the list. Sorry, I was told, you can't enter. OK, I said, and asked if I could take some literature. Yes.

I started ambling down the hall. To my surprise, someone caught up with me: James Caldwell, BUILD President & CEO. We shook hands. (We'd met briefly twice.) He invited me back into the room.

I was surprised. I said, "You know who I am? I've been tough on you." (Tough, but not unfair, I'd contend, though I'm sure some disagree.) He said yes, and he didn't mind my attendance.

I shook my head at the odd twists in the Atlantic Yards story and walked into the room. I perused the exhibits for a few minutes and took some notes. A BUILD officer asked me how I found out about the session. Her tone was a bit incredulous; maybe she was wondering whether I'd heard from the source who gave me the BUILD flier that distorted the purpose of the Municipal Arts Society meeting.

I told her the truth: I'd wandered into the mall, seen the sign, and went upstairs. Frankly, I was surprised that no other casual mall visitor had been as curious about Atlantic Yards information.

Attendees had gotten their refreshments and began to sit down for the formal program, presumably an explanation of the brochure, "Connect to CBA Opportunities," that was at the entrance table. It was subtitled: "Your guide to employment, business, affordable housing, community amenities, educational and other opportunities at FCRC's Atlantic Yards (Nets Arena) Project."

It didn't say anything about the environmental review process by the ESDC; a Draft Environmental Impact Statement is due next month, and there's likely to be a vigorous debate about the project. So the "It's coming" notation on the meeting flier may be somewhat conclusory.

Before I could sit down, Caldwell materialized by my side. He told me cordially that he'd been overruled--by Forest City Ratner p.r., I assume--and that I had to leave.

I went home and got my camera. I returned to the mall and took a few pictures of Atlantic Yards Information Center signs, which were at both the west and east entrances to the mall.

In the morning, when I stopped by the mall again, the signs were still there. (I guess they leave the signs out.) Anyone following the yellow brick road upstairs for Atlantic Yards information, however, would have found that the door to Oz was closed.

Wednesday, June 21, 2006

First Annual Brooklyn Blogfest: Thursday at 8 pm

I'll be there, along with several other Brooklyn bloggers. We each will have an opportunity to talk briefly about our blogs, and even to read aloud or do live blogging. (I'll talk, but that's about it.)

Location: Old Stone House, Third Street, between Fifth and Fourth avenues in Park Slope
Organizer: Louis Crawford of Only the Blog Knows Brooklyn

What's missing? Columnist Louis still sloppy on jobs, the CBA, and AY rhetoric

In his 6/1/06 "Commerce and Community" column in the Bed-Stuy-based Our Time Press, Daily News columnist Errol Louis offered a "back-of-the-envelope analysis" of the jobs at the Atlantic Yards project. Unfortunately he failed to mention some important context, closing with the ahistorical suggestion that "Brooklyn politicians who have already wasted years opposing the project... should be negotiating the details of exactly how to make sure the coming jobs go to constituents who need it."

Louis neglected to tell readers that some jobs at the project have already been subject to negotiations, under the Community Benefits Agreement (CBA), and others simply fall outside any political oversight. (This column is no longer online, as it's been replaced by a more recent column, discussed below.) He also ignored the CBA in a recent Daily News column in which he identified five project supporters without pointing out that two are CBA signatories.

Construction jobs

First, give Louis credit for discussing the promised construction jobs with more precision than the developer and some commentators:
Forest City Ratner Companies, the project developer, estimates 15,000 construction jobs will be created over the 10-year life of the buildup. To put it another way, about 1,500 construction employees will be on the job every year for a decade...

Many others simply repeat the term "15,000 construction jobs" without acknowledging that such jobs are calculated in job-years.

There was a CBA

Louis, however, did not mention the already-concluded negotiations about those construction jobs. The CBA calls for "good faith efforts to meet the overall goal... of not less than 35% Minority and 10% women construction workers..." This represents an effort to diversify the construction unions. Louis surely knows this; his Daily News has editorialized about the issue.

Within that goal, 35 percent of 1500 jobs means 525 jobs a year--not insignificant, but also not so large in reference to a $3.5 billion project that, by the developer's own estimate, would involve direct subsidies and public costs of at least $1.1 billion. As Bettina Damiani of Good Jobs New York testified at the 5/26/05 City Council hearing:
Without a real RFP [request for proposals] process, it is difficult to say whether or not the public is getting the best possible results from its economic development efforts. This is particularly true when it comes to providing subsidies in order to induce development. The public is being asked to pay for part of a project that it has not had a chance to compare with alternatives.

Other jobs at the project

Louis briefly discussed the other jobs:
Next come the jobs associated with the companies that lease space within the arena complex and the other buildings planned at Atlantic Yards. It's hard to know what businesses will lease the planned office space or how many new or existing jobs will be located at Atlantic yards, but Forest City Ratner estimates 2,500 permanent office jobs, 770 retail jobs, 400 arena jobs and 70 hotel jobs.

It's hard to know? Maybe, but we have some hints. As the New York Observer reported last December, those arena jobs are unionized, so current workers at the Continental Airlines Arena in New Jersey would have first dibs at them.

What about the office jobs?

We also have some hints about the office jobs, the largest chunk of permanent jobs. They would not be subject to political oversight, and Louis should have known that. City Council member Charles Barron quizzed Forest City Ratner's Jim Stuckey about the office jobs at the 5/26/05 City Council hearing (p. 73-74):
STUCKEY: Well, we’re not even sure who those companies will be yet, Council member. I can’t tell you who the employees will be.
BARRON: Those jobs won’t be controlled by you?
STUCKEY: Those jobs are controlled by the companies that --
BARRON: That’s right. So, those, they could hire whoever they want basically.
STUCKEY: Typically that’s what happens with businesses in our country.


Beyond that, consider that, based on Forest City Ratner's track record in filling Brooklyn office space, at MetroTech and the Bank of New York Tower at Atlantic Terminal, it's unlikely that most of the office jobs would be new, as opposed to "retained." The New York City Economic Development Corporation (NYCEDC), a supporter of the project, looked at an earlier (and larger) set of job projections and estimated that fewer than a third would be new:
The fiscal impact analysis, however, assumes that only 30% of these jobs... are new to the New York economy.

Do the math: 30 percent of 2500 jobs would be 750 new jobs. And, to be precise, while Forest City Ratner estimates space for 2500 office jobs, that calculation does not include a vacancy rate. Throw in a typical 7 percent vacancy rate (which is what NYCEDC recommends) and you have to subtract another 175 jobs.

So 30 percent of 2325 jobs represents fewer than 700 new jobs. And how many of these jobs would go to residents of central Brooklyn?

Spinoff jobs

Louis also pointed that new businesses and expanded business would be needed to serve the thousands of families who would move into the project. Indeed, a population increase would stimulate demand for goods and services, though it's unclear how much of that demand would be accommodated by the retail promised within the project and thus be part of the already projected job figures.

As for the "coming tidal wave of new residents and office workers" who represent an opportunity for local entrepreneurs, consider that many would be close to Forest City Ratner's Atlantic Terminal and Atlantic Center malls, both of which have significant chunks of vacant space. Could it be that "the tidal wave" might be an opportunity for the developer as well?

Unpaid work

In his 6/16/06 column, under the subtitle "Atlantic Yards in Black and White," Louis wrote that "the smoldering racial undertones of the debate over Atlantic Yards recently burst into flames" when the Daily News's Ben Smith published part of a racially-charged email from Daniel Goldstein of Develop Don't Destroy Brooklyn.

Some of Louis's characterizations deserve challenge. He called it "a disgusting transparent attack on well-known community leaders like James Caldwell, Bertha Lewis, and the Rev. Herbert Daughtry, who negotiated a Community Benefits Agreement with the developer of Atlantic Yards--leaders who have spent decades building credibility by doing thankless, unpaid work on behalf of poor people in Brooklyn."

However much the abovementioned have done "thankless, unpaid work" in other organizations, a key factor in this CBA is that the organizations that signed the agreement will benefit, and that's not how the CBA model was established in Los Angeles, where signatories don't take money from the developer. BUILD's Caldwell was once slated to earn a salary of $125,000, later amended to about half that. Lewis is a salaried employee of ACORN, which receives donations from Forest City Ratner and would be responsible for marketing the affordable housing. Daughtry's Downtown Brooklyn Neighborhood Alliance got $50,000 in seed money the Forest City Ratner and, when asked, was unwilling to discuss what percentage of its funding comes from the developer. As noted by the New York Observer, six of the eight signatories did not exist as incorporated entities at the time the CBA was signed.

Racial undertones

As for the racial undertones, the issue is far more complex than black and white, as shown by the comments of two black City Council Members. Though Charles Barron used far more moderate language, he offered a not dissimilar message, declaring that the real divisive figure was not Goldstein but Forest City Ratner CEO Bruce Ratner. Using less charged language, he indicted CBA signatories: "Some quick folk made their deals early." Commenting on an attempt by BUILD to secure public funding for the privately-negotiated CBA, Letitia James called it an "Individual Benefits Agreement."

Referring to Goldstein's use of the term "wealthy white masters," Louis called it "pure poison, in the same community that came violently apart at the seams in 1991, in part because of loose reckless talk by irresponsible people." Same community? It depends on where you draw the boundaries. The immediate community is Prospect Heights; the larger community might be seen as Central Brooklyn, or even the borough as a whole; the 1991 riot was in Crown Heights, and related to a turf war between black residents, mainly of West Indian descent, and Lubavitcher Hasidim.

This issue of racially-charged rhetoric regarding the Atlantic Yards project could have--and should have--been covered from the start in perspective. Some Atlantic Yards supporters have offered irresponsible rhetoric. Last June, in the Brooklyn Daily Eagle, Lewis said "a small group of white liberals... don't give a damn about people of color." Last July, Caldwell told the New York Sun, “If this thing doesn’t come out in favor of Ratner, it would be a conspiracy against blacks." (By the way, I ran into Caldwell unexpectedly last night. He was quite cordial.)

Back to the CBA

Louis wrote that it was laughable to suggest that CBA signatories are from astroturf groups, adding, "In fact, more than 200 community organizations have endorsed the Community Benefits Agreement, largely on the strength of the history and integrity and deep roots the signers brought to the table." As noted last August in the New York Observer's blog The Real Estate:
...the coalition claimed that "more than 200 organizations have affirmed" the agreement since its signing in June--”meaning they supported the idea even if they were not involved in negotiating the agreement or will be a part of enforcing it. The Real Estate asked for the list and counted fewer than 175; and that's only if "organizations" include elected officials, restaurants and real-estate agencies, as well as block associations and the like. But we were nonetheless surprised it had traveled so far, so fast. Why, there are groups from as far away as Queens and Manhattan on this list! (Are they part of the "community" in downtown Brooklyn?)

Brooklyn Law School

Louis hearkened back to a forum last November at Brooklyn Law School, where he appeared on a panel with Goldstein:
We differed on a few of the many factual details about the project that are flexible, negotiable or unclear for other reasons. As I recently wrote in this space, it takes a little science and a little guesswork to estimate how many jobs might be created by the project. The number changes, for instance, if more housing and less commercial space gets built.
At the forum, I gave my best estimate and tried to argue the real point--not whether there will be 6000 or 10,000 or 15,000 jobs, but how desperately the jobs are needed. Instead of agreeing that the exact jobs number is an estimate and debating the issue at hand, Goldstein told the audience I was trying to pull the wool over their eyes...."


Well, I was there too, and you can watch the session here: mms://advisor.brooklaw.edu/sparerkelo05.wmv. Louis said:
The estimates of the jobs that would be created are upwards of 15,000 permanent jobs as a result of the project. Certainly those numbers have to be scrutinized and might in fact be debatable, but the general idea of going forward.... is one with which I sympathize.

While Louis did acknowledge doubt at the time, it's hard to call that a "best estimate." The number of jobs makes a difference. Had Louis checked the New York Times and his own Daily News some ten days earlier, he would have known the office space, once projected to house 10,000 jobs, had been reduced to accommodate 2500 jobs--and a closer analysis would have suggested maybe a third of them would be new positions. Since whatever might be built would create jobs, the specific numbers, especially relative to the subsidies and public costs, deserve scrutiny.

False premises

Louis wrote that Goldstein posted an online article about the event saying "Louis lied his way through" the panel. All because my jobs estimate didn't match his.
Goldstein changed the language on his Web site after I sent him a note--but once again, the damage was already done by the same man who is forever calling for "healthy open debate."


Though it's no longer on the Develop Don't Destroy Brooklyn web site, the revised posting stated:
Errol Louis, New York Daily News editorial board member, columnist and Ratner supporter, can't even get his basic facts right...so why should we trust what he or his board write? Especially inane stuff like this.
TimesRatnerReport covers two November 16th forums; at the first Mr. Louis repeatedly misstated established facts.


I didn't use Goldstein's language, but I think Louis was much too sloppy in his research and presentation. And I think he downplayed the differences in the debate, which went beyond estimates over jobs. I used the term "false premises (on eminent domain)" and pointed out the following flaws in Louis's argument:
--he suggested that the conditions in Prospect Heights were analogous to the two rather different cases Justice Sandra Day O'Connor cited as legitimate exercises of eminent domain
--he emphasized that the railyard owned by the Metropolitan Transportation Authority has been undeveloped for 50 years, which is true, but didn't acknowledge that eminent domain would not be necessary to develop the property
--he estimated 15,000 permanent jobs at the project.

Minor details?

A lack of attention to details can produce a distorted portrait of the big picture. There's a big difference between 15,000 new permanent jobs and 2500 total office jobs (or my more recent estimate of 1590 new permanent jobs). There's a big difference between last year's Kelo eminent domain case, where the project emerged from a publicly-approved plan, and the fait accompli of the Atlantic Yards project.

There's a big difference between describing the Atlantic Yards debate as a black-white battle rather than a more complex political (and racial) divide. And there's a big difference between the pioneering Community Benefits Agreements negotiated in Los Angeles, where groups agree not to accept money from a developer, and the Atlantic Yards CBA, where that ground rule has been ignored--not just by the signatories but by most of the press.

Tuesday, June 20, 2006

Would Atlantic Yards CBA be part of the emerging template? More doubts emerge

Does the Community Benefits Agreement (CBA) negotiated by Forest City Ratner and eight community groups stand as a template for good development? Not if you look at the CBAs negotiated in Los Angeles, where signatories didn't accept funds from a developer, unlike several of the groups in Brooklyn.
(At right, image from Forest City Ratner brochure.)

I went to the Black Brooklyn Empowerment Convention (BBEC) on Saturday at the Concord Baptist Church in Bedford-Stuyvesant to see whether the CBA issue would come up. It did, though glancingly. In a discussion of housing and economic development issues, Lois Blades-Rosado, executive director of the Brooklyn Educational Opportunity Center, said activists should be "holding elected officials and community boards accountable for the creation of Community Benefits Agreements."

While Blades-Rosado spoke generally, with no reference to the Atlantic Yards CBA, her formulation presents another alternative. Elected officials were not involved in the negotiation of the Atlantic Yards CBA, and not only were the three affected community boards shut out of the discussion, they have protested Forest City Ratner's public relations statement that the CBs participated in "crafting" the agreement.

That's not to say that participation by community boards and elected officials always legitimizes a CBA, since the process, in New York at least, can be highly political. Critics of the Yankees CBA on a Bronx community board have not been reappointed, as the New York Times reported yesterday. Lobbyist (and Forest City Ratner supporter) Richard Lipsky observed:
The community boards are representative of nothing but the elected officials who appoint them and, as the furor over Board 4 in the Bronx demonstrates, if they go off the political reservation they are quickly shown the door.

As the New York Times reported last week, there's increasing dismay in New York about CBAs, with "signs that Mayor Michael R. Bloomberg's administration is rethinking its position" about them and Council Member Melinda Katz, chair of the City Council's land use committee, "saying that New York 'can probably learn a lot from other jurisdictions.'"

Redefining Economic Development

One plank in the action plan distributed at the BBEC called for support of efforts by RED New York (Redefining Economic Development New York, which "has begun to draft a set of principles to which a publicly supported development project should comply." The BBEC, said the action plan, should seek to ensure that:
--New York's poor and working poor have support and the first opportunity at available jobs
--housing units for low and moderate income families and individuals are included in all publicly assisted housing development projects
--contracting and procurement opportunities are made available to minority- and women-owned businesses
--job prequisites are limited to only those requirements that are necessary for success in the job
--environmental burdens on the poor and communities of color are mitigated and environmental benefits are equitably distributed regardless of race and class.


Those goals are part of a larger discussion being held by several groups, with the goal a blueprint "for future progressive economic development campaigns in New York City."

Earlier this year, in a Gotham Gazette article about RED's fledgling efforts, Mark Winston Griffith cited Michelle de la Uz of the Fifth Avenue Committee, who criticized the deals made with Forest City Ratner on the Atlantic Yards project:
What de la Uz envisions is a set of standards for job creation, environmental impact, buy-in from the surrounding area, etc. that the city or a private developer could be held to whenever they planned to use public resources. In her opinion such a standard would have set a much higher bar for Ratner to clear before he was able to pursue the Nets Arena project.

In other words, this discussion, while valuable, may be a little late. Forest City Ratner can call the Atlantic Yards CBA historic, but there's increasing evidence that it's not a model.

Novelist Lethem to Gehry: "Walk away"

In an open letter headlined Brooklyn's Trojan Horse, published yesterday on Slate.com, Brooklyn-based novelist Jonathan Lethem, a member of the Develop Don't Destroy Brooklyn advisory board (which should've been mentioned in his bio), suggests that it's time for architect Frank Gehry to abandon the Atlantic Yards project.

The reasons:
--the project's oversize scale
--"your partner's manipulative dishonesty"
--"Ratner's abhorrent track record"
--"the divisive zero-sum politics"
--"the principle of eminent domain"
--blocking the Williamsburgh Savings Bank tower
--that not-so-comely Miss Brooklyn tower.

He quotes Gehry's words in a January presentation:
"If I think it got out of whack with my own principles, I'd walk away." I can only hope that what was once perhaps just a seed has grown. For I'm positive that is exactly what you should do, Mr. Gehry. Walk away.

It's notable that, two-and-a-half years after the project was announced, it took a name novelist to get a piece in a national publication. The project has been long overdue for scrutiny and, even though some on the Slate.com message boards say that the issue is too local, it's not. It's a development debate with national implications.

Gehry recently told the Times of his relationships with developers, "They have to meet me as an equal." Given that Gehry's professed a willingness to meet with Brooklynites but has not been allowed to do so, and that his predictions of significant cuts in scale have not been realized, the jury's still out on Gehry's claim.

Monday, June 19, 2006

BUILD claims MAS meeting was "trying to stop" jobs, housing, and opportunities

It turns out the strongest spin on last Thursday's Municipal Arts Society forum came not from any of the groups critical of the Atlantic Yards project but BUILD, fervent supporters of the project.

The notably highminded session on design principles for the project was marked by some pre-meeting skirmishing among community groups critical of or opposed to the plan, and even by some press releases issued before the session began.

And, as Neil de Mause observed in the Village Voice's Power Plays blog: [MAS president] Kent Barwick insisted he didn't want to make simplistic headlines, he made them nonetheless with the declaration that "the [Ratner] plan in its current state would not work."

BUILD misreads meeting

Then there is BUILD. The organization, which has vigorously advocated for the Atlantic Yards plan at various public meetings, gets free office space from Forest City Ratner, and receives significant funding from the developer (though representatives at first denied they got such money).

BUILD sent a message to supporters that was not merely simplistic but thoroughly distorted the purpose of the meeting. "Come out to support affordable housing, jobs and business opportunities for our community," the flier said. There was no mention of the Municipal Arts Society.

The flier went on to list the groups and political figures sponsoring the MAS session--groups that actually were careful not to endorse the MAS's conclusions--and declared that they are "trying to STOP Jobs, Affordable Housing And The NETS Arena and Opportunities from coming to our community. Over Fifty (50%) percent of Black Men in OUR Community are unemployed."

"Please come out and support the nets Arena and The Atlantic Yards Project," it continued. There was no reference to the MAS's attempt to assess design guidelines for the project.

While some BUILD officers and representatives of affiliate groups were at the meeting, no large contingent was obvious.

BUILD and unemployment

Recently, city Council Member David Yassky asked for $3 million from the City Council to fund BUILD, under the weak explanation, from spokesman Evan Thies, that “There is an eight-and-half percent unemployment rate in [the area] and that is not going to go down unless there is more access to job-training programs.”

There's obviously a need for jobs and training for black men in Brooklyn--and other Brooklynites as well. Should public funding for the privately-negotiated Community Benefits Agreement--and a signatory with no previous record in job training--be the priority?

Also, the source of BUILD's unemployment figures--and the definition of the community boundary--is unclear. A BUILD press release states that "[t]here is a 78% unemployment rate in the Fort Greene housing project and a 66% unemployment rate within the Farragut housing project."

As for black unemployment in the city, the New York Times reported last year on a study that said 60.7 percent of working-age black men in the city had jobs. That does not, however, mean that 39.3 percent are unemployed, because the study didn't count those who "neither sought nor wanted a job, such as students, stay-at-home fathers, early retirees, and the disabled, among others."

Equally unclear is how much of a dent the project could make. The Community Benefits Agreement, as the New York Observer reported last December, does set aside some construction jobs for minorities:
The agreement sets a goal of employing 35 percent minorities—a reasonable and achievable threshold which Forest City has met on its other projects. In other words, 525 jobs—not reserved for public-housing residents, or even residents of Crown Heights and Bed-Stuy, but for minorities from all over the metropolitan region.

But any jobs and benefits also should be seen in the context of direct subsidies and public costs that would be well over $1 billion. It's all part of a larger debate that goes beyond assertions that the MAS session was about stopping jobs and affordable housing.

Friday, June 16, 2006

MAS says FCR's current plan "won't work;" panel, crowd pile on criticism

In a way, the message was clear, wrapped up in a brochure deftly mixing text and graphics. “Can it work for Brooklyn?” asked the influential Municipal Art Society (MAS), a longstanding advocate for good urban design and sensible development.

The brochure offered a startling analogy: the 17 buildings in the Atlantic Yards project would be the equivalent of more than 23 Williamsburgh Savings Banks. The bank may be the tallest building in Brooklyn, at 512 feet (the proposed Miss Brooklyn would be 620 feet), but it’s tapered, not bulky.

On the other side of the brochure, the answer:
Forest City Ratner’s current plan won’t work for Brooklyn.

The reasons: And while the Atlantic Yards site is right for development, the Forest City Ratner plan threatens Brooklyn’s special qualities. It would overwhelm surrounding neighborhoods with enormous towers. It would eliminate streets to create deadening superblocks that don’t work anywhere in New York City. It would create a private-feeling enclave of a park on what is now public land. And it would add 40,000 new vehicular trips every day with no plan to avoid gridlock.

But the brochure, and the elaboration by two MAS experts, wasn’t enough for many among the 400-plus people packing the room last night at the Hanson Place United Methodist Church in Fort Greene. During the meeting, which lasted nearly three hours, they expressed greater criticism of the project’s density, the role of an arena in demapping streets, and a planning process that excluded them.

And it wasn’t enough for the panel of four respondents. Ron Shiffman, co-founder and until recently head of the Clinton Hill-based Pratt Institute Center for Community and Environmental Development (PICCED; now the Pratt Center for Community Development), was first off the blocks. After praising the principles articulated by MAS, he added, “What concerns me is what they didn’t say. Good planning and good design… cannot be divorced from good public process.”

Though some questions from the public strayed into speeches, the session featured more detailed discourse than previous large public meetings, and not the anticipated “hornet’s nest” created by a confluence of Develop Don’t Destroy Brooklyn (DDDB) supporters and union carpenters. Despite some cheers and catcalls, the crowd was mostly low-key, and no large union contingent showed up.

[The Times covered the session, in an article today on B4 (sans graphics) headlined Group Calls for Major Changes in Atlantic Yards Plan. It included the MAS principles, Ratner's response, and some of the community skirmishing--but not the panel's forceful take. The New York Post, in an article I initially missed headlined Slap at Ratner, ran a three-paragraph story that said that the MAS said "the developer should reduce its size and figure out a way to control traffic in the neighborhood." Imagine: in a city the size of Brooklyn with its own newspaper, last night's meeting would have been on the front of the Metro section, at least.
The Brooklyn Papers' online coverage cited the audible gasp when the crowd was told that the project would be the "equivalent of “three Empire State Buildings, 23 Williamsburgh Savings Bank buildings, or 2,200 brownstones — which is roughly the entire population of Prospect Heights.” In the Village Voice's Power Plays blog, Neil de Mause offered a good summary.]

Ratner's response

Jim Stuckey, President of Forest City Ratner's Atlantic Yards Development Group, was on hand for the pre-meeting press conference, sitting with arms crossed and a serious expression. After the formal briefing, reporters gathered around Stuckey, and he appeared unruffled. He said that the developer was moving toward meeting some of the MAS’s concerns and declared others not worth the tradeoffs they would entail. He assured questioners that the project would avoid big box retail and thus create lively streets, promised a major effort to cope with traffic, and asserted that “keeping streets to nowhere” would stymie the developer’s plans to manage more wastewater than is currently dumped from the area to the Gowanus Canal.

As for the scale of the project—the elephant next door--he said, “I think [MAS president] Kent Barwick said it correctly: There is no magic number here.” He added, "We're sitting here doing this incredible analysis of a project that hasn't even started a public review process yet." Then again, the project was announced in December 2003.

"This report, admittedly by them, didn't look at the economics of the project," Stuckey continued. "It's a nice thing to say that 'we're going to come up with five design principles,' but ignore the fact that there's a billion of costs in infrastructure and land acquisition." Whether that justifies the scale remains a mystery, however, since the company hasn't released its fiscal projections.

"It's a very nice thing to say that we're looking at design principles but also not take into consideration that we're trying desperately to address the affordable housing crisis in New York City right now, which I think is admirable about our plan," he said. However pious the statement--Forest City Ratner has used the affordable housing component to justify a density far greater than other major projects in the city--it was delivered in a church next to the Williamsburgh Savings Bank (right), currently under conversion into luxury condominiums exclusively.

Pre-meeting tension

Some tension over the session surfaced days before, as DDDB emailed volunteers urging them to bring signs and questions (and "be respectful") to MAS’s presentation of a “plan” calling for a development only 20 percent smaller than Forest City Ratner's current outline, and even suggesting that a donation from the developer, and the presence of board member who's invested in the Nets, might have tainted the analysis. (The MAS's Vanessa Gruen told the Observer the support had no effect.) MAS, however, had not planned to raise the issue of density last night, without more input from the community and a better analysis of the project's economics.

“We do not have a plan,” said Barwick emphatically at the press briefing. The distinction was partly semantic; MAS had done a “zoning analysis” that produced a figure over 6.5 million square feet, a good deal less of a scaleback than the one-third cut proposed by Assembly Member Jim Brennan.

Barwick yesterday wouldn't be pinned down on the appropriate number of apartments or square footage. “The arithmetic matters less than the impact,” he said. “I don’t think there’s any scientific way to get to a number.” As for the Brennan bill, “We don’t know the real-life fiscal implications faced by the developer,” he said.

“In our view, if Brooklyn wants an arena, this is a good place to have an arena,” he said, citing the nearby transportation hub. But how assess what Brooklyn wants? “That’s the trouble with having no public process,” he allowed.

At the press briefing, Barwick said, “Forest City Ratner has been terrific in sharing their plans, models, and professional assistance.” At the same time, he criticized the process. “Whether Atlantic Yards turns out to be great project or a flawed project, no local official will ever get a vote. That’s just wrong,” he said, calling for a system that “involves rather than alienates citizens.”

He suggested that it was the fault of neither the community nor the developer, though it's certainly in Forest City Ratner's interest for the project to be managed by the state Empire State Development Corporation--a process to which the mayor agreed.

Elaborating the principles

Stuart Pertz, an architect who serves on the MAS Planning Committee and was formerly on the city Planning Commission, elaborated on the principles:
1) Respect the existing neighborhoods
2) Don’t eliminate streets
3) Create a real public park
4) Promote lively streets
5) Don’t choke the streets
(At right, a view of the Williamsburgh Savings Bank from Flatbush Avenue in Park Slope.)

He cited the scale of Brooklyn’s neighborhoods, the importance of public parks that face streets, and the problem if a development presents “an extreme difference in scale” with neighboring streets.

While the Atlantic Yards plan would eliminate streets, he noted that both the Rockefeller Center and Tudor City plans in Manhattan added streets to ensure the flow of pedestrians, and Stuyvesant Town, which demapped streets, created park space pleasant for residents but cut off from the city.

As for Forest City Ratner’s MetroTech, “I know it well because I was part of the process,” said Pertz with a tinge of regret. When the project was conceived in the late 1980s, firms from Manhattan considered Brooklyn a dangerous and foreign land, and both the developer and partner Polytechnic University exerted great pressure to close the streets—against the recommendation of Pertz, an architect on the project.

Applying the principles

The community-developed Unity Plan, as well as the Pacific Plan by local architect Doug Hamilton both provided guidance for MAS. Urban planner John West proceeded to apply the MAS principles to Forest City Ratner’s current plan. One suggestion: don’t block the clock of the Williamsburgh Savings Bank, which could be achieved if buildings were further set back from the street, the arena moved east of Fifth Avenue, and one of the towers eliminated. (At right, a rendering by Gehry partners shows Miss Brooklyn blocking the clock, in a view from Flatbush Avenue and Prospect Place--not St. Marks Avenue.)

Also, in the principle about promoting lively streets, the prime example in the brochure was the blank wall of the P.C. Richard store at Site 5, the corner of Flatbush, Fourth, and Atlantic Avenues, part of Forest City Ratner's Shops at Atlantic Center.

Another suggestion: reuse existing buildings like the Ward Bakery (right), which has been suggested as a historic resource. (The unstated implication: if no tower or a smaller tower were built there, the project density could decline.)

He also suggested a graduated hierarchy for the size of buildings, in some contrast to the current plan: taller along wide Atlantic Avenue; intermediate heights along Pacific Street; and lower on Dean Street, opposite low-rise blocks.

Even though MAS recommends against demapping streets, even if the arena were moved east of Fifth Avenue, it would require the demapping of Pacific Street between Fifth and Sixth avenues. Perhaps, West said, it could be countered by adding streets, pointing to extensions of the street grid from Fort Greene.

Moving the arena would also require the elimination of one planned tower. “The developer has looked at this,” West said. “They say it doesn’t work, but we hope they can try a bit harder.”

West had harsh words for the planned open space, saying much of it came from demapped streets and other portions would be directly adjacent to Atlantic Yards buildings and approached as privatized space. “An alternative way of thinking,” he said, would to have parks delineated by streets and distinctly mapped. Pertz pointed out that, given that open space would not be due for a decade, were parks distinct pieces of real estate, they could be built separately.

West said that, regarding plans for retail around the arena, “the developer is trying hard to make this work.” He was less optimistic about placing stores in the base of residential buildings that are situated off the street grid. “It’s a little difficult to understand how they would be successful stores.”

Principles--or arena?

In the Q&A session, Daniel Goldstein, spokesman for DDDB, challenged the analysis. “You have very nice principles, but you violate all of them with the arena,” he asserted. “Are your principles more important than the arena?… If you say the arena is more important, then you're saying, 'Yes, it’s Ratner’s framework we’re working with,' not the community's and not the Municipal Art Society's.” His question drew sharp applause.

“It’s a very difficult question to answer,” allowed Pertz, who said alternatives could involve an arena on the site of the Atlantic Center Mall or in Coney Island, or no arena at all. He acknowledged that the arena did close streets and otherwise ran afoul of the principles, but said that there had been "enormous" sentiment in favor of having an arena. Pertz allowed that his personal opinion might be more critical than his presentation, but said, “I am representing MAS. We have certainly heard you. There will be a lot of conversations.”

Beyond the principles

Larger issues were raised in the panel discussion. If the issue of eminent domain isn’t discussed, declared Shiffman, a former member of the Planning Commission, “you lose the insight of what those buildings [in the footprint] could and would become,” citing the conversion of manufacturing buildings to housing. “They were step by step regenerating this neighborhood.”

“I like the idea of bringing back a major league franchise,” allowed Shiffman, who’s old enough to remember the Dodgers. “I also believe that maybe downtown Brooklyn was a good place to locate an arena.”

However, he took aim at the argument that Atlantic Avenue transit hub could support an arena. The facility is already crowded, he said, adding, “I’m not sure we have the capacity” for arena crowds; he contrasted it to the more spacious underground layout of Penn Station around Madison Square Garden. Shiffman said density is important, as was affordable housing--a principle that should be kept under all plans--but expressed doubt that “probably one of the densest developments in the world can really be done properly.”

“We have some great architects,” he said, in a nod to architect Frank Gehry and landscape architect Laurie Olin, “but they are some lousy planners.” Shiffman, who has a long association with grassroots groups, including ACORN—one of the prime community proponents of Forest City Ratner’s plan—has recently joined the advisory board of DDDB.

Shiffman pointed out that the use of eminent domain would serve as a signal for the process in Manhattanville, where Columbia University seeks to expand its campus. “Eminent domain is an important tool when it meets a public purpose,” he said, but not when it does not address a public purpose and is used to transfer property from one private owner to another private owner. "Now we need to stand up and speak out against it.”

Framing the discussion

Marshall Brown, architect of the UNITY plan and now an architecture professor at the University of Cincinnati's College of Design, Architecture, Art, & Planning, criticized MAS’s approach, saying “the major part of the discussion has been framed by the developer.”

Rather, he said, the discussion should be shifted, and elevated. “It’s not really about an arena,” he declared. “It’s about one developer getting a foothold on the best site in the cultural core of Downtown Brooklyn.” (Actually, it’s Prospect Heights.)

As for the goal of “respecting the existing neighborhoods,” Brown declared, “it’s setting the bar a little low. We’re sitting on a gold mine… It should not just respect the surrounding community but enhance the community.”

Andy Wiley-Schwartz, a VP at the Project for Public Spaces and a Brooklyn resident, praised MAS, saying “It’s very easy for us to be marginalized because we live around the site.” He noted that good design could make people choose not to drive. “I think we need to plan this whole area to create a great destination.”

Lance Brown, a professor of architecture at CUNY, suggested that the Atlantic Yards plan is part of a national phenomenon. “All across the country, every city is rebuilding its railyards,” though in most cases the yards are next to industrial areas rather than thriving neighborhoods. “There’s a need to sit down and rethink what the community wants to happen,” he said.

Neighborhood response

The meeting was sponsored by New York State Senator Velmanette Montgomery, State Assembly Members Joan Millman and Brennan, and City Council Member Letitia James, and the Atlantic Avenue Betterment Association, the Boerum Hill Association, the Brooklyn Heights Association, the Fort Greene Association (FGA), the Society for Clinton Hill, the Park Slope Civic Council and the Prospect Heights Neighborhood Development Council (PHNDC). Both James and Montgomery addressed the crowd. The sponsors took pains to point out that they were not endorsing the MAS presentation.

Before the session, DDDB handed out a press release criticizing MAS for not using “the community’s guidelines for development over the rail yards,” endorsed by 22 community groups and three of the four elected officials representing the area including the project footprint.

The FGA issued a press release pointing out that “design alone cannot present a comprehensive solution to the fundamental problems of the proposed development,” citing the use of eminent domain, excess density, and issues of traffic, shadows, and community facilities.

By contrast, the PHNDC handed out a more moderate statement, acknowledging that design issues are just one element in assessing the project, but suggesting—in a bit of a stretch—that the MAS’s advice was presented “while maintaining the economics and site programming sought by the developer, thus demonstrating that community-friendly design is not incompatible with their stated objectives.”

More from the audience

Martin Goldstein, a Fort Greene resident, even offered criticism from the perspective of his neighborhood, saying that concerns raised about blocking were “Park Slope-centric.” He cited the Atlantic Center mall, with its blank walls on Hanson Place and South Elliott Place; “everyone believes it’s a terrible mistake.” Pertz said that “next time” such concerns would get more of a hearing.

While the moderator, Leonard Lopate of WNYC radio, urged the audience to stay on the topic of design and keep the questions short, some among the long line of people waiting at the microphone didn’t comply. Alan Rosner brought up the issues of global warming and terrorism, saying that the planned towers would block access to solar technology. “We understand they are significant issues,” responded Pertz, “but answers we don’t have.”

A member of the group REBUILD, which is involved in transitioning ex-prisoners to the community, lamented that "Mexicans" were working on local construction projects and said that any project in the community should hire people from the community.

While the comment was off-topic, Brown answered that any project should indeed do so. The commenter was one of relatively few black attendees at the forum; at previous public meetings, the community groups ACORN and BUILD, both signatories of the controversial Community Benefits Agreement, had brought large contingents of people of color.

Also in the audience were about two dozen people in hardhats and orange reflector vests; they were members of People for Political and Economic Empowerment, a Fort Greene group that has been a supporter of BUILD.

Rallying the troops

At times, the meeting had the flavor of a rally. “Forest City Enterprises [parent company of Forest City Ratner] cannot build this without my home and the home of my neighbors, and I’m not giving it to them,” declared DDDB‘s Goldstein, the last remaining resident of a condo building that would be near the arena's center court. “Even better than that, Jim Stuckey called my lawyer and begged me not to be an eminent domain plaintiff.” (Stuckey doesn't seem like the begging type, and Goldstein allowed afterward that he’d used a bit of dramatic license in describing the effort to acquire his apartment.) He added: "They're concerned about an eminent domain lawsuit, because they will lose that lawsuit."

Several speakers urged audience members to get involved in the Council of Brooklyn Neighborhoods, which will coordinate responses to the Draft Environmental Impact Statement, which is expected next month.

Some expressed optimism that the momentum from the meeting could lead to a more open review for the project. More certain is Barwick’s description of the project: “a major fork in the road for Brooklyn.” Expect congestion ahead.

Thursday, June 15, 2006

The Times follows up: another violation issued for Pacific Street demolition

In an article published today headlined Developer of Atlantic Yards Is Cited for Failing to Stop Demolition Work, the New York Times advances the story first broken on this blog, reporting that the Department of Buildings issued a violation yesterday to Forest City Ratner because it failed to stop demolition work at 622 Pacific Street. Contractors for the developers, though they resolved issues that led to earlier violations, did not first get the required reinspection.

Was the backhoe used?

Still at issue is whether the contractors used a backhoe, against regulations and in contradiction of a promise (to use "primarily" hand tools) made by FCR to the Empire State Development Corporation (ESDC). The Times article states:
Contractors began tearing down the vacant Pacific Street buildings with hand tools — as required by the Buildings Department — on May 30. A backhoe was brought to the site on June 7 to help clear debris and level the ground, company officials said.

However, as reported, residents Leigh Anderson and David Gochfeld said that the backhoe was used to knock down walls of the buildings. The Times observes that photographic evidence "appeared to show the backhoe pulling down first-story sections of the buildings' exterior walls," but quotes a Buildings Department spokeswoman as saying that department inspectors did not see illegal use of the backhoe. (The Times adds that Anderson is not just involved with Develop Don't Destroy Brooklyn, she was a plaintiff in the recent lawsuit aimed at blocking demolitions of five properties, including 620 Pacific Street.)

But a lawyer for FCR left the issue open, saying they were "looking into whether contractors had disregarded instructions not to use the backhoe to demolish walls. If that was done, he said, the company would 'take appropriate action.'"

More to report

There's more to the story: the ESDC's delay in informing tenant lawyer George Locker of plans to demolish the building until after the demolition; the alleged starting time of 6:15 a.m. on June 7, 45 minutes before the law allows; the apparent failure of Forest City Ratner to inform its tenants of the planned demolition; and Forest City Ratner's initial combative response to attorney Locker's charges that the contractors said they didn't know that 624 Pacific was occupied.

On the other hand, the Times is the only news outlet to have followed up on the story so far. It's another reminder that Brooklyn offers significant stories that get ignored by the Manhattan-centric media. As Brooklyn College journalism professor (and former New York Newsday Brooklyn Bureau chief) Paul Moses writes in a column about Brooklyn and the media, "Nowhere in the country do so many people get so little local coverage."

The Times article credits me: Norman Oder, the author of a blog devoted to the Atlantic Yards, posted some of the pictures on Tuesday, along with a report on the demolition. The Times article didn't include any of the pictures. (Photo taken June 7, copyright David Gochfeld)

I appreciate the credit, though, as a close reader, I'll point out that the credit could lead to the impression that the pictures were the main element of my article, rather than an extensive report with details yet unreported elsewhere. Still, I've apparently been upgraded by the Times from a blog proprietor to an author, so maybe that's progress.

Wednesday, June 14, 2006

After Pacific Street demolition continues, criminal complaint to be filed

Did contractors for Forest City Ratner know that people were living in 624 Pacific Street, the building adjacent to 622 Pacific, where the demolition began rudely at 6:15 a.m. on January 7? The developer says yes; the tenants say no.

Now that George Locker, an attorney for the tenants, has acquired a copy of the Structural Due Diligence Survey conducted for FCR by LZA Technology, he believes the document adds another layer to the eyewitness report. The document, completed 10/24/05, states: Adjacent properties include non-inhabited residential buildings.

In a letter sent yesterday to Charles Gargano, chairman of the Empire State Development Corporation (ESDC), Locker charged that Forest City Ratner continued a mechanical demolition on Monday, despite a stop-work order issued that day, given that there was no permit for using a backhoe to demolish the building. He said his clients will seek to file a criminal complaint. (Photo taken June 7, copyright David Gochfeld)

Demolition by hand?

He also argued that FCR "violated its explicit representation to ESDC's own engineers, of a demolition by hand tools." Actually, the ESDC’s Declaration of Emergency dated 4/12/06 said: FCRC has stated that it will remove walls that abut the adjacent apartment building primarily with hand tools. (Emphasis added)

Though ordinarily demolition is as of right for an owner, given that the property, within the proposed Atlantic Yards footprint, is part of a project going through state environmental review, the agency had to approve the demolition.

Locker also pointed out that, only after the demolition commenced did he get a response to his 2/20/06 Freedom of Information Law request and 4/21/06 appeal of that request, in which he sought documents relating to the pending demolition of 622 Pacific Street.

He wrote: ESDC is a public agency and not a division of FCR. This kind of subterfuge on behalf of a developer/landlord, to advance the use of eminent domain, is highly improper. He asked for the "integrity officer" at ESDC to investigate and, if no such position exists, for one to be appointed.

Times article on CBA flaws: some dismay but few specifics re Atlantic Yards deal

A New York Times article today, headlined In Major Projects, Agreeing Not to Disagree, takes on the issue of Community Benefits Agreements (CBAs). Though some dismay is expressed concerning the CBA negotiated around the Atlantic Yards project, major criticisms--that the signatories don't represent the community and that they've been funded by developer Forest City Ratner--are either muted or unmentioned.

In other words, the Times missed an opportunity to say--or have a critic say--the obvious: the Atlantic Yards CBA is illegitimate compared to those model CBAs negotiated in Los Angeles because the coalition is far smaller, the signatories would not have otherwise opposed the project, and some signatories have accepted payments from the developer.

The article, which combines some mentions of CBAs nationally with an emphasis on New York, appears on the commercial real estate page rather than the Metro section, which should have covered the Atlantic Yards issue in detail already. It begins with a Brooklyn example:
To blunt opposition to its proposed Atlantic Yards project in Brooklyn, Forest City Ratner promised to make half of the rental units affordable for low- and moderate-income families.

While that was the promise in the housing agreement FCR signed in May 2005 with the community group ACORN and ratified a month later in the CBA, the original promise--aimed to blunt opposition--was for all of the housing units, not merely the rental ones.

The Times article notes that CBAs are becoming more common, ever since the Staples Center CBA was negotiated in 2001 in Los Angeles, but there are some differences:
In New York, in contrast with many other jurisdictions, the city itself is not a party to these agreements. Theoretically, at least, the pacts are not supposed to play a role in the city's zoning review process.

Signatories unrepresentative

And there's a problem, since critics wonder that CBAs distort the planning process, since favors are may be unrelated to the project's impact:
Critics of the Atlantic Yards (whose developer is a partner to The New York Times Company in its new headquarters building on Eighth Avenue) and other agreements have questioned whether the groups signing the document really speak for the community. "Groups pop up and you're not sure who they represent," said Patricia A. Jones, the co-chairwoman of the Manhattan Community Board 9 task force on Columbia University's expansion in Manhattanville. Ms. Jones contends that development plans ought to be reviewed by community boards, which are currently excluded from the C.B.A. process, before the benefits are meted out. "They can look at the bigger picture," she said.

Jones (who doesn't live in Brooklyn) is hardly a critic of the Atlantic Yards project and, while she may be a critic of the CBA concept, the Times could have cited ample criticism raised recently by both opponents of the Atlantic Yards project and even more neutral local officials. For example, the chairpersons of the three affected community boards in Brooklyn last month asked Forest City Ratner to stop claiming that the boards participated in "crafting" the CBA. That claim has appeared in several pieces of FCR promotional literature, including a brochure that emphasized the CBA with a seal.

Another difference:
Outside New York, benefit agreements are usually incorporated into the developer's agreement with the city, adding another layer of enforcement.

Mayor rethinking

The Times reports:
There are signs that Mayor Michael R. Bloomberg's administration is rethinking its position on community benefits agreements. A year ago, it was the mayor himself who trumpeted the Atlantic Yards agreement between Forest City Ratner and eight community groups.
But in April, the mayor reacted angrily to the suggestion that the Mets would negotiate a C.B.A. for its new ballpark. "Every development project in this city is not going to be a horn of plenty for everybody else that wants to grab something," the mayor said. And while the Mets agreed after heated discussions with council members from Queens to contribute $50 million over 20 years to local community groups, no C.B.A. was signed.


The mayor's office wouldn't answer the newspaper's questions, but the Times pointed to a 1988 report in which the New York City Bar Association suggested that promises to local groups corrupted the land use approval process, and said amenities promised had to have a reasonable relationship to the project.

Would that affect the Atlantic Yards CBA? Well, one example given in the Times was that the Giuliani administration stopped a developer from providing a park in response to community criticism of a shopping center in East Harlem, saying the benefit wasn't related to the project. So are promises of Nets tickets to community groups, part of the CBA, related to a construction project in Prospect Heights?

The problem with payments

The Times dances around the issue of how community groups benefit:
But the current administration has taken a more hands-off approach, [attorney Jesse] Masyr said. "I'll tell you what I think is the most dicey part of this: there's cash involved, money payments to be made. Who monitors it?" he said. "This is about as unregulated a world as you could imagine."
In California, leaders of the community benefits movement that are party to an agreement never accept money from the developer, said Madeline Janis-Aparicio, the executive director of the Los Angeles Alliance for a New Economy, a nonprofit research group. "No donations of any kind," she said. She also said it took six months to a year to pull together a coalition before negotiations could begin. "You can't skip steps," she said.


Yes, the Times article is an overview, and touches on the important issues, but that would've been the appropriate place to mention some of the following: how payments to the Atlantic Yards CBA signatories--such as $350,000 to Freddie Hamilton's DBEC--depart from the model in Los Angeles, how City Council Member David Yassky has requested $3 million to fund CBA signatory BUILD, and how Forest City Ratner refuses to specify how much it has given CBA signatories.

And in Brooklyn, the CBA negotiations began just after the Atlantic Yards project was announced, not six months later. Notably the negotiations involved a new group, BUILD, which already favored the plan, rather than a coalition of established groups that would have ordinarily opposed it, as in the typical CBA template.

Modern blueprint?

Maybe this all should've appeared first in the Times's Metro section, but it hasn't. What if that Times Metro section article last October that revealed payments to BUILD had mentioned that CBA signatories aren't supposed to take money from developers? Would the article have claimed that Forest City Ratner "is creating a new and finely detailed modern blueprint for how to nourish - and then harvest - public and community backing"?

The article today closes with Melinda R. Katz, chairwoman of the City Council's land use committee, saying that New York "can probably learn a lot from other jurisdictions." True, but there's a lot more the Times could've been telling us about the CBA in Brooklyn. And it's telling that Mayor Bloomberg is no longer stumping for this or any CBA.

Tuesday, June 13, 2006

A rude awakening: Violations issued for FCR's Pacific Street demolition

It’s not so sweet for rent-stabilized tenants living in the proposed Atlantic Yards footprint, despite a New York Times report about developer Forest City Ratner’s apparent generosity to condo owners. The developer has offered settlement terms a lawyer for several tenants dismisses as inadequate, and actions surrounding a demolition last week have led the lawyer to charge harassment and the Department of Buildings (DOB) to issue three violations.

Last Wednesday, Leigh Anderson, a tenant for eight years at 624 Pacific Street, was rudely awakened at 6:15 a.m. when contractors demolishing the adjacent 622 Pacific Street used a backhoe that sent vibrations through the wall of her building. "We thought the building was coming down," Anderson said, referring to herself and boyfriend David Gochfeld. "The building shook, and it felt like a wrecking ball was going through the side of the building." (Photo above right taken Wednesday, copyright David Gochfeld)

Gochfeld went outside to take pictures. "The demolition crew told him they had thought our building was vacant," Anderson said, and they crew further explained that the backhoe was delivered early, hence the early start. The DOB requires that work begin no earlier than 7 a.m., but has not yet issued a violation. DOB records show a complaint was made to 311 at 6:37 a.m. (Photo at right taken Wednesday, copyright David Gochfeld)

Anderson said that she and other residents of the building had not been informed that there would be demolition at the adjacent building, and their attorney, George Locker, said the Empire State Development Corporation (ESDC), which approved the demolition, failed to respond to his queries about demolition plans.

The DOB requires that a general contractor must provide a DOB borough office with proof of a five-day notification to owners of adjoining lots. In this case, it was Forest City Ratner's responsibility to notify itself--but not necessarily its tenants. Anderson said that, after Gochfeld returned, the couple started collecting valuables and sentimental items in case they had to make a quick exit and their building was declared uninhabitable.
(Photo above right taken last December by Norman Oder; 624 Pacific Street is in partial view at left, and 622 and 620 Pacific Street were demolished last week)

Violations issued

While DOB has closed or is still investigating some of the complaints filed, on Saturday, its Building Enforcement Safety Team (BEST) conducted an inspection and issued three violations, according to spokeswoman Jennifer Givner. The citations include: a defective fence; a failure to weatherproof the wall of the adjacent building (624 Pacific); and a failure to post DOT permits regarding the rubbish container on the street. The violations carry a penalty that ranges between $0 and $2500 each, imposed by an administrative judge after a hearing at the Environmental Control Board.
(Photo at right taken Thursday by Norman Oder)

Forest City Ratner's contractor apparently should not have been using a backhoe in the first place, though no violation has yet been issued. The DOB's Givner confirmed that no mechanical demolition permit had been approved for 622 Pacific Street. The ESDC’s Declaration of Emergency dated 4/12/06 said:
FCRC has stated that it will remove walls that abut the adjacent apartment building primarily with hand tools.

Locker has fired off a furious letter to Charles Gargano, chairman of the ESDC, calling the action—an apparent deviation from the plans to remove walls “primarily with hand tools”—“a desperate act of utter recklessness and a depraved indifference to law, safety, and common civic decency.” At right, workers use mechanical equipment to knock bricks loose from the remaining piece of wall at 622 Pacific.
(Photo taken Wednesday, copyright David Gochfeld)

The ESDC, which is supervising the Atlantic Yards project, had to approve the demolition as an emergency, as it did last December for five other properties within the Atlantic Yards footprint. While Forest City Ratner owns 624 Pacific, the tenants in the four apartments that remain occupied there are protected by rent stabilization laws. Locker, who represents those tenants and another 11 rent-stabilized tenants within the project footprint, calls the episode landlord “harassment.”

FCR's forceful response

Locker last Wednesday emailed Forest City Ratner to say that “FCR's conduct is reckless, outrageous and unlawful.” FCR attorney Jeffrey Braun responded that necessary permits had been received and the work had proceeded lawfully and properly. He continued combatively:
I find it very difficult to believe your assertion that “[w]orkers on the site report that they were advised that 624 was vacant.” The likelihood is that someone has misunderstood—or misrepresented—what a worker at the site said.
(Photo taken Wednesday, copyright David Gochfeld)

Braun called Locker’s assertion “completely mistaken and, indeed, preposterous,” and suggested that “future complaints about service issues” be directed to the managing agent.

Gochfeld, however, told me, "The foreman said to me: 'They told me that nobody lived there.'" He said that the workers knocked bricks onto the rear roof of 624 Pacific, in the process destroying the telephone junction box there. Four hours later, a repair worker from Verizon was able to fix it.

Locker cited this in his communication to Forest City Ratner, to which Braun responded with doubt though not denial:
As to the assertion in your second e-mail… that phone service has been cut off… we have been advised that Verizon personnel were at 624 Pacific Street yesterday, so it is questionable whether any disruption of service is the result of the demolition.

Gochfeld, however, said he had a form filled out by the Verizon technician that attributed the damage to construction work knocking bricks onto the equipment. Phone service at the building was out during most of the period from Wednesday to Monday, Anderson added. While it was initially fixed within four hours, it went out again. Both Verizon representatives said that it was directly due to the demolition, she said.

Locker, in his letter to the ESDC, noted that a subsequent email message to Braun from FCR's Jim Stuckey, President of the Atlantic Yards Development Group, was copied to him as well, apparently inadvertently:
Incredibly but tellingly, this cynical, callous and dismissive response to me from FCR’s outside counsel received Mr. Stuckey’s approval as a “good letter”.

ESDC’s role

Locker asked ESDC “to suspend all consideration” of the Atlantic Yards project until the incident could be investigated. He raised the issue of the agency's posture toward the developer, as lawyers for the ESDC and Forest City Ratner have described their working relationship as collaborative. Locker added, “ESDC should determine whether its own integrity with respect to [Atlantic Yards] has been compromised and whether the entire process has been tainted and made legally suspect.”
(Photo taken Thursday by Norman Oder)

Locker noted that, though he sent two letters of concern and filed a Freedom of Information Law request and subsequent appeal, ESDC did not provide him with its 4/11/06 memo approving the demolition. (I requested a copy of this public document and when I received it last week, asked Locker for his analysis of it.)
[Update afternoon of 6/13/06: Locker now says he did finally get the documents from ESDC on 6/12/06, five days after the demolition had begun. It was mailed on 6/9/06.]

“By keeping these documents hidden and the pending demolition of 622 Pacific Street a secret, ESDC’s relationship with FCR seems to have progressed from collaboration to collusion," Locker wrote.

While Gochfeld was unable to take pictures of workers using the backhoe directly on the wall adjoining 624 Pacific Street--he says the workers stopped when he appeared--he did take pictures of them using the backhoe to dismantle the wall at the second Forest City Ratner building, 620 Pacific Street, which adjoined the extant 618 Pacific Street. He said the latter wall came down intact, while the wall abutting 624 was harder to dislodge. (Photo taken Wednesday, copyright David Gochfeld)

ESDC conducts more review

The ESDC's 4/11/06 emergency declaration shows several parallels—but one significant difference—with the agency's 12/15/05 memo approving the demolitions of five other properties, a decision challenged but upheld in court. In this case, Forest City Ratner again provided as evidence a structural survey by LZA Technology about the condition of the building, and LZA made a presentation to the ESDC, recommending that the building be demolished, stating that it “poses an immediate threat to the preservation of life, health, and property.”

However, the ESDC seems to have added an extra layer of review, as if to show that the agency did not merely rely on the developer's submission. In the previous case, Rachel Shatz, the ESDC's director of Planning and Environmental Review, said in an affidavit that she and another agency planner had toured the general project site.

Regarding the demolition of 622 Pacific, however, ESDC sent a two-person team of its own, including a professional engineer, to inspect the building on 3/6/06, and they submitted a report nearly a month later, on 4/5/06, concurring that the building presented hazardous conditions and should be demolished. Citizens' groups challenging the previous round of demolitions had been rebuffed in their effort to send an independent engineer to look at the buildings.

Ordinarily such demolitions are as of right for the owner, but once the state process of environmental review has begun for an agency project, only demolitions judged emergencies are permitted.

The memo states:
The ESDC report states that demolition would not be difficult and would not affect the buildings on either side of the property. The ESDC Report notes that the Building does not share party walls with those buildings, that FCRC has stated that it will remove walls that abut the adjacent apartment building primarily with hand tools, and that FCRC will monitor for any movement in the apartment building walls during the demolition process. Although LZA Technology does not expect the apartment building’s walls to be compromised, berms will be constructed to act as braces for those walls.(Emphasis added)

Also, the sequence again raises questions about the use of the terms “immediate” and “emergency” in the demolition process. The first declaration that the building posed an “immediate” threat was made more than seven months before the building was demolished—and no warning signs were posted outside it. And it took two months after the ESDC’s approval for FCR to get appropriate permits and organize the demolition.

Battles over lease

The harassment charged by Locker should be seen in the context of Forest City Ratner’s interest in getting the tenants to leave the building--located within the path of the planned arena--to make way for the project. After the residents of 624 Pacific rejected Forest City Ratner’s terms, Locker said, the developer failed to promptly register the building with the NYC Department of Housing Preservation and Development (HPD) and register the rent-stabilized tenants with the NYS Division of Housing and Community Renewal (DHCR), as required.

Also, FCR “has regularly failed to return copies of signed renewal leases to my clients,” he said, adding that some clients have with leases that will expire in late 2008, "well beyond FCR’s publicly announced deadline for completion of the arena."

Rent regulations, Locker pointed out, don’t just limit rent increase, they also require the landlord to renew a tenant’s lease. Given that current version of rent stabilization laws post-date the creation of the ESDC, Locker contends that they are a brake on the agency’s use of eminent domain.

He added, "The press has ignored this category of tenant, although renters in over one million rent-stabilized apartments throughout the five boroughs share the rights of these tenants in the Atlantic Yards footprint and have an important interest in maintaining these rights."

What FCR offered

The 4/10/06 Times article stated:
As the company purchased buildings, it also became a landlord to many renters. Mr. Stuckey said that they were offered the chance to move back into units of comparable rent and size in the completed Atlantic Yards project, if it is approved. The company also paid moving costs and broker's fees for those tenants and covered any increase in rent for transitional housing. For those who declined the offer to move to Atlantic Yards, Mr. Stuckey said, the company paid a lump sum, "representing some value of what they would have gained coming back."

Despite the use of the past tense, the developer has not come to terms with many renters. Locker says FCR was less generous than professed. He says the developer—which doubled the money of some condo owners--offered $30,000 for tenants to surrender their leases and leave their apartments immediately. “This is considerably less than what the law requires,” Locker contended, adding, “Further, it is far less than my client’s economic loss.”

Locker says he analyzed for FCR the lifetime economic value to a young tenant of a rent stabilized lease with a rent, for example, of $600 a month, given a market where a comparable apartment is at least $1750 a month. (That $30,000 would pay the difference for only 26 months of rent.)

He disagrees with Stuckey’s statement that FCR is offering tenants more than ESDC is required by law. Also, he added, the offer of comparable rent in the Atlantic Yards project is less generous than it sounds, because rent stabilization allows spouses or children of rent stabilized tenants to take over the leases. “Someone who lives in a rent-stabilized apartment with low rent has a legal right that’s even more valuable [than the displaced condo owners]: low rent and they don’t have to invest a half-million dollars to have it,” Locker said he told Stuckey.

Moreover, he said that the temporary relocation agreement offered some tenants does not fully protect them, since the developer would have no further obligation to them if the project is abandoned or delayed for five years. Anderson said she wants to stay in her home, not a development of high-rise towers, and doesn't expect the arena to be approved. She has become involved with Develop Don't Destroy Brooklyn.

Locker said he’s had no further discussions with FCR since the end of 2004. While he usually works on an hourly basis, Locker said that, in this case, he’s compensated only if his clients reach an agreement with FCR. “My level of compensation, which begins below customary percentages, depends on the amount of litigation that ultimately is required,” he added.

War of attrition

Yesterday, Locker faxed FCR attorney Braun a letter warning that he was sending complaints about the “reckless and illegal use of a backhoe to demolish 622 Pacific Street at 6:15 AM and to endanger my clients asleep next door at 624 Pacific Street… is being raised at the highest levels of City and State government. FCR’s approval of such primitive and criminal forms of tenant harassment will not go unchallenged.” (Photo taken Thursday by Norman Oder)

Yesterday Forest City Ratner contractors used construction fill to stabilize the basement of 622 Pacific, and the lot appears "completely filled and leveled," Gochfeld said. Meanwhile, Locker sees continued pressure on tenants. "While in theory FCR might, in the appropriate circumstances (that I believe do not exist with Atlantic Yards), seek the use of eminent domain and the condemnation of residential leases for tenants in buildings that it does not own, FCR as landlord cannot opt to have ESDC use eminent domain on FCR’s own rent-stabilized tenants," he said.

"Our attorney had asked FCR to ensure that our building would be protected when and if they demolished 622," Anderson said. "I feel pretty firmly that they did not ensure our safety when demolishing 622. I think they would like us to leave… and this is essentially a war of attrition."

Monday, June 12, 2006

Coney Island the place for an arena? Marty used to think so

Would Coney Island be a better place than the proposed Atlantic Yards site for a new basketball arena? Less than a year before Forest City Ratner's Atlantic Yards plan was unveiled, Brooklyn Borough President Marty Markowitz championed Coney Island as the location. City officials long have considered locating a Sportsplex for amateur and (later) professional sports there, first at the site of what is now Keyspan Park, and later next door at a parking lot in front of the somewhat antiquated Abe Stark Rink. (Graphic from the 1/31/04 Brooklyn Papers, p. 7 of the PDF.)

Of course, Markowitz now fervently backs Forest City Ratner's plan for a Brooklyn arena at Atlantic Yards. And a Sportsplex has been scrapped from the city's ever-evolving plans for Coney Island. But Coney Island still deserves consideration, especially given that a glitzy new development is planned just a few blocks away from the potential Sportsplex site.

On 6/9/06, Michael O'Keeffe of the Daily News's iTeam blog wrote that former Salt Lake City deputy mayor Brian Hatch, a regular analyst of New York City's sports facilities, is championing Coney. Hatch argues that the Coney Island location would reduce the density of the Atlantic Yards project, avoid a traffic bottleneck, and give a boost to long-neglected Coney, which has space, a welcoming community, and both good subway and highway connections.
(Photo of Abe Stark parking lot taken yesterday, with the famed Parachute Jump in the background)

Establishing a Coney Island arena wouldn't be simple--it would require, for example, the scrapping of Frank Gehry's singular effort to nest an arena within four towers. And who exactly would pay for what? On the other hand, Coney Island is much more of a tabula rasa than Prospect Heights, and, should political leaders back the switch, they'd find a much more welcoming community. Hatch argues, "Even if the Prospect Heights arena is approved, the developer faces a 'bleeder' where the surrounding neighborhood will fight it as long as it exists."

A stadium, an arena

Beyond Hatch's arguments, there's a good case for another sports facility in Coney Island. In a 7/13/05 article in The Architect's Newspaper, headlined Ten Better Places for a Football Stadium, Michael Sorkin, director of the Urban Design Program at City College of New York, took a look at the planned West Side Stadium and deemed ten locations superior, among them Coney Island.

Here's a chart laying out Sorkin's rationale.


The criteria used by Sorkin apply as well to the proposed Brooklyn Arena. The Atlantic Yards site, by my count, offers only three--or maybe 3.5--of Sorkin's nine criteria: subway, LIRR, and pedestrian access. There's no Amtrak or water access, no sports synergy, no direct highway to parking potential, --and, as at the West Side and Sunnyside Yards, there remains a need for site preparation.

You could argue that the crossroads of Flatbush and Atlantic avenues also offers bus access, but visitors to the arena are not expected to rely on buses. As for the issue of "neighborhood value added," I'd give that maybe a half point, since it's part of the "blight" argument. Yes, there may be some derelict buildings in the project footprint, but there also has been an significant wave of gentrification, as noted in the New York Times Real Estate section.

While a marquee architect like Frank Gehry, hired to develop the Atlantic Yards plan, might attract attention, the potential traffic snarls caused by the oversized development could make neighborhood life less pleasant. Development over the railyards is inevitable, with or without an arena. That's why another bidder, Extell, offered more money than Forest City Ratner to build housing over the rail yard, even after political leaders had backed Atlantic Yards.

Coney's potential

Coney Island lacks LIRR service, but offers many other opportunities, including a larger subway station, with more trains positioned at the terminus, plus sufficient potential for parking. Sorkin writes: The revival of Coney Island has been announced for years but proceeds at a snail’s pace. Some hopeful signs: Keyspan Park, a minor league baseball stadium, is enjoying great success; the city has just completed a massive renovation of the Stilwell Avenue subway station; and use of the beach is on the rise. Moreover, Coney Island is a virtual synonym for urban recreation and locating the Stadium adjacent to Keyspan Park, Astroland, and the beach would take it to the next level of attraction, luring other sports, entertainment, and related uses. The nearby Belt Parkway and ample opportunities for water transport round out a very pretty picture. And what more logical neighbor for Nathan’s!
(Keyspan Park photo from BrooklynCyclones.com)

Though Coney Island is farther from Manhattan than the Atlantic Yards site, a Coney Island location could be more attractive to those fans from New Jersey who likely would drive to the game anyhow. Forest City Ratner's consultant, economist Andrew Zimbalist, in his report on the estimated fiscal impact of the project, projected that "30 percent of New Jersey fans of the Nets will also attend games in Brooklyn."

FCR's package deal

Forest City Ratner has not confronted the question of decoupling the arena, or whether its previous arguments for the site location still hold. At a 5/4/04 City Council hearing, FCR's Jim Stuckey contrasted the Atlantic Yards site with two potential alternatives, the Brooklyn Navy Yard and Coney Island, and declared them inferior:
The Brooklyn Navy Yard could never result in the jobs that we would be able to create here, because you could not build the amount of office space that we are talking about building here.
And the Brooklyn Navy Yard would never permit us to build the amount of housing that we can build on this site, nor could Coney Island. It could not sustain it, it does not have the development ability and you could not attract the companies to go to those locations... As I mentioned before, this is a major mass transportation hub, there are 10 subway lines, and virtually every single, as I mentioned, Long Island Railroad Line comes through this site too.


But Stuckey was arguing for a previous iteration of the plan. Because Forest City Ratner packaged the arena with an office-and-housing complex (which now would be nearly all housing), it was presented as an all-or-nothing deal. The arena drew political support for the project as a whole, while the rest of the project--especially when there was an office component--served as an argument for the Prospect Heights site.

In a flier distributed to thousands of Brooklynites in 2004, the company suggested that the arena drove the location, not the provision of office space:
Forest City Ratner chose Atlantic Yards--and not Coney Island, the Brooklyn Navy Yard or Red Hook--because it is accessible by ten subways and the LIRR, and centrally located for both sports fans and Brooklynites who want to enjoy everything the project has to offer.

Unmentioned, of course, was the boost that the project might give to the adjacent Atlantic Terminal and Atlantic Center malls.

Forest City Ratner spokesman Joe DePlasco told O'Keeffe last week that, while the developer considered Coney Island, it "prefers its current location because it is accessible to 10 subway lines and the Long Island Rail Road." Coney Island has only four subway lines (D,F,N,Q), but that's deceptive; because it's a terminus, it has eight subway tracks. At the Atlantic Avenue/Pacific Street hub, there may be 10 subway lines, but there are only 10 subway tracks--plus, it should be acknowledged, some other stations within walking distance. But it's easier to load people on and off at a terminus. (Photo at right taken yesterday)

Looking at alternatives

The Prospect Heights location is most defensible for office space, and secondarily housing, while an arena might work in Coney, and DePlasco apparently wasn't pressed on whether the arena could be decoupled from the project, nor on the developer's plans to promote use of public transit to arena events.

Stuckey's right that neither the Navy Yard nor Coney Island could sustain the office development initially announced; the projected office towers at Atlantic Yards were to be adjacent to the transit hub. The Navy Yard lacks the subway access and Coney Island, while home to a giant subway station, lacks the rail access for Long Islanders. However, the number of projected office jobs has been cut drastically.

Housing at the Navy Yard? OK, it's hardly central (though Brooklyn's running out of space). But Coney Island? It would make a terrific place for new housing, and upscale housing at that, as Peter Reinharz writes, in the City Journal article cited near the end of this post. The difference between Coney Island and Prospect Heights is that the latter is more upscale while Coney has yet to "tip." However, luxury construction has begun down the road at Brighton Beach.

So Prospect Heights, given the transportation and the gentrification, might be a safer choice for housing, but Coney Island might be as good if not better for an arena. We never had a public discussion. Observes architect Jonathan Cohn, "We should be asking the bottom line real estate question: what's the 'highest and best use' for this land?"

Another consideration could be terrorism. Last October, Develop Don't Destroy Brooklyn commented to the Empire State Development Corporation that another arena site, notably Coney Island, would be safer than the proposed Atlantic Yards site.

The Sportsplex back story

The Sportsplex was under consideration for more than 15 years, on city-owned land once occupied by the legendary Steeplechase Park, next to the Parachute Jump. In 1986, the state Urban Development Corporation (now known as the Empire State Development Corporation) sponsored a study with the Pratt Center for Community and Environmental Development regarding the feasibility of a sports complex. (Imagine--the state let Pratt weigh in before a project was presented as ready. After the Atlantic Yards plan was presented, Pratt offered several cautions.)

The now-defunct Brooklyn Sportsplex Foundation was founded in 1987, with a compelling argument for a new facility. Even though Brooklyn has several colleges and universities, no athletic facility can accommodate over 2,000 people--this in a borough of 2.5 million people. Various studies established a plan for an arena for spectator events, and multiuse facilities for various sports. For basketball, would have seated 12,300 people--not quite major league. (Here's the Sportsplex's defunct web site, courtesy of the Internet Archive, and the page for the arena.)

A 4/17/91 article in Newsday (Sports Center Foes to Air Their Views) noted that the foundation had been considering Coney Island for the complex, but that Forest City Ratner and Rose Associates (then jointly developing land within Atlantic Terminal Urban Renewal Area) offered them land within the Atlantic Terminal Urban Renewal Area, or ATURA. The parties were seeking a $500,000 grant for a feasibility study to evaluate possible sites. A 5/13/91 article (headlined "Brooklyn sports arena draws local jeers") in Crain's New York Business noted that a 1986 study said a combined stadium/arena would work best in Coney Island, because there was more room to build, but that mass transit "downtown" would make an arena work there. (That would have to be reevaluated today in terms of traffic.)

Cyclones take precedence

Even though the city and state had set aside $67 million for the Sportsplex, the Steeplechase Park site instead was designated by Mayor Rudolph Giuliani in 1998 for the new Brooklyn Cyclones stadium.

Giuliani ignored some intriguing plans from Forest City Ratner. A 7/21/97 article in the Times (With Times Square Reborn, Attention Turns to Coney Island) noted Ratner's plan to build a 400,000 square foot entertainment and retail complex with electronic games and movie theaters. Ratner would build the Sportsplex too--not yet with a major league arena--as long as the city gave the land away. (Hatch writes that the current Atlantic Yards plan is Ratner's backup to an arena in Coney; I think it's better described as a successor plan.)

A 7/30/97 Times article (City's Budget Request Fall on Receptive Ears) reported a state budget agreement that granted $50 million to the Sportsplex after it had been rejected for two years. The plan "would pave the way for a private developer, Bruce C. Ratner, to proceed with plans for a new multiplex theater and virtual-reality amusement park."

Not everyone approved. In a Times op-ed 8/9/97, Steve Zeitlin, director of City Lore, wondered if such a complex would erase a raffish culture at Coney: "An amusement area... might build on those memories. A Sportsplex/retail/theater complex might well put them to rest." (Note that the Times published three op-eds on the Coney Island plan in one day. In some two-and-a-half years, the Times has published just one op-ed on the Atlantic Yards plan.)

The Daily News on 11/12/98 (BOROUGH BIGS NEARLY WHIFF ON RUDY'S BALLPARK CURVES) reported that developer Bruce Ratner had "talked with Brooklyn Sports Foundation officials about building the Sportsplex at cost, provided he can build an entertainment complex next door."

It sounds not unlike the plan to build an arena at Atlantic Yards, which would enable the construction of 16 high-rise buildings, most of them luxury housing, and thus provide revenue to the developer.

But the baseball stadium nudged the Sportsplex aside. An 11/23/98 article in the Times (Back to the Drawing Board in Coney Island) noted that the location for the Sportsplex would be occupied by the new baseball stadium and a parking lot, and that Forest City Ratner had not studied the new plan.

Marty's plan

There was and remains a lot of fallow space in Coney Island, quite close to the transit hub. Indeed, on 3/22/02, Markowitz issued a press release about the Borough's State Legislative Agenda, citing a goal to "retain funding for the Coney Island Sportsplex and increase the allocation in order to attract an NBA franchise." On the day of his next State of the Borough address, as noted in Chapter 5 of my report, the New York Daily News reported (Marty’s Minding Our Manners, 1/23/03):
The borough president also goes to sleep dreaming of bringing a National Basketball Association team to Coney Island.

The same day, in his address, Markowitz devoted six consecutive paragraphs to Coney Island, and in the fourth of those paragraphs said:
And, some will laugh, but I'll keep on saying it. Brooklyn deserves a sports team on a national stage. Major league sports owes Brooklyn for the great theft of 1957, when the devil O'Malley stole the Dodgers out of Brooklyn in the middle of the night. That's why, until the door is finally slammed in my face, I will continue to fight for a NBA team for Brooklyn.


In June 2003, a half-year before the official unveiling of the Atlantic Yards plan, the Astella Development Corporation of Coney Island issued CONEY ISLAND: A Vision Plan, which also endorsed an arena:
The construction of the ballfield on the former Steeplechase Park site in 2001 displaced proposals for the Brooklyn Sportsplex at this location. Given the potential for an Olympic venue at this site in 2012, the proposal for a multi-use sports facility is gaining renewed momentum and is depicted on the NYC2012 website with a main hall seating 14,000 and a secondary hall with two additional regulation-size volleyball courts. The Borough President’s goal of an NBA basketball arena here appears compatible with these other uses.
(Above, the Sportsplex, as depicted in NYC2012's Olympics bid book)

I asked Dick Zigun, founder of Coney Island USA and a prime mover in Coney's modest revival over the last 20 years, how the owners/operators in the amusement zone felt about the SportsPlex concept and Markowitz's pro hoops hopes. He responded: "There were years of lukewarm support for Sportsplex. When things were hopeless it wasn't what we wanted but we were happy someting was scheduled. When the [baseball] stadium was built Sportsplex stopped sending a rep to the monthly chamber of commerce meetings. Sure, we would have been thrilled for a professional sports basketball team but then Ratner went for Atlantic Avenue."

Marty forgets

In the month after the Atlantic Yards plan was announced, Markowitz wrote, in a 1/19/04 Gotham Gazette piece headlined Netting the Nets:
Common sense, good urban planning, and care for the environment would tell you that the arena must be located where visitors have the best access by mass transit, and this location is Brooklyn's best for public transportation, with nine subway lines, four bus lines and the Long Island Rail Road all meeting there.
The irony is that if land were available to put an arena in another area of Brooklyn, as some have suggested, it would definitely result in the use of cars almost exclusively!


Cars almost exclusively? Sorkin's chart suggests otherwise, and Markowitz seemed to forget his advocacy for Coney Island. Less than three weeks later, on 2/8/04, Markowitz in his State of the Borough Address seemed enthused about the public transit potential at Coney: With construction on the new Stillwell Avenue terminal nearing completion, Coney Island will be making history again.

Indeed, the Coney Island station has stairs and ramps--as opposed to just stairs at the stations near the Atlantic Yards site--which better accommodate groups. Sure, it's a lot farther from Manhattan than the proposed Atlantic Yards, but express trains could make the trip surprisingly swift. (Photo taken yesterday)

Coney Island and some lost opportunities

Coney Island needs a development boost far more than does Prospect Heights. These days, investment has begun to flow into Prospect Heights and environs. It's a no-brainer now to build over the MTA's Vanderbilt Yard--that's why the Extell Development Company bid $150 million--far more than Ratner's initial $50 million, which ultimately became $100 million--for the railyard site, and why the MTA's RFP, issued 18 months after the Forest City Ratner announced its plan, was so criticized.

Coney has been fallow for years, the victim of some bad urban planning. Absentee owners, squabbling politicians, and a failure of investment have all been factors. Coney property owners were holding on to underdeveloped land until the area "tips." Now Thor Equities seems to have quietly bought out some of those property owners, with a $1 billion entertainment complex plan for which construction could start next year.

The plan, as described in an 11/27/05 Daily News article headlined Coney's new ride?, would involve three blocks just opposite the Stillwell Avenue subway terminal, and just two blocks east of Keyspan Park and four blocks east of the potential Sportsplex site. It would turn Stillwell Avenue, next to Nathan's (which would be preserved) into a pedestrian mall, and involve a four-star hotel, an outdoor water park, and luxury condos.

While Coney Island could use luxury housing, the Coney Island Development Corporation doesn't recommend housing in the core amusement area, and zoning would have to be changed. Zigun told the Daily News, "Putting anything residential is controversial... Coney Island was zoned for things that were too loud and outrageous for other neighborhoods."
(At right, the western edge of the site proposed for the Thor Equities plan)

It sounds like an argument for the gaudy arena signage about which Bruce Ratner seems skittish putting into a residential area like Prospect Heights.

Transportation the key

Coney Island has long had an amusement zone (with special zoning), which has shrunk, which means that an arena could be separated from housing but stimulate other entertainment facilities.

The catalyst is transportation. As Alex Marshall wrote in an article headlined Play Ball, in the August/September 2001 edition of Metropolis magazine, the subway station is far more important than the new baseball stadium:
Even more significant, although less hyped, is the complete rebuilding of the subway station, where four separate lines terminate, and which once routinely dumped out a million people into Coney Island's downtown on a hot summer's day. At $250 million--six times the $40 million cost of the ballpark--the new station will take four years to complete....The stadium's 800-space parking lot is placed to the side of the building and is not visible from the stands. Although minimizing the parking lot visually is admirable, the larger question is, why is the city spending money on parking while also dropping a quarter-billion dollars to rebuild a subway station a block away that can handle a million people per day?
...Four separate lines--the B, D, F, and N--terminate here, giving it immense capacity. Like Grand Central Station, the stop was built with ramps instead of stairs, to better handle the vast crowds... If the MTA added better express service to Manhattan, the island could be a half hour from Wall Street.

(Photo of the roof, which uses solar energy, from the MTA web site.)

In the Summer 1999 issue of the conservative Manhattan Institute's City Journal, in an article headlined Rockaway Riviera? CopacaConey?, Peter Reinharz made the case that Coney was wrecked by saturating it with poorly constructed, badly managed public housing--and that Coney and Far Rockaway could have the allure of Miami Beach. And Reinharz also pointed out the possibility of an express train: Coney is less than an hour from midtown—a mere 30 minutes if the Transit Authority would provide a nonstop express train between Coney and Times Square. Such a train, which could use existing subway tracks that end at Coney's Stilwell Avenue, would speed the area's economic development enormously.

Coney Island, Reinharz wrote, could house a new convention center and become part of a tourist boom. (His solution would be to have potential developer agree to build "new, smaller-scale, private affordable housing in suitable areas of Brooklyn, the Bronx, and Queens as a condition of being allowed to rebuild Coney and the Rockaways.") He didn't mention a basketball arena--this was 1999, remember--but an arena could also make a seasonal venture a year-round attraction.

The politics of Coney

Given the long history of the planned Sportsplex, and given Markowitz's quite-recent hope for an arena in Coney Island, his dismissal of the site--not to mention FCR's dismissal--deserves more public discussion. After all, as Hatch notes, City Council Member Dominic Recchia from Coney Island said in early 2004 that he'd welcome an arena:
“I would welcome Bruce Ratner into my neighborhood with open arms. I would welcome the Nets to Brooklyn and Coney Island any day.”

Indeed, while Brooklyn as a borough has a proud basketball tradition, Coney Island has more of a claim to that history than many other neighborhoods. Its housing projects have produced some serious hoopsters, including New York Knicks guard Stephon Marbury and his cousin, Sebastian Telfair of the Portland Trail Blazers. Nearby Lincoln High School is a perennial powerhouse. Marbury and some of his high school cohorts appeared in Darcy Frey's book The Last Shot, and Spike Lee picked up a similar story in his film He Got Game.

However, Hatch observes, funding for a rec center in Coney seems to have been held hostage until the Atlantic Yards plan moves forward. He likens the process to the city's resistance to a Jets/Olympic stadium in Queens, because local powerbrokers favored a new West Side Stadium. But once the latter plan died, two new Queens stadium plans quickly emerged.

I don't think that moving the arena to Coney Island solves the density problems at the Atlantic Yards site as much as Hatch suggests. If there's no use of eminent domain, then the project footprint would likely be less than the current 22 acres. But the number of apartments currently projected, even without the arena, would constitute extreme density compared to other major developments, so it still would have to be reduced. That might not be so difficult. Yes, the provision affordable housing (and the developer's profit) is one reason for the density, but another is the cost--and limited profitability--of building the most expensive arena ever.

But Hatch is right when he points out that Coney Island has been built for crowds, offers a variety of transit access, and has community leaders that welcome development. The question is: after Markowitz and Mayor Mike Bloomberg endorsed Forest City Ratner's plan, have they closed their minds to alternatives?

Sunday, June 11, 2006

One correction made, more missed regarding Times's Ratner/Gehry piece

From today's New York Times:
A picture caption last Sunday with the continuation of a cover article about the developer Bruce Ratner's projects misstated the site of his Atlantic Yards development. It is on rail yards and other land in Prospect Heights and on a block in Park Slope. It is not in Downtown Brooklyn, although it is near that neighborhood.

I'd actually missed that error, but, then again, I'd thought they'd put the "Downtown Brooklyn" mistake to bed, once and for all.

Still uncorrected: Nicolai Ouroussoff's statement that "Mr. [Bruce] Ratner has lopped several stories off the biggest towers in negotiations with the city." Actually, the tallest building, Miss Brooklyn, remains 620 feet, and the second-tallest was increased from 510 feet to 511 feet.

Also uncorrected: the use of a graphic that portrayed the 512-foot Williamsburgh Savings Bank as nearly as tall as Miss Brooklyn and a good bit taller than the 511-foot second-tallest building proposed in the Atlantic Yards project.

Saturday, June 10, 2006

Payback? Yassky asks City Council to give BUILD $3M to fulfill Ratner's CBA

It looks a lot like payback. Council Member David Yassky, the only white candidate (of four Democrats) in a heated campaign to win the open seat in the black majority 11th Congressional District, on May 7 announced the support of several community activists, including three signatories to the controversial Atlantic Yards Community Benefits Agreement, or CBA. (None of the three, who are black, were identified in Yassky’s press release as associated with the organizations that signed the CBA.) Within ten days, Yassky filed a City Council Priorities Request asking taxpayers to send $3 million for job training to Brooklyn United for Innovative Local Development (BUILD), the most controversial of the CBA signatories, which is headed by James Caldwell, one of those supporters at Yassky’s press conference. (Photo from DavidYassky.com)

The proposal was quickly derided by fellow Council Member Letitia James, who called Yassky's move "pandering," and Bill Batson, chair of Community Board 8's Atlantic Yards Committee, who questioned Yassky's embrace of an untested organization.

The funding request, which includes a pre-apprenticeship program, a first source hiring program, an MBA intern initiative, and a technical assistance service for small businesses, was revealed at a CB8 meeting Thursday night by BUILD chief operating officer Marie Louis, a CB8 member. She asked board members to lobby Council Speaker Christine Quinn in support. (Click for a larger version.)

A Yassky spokesman was unwilling to discuss the request, but it appears to substitute for funds once expected of Forest City Ratner for the Atlantic Yards project, neither of which are named in the document. BUILD indicated in an Internal Revenue Service filing that it anticipated $5 million from the developer over two years. Once that document came to light, BUILD officials denied that the developer had supplied money, but later acknowledged receiving $138,000. [Update 6/12/06: A reader points me to the Community Benefits Agreement (p. 15), which states, regarding job training: The Project Developer and BUILD will work to seek and secure public and/or private funding for this program. Emphasis added.]

Asking for help

Commented Batson, “I’m quite shocked that a project that has no Community Board input and no city oversight is now requesting the Community Board to support the requesting of additional city money to a project that’s already oversubsidized.” While the document from Yassky’s office describing the “Community Benefits Catalyst Initiative” doesn’t mention the developer or the the Atlantic Yards project, the initiative's title seems a clear reference to the CBA.

The document claims, “BUILD has both the expertise and capacity to see this project through successfully.” However, BUILD has no actual experience in job development, and the New York Observer reported last December that representatives of other agencies doing such work were perplexed at BUILD’s inclusion in the CBA.

“Yassky’s association with BUILD is troubling,” said Batson, also a candidate for the open seat in the 57th Assembly District, which, like the 11th Congressional District, would include the Atlantic Yards footprint. “Hasn’t he looked at their track record? They don’t have one."

Besides symbolic help, BUILD may offer Yassky some political connections; its office last year was a hub of political work, and there has been overlap between BUILD staffers and an organization called Community Leadership for Accountable Politics.

AY posture

Regarding the Atlantic Yards project, Yassky has straddled the fence, sometimes vague enough to confuse reporters. Last September he called for the project to be scaled down significantly and also said in March that, “unless there’s a serious and concrete plan” regarding traffic, “I think the project has to be resisted on that ground alone.”

Of Yassky's rivals, Chris Owens, son of the retiring Rep. Major Owens, opposes the Atlantic Yards project, while Carl Andrews and Yvette Clarke have expressed support. As for the racial calculus, consultant Hank Sheinkopf told the Daily News, "White voters need to feel that blacks will not be upset if they vote for Yassky."

Any chance in Council?

James, whose district includes the Atlantic Yards footprint, criticized Yassky for seeking city funds for a community rather than a citywide issue. “I can think of about 50 other citywide projects where this $3 million could be better spent,” she said, noting that Speaker Quinn had asked Council members to submit initiatives for citywide issues.” Each Council member was allowed four such requests, and hers included support for the Red Cross, afterschool programs, fire marshal, and public housing.

Observed James, an opponent of the Atlantic Yards project, “He’s obviously pandering to a certain constituency and to maintain the support of a certain organization.” Still, she noted that Yassky has not actively lobbyied for the BUILD initiative and seems more concerned about health care funding for small businesses. The budget must be passed by June 30, the end of the fiscal year.

Asking Yassky

After learning secondhand of Louis's presentation, I called Yassky spokesman Evan Thies for comment and was told, “We won’t be discussing any of our items.” He would not confirm or deny whether the funding request had been submitted, nor discuss the rationale for the request. “It’s an internal discussion between the council member and the speaker,” he said.

Later, after I got a copy of the document excerpted above, I called Thies back and gave him an opportunity to comment further. He declined.

Council members and advocates have been discussing the budget requests. A 6/8/06 New York Times article headlined New Council Speaker Has Chance to Rein In Freewheeling Budget Process, cited spending priorities submitted by council members, noting that now each new item must gain endorsement from at least ten council members from at least three boroughs--an effort to stave off frivolous requests. Among the initiatives cited in the article was, in fact, Yassky's $10 million request to help subsidize the health care expenses of small employers.

Brooklyn's curious CBA

So how much has Forest City Ratner pledged to BUILD? When asked at the CB8 meeting, Louis was unable to supply that information. Nor would Forest City Ratner Joe DePlasco, when asked yesterday by the New York Observer, specify how much CBA signatories have received.

It’s an odd sequence. If the city wants to fund job training, it has existing vehicles to do so. In this case, BUILD, a new organization, offered public support to Forest City Ratner's project, then got paid by the developer. Now that Forest City Ratner apparently will not--or would not like to--fully support the initiatives in the CBA, BUILD seeks public support.

No matter the funding source, the process runs afoul of the standard set in pioneering CBAs in Los Angeles, where signatories don’t accept funds from the developer and don’t benefit directly. As James commented, “It’s not a CBA. It’s an IBA: Individual Benefits Agreement.”

Thursday, June 08, 2006

Conflict of interest? $350K to CBA signatories shows departure from L.A. model

Forest City Ratner has given much more money than previously announced to signatories of the controversial Atlantic Yards Community Benefits Agreement (CBA), and the developer was negotiating that commitment before the CBA was signed last June. It's another reason to question the legitimacy of the CBA as compared with the pioneering examples negotiated in Los Angeles.

While the developer previously acknowledged giving $87,000 to the Downtown Brooklyn Educational Consortium (DBEC), Freddie Hamilton (right), the director of the group, says that that the DBEC had received a $350,000 grant. That nearly doubles the known amount of total payments to CBA signatories, to $538,000, though the amount is likely larger.

“We had discussed the support that would be coming,” said Hamilton, in an interview after the candidates’ forum Monday night at the Brown Memorial Baptist Church in Clinton Hill. “I had written a proposal and submitted it to Forest City Ratner.” After the CBA was signed, the money—which serves as a one-year planning grant--was delivered. (My assumption is that the $87,000 is part of the $350,000.)

FCR has also acknowledged—under pressure--that it gave Brooklyn United for Innovative Local Development (BUILD) $100,000, plus $38,000 to distribute the Brooklyn Standard promotional sheet. BUILD originally told the IRS it expected $5 million.

After the BUILD connection was revealed by Juan Gonzalez in the Daily News, FCR officials acknowledged giving $50,000 in “seed money” to the Rev. Herbert Daughtry’s Downtown Brooklyn Neighborhood Alliance as well as the $87,000 to the DBEC.

Conflict of interest?

That’s not that way it’s supposed to work, and one significant reason why the CBA in Brooklyn departs from CBAs negotiated elsewhere, where signatories agree to support the project but don't themselves benefit. “As a matter of principle, groups in our network don’t take money from developers. We want to avoid any appearance of a conflict of interest,” John Goldstein, National Program Director of The Partnership for Working Families, told me. “We have advocated in CBAs that developers give to the communities they’re developing in.”

The Partnership last year produced a handbook titled Community Benefits Agreements: Making Development Projects Accountable.

Though the handbook, which focuses on the pioneering CBAs negotiated for the Staples Center in Los Angeles and the Los Angeles Airport, does not specify that groups shouldn't take money, Madeline Janis-Aparicio, a co-author of the book, told former Brooklyn Papers reporter Jess Wisloski, “We have a policy of never taking money from any developer, ever, period.” Janis-Aparicio is executive director of the Los Angeles Alliance for a New Economy and helped negotiate the CBA for the Staples Center.

As Bettina Damiani of Good Jobs New York testified before City Council in May 2005:
Perhaps the most striking is that elsewhere CBAs are negotiated by one broad coalition of groups that would otherwise oppose a project, a coalition that includes labor and community organizations representing a variety of interests... In the BAY case, several groups, all of which have publicly supported the project already, have each engaged in what seem to be separate negotiations on particular issues.

Greg LeRoy, executive director of Good Jobs First, told the Brooklyn Papers last October that signatories shouldn’t be accepting favors from developers, such as the free rent that BUILD gets from Forest City Ratner: “Anytime you have negotiations in which there are competing self-interests, and one side grants a favor to the other, that’s a red flag.”

DBEC's plans

The DBEC consists of six different groups working on issues like education and health in central Brooklyn. “We already serve children and families,” said Hamilton, executive director of the Child Development Support Corporation, one of the component groups. “Our goal is to further develop the capacity of our organizations and create an endowment.”

Hamilton noted that the groups are aiming to gain 25 to 35 percent of their budget from private sources. “We’re creating the Brooklyn Children’s Zone, a geographic area where we want to expand our services.”

Hamilton said that she does not expect further funding from Forest City Ratner, just help in creating a board of corporate representatives. The one-year, $350,000 planning grant will conclude at the end of June. She said some of the funding went to each of the six groups, while another portion was devoted to core activities of the DBEC. She said the DBEC would do business as the Brooklyn Children’s Zone and is in the process of incorporating in that name.

Broad initiatives

The CBA (p. 38ff.) outlines a range of roles for the DBEC:
--helping create four new schools, three of them charter schools
--a child health initiative that ties sports to a reduction of juvenile diabetes and juvenile obesity, as well as HIV/AIDS prevention
--a program in which youth help operate retail space within the project
--an after-school program to unite noncustodial fathers with their children
--assistance to ACORN in ensuring that grandparents get placed within the senior housing component of the project
--a collaboration with other CBA signatories to help hard-to-employ youths get jobs in the project
--an effort to get a university research center and a foundation to help evaluate the impact of these programs.

The CBA states:
During the 12-month planning phase, the DBEC members will work with consultants to help research and develop the specific requirements of these initiatives. The DBEC will identify the public and/or private funding sources for the development and operation of the initiatives...

So apparently that's been in process since last July.

Public support?

Has Hamilton been brought into the political fray? “I was very skeptical and conflicted about the Ratner development,” she said. “I have not been asked to do anything to promote the development.”

She has had a much lower profile than figures like Bertha Lewis of ACORN. Still, Hamilton, who also serves as the vice-chairwoman of the Brooklyn Democratic Party and is an ally of project supporter Assemblyman Roger Green, has been asked her position on the project. She is now running for the open seat to replace Greenin the 57th Assembly District and declared during the candidates’ forum Monday that she doesn’t think the CBA--signed by only eight groups--should be reopened. (Rivals Bill Batson and Hakeem Jeffries disagree.)

And last year, when the city announced the signing of the CBA, Hamilton provided a requisite quote: “I'm very impressed with the amount of thought and hard work that has gone into this agreement. The community will be very proud of what came out of this work.” Unlike the other signatories, Hamilton's group, was added to the negotiations at the last minute, the New York Observer reported last December.

Hamilton allowed that “the people who did come to the table were not the usual suspects,” a nod to some untested organizations that participated in the CBA negotiation. “There’s criticism around BUILD,” she allowed, “but we haven’t finished hearing their story.”

Getting what they need

Hamilton offered a larger point, saying that none of the signatories have the power to derail the project, while Forest City Ratner has collected support from “powerbrokers” such as Mayor Bloomberg and Governor Pataki. Then again, Bloomberg has cited it as a "first ever" CBA in New York, and Forest City Ratner calls the CBA "historic."

What about the example in Los Angeles, where community groups wouldn’t take developer money? “We didn’t do that,” she said, adding that “I do community work daily with very disenfranchised people… When the time comes to get what you’re going to get for the community, you have to stand up.”

Last November, signatory Charlene Nimmons of Public Housing Communities and beneficiary Darnell Canada of Rebuild both acknowledged concerns regarding the CBA but said it was important to have a seat at the table. In March 2004, Canada had left BUILD, an organization he helped found, "to distance myself from those in the organization who see this organization as financial self gain," he said in an open letter.

It's a murky line between community service and perceptions of self-dealing. Perhaps for BUILD, which denied receiving FCR funding, testified forcefully in favor of the Atlantic Yards plan, and has for months avoided questions, the CBA was a chance to establish itself. For someone from a well-established group like Hamilton, who talked about the FCR funding readily--perhaps she's never been asked--it may seem a worthwhile bargain to enhance her organization's capacity.

The community and the benefits

The question is: did the CBA represent a "broad coalition"--as in Los Angeles, where each of the agreements involved more than 20 groups--insulated from any suggestion of self-gain? The New York Observer last December reported on the Brooklyn negotiations:
A group of black ministers refused to come to the table. James Stuckey, executive vice president for Forest City, said they had demanded that they be the only party to the agreement. The Reverend Dennis Dillon, the leader of the group, gave a different reason: that it was clear from the beginning that the agreement was meant to buy support with favors.

Indeed, FCR spokesman Joe DePlasco told Wisloski that “Forest City has given money to some of the organizations, maybe all, that are involved in the CBA.” So the sum likely is larger than the $538,000. No matter the value of the programs supported, the evidence so far supports Dillon’s description and a divergence from the CBA model established in Los Angeles. And it's time for the developer and the CBA signatories to make all the support public.

Wednesday, June 07, 2006

From hasty email to Sharpton denunciation: sorting through the flap

I’ve been trying to sort through the flap around the Daily News’s publication of Develop Don’t Destroy Brooklyn spokesman Daniel Goldstein’s intemperate racially-charged email comments.

Had both columnist Ben Smith and Goldstein been more careful, the controversy would have played out differently, and surely not escalated to Smith's Daily News story today, in which the Rev. Al Sharpton attacked three very different people: Goldstein, a sometimes hotheaded community activist; Nick Minucci, accused of uttering racial slurs and beating a black man; and David Yassky, a white candidate for Congress in a black majority district.

(I clarify and correct my own accounts at the end of this post.)

In the beginning

First, it’s worth noting, this all happened on May 26.

Goldstein was CC’d on an email between Smith and another Brooklynite, who had slugged the email a “private” response to Smith’s coverage of matters related to Brooklyn politics and Atlantic Yards. Because several people were CC’d, Smith responded that the email was no longer private. Goldstein, one of those CC’d, retorted:
well, its no longer private. now Ben, when are you going to start outting all the bull shit on the other side of the Atlantic Yards issue? or is their power too scary for you that you have to smack tireless activists while plundering astroturf groups and their wealthy white masters avoid your wicked barbs.

That wasn’t the last email. Goldstein followed up fairly quickly, and I’ll get to that below. But the term "no longer private," at least initially, meant "among more than two people," rather than a public statement.

Column coverage

Smith, in his column Monday, wrote:
The group is known for its own sometimes over-the-top rhetoric. Its main spokesman, Dan Goldstein, e-mailed me not long ago, describing his African-American opponents as tools of "their wealthy white masters."

Were Goldstein’s remarks offensive and intemperate? Surely. (He didn’t even aim for good spelling and grammar.)

Did Smith misquote Goldstein? No, if you narrowly consider that Goldstein did use the term “their wealthy white masters.”

Was Smith fair to Goldstein? Not fair enough. Reporters must use shorthand, but he should have included more clarity and context.

First, Goldstein's phrase “plundering astroturf groups” diverges from Smith's designation of “his African-American opponents.” For example, if some black political leaders are DDDB’s opponents, they certainly don’t qualify as “plundering astroturf groups.” Smith would have been closer if he had written “some African-American opponents” or, better, identified the opponents more specifically as "astroturf groups" that are largely-African American, or as Community Benefits Agreement signatories.

Over the top rhetoric

Is it fair to say that DDDB "is known for its own sometimes over-the-top rhetoric”? Well, the group is much better known for other things, but commenters on some blogs have pointed to a DDDB blog posting headlined "Senator Schumer Hates You," which certainly pushes the envelope. (It's in response to Sen. Chuck Schumer's disparagement of "self-appointed" critics of Borough President Marty Markowitz, and it has since been changed to the more reasonable "No, Senator, we want to grow - just not like this.") So Smith’s jab was defensible.

Was Goldstein’s intemperate email an example of the group’s over the top rhetoric? That’s tougher to argue. On the one hand, Goldstein should know that, when he’s in an email exchange with a reporter, he’s representing the group.

On the other, if Goldstein had been intending to speak on behalf of the group, he surely would have composed his thoughts rather than fired off an email.

Press release or conversation?

Moreover, the comment should have been considered in the context of the sequence of emails. Within 14 minutes, Goldstein had sent another two emails, and, in that third email, clarified that he was referring to BUILD and ACORN, he says. (Then again, as I’ve written, ACORN can’t be considered an astroturf group. And ACORN represents the poor, rather than a specific racial group.)

So: was Goldstein's email like a press release, an item that stands on its own? Or should it have been considered in the context of a conversation, with the other emails? In this case, I’d say it was more like the latter. Thus, Goldstein's identification of BUILD and ACORN, while not in his initial email, was relevant.

Still, if he was on the record, even calling two groups beholden to "wealthy white masters" was way out of line--and he has apologized.

What about the CBA?

Did Goldstein intend to issue a statement from DDDB regarding "wealthy white masters"? Had he wanted to do so, he would've had a week between that email exchange and Smith's column.

He was reacting, apparently, to the fact that the legitimacy of the Community Benefits Agreement has hardly been questioned in the press. There are significant differences between CBA signatories in Los Angeles that refuse funds from a developer and signatories in Brooklyn that accept a developer's support.

Clarifying my own accounts

In my initial article, I wrote that "Goldstein's racially-insensitive email comment about two Community Benefits Agreement signatories had morphed into a larger racial generalization." I should have been more precise and written that the comment was about "astroturf groups" or "astroturf groups, quickly identified in a followup email as two CBA signatories."

In my follow-up, I wrote that Smith had not referred to the two CBA signatories in his coverage today. Smith wrote on the Daily Politics:
The usually-reliable Oder elsewhere accuses me of misquoting Dan Goldstein, and failing to include the context that he was referring to two specific groups. I failed to note that because he didn't say it. You can see the email here.

Ok, as discussed above, it's unfair to describe it as a misquote, and I've deleted any implication of that. As for the context--Goldstein did say it, he just didn't say it in the initial email.

For the 57th: perception, personality, and policy

So what happened at the candidates’ forum Monday night beyond the brouhaha over Daniel Goldstein’s improper, racially-charged email comment? (See the follow-up in the Daily News, which downplayed the role of Forest City Ratner supporters in accentuating racial division. See further clarification.)

Well, the candidates for the 57th Assembly District displayed their styles before a diverse crowd at the Brown Memorial Baptist Church in Clinton Hill, and it's likely that biography and personality will be as influential as their policy differences, which are narrow.

Lawyer Hakeem Jeffries (right) was the most polished, able to cite policy--even if it not always on point--and to deliver some well-aimed soundbites. Freddie Hamilton, a community activist with ties to outgoing Assembly member Roger Green, was less prepared, but brings a longevity of service, not to mention a gender difference. Bill Batson, both political aide and activist, offers a substantial mix of policy and grassroots experience, but he's stronger in small groups than as a stump speaker.

Differing on the CBA

They diverge most substantially on the Atlantic Yards issue. Hamilton (right), a signatory to the controversial Community Benefits Agreement with Forest City Ratner, was firm that it should not be reopened nor extended beyond the eight signatories. Jeffries quoted Bill Clinton on affirmative action, saying “mend it, don’t end it.” He said the housing component was “on solid ground,” but the promise of jobs to minorities was largely unenforceable; he encouraged “bringing in some additional stakeholders.”

Batson (right), who pointed out that the CBA for the Los Angeles Airport had 29 signatories, agreed that there should be more stakeholders and that the document is unenforceable. He pointed out that FCR and other developers had made promises that hadn't been met. He went on to say, “I can never support this project because of its use of eminent domain.” At a later point, he told a questioner, “We need to get that CBA reopened.”

[I had suggested that opposing the project and wanting to reopen the CBA was inconsistent, but Batson says I have it wrong: "Through a reopened, diverse and independent CBA, FCR could be asked to provide restitution to those displaced by their ongoing use of eminent domain and agree to no further takings. However, I would still prefer to see a project of this scale and with over a billion in subsidies go through the local ULURP process, and Community Boards 2,6, and 8, instead of a unenforcable, suspect and pro-developer CBA."]

Local issues

The candidates were asked about reintegrating prisoners into their neighborhoods and how to bolster local schools. While their answers differed, it wasn’t clear how much power they’d have. Hamilton cited prison ministries through the churches, Jeffries cited a program at the Fifth Avenue Committee, and Batson cited his work with the Fortune Society and protesting Rockefeller drug laws.

They also cited the importance of getting New York City its fair share of state aid, which would be more likely if Democrat Eliot Spitzer wins the governor's race.

Where to earmark?

How would they distribute the $100,000 or more a representative would have for community organizations? Hamilton responded reasonably that she wasn’t prepared to say, since she didn’t know what organizations currently get and what they need. Batson cited the importance of getting teenagers to help children and seniors, and the importance of making public housing—more a city responsibility—“as beautiful as any other part of the community.”

Jeffries seized on the opportunity to stress his commitment to affordable housing, children, and seniors. While he was light on the details, he hit the mark with several people in the audience, generating applause.

Questions and AMI

When the candidates were given an opportunity to ask each other questions, it was hardly contentious. Hamilton said she didn’t have any questions, saying that “we’ve run very honorable campaigns.” Batson cited recent gun violence in the neighborhood, and asked Hamilton to describe her work trying to get guns off the street. Hamilton, who lost a son to gun violence and became a plaintiff in a class-action lawsuit, cited the importance of targeting manufacturers and dealers who supply an illegal gun market.

Jeffries took advantage of the opportunity, turning his question into a speech; he pointed out to Hamilton that “You remember when a brownstone was affordable,” and asking her about how to provide affordable housing and home ownership. Hamilton called the situation a real estate bubble, and said her house “around the corner,” bought in 1972, cost either $28,000 or $45,000.

She said she’d just learned a term from Council Member Letitia James, AMI, or “Average Median Income” (actually, it’s Area Median Income), used to assess eligibility for affordable and public housing. The AMI is skewed because it includes the wealthier suburbs, she said, echoing many local housing activists. “The only thing we can do is change that formula.” How much power state representatives have to change a federal formula is another question.

Minority contracting

Later, in response to a question about minority contracting, Jeffries slipped in that, “I was proud to get the endorsement of the Working Families Party.” He cited Article 15-A, a state statute on minority contracting, saying that, while the law encourages 15% of state contracts to go to minorities and women-owned business enterprises, the target should be mandatory.

Actually, the statute--at least the one document I found--doesn’t set a numerical targets; it just requires efforts toward “a ‘fair share’ of state contracts.” (That fair share surely would differ between New York City and a rural county.) But Jeffries' statement did play well with the audience.

Level playing field?

Asked “what you can do to make it a more even playing ground for people in the community,” Batson cited his work trying to save a house in Downtown Brooklyn on Duffield Street believed to be a site for the Underground Railroad; several in the audience, supporters of resident Joy Chatel, clapped heartily. He also cited his effort, as a co-chair of the Community Board 8 fire safety committee, in getting District Attorney Charles Hynes to investigate all cases of arson.

Jeffries said he had just testified in opposition to proposed rent and fee increases for New York City Housing Authority tenants. He contrasted that to subsidies for “millionaire and billionaire developers,” pointing out that a subsidy program which last year gave developers $320 million, had no requirement for affordable housing. He said that he endorsed "legislation" proposed by ACORN—did they draft a bill or just recommend a policy?—to require 30% affordable housing in exchange for subsidies.

The 421-a subsidy program is a city program implemented by state legislation and is a timely local issue. [I initially wrote that it was solely a city program; more on point is that the reform effort going on is via a commission appointed by the mayor.]

Still, for Jeffries, Batson, and Hamilton, the race may be less about what bills they support in Albany than how they listen to concerns on the ground--and, of course, get their constituencies to the polls.

Tuesday, June 06, 2006

Divisiveness: Is it about Goldstein—or Ratner?

Most people attending the candidates' forum last night at the Brown Memorial Baptist Church in Clinton Hill were likely not aware of the building controversy over Develop Don’t Destroy Brooklyn (DDDB) spokesman Daniel Goldstein’s regrettable statement, in an email exchange with Daily News columnist Ben Smith, about why “plundering astroturf groups and their wealthy white masters avoid your wicked barbs?”

But was this about Goldstein, or was it about developer Forest City Ratner? City Council Member Charles Barron said it was the latter and, at least at this event, got the last word.

Controversy in print

In Smith’s Daily News column yesterday, Goldstein's racially-insensitive email comment had morphed into a larger racial generalization. (See my correction at bottom.) Smith wrote:
The group is known for its own sometimes over-the-top rhetoric. Its main spokesman, Dan Goldstein, e-mailed me not long ago, describing his African-American opponents as tools of "their wealthy white masters."

It's verboten for a nonblack critic to use such racially-charged language these days—and even Harry Belafonte caused a stir when he called Colin Powell a “house Negro."

Goldstein apologized, but not before the Rev. Al Sharpton, ACORN’s Bertha Lewis, the Rev. Herbert Daughtry, State Senator Carl Andrews, and Assemblyman Roger Green—all Atlantic Yards supporters--issued a joint press release denouncing Goldstein, in serial statements, for racist language and racism. (Only Lewis's group had actually been targeted.) Indeed, the press release had a broader purpose, as the headline indicates: "African-American Elected Officials and Leaders Call on Atlantic Yard Opponents to Denounce Develop Don't Destroy's Use of Racial Language."

Of course, other racially-charged issues may get a bye. Note that Daughtry, who recently said he had always "found Forest City Ratner Companies to be an organization that cares about the communities in which its projects are built," has not criticized Bruce Ratner's racially-coded explanation for the forbidding design of the Atlantic Center Mall. Ratner told the Times: “Look, here you’re in an urban area, you’re next to projects, you’ve got tough kids.”

As for public denouncements, Sharpton, when asked during his mayoral candidacy in 1997 if he would denounce Minister Louis Farrakhan, responded, "I don't publicly denounce anybody," according to a 4/4/97 article in the New York Times.

Apology

In his contentious apology, Goldstein pointed out that he had been writing personally, rather than issuing a statement on behalf of the group, and noted that he was referring specifically to BUILD, which has received significant funding from FCR, and ACORN, which has received donations from the developer.

ACORN can't be called an astroturf group, given its track record, but BUILD is another story. The group has no track record in job training, and its main accomplishment has been to negotiate the Atlantic Yards Community Benefit Agreement; while it denied being funded by FCR, eventually both BUILD and FCR spokespeople admitted such funding.

Others' intemperate remarks

And BUILD president James Caldwell has expressed his own over-the-top rhetoric, telling the New York Sun, an a 7/26/05 article headlined Ratner-Extell Fight Turns Ugly, "If this thing doesn't come out in favor of Ratner, it would be a conspiracy against blacks."

On Smith’s blog, a commenter referenced Sharpton’s infamous description of a shopkeeper in Harlem as a “white interloper” at a rally that led to a fatal fire. While Sharpton's remarks did cause a furor at the time, Caldwell's comment has received less attention. (Note that Caldwell, who has avoided media questions for months, was not part of yesterday's response.)

Batson on the spot

At the forum last night, a neighborhood resident asked Bill Batson, a candidate for the 57th Assembly District, if he would denounce the comment from Goldstein, “one of your supporters,” as racist. Batson said he hadn’t seen the statement in full context but had told Goldstein “how incredibly disappointed I was with him” and that he should apologize immediately. “I worry that the whole dialogue has become really heated,” he added.

Batson’s questioner was later seen chatting with Lupe Todd, a neighborhood resident who is both a spokeswoman for Forest City Ratner and also a supporter of Hakeem Jeffries, a rival candidate for the open seat. (I don't know whether Todd encouraged the question or merely wanted to say hi to a neighbor.)

Barron takes it on

Though Green wasn’t present for the second phase of the forum, featuring candidates for the Tenth Congressional district seat, he sent an aide to read a statement. In the statement, Green criticized the organizers for scheduling the panel on a night when he had obligations in Albany, and he singled out DDDB for insensitivity to his request. The Rev. Clinton Miller of Brown Memorial pointed out that the event was sponsored not by DDDB but by his church, the Lafayette Avenue Presbyterian Church, the Fort Greene Association, the Clinton Hill Society, and the Downtown Brooklyn Leadership Coalition.

Green’s statement then addressed Goldstein. Were Green present, his aide read, “I would be challenging this vicious, racist stereotype.”

Barron, a former Black Panther and an opponent of the Atlantic Yards plan, immediately denounced Green for a “disrespectful” note, saying his rival was hiding “behind a racist email.”

“It doesn’t take away from the real issues,” Barron thundered. “You want to find a divisive person, it’s Ratner.” He scoffed at the claims made by Atlantic Yards supporters. “Anything you build is going to get you jobs,” he said. “What you needed was an open, competitive bidding process.”

Without naming specific groups like BUILD or ACORN, Barron blamed community groups for negotiating individually with Ratner. It would've been different, he said, "if we had all gotten together at the beginning... Some quick folk made their deals early." He reiterated the point, criticizing "people rushing to Ratner and manipulating the situation to their economic interest."

The candidates (and audience) had more to say about Atlantic Yards and a host of other issues, which I'll report on in another piece.

Sunday, June 04, 2006

Blame the guv'ment? Ouroussoff gives Gehry & Ratner a pass, punts on scale

Upon first reading New York Times architecture critic Nicolai Ouroussoff’s lead article in today's Sunday Arts and Leisure section, headlined Skyline for Sale, the first reaction may be: he’s surely better than his predecessor Herbert Muschamp. After all, Muschamp’s one appraisal of the Atlantic Yards project (12/11/03) was pure Frank Gehry gush (“A Garden of Eden grows in Brooklyn”) and the critic made no attempt to acknowledge the Brooklyn context or criticism of developer Forest City Ratner (FCR).

(By the way, can you tell from this graphic that the Williamsburgh Savings Bank, at right, is actually 108 feet shorter than the 620-foot Miss Brooklyn, the tallest building in the proposed Atlantic Yards plan? Or that the bank is just one foot taller than the second-tallest building proposed? It sure doesn't look that way. Annotation of Gehry Partners image by NoLandGrab.org.)

Ouroussoff's piece today, which also addresses Gehry's Beekman Tower for FCR and Renzo Piano's tower for the New York Times and FCR, is more thoughtful than his 7/5/05 appraisal of Atlantic Yards, in which he overenthusiastically called the project an "urban model of remarkable richness and texture." Now he's willing to express muted qualms. Yes, he acknowledges, Forest City Ratner's track record is somewhat sketchy. Yes, the project has generated opposition. Yes, the jury’s still out on whether the Gehry-Ratner alliance is a healthy thing. He doesn't use the opportunity to take another swing at Jane Jacobs. Even the headline expresses far more skepticism than last year's "Seeking First to Reinvent the Sports Arena, and Then Brooklyn," not to mention the headline on Muschamp's piece: "Courtside Seats to an Urban Garden."

A second reading, however, suggests some more pernicious messages. Ouroussoff treats the project as on track, with no acknowledgement that the environmental review process remains in the early stages. (We’re still waiting for a Draft Environmental Statement.) He makes no effort to assess the appropriate scale and its attendant effect on traffic, transit, and park space. He suggests that the recent token scaleback was a result of “heeding local protests” rather than the developer’s political calculation.

The critic maintains that pedestrian passageways serve as extensions of the street grid. He ignores Gehry's dismissive attitude toward local critics. And he suggests, spuriously, that citizens should blame the government, which has abandoned its vital public role, rather than explaining that the government has abdicated oversight and planning for this specific project.

In the end, to Ouroussoff, it's a battle between the architect and the developer, not between the project and the public. After all, the subtitle of the piece states:
Frank Gehry and Bruce Ratner are proving how much influence architects have with developers, and how troublingly little.

More of a nod to FCR's record

Remember, Muschamp’s 12/11/03 appraisal ignored Forest City Ratner’s lousy architectural track record in Brooklyn. Ouroussoff, who in his 7/5/05 assessment dispatched concerns with a parenthetical about the "unremarkable MetroTech complex," today appears to tackle the issue head-on:
If Bruce Ratner’s recent embrace of high-end architecture has some New Yorkers rolling their eyes, he can’t be all that surprised. Not so long ago this developer’s most visible cultural contribution to the city was a few kitschy theaters on 42nd Street. In Brooklyn he is known mainly as the creator of Metrotech, a complex of overblown yet banal office towers that seem to crush the life out of the city around it.

Maybe there are more articles in the Times clip file about MetroTech—remember, Ouroussoff joined the Times in 2004—but in Brooklyn, Ratner is known equally well for the (much derided) Atlantic Center (right) and (somewhat derided) Atlantic Terminal malls, which, more importantly for this article, happen to sit right across Atlantic Avenue from the proposed Atlantic Yards footprint.

Ouroussoff suggests Ratner has tried to polish his image:
His conversion began six years ago, when he joined The New York Times Company in selecting Renzo Piano — an architect known for the refinement of his buildings — to design a new Times headquarters in Midtown Manhattan. And it gained traction when Mr. Ratner handed Frank Gehry — whose celebrity has reached the point where he now has a signature jewelry line at Tiffany — the commissions for Atlantic Yards, a 22-acre project involving a basketball arena, hotel, and housing and retail spaces in Brooklyn, and Beekman Street Tower, a 75-story apartment building in Lower Manhattan. Their partnership may soon be one of the most visible on the New York skyline.

Ouroussoff dodges a question here; could Ratner have chosen a banal design in partnership with the Times? Unlikely. Moreover, his description of the Atlantic Yards project, while only slightly inaccurate—he omitted office space—remains unbalanced. The Times last November more accurately described it as "essentially a large residential development with an arena and a relatively small amount of office and retail space attached to it."

Deal with the Devil?

Ouroussoff attempts to take on the social question:
But if the Gehry-Ratner lovefest has raised an expectation of innovative design, it has also stirred unease. Few would question Mr. Gehry’s talent. The question is whether he has allowed his experimental ethos to be harnessed for the sake of maximizing a developer’s profits.
It’s also fair to ask whether Mr. Gehry and other gifted architects have made a pact with the Devil, compromising their values for the sake of ever bigger commissions.

(At right, a model of the project apparently provided to the Times. It doesn't appear in the press section of the Atlantic Yards web site.)

The questions are far broader. Has Gehry’s desire to build his first arena and a “neighborhood from scratch” trumped his sense of social responsibility? In maximizing profits, has his cachet been harnessed not simply to maximize profits but to win over some of the culturati and ease the approval process?

Has government withdrawn?

Ouroussoff offers a misguided thesis:
Beyond that, their collaboration points up a major change in the way cities are being built. There was a time when government took an interest in big urban planning projects. Mr. Ratner and Mr. Gehry are operating under a model by which the government plays only a marginal role. Bigger social concerns, like housing for mixed incomes, equal access to parks and transit, and vibrant communal spaces, which were once the public’s purview, now increasingly fall to developers to address or not, as they see fit.

How then does he square Atlantic Yards with the rezoning of Williamsburg and Greenpoint, in which developers who provide affordable housing will get a zoning bonus. However controversial, that was negotiated in the public realm. The Atlantic Yards project, because the city ceded oversight to the state, contains no such oversight, and the housing agreement was negotiated between Forest City Ratner and ACORN. As for housing for mixed incomes, the Mayor’s Office has embarked on a 10-year plan for 165,000 units of affordable housing. Ouroussoff is generalizing inappropriately.

And the abandoment of Atlantic Yards is hardly complete; after all, the government would provide $200 million in direct subsidies and, in total, spend $1.1 billion over 30 years in public costs--and that's the developer's highly-conservative estimate.

What about the planning process? For the Willets Point development in Queens, the city has been criticized for not conducting a planning process before it sent out an RFP. For Atlantic Yards, there was neither a planning process or an RFP before the project was announced; only 18 months later did the MTA put its Vanderbilt Yard up for bid.

The role of the client

Ouroussoff observes:
I’m not one of those purists who argue that Mr. Gehry or Mr. Piano should snub commercial developers altogether and limit himself to hammering out projects for, say, art museums or libraries. It is at the intersection between fantasy and practicality that architects are best able to express our civilization’s values. But architects will be defined by the clients they choose.

Ouroussoff notes that Gehry clashed with his developer clients in the 1960s and 1970s, finding satisfaction in smaller projects for articts, but in 1979, rebelled after working on the Santa Monica Place Mall. Ouroussoff writes:
Some 25 years after Santa Monica Place, Mr. Gehry says his recent decision to embrace big developers does not signal any sort of about-face. He argues that his status puts him in an entirely different position.
“They have to meet me as an equal,” Mr. Gehry said simply.


What does that mean? "I have a sense of responsibility to deliver something that’s a good neighbor," Gehry said last year, but when asked by Brooklyn residents if he’d meet with them, Gehry deferred to Forest City Ratner; he still hasn’t done so. Rather, he’s dismissed critics by cracking that they would have picketed Henry Ford. More importantly, Gehry has said that typically he’d bring in five other architects to work on a project of this size, but the client said no.

Ratner’s background

Ouroussoff then sketches Ratner’s background as a city lawyer and administrator, then takes a swipe at his initial projects (though there's no mention of the parent Forest City Enterprises, which is controlled significantly by the Ratner family):
He started as a developer with commissions like Metrotech, a 6.4- million-square-foot complex that testifies to just how low New York’s architecture and urban planning had sunk by the 1980’s and 90’s. Arranged around amorphous plazas, its monstrous buildings sit on clumsy bases that only draw attention to their scale.
Then there was the Hilton Times Square and the mammoth AMC theater complex on the south side of 42nd Street, which are less about architecture than testing how much visual advertising a human being can tolerate. Not to mention Mr. Ratner’s Ridge Hill Village Center in Yonkers (groundbreaking is planned this summer), a crass outdoor mall that functions neither as a Main Street nor as an honest expression of suburban culture.


While calling MetroTech "banal" and "monstrous" is a far harsher than last year's designation of "unremarkable," Ouroussoff could have had a field day with adjectives had he cited the two Brooklyn malls closest to the Atlantic Yards site; in fact, the Atlantic Center mall was the location for the May 11 press conference featuring Gehry and landscape architect Laurie Olin.

On the Times Tower

Ouroussoff relates that the Times Tower (right, with Gehry & Ratner; photos from the Times) has not turned out as originally planned:
But Mr. Piano has lost crucial battles along the way. To cut costs Mr. Ratner had him eliminate an elegant rooftop garden that would have been framed by extensions of the building’s glass curtain wall. Also abandoned were some of the cantilevered staircases that would have offered a fluid connection between office floors.
More interesting, Mr. Piano had proposed an open, loftlike floor plan, placing elevators along the length of one side of the building rather than arranging them within a central elevator core. That was also jettisoned.


Ouroussoff didn’t mention the Times Company’s dicey relationship with Forest City Ratner, as reported this month by Editor & Publisher. If FCR is unable to raise sufficient funds, the media company will loan the developer $119.5 million. That suggests that, not only does the Times Company want Ratner projects to succeed, there remains pressure to cut costs in the Times Tower.

Residential experiment

The Beekman Tower (models at right, as provided to the Times) is Gehry's first luxury residential tower. Ouroussoff writes:
Beekman has been an education for Mr. Ratner. Mr. Gehry begins every project by asking questions. Why, for example, do all the apartments have to follow a standard cookie-cutter formula? Do walls have to be flat? Then he churns out dozens of variations on a design before he settles on a final form. Mr. Ratner’s team evaluated each one for cost before Mr. Gehry returned to the drawing board. The back-and-forth went on for more than two years and 70-plus versions.
Until recently a developer like Mr. Ratner might have hired a corporate firm like Skidmore, Owings & Merrill to design the exterior but relied on an in-house architect for the interiors. Mr. Gehry argued that he should mold the inside, too, creating a seamless relationship with the exterior and — not incidentally — branding the interiors with the Gehry name.


For the Atlantic Yards project, the situation is different. Ouroussoff mused last December about whether Gehry would get responsibility to design the interiors in the Brooklyn project, but he does not, in this review, mention that Gehry has been bypassed--even though he was present when Gehry announced that publicly.

AY far trickier

Ouroussoff writes:
Neither the Beekman nor the Times tower can be considered revolutionary work for Mr. Gehry or Mr. Piano. But they do send a message that serious design can emerge from collaborations with mainstream developers. The Atlantic Yards project in Brooklyn, Mr. Ratner’s bid to join the company of the Rockefellers as a major architectural patron, has proved a far trickier proposition than the Beekman building. It is two distinct projects: the proposed arena for the Nets and a cluster of surrounding towers extending from the intersection of Atlantic and Flatbush Avenues, and the 13.6-acre residential development just beyond it in Prospect Heights.

Well, Atlantic Yards is one project in two stages, and will be evaluated and approved as such. Moreover, Ouroussoff offers an incomplete description. The towers surrounding the arena were originally supposed to be office space; now, they would mostly contain housing, so arguably they too could considered part of the residential development. Ouroussoff has not grappled with the question of whether people would want to live in housing right over an arena. As for the Rockefellers, I've already pointed out that Rockefeller Center added a street to the grid, while Atlantic Yards would create two superblocks.

Arena questions

Ouroussoff writes:
For both men the territory is relatively uncharted. Neither Mr. Gehry nor Mr. Ratner has built an arena before, and the advantage of breaking with conventional design may not be immediately obvious, or profitable.

Is this an indirect way of saying this would be the most expensive arena ever?

What about scale?

The critic praises Gehry for his “breakthrough… to nestle the arena in a forest of undulating towers”—but doesn't point out that the towers are undulating less now than they did last year.

Ouroussoff continues:
The scale of the towers has sowed fear of a creeping Manhattanism that could destroy Brooklyn’s human scale. Some residents have complained that the main tower, called Miss Brooklyn by Mr. Gehry, will dwarf the nearby Williamsburg Savings Bank, which at 34 stories remains the most visible marker in the borough’s skyline. But the placement and scale make sense: the skyline’s focus shifts to one of the borough’s most important intersections.

Actually, the designation of the Williamsburgh (with an 'h') Savings Bank as 34 stories is misleading, since the numbered floors begin over a 60 foot banking hall. The building is both tall (512 feet) but modest (distinct setbacks as it rises). Miss Brooklyn would rise 620 feet--a figure Ouroussoff didn't mention--and be more massive. Gehry also calls it "my ego trip."

How can he say the scale of Miss Brooklyn makes sense? It would butt up in one direction against a retail and residential street (Fifth Avenue) of three- and four-story buildings? (Graphic from Brooklyn Views.) Where does he say the scale of the entire project makes sense? Has he tried to grapple with issues of zoning, or the number of people and apartments? Has he acknowledged Gehry's statement that "we're out of whack" with the scale? No.

About that roof

Ouroussoff takes on the reversal of rooftop space from public park to private space:
Alas, Mr. Ratner and the city could not come to an agreement on a proposal to build a public garden on the roof of the arena. Such a space, seemingly floating in the skyline, might have evolved into one of New York’s most original public spaces, but it was considered too costly to maintain or secure. Instead the developer decided that the roof would serve as a private garden and a running track for residents of the nearby hotel and apartment towers.

Too costly to maintain or secure? Ouroussoff didn't emphasize it, but it seems he has some news here. Last fall, Forest City Ratner spokesman Joe DePlasco described it more as a logistical issue, with the switch from office to housing. (That also suggests the space would be a selling point for the housing.) Later, the Times reported that one reason was that it would require "cumbersome safety features." Was that a euphemism for cost?

So why didn’t Ouroussoff mention that the rooftop park was a big selling point for the project, and a subject for Muschamp’s praise. This suggests that, as with the Times Tower, cost questions trump innovation.

The city’s fault?

Ouroussoff punts on an important question:
Such decisions could well determine whether Atlantic Yards will feel like a privileged enclave or belong to the community as a whole. One imagines what might have been possible if the city had the resources or the will to support such a vision.

One imagines what might have been possible had Ouroussoff done his homework. State guidelines call for 2.5 acres of park space per 1000 residents; the city average is 1.5 acres per 1000. As noted, Atlantic Yards would be drastically under that ratio, requiring some 26 acres of open space rather than the promised seven acres. How could the project “belong to the community as a whole”? If the city had the recourses or the will to support a project that would belong to the community as a whole, officials would not have endorsed the project as a done deal back in December 2003.

Designing inside?

Ourousoff continues:
Playing to the architect’s strengths, Mr. Ratner has been more than happy to let Mr. Gehry toy with the residential buildings’ forms. To relate them to the Brooklyn skyline, the architect creates a hierarchy of scales, with the larger, more sculptural towers anchored by smaller blocky buildings.
(July 2005 design at right, as provided to the Times)

But has Ratner been happy to let Gehry toy with the residential interiors? No, but Ouroussoff doesn’t say so. What about his criticism, articulated in a 2004 article in the Los Angeles Times, about how a mismatch of styles and materials "involves a deception."

Ouroussoff continues:
He likes to call the latter his “dumb boxes,” a backdrop for the wilder, more exuberant forms of the taller buildings. The towers, meanwhile, take their cues from existing buildings in the neighborhood, locking the composition into its context. Heeding local protests, Mr. Ratner has lopped several stories off the biggest towers in negotiations with the city, and their scale could probably be reduced still more.

What does he mean by “take their cues from existing buildings”? Is he referring to the setbacks for the towers on four buildings on Dean Street? And what about Gehry's claim that he was influenced by the Brooklyn Bridge--does Ouroussoff see that? (Above, the May 2006 plan)

Heeding local protests?

As for “heeding local protests,” this is perhaps the most disingenuous line in the review, buying into Forest City Ratner’s p.r. that it changed the plan “to better meet the needs of the borough and the surrounding communities." Actually, Ratner didn't lop several stories off the biggest towers; the tallest building, Miss Brooklyn, remains 620 feet, and the second-tallest actually was increased from 510 feet to 511 feet, according to a Forest City Ratner press release.

The project, as has been established, increased in size to 9.132 million square feet from its initial iteration of 8 million square feet, then was reduced by five percent to 8.659 million square feet. No one protesting has called for a five percent reduction. And why didn't the Times show us the current rendering of the project and compare it with the one from last July?

As for “their scale could probably be reduced still more,” what does that mean? Is Ouroussoff making the hardly-radical suggestion that the scale could be reduced to, say, the initial starting point of 8 million square feet. Is he making the hardly-radical prediction that, given that FCR said last month that plans “will continue to change throughout the public review and design process,” the developer will make additional “concessions.” Why not confront the question of "extreme density," with more than twice as many apartments per acre as other large projects?

Street extensions?

Ouroussoff writes:
But the vital question is the experience of the architecture on the ground. The apartment buildings will frame a series of internal courtyard gardens strung out along the length of the residential development, on what is now Pacific Street. Extensions of the surrounding street grid will cut across this main axis, encouraging pedestrians to flow through the site.

How can he call pathways extensions of the street grid? The Community-developed UNITY plan, however, encouraged actual streets. Can he say “superblock”? No. And what about Ouroussoff's previous claim, in his 7/5/05 essay, that "The blocks are then carefully arranged in response to various site conditions, pulling apart in places to frame passageways through the site"?

Rather than the project permeable with traffic and street life, Gehry's superblock plan would more likely accentuate the barrier between four mostly low-rise neighborhoods--Prospect Heights, Fort Greene, Boerum Hill, and Park Slope--that the railyards already present.

A swipe at Olin

What doesn’t Ouroussoff like? The privately-managed open space:
The gardens, designed with the landscape architect Laurie Olin, will be open to the public, one of the project's big selling points. But they are surprisingly conservative. Crisscrossed by meandering pedestrian pathways, they feel more like private enclaves than an extension of the city that surrounds them.

While the critic suggests that part of it could be blamed on Gehry’s experience in the urban planning debates of the 1970s, his description of the “selling points” is again naïve. The open space may be “selling points” in the developer’s public relations, but no matter how it’s designed, it’s way too little.

Rarefied debate

Ouroussoff worries that a more innovative architect
might have chosen, for example, to create a dialogue between the public zones at ground level and the railroad tracks that run beneath part of the site.
The problem is not that Mr. Gehry's layout won't work, and it is a notch above the conventional. But given the clout he has, he had the opportunity to propose a far bolder design. I still hope he will revise the master plan, which is, after all, in the earliest stages.


Earliest stages? It’s been two and a half years. A Draft Environmental Impact Statement is expected soon, and Forest City Ratner says construction could begin in the fall.

Who’s to blame?

Ouroussoff closes by musing on responsibility:
For Brooklyn residents who oppose Atlantic Yards, the Gehry-Ratner partnership is a natural target. But much of their anger should focus on the city and federal governments, which are apparently delighted to give developers responsibility for building and maintaining parks and pedestrian thoroughfares. That decision has changed the character of our cities as much as any single event in the past half century. Once commercial forces rule, such spaces are no longer really public.

The issue isn’t just the private open space and pedestrian thoroughfares. The issue is government officials who support an abdication of democracy because they’re snowed by (take your pick) giant development plans, a professional sports team, and fantasiacal claims of new revenues, with the backup of a legitimately substantial portion of affordable housing (but only achievable via community polarization and an out of scale project).

Project critics and opponents have challenged government agencies and elected officials. Actually, a portion of their anger should be directed at the press, the New York Times in particular. If the government abdicates its role, the role of the press grows more important. Why hasn't the Times analyzed Forest City Ratner's spurious economic projections? Why has it failed to report on the pattern of misleading p.r. brochures, like the one (right) sent last month to Brooklynites? Why did it fail to report on three polls that indicated public dismay with the project? What about the misleading perspectives on the Atlantic Yards site released by FCR?

Indeed, Ouroussoff last year seemed to encourage governmental abdication of oversight, closing his 7/5/05 essay with this line:
It suggests another development model: locate real talent, encourage it to break the rules, get out of the way.

A larger question is why opposition to and criticism of Atlantic Yards should be limited to Brooklynites. While Brooklyn residents may have the most acute understanding of the project, the issues of eminent domain for private development (also used in the Times Tower project), state override of city land use procedures, and a developer's fanciful economic projections deserve attention from citizens and organizations well beyond the borough.

Affordable housing

Ouroussoff writes:
And local activists will have to keep a close eye on the project's promised balance of low-, moderate- and market-rate housing, as the example of Battery Park City, where such promises were never fulfilled, now prove.

Here the critic elides project opponents and local activists. After all, the community group ACORN has signed a housing agreement with Forest City Ratner; they’re activists on housing but contractually required to support the project. One difference between Atlantic Yards and Battery Park City is that, in the latter, the affordable housing was supposed to be paid for by project revenues, not built on site.

Gehry’s responsibility

Ouroussoff continues:
Whatever Mr. Ratner’s ambitions, a mainstream developer is not about to promote radical changes in local housing policy. And Mr. Gehry is an architect, not a politician. But he has a public responsibility to put his formidable talents to full use.

The mainstream developer is doing what needs to be done to get the project built. If Gehry has a public responsibility, why hasn’t he met with the community, and why has he been so combative in public? What does he think about the use of eminent domain?

Joy to the cityscape?

In closing, Ouroussoff writes:
If he succeeds, a measure of joy may well return to the New York cityscape. But success can be elusive in a world where so much of the public realm is blatantly for sale.

What does success mean here? In Ouroussoff’s eyes, it seems like getting Gehry win Ratner's approval to design the interiors of the apartments or to fiddle with the design of open space—not anything macro like slashing the extreme density and and adding significant amounts of open space. If the public realm is “so blatantly for sale,” well, then, why did Gehry accept this client?

As for "joy... to the cityscape," that’s a curious locution. A cityscape is the “a city viewed as a scene.” Ouroussoff seems to be talking about the skyline--after all, that's the headline. But a sculptural skyline would be only part of the project's impact. Given the issues Ouroussoff ignores, the measure of joy for the city itself, especially the Brooklyn neighborhoods around the proposed project, threatens to be far smaller.

Saturday, June 03, 2006

Follow Errol Louis's logic, halve Atlantic Yards density

Daily News columnist Errol Louis (right), a stalwart defender of the Atlantic Yards project, went on the Brian Lehrer Live TV show Wednesday, and for about five minutes of the segment, responded to critics and opponents of the plan, including some issues I raised the week before.

I'll discuss his remarks below, but one surprising conclusion emerges. Louis defended the scale of the Atlantic Yards project by citing the nearby presence of the city's tallest public housing tower. But his citation doesn't so much endorse Atlantic Yards as support a significant reduction in density. Why? Even that tower contains fewer than half the number of apartments per acre as the current Atlantic Yards plan proposes.

Getting to the brochure

At about 10:58 of the show, Lehrer's interview with Louis turned to the Atlantic Yards issue.

BL: Last week on the show we had an opponent of the Atlantic Yards project in Brooklyn, which I believe you support, the arena for the Nets and the 16 high-rise apartment and office buildings. Our discussion revolved mostly around the scale, how immense it is compared to the neighborhood, and the brochure, a promotional flier, and sent to thousands of people in Brooklyn, promoting the idea that, my guest said was “extremely deceptive.” I want to show you why this brochure was described as deceptive, and get your reactions.

On the top, we are looking at pretty much an empty strip of abandoned railroad tracks, and the point of the brochure is to say: "How ugly it is up there, we’re going to turn it into this beautiful thing down here." And it looks like a big park, with some nice red arches or benches or whatever those things are, but it really that's an aerial view of what will be huge towers.

Note that Lehrer didn't mention the fish-eye lens that distorted the photo, suggesting that the railyards--a little more than eight acres of the 22-acre site--would be the dominant element of the footprint. Still, the tone of his voice suggested some incredulity.

EL: It’s a top-down view of the site.

What about the towers?

BL: But it just looks like this big park. Let’s go to the next slide, because the opponents say that, if they were going to be honest, here’s what they should’ve shown, these are two different pictures of the architect’s plans for the site, July 2005 version on top, a version from this month on the bottom, but that this is what was not included in the brochure but should’ve been, in order to tell Brooklyn what this is really going to be, in the middle of their brownstone backyards. What do you think about this?

EL: Two things. One is that, if you were going to show the latter models, you'd probably need as much explanation as if you were going to explain the top-down view that you showed the first time. Because what you've got there are massing models. You’ve got one building that is being dubbed "Miss Brooklyn" that has some design and some shape to it. But the rest of them are what architects call a massing model, where you just try to indicate how much space is under the roof, it doesn’t really talk about the setbacks, it doesn't talk about high it’s going to rise, it doesn't really get into any of that stuff. If you haven’t worked that out, it’s almost just as misleading to sort of throw something in somebody’s face to say "I’m going to put a gigantic block of buildings next to you."

Is Louis suggesting that the brochure was full of explanation of the top-down view? If so, it wasn't. A good part of the space was devoted to stock photos of happy people.

And if releasing the renderings of the project's massing models was misleading, well, then, the public had been misled in December 2003, when the project was announced, and again in July 2005, when new renderings by architect Frank Gehry were released. Or how about all the renderings on AtlanticYards.com?

In other words, Louis apparently thinks the brochure was just fine. Remember, its cover page featured a row of brownstones.

[Update: he indicates below in his comments that his words were limited to the distinction between the massing models and the top-down view. But he took the opportunity to defend, rather than criticize, a brochure with multiple deceptions.]

Appropriate scale?

Louis quickly segued to another point he wanted to make.

EL: The other point, though, when the charge is repeated over and over again that this is out of scale and out of context. It really relies on people not going to the site and not knowing the neighborhood. Now, I’ve lived there for a long long time. My dad bought our house in the 1950s, when those rails looked just like that, by the way.

As I've written, the city never recommended any development for the railyards, mainly because officials had their hands full with other urban renewal projects nearby, within the Atlantic Terminal Urban Renewal Area (ATURA). Now that development in Brooklyn has proceeded, Forest City Ratner may be credited with audacity for its plan, but any open planning process for the railyards likely would have resulted in development proposals. (The ATURA boundaries are in red, while the Atlantic Yards plan is in blue; the AY footprint would overlap partially with ATURA.)

As for knowing the neighborhood, Louis is dismissing many critics, including me, who live much closer to the site footprint than he does.

Given that Louis's biography on the Daily News site says he was raised in New Rochelle, I emailed him to ask him to amplify his statement. His response:
The brownstone on Saint Marks Avenue that I own was purchased by my father in 1956 (six years before my birth) and one or more family members (various aunts, cousins and an uncle) have lived there continuously since then, and it became a hub of parties, Sunday meals, wakes, and other occasions for the Trinidadian side of my family.
I moved into the house in 1985, shortly after graduating Harvard, and have lived there continuously since then (about 21 years). That includes a 2-year stint when my then-fiancee and I juggled ownership of 2 properties in Ft. Greene along with my Crown Heights home.
I assume from the query that you are analyzing the segment frame by frame like the Zapruder film. Kindly send whatever other nit-picks you are thinking about publishing; I'd rather answer them up front than waste your readers' time doing ping-pong after the fact.


So Louis has lived in Brooklyn for a while--but has it made his analysis more accurate?

New high-rises

Lehrer then showed the Gehry rendering (right) of the intersection of Atlantic, Flatbush, and Fourth Avenues.

BL: And here the viewers are seeing another rendition of some of what this might look like. Certainly if you think of that neighborhood in Brooklyn as full of the old brownstones, the question is: Is this in scale with the neighborhood?

EL: In that picture, the glassed in building to the left, if you go a couple of blocks right past that is place called the Atlantic Terminal housing, it’s a public housing building, it’s a 31-story tower. It’s the tallest one in the city’s public housing inventory, it’s the biggest public housing building in New York City. There are 679 people living there. It was built in 1976.

Well, yes, but as the photo shows, it's anomalous among those buildings--the two 15-story towers--constructed contemporaneously in the Atlantic Terminal Urban Renewal Area. More recently, three-story row houses have been built, as well as a mid-rise building like the seven-story Cumberland Gardens, the building directly in front of the tallest tower. Now the Fifth Avenue Committee plans a ten-story building on the last remaining plot.

All those buildings, along with the Atlantic Center and Atlantic Terminal malls, are north of Atlantic Avenue, a major artery that forms the northern border of the proposed Atlantic Yards site. There are row houses on the southern border of the site--there are even row houses within the site footprint.

Half the density

More importantly, that public housing tower, known as Atlantic Terminal Site 4B, occupies 2.02 acres, according to the NYC Housing Authority; its 300 apartments house an estimated 663 residents. (Louis's figure of 679 is equally plausible.) That's 150 apartments per acre. By contrast, as I showed, the current Atlantic Yards plan proposes 311.8 apartments per acre.

Here's another way to look at it. If 15 of the 16 non-arena buildings were residential, and they contained the same number of apartments as Atlantic Terminal Site 4B, the project would involve 4500 apartments, not 6860 units, as currently planned.

Near the hub

EL: This is not just a place where there’s a lot of brownstones. There are tall buildings down there already. There’s the Williamsburgh Savings Bank building, which is the tallest one in Brooklyn, which is down there. Again, the famous ten train lines that all run through there. If you're not from New York and looked at a subway map, you’d think that Atlantic Terminal is the center of the city.

Again, the bank is north of Atlantic Avenue, as is Atlantic Terminal, the transit hub below the mall.

BL: Because every subway line stops there.

EL: Plus a couple of commuter lines.

Yes, there's an argument for density at a transit hub, but how much? And the project extends pretty far--the eastern half of the site footprint is hardly near Atlantic Terminal.

Squandered opportunities?

EL: I think the question is, there are critics who really just don’t want any project there at all, and they often don’t come out and say it, but that happens to be true. I think the real question about density is: how much density, should we do it, who wants it to happen and how do we bargain over it? But the opportunity to bargain about it—and this was a project that was first announced three years ago--as lost, squandered by many opponents of the plan, who decided the best way to proceed was to throw up a lot of roadblocks, and adopt an adversarial stance--

The opportunity to bargain was squandered? What about the very mainstream Community Boards, who have protested to Forest City Ratner that they shouldn't be described as helping craft the Community Benefits Agreement, because "we were invited to play a limited role that ended months before the agreement was signed when some eventual signatories barred us from attending the working sessions."

And what should have been the subject of bargaining? Density should be determined by zoning, but the city agreed to let the Empire State Development Corporation manage the project and override zoning.

As for the critics "who just don’t want any project there at all," well, there may be some, but Develop Don't Destroy Brooklyn and other groups all endorsed the UNITY plan, a community-derived set of guidelines for building over the railyards.

For the record, the plan was announced in December 2003, about two-and-a-half years ago, not three. (I made a small error or two like this when I was on the show.)

Extell dismissed

BL: They do have an alternative plan: the Extell plan, which is still some high-rise, still an arena for the Nets, but more in scale with the neighborhood.

Lehrer was in error. The Extell plan, which was based in part on the UNITY plan, involved only housing over the railyards, not an arena.

EL: The Extell plan is a non-starter. Aside from the fact that the state, which controls much of the land, the Empire State Development Corporation, rejected that plan. The plan’s developer is not fighting for a seat at the table. That’s a dead letter at this point. I mean, the smart thing would be to sit down and negotiate and try and change the plan, not pretend to change it when you actually want to kill it.

The Metropolitan Transportation Authority, not the ESDC, rejected Extell's plan; actually the ESDC will be considering the Extell plan as an alternative in the environmental review. Extell bid $150 million for the railyards, while Forest City Ratner bid $100 million. As for "not fighting for a seat at the table," why should Extell do so--the RFP for the railyards was announced 18 months after the Atlantic Yards plan was announced and heralded by the city's leaders.

Thinking about density

As for negotiation, where's the level playing field? For one thing, those debating about this project can't even agree on how to talk about scale and density. Forest City Ratner's Jim Stuckey talks about the Downtown Brooklyn plan. Louis brings up the scale of bank tower and the public housing tower.

No, the neighborhood's not all brownstones, but even architect Gehry has said "everything we’re building is out of scale with the existing area." But density is defined less by the height of buildings but by the future population, and the number of apartments serves as a rough proxy. By citing the 300-apartment tower on two acres, Louis has unwittingly furthered the argument for drastic reductions in the scale of the project.

Friday, June 02, 2006

Rereading Ouroussoff on AY and Gehry: reinventing Brooklyn or flawed process?

This is the second part of a two-part look at the appraisals by New York Times architecture critics of Frank Gehry's evolving Atlantic Yards design, and also at some of their other Gehry coverage.

As noted yesterday, both Herbert Muschamp and Nicolai Ouroussoff have enthusiastically, even rapturously, endorsed the design by Frank Gehry (right), all the while making fundamental errors in describing the site, failing to add important context about scale and density, and failing--completely in Muschamp's case, partly in Ouroussoff's case--to acknowledge Forest City Ratner's lousy architectural track record in Brooklyn.

A critic has called Ouroussoff (right) "Herb Jr.," and the two share some critical tendencies; Ouroussoff's piece on the Atlantic Yards plan was only marginally less hyperbolic than Muschamp's gush. His past coverage of Gehry, though, has been slightly more mixed; the critic has enthusiastically praised the architect, but also offered some gentle criticism.

Absent from Ouroussoff's coverage of Atlantic Yards is the critic's previous effort, while he was at the Los Angeles Times, to question Gehry's mega-project method in Brooklyn. Also absent is Ouroussoff's willingness, in Los Angeles, to address some of the social questions that Muschamp ignored. Indeed, in a 4/4/04 article in the LA Times headlined "Grand plans, flawed process," Ouroussoff zeroed in on a battle for the downtown cultural core. He criticized a planning committee for its "insistence on placing commercial interests above cultural and social values," and lamented that it "refused to allow teams to submit the kind of detailed urban planning proposals that could spark an intelligent discussion of the site's future."

It sounds like he was channeling Develop Don't Destroy Brooklyn, but that was before he moved to New York. Ouroussoff hasn't raised such questions in his writings to date about Atlantic Yards; will he do so in the future?

Offering a hint

A little more than two weeks before he assessed the Atlantic Yards plan, Ouroussoff hinted at familiarity with Gehry's new design. In a 6/19/05 Critic's Notebook essay headlined When the Stadium Makes a Statement, the critic offered some harsh criticism: the recently abandoned plan for a Jets stadium in Manhattan and the new Yankee Stadium in the Bronx were designed to the standards of a second-rate suburban office park.

After surveying some sports facilities in Europe, he returned to New York, criticizing the new stadiums for the Yankees and Mets, and then added a contrast:
If a new model is ever going to emerge, it may well be in Brooklyn, where Frank Gehry is designing a stadium for the Nets that will be embedded in layers upon layers of housing.
Mr. Gehry may have the right idea: rather than tinker with the formula, bury it.


Note that Ouroussoff didn't acknowledge that, as presented initially, the arena was to be embedded in office towers. Does the switch from office space to housing around an arena make a difference, in terms of traffic or the occupants' esthetic experience? He didn't speculate.

Second, note that Ouroussoff, as did Muschamp, mistakenly identified the arena (an enclosed facility, with a floor or rink) as a stadium (a larger structure, usually open-air, with a field).

Plan debuts

The new Gehry plan, which was provided exclusively to the Times, made the 7/5/05 front page; Ouroussoff's appraisal, headlined Seeking First to Reinvent the Sports Arena, and Then Brooklyn, appeared on the front of the Metro section. He wrote:
Frank Gehry's new design for a 21-acre corridor of high-rise towers anchored by the 19,000-seat Nets arena in Brooklyn may be the most important urban development plan proposed in New York City in decades. If it is approved, it will radically alter the Brooklyn skyline, reaffirming the borough's emergence as a legitimate cultural rival to Manhattan.

He thus endorsed an urban development plan that emerged from a developer and an architect, rather than any democratic planning process. That runs counter to his above-referenced piece in the LA Times. It also implies that Brooklyn needs Gehry for cultural heft more than Ratner needs Gehry to work a development deal.

Ouroussoff continued:
More significant, however, Mr. Gehry's towering composition of clashing, undulating forms is an intriguing attempt to overturn a half-century's worth of failed urban planning ideas. What is unfolding is an urban model of remarkable richness and texture, one that could begin to inject energy into the bloodless formulas that are slowly draining our cities of their vitality. It is a stark contrast to the proposed development of the West Side of Manhattan, where the abandoned Jets stadium was only the most visible aspect of what seemed doomed to become another urban wasteland.

OK, Ouroussoff isn't his predecessor's clone, but his praise for "undulating forms" suggests a criticism for the "big cube buildings" that Muschamp had lauded. Or was Ouroussoff simply writing about the slanty buildings at the western end of the the project?

While Ouroussoff praised the "energy" of Gehry's design, he ignored questions of extreme density and traffic, which could themselves drain Brooklyn of its "vitality."

Not a superblock?

Ouroussoff continued:
From the dehumanizing Modernist superblocks of the 1960's to the cloying artificiality of postmodern visions like Battery Park City, architects have labored to come up with a formula for large-scale housing development that is not cold, sterile and lifeless. Mostly, they have failed.

As noted, the critic made a distinction between superblocks and developments that may look like superblocks but, in his judgment, apparently do not qualify as such. Also, in a public appearance in January, Ouroussoff denied that the project contained a superblock, even though it meets the definition.

In describing the need for a "formula for large-scale housing development," Ouroussoff again didn't acknowledge that the buildings around the arena were initially intended to be offices.

As for Battery Park City, does Ouroussoff's criticism extend to the park space there? He didn't say. After all, it was designed by Laurie Olin, who's designing the open space for the Atlantic Yards project.

About the arena

After praising the design of the arena, Ouroussoff continued:
Such touches reaffirm that Mr. Gehry, at 76, is an architect with a remarkably subtle hand. Yet what makes the design an original achievement is the cleverness with which he anchors the arena in the surrounding neighborhood. Located on a triangular lot at the intersection of Atlantic and Flatbush Avenues, the arena's form is buried inside a cluster of soaring commercial and residential towers. At certain points the towers part to reveal the arena's bulging facade behind them. Pedestrians would be able to peer directly into the main concourse level, creating a surprising fishbowl effect.

Anchor? The “triangular lot” would be created by combining three existing blocks into a superblock, closing the streets. Note that Ouroussoff didn't mention the now-private rooftop space, lauded in the initial review by Muschamp. Maybe he didn't know; the privatization wasn't officially announced until September. Will he write about this again?

Respect or "ego trip"?

Ouroussoff continued:
The tallest of the towers, roughly 60 stories, would echo the more somber Williamsburgh Savings Bank Tower, now the borough's highest building. A cascading glass roof would envelop a vast public room at the tower's base, so that as you arrived by car along Flatbush Avenue, your eye would travel up a delirious pileup of forms, which become a visual counterpoint to the horizontal thrust of the avenue.

Unlike Muschamp, Ouroussoff at least acknowledged that this project would not occur in a vacuum but would be built near the iconic Williamsburgh Savings Bank (which is not only somber but also rather graceful, given its several setbacks). What did he mean by echo? As we now know, he also could have written that the tallest tower would "block the clock" of the bank. Gehry calls the tallest building Miss Brooklyn and "my ego trip."

As for the "public room," Ouroussoff didn't explain that what's now called the "urban room" would also serve a commercial role as a box office. So its "public" nature would be incomplete.

As for "a delirious pileup of forms," in hindsight, Ouroussoff's enthusiasm looks misplaced; Gehry, in designs released last month (right) has since made the towers look more conventional. And the critic didn't acknowledge that arriving by car along Flatbush Avenue could prove dicey if the project creates giant traffic jams, as is broadly feared.

View corridors

He continued:
The striking collision of urban forms is a well-worn Gehry theme, and it ripples through the entire complex. Extending east from the arena, the bulk of the residential buildings are organized in two uneven rows that frame a long internal courtyard. The buildings are broken down into smaller components, like building blocks stacked on top of one another. The blocks are then carefully arranged in response to various site conditions, pulling apart in places to frame passageways through the site; elsewhere, they are used to frame a series of more private gardens.

Again, Ouroussoff didn't mention the superblock issue. Also, in hindsight, his enthusiasm again looks misplaced. Gehry has since revised the plan to create new view corridors through the site, as noted in the revised layout (below).

Inside knowledge?

Ouroussoff then wrote:
Mr. Gehry is still fiddling with these forms. His earliest sketches have a palpable tension, as if he were ripping open the city to release its hidden energy. The towers in a more recent model seem clunkier and more brooding. This past weekend, a group of three undulating glass towers suddenly appeared. Anchored by lower brick buildings on both sides, they resemble great big billowing clouds.

This past weekend? The public wasn't given any picture of Gehry's work process; Ouroussoff seemed to signal that he had been receiving periodic updates of Gehry's designs. Does that make him a diligent critic or a privileged one? Or both? Would he maintain such access if his review had been harsh?

Ouroussoff continued:
Anyone who has followed Mr. Gehry's thought process understands this back-and-forth. It is his struggle to gain an intuitive feel for the site, to find the ideal compositional balance between the forms. The idea is to create a skyline that is fraught with visual tension, where the spaces between the towers are as charged as the forms themselves. That tension, Mr. Gehry hopes, will carry down to the ground, imbuing the gardens with a distinct urban character. In this way, he is also seeking to break down and reassemble conventional social orthodoxies.

At least the critic didn't suggest, as Gehry later did, that the design was inspired by the Brooklyn Bridge.

Knocking Jane Jacobs

Then Ouroussoff took a shot at Jane Jacobs:
There are those -- especially acolytes of the urbanist Jane Jacobs -- who will complain about the development's humongous size. But cities attain their beauty from their mix of scales; one could see the development's thrusting forms as a representation of Brooklyn's cultural flowering.

After Jacobs's passing in April, Ouroussoff criticized her again, in what seemed to be a veiled defense of the Atlantic Yards plan.

But the critic made no attempt to assess the appropriate size for the project. He didn't look at zoning. He didn't compare the number of apartments to other major projects.

In a letter published in the 7/11/05 edition of the Times, sociologist Nathan Glazer challenged Ouroussoff, saying he was:
engaged in a misguided war with Jane Jacobs: there is no ''quaintness'' in the ''Jane Jacobs-inspired vision of New York.'' She examines what makes cities attractive, livable, desirable, humane and productive.
Mr. Ouroussoff is revealing a taste for the huge and grotesque, and for projects that will certainly add to the unlivability quotient, even in New York City. A crowd of 37- to-47-story residential towers is proposed to replace an area of 3- to-6-story buildings built up over the years.
The towers are not improved by the architect Frank Gehry's outlandish notion of slanting them so they look as if they are ready to tip over, which I assume is what attracts Mr. Ouroussoff. Ms. Jacobs was attacking ''catastrophic'' development, the erasing of history and complexity by master conceptions, the obliteration of the multifarious city at one blow by a massive single use.


Neighborhood context?

Ouroussoff continued with effusive praise:
What is more, Mr. Gehry has gone to great lengths to fuse his design with its surroundings. The tallest of the towers, for example, are mostly set along Atlantic Avenue, where they face a mix of retail malls and low-income housing. Along Dean Street, the buildings' low, stocky forms are more in keeping with the rows of brownstones that extend south into Park Slope.

Low, stocky forms? The buildings are hundreds of feet tall; as I noted, one of the Dean Street structures, 487 feet last year, would now be 322 feet. Even if Ouroussoff was referring to the buildings in the eastern segment of Dean Street, his enthusiasm, in hindsight, seems even more misplaced. One key design change in the newly-released renderings shows that four buildings on the eastern side of Dean Street would more distinct setbacks, in an attempt to fit in with the lower-scale neighborhood.

As for fusing the design with its surroundings, Gehry in January acknowledged that the project would be significantly out of scale with its neighbors.

He was once skeptical

Ouroussoff's enthusiasm is curious, since in a 5/10/04 piece in the LA Times headlined “Gehry piles on the ideas in MIT design,” the critic mused on the challenge of designing big projects like Atlantic Yards, and offered a criticism:
In grappling with these bigger projects, Gehry reverts to a strategy whose origins are rooted in the Postmodern movement and have since been picked up by mainstream mall developers. Huge, monolithic developments are broken down into discrete forms; a big building is made to look like a collection of smaller buildings. In a show of respect for historic context, these forms often pick up their stylistic cues from the existing historical context.
The problem with this strategy is that it involves a deception. Rather than reveal conflict, it tends to gloss over it. The mismatch of styles and materials begins to look decorative, and the cumulative effect looks less like an act of social criticism than a capricious architectural fantasy. In Gehry's case, it can also look like a parody of his own work. This is the problem at Stata. Its social aims are noble, but as an urban composition, it is too safe.


When he got to the New York Times, however, Ouroussoff abandoned that skepticism. Gehry said in a 7/5/05 news article in the New York Times, headlined Instant Skyline Added to Brooklyn Arena Plan:
Although the fanciful shapes Mr. Gehry has designed at this point are preliminary, he said, he plans to work with a variety of materials and designs so that the development seems more like an organic city, and less like a single-vision project like Rockefeller Center.

And Ourossoff wrote that day, as noted above: The buildings are broken down into smaller components, like building blocks stacked on top of one another. So much for the "deception," as he had written a year earlier of "a big building... made to look like a collection of smaller buildings."

Slight skepticism

Ouroussoff did offer a whiff of skepticism in his essay:
A more important issue, by contrast, is the site's current lack of permeability. Because the development would be built on top of the Atlantic Avenue railyards, the gardens are several feet above ground level, an arrangement that threatens to isolate them from the street grid.

Still, however, the critic made a key error. His language implied that the development would be built solely on top of the railyards, rather then over and around them. As noted, the railyards would be a little more than one-third of the site footprint, and the Times has published one correction about this (but refused others).

The great man plans

After acknowledging the importance of a balance regarding the gardens, Ouroussoff wound up with a flourish:
Even so, Mr. Gehry's intuitive approach to planning -- his ability to pick up subtle cues from the existing context -- virtually guarantees that the development will be better than what New Yorkers are used to. The last project here that was touted as a breakthrough in urban planning was Battery Park City. As it turns out, it was as isolated from urban reality as its Modernist predecessors. Conceived by a cadre of government bureaucrats and planners, it produced a suburban vision of deadening uniformity.

Well, whatever the criticism of Battery Park City (which, after all, is isolated by the West Side Highway), it contains much more park space per person and avoids the creation of superblocks. And Ouroussoff's praise sounds very much like what the Project for Public Spaces warned of when the Times began searching for Muschamp's successor: the "heroic ideal of the architect as master." His dismissal of "government bureaucrats and planners" runs counter to his previous call, while writing in Los Angeles, for balance.

Why Gehry?

Ouroussoff gave a slight nod to FCR's track record:
By comparison, Forest City Ratner Companies, a relatively conventional developer known for building Brooklyn's unremarkable MetroTech complex, has seemingly undergone an architectural conversion, entrusting a 7.8-million-square-foot project to a single architectural talent who is known for creating unorthodox designs.

But he didn't mention Forest City Ratner's more recent buildings, including the much-criticized Atlantic Terminal and Atlantic Center malls, both close to the proposed Atlantic Yards footprint. He didn't point out that the selection of Gehry might have been an effort to inoculate the project against criticism from the culturati.

Nor did he mention--perhaps Gehry hadn't articulated it yet--that the architect was not so much entrusted to design the whole project, but required to do so. Gehry said in January that he normally would've brought in five other architects to ensure that the complex "doesn’t look like a project," but the client said no.

"No small miracle"?

Ouroussoff's conclusion:
It seems like a gutsy decision. But Bruce C. Ratner, the company's chief executive and the development partner of The New York Times in building the newspaper's new headquarters in Manhattan, has apparently realized that the tired old models are no longer a guarantee of cultural or financial success. He seems willing, within limits, to allow Mr. Gehry the freedom to play with new ideas.
This is no small miracle. Even in this early stage of development, the design proves that Mr. Gehry can handle the challenge better than most. His approach is a blow against the formulaic ways of thinking that are evidence of the city's sagging level of cultural ambition. It suggests another development model: locate real talent, encourage it to break the rules, get out of the way.


But the critic didn't acknowledge that "break the rules" also applies to issues like public input and public oversight. Or that Gehry has never met with the public.

Another look?

Will Ouroussoff address the plan again? It's likely, given that three other architecture critics have already weighed in, and not so flatteringly. Will he acknowledge how the "delirious pileup of forms" has become less delirious? Will he acknowledge that even Gehry didn't like the way his designs appeared in the Times last July? Will he cite the derisive and dismissive attitudes displayed by Gehry and landscape architect Laurie Olin (right) in media appearances a few weeks back?

Will he attempt to address the appropriate scale of the project? (After all, Gehry said in January, "I think the scale issue is the only problem, we're out of whack with that.") Will he acknowledge the huge controversy in Brooklyn? Will he again bash Jane Jacobs and invoke Robert Moses? If so, will he explain his criteria for public participation in planning, and why it's not needed here? Heck, will he describe the site footprint correctly?

What about the towers?

Will Ouroussoff deal with the developer's deceptions? After all, if Forest City Ratner believed in the project so much, why would they try to hoodwink Brooklyn with a brochure that somehow ignored the towers? And if Gehry's plan would reinvent Brooklyn, shouldn't we be told how that might work?

What about the internal space?

On 12/28/05, in an interview on the Charlie Rose show, Ouroussoff wondered about the relationship between architects and developers:
Are they only there to be able to kind of decorate buildings, to make them more appealing to the public, or to raise their value basically and put more money in the pockets of their developers? Or are they actually there to rethink the way most of this work is done? And I think, if you look at Frank Gehry's project for example for Bruce Ratner in Brooklyn, where he's dealing with an arena and a lot of residential space. We all know that Frank Gehry can make very pretty forms. He has an incredible sense of scale, of massing, he'll make the buildings somehow relate to what's around them, he understands context.
The question is, for me, is he going to be able to deal with the things that traditionally developers might not let him play with. For example, the social organization of the apartments inside. The relationship of the project to the context around it, in terms of the ground plan.


Note that Ouroussoff considered it a given that the buildings would "somehow relate to what's around them." As noted, Gehry later said "it's coming way back," but, after the project was reduced by only five percent, has since amended his rhetoric. As for the "social organization of the apartments," Gehry responded no, that it's up to the developer, and "it's fairly conventional." Will Ouroussoff register his disappointment? Will he track down Fred Kent, who quoted Gehry as having said, "I don't do context"?

The critic & Gehry: a look back

As a critic for the Los Angeles Times, the dominant newspaper in Gehry's home city, Ouroussoff, before coming to the New York Times in 2004, had numerous chances to assess Gehry's work and to interact with the architect. In a profile in the 1/9/05 New York Times headlined "Mr. Gehry Builds His Dream House," Ouroussoff noted that Gehry “has been showing me various models of the house for nearly two years.” While Ouroussoff hasn't reported on social interactions with his subjects the way Muschamp did, Ouroussoff’s friendly treatment of the architect, defending him from critics at the Times Talk discussion in January, wouldn't be something you'd expect from another Times critic, say book critic Michiko Kakutani.

Ouroussoff has offered muted praise for some of Gehry's works. For example, in that 5/10/04 piece in the LA Times headlined “Gehry piles on the ideas in MIT design,” the critic wrote of a new building in Cambridge:
The sparks fly, but the end result seems forced, more a caricature of urban complexity than a textured architectural experience.

On planning

Ouroussoff's 4/4/04 article on city planning in Los Angeles deserves a closer look, since it champions a public responsiveness absent in Brooklyn. He wrote provocatively:
If Gehry's Disney Hall set a new standard for the avenue's future, the current process represents a return to mediocrity. As a government-appointed entity, the Grand Avenue Committee's main responsibility is to balance the interests of private development and the public good. Instead, the committee has repeatedly pushed aside cultural concerns. In a striking display of narrow-minded thinking, it has told developers that the selection will primarily be made according to financial -- not design -- criteria. And it has refused to allow teams to submit the kind of detailed urban planning proposals that could spark an intelligent discussion of the site's future.
…U.S. planning agencies have relinquished much of their power to private interests. The result is that architecture is being reduced to its most superficial function -- decorative packaging for what are often crude and unimaginative development strategies.
…Architects, planners, developers and government officials should share an equal voice in an open, public process... [The committee] must solicit a range of ideas for the site. And it will have to encourage the kind of spirited debate that such a major project demands. The failure to do so should be considered a betrayal of the public trust.


Disney Hall

In a 10/19/03 LA Times piece headlined “A Reflection of the City Around It,” Ouroussoff praised Gehry’s Walt Disney Concert Hall:
Its success affirms both Gehry's place as America's greatest living architectural talent and Los Angeles' growing cultural maturity.

Not everyone fully agreed with the critic's appraisal. A letter published 10/25/03 pointed out that, contra Ouroussoff’s description of the all-around sightlines within Disney Hall, the interior is not a "model of egalitarian values," because “legroom and the chairs themselves are far more cramped in the terrace sections.”

A dicey development deal

An 8/12/01 article in the Los Angeles Times was headlined “A Sinking Feeling in the Wetlands,” with the subhead “Frank Gehry's Playa Vista work may not harm Ballona wildlife directly. But it does lend credibility to development that will do damage.” Ouroussoff wrote about how Gehry had been picketed for his involvement in “the Playa Vista development, a 1,087-acre residential and commercial project set amid the Ballona Wetlands near Marina del Rey.” While Gehry’s commission was limited to 60 acres that was already zoned for industrial use, Ouroussoff acknowledged:
Gehry's reputation lends the entire project an air of respectability. In effect, he gives Playa Vista the imprimatur of the architectural and artistic establishments--communities one traditionally associates with high ideals.

The architect's responsibility

So, the critic asked, where does the responsibility of the architect begin? He pointed out:
In truth, by the time the architect arrives on the scene, most of the critical decisions about a building's place in the larger urban fabric have already been made.

Ouroussoff did acknowledge that Rem Koolhaas manages to undertake “an aggressive, often critical analysis of its identity and function” before he takes on a project, even though he can’t choose his projects. As for Gehry, the solution has been simply to turn down or walk out on projects. But the critic offered an explanation:
At Playa Vista, however, Gehry saw a genuine opportunity….Gehry's challenge will be to try to find out if he can create important architecture despite such limitations--to prove that even a low-cost, large-scale development doesn't have to be a blot on the city's landscape.

Lending credibility

Ouroussoff acknowledged the complexity of the issue, and gave Gehry a partial pass:
Gehry is also right in stressing that his project will have little effect on the ultimate fate of the wetlands…But in the short term, Gehry cannot avoid the fact that his name will lend credibility to a development that will do irreparable harm to the city's natural environment. So what should Gehry do? It is too late to simply walk away from the project. He has already completed the design of three buildings; he is under contract to design the fourth. But Gehry could still abandon his plan to move to Playa Vista, an act that would give powerful ammunition to the environmentalists' cause.

And what if Gehry stuck with it?
If not, Gehry's best hope is that over time his designs will stand on their own merit, that the accomplishment of transforming what might have been a mundane development into something of lasting cultural value is enough. Finally, he can pray that an educated public doesn't take his association with Playa Vista as a ringing endorsement of the controversial housing development going up next door, let alone of the destruction of the fragile wetlands underneath it. It's a loser's game.

A letter-writer in the 8/19/01 issue countered: “Let's be honest. Gehry knowingly sold out to cronyism.”

Gehry walked

What happened? A 10/28/04 LA Times article headlined "Mr. Gehry's neighborhood" reported:
At one stage, Gehry was enmeshed in that controversial development project, with a planned office for his firm amid other buildings his shop would design. As the project scaled down under activists' pressure, Gehry walked away with the developer's assent.

Would Gehry leave the Brooklyn project? He's defended it vigorously, though he did say in January, "I think if it got out of whack with my own principles, I would walk away... It's not there yet, but maybe you think I should be there."

But maybe he doesn't want to stay beyond the arena and first few towers anyway--he's got lots of commissions and already told his client he'd typically bring in five other architects. Wouldn't it be ironic if the project gets approved, thanks in part to the starchitect's participation, and then Gehry left?

Gehry's background

Was it cordiality or just poor judgment that led Ouroussoff, in a 4230-world profile of Gehry in the 10/25/98 LA Times Magazine, to report that “Frank Owen Gehry was born on Feb. 28, 1929, in a working-class Jewish neighborhood of Toronto.”

As several far more brief profiles published prior to that date acknowledged, Gehry in the mid-1950s changed his name from Goldberg. An article in the 2/21/88 edition of Ouroussoff's own LA Times even pointed to a catalogue essay on Gehry’s work discussed the architect’s regret at changing his name.

Gehry as savior?

Has Ouroussoff, like Muschamp, given Gehry too much credit for Bilbao? In his 4/4/04 essay in the LA Times, Ouroussoff also described Gehry as a savior:
Gehry's Guggenheim Museum in Bilbao was completed within the proposed budget. It has single-handedly transformed a cultural backwater into one of the world's most-visited cultural destinations.

But that's not the full story, and it represents an example of what the Project for Public Spaces called the "heroic ideal of the architect as master." In Architectural Record, James Russell cited a much broader civic effort:
A program of public investment in airports, a subway, and other cultural facilities reinforced the job the museum did of putting the city on the map.

Indeed, in a 10/22/99 profile in USA Today headlined “The new Frank Lloyd Wright?” Gehry himself deflated the praise for Bilbao:
For one thing, he says, Bilbao resulted from a unique confluence of factors, including a dynamic museum director, a plethora of new building projects in the city and the keen desire of Basque officials for a world-class design. "Believe me, you can't just go and make another Bilbao without having all the ducks in a row," Gehry says.

In Brooklyn, there are ambitious public officials, several new building projects, and an intermittent push for world-class design. But there's been an absence of the public planning that Ouroussoff, writing from Los Angeles, considered vital to the public trust, and the project has galvanized criticism. The ducks may be assembling, but the traffic is heavy.

Thursday, June 01, 2006

Rereading Muschamp on AY and Gehry: the "Garden of Eden" wilts

This is the first part of a two-part look at the appraisals by New York Times architecture critics of Frank Gehry's evolving Atlantic Yards design, and also at some of their other Gehry coverage.

Architecture may be "the only art form we still battle over," according to the 5/21/06 New York Times Magazine, but there's been little sign of battle in the appraisals of the Atlantic Yards plan by the Times's two architecture critics. Both Herbert Muschamp (right) and his successor Nicolai Ouroussoff have enthusiastically, even rapturously, endorsed Frank Gehry's design, meanwhile making fundamental errors in describing the site, failing to add important context about scale and density, and failing--completely in Muschamp's case--to acknowledge Forest City Ratner's poor architectural track record in Brooklyn.

Heralding the project's announcement Muschamp's 12/11/03 essay, headlined Courtside Seats to an Urban Garden, undoubtedly gave the project a huge boost. Indeed, his rapturous lead sentence--"A Garden of Eden grows in Brooklyn"--was deployed by Forest City Ratner in a flier mailed to hundreds of thousands of Brooklynites over the Memorial Day weekend in 2004.

Note that the developer did not attribute to the quote to the critic himself, but gave the impression that it was the Times's editorial voice. None of the New York daily newspapers analyzed the flier, though the Brooklyn Papers did offer a 6/5/04 piece headlined Nets’ Cracker Jack mailer.

The distinction between critic and editorial voice is important, because Muschamp has had a notably cozy relationship with the architect. Moreover, Muschamp failed to disclose both the parent Times Company's connection to Ratner and his own connection to the developer.

Muschamp and Gehry

Muschamp, critic from 1992 to 2004, was known (and derided) for focusing on certain starchitects. While Gehry (right) was already a success, Muschamp's 9/7/97 Times Magazine cover story, headlined The Miracle in Bilbao, lifted the architect to the stratosphere on the wings of his new Guggenheim Museum. (It has some detractors.) Muschamp seems to have arrived at a default pro-Gehry position; as he said in the recent documentary "Sketches of Frank Gehry":
"This is the only history that we’re going to be living in, ok, this is the one. You can read about the ones that came before, this is the one that’s happening now. And fortunately, there are a few people who understand how to respond to these challenges, and Frank Gehry is one of them. There’s only so much that architecture can do, but what he’s serving is the 'so much,' and trying to realize it."

I'll detail more about Muschamp below, but let's reexamine his Atlantic Yards review; the flaws in his judgment grow larger in hindsight.

Rapture grows in Brooklyn

Even though the initial Atlantic Yards plan was preliminary, Muschamp's review was an unqualified--and unreflective--rave. It began:
A Garden of Eden grows in Brooklyn. This one will have its own basketball team. Also, an arena surrounded by office towers; apartment buildings and shops; excellent public transportation; and, above all, a terrific skyline, with six acres of new parkland at its feet. Almost everything the well-equipped urban paradise must have, in fact.

He offered no reflection on the impact of development on "paradise": could the increased density cause traffic jams and overwhelm the transit system, as some Brooklynites fear? Would the "parkland" (actually, publicly-accessible but privately-run open space) be sufficient for the new population or, as has been established, would it be far less than state guidelines and the city average? (The discrepancy has become even greater under the current plan.)

Muschamp continued:
Designed for the Brooklyn developers Forest City Ratner Companies by Frank Gehry with the landscape architect Laurie Olin, Brooklyn Atlantic Yards is the most important piece of urban design New York has seen since the Battery Park City master plan was produced in 1979.

Unmentioned was that the Battery Park City master plan was produced before a developer was chosen, while the Atlantic Yards design was formulated by a developer and architect and presented to the public. Muschamp didn't tell his readers that Forest City Ratner had a checkered track record architecturally in Brooklyn; the Atlantic Center mall (right) was pronounced by architectural historian and critic Francis Morrone in The New York Sun (ABROAD IN NEW YORK, 2/23/04) "the ugliest building in Brooklyn." (Morrone has since joined the Develop Don't Destroy Brooklyn advisory board.)

Rockefeller Center?

Muschamp continued:
So what isn't contingent in Eden? Or in New York? I would say that the city's future needs urbanism of this caliber at least as much as this example of it requires the support of New York. Those who have been wondering whether it will ever be possible to create another Rockefeller Center can stop waiting for the answer. Here it is.

Another Rockefeller Center? As noted, the Atlantic Yards plan demaps city streets and creates a superblock, while Rockefeller Center (right) actually added a street, creating more liveliness for pedestrians. Muschamp, shamelessly, had it backwards.

Not an "open railyard"

Muschamp then erroneously described the footprint:
The six-block site is adjacent to Atlantic Terminal, where the Long Island Rail Road and nine subway lines converge. It is now an open railyard.

This is a key error, which the Times has refused to correct. The railyard would occupy only a little more than a third of the site footprint. Did Gehry, who has described the footprint as "an empty site," get it wrong and tell Muschamp? Did the critic succumb to misleading Forest City Ratner p.r.? Or did he simply never cross the river to see Brooklyn?

Public process?

Muschamp continued:
Individual buildings can be useful barometers for measuring a changing cultural climate. But a large-scale urban development offers a different opportunity. Critical mass enables planners to rethink how communities want to live.

The critic glossed over the lack of public process behind this project. Yes, planners can rethink how communities want to live, but there's been no planning for the site. No RFP for the railyard was issued until 18 months after the project was announced. Because the project is proceeding under the auspices of the Empire State Development Corporation, the state agency avoids the city's land use review process and overrides zoning.

Muschamp took a swipe at process behind local planning:
It has been almost a quarter-century since Battery Park City was planned. In 1979, New York was still reeling from the fiscal crisis. The city's architects sought to recapture a sense of stability that they associated with the past.
That outlook has by no means vanished. It is kept alive by local community boards for whom retro design signifies a means of preventing development from disrupting their lives. Yet this stagnant approach disturbs the continuity that results when succeeding generations accept responsibility for interpreting their relationship to changing time.


His point is worthy of discussion, but it's at least partly belied by recent history; the city had already begun rezoning Downtown Brooklyn, part of some major changes, both upzoning and downzoning, achieved with the input of local community boards. Those boards weren't responsible for the lack of plans for the railyard site; that was more a city responsibility.

As for "succeeding generations," Muschamp seems to be providing some sort of world-historical explanation for a Forest City Ratner real estate deal that involves a famous architect to help gain favor with the local community. Couldn't it also be argued that the Atlantic Center mall also represents an example of "succeeding generations accept[ing] responsibility for interpreting their relationship to changing time"?

Sculptor or planner?

The critic continued:
Brooklyn Atlantic Yards reflects a city that has regained its faith in the future and no longer regrets its place in the present. Part of Mr. Gehry's genius is to synthesize and reimagine familiar elements of the existing cityscape. He has a sculptor's eye for the shapes of the skyline. He draws freely on the traditions of perimeter block building and of the garden city model.

Yes, Gehry's a sculptor, as noted in the recent documentary about him, but is he an urban planner? Muschamp didn't acknowledge the architect's paucity of experience in such tasks.

Office towers?

Muschamp continued:
Because of triumphal landmarks like the Guggenheim Museum in Bilbao, Spain, and the Walt Disney Concert Hall in Los Angeles, Mr. Gehry's name has become virtually synonymous with the Wow Factor. The Brooklyn project will not disappoint wow-seekers. Most of the exclamation marks are packed at the western edge of the site. The design's most exceptional feature is the configuration of office towers surrounding the arena. This is dramatic urban theater, and a reminder that Wows were at the heart of Baroque urbanism.

The critic's enthusiasm must be tempered by hindsight; the four buildings surrounding the arena now would contain more housing than office space. A critic now should muse on whether people would welcome living next to an arena, with its noise and crowds and neon.

The stadium and the park--not

Muschamp, like some others writing about the project, apparently thinks that a stadium and an arena are interchangeable. He wrote:
Instead of sitting isolated in a parking lot, the stadium will be tucked into the urban fabric, just as buildings surround a Baroque square. The arena becomes a stage, with the towers around extending the bleachers to the sky. Here, the stage will be activated by a running track around the perimeter of the arena's roof. In winter, the track becomes a skating rink. Other areas of the roof will be set aside for passive recreation. Restaurants for the surrounding towers are planned at the arena's roof level.

Again, hindsight would alter that assessment; the critic devoted three sentences to the rooftop open space, but that space now would be private. Also note that Muschamp erroneously described the arena (an enclosed facility, with a floor or rink) as a stadium (a larger structure, usually open-air, with a field).

The "urban room"

Muschamp continued:
There is also an "urban room," a soaring Piranesian space, which provides access to the stadium and a grand lobby for the tallest of the office towers.

He didn't reflect on whether that "urban room" would serve the public, or just the privately-owned buildings. Now it's being configured as “open space,” but also will house the box office. Again, the building isn't a stadium.

Big cubes?

Muschamp wrote:
The massing models of the residential buildings will remind some observers of pre-Bilbao Gehry, when his vocabulary owed more to cubes than to curves.
I hope we haven't seen the last of those big cube buildings. As I think the models show, they have a toughness that looks right for New York at this uncertain moment in time.


The models, as the rendering suggests, were quite preliminary. Muschamp seems to have conjured up meaning from something on which Gehry had done little work. As for "a toughness that looks right for New York at this uncertain moment in time," why not relate the models to the surrounding neighborhoods? And why didn't the critic consider what the project might look like a decade hence, at a different moment in time?

Garden spaces

Muschamp commented on the green space:
And they work wonderfully well with the garden setting Mr. Olin has devised for them.
The richness and generosity of the outdoor spaces he envisions are the urban equivalent of the fanciest flower arrangement a city could give to itself.
We're worth it.


How did he know? He didn't mention the superblock or the lack of sightlines through the project, a defect partly remedied by new view corridors in the most recent reconfiguration (second image). He was just speculating. And if the open space is insufficient for the residents, well, wouldn't the fancy flower arrangement be stuffed into a tiny vase?

The Times's relationship with Ratner

It's now standard procedure for Times articles about the Atlantic Yards plan to disclose that developer Forest City Ratner and the parent New York Times Company are partners in building the new Times Tower on Eighth Avenue. In the early days of writing about this project, however, several articles lacked this disclosure, notably Muschamp's appraisal.

Still, Times editors couldn't have been unaware of the disclosure issue; the news article about the plan published the same day, headlined A Grand Plan in Brooklyn for the Nets' Arena Complex, contained the disclosure.

Muschamp's own conflict

Also, Muschamp didn't disclose his own personal conflict. As noted in Chapter 14 of my report, in an article about the process behind choosing the architect for the Times Tower (A Rare Opportunity For Real Architecture Where It’s Needed, 10/22/00), Muschamp had previously spelled out his ties to FCR:
I am a part of this story, a footnote who gets to tell the tale. At the invitation of Michael Golden, the vice chairman of The New York Times Company, and with the approval of my editors, I met periodically, over a six-month stretch, with the group responsible for choosing an architect for the new Times building.
I had serious reservations about crossing the line from the news department to the corporate side of the paper. The Times does not permit its critics to serve on arts juries. This policy is wise not only because it constrains us from abusing the authority of the newspaper and from potential conflicts of interest…
The selection of an architect for The Times building was conducted as a 50-50 partnership between The New York Times Company and Forest City Ratner, a real estate development firm whose projects include Metrotech, the office complex in downtown Brooklyn…
The lower half of the [Times] tower will be occupied by the paper’s newsroom, its business division and corporate offices. Space in the top half will be leased to outside tenants...
I attended meetings of the Design Advisory Group, composed of staff members of The Times and Forest City, occasionally joined by representatives of the 42nd Street Redevelopment Authority, a subsidiary of the Empire State Development Corporation, and of the Economic Development Corporation, a city agency.


Raising hell?

A passage in Muschamp's 10/22/00 article deserves another look, given the critic's limited take on the Atlantic Yards project:
I am not a disengaged critic. The cultural dimension of building stirs me emotionally. I have minimal interest in personalities or politics, except as these play out on a symbolic or allegorical plane. Architecture's practical dimension is one of the things that make it exciting to write about, but the practicalities do not lack outspoken advocates.

Clearly Muschamp was not in the Allan Temko mold. And it's not clear how often the outspoken advocates of the practical get a perch as prominent as that of New York Times critic.

Crossing the line with Gehry?

Muschamp had a long history with Gehry. In his 10/22/00 article, Muschamp wrote about his affection for the architect's Times Tower proposal:
At my last meeting with the group, someone asked which of the four proposals I preferred. I replied that if I were in their shoes, I would find it painful to choose between Piano and Gehry/Childs. The two teams had not designed equally good versions of the same thing. They had designed two different things.
...The truth is, I was madly in love with the Gehry/Childs proposal. Gehry's work will do that to you. It doesn't want you to keep your distance.


Beyond his critic's appreciation for Gehry, Muschamp has a friendship with the architect that seem to go beyond a typical relationship between critic and subject. Not only did he wax promotional in the documentary, Muschamp has had Gehry to his house.

In a 3/14/04 Times Magazine essay headlined "Bookless in Bavaria," Muschamp offered a personal reference:
I inhabit a doomed attempt at minimal living. The shelves on my restricted wall space hold just a fraction of my books. Hence, like a hideous example of urban sprawl, my active library has invaded the floor, forming a labyrinth of precarious stacks and sliding heaps.
Not long ago, Frank Gehry stopped by. His take on the labyrinth differed from mine and that of any other reasonable person. Where I see the unmanageable chaos of a bookish variation on obsessive compulsive disorder, Gehry detected a robust appetite for the baroque.


The Observer bores in

A 6/28/04 New York Observer article about the critic's departure from his post, headlined As Muschamp Goes, Angry Adversaries Ready for Revenge, highlighted the critic's closeness to his subjects:
If the transition is self-motivated, it’s also, sources at The Times said, a relief to a new crop of editors unwilling to defend, as their predecessors did, the critic’s iconoclasm and obscurantism, his unapologetic dilettantism and his unabashed socializing within the highest social circles of the creative world he judges in print.

Writer Clay Risen offered a contrast:
As his access to, and veneration by, the profession’s top names grew, his writing became increasingly populated by a short list of big stars: Zaha Hadid, Rafael Viñoly, Rem Koolhaas, Peter Eisenman and Frank Gehry. Unlike [former Times critic Ada Louise] Huxtable, who purposely maintained a distance between herself and her subjects, Mr. Muschamp inserted himself into the architectural world, paying extended visits to his favorites and throwing dinner parties for them back home.

Gehry was a particular favorite, and even a source for the article:
Mr. Muschamp lives in Tribeca, and had gone out to dinner on Sept. 10 with Frank Gehry, Mr. Gehry’s son, and the designer Issay Miyake. The next morning, like thousands of New Yorkers living downtown, he awoke to sirens and smoke. "I think [Sept. 11] shook him to the rafters," Mr. Gehry said. "He wouldn’t come out of his apartment for days."

Architectural citizenship

In an article in the 10/1/04 issue of Commentary, headlined Architecture bling!, architectural historian Michael J. Lewis observed how Muschamp crossed the line with his socializing:
...Muschamp never sought to disguise his personal intimacy with the architects he reviewed, he felt free, for example, to offer anecdotes about what Frank Gehry thought of the library in Muschamp’s apartment...

Lewis also mused on the criteria for criticism:
Some buildings are indeed Happenings, spontaneous performances of joyous personal anarchy. But most are not, and they must be judged by other criteria. One such criterion might be culled architectural citizenship—the participation of an individual building within the larger community of buildings that surround it, and in a larger sense within the civilization that produced it.

Muschamp's writings suggest that he is interested in the larger civilization, but less so in the surrounding buildings--especially at the Atlantic Yards site. (Did he even mention the iconic Williamsburgh Savings Bank building, at right? No.)

Noticing the self-dealing Gehry?

In 2001, the Guggenheim Museum in New York--the home of the multitentacled institution that gave us Gehry's Bilbao--mounted a retrospect of Gehry's work, titled "Frank Gehry, Architect." Muschamp applauded. In a 5/18/01 piece headlined Gehry's Vision Of Renovating Democracy, Muschamp wrote:
Frank Gehry has overcome that plague of postmodern times. He has shown that even in architecture, a form notoriously resistant to creativity, it is possible not only to realize a personal vision but also to gain wide public support for it.
...The show is a tribute to the ideal of service: to an art form, to The City and to the continuous reconstruction of a democratic way of life. Service with a smile, sometimes with a belly laugh, sometimes with dripping sweat; this is the moral imperative driving the mutable, mercurial aesthetic of the work on view.


Muschamp described the show simply:
Organized by Mildred Friedman and J. Fiona Ragheb, ''Frank Gehry, Architect'' showcases history unfolding, even as we walk through it. You want the best? Here it is.

Writing in a Slate piece headlined Frank My Dear: The remarkable sliminess of the Guggenheim's Gehry show, Christopher Hawthorne (now at the Los Angeles Times) filled in some blanks:
[T]he Gehry show is terrifically flawed—watered down by hagiography and compromised by ethical conflicts. It is, essentially, the art world equivalent of what's known in the journalism business as "advertorial."
At first this might not sound like ticker-tape news, given that the Guggenheim's ambitious director, Thomas Krens, has made a name for himself by mounting blockbuster shows on motorcycles and Italian fashion designers that blur—no, bulldoze—the line between high art and salesmanship. Even by the standards that guide Krens and his staff, though, the Gehry show strikes me as shameless.
For starters, the museum asked the architect to design his own retrospective, which gives you an idea of the critical distance involved here. And the show's curators, Mildred Friedman and J. Fiona Ragheb, have prepared wall text that can be as fawning as press release copy.


As for the architecture critics, Hawthorne wrote:
Strangely, most of America's prominent architecture critics have shrugged off the show's problems. In their reviews, Robert Campbell of the Boston Globe and the Los Angeles Times' Nicolai Ouroussoff each used a single buried paragraph to shake their heads at what Ouroussoff called the show's "fuzzy ethics." And the New York Times' Herbert Muschamp, who raked Krens and the Guggenheim over the coals for the negotiations that preceded its Giorgio Armani retrospective last year, said not one word about such conflicts this time around. Between the lines, Muschamp's message seemed to be this: The Guggenheim will be the Guggenheim, and Gehry is such a masterful talent that I don't want to interrupt my tribute to him for even a brief discussion of ethical standards.
(Emphasis added)

Where was the New York Times Public Editor? Oh, there wasn't a Public Editor at the time.

Gehry & democracy

In dealing with function, Muschamp contended in his review of the Guggenheim show, Gehry fosters a democratic sense:
One is free to appreciate these projects on purely formal terms. Mr. Gehry's sculptural gifts are unmatched. But I urge you to consult the wall texts for concise descriptions of the functional elements he reckons with and the philosophy that guides him. His methods go far toward explaining why it is reasonable to regard him as an architect of democracy. Freedom and equality, and the tensions between that Tocqueville analyzed, are everywhere at play.
The freedom lies primarily in the range of possible responses Mr. Gehry has found in a variety of urban conditions, from sprawl to periphery to historic center. The equality is expressed chiefly in the provisional and flexible quality of his interior arrangements. In our spaces we are equals, despite whatever rankings the world chooses to make. The fragmented forms convey the dynamics of a society in which freedom and equality come into constant collision.


Freedom and equality--do they apply to the project in Brooklyn? The critic's notion of "a democratic way of life" apparently has to do with a visitor's experience of the buildings, not the process for approving the project.

Hawthorne's piece in Slate offers some resonances for Brooklyn. The critic observed of the Guggenheim's planned expansion in downtown Manhattan that its "out-of-whack scale seems to reflect [Guggenheim director Thomas] Krens' ambitions more than Gehry's."

Though "Gehry's design for Bilbao, like so much of his work, is contextual and radical at the same time," Hawthorne observes that "the Guggenheim's tribute to the architect insists on launching his work back into outer space." But that makes sense, the critic wrote:
In the effort to win approval for a huge new branch, it's in the museum's interest to promote Gehry not merely as a remarkable architect reaching the twilight of a long, varied career, but rather as a Mozartian figure, the kind of freakishly talented figure who transcends not just his surroundings but his historical age. What city run by sane people, the show suggests, would dare miss the chance to accommodate that level of genius? Who cares about zoning and neighborhood scale when you've got the chance to make history?

Who cares about zoning and neighborhood scale, indeed.

Gehry, context, & Brooklyn

When Muschamp wrote in 2003 about how "succeeding generations accept responsibility for interpreting their relationship to changing time," he was hearkening back to an issue he raised in an 8/13/00 article headlined Living Up to the Memories of a Poetic Old Skyline. The critic, writing about contested sites in the city, including a proposed Gehry Guggenheim along the East River, and the battle with local officials, including Mayor Rudy Giuliani, stated:
Mr. Giuliani is said to be a traditionalist. So am I. But New York's most vital tradition is its ethos of change. To represent that enduring ethos, the eidos must change. This is the city's great paradox.
People should not be asking whether Gehry's design fits into the context of lower Manhattan. They should be asking whether New York's new buildings fit into the urban context that Mr. Krens, among others, has been putting together. That context is now global, but in origin it is local. It is New York's gift to modern times.


Muschamp was apparently signaling his willingness, in the Brooklyn context, to ignore whether or not the Atlantic Yards plan makes any nods to its surroundings.

In a 5/14/00 essay headlined Reaching For Power Over Streets And Sky, Muschamp mused on governmental regulation of architecture and the Giuliani administration's Unified Bulk Program, which would have overhauled zoning laws. In another world-historical nod, he wrote:
Another compensation -- some might even say redemption -- is the freedom to respond creatively to our way of life. This is no less true in architecture than it is in literature, painting, photography, song or dance. From the Brooklyn Bridge to Frank Gehry's design for a new Guggenheim museum proposed for a site close by, New York's greatest buildings have provided signposts to change. They are forms of communication in which the imagination is placed at the service of truth about its time.

It's hard to argue that urban context shouldn't change, but it's also hard to argue that major new developments shouldn't acknowledge their neighbors. So Muschamp would have been a lot more credible about Atlantic Yards had he disregarded hyperbole like "urban paradise," acknowledged his conflicts, and taken a walk around Brooklyn.

From the $6B lie to the $1.5B deception? Stuckey revises rhetoric on economic projections

In an article posted today in the Amsterdam News, headlined Atlantic Yards, and sticks and stones, Forest City Ratner's Jim Stuckey seems to have revised the official rhetoric on economic projections:
“The opposition fails to give a complete picture. Our project will give more affordable housing than any single project in the state of New York. After you take out the costs, the city and state will earn $1.5 billion. You have to invest money to make money,”

This represents a shift in tactic from the $6 billion lie. Note that Forest City Ratner, on its web site and in its brochure, has been saying that the project would bring $6 billion in total revenues to the city and state, based on dubious estimates from paid consultant Andrew Zimbalist. If you subtract $1-$2 billion in costs, the net revenue would be over $4 billion.

But maybe Stuckey realizes how outlandish that is, because the $6 billion represents cumulative numbers over 30 years, while economists generally use the "present value," which would be the value of the money in hand now. (It's somewhat like comparing the value of a loan you get to the cumulative cost of the payments over 30 years.)

So Stuckey seems to be using Zimbalist's $2 billon present value figure, then subtracting a half-million dollars in costs to get $1.5 billion. That's more responsible on two counts: he's both using present value and acknowleding costs. (Had FCR been acknowleding costs, they never could have used the $6 billion figure.)

But it's still outlandish, because the costs projected by Forest City , as I've detailed, are significantly below those estimated by the Independent Budget Office. And the most significant chunk of new revenues come from estimates of income tax paid by new residents--and, as James Parrott of the Fiscal Policy Institute told me, "I don't know of any serious cost-benefit analyses of mixed-used economic development projects that count the taxes of residents."

In other words, you can't do that.