
When the epic hearing ended at 11:30 pm (the building had to close), three hours later than billed yet still too soon for hundreds of people whoād signed up to speak, much of the crowd had left. (For hours, there was a line to get into the room, which holds about 800.) Project supporters were by then outnumbered by opponents, whose resiliencyāhelped, undoubtedly, by their shorter commute home from Downtown Brooklynāsuggested that the controversy over the boroughās largest development would hardly be put to rest.
With cheers and boos punctuating most presentations, the hearing was as much rally as opportunity for comment, especially for the project supporters who touted jobs and housing, while opponents and critics made less-dramatic efforts to pick apart the lengthy DEIS and to decry the Empire State Development Corporation (ESDC) for providing too little time to analyze the document.
(Clearly Forest City Ratner had learned an organizing lesson, and the hearing more resembled the 11/29/04 public meeting on the project, when project supporters ACORN and BUILD were out in force, than the 10/18/05 hearing on the scope for a DEIS, where project opponents dominated the crowd. An early reader points out that many project opponents and ordinary citizens with questions and qualms were turned away, because Forest City Ratner's CBA signatories and union supporters managed to fill the room, thus helping skew some news coverage.)
The New York Times suggested, in an article today headlined Raucous Meeting on Atlantic Yards Plan Hints at Hardening Stances, but there was some evidence of a potential compromise. Borough President Marty Markowitz, though vague, offered his most forceful words for a project scaledown. Assemblymembers Roger Green and Jim Brennan reminded the crowd of their effort to subsidize a 34 percent reduction in the projectās size. And Kenn Lowy, of Community Board 2ās Traffic and Transportation Committee, drew cheers from opponents when he declared that the project must be reduced by 60 percent.
Yet project supporters clamored for Atlantic Yards to be built now and, while some future scaleback is inevitable, it undoubtedly depends on political pressures. Late in the evening, lawyer Jeff Baker, representing Develop Donāt Destroy Brooklyn, the coalition of project opponents, added a new potential angle to the inevitable lawsuit. The Atlantic Yards General Project Plan, he said, declares that the project is a "civic project," though state law does not define an arena in that way.
Two photo ops

Across the street, at the hearing, a photographer named Jonathan Barkey snagged one of the first slots for public comment and riveted the cameras with his deliberative and dramatic testimony, hoisting oversize mockups with photos of the Prospect Heights neighborhood where AY would be built, overlaid with renderings of the oversize project. It was a moment when the highly charged crowdāespecially the ACORN supporters in red t-shirts and Carpenters union members in orange t-shirts ready to cheer supporters and boo opponentsāwas hushed.

Bertha Lewis the host

Lewis, perhaps caught up in the enthusiasm of the moment, continued by touting the āhistoric Community Benefits Agreementālegally bindingāhas never been done before.ā (Never in New York City, that is.)
The Netsā Kidd took the podium, standing in front of at least 30 bigwig supporters and facing perhaps 25 press people and another 60 project supporters. āGetting to know Brooklyn and getting to know the community has proven to me that Bruce is doing the right thing,ā declared Kidd, whoās joined the Christian Cultural Center in Flatlands. Added Carter, adding a developer-friendly spin to positive jockspeak, āI feel itās all about unity in the community.ā
United Federation of Teachers President Randi Weingarten was the first to acknowledge the controversy, but declared confidently that āthe advantages outweigh the risks,ā citing the importance of affordable housing to schoolteachers who want to live near the communities where they work. Mike Fishman, president of SEIU Local 32BJ, cited Forest City Ratnerās commitment to union labor in managing the buildings.
Borough president Markowitz, after high-fiving Carter, took the stage and trumpeted his visionāa new city center, including the Brooklyn Academy of Music cultural district, Downtown Brooklyn, and Atlantic Yards. He wound up nearly bellowing, āBrooklyn is a world-class city and we deserve Atlantic Yards.ā

Assemblyman Green, who represents the Prospect Heights district where the project would be built and was the first black elected official to speak, mused about the importance of āstand[ing] with this coalition of conscience.ā He praised the effort to acknowledge āAfrican-Americans who have historically been marginalized,ā praising āthe one developer who fought to create a new covenantā regarding promises for jobs and housing, yet omitting Forest City Ratnerās far less impressive record with MetroTech and the Atlantic Center mall. He praised Ratner for āstanding in the spirit of Branch Rickey,ā the Brooklyn Dodgers executive who broke the color barrier in baseball, by ābreaking the color barrier in the economy.ā
Council Member Lew Fidler, who represents neighborhoods in southern Brooklyn, dismissed the project site area as ārun-down and doing nobody any good. Get in the real world and join us in the glittering future that the Atlantic Yards represents for Brooklyn.ā Assemblyman Karim Camara acknowledged that the project would not solve Brooklynās social problems, but would set a precedent regarding affordable housing. The Rev. Herbert Daughtry (above, to the right of Ratner), a CBA signatory, recounted his struggles in getting Brooklyn businesses to acknowledge the community.
Public hearing opens

Habib continued: āFrom a parking point of view, the EIS also does not disclose significant impacts.ā (The document is a disclosure document, pointing to potential problems though not necessarily requiring them to be fixed.)
But when Habib offered a boilerplate timeline, saying āConstruction is expected to span about ten years,ā the crowd erupted in cheers. It was clear it was going to be a long, unquiet night.
Markowitz speaks
Markowitz was the first public official to speak, and opponents hoisted yellow signs saying āRatnerville Unmitigableā and āHousing Yes Atlantic Yards No.ā (The counterparts were signs saying āAffordable Housing Now!ā and āJobs Housing Hoops.ā)
He began by spelling out R-E-S-P-E-C-T, a commodity in scarce evidence all evening, and praised the project for providing affordable housing and union jobs. But he offered his own concerns, asserting that the iconic Williamsburgh Savings Bank, at 512 feet, should remain Brooklynās tallest building, not to be overshadowed by Frank Gehryās 620-foot āMiss Brooklyn.ā He declared that the building planned for the railyards opposite the Newswalk condos on Pacific/Dean streetsāand home to numerous project opponentsāāmust be reduced.ā And two other buildings bordering lower-rise Prospect Heights, he said, must be reduced.
āNext, build a school,ā he declared, an acknowledgment that the project would bring many schoolchildren but be forced to disperse them. Make sure the open space is inviting and accessible, he added, echoing criticism from the Municipal Art Society and others that the projected seven-plus acres of open space would be too easily defined as backyards for the enormous residential buildings.
And, he added, āGet real about traffic and parking,ā saying that to find āan urban transit solution, we need to engage the best minds.ā It was a backhanded slap at Forest City Ratner transportation consultant āGridlock Samā Schwartz, who surely is one of the better minds, but whose solutions have been met with much criticism. It also failed to acknowledge critics, such as Community Consulting Services and the Tri-State Transportation Campaign, who have called for residential parking permits and congestion pricing for East River bridges.
Markowitz exited to boos and deafening cheers. Earlier, Iād caught up with him when he left the first press event and asked how he felt about presiding over a project that would be the densest census tract, by a factor of two, in the country. āI donāt know if itās true,ā he said, ābut I know we need the housing very much.ā
Crowd dynamics & race
While the hearing officer reminded audience members to save their cheers and boos for after a speakerās three minutes had concluded, many didnāt comply, and some of the more polite ones held up signs saying ā3ā or three fingers to indicate that a speaker had overstayed the allotted time. (Enforcement increased somewhat as the night wore on.) One ACORN supporter frequently waved a large red ACORN flag. A project opponent was kicked out early for relentlessly heckling State Sen. Marty Golden.
There was an obviousābut not simpleāracial divide in the audience. Most supporters in the room, outside of the union workers, were black and working-class, many of them organized by ACORN or the CBA signatory Public Housing Communities (which includes several tenant organizations across the borough), and coming from long distances in Brooklyn. (Hence the stickers some wore with a slash through āNIMBYā were somewhat beside the point.) Most project opponents and critics present were white and middle- (and upper-) class, though a small number of black opponents stayed until the end, some of them homeowners in Fort Greene and Clinton Hill near the project.
The more dramatic speakers drew raucous responses, but, at times, some of the most serious criticismsāDEIS dissectionsāwere under the radar. Indeed, the event could not reflect full community sentiment. Many people whose names were called long after they signed up had already leftāincluding 57th Assembly District candidates Bill Batson and Hakeem Jeffriesāand written testimony will have the same weight as oral testimony.

Once the agency board issues its expected approval, the stateās Public Authorities Control Board must vote unanimouslyāand Assembly Speaker Sheldon Silver, whose vote killed the West Side Stadium last year, likely will be lobbied hard. If not derailed by the PACB or the inevitable eminent domain lawsuit, Forest City Ratner hopes to break ground later this year, and open the arena in the fall of 2009 and five towers in 2010, with project completion in 2016.
Millmanās criticism

She said she agreed that the project should be reduced, then offered some prescriptions that surely conflict with the developerās economic plan. Build affordable housing and the arena first, she saidāeven though the luxury housing, as several people pointed out later, is what fuels the project.
Millman cited traffic concerns and said she did not support redirecting Fourth Avenue traffic via narrow (and part-residential) Pacific Street to Flatbush Avenue. (In the hall, posters of the Atlantic Yards plans, including traffic plans, demonstrated the developerās vision for the site, and at tables visitors could pick up executive summaries of ESDC documents and even hoist binders with the entire DEIS.)

Green takes the stage
The crowd dynamic got uglier when Roger Green took the stage. āMy remarks will be an attempt to arrive at some creative problem-solving," Green declared, even as hecklers interrupted with āYouāre a criminalā and āYouāre a crook,ā a reference to his misdemeanor record.
He offered the first of one of several highly charged claims to Brooklyn authenticity. āI was born in Brooklyn. I was raised in Brooklyn. I grew up in Brooklyn,ā he declared, an echo of his claim, in New York magazine, that many project opponents were Manhattan arrivistes. āI walked these streets before some people got here,ā challenging those in the crowd who had not dared to walk into the housing projects he represents in Fort Greene.
He cited Martin Luther King Jr. on injustice and commented that the density of the project needed to be reduced, referencing the bill that he, Brennan, and others had sponsored.
Tish counters

āESDC is not and could not be an honest broker,ā James declared, citing the schedule for public hearings, questionable claims about revenue, and dubious statistics about such issues as noise. āGrowth is good,ā she said, ābut growth has its limits.ā
The DEIS, she said, is flawed, and findings were made without sufficient technical support. āThereās no meaningful discussion of alternatives,ā she said. Scoffing at claims about the projectās location near a transit hub, she called it ānot a transit-oriented development but a traffic-oriented development.ā
She declared that the project would trigger asthma attacks and said it would displace poor residents. She talked about attending a funeral for a child who died of asthma and actually got some boos.
After saying that thereās no rationale given for the height of the buildings, especially the one that would trump the historic and symbolic Williamsburgh bank, she concluded, āLastly, let me say that this community is not blighted,ā citing the developerās choice to carve out the block with the luxury Newswalk building from the project site.
The people speak
When the public comment period actually began, those called were those who managed to sign up early. Karen Daughtry, the wife of Rev. Daughtry and a fellow member of CBA signatory Downtown Brooklyn Neighborhood Alliance (DBNA) cited Malcolm X, apartheid, and the ālegendary and legally binding Community Benefits Agreement.ā (Remember, the Rev. Daughtry refused to say how much the DBNA has received from Forest City Ratner.)
She was followed by photographer Barkey and then Umar Jordan, who said, āIām here to speak for the underprivileged.ā He played the authenticity card, stating, āIf youāve never been in the Marcy projects, youāre not from Brooklyn.ā (Thatās where rap impresario Jay-Z, who owns a sliver of the Nets, grew up, and likely a place that most project opponents and Forest City Ratner staff, not to mention most of the potential Atlantic Yards residents, have not visited.)
As for people ācomplaining about the size of the buildings,ā he said, āWelcome to the āhood.āā It was a remarkable example of the way the public debate has been polarized; the most vociferous supporters of Atlantic Yards are poor Brooklynites, mostly black, who have a relatively small chance at jobs and affordable housing in a project that is mostly luxury housingāand in which 40% of the affordable housing would rent for more than $2000 a month.
Later, Rev. Daughtry galvanized supporters with his sermon-like testimony. āI donāt remember any developer stepping up,ā he declared of past Brooklyn projects. He cast much-criticized Forest City Ratner projects like MetroTech and Atlantic Center as examples of the developerās vision. He touted the intergenerational centerāfor seniors and children, but with only 100 day care slotsāas a key part of Atlantic Yards, āand guess what, we have participated in the design,ā with āan atrium designed by us.ā
He and other CBA signatories have repeatedly cited a feeling of inclusionāclearly an issue with as much an emotional as rational component, since the expenditures on CBA components would be relatively little for the developer, and some aspects would have to be publicly funded.
āIāve walked these valleys all over the world, from Belfast to Bangkok to Baton Rouge,ā closed Daughtry, whose House of the Lord Church on Atlantic Avenue is a few blocks from the western edge of the project site, āand nowā¦ I donāt even have to get a cab or a plane. I can walk there.ā
A teacher, Mābalia Rubie, talked of the lives of children she teaches, saying, āthey live in shadow right now. She declared, āI cannot prioritize traffic jams and shadows over housing and jobs.ā
Darnell Canada, a founder of BUILD and a CBA coalition member, cited the need for jobs among black men in Brooklyn. "I got to fight to get them to keep trying" to look for a job, he said, adding ominously, "If they stop trying, you're the victim." If the project doesn't go forward, he closed, "I guarantee you will have chaos and misery."
Civics criticize DEIS
Representatives of civic groups and community boards around the project site offered numerous criticisms of the DEIS. Lumi Rolley of the Park Slope Civic Council (PSCC) described how the document underestimated transit demand, failing to study the 6-7 pm hour before basketball games. (She's also the lead NoLandGrab blogger.) Lauri Schindler of the PSCC dryly cited the DEISās use of the word āqueuingāa synonym for gridlock.ā
Eric McClure of Park Slope Neighbors (PSN) cited the projection that the site would be the nationās densest census tract, by a factor of two, and got little reaction from the crowdāwhich was more attuned to more dramatic pro and con statements. He pointed out that at Battery Park City, the open space was built first, while it would take ten years before the Atlantic Yards open space would arrive. āFor families affected by a lack of places to play, ten years is most of a childhood,ā he concluded.
Kristyn LaPlante of PSN generated some crowd pushback with a layer of sarcasm, criticizing the designation of the Urban Roomāwhich would serve as the arena entrance, among other functionsāas open space. āI donāt know anyone who brings their kids to play outside the Madison Square Garden ticket windows,ā she said. Moreover, she pointed out that the publicly accessible open space would close most of the year before the time arena events conclude. āDrunken sports fans wonāt be urinating in the backyards of the luxury condos. Theyāll be peeing on the stoops of the rest of us.ā
Candace Carponter of the Council of Brooklyn Neighborhoods (CBN) declared that it was "a virtually impossible undertaking" for the experts hired by CBN under city/state grants to analyze the DEIS in the time allotted. Terry Urban of CBN recounted the "troubling" episode in which a request to the ESDC about procedures at the hearing yesterday was treated as a Freedom of Information Law request, meaning response would be delayed until after the hearing.
Hunter College professor Tom Angotti, a consultant to CBN, pointed out several flaws in the DEIS. "The 'build year' is 2016, but the analysis stops at 2016," he said, suggesting it could not account for the true effects of the project.

Both individual and institutional representatives of the three affected Community Boards got their say. Meredith Staton of CB8 praised the CBA and criticized project opponents. āThey werenāt there when they were closing St. Maryās Hospital,ā he declared. āIf youāre going to be part of the community, you need to participate.ā (Photo of ESDC staff listening, by NYC IndyMedia)
Jerry Armer, chair of CB6, offered no substantive testimony, but simply asked for more time to review the DEIS and General Project Plan (GPP). āWe find the timingā¦ to be an affront to our community,ā he said. CB6, he said, would take the full time allotted and submit its comments by the September 22 deadline.
Shirley McRae, chair of CB2, also said the time allotted was too short, and pointed out that the cityās land use review process, ULURP, would require four public hearings. āThe Downtown Brooklyn plan was made better by ULURP,ā she said.
āIāve been here in Brooklyn almost six decades,ā declared McRae, playing the authenticity card as a member of the black middle-class. āItās wholly unacceptable to expect that laypeopleā can analyze the ESDC documents within the review period.
Politicians come late
While most elected officials testified early, others arrived later in the evening. Councilman David Yassky, a candidate for the 11th Congressional District, offered his āmend it donāt end itā prescription, calling for changes to help realize the benefits and avoid having the project killed.
The project, he said, must be reduced in height and bulk, though he offered no specific numbers. āThe impact on traffic will be destructive without serious measures,ā he said, adding that heād submitted a ācomprehensive traffic planāāpreviously announced but not made availableāto the record.
He also added a comment on the CBA that some other elected officials echoed. The promises must be enshrined in the Atlantic Yards approval document, not a side agreement, for them to be binding. āMake these changes so the project can go forward and bring jobs and affordable housing to the people of Brooklyn,ā he said.
Councilman Bill De Blasio echoed the CBA accountability issue and cited the importance of addressing the issues of traffic and parking.
Assemblyman Jim Brennan cited his suggestion last October to reduce the project by 50 percent and the more recent legislation that would take it down by 34 percent. He mistakenly suggested that the affordable housing would not begin until Phase II, in 2010. (Both phases would include affordable housing, with Phase I in 2010 and Phase II in 2016.) But he pointed out that the affordable housing is depending on the success of the luxury units, which itself is depending on a shifting marketāand that the market for luxury housing at the corner of Flatbush and Atlantic avenues may be doubtful.
A lawyer's warning
Jennifer Levy of South Brooklyn Legal Services, which represents 12 families (among some 60 people) still living in the project footprint, criticized the developer's relocation plan, which "doesn't guarantee that they're going to get an affordable replacement" and thus jeopardizes their rent-regulated tenancy. Rather, she said, "It sounds like they're getting a one-way ticket out of town."
"I want to explode the myth of affordable housing," she said, noting that the project would include only 225 units in the lowest-income bracket, which itself would require higher incomes than "a lot of our clients."
A preservationist's plea
Preservationist Christabel Gough was the only person to cite the destruction of two historic structures, the Long Island Railroad Stables, and the Ward Bread Bakery, observing that the DEIS argues that converting them to housing would destroy their character. āTo declare they should be destroyed to avoid changing them is an affront to common sense.ā A few people heckled the patrician Gough. āThere could be housing,ā she responded. āItās done all over the country.ā (The DEIS also says that preserving the buildings would reduce the scale of the project and make it unworkable.)
She brought up the example of the Brooklyn Bridge and some boos still emerged. "I'm going to be booed for wanting to protect the Brooklyn Bridge," she said incredulously.
The unions want to build
While numerous union members were fulfilling a union responsibility by attending the hearing, few of them got to speak. Carpenters union organizer Anthony Pugliese, who signed up early and has often pointed out the numerous nonunion developments in Brooklyn, to protest that the scheduling was unfair. (He was backed up on the scheduling issue by some project opponents.)
One who did speak was ironworker Dan Jederlinic, who said that the opposition āmakes it sound like tanks are comingā through their neighborhood. However, he wasnāt backing off much. āThe bulldozers are coming,ā he said, āand if you donāt get out of the way, theyāre going to bulldoze right over you.ā
Alternatives dismissed?
Shabnam Merchant of Develop Donāt Destroy Brooklyn (DDDB) addressed the Alternatives section of the DEIS, which dismissed other, less-dense development plans, calling the stateās argument a tautology. āAtlantic Yards has certain goals. The alternatives are not the Atlantic Yards. Therefore, they cannot provide the goalsā of the AY plan.
She also cited DEIS claims that, without Atlantic Yards, āthat phony blight condition would remain.ā She decried a project that would bring a billion dollars of profit to the developerāat least according to an estimate in New York magazineāāwhile the public takes all the financial and environmental risks.ā (Forest City has said theyāve already taken risks by investing in the project, though the property has surely appreciated.)
DDDB's take
At 10:05, DDDB spokesman Daniel Goldstein took the podium, in a more than half-empty room, to cheers. He offered a response to some of the authenticity issues; members of the coalition had opposed the Downtown Brooklyn rezoning, are opposed to eminent domain on Duffield Street downtown, and are helping displaced tenants from the Prospect Plaza Houses.
"Forest City Ratner has absolutely no legal commitment to anybody unless you are a shareholder," he said, asking why, if this was the largest project in the history of Brooklyn, there were no representatives from the Department of City Planning or the Mayor's Office. (There were, but not speaking.)
He urged the ESDC to remove eminent domain from the plan and offered a threat: "Owners and renters will litigate and no project will be built for years, if ever."
DDDB attorney Baker soon afterward declared that the project was illegal under the law establishing the Urban Development Corporation, now the Empire State Development Corporation, because "a privately operated sports arena does not qualify as a civic project."
He pointed to the CBA's promises of job training and other benefits. "Read the agreement--it disavows any obligation by Forest City Ratner to pay for these things... There is no financial obligation to keep it running."
Other voices
William Howard, representing the West Indian Carnival Day Association, offered a rationale for support that had been little heard before. The highly-popular carnival, he said, "needs to the space in the arena to expand."
Fort Greene resident Lloyd Hezekiah, a longtime homeowner, was dignified in his manner but forceful in his rhetoric: "We say dump these plans in the Atlantic Ocean."
Henry Weinstein, who owns a building in the project footprint but has refused to sell to Forest City Ratner, testified, "I will vigorously protect my property rights."
Kate Galassi, a University of Chicago student and Boerum Hill resident, was the only person testifying who cited sports economist Andrew Zimbalist's study for Forest City Ratner. Important assumptions in Zimbalist's work are not cited in the DEIS, she said, and "without this evidence, it is impossible for the public to believe" in the promises offered.
Scott Turner of Fans For Fair Play claimed to have an autographed basketball, then tossed it to the crowd. "It's a fake," he said, "but we're also willing to buy a $4 billion fake project." He also challenged the crowd regarding Ratner, "a rich white guy; you're calling him your savior."
Patti Hagan of the Prospect Heights Action Coalition, the first person to organize opposition to the then-rumored Ratner plan in 2003, sardonically read from the ESDC's blight study, emphasizing the word Empire in the name of the agency.
Near the end of the night, an eccentric fellow named William Stanford (but "that's Mr. X to you," he said at one point), made references to "Daniel Ratner" and pro wrestling, and declared, "The damn project belongs in Queens." He put the timing of the follow-up forum on Primary Day in some earthy perspective: "Are you stuck on stupid?"
Stuckeyās overview
One of those staying to the bitter end was Jim Stuckey, president of the Atlantic Yards Development Group, the projectās mastermind. He was busy taking notes and conferring with a squad of aides, but he took the time, after the meeting closed, to answer a few questions.
No, he didnāt have any opinion on DDDB attorney Bakerās claim that Atlantic Yards was not a civic project; thatās a question for the lawyers. No, he didnāt know the sum of city subsidies that would be used for the affordable housing component of Atlantic Yards. (City officials have so far not answered my question about that, either.) As for his overall observation on the night, he said he was "incredibly impressed" that so many people had taken the time out of their day to express support for the project.
Indeed, Forest City Ratner and its allies helped engineer an impressive turnout. But Stuckey and the ESDC and the politicians and the involved parties have a lot more work before they reach the next stage of the Atlantic Yards endgame.
[This incorporates several updates during the day.]
You wrote:
ReplyDelete"Hunter College professor Tom Angotti, a consultant to CBN, pointed out several flaws in the DEIS. "The 'build year' is 2016, but the analysis stops at 2016," he said, suggesting it could not account for the true effects of the project.
While it is possible to present a timetable for construction of the project and sound estimates of the taxes the project will generate, it is an exercise in silliness to extrapolate and attempt to predict much else.
The state of the city, state and federal economies is unknowable and unpredictable that far in the future -- 2016. Statements aimed at a time that far ahead are guesses.
You posted:
ReplyDelete"He urged the ESDC to remove eminent domain from the plan and offered a threat: "Owners and renters will litigate and no project will be built for years, if ever.""
Really? Do the rent-stablized renters have the financial strength to pay attorneys a couple of hundred bucks an hour to preserve their subsidized real estate?
Is Goldstein planning to underwrite the entire legal bill, which, if he's willing to fight for years, will cost him every dime he has?
He talked tough, but he's all bark. Fighting a multi-year legal battle against a deep-pocketed opponent is an easy way to waste an enormous amount of money which will he will never recover no matter how much his real estate appreciates.
When he's the last man standing Ratner will offer him enough to change his mind. Meanwhile, the fight will take a toll on his personal and family life.
You can be sure his wife will wonder why they're spending their lives fighting against a development that will rise over the area eventually.