Skip to main content

ESDC files request to appeal decision ordering new environmental review, says “shadow of uncertainty" shrouds project's Phase 2

Yes, Empire State Development (ESD), the state agency overseeing Atlantic Yards, is not accepting defeat. It is seeking to appeal a unanimous loss last month in the Appellate Division, which upheld a lower court's requirement that a Supplementary Environmental Impact Statement (SEIS) be conducted to examine the impacts of a 25-year project buildout.

The effort may seem like a long shot, but state Court of Appeals has proven friendly to Atlantic Yards before--remember the November 2009 eminent domain decision. It must first agree to accept the appeal. The key part of the ESD's motion:
The Appellate Division's order requiring that a SEIS be prepared to study the impacts of a delay in the Project's construction schedule is an unprecedented expansion of SEQRA [State Environmental Quality Review Act] that would interfere not only with progress being made on the Atlantic Yards Project, but with the progress of other large-scale projects that are subject to delays due to adverse economic conditions or other circumstances.
"Shadow of uncertainty"

I'll have more once I see Forest City Ratner's expected companion motion, and the petitioners' response. But the ESD contends that the court decision "casts a shadow of uncertainty on Phase II of the Project," a shadow elongated by the preparation of the SEIS and the inevitable legal challenges it will prompt.

Then again, Forest City has another decade to build Phase 1, the towers around the arena block, and eight years to start the first tower (of 11) in Phase 2, east of Sixth Avenue.

At a meeting with community stakeholders on 5/2/12, ESD CEO Kenneth Adams said the agency had not decided whether to appeal. Some community members, as well as Council Member Steve Levin, said an appeal sent the wrong message.

Updated: coverage from Crain's NY Business

Here's coverage in Crain's, with quotes from ESD:
“ESD conducted the legally-required hard look analysis at impacts of delay, and our review demonstrated no new significant impact not previously disclosed and addressed,” said Kenneth Adams, president of the Empire State Development Corp. in a statement. “ESD's goal is to keep all phases of the project moving forward to ensure that the community can receive the benefits of a world-class development that will bring thousands of jobs, affordable housing, open space and community facilities to Brooklyn as soon as possible.”
In a statement, a Forest City spokesman said, “We of course agree with the state's decision to appeal and are equally focused on moving this project forward given the promise of jobs, affordable housing and much needed tax revenue for the city and the state.”
However, the project’s opponents believe that there is a very slim chance that the ESDC will be allowed to appeal because two courts found it acted illegally.
“We are disappointed in ESDC’s decision to bring an appeal instead of working with the community to make the project better and just do the environmental impact study,” said Jeffrey Baker, a partner at the law firm of Young Sommer, which is representing Develop Don’t Destroy Brooklyn, a group opposed to the project. “The appeal is a waste of resources.”
Of course, if the state agency wanted the project to proceed "as soon as possible," then it wouldn't have signed a Development Agreement providing 25 years to build the project before penalties--other than regarding a few buildings--kicked in.

Comments

Popular posts from this blog

Barclays Center/Levy Restaurants hit with suit charging discrimination on disability, race; supervisors said to use vicious slurs, pursue retaliation

The Daily News has an article today, Barclays Center hit with $5M suit claiming discrimination against disabled, while the New York Post headlined its article Barclays Center sued over taunting disabled employees.

While that's part of the lawsuit, more prominent are claims of racial discrimination and retaliation, with black employees claiming repeated abuse by white supervisors, preferential treatment toward Hispanic colleagues, and retaliation in response to complaints.

Two individual supervisors, for example, are charged with  referring to black employees as “black motherfucker,” “dumb black bitch,” “black monkey,” “piece of shit” and “nigger.”

Two have referred to an employee blind in one eye as “cyclops,” and “the one-eyed guy,” and an employee with a nose disorder as “the nose guy.”

There's been no official response yet though arena spokesman Barry Baum told the Daily News they, but take “allegations of this kind very seriously” and have "a zero tolerance policy for…

Behind the "empty railyards": 40 years of ATURA, Baruch's plan, and the city's diffidence

To supporters of Forest City Ratner's Atlantic Yards project, it's a long-awaited plan for long-overlooked land. "The Atlantic Yards area has been available for any developer in America for over 100 years,” declared Borough President Marty Markowitz at a 5/26/05 City Council hearing.

Charles Gargano, chairman of the Empire State Development Corporation, mused on 11/15/05 to WNYC's Brian Lehrer, “Isn’t it interesting that these railyards have sat for decades and decades and decades, and no one has done a thing about them.” Forest City Ratner spokesman Joe DePlasco, in a 12/19/04 New York Times article ("In a War of Words, One Has the Power to Wound") described the railyards as "an empty scar dividing the community."

But why exactly has the Metropolitan Transportation Authority’s Vanderbilt Yard never been developed? Do public officials have some responsibility?

At a hearing yesterday of the Brooklyn Borough Board Atlantic Yards Committee, Kate Suisma…

No, security guards can't ban photos. Questions remain about visibility of ID/sticker system.

The bi-monthly Atlantic Yards/Pacific Park Community Update meeting June 14, held at 55 Hanson Place, addressed multiple issues, including delays in the project, a new detente with project neighbors,concerns about traffic congestion, upcoming sewer work and demolitions, and an explanation of how high winds caused debris to fly off the under-construction 38 Sixth Avenue building. I'll have more coverage.
Security issues came up several times at the meeting.
Wayne Bailey, a resident who regularly takes photos and videos (that I often use) of construction/operations issues that impact residents, asked representatives of Tishman Construction if the security guard at the sites they're building works for them.
After Tishman Senior VP Eric Reid said yes, Bailey asked why a guard told him not to shoot video of the site, even though he was on a public street.

"I will address it with principals for that security firm," Reid said.
Forest City Ratner executive Ashley Cotton, the …

Barclays Center event June 11 to protest plans to expand Israeli draft; questions about logistics

At right is a photo of a poster spotted in Hasidic Williamsburg right. Clearly there's an event scheduled at the Barclays Center aimed at the Haredi Jewish community (strict Orthodox Jews who reject secular culture), but the lack of English text makes it cryptic.

The website Matzav.com explains, Protest Against Israeli Draft of Bnei Yeshiva Rescheduled for Barclays Center:
A large asifa to protest the drafting of bnei yeshiva in Eretz Yisroel into the Israeli army that had been set to take place this month will instead be held on Sunday, 17 Sivan/June 11, at the Barclays Center in Downtown Brooklyn, NY. So attendees at a big gathering will protest an apparent change of policy that will make it much more difficult for traditional Orthodox Jewish students--both Hasidic (who follow a rebbe) and non-Hasidic (who don't)--to get deferments from the draft. Comments on the Yeshiva World website explain some of the debate.

The logistical questions

What's unclear is how large the ev…

Atlantic Yards/Pacific Park graphic: what's built/what might be coming (post-dated pinned post)

Click on graphic to enlarge. This is post-dated to stay at the top of the blog. It will be updated as announced configurations change and buildings launch. The August 2014 tentative configurations proposed by developer Greenland Forest City Partners will change, and the project is already well behind that tentative timetable.


Not quite the pattern: Greenland selling development sites, not completed condos

Real Estate Weekly, reporting on trends in Chinese investment in New York City, on 11/18/15 quoted Jim Costello, a senior vice president at research firm Real Capital Analytics:
“They’re typically building high-end condos, build it and sell it. Capital return is in a few years. That’s something that is ingrained in the companies that have been coming here because that’s how they’ve grown in the last 35 years. It’s always been a development game for them. So they’re just repeating their business model here,” he said. When I read that last November, I didn't think it necessarily applied to Atlantic Yards/Pacific Park, now 70% owned (outside of the Barclays Center and B2 modular apartment tower), by the Greenland Group, owned significantly by the Shanghai government.
A majority of the buildings will be rentals, some 100% market, some 100% affordable, and several--the last several built--are supposed to be 50% market/50% subsidized. (See tentative timetable below.)

Selling development …

Atlanta's Atlantic Yards moves ahead

First mentioned in April, the Atlantic Yards project in Atlanta is moving ahead--and has the potential to nudge Atlantic Yards in Brooklyn further down in Google searches.

According to a 5/30/17 press release, Hines and Invesco Real Estate Announce T3 West Midtown and Atlantic Yards:
Hines, the international real estate firm, and Invesco Real Estate, a global real estate investment manager, today announced a joint venture on behalf of one of Invesco Real Estate’s institutional clients to develop two progressive office projects in Atlanta totalling 700,000 square feet. T3 West Midtown will be a 200,000-square-foot heavy timber office development and Atlantic Yards will consist of 500,000 square feet of progressive office space in two buildings. Both projects are located on sites within Atlantic Station in the flourishing Midtown submarket.
Hines will work with Hartshorne Plunkard Architecture (HPA) as the design architect for both T3 West Midtown and Atlantic Yards. DLR Group will be t…