At BrooklynSpeaks session on accountability, a proposed new oversight body. Questions remain re leverage, stakeholders, and a "bargaining" process.
The fourth and final session (2/2/22) in the four-week Brooklyn Crossroads series from the coalition BrooklynSpeaks concerned accountability, and it came with a surprise: a new proposal, beyond the previously-announced requests for more deeply affordable housing, among other things (as noted in my preview), to establish a new Local Development Corporation to oversee the project going forward.
(The presentation is at bottom and the video below, but comments can be posted directly on the presentation boards. Comments also can be posted for the previous three sessions: Urban Design; Transportation; and Affordable Housing. My coverage is here.)
The idea for a Brooklyn Crossroads Local Development Corporation, to serve as a subsidiary of Empire State Development, the gubernatorially-controlled authority that oversees/shepherds the project, was neither fleshed out much nor opposed.
Nor was the political leverage to do so established, beyond the general argument that the developer's requests for new benefits should tilt the balance. (Also, the relatively local elected officials who've attended have been supportive, as noted at bottom.)
"I think that BrooklynSpeaks initiative... is important and should be supported," Ron Shiffman, who co-founded the Pratt Institute Center for Community and Environmental Development, told me afterward. "In conversations with some of the organizers and in the breakout rooms I have attended I have urged them to think a bit more aggressively about how the project should be restructured, governed, replanned, and managed."
The idea for a Brooklyn Crossroads Local Development Corporation, to serve as a subsidiary of Empire State Development, the gubernatorially-controlled authority that oversees/shepherds the project, was neither fleshed out much nor opposed.
Nor was the political leverage to do so established, beyond the general argument that the developer's requests for new benefits should tilt the balance. (Also, the relatively local elected officials who've attended have been supportive, as noted at bottom.)
Pending is Greenland Forest City Partners's expected request for state permission to transfer most of the bulk of the unbuilt “Miss Brooklyn” tower, once slated to loom over the arena, across Flatbush Avenue to create a giant two-tower project at Site 5, longtime home to Modell’s and P.C. Richard.
That site is already approved for a 250-foot building with 439,050 square feet, but developers in 2016 floated plans for a two-tower project rising nearly 800 feet, with 1.1 million square feet of bulk.
That site is already approved for a 250-foot building with 439,050 square feet, but developers in 2016 floated plans for a two-tower project rising nearly 800 feet, with 1.1 million square feet of bulk.
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| From 2016 presentation to the Department of City Planning; note that the arena plaza and Times Plaza are portrayed as green spaces, which they're not; missing from Site 5 is the Pacific St. Bear's Garden |
Developer pushback?
But it’s hard to think that the developers wouldn’t fight this, just as they opposed earlier attempts by the coalition to create an oversight entity, finally acceding to the advisory Atlantic Yards Community Development Corporation (AY CDC), which has been mostly toothless.
That was part of a 2014 settlement, leveraged by BrooklynSpeaks’ threat of a fair-housing lawsuit, to achieve, significantly, a new May 2025 deadline for the project’s affordable housing, long promised to take ten years, but which instead was given a 25-year deadline, until 2035, after the project was re-approved in 2009.
That was part of a 2014 settlement, leveraged by BrooklynSpeaks’ threat of a fair-housing lawsuit, to achieve, significantly, a new May 2025 deadline for the project’s affordable housing, long promised to take ten years, but which instead was given a 25-year deadline, until 2035, after the project was re-approved in 2009.
A critique: planning, not bargaining
That said, the community planner who inspired BrooklynSpeaks' new governance formulation thinks it could be more ambitious.
That said, the community planner who inspired BrooklynSpeaks' new governance formulation thinks it could be more ambitious.
He said he sees less a planning process from BrooklynSpeaks than a "bargaining process that accepts the existing program as is. I would urge them to abandon a bargaining process and aggressively pursue the redesign of the project."
As I'll describe in a separate article, Shiffman envisions the likelihood of a public bailout for the project, justifying a commensurate increase in community control, with a wider group of stakeholders.
What's the deal?
At the workshop, those in breakout groups were asked to consider what public benefits were appropriate in exchange for the planned shift of bulk.
At the workshop, those in breakout groups were asked to consider what public benefits were appropriate in exchange for the planned shift of bulk.
“So that really speaks to the trade-off: Can they go up 80 stories if they give us another acre of parkland, another school?” asked Regina Cahill of the North Flatbush Business Improvement District, one of the presenters.
(Indeed, though it wasn't discussed, I wrote that, as proposed in 2016, the bulk at Site 5 would be 50% larger than the giant 80 Flatbush project. It could be worth perhaps $300 million, at least before the requirement of non-market housing.)
That wasn't fully resolved. Reporting back from one of the four breakout groups, Cahill said the central message was “Don't give the developer any more until they meet the commitments they've already made.”
“And then also who is the community and who gets to decide what… the trade-offs will be, if you're going to do trade-offs,” she said. “And I think that's a big question.”
Who's the community?
The question of “who is the community” has been a longtime issue in Atlantic Yards discourse, from the makeup of the groups signing the Community Benefits Agreement to the diversity of project opponents Develop Don't Destroy Brooklyn.
BrooklynSpeaks, on paper, is a coalition of:
At the session, presenter Gib Veconi, of the Prospect Heights Neighborhood Development Council, started by describing the history and status of the project, including the expected request to shift bulk.
Getting construction of the six towers over the Vanderbilt Yard, he said, “has been kind of a grind in terms of getting a contractor mobilized and all of the necessary approvals from the MTA and perhaps other factors that are not transparent to us.”
About governance
As part of the 2014 settlement, Veconi said, “The state agreed to create the Atlantic Yards Community Development Corporation to oversee the project's public commitments and advise the ESDC board on future changes.”
Not quite "to oversee," but a lesser role: to “improve oversight and monitoring of the project,” which leaves more leeway.
“So the Atlantic Yards CDC has a board that includes members that are appointed by local elected officials,” said Veconi. “The problem here is AY CDC charter requires its board meet four times each year, but ESD has not observed that requirement. So the effectiveness of what Atlantic Yards CDC has been able to accomplish has been limited by the fact that it just hasn't met as frequently as, as was agreed at the time of its creation.”
That’s not the half of it. The effectiveness has been limited because it’s mostly been used as a rubber-stamp, and most members express little interest in, or knowledge of, the project.
Veconi didn’t mention that he too is on the board. He’s by far the most knowledgeable, and compared to fellow board members, more adversarial. But that's a low bar.
That soft-pedaling of the AY CDC's record translated into this accurate, but hardly informative, summary from student reporters at NYC Lens, which repeated the quote about it not meeting frequently enough.
More coordination needed
Veconi noted that other large development projects in the city have more coordination between state and city governments, citing the Battery Park City Authority, the Queens West Development Corporation, and Brooklyn Bridge Park Corporation.
Those are “challenging projects like Atlantic Yards but they have real infrastructure to support getting executed over time and adapting to changing conditions,” he said, suggesting it’s time for a new model.
Cahill said that, with input from Shiffman, they’ve taking inspiration from the Harlem Urban Development Corporation, formed in the 1970s to provide for local control over development, (The Harlem UDC has a complex story, which I’ll address separately.)
Hence the idea for the Brooklyn Crossroads LDC, which would “have fluid interaction and communication and oversight by the various local and governmental agencies at the state and federal level.” Representatives from the Mayor would represent city agencies. The chair and another would be appointed by the governor, representing ESD and MTA.
State appointees would “look at the funding, the sustainability of the project and see how this can move forward”—a hint, perhaps, at a future bailout or legislative provision. Meanwhile, representatives of the Borough President and City Council level would focus on quality of life.
The purpose would be “to ensure the completion of the project while managing the negative impacts of both construction and arena events.” That implies acceptance of the developer’s plans, if they make some new commitments.
The new body, for example, would “ensure the affordable housing meets the targets.” The entity also “needs to look at the open space proposal and to see that it's truly open space,” given that the Pacific Park Conservancy is controlled by operators or residents of the towers.
The new entity would look at the transfer of density, contingent on “engaging the community in a meaningful way regarding the design of buildings and the streetscape.”
Among BrooklynSpeaks' asks, as previously mentioned: a large community gatherings to be administered by a nonprofit steward; a 25% requirement for affordable housing until 75% of the affordable units are complete; increased density at Site 5 must include new lower-income housing.
Also, the state and city must find a system for collecting and resolving reports from community members of environmental impacts from construction, and create/fund a special enforcement district to enforce construction, parking, environmental, and health and safety violations.
Discussion
Transitioning to the breakout groups, Cahill cited the questions at right, include the trade-off for additional public benefits, the vehicle for oversight, the need to respond to complaints, and the public's role in planning.
Those are big questions, and I can’t say the breakout group I observed got too far, given the requirement to simply explain the issues at hand.
Nonetheless, the coordinator of that group summed up, “So it seems like there's agreement” regarding the BrooklynSpeaks proposals.
Michelle de la Uz, of the Fifth Avenue Committee, suggested that “it's a rather unique moment,” given that the deadlines for public commitments are looming, even as the new Governor, Kathy Hochul, is seeking to establish herself.
That wasn't fully resolved. Reporting back from one of the four breakout groups, Cahill said the central message was “Don't give the developer any more until they meet the commitments they've already made.”
“And then also who is the community and who gets to decide what… the trade-offs will be, if you're going to do trade-offs,” she said. “And I think that's a big question.”
Who's the community?
The question of “who is the community” has been a longtime issue in Atlantic Yards discourse, from the makeup of the groups signing the Community Benefits Agreement to the diversity of project opponents Develop Don't Destroy Brooklyn.
BrooklynSpeaks, on paper, is a coalition of:
- several homeowner-heavy Brownstone Brooklyn neighborhood groups (Boerum Hill Association, Brooklyn Heights Association, Park Slope Civic Council, North Prospect Heights Association, Prospect Heights Neighborhood Development Council)
- two business groups (Atlantic Avenue Local Development Corporation, North Flatbush Business Improvement District)
- two nonprofit housing groups (Fifth Avenue Committee, IMPACCT)
- one church-related nonprofit (Brown Community Development Corporation)
- one social support service agency (Diaspora Community Services)
- planning groups associated with urban design and transit (CNU NYC, The Brooklyn Tri State Transportation Campaign)
Some attendees, however well intentioned, came with little knowledge or reason to question the underlying assumptions. So their general endorsement of the BrooklynSpeaks proposals, or at least non-opposition, should be seen in that context.
After all, no one's against deeply affordable housing, but if that means a project way larger than even 80 Flatbush, the brunt of impacts won't matter to most of those stakeholders.
Caution from a gardener
I followed up with Jon Crow, a coordinator of the Pacific Street Brooklyn Bear’s Community Garden, which occupies a sliver of the block dominated by Site 5 and would be threatened by a larger building.
He noted that the City Planning Commission in 2006 considered Site 5 a transitional block, lowering the height of the proposed building (from 350 feet to 250 feet), and said he thinks increased density should be spread around the project site, or even to the Atlantic Center mall--which could support towers, but is no longer owned by the Atlantic Yards developer.
Actually, only two-thirds of the "Miss Brooklyn" bulk was previously proposed to be moved to Site 5. That implies that some of it might already be on the table to be moved to the railyard sites.
No real estate developer discards building square footage, but, as I've pointed out, the price for Greenland USA to enter the project was discounted, surely in part because of the risk of not building that tower. (Also, the decision not to build "Miss Brooklyn" adds value for the arena operator, given new opportunities to monetize the plaza.)
Crow said he and other nearby stakeholders felt their comments in BrooklynSpeaks breakout sessions were discounted, and that the coalition has a "predestined position."
He said that, in conversation recently with a Greenland USA executive, he was told we're trying to do good things at Site 5, put in affordable housing, which led him to conclude something is cooking.
Setting the frame
At the session, presenter Gib Veconi, of the Prospect Heights Neighborhood Development Council, started by describing the history and status of the project, including the expected request to shift bulk.
Getting construction of the six towers over the Vanderbilt Yard, he said, “has been kind of a grind in terms of getting a contractor mobilized and all of the necessary approvals from the MTA and perhaps other factors that are not transparent to us.”
Indeed, while the developer claimed in 2019 that construction of the platform--expected in two stages, each supporting three towers--would start in 2020, it has not.
Given the need to build 876 more affordable units (Veconi said 877, but a super’s unit counts), “it's extremely likely that there will there will be a failure to meet the May 2025 deadline for completion of all affordable housing units.”
That suggests, though it wasn’t ventilated, another point of negotiation: if Greenland Forest City wants to avoid onerous $2,000/month fines for each unbuilt unit—though it maintains, with decreasing credibility, that the deadline will be met— it might promise new commitments.
Now that litigation has been settled for Site 5, Veconi said, “We’re concerned that the state potentially could move forward with approving such a transfer, thereby adding to the value of Site 5 to the developers’ benefit, at a time when it seems like the same developers will be unable to make their affordable housing commitment here on the railyards.”
State control
Unlike a project that developed out of a city process, Atlantic Yards/Pacific Park is run by the gubernatorially controlled Empire State Development, which allows a speedier process, eminent domain, and an override of zoning, he said. (And, I'd add, a long leash.)
“Although Atlantic Yards is a $6 billion project,” he said, “it's my understanding Empire State Development has only one full time staff member assigned to the project.” (And that staff member is relatively junior.) “So there's there's really not a lot of management on the state's part built into a very, very large and sensitive development project that has a significant number of public commitments.”
That said, the state has multiple staffers who have some role in the project. None of them, however, fact-check the frequently erroneous, or deceptive, two-week Construction Updates.
Given the need to build 876 more affordable units (Veconi said 877, but a super’s unit counts), “it's extremely likely that there will there will be a failure to meet the May 2025 deadline for completion of all affordable housing units.”
That suggests, though it wasn’t ventilated, another point of negotiation: if Greenland Forest City wants to avoid onerous $2,000/month fines for each unbuilt unit—though it maintains, with decreasing credibility, that the deadline will be met— it might promise new commitments.
Now that litigation has been settled for Site 5, Veconi said, “We’re concerned that the state potentially could move forward with approving such a transfer, thereby adding to the value of Site 5 to the developers’ benefit, at a time when it seems like the same developers will be unable to make their affordable housing commitment here on the railyards.”
State control
Unlike a project that developed out of a city process, Atlantic Yards/Pacific Park is run by the gubernatorially controlled Empire State Development, which allows a speedier process, eminent domain, and an override of zoning, he said. (And, I'd add, a long leash.)
“Although Atlantic Yards is a $6 billion project,” he said, “it's my understanding Empire State Development has only one full time staff member assigned to the project.” (And that staff member is relatively junior.) “So there's there's really not a lot of management on the state's part built into a very, very large and sensitive development project that has a significant number of public commitments.”
That said, the state has multiple staffers who have some role in the project. None of them, however, fact-check the frequently erroneous, or deceptive, two-week Construction Updates.
About governance
As part of the 2014 settlement, Veconi said, “The state agreed to create the Atlantic Yards Community Development Corporation to oversee the project's public commitments and advise the ESDC board on future changes.”
Not quite "to oversee," but a lesser role: to “improve oversight and monitoring of the project,” which leaves more leeway.
“So the Atlantic Yards CDC has a board that includes members that are appointed by local elected officials,” said Veconi. “The problem here is AY CDC charter requires its board meet four times each year, but ESD has not observed that requirement. So the effectiveness of what Atlantic Yards CDC has been able to accomplish has been limited by the fact that it just hasn't met as frequently as, as was agreed at the time of its creation.”
That’s not the half of it. The effectiveness has been limited because it’s mostly been used as a rubber-stamp, and most members express little interest in, or knowledge of, the project.
Veconi didn’t mention that he too is on the board. He’s by far the most knowledgeable, and compared to fellow board members, more adversarial. But that's a low bar.
That soft-pedaling of the AY CDC's record translated into this accurate, but hardly informative, summary from student reporters at NYC Lens, which repeated the quote about it not meeting frequently enough.
More coordination needed
Veconi noted that other large development projects in the city have more coordination between state and city governments, citing the Battery Park City Authority, the Queens West Development Corporation, and Brooklyn Bridge Park Corporation.
Those are “challenging projects like Atlantic Yards but they have real infrastructure to support getting executed over time and adapting to changing conditions,” he said, suggesting it’s time for a new model.
Cahill said that, with input from Shiffman, they’ve taking inspiration from the Harlem Urban Development Corporation, formed in the 1970s to provide for local control over development, (The Harlem UDC has a complex story, which I’ll address separately.)
Hence the idea for the Brooklyn Crossroads LDC, which would “have fluid interaction and communication and oversight by the various local and governmental agencies at the state and federal level.” Representatives from the Mayor would represent city agencies. The chair and another would be appointed by the governor, representing ESD and MTA.
State appointees would “look at the funding, the sustainability of the project and see how this can move forward”—a hint, perhaps, at a future bailout or legislative provision. Meanwhile, representatives of the Borough President and City Council level would focus on quality of life.
The purpose would be “to ensure the completion of the project while managing the negative impacts of both construction and arena events.” That implies acceptance of the developer’s plans, if they make some new commitments.
The new body, for example, would “ensure the affordable housing meets the targets.” The entity also “needs to look at the open space proposal and to see that it's truly open space,” given that the Pacific Park Conservancy is controlled by operators or residents of the towers.
The new entity would look at the transfer of density, contingent on “engaging the community in a meaningful way regarding the design of buildings and the streetscape.”
Among BrooklynSpeaks' asks, as previously mentioned: a large community gatherings to be administered by a nonprofit steward; a 25% requirement for affordable housing until 75% of the affordable units are complete; increased density at Site 5 must include new lower-income housing.
Also, the state and city must find a system for collecting and resolving reports from community members of environmental impacts from construction, and create/fund a special enforcement district to enforce construction, parking, environmental, and health and safety violations.
Discussion
Transitioning to the breakout groups, Cahill cited the questions at right, include the trade-off for additional public benefits, the vehicle for oversight, the need to respond to complaints, and the public's role in planning.
Those are big questions, and I can’t say the breakout group I observed got too far, given the requirement to simply explain the issues at hand.
Nonetheless, the coordinator of that group summed up, “So it seems like there's agreement” regarding the BrooklynSpeaks proposals.
Well, there wasn’t active disagreement, though there was skepticism about the public’s power.
As the four groups reported back, one presenter cited a comment that “the governor wouldn't really be giving up control willingly,” and there would be a need for horse trading.
More dramatic changes were also floated: the public sector might have to build the platform, which could cost more than $200 million, and there’s still a chance to reimagine the site significantly.
Next steps
"I think we're kind of at the beginning of a process here,” Veconi said, but progress will “take a lot of community presence, a lot organizing, and a lot of visibility.” He said BrooklynSpeaks will take in the comments made and “come back with a kind of synthesis.”
More dramatic changes were also floated: the public sector might have to build the platform, which could cost more than $200 million, and there’s still a chance to reimagine the site significantly.
Next steps
"I think we're kind of at the beginning of a process here,” Veconi said, but progress will “take a lot of community presence, a lot organizing, and a lot of visibility.” He said BrooklynSpeaks will take in the comments made and “come back with a kind of synthesis.”
That said, the process seems fairly far along, given that BrooklynSpeaks issued principles, essentially "asks," even before the sessions, which seem aimed to both refine and ratify the principles.
Michelle de la Uz, of the Fifth Avenue Committee, suggested that “it's a rather unique moment,” given that the deadlines for public commitments are looming, even as the new Governor, Kathy Hochul, is seeking to establish herself.
Electeds present
Present were Assemblymember Jo Anne Simon, who said *we have to really be watchdogs of this project going forward. In an ever more increasing way.” State Senator Jabari Brisport thanked BrooklynSpeaks for “hosting these incredible charettes.”
A latecomer to the process was Assemblymember Robert Carroll, whose 44th District has been redrawn to encompass Atlantic Yards/Pacific Park, with the 57th District (Phara Souffrant Forrest) border set at Atlantic Avenue.
“I'm really excited to work and partner with all of you as well as my legislative colleagues to make sure that the Prospect Heights community is taken care of,” he said.
Council Member Crystal Hudson, who represents most of the project site, sent a staff member, as did Rep. Yvette Clarke (who won’t be repping the site next year).
Present were Assemblymember Jo Anne Simon, who said *we have to really be watchdogs of this project going forward. In an ever more increasing way.” State Senator Jabari Brisport thanked BrooklynSpeaks for “hosting these incredible charettes.”
A latecomer to the process was Assemblymember Robert Carroll, whose 44th District has been redrawn to encompass Atlantic Yards/Pacific Park, with the 57th District (Phara Souffrant Forrest) border set at Atlantic Avenue.
“I'm really excited to work and partner with all of you as well as my legislative colleagues to make sure that the Prospect Heights community is taken care of,” he said.
Council Member Crystal Hudson, who represents most of the project site, sent a staff member, as did Rep. Yvette Clarke (who won’t be repping the site next year).
Neither Rep. Hakeem Jeffries nor Rep. Jerry Nadler, who likely will be representing the site, sent staff, nor did Council Member Shahana Hanif, whose district stretches to include Site 5.
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