As you know, the SEQRA [State Environmental Quality Review Act] regulations require that the lead agency receive public comments on an DEIS for “no less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered”. 6 NYCRR § 617.9(a)(4)(iii). Clearly that regulation applies to ESDC’s “Community Forums”. We are not aware of any factual or legal distinction between the “public hearing” held on August 23rd and the “community forums” to be held on September 12th and 18th. At both the “hearing” and the “forum” comments are being taken on the DEIS, a transcript is being made and all of the comments are being considered. Furthermore, ESDC’s “Basic Protocol for the Community Forums” notes that persons who signed up to speak at the public hearing but were not given an opportunity to speak, will be given priority at the community forums and that persons, including public officials, who already spoke at the public hearing will not be permitted to speak at the forum. Clearly, the “forums” are nothing more than a continuation of the public hearing. Changing the name of the event does not alter its essential nature. Since the forums are functionally identical to the hearing, the forums must be deemed a continuation of the public hearing and thus comments must be accepted for 10 calendar days following the last public hearing/forum.

Therefore we request that you confirm and publish a new notice recognizing that written comments will be accepted until 5:30 PM on September 28, 2006.

“We thought it was appropriate, and wanted to give the public more time to review and comment on the project,” ESDC spokeswoman Jessica Copen later told The Brooklyn Papers.