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-No Land Grab.org
-Atlantic Yards Report
-The Footprint Gazette
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more..
Environmental Documents

DDDB Attorney Jeffrey Baker's Response including:
-Procedural Errors
-Objections Under the UDC Act the EDPL, and the Constitution
-Improper Alternatives Analysis
-Blight
-Demands on Energy Sources
-Conclusion

DDDB Response to Blight Study

DDDB Response to Dismissal of Coney Island Arena Alternative

Study of the Atlantic Terminal Urban Renewal Area - Lishawn Alexander and Allison Dean, Hunter College Department of Urban Affairs & Planning

Borough President Letter to ESDC

Borough President DEIS comments

Councilmember Letitia James

Council of Brooklyn Neighborhoods Response


Commnity Board 6 Motions and Response

Commnity Board 2 Response

American Planning Association - Metro Chapter Response

South Brooklyn Legal Services' Response


Riverkeepers Response

Fort Greene Park Conservancy

Mary-Powel Thomas
- President District 15 Community Education Council
-School Capacity

Friends and Residents of Greater Gowanus (FROGG)

Tristate Transportation Campaign

Boerum Hill Association

Alan Rosner on Security

Jeff Strabone Member of Community Board 6

Letters re: DEIS
DDDB Attorney to ESDC, re: End of Comment Period

Candidate Eliot Spitzer calling for longer comment period

Council Speaker Christine Quinn calling for longer comment period

District Leader JoAnne Simon to Gargano on the Aug. 23rd public hearing

August 31, 2009:

Comments submittted to ESDC in response to the MGPP:
> Jeffrey Baker on behalf of DDDB
> Daniel Goldstein
> Council of Brooklyn Neighborhoods -- Includes Kahr Real Estate Financial Feasibility Study and Dr. Tom Angotti Response)

ESDC MGPP Documents:
> Memo to the ESDC Board (9.17.2009)
> Response to Public Comments (9.14.2009)


July 17, 2009:
A Modified General Project Plan (MGPP) was adopted by the Empire State Development Corporation on June 24, 2009. The MGPP and related documents can be downloaded:

> MGPP
> Technical Memo
> Figures 1-9
> Figure A1-7


> 2006 Design Guidelines


WHAT'S PENDING as of July 14, 2009:

EIS Lawsuit -- Ruling Issued by Court Against DDDB et al. on February 26, 2009

The petitioners will file a motion for leave to appeal to the Court of Appeals.

On June 30 the the Appellate Division denied the petitoners motion for leave to appeal.

Petitioners ask the Appellate Division for the right to appeal to the Court of Appeals.


Develop Don’t Destroy Brooklyn et al. File Motion Seeking Appeal of Adverse Ruling in Court of Appeals on Atlantic Yards EIS Lawsuit
Press Release: March 30, 2009

In effort to appeal EIS case, plaintiffs charge "evidence of corruption" in ESDC's blight study
Atlantic Yards Report. March 30, 2009

Press Release on the Ruling

Press Coverage on the Ruling:
Appellate court, despite some misgivings, dismisses EIS case; one judge concurs but slams blight study, says his hands were tied
--Atlantic Yards Report

Atlantic Yards developer wins key legal victory
Forest City Ratner gets a green light from courts but still needs one from banks.
--Crain's New York Business


Concerns 'Legitimate' But Project Proceeds
--New York Law Journal

Legal Victory for Atlantic Yards Developer
--New York Times City Room Blog

Breaking news! Ratner wins a big Yards case
--The Brooklyn Paper

DDDB et al. v. ESDC et al.
Appeal on state lawsuit against the Atlantic Yards Environmental Impact Statement (EIS) and approval.
In the Supreme Court, Appellate Division, 1st Department (Manhattan)

Click for all case files

Oral arguments took place on September 17th in State Appellate Court in Manahttan

In appeal of case challenging AY environmental review, some justices skeptical of state’s blight claim
Atlantic Yards Report. September 18, 2008.

Press Release on the argument:
Oral Argument in Appeal on Atlantic Yards Environmental Review and Approval Focuses on Key Issue of Blight
State Appellate Court Justices Skeptical About New York State’s Blight Claim As Basis for Bruce Ratner’s Project


July 7, 2008
DDDB and 25 Co-Plaintiffs File Appeal in Lawsuit Against the Empire State Development Corporation, MTA & PACB
Plaintiffs Seek to Overturn Supreme Court Decision on Suit Seeking to Annul Fatally Flawed Environmental Impact Statement and Approval of Forest City Ratner's Atlantic Yards Proposal
Click to download pdf of the appeal


--------------------------------------
Previously:

DDDB et al. v. ESDC et al.

State lawsuit against the Atlantic Yards Environmental Impact Statement (EIS) and approval


Preliminary appeal briefs are here.

The Appellate Court has set the appeal schedule. Plaintiffs are to file their appeal briefs in July, and there will be an argument scheduled in the September (2008) term.
More information here.

On January 11th, State Supreme Court Judge Joan Madden issued her decision against the community plaintiffs challenging the review and approval of the Atlantic Yards project.

The judge's decision is here [pdf]. DDDB's press release is here.
We believe the case was wrongly decided and are appealing.

Atlantic Yards Report coverage is here.

--------------------------------------

WHAT'S PENDING as of October 4, 2007:

State Supreme Court Case Challening the Review & Approval of "Atlantic Yards"

After the nearly 4-hour hearing for DDDB et. al. v. ESDC et. al., a suit which seeks to annul the environmental review and approval of "Atlantic Yards," Justice Madden said she would try to have a decision within 4 to 6 weeks.On July 17 the court contacted the attorneys for the parties to announce that the court clerk has changed the case's designation from "standard" to "complex," and that Justice Madden has up to 120 days to render a decision. 120 days from the May 3rd oral argument was on August 31st; which means that today marks 154 days since the oral argument.

This means that a decision can come any time.



WHAT'S PENDING as of August 23, 2007:
After the nearly 4-hour hearing for DDDB et. al. v. ESDC et. al., a suit which seeks to annul the environmental review and approval of "Atlantic Yards," Justice Madden said she would try to have a decision within 4 to 6 weeks.Today, June 19, marks 10 weeks since the oral argument. On July 17 the court contacted the attorneys for the parties to announce that the case has changed the case's designation from "standard" to "complex," and that Justice Madden has up to 120 days to render a decision. 120 days from the May 3rd oral argument would take us to August 31st.

On July 31st attorneys for plaintiffs on the federal eminent domain lawsuit Goldstein v. Pataki filed their appeal brief to the United States Second Circuit Court of Appeals. Plaintiffs are appealing Judge Garaufis' June 6th decision.

Oral argument on the appeal is scheduled for Oct. 9, 10am.

WHAT'S PENDING as of April 5, 2007:
On April 5 DDDB and 25 co-plaintiffs filed a lawsuit in State Supreme Court seeking to annul the Environmental Review and approval of the "Atlantic Yards" project. The named defendants are the Empire State Development Corporation (ESDC), the Public Authorities Control Board (PACB), the Metropolitan Transportation Authority (MTA), and Forest City Ratner. A summary of the lawsuit's causes of actions are here.

Success in the suit would send "Atlantic Yards" back to the ESDC for a complete or partial new environmental review and a new vote by the PACB. But this time, all of that would occur under the reform-minded Spitzer Administration.

Oral arguments in the Manhattan State Supreme Court House are scheduled for May 3rd at 3:30 pm.

WHAT'S PENDING as of January 1, 2007:
On December 20th the Public Authorities Control Board (PACB) voted to approve the "Atlantic Yards" project, just 11 days before Governor Pataki left office and despite an incredible dearth of pertinent and crucial financial information, housing guarantees, and many unanswered questions.

This means that the project has passed its one and only political vote by three-men-in-a-room.

Big questions remain:

1. Will Governor Spitzer and his Administration weigh in?

2. There is a pending federal eminent domain lawsuit, and the project cannot be built if the property owners and tenants win their suit. Oral arguments for that lawsuit are scheduled for February 7th in the Eastern District. Legal briefs can be found here.

3. A legal challenge to the Environmental Impact Statement could come any day.


WHAT'S PENDING as of December 8, 2006:
The ESDC approved the Final Environmental Impact Statement (FEIS) and its findings, the findings and determinations under the state's Eminent Domain Procedure Law (approving its use), and a modified General Project Plan. All of those documents can be found here: www.empire.state.ny.us/atlanticYards.

Next up vote, which must be unanimous, by the Public Authorities Control Board (PACB), which is controlled by the Governor, the Assembly Speaker Silver, and the Senat Majority Leader Bruno. That vote could occur on December 20th.

Lawsuits are expected on the FEIS. There is currently a federal lawsuit challenging the constitutionality of the use of eminent domain for Atlantic Yards. That case, filed on October 26th, is in the Eastern District.



WHAT'S PENDING as of November 15, 2006:
The Final Environmental Impact Statement (FEIS) was released by the Empire State Development Corporation (ESDC) on November 15, 2006. The very large document can be found here: www.empire.state.ny.us/AtlanticYards/FEIS.asp

The ESDC is supposed to respond to every comment made by the public. Chapter 24 includes those commetns and responses: click here to download the pdf of Chapter 24.

The ESDC now has a minimum of ten days to approve the findings of the FEIS. That vote is expected sometime around November 28th. The ESDC will then pass the project along to the Public Authorities Control Board (PACB). The PACB vote–controlled by Assembly Speaker Silver, Senate majority Leader Bruno, and the Governor–requires unanimity for passage.


Develop Don't Destroy Brooklyn intends to go to court to challenge the grossly deficient FEIS.


Completed:
WHAT'S PENDING as of September 29, 2006:
The public comment period on the Draft Environmental Impact Statement (DEIS) has ended.

Enormous amounts of comments were submitted to the Empire State Development Corporation (ESDC) by scores of organizations and hundreds of individuals. Click here for links to some of these comment submissions.

Now the ESDC must review all these comments and respond to them in a Final Environmental Impact Statement (FEIS).

That FEIS could legally come out as soon as October 9, 2006, but with the amount of responses submitted to ESDC that is highly unlikely. Though ESDC is clearly trying to fast-track their approval we expect that the FEIS will not be released until late October or November. But it is a sign of the continuing non-public, and non-transparent process that the public does not even receive basic information like a timeline.

Once the FEIS is released the ESDC Board will then vote to approve it which is expected to be a rubberstamp. This would include approval of eminent domain.

Then the Public Authorties Control Board (PACB)–comprised of Assembly Speaker Silver, Senate Majority Leader Bruno and the Governor will have to vote on the project.

As all of this is going on, lawsuits from the public are expected.


COMPLETED as of September 29, 2006:
Next hearings scheduled on the Draft Environmental Impact Statement (DEIS):

Tuesday, September 12, 2006 – 4:30 pm – 8 pm
at the New York City College of Technology (Klitgord Auditorium)
285 Jay Street, Brooklyn

We are urging people not to attend the 9/12 hearing. Here is why

Monday, September 18, 2006 – 4:30 pm – 8 pm
at the New York City College of Technology (Klitgord Auditorium)
285 Jay Street, Brooklyn

COMMENTS TO THE ESDC MUST BE SUBMITTED BY:á
Written comments must be RECEIVED by the ESDC no later than 5:30 PM, Friday, September 22, 2006. Send your comments (delivery receipt and signature requested) to:

Atlantic Yards c/o ESDC
Empire State Develpment Corporation
633 Third Avenue
New York, NYá 10017

Email your comments (delivery receipt option selected) to:
atlanticyards@empire.state.ny.us

**PLEASE NOTE:
Please Email a copy of your DEIS submissions to:
cbrookynneighborhoods@hotmail.com.
Hard copy to:
Council of Brooklyn Neighborhoods
201 Dekalb Avenue
Brooklyn, NY 11205.


THERE WAS A PUBLIC HEARING FOR COMMENT ON THE DEIS
ON WEDNESDAY, AUGUST 23RD
Click here for some of the testimony submitted at the hearing.


• Download the Draft Environmental Impact Statement (DEIS)

• Download the General Project Plan (GPP)
State Environmental Quality Review (SEQR). Ongoing...
The next step in the State Environmental Quality Review (SEQR) process will be the release of a Draft EIS (DEIS). The public then has a chance to respond to the DEIS at a public hearing and officially within, most likely, a 45 or 90 day period. 
 
March 31, 2006. Final Scope of Analysis Released
Final Scope of Analysis
Ratner Press Release on the Final Scope of Analysis

Forest City Ratner Releases Final Scope of Analysis saying proposal has been scaled down.
Well, that is Orwellian as it has grown 659,000 sq. feet since it was unveiled 27 months ago, and it remains the BIGGEST project ever proposed by a single developer in the history of New York City...

  December 2003
Proposal Unveiled
March 2006
Final Scope Released
Total Sq. Footage 8 million gross sq. feet. 8.659 million gross sq. feet
Total Building Heights 5395 feet 5623 feet
Housing Units 4,500 6,860
Speculated Jobs 10,000 2,300
(only 700 might be new)

The plan remains an urban planning disaster. It still continues to abuse and use the threat of eminent domain. It is still out of scale, density and character with its surroundings. It is still going through an unaccountable, backroom, non-transparent, non-inclusive, undemocratic process. It would still overwhelm its surrounding communities and pickpocket city and state taxpayers. And it is still a destructive, publicly-subsidized, backroom, sweetheart deal.

We will be reviewing the final scoping document over the next few days to determine if it has included the massive amounts of community response to the draft scope. What we have seen so far is that the Draft Environmental Impact Statement (DEIS), which might come out in late May or early June, will include a point-by-point comparison to Extell's community-based plan, the UNITY Community Plan, and the Pacific Plan.
Read the Council of Brooklyn Neighborhoods Response to the ESDC regarding Atlantic Yards Scoping. This is the document submitted to the ESDC. It also contains the results of the recent survey. The pdf file is 3.2 megs, and 325 pages long. Thank you to all those in the community who submitted their input to CBN and the ESDC, and a big thank you to CBN for the service they have done for the community with this document.

Council of Brooklyn Neighborhoods (CBN)
Visit Council of Brooklyn Neighborhoods for more info...

SCOPING TESTIMONY AND RESPONSES BY:
State Senator Velmanette Montgomery, 18th District (pdf)
Assembly Member Joan Millman, 52nd District
City Council Member Letita James
Community Board 8
Community Board 6 (pdf)

Council of Brooklyn Neighborhoods, CBN (pdf)
Develop Don't Destroy Brooklyn, DDDB (pdf)
The Fifth Avenue Committee (pdf)
Fort Greene Association (pdf)
Municipal Art Society (pdf)
Regional Plan Association (RPA) (pdf)
Riverkeeper, Inc & Columbia Environmental Law Clinic (pdf)


Ten Point Plan for Community Board 8's Participation in ESDC’s State Environmental Quality Review of FCRC’s BAY Development

"Borough Board" meeting minutes.
DRAFT SCOPE of Analysis
The State Environmental Quality Review Act (SEQRA) process has started with the announcment below from the lead agency overseeing Ratner's project––The Empire State Development Corporation.

The draft scope of analysis may be downloaded below. Comments on the draft scope of analysis may be presented at the public scoping meeting or written comments may be sent to the address listed below. Written comments will be accepted until 5:00 P.M. on October 28, 2005.

Supporting Documents:
–– Notice of Public Scoping and Intent to Prepare a Draft Environmental Impact Statement (pdf)
–– Draft Scope of Analysis (pdf)

Atlantic Yards Arena and Redevelopment Project
Empire State Development Corporation (ESDC) in conjunction with the City of New York, New York City Economic Development Corporation and Forest City Ratner Companies is pursuing the proposed Atlantic Yards Arena and Redevelopment project. The proposed project involves the construction of a major mixed-use development in the Atlantic Terminal area of Brooklyn, occupying an approximately 22-acre area, generally bounded by Flatbush, Atlantic, and Vanderbilt Avenues, and Dean Street, together with a portion of the site known as Site 5 of the Atlantic Terminal Urban Renewal Plan, on a block bounded by Flatbush Avenue, 4th Avenue, and Pacific Street. ŠThe proposed project includes an arena for use by the Nets professional basketball team, as well as residential, office, retail, hotel, open space, and parking uses.Š The proposed project would also include the complete redevelopment of the existing Long Island Rail Road Vanderbilt Rail Yard, and construction of a new entrance to the Atlantic Terminal subway station at the corner of Atlantic and Flatbush Avenues. ESDC proposes to serve as lead agency for the environmental review process for the proposed project to be carried out under the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations.

General Project Statistics (from the scoping document)
The development program currently includes, at full build-out, approximately 628,000 gross square feet (gsf) of commercial office space, 196,000 gsf of hotel use, 256,000 gsf of retail, up to 7.2 million gsf of residential use (approximately 7,300 residential units), approximately 4,000 parking spaces, more than 7 acres of publicly-accessible open space, and the proposed 850,000 gsf arena, which would accommodate 18,000 to 20,500 seats and provide approximately 1 acre of privately-accessible open space on the roof. The proposed project would also provide community facilities, including a health care center and an intergenerational community center offering child care and youth and senior activities. As part of the proposed project, a portion of the parcel identified as Site 5 (currently occupied by PCRichards/Modells) of the Atlantic Terminal Urban Renewal Plan would be developed with approximately 356,000 gsf of residential use and 347,000 gsf of office use in addition to the existing approximately 47,000 gsf of retail. In order to provide flexibility in the development plan to allow the Project Sponsors to meet potential future demand for office space, the proposed project also contemplates a variation in the uses for Tower 1, Tower 2 and Site 5, such that the mixed and residential uses planned for these buildings would be devoted to commercial use.

A hard copy of the scoping documents may obtained by contacting ESDC at:
Atlantic Yards c/o Planning & Environmental Review
Empire State Development Corporation
633 Third Avenue
New York, NY 10017
(212) 803-3254
atlanticyards@empire.state.ny.us