Friends And Residents Of Greater Gowanus (FROGG) To City Planning: After Sandy, How Can Department Consider 700-Unit Apartment Complex In Gowanus?

Proposed Lightstone Development next to the Gowanus Canal (credit: Lightstone Group)

Lightstone Development site, Canal at Carroll Street during Sandy  (photo credit: Margaret Maugenest)

Second and Bond Streets during storm (photo credit: Triada Samaras)

Sandy flooding at First and Bond Streets near Canal (photo credit: Carl Teitelbaum)

On November 13th***, NYC's Department Of City Planning will be reviewing The Lightstone Group's application for "minor modifications" to the previously approved land use actions at 363-365 Bond Street on two blocks right next to the Gowanus Canal. One of those minor modifications is to increase the number of units from 447 to 700, which doesn't seem so very minor at all.

In 2009, after a Uniform Land Use Review Process (ULURP) that was set in motion by Toll Brothers, a national development company, the property was spot re-zoned by City Planning from manufacturing to special mixed-use, which allows housing.
After the Gowanus Canal was declared a Superfund Site by the US Environmental Protection Agency in 2010, Toll Brothers decided to abandon plans for their proposed condo development.

Lightstone revived the project and is planning a 700-unit rental complex. In order to proceed, they just need City Planning's approval.  (It is important to note that Lightstone could start construction on the previously approved 447 unit building immediately.)

Many Gowanus residents have warned that the building site is in a flood zone A and that the infrastructure, especially the sewer system in the Gowanus area is dreadfully antiquated.  

After Hurricane Sandy and the ensuing flooding, these concerns are well founded.

The group Friends And Residents Of Greater Gowanus (FROGG) just released the  statement below aimed at NYC Planning and Chairperson Amanda Burden to address the 'new reality' about the vulnerability of our shoreline and the risks of bringing more residents to a flood plain.

BROOKLYN RESIDENTS, SMALL BUSINESSES BLAST NY CITY PLANNING’S DECISION TO CONSIDER A NEW 700-UNIT APARTMENT COMPLEX IN CONTAMINATED ZONE A

Development would be the first approved since Superstorm Sandy despite being in a flood-prone, mandatory evacuation zone along a hazardous Superfund site; Brooklyners upset at the prospective rise in insurance costs from the eventual bail out of this building in the next storm; City Planning to discuss approval November 13.***

Brooklyn residents and small businesses are outraged that the New York City Planning Commission will consider a proposal to build a gigantic 8 to 12 story apartment complex to house over 1400 residents on the banks of the Gowanus Canal, which is a hazardous federal Superfund site. Their proposed site was under more than 10 feet of toxic, sewage- contaminated water during Hurricane Sandy.
After the mandatory evacuation order for Zone A and the continuing devastation from the hurricane, many Gowanus residents have still not been allowed to return to their damaged buildings. Other high rises in the neighborhood, such as the Gowanus Houses, are still without power and heat a week after the storm. The EPA is currently conducting street-level site sampling to determie whether the cancer-causing contaminants from the canal’s toxic sediments linger and are harmful to citizens. It’s in this dystopian environment that the Lightstone Group is applying
to build an apartment complex. “It is lunacy for the city to consider this project in light of the damage from the hurricane,” says Linda Mariano, co-chair of the community advisory group Friends and Residents of the Greater Gowanus (FROGG). “We are calling for a full moratorium on development and all up-scale zoning changes in any waterfront district.”
A 2010 State Sea-Level Task Force Report recommends " restriction of new development and redevelopment in high- risk areas”. That’s because the costs of dealing with a storm’s aftermath is too costly to New York taxpayers. The dollars to bail out residents during future storm surges raises everyone’s taxes as well as insurance rates.
The NY City Planning Commission will discuss this project at a November 13 meeting at which the public is not allowed to speak. Unlike other proposals for new developments, the Lightstone project is slipping backdoor through a loophole in the city planning process. The proposal will not go through a city ULURP hearing or have to file and environmental impact statement because of
an earlier area spot zoning in 2009. However, given the federal government’s designation of the Gowanus Canal as a Superfund site in 2010 and the incredible damage and displacement
from Hurricane Sandy, it is irresponsible for the City Planning Commission to greenlight such a development at this time.
Lightstone has said that despite the storm, it will proceed with building, claiming that they plan to raise the grade of their development to offer protection to the new residents. However, the surge brought in by Sandy exceeded their proposed elevation changes. And even if their buildings are above the flood plain,  all their of nearly 1400 residents will still need to be evacuated in the next storm– a task made more complicated by the city’s evacuation route also being underwater for high tides during the storm. Furthermore, in Sandy’s wake, new developments can’t only seek to impede a flood by trapping storm water, but also need to be evaluated as to whether they can assist in the speedy drainage of future storm surges, something Lightstone’s proposal does not include.
“Flood water would not only find another path, it would go further up each side of the Canal to find open or other accessible space,” says Diane Buxbaum, a neighborhood resident and environmentalist “It makes no sense to continue building on our shore areas. Creating open areas and trying to restore some link to wetlands is the better choice.”
More than 500 Brooklyn residents and small businesses have signed a petition decrying the development, and it is also opposed by a large number of community groups incluing FROGG (Friends and Residents of Greater Gowanus), CORD (Coalition for Responsible Development) and the Central Brooklyn Independent Democrats, among others.
These allies call upon Governor Cuomo, Mayor Bloomberg, Congresswoman Nydia Velasquez and Councilman Brad Lander and other elected officials, acting under the power of the current “State of Emergency,” to take the first steps in addressing the effects of hurricane and storm surge catastrophes by calling for a moratorium on development and all up-scale zoning changes in any waterfront district that was affected by the storm surge of hurricane Sandy. They call for Amanda Burden and the NY City Planning to put an immediate moratorium on the review or approval of any pending projects planned for Zone A, including that of the Lightstone Group, until new guidelines for such development have been created. To do otherwise would not only be foolish, but irresponsible and costly to the community as well. As Governor Andrew Cuomo recently stated, “We have a 100-year flood every two years now.” The NY City Department of Planning must acknowledge this fact, and act accordingly.
We must rebuild following Sandy – but not at the water’s edge. Let’s not create new and costly regional flood control problems.

*** The hearing on this development was delayed. The date apeared on NYC Department of City Planning's online calendar prior to Hurricane Sandy, but was removed after the storm. No word yet on when it will be rescheduled.

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Gowanus Residents Hoping Full Community Board 6 Will Follow Land Use Committee's Recommendations Regarding Lightstone Development On Bond Street

On Thursday, September 27th, Community Board 6's Community Board 6 Landmarks/Land Use Committee recommended that the City Planning Commission table an application at 363-365 Bond Street submitted by Lightstone Group to the NYC Department of City Planning  requesting a three-year renewal of a previously approved special permit and approval for “minor modification of this special permit, "until such time as various specific conditions are met."

In addition, members of the committee voted 14 to 3 in favor of asking for a supplemental Environmental Impact Study (EIS) for the project as well as asking Lightstone to commit to:
*have 30 percent of the units be affordable
*reducing the over-all height of the buildings to eight stories as opposed to 12 stories.
*follow Community Board Responsible Contractor Conditions (which include union labor)

The matter will go in front of the full Community Board on October 10th, where a final vote will be taken.

Here is the information:

Community Board 6 General Board Meeting

October 10th

at 6:30 PM

Prospect Park Residence

1 Prospect Park West

Brooklyn, NY 11215

Though the full Community Board mostly aligns its vote to the committee's vote, Gowanus residents are not taking a chance.

They are currently collecting signatures on a petition that they will present to members of the Board on Wednesday evening.

A statement reads:

Even though the turnout at the Public Hearing was larger than any other hearing in the neighborhood in recent memory, and even though the number of folks opposed to the project outnumber those who were for it 3 to 1, and even though the CB6 Land Use subcommittee voted to urge the Department of City Planning to TABLE the Lightstone Group Proposal for Bond and Carroll Street 12 to 2, it now lies with the larger body of CB6 to determine whether this recommendation will be passed along to DCP. 

We are hoping that they will listen to the community and approve the recommendation. But we want them to know that there is widespread community support for this motion. And since the Lighstone Group has hired at least 3 lobbying groups to actively work on this, targeting the Department of City Planning, NYC Council members, and others, we feel it was very important to take this action in order to make sure that the community's voice, and not just that of Lightstone lobbyists, are heard. (You can go here and enter "Lightstone" to see the companies they have employed for this and who their targets are: http://www.nyc.gov/lobbyistsearch/ )

The petition can be found here: http://savegowanus.org/petition

Please make time to attend this important Community Board 6 meeting and to sign the petition.

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Community Board 6's Land Use Committee Weighs In On Lightstone Development In Gowanus And Asks For Supplemental Environmental Impact Study

Peter Fleming, Chair of Community Board 6's Land Use Committee

The Lightstone 'group'

Heather Gershin of the 5th Avenue Committee

Diane Buxbaum, local resident and member of the Sierra Club

Marlene Donelly of Friend sAnd Residents Of Greater Gowanus (FROGG)

Owen Foote Of Gowanus Canal Dredgers

Councilman Brad Lander

PS 32's auditorium was filled to capacity last night for the monthly Community Board 6 Landmarks/Land Use Committee meeting. The Board, chaired by Peter Fleming, was reviewing The Lightstone Group's application for "minor modifications" to the previously approved land use actions at 363-365 Bond Street in Gowanus, and it was obvious that the community had come out in force to weigh in.

Lightstone is reviving the former Toll Brothers project on Bond Street adjacent to the Gowanus Canal. Back in 2009, the land at 363-365 Bond Street was spot re-zoned from manufacturing to special mixed use by New York City after a lengthy Uniform Land Use Review Process (ULURP) that was set in motion by the previous developer.

Though the project is basically the same as  previously proposed by Toll, who decided to walk away when the Gowanus Canal was designated an EPA Superfund Site,  Lightstone has asked the New York City Planning Commission to modify and grant a three-year renewal of a special permit granted to Toll in 2009. City Planning considers these changes "minor" modification's which are subject to review and approval only by the Commission, rather than 'major' modifications, which would require the initiation of a new ULURP.

The changes requested by Lightstone include "variations in the base height of the project, building heights and footprints of portions of the buildings, relocation of parking entrances, changes to the location and design of the open space, and changes to the number of residential units from 447 to 700.

Peter Flemming quickly pointed out that the Community Board was not going to revisit the original spot-rezoning.  "The Department Of City Planning has determined that this is a minor modification. We are not here tonight to discuss whether this is a minor modification," Fleming told the audience. "Though not required, City Planning has asked CB6 for a review and recommendation of those changes. City Planning may take these recommendations into consideration when making a decision."

Then it was Lightstone's turn to present its development. The developer's representative started off by stating: "Carroll Gardens is one of the best neighborhoods in the five boroughs and this is the kind of place where we want to make a long term investment." He continued by giving a short overview of their project. It is a mixed-use, all-rental development with 700 units. It will be made-up 560 market rate apartments and 140 affordable, fully integrated apartments. There will be two small retail spaces on Bond Street, community spaces on the Canal and on 1st Street as well as open space along the Canal. There will also be parking for 316 cars.The buildings will range in height from 6 stories to 12 stories, with the higher buildings on the canal front. The affordable component will be affordable in perpetuity and will be managed by the Fifth Avenue Committee.

After the presentation, members of the audience wishing to make a comment were permitted to speak for two minutes each. Those speaking in opposition far outnumbered those in favor.
Amongst those for the project were Ray Howell, Bill Duke and Owen Foote, members of the Gowanus Dredgers (who incidentally negotiated with Lightstone for a community facility space).  Bill duke felt that "this is something new that is very exciting that provides public access and a means for canoeing,"
Jean Austin, who is affiliated with the Gowanus Canal Community Development Corporation, cited the lack of affordable housing in the neighborhood and therefore welcomed the units Lightstone's project would provide.

Those opposed cited the fact that the existing infrastructure, especially the already taxed Bond Street sewer system, could hardly accommodate a development of the size proposed by Lightstone.
Marlene Donnelly of Friend and Residents Of Greater Gowanus stated: "There is nothing in this system that says we have capacity for additional toilets and sewers for a project this size. We are faced with several other projects that might come aboard like the Public Pllace site and the Gowanus Green project and ever other housing project that wants to go into this drainage area. The problem that we have here is that the Environment Impact Statements (EIS) are dealt with in isolation. No one is looking at the cumulative effect. This project should not go forth in isolation."

Schools were also a concern. "PS 58 is at 120 percent capacity," one resident reminded everyone. So were hospitals and the already overcrowded subway. "You can't physically get into the subway in the morning," another resident stated.

Diane Buxbaum, representing the New York State Chapter of the Sierra Club, cited concerns about sea level rise and that we should be pulling away from our shoreline instead of bringing more residents to flood plains. "I understand the need for affordable housing. I understand Mayor Bloomberg wanting additional tax bases, but we need to protect people by not putting them in harms way."

Councilman Brad Lander stated that he did not support the rezoning of 363-365 Bond Street by Toll Brothers in 2009, because he did not "believe that it made sense to have a one-off, privately-sponsored 'spot rezoning' for a small piece of the Gowanus area. What we need is a long-term comprehensive plan that begins with a comprehensive clean-up, invests in sustainable infrastructure, and builds on the mixed-use character of the neighborhood. Thanks to Superfund designation, I believe that we have a real opportunity to get this in the years to come."

Members of CB6's Land Use Committee also seemed to have concerns about the project, the lack of additional EIS and the limited public process of the 'minor modification' application to City Planing.

Committee member Bette Stoltz stated: "I will be ashamed of us if we do not ask City Planning , no, even demand that City Planning go through another Environmental Impact Study. We have never seen the context change so dramatically before the development began as happened with this EIS." Her statement was greeted by the public with thunderous applaud.

Elly Spicer reminded her fellow members that the Toll project re-zoning and special permitting had originally been approved because Toll had committed itself to using union labor, something that Lightstone has not done, though the developer had been offered a 20% reduction contract from all of the building trade. "Lightstone clearly is more interested in big profits at the expense of the community and the wages the residents need and deserve. Therefore, I am opposed to this project on that level and the method by which it is approved."

In the end, Peter Fleming reinforced the point that had been made by Board President Daniel Kumer, that "since City Planning was treating this as a fairly open process, we should treat it the same way. If we have an opinion, we should make that opinion a part of the motion."

The following motion was then put forth:
-Request that City Planning not move ahead with this and that it be tabled until a supplemental EIS is performed.
-that the developer commit to the following:
* that 30 percent of the units be affordable
*that the over-all height of the building be reduced to eight stories as opposed to 12 stories.
*and that the Community Board Responsible Contractor Conditions (which include union labor) be followed.

The motion passed 14 to three in favor.

The result prompted more cheering from the crowd.

The issue will now go in from of the entire community board in October.

*****

Below please find the testimony given last night by Rita Miller of Carroll Gardens Coalition For Respectful Development (CORD.)  It was one of the best statements last night.

Good evening
I am a co founder of cord and serve as the CORD representative on the administrative, real estate and water quality committees of the CAG [EPA Gowanus Superfund Community Advisory Group]
In that capacity I was one of the very limited number of cag members, as per the developer's request, that Lightstone agreed to meet with last week.
But I am here tonight as a resident and CORD member.

It is my understanding that it is your role, as the land use committee members to assess and advise on this new application by Lightstone

I deliberately use the word new, not only because of the changes, minor or not, but because of the fact that this proposal comes before you under a different set of circumstances than its predecessor did

As the Cord representative on the Cag--i have been lucky enough to learn a great deal not only about the canal, our sewer system, the superfund, that a floatable is not always a pool toy---but about how things within our government work, how rules are created and applied and mostly how we must adapt and sometimes be brave enough to fight back when we recognize that the application of the same old rules is just not working for us

That is really the dilemma before you this evening because tonight is not about being for or against this project

Tonight is not about being pro or anti development

Tonight is about being for or against what is in the best interests of your community, your neighbors and your own families

Tonight is about saying out loud--superfund designation of that canal is the best thing that ever happened here --it has changed the old rules -and is the one shot we have at getting some of our most pressing present environmental problems fixed and improving the conditions for whatever future WE participate in creating for our own community

We are on new ground here--this is an exciting time and you are in a position to make a real difference

Do you want to? Are you strong enough? Or do you want to rubber stamp a project just because the "rules" , as provided to you in such a narrow fashion, say you should...

The Epa tells us developers are interested in the area---

Be brave--send a message to city planning that you will not be used -- don't thank them for including you--stand up and tell them we want a comprehensive rezoning first a STUDY of the area that addresses the cumulative impact of that rezoning and any proposed projects upon our environment, our community and the proposed remedy--something this 'spot rezoned before so therefore we must plop it down now' mind set does not do--Tonight is the night to say, no.

And here is the testimony I gave myself in front of the Committee last night:

My name is Katia Kelly,

As a member of the EPA Gowanus Community Advisory Group's water quality and real estate committees, I had the opportunity to meet with the representatives of Lightstone to discuss their proposed development on the shores of the Gowanus Canal. I was one of eight CAG members that Lightstone agreed to meet with.

I am not speaking for the CAG tonight, but as a long time resident of this community.

Back in 2009, this Community Board voted to allow the spot-rezoning of 363-365 Bond Street.
The board somehow ignored the fact that the Gowanus Canal was a highly toxic waterway and that the City uses the canal as an open sewer.

The board dismissed the many area residents who argued that the canal needed to be cleaned and the sewer system updated before any thought of development. They warned that it was dangerous and a liability to put more residents in harm's way.

But still, many members on this board went ahead and voted yes.

Shortly afterwards, the EPA declared the canal a Superfund site, proving beyond a shadow of a doubt that this is one of the most polluted waterways in the United States.

With this new scientific knowledge, this board is now asked to rubber stamp some 'minor' modifications, which would bring even more people to the canal, even before the clean-up has started.

This board cast the wrong vote back in 2009
Please cast the right one this time.

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REMINDER! Important Public Meeting: This Thursday, CB6 To Review Lightstone Group's Application For 'Minor' Modifications At 363-365 Bond Street, Gowanus

363-365 Bond Street 

REMINDER! 

THIS MEETING IS TONIGHT

Mark your calendar! There is an important public hearing coming up.
Brooklyn CB6 Landmarks/Land Use Committee will be reviewing The Lightstone Group's application for "minor modifications" to the previously approved land use actions at 363-365 Bond Street. The meeting will be held at 6:45pm on Thursday, September 27th and it will take place at P.S. 32 Auditorium, 317 Hoyt Street (between Union/President Streets), Brooklyn.

As many of you probably know by now, Lightstone is reviving the former Toll Brothers project on  Bond Street in Gowanus. Back in 2009, after a Uniform Land Use Review Process (ULURP) that was set in motion by Toll Brothers, the property was successfully spot re-zoned from manufacturing to special mixed-use by the City of New York despite the protests of many members of the community who pleaded with city officials to first clean the Gowanus Canal thoroughly before rezoning the area.

Shortly afterwards, however, the Environmental Protection Agency came to the community to inform residents of the toxicity of the Canal and declared is a Superfund Site. It did not take long for Toll Brothers to abandon its plans, stating that the Superfund designation made it impossible to go forward with their 447 unit luxury condo project.

The Lightstone Group doesn't seem to share the same concerns and is charging ahead. Though the project is basically the same as the one proposed by Toll Brothers, Lightstone has asked the New York City Planning Commission to modify the special permit granted to Toll Brothers back in 2009. City Planning considers these changes "minor" modification,s which are subject to review and approval only by the Commission, rather than 'major' modifications, which would require the initiation of a new ULURP.

The changes requested by Lightstone include "variations in the base height of the project, building heights and footprints of portions of the buildings, relocation of parking entrances, changes to the location and design of the open space, and changes to the number of residential units and size of non-residential portion of the proposed development."

Many Gowanus residents would not consider the change from 447 condo units originally planned by Toll to 700 rental units proposed by Lightstone quite so minor, especially on a site next to a Superfund which also happens to be in a flood zone. Besides, the project will increase the strains on the already overloaded, antiquated sewer infrastructure on Bond Street.

The community will have an opportunity to voice its concerns at Thursday's CB6 Land Use Committee on Thursday. Make sure you are there.

To read more on Lightstone's project , click here.

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Carroll Gardeners Urge NYC Planning Commission To Re-Think R6A Zoning Pockets

NYC Planning Commission Hearing
on Carroll Gardens/ Columbia Street Contextual Rezoning

Amanda Burden, Chairperson of the NYC Planning Commission

Carroll Gardener Rick Luftglass

39th Council District Candidate and Carroll Gardens Resident Gary Reilly

Jerry Armer Testifying for Community Board 6

Raul Rothblatt, Director of the Four Borough Neighborhood Preservation Alliance

Carroll Gardens Neighborhood Association President Maria Pagano

Tom Gray from Councilman Bill De Blasio's office

Norman Cox, of the Columbia Waterfront Neighborhood Association

The Carroll Gardens/ Columbia Waterfront Contextual Re-Zoning continued its progress through the Uniform Land Use Review Procedure (ULURP) on Wednesday, when area residents had a chance to testify in front of New York City's Planning Commission.

About a dozen speakers, some representing the Coalition For Respectful Development (CORD), and the Carroll Gardens Neighborhood Association, thanked the Brooklyn Office of City Planning for their efforts to rezone Carroll Gardens and the Columbia Waterfront in order to protect the character and scale of this brownstone neighborhood. The plan calls for a zoning of R6B on most of the residential blocks, which will impose a height limit of 50 feet on the buildings.

But most every speaker commented on what many saw as a flaw in the re-zoning plan: the Office of City Planning is proposing to up-zone several blocks of Columbia Street, Henry Street and Clinton Street to R6A, which has a height limit of 70 feet.
This concern has been raised by local residents at every stop of the ULURP process. The office of City Planning claims that the R6A designation is needed to bring the buildings on those blocks into compliance, since they are already bigger than brownstones on surrounding blocks.

Amanda Burden, the Chairperson of the NYC Land Use Committee, explained that the re-zoning was a framework which would bring current out-of-scale buildings into compliance. The R6A designation for those particular pockets within the neighborhood would accomplish that.

Local residents seemed doubtful. Carroll Gardener Rick Luftglass felt that R6A was an up-zoning, increasing the Floor Area Ratio (FAR) from 2.2 to 3.00, thereby creating an incentive to homeowners on those blocks to use the extra FAR to build roof additions.

Unfortunately, it seems that the Office of City Planning does not possess the tools to properly deal with a case such as this. What is needed, in essence, is a special zoning in between an R6A and R6B to not only bring the out of scale buildings into compliance, but also to limit any additional height.
It seems unlikely that these tools will be created any time soon.
What a pity. As resident Maryann Young stated: "If Mayor Bloomberg can come up with the tools to run for a 3rd term," City Planning should be able to come up with to create a special zoning which would truly protect the neighborhood.




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