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January 16, 2007

Did ESDC address post-FEIS comments? Not quite

Atlantic Yards Report

How did the Empire State Development Corporation (ESDC) respond to nine letters in response to the Atlantic Yards Final Environmental Impact Statement (FEIS) received in the final weeks and days before project approval?

The agency downplayed or ignored some crucial comments, as the agency responded to one ten-page letter in just two paragraphs and refused to fully address a crucial question about housing subsidies, according to newly-released documents, obtained via a Freedom of Information Law request.

Moreover, the ESDC delivered 600 pages of data requested by two transportation consultants just two days before the project was approved, and large questions remain about the impact on traffic and transit.

However, when the ESDC approved the Atlantic Yards project on 12/8/06, the four board members present were told by the agency’s Rachel Shatz, “Staff with our consultants carefully considered all the comments and determined that no new issues had been raised, and there is no need for any additional analysis in light of the information and conclusions in the FEIS.” (That mirrored the status memo accompanying the letters.)

That day I asked for copies of the letters and the agency's responses. Then-ESDC Chairman Charles Gargano said “of course.” Instead, the agency directed me to file a Freedom of Information Law (FOIL) request. I did so, and on 1/4/07—well after the project was approved by the state Public Authorities Control Board on 12/20/06—I was sent copies of the documents.

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Posted by lumi at January 16, 2007 10:05 AM