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September 17, 2009
DDDB PRESS RELEASE: ESDC Re-rubberstamps Ratner’s Atlantic Yards Project
Action is Likely to Lead to Community Lawsuit
NEW YORK, NY— Today the Empire State Development Corporation, the lead agency for Forest City Ratner’s Atlantic Yards development proposal, gave its rubberstamp re-approval to the Modified General Project Plan.
The Brooklyn community’s comments to the ESDC were not given adequate response. Today’s actions will likely lead to new litigation against the ESDC and the Atlantic Yards plan because the agency is required by law to undertake a Supplemental Environmental Impact Statement (SEIS), but did not. (Some of the community’s comments are here.)
“It is unfortunate for the ESDC and Forest City Ratner. Had they done things by the book, by the letter of the law, the project wouldn’t be in such substantial trouble. But they haven’t. And with today’s actions, and no Supplemental EIS, the ESDC is taking irreversible steps that will send Atlantic Yards further into community litigation," said Develop Don’t Destroy Brooklyn spokesman Daniel Goldstein. "The likely outcome of today’s actions by the Empire State Development Corporation is that they will be sued."
The State Environmental Quality Review Act (SEQRA) requires an SEIS if there is newly discovered information; changes proposed for the project or a change in circumstances related to the project.
The newly discovered information, in part, is the clear realization that the project, will, at best take decades to complete. Forest City Ratner’s agreement with the MTA guarantees a 22 year project at minimum.
The decline in the developer's significant capital investment represents a change. Among the changed circumstances are changes in the financial markets and the demand for housing, as noted in an expert real estate analysis [PDF] submitted to the ESDC.
Most outrageous is the absence of any renderings or design information concerning any part of the project other than the arena. The arena is only 8% of the proposed square footage.
The ESDC’s conclusory Technical Memorandum is not a substitute for an SEIS, which allows full public comment and forces the lead agency to respond to comments.
Posted by eric at September 17, 2009 1:46 PM