« New twists in Ridge Hill corruption trial: Forest City consultant Pirro said to claim job for defendant Jereis would get defendant Annabi to flip her City Council vote | Main | Top 10 Greatest New York & New Jersey Nets »

February 15, 2012

ESDC asks appellate court to deny full study of 25-year Atlantic Yards impacts (and alternatives); some judges skeptical, others wonder what harm it would do

Atlantic Yards Report

Norman Oder reports on yesterday's Atlantic Yards court hearing.

It was a somewhat uphill battle yesterday for the Empire State Development Corporation (ESDC) and developer Forest City Ratner (FCR), asking a state appellate court panel to overturn a lower court’s order that the agency study the impact of a 25-year Atlantic Yards buildout, solicit public comment, and conduct a public hearing.

A couple of the five judges were clearly skeptical of the state, with one citing the ESDC's "obstinate adherence" to the long-professed ten-year buildout.

Others, taking in the objections from the defendants, questioned whether a Supplemental Environmental Impact Statement (SEIS)--which would analyze those extended impacts and even consider alternatives to Phase 2, since as revising the project to diminish impacts or welcoming new developers--would really cause any harm.

Then again, questions from the bench do not necessarily indicate how a court will rule after analyzing the legal papers.

Atlantic Yards was approved in 2006, with a ten-year buildout, then revised in 2009, as Forest City reopened settled deals with the ESDC (regarding the timing of condemnations) and the Metropolitan Transportation Authority (regarding the payment of railyard development rights and the configuration of a replacement railyard), in order to save money.

As part of the 2009 approval, as the defendants stressed, the state did analyze the impacts of 15-year buildout (in the 2009 Technical Memorandum). In response to a lower court ruling by Supreme Court Justice Marcy Friedman, the state produced a document (the 2010 Technical Analysis) arguing that a 25-year buildout would not create any impacts not previously disclosed.

But that document was inadequate, argued the lawyers for the petitioners, community coalitions led by Develop Don’t Destroy Brooklyn and BrooklynSpeaks.

At the heart of the 35-minute argument before the Appellate Division, First Department, in Manhattan was whether an intense buildout of the 17-building project over a decade would be worse than an extended, if less intense, buildout over 25 years. The state says yes, the petitioners say no.

The legal dispute does not affect the building of the arena, nor the towers around it, but does address plans for and impacts of Phase Two of the project: the eleven towers east of Sixth Avenue, including those to be built on a platform over the Vanderbilt Yard.

A decision is expected in about two months. An appeal is not automatic unless two of the five justices dissent.

article

Related coverage...

NorthJersey.com, An arena grows in Brooklyn – but it’s complicated

The Bergen Record's John Brennan stands out among mainstream media reporters for his dedication in covering the Atlantic Yards story.

Atlantic Yards developer Forest City Ratner was in court in Manhattan on Tuesday – Valentine’s Day – arguing against critics’ claims that they have a sweetheart deal with New York State to develop the project on any timetable they choose.

First things first: This last remaining lawsuit, eight years into the saga, will not impact construction of the Nets’ $1 billion Barclays Center arena near downtown Brooklyn nor its scheduled opening in September. That is the first of more than a dozen buildings scheduled to go up – eventually.

And that’s where this legal action comes in: If the project’s original 10-year timetable is now more realistically a 25-year one for full buildout, is a Supplemental Environmental Impact statement required?

The Local [Fort Greene/Clinton Hill], How Long Will It Take to Build Atlantic Yards? No One Knows

Even the lawyers don’t know when Bruce Ratner’s Atlantic Yards project will be completed — if it will be completed at all.

That bombshell — and the equally explosive prospect of a massive parking lot just south of Atlantic Avenue taking up promised park space for more than a decade — were the highlights of yesterday’s appeals court hearing to consider whether the 16-skyscraper arena, commercial and residential project is so delayed that Mr. Ratner must perform a new environmental impact statement to analyze the effect of the longer buildout.
...

“This is the 13th and 14th litigation about the Atlantic Yards project,” [Empire State Development Corporation attorney Philip Karmel] said. “If we had a supplementary [environmental impact statement], there’d be yet another litigation.”

NoLandGrab: Well, if it was of the same quality as its predecessor, yes there would.

Posted by eric at February 15, 2012 4:49 PM