THE PETITION

To: Our Elected Officials, Community Leaders, The MTA

We the undersigned Carroll Gardens homeowners and residents, are appalled by the "as of right" ruling which allows owners and developers to erect buildings in our neighborhood with no regard to the impact they will present to our quality of life and the value of our homes.

We understand that the current laws and the R-6 zoning which we fall under allows this at present---but the letter of this law does not reflect the spirit of the law, nor the wishes of the very people who have made this community so desirable.

We feel that the "as of right" clause recognized by the city, planning/zoning and building departments should not strip us of our rights to have a say in the height, bulk and density of the structures placed in our community.

We are presently not permitted any type of control in this regard, but we understand that there are different rezoning and/or landmarking measures which would help remedy this situation. We have been informed that it is typical for the process to take several years. Clearly, the very character of our neighborhood cannot afford to wait that long.

Therefore, we DEMAND an immediate moratorium on all buildings and alterations in our neighborhood, where the ultimate height of any structure to be built will exceed a height of fifty feet, while we await a decision on rezoning and or landmarking in our beloved Carroll Gardens.

We, the undersigned, vow to support ONLY those public officials who will act upon our demands and achieve our goals NOW.

Sincerely,

The Undersigned

.......(See petition signing link also on the top right hand side of our blog).....................................................................


Friday, May 23, 2008

Borough President's Approval of the Carroll Gardens Zoning Text Amendment

We are interrupting our daily coverage of individaul testimony to bring you this happy annoucement:

The Borough President has approved the Carroll Gardens Zoning Text Amendment!

Thank you, thank you, Borough President Markowitz, Deputy Director Bearak, and B.P. staff!

We are thrilled to read your detailed and comprehensive recommendation for your approval of the Carroll Gardens Zoning Text Amendment! (We will feature some excerpts of his approval at a later time.)

On this birthday weekend of C.O.R.D. we also want to thank our Electeds for their support: Councilman Deblasio, Assemblywoman Millman, and Senator Connor; Community Board 6; all of the Civic Associations, Groups, Block Associations, and all those individuals who came, spoke and/or wrote in support the text amendment.

Onward to the City Planning Commission (Wednesday, June 4rth 10 AM @ 22 Reade Street) and Council hearings.

CORD

Thursday, May 22, 2008

Lifelong Resident, Vincent Favorito, Speaks

CORD hopes that reading the words of your neighbors through these testimonies each day serves to inspire you to participate in the next phase of the zoning amendment process.

On Wednesday morning, June 4th, the City Planning Commission will be holding their hearings regarding the Carroll Gardens zoning text amendment... we are one step closer to MAKING A CORRECTION that needs to be resolved once and for all----we are almost there....we will give you more details as the date approaches...
We will need your support. Perhaps, you will be willing to speak before the commission. Perhaps, you will choose to share your thoughts with the commission via a letter. Let your friends and neighbors words be your guide. Please do not be afraid to participate.

Listen to what your neighbors have to say, listen to how they feel about where we live and let your voice be heard as well. This is your chance to make change happen. Take it.

Link to Text Amendment Fact Sheet prepared by CORD and CGNA

PLEASE SEND US YOUR FEEDBACK! AT cgcord@gmail.com

CORD

VINCENT J FAVORITO ATTORNEY AT LAW

432 CLINTON STREET BROOKLYN, NEW YORK, 11231 (718) 852 0903

May 7, 2008

Hon. Marty Markowitz Brooklyn Borough President

Brooklyn Borough Hall 209 Joralemon Street Brooklyn, New York 11201

Re : Carroll Gardens Zoning Text Amendment Community District 6

Application Number N 080345 ZRK

Mr. Markowitz

I am a resident of Community Board 6 and a member of the Carroll Gardens Neighbor Association, Inc. (CGNA), and the Chair of the Historic Landmark Committee forCGNA.

I reside at 432 Clinton Street, Brooklyn NY, 11231 .I have been a resident of Carroll Gardens for more than 65 years.

I make this statement in support of the above referenced Land Use Application Number 080345 ZRK which is included herein by reference and made a part hereof. This amendment would correct the City Zoning Code to reflect the true nature of the residential character of certain blocks within Community District 6 . These Blocks include First, Second, Third and Fourth Place between Henry Street and Smith Street. Also the application includes properties on Carroll, President Streets between Hoyt Street and Smith Streets which blocks are part of the Carroll Gardens Historic District..

These blocks are the signature blocks for Carroll Gardens. Historically these blocks were first mapped in 1846 by Richard Butts a City Surveyor. (See History of Carroll Gardens; Jeanette Jeanes, 1970) This was one of the first planned communities in Brooklyn and the New York City. Indeed no such plan exist anywhere in the entire United States. (See Francis Marrone, Noted Historian and Lecturer). The "Place Streets" in Carroll Gardens are physically narrow and include the large front gardens of the building. These gardens are set back 33 and 1f2 •. 5 ft. from the back end of the side walk. These sidewalks are 13 ft wide from curb to the back end of the garden. The streets were 24 ft. wide and described as "carriage ways" The front gardens are and remain property


owned by the City of New York. The adjoining property owner bears the burden of maintaining such gardens. To this day these dimensions and conditions for these streets and gardens have not been altered.

The adoption of the New York City zoning code in 1961 defined streets in general as the area between the building lines of properties on opposite sides of a street. Were the distance between the property lines exceeds 75 ft. the street was classified as a "Wide" street. Where the distance between the property was less than 75 feet the street was classified as a "Narrow" street

The Wide Streets have been generally applied to arterial streets Such as Court Street or Atlantic Ave. The Narrow Street designation has been generally applied to the side streets which were generally residential streets.

Due to the fact that the Wide Streets are generally arterial streets they can generally accommodate larger buildings in height and width and bulk.

Due to this definition an unintended anomaly has occurred in Carroll Gardens.

Because of the definition of wide streets as set out in the zoning code these physically narrow streets can be classified as wide streets. This has created a classic "loop hole".in the zoning code

Many developers and builders are taking advantage of this situation and contend that this residential streets can be used as wide streets and that out of scale large buildings can be built on these side residential streets. The first such construction has already started on the comer of Second Place and Smith Street. The "Oliver House" building is a residential complex (131 Second Place) where the builder plans to put SEVEN STORY houses with a height of 70 feet on Second Place and tie them into a complex of condominiums on Smith Street with a glass tower at the comer of Smith and Second Street.

The residents of Carroll Gardens through their community association, the Carroll Gardens Neighborhood Association have been very vocal on the matter and have expressed great disappointment in the lack of public action to stop this out-of-scale development from occurring in historic Carroll Gardens. This issue has been the topic of discussion at more than five well published community meeting held through out 2007 and 2008. (See CGNA Monthly Meeting Agenda for 2007 and 2008)

In a letter from Borough President Marty Markowitz to Commissioner Amada M. Burden, dated January 2, 2008 he has requested the City Planning Commission to review the matter an take appropriate action .. In the letter he raises the fact that more than 600 building enlargement applications for buildings along physically narrow streets have been filed. (EXHIBIT A). If such development were to occur it would devastate the area and radically change the character, look and nature of what we have historically known as Carroll Gardens.


In response to the letter Commissioner Burden and Director of the Brooklyn Office of the Department of City Planning ,Purnima Kapur, filed on March 27, 2008 a Land Use Review Application (No 080345 ZRK) to correct the unintended consequence of the application of the wide street definition to the physically narrow residential streets as exist in Carroll Gardens. (EXHIBIT B).

Support for this action has been received from Craig Hammerman, Director of Community Board 6 at hearing held on April 24, 2008. Further Councilmen Bill DeBlasio has been supportive of this change and has widely published this hearing.

On the issue of Notice to the Community, this week a front page story explaining the issues in detail appeared in the Cobble/Carroll Courier. (EXHIBIT C). According to the publication 11,000 copies have been distributed in the area.

In addition, the CGNA Association with the help of its members has blanketed the Place Blocks with the Notice of this meeting. (EXHIBIT D). A Notice with explanation was delivered to each house on each ofthe Place Blocks.

Further flyers with misinformation, inaccurate statements, false claims and untrue allegations have also been distributed in the neighborhood this week. These flyers are unsigned, unsupported and unidentified as to the author of these unfounded accusations. Although these flyers serve to indicate that notice of the meeting has been received by the community, the intent, purpose and motive of the creators and distributors of such material must be viewed with a great deal of suspicion. (EXHIBIT E)

Lastly I applaud the actions of Commissioner Burden, Director Kapur, Director Hammerman, Chairman Bashner, Councilmen Bill deBlasio Assembly Member Millman, Borough President Markowitz , the Officers of CGNA and all organizations and individuals who have supported this cause to correct an unintended but potentially exploited consequence of the zoning code.

VINCENT J FAVORITO

Wednesday, May 21, 2008

Longtime CG Resident Zoning Supports Text Amendment

CORD hopes that reading the words of your neighbors through these testimonies each day serves to inspire you to participate in the next phase of the zoning amendment process.

On Wednesday morning, June 4th, the City Planning Commission will be holding their hearings regarding the Carroll Gardens zoning text amendment... we are one step closer to MAKING A CORRECTION that needs to be resolved once and for all----we are almost there....we will give you more details as the date approaches...
We will need your support. Perhaps, you will be willing to speak before the commission. Perhaps, you will choose to share your thoughts with the commission via a letter. Let your friends and neighbors words be your guide. Please do not be afraid to participate.

Listen to what your neighbors have to say, listen to how they feel about where we live and let your voice be heard as well. This is your chance to make change happen. Take it.

Link to Text Amendment Fact Sheet prepared by CORD and CGNA

PLEASE SEND US YOUR FEEDBACK! AT cgcord@gmail.com

CORD

My name is Mary Mattner. I have lived and owned property in Carroll Gardens for several decades.

I strongly support the proposed amendment. It is a useful interim measure to place stricter limits on the height of several blocks in the neighborhood. A survey conducted by the Carroll Gardens Neighborhood Association indicated that about 95% the residents support more restrictions on building heights to help preserve the character of our neighborhood.

The blocks covered by the proposed amendment unjustly have more lenient height restrictions than the other residential blocks in the neighborhood. These blocks deserve at least the same protection as the other blocks, particularly since these lovely blocks are the ones which gave Carroll Gardens its name.

I want to thank our elected officials, our Community Board, and City Planning for supporting the proposed amendment.

Mary Mattner
Union Street

Brooklyn, NY 11231

Tuesday, May 20, 2008

Second Street Resident Speaks In Favor of Carroll Gardens Text Amendment

CORD hopes that reading the words of your neighbors through these testimonies each day serves to inspire you to participate in the next phase of the zoning amendment process.

On Wednesday morning, June 4th, the City Planning Commission will be holding their hearings regarding the Carroll Gardens zoning text amendment... we are one step closer to MAKING A CORRECTION that needs to be resolved once and for all----we are almost there....we will give you more details as the date approaches...
We will need your support. Perhaps, you will be willing to speak before the commission. Perhaps, you will choose to share your thoughts with the commission via a letter. Let your friends and neighbors words be your guide. Please do not be afraid to participate.

Listen to what your neighbors have to say, listen to how they feel about where we live and let your voice be heard as well. This is your chance to make change happen. Take it.

Link to Text Amendment Fact Sheet prepared by CORD and CGNA

PLEASE SEND US YOUR FEEDBACK! AT cgcord@gmail.com

CORD

Re: Carroll Gardens Place Text Amendment Number N080345ZRX

I thank the members of City Planning, Boro President, Marty Markowitz and his staff, and CB6 for allowing this presentation.

My name is Lucy DeCarlo and I am a long time resident and owner of two properties on Second Street. I am also a co-founder of CORD-The Coalition to Respectfully Develop.

Some time ago, CORD began to inform residents about the proposed zoning change on its blog, and through local papers, as did other civic groups in Carroll Gardens. Cord organized a letter signing campaign, at the Second Place/Smith Street site (Oliver House: 131 Second Place) , where the possible effects of this change was discussed with our neighbors. In fact, a copy of the zoning amendment was available for review.

We now have over 600 signed letters from residents and owners who favor changing wide streets to narrow streets on the specified blocks, thereby equalizing the height and density on all the east/west side streets in Carroll Gardens. Copies of such letters have been submitted to CB6 and we would like to leave a set with you also.

City Planning has offered us this one chance to protect Carroll Gardens as we know and love it. This zoning amendment will allow owners on the garden blocks to build extensions within the narrow street framework. Most of our homes have not been built to those limits as yet. I and many of my neighbors are willing to forego a small fraction of allowable future expansion in order to preserve the landscape of Carroll Gardens. Do we want to continue to see buildings rise to 70 feet, extending into our back yards, robbing our airspace, light and sun? Why should developers benefit from a loophole in an old ruling, where they can build high, sell and then leave. It is our responsibility to move quickly to pass this amendment, out of respect for those who live here just because they love the feel of a real neighborhood and have invested in restoring their historic homes and beautiful gardens.

On behalf of CORD and its members, I beg you to speedily pass The Carroll Gardens Place Text Amendment, declaring all side streets as narrow streets, thereby making them equally responsible, under one jurisdiction. Help us save Carroll Garden

Thank you.

Lucy DeCarlo,
Long Time Resident: Second Street

Monday, May 19, 2008

Second Place Residents Speak Out on Text Amendment

CORD hopes that reading the words of your neighbors through these testimonies each day serves to inspire you to participate in the next phase of the zoning amendment process.

On Wednesday morning, June 4th, the City Planning Commission will be holding their hearings regarding the Carroll Gardens zoning text amendment... we are one step closer to MAKING A CORRECTION that needs to be resolved once and for all----we are almost there....we will give you more details as the date approaches...
We will need your support. Perhaps, you will be willing to speak before the commission. Perhaps, you will choose to share your thoughts with the commission via a letter. Let your friends and neighbors words be your guide. Please do not be afraid to participate.

Listen to what your neighbors have to say, listen to how they feel about where we live and let your voice be heard as well. This is your chance to make change happen. Take it.

Link to Text Amendment Fact Sheet prepared by CORD and CGNA

PLEASE SEND US YOUR FEEDBACK! AT cgcord@gmail.com

CORD

Dear Borough President Markowitz:

In response to the public hearing on the Carroll Gardens Zoning Text
Amendment, Community District 6, 080345 ZRK, we would like to make it
known that, as residents of 113 2nd Place, we are in full support of the
amendment to re-zone Place Blocks as "narrow streets".

It is obvious to all but those who wish to over-develop here that this
is the right thing to do. It was the intent of the original developer
>>of this neighborhood, Richard Butts, to create a human-scaled,
garden-filled residential haven in the city. We all know that it was
only in error that these blocks were misclassified as "wide streets".

Please continue to do whatever is in within your power to correct this
error and hence limit out of scale and out of context development in
Carroll Gardens.

Thank you for your efforts thus far.

Sincerely,
Joan and David Bredthauer
2nd Place
Brooklyn, NY 11231

CORD hopes that reading the words of your neighbors through these testimonies each day serves to inspire you to participate in the next phase of the zoning amendment process.

On Wednesday morning, June 4th, the City Planning Commission will be holding their hearings regarding the Carroll Gardens zoning text amendment... we are one step closer to closing a loophole that needs to be resolved once and for all----we are almost there....we will give you more details as the date approaches...
We will need your support. Perhaps, you will be willing to speak before the commission. Perhaps, you will choose to share your thoughts with the commission via a letter. Let your friends and neighbors words be your guide. Please do not be afraid to participate.

Listen to what your neighbors have to say, listen to how they feel about where we live and let your voice be heard as well. This is your chance to make change happen. Take it.

PLEASE SEND US YOUR FEEDBACK! AT cgcord@gmail.com

Link to Text Amendment Fact Sheet prepared by CORD and CGNA
Hi T

read on toward the bottom and you will find the testimony of my 2nd place
neighbors, Joan and David Bredthauer

joan and david would be happy to have their testimony printed on our blog
and newsletter

rita



----- Original Message -----
From:
To:
Sent: Thursday, May 08, 2008 4:45 PM
Subject: [Fwd: RE: Carroll Gardens Zoning Text Amendment]


> rita,
>
> I emailed Marty and received this from Richard...
>
>>From: "Bearak, Richard"
>>Date: 2008/05/08 Thu AM 09:01:34 CDT
>>To: davejoan1@verizon.net
>>Subject: RE: Carroll Gardens Zoning Text Amendment
>
>>Your e-mail will be included for the record. The office will contact
>>you again with Marty's recommendation due by May 21.
>>
>>Richard Bearak, AICP/RA
>>Deputy Director of Planning and Development
>>Brooklyn Borough President's Office
>>718-802-4057
>>
>>Confidentiality Notice:
>>This e-mail communication and any attachments included may contain
>>confidential and priviledged information for use of the designated
>>recipients named above. If you are not the intended recipient, you are
>>hereby notified that you have received this communication in error and
>>that any disclosure, review, reference, dissemination, distribution or
>>copying of it or its contents is prohibited. If you have received this
>>communication in error, please notify us immediately by replying to this
>>message and deleting it from your computer. Thank you.
>>
>>
>>-----Original Message-----
>>From: davejoan1@verizon.net [mailto:davejoan1@verizon.net]
>>Sent: Thursday, May 08, 2008 3:26 AM
>>To: AskMarty; Bearak, Richard
>>Subject: Carroll Gardens Zoning Text Amendment
>>
>>Dear Borough President Markowitz:
>>
>>In response to the public hearing on the Carroll Gardens Zoning Text
>>Amendment, Community District 6, 080345 ZRK, we would like to make it
>>known that, as residents of 113 2nd Place, we are in full support of the
>>amendment to re-zone Place Blocks as "narrow streets".
>>
>>It is obvious to all but those who wish to over-develop here that this
>>is the right thing to do. It was the intent of the original developer
>>of this neighborhood, Richard Butts, to create a human-scaled,
garden-filled residential haven in the city. We all know that it was
only in error that these blocks were misclassified as "wide streets".

Please continue to do whatever is in within your power to correct this
error and hence limit out of scale and out of context development in
Carroll Gardens.

Thank you for your efforts thus far.

Sincerely,
Joan and David Bredthauer
2nd Place
Brooklyn, NY 11231








Friday, May 16, 2008

Coming June 4th: the NY City Planning Commission Hearings!

CORD hopes that reading the words of your neighbors through these testimonies each day serves to inspire you to participate in the next phase of the zoning amendment process.

On Wednesday morning, June 4th, the City Planning Commission will be holding their hearings regarding the Carroll Gardens zoning text amendment... we are one step closer to closing a loophole that needs to be resolved once and for all----we are almost there....we will give you more details as the date approaches...
We will need your support. Perhaps, you will be willing to speak before the commission. Perhaps, you will choose to share your thoughts with the commission via a letter. Let your friends and neighbors words be your guide. Please do not be afraid to participate.

Listen to what your neighbors have to say, listen to how they feel about where we live and let your voice be heard as well. This is your chance to make change happen. Take it.

PLEASE SEND US YOUR FEEDBACK! AT cgcord@gmail.com

Link to Text Amendment Fact Sheet prepared by CORD and CGNA


Testimony of Triada Samaras
2nd Place
Brooklyn, NY 11231

I am testifying in favor of the zoning text amendments that would change the designation of 1st, 2nd, 3rd, and 4th Places as well as 2nd Street, Carroll Street, and President Street between Smith Street and Hoyt Street from a wide street designation to a narrow street designation.

I am a 15 year resident of Carroll Gardens, and a co-founder of C.O.R.D. (Carroll Gardens Coalition for Respectful Development). C.O.R.D. was organized a year ago in the wake of the devastating news that a massive building was about to land on our corner at Oliver House, 131 Second Place (a.k.a.360 Smith Street). I can not fully explain how disturbing the news of this ill-conceived Oliver House was to those of us who live, walk, and congregate within feet of that corner. This site is the heart of Carroll Gardens and its transportation hub.

So many of us wondered: What kind of fuzzy math was used that would allow a developer to construct this mammoth sized structure? Furthermore, we heard the even stranger argument that the developer was building AS OF RIGHT, and that the community had no say in the matter!

It is obvious to any young child with a tape measure, that Second Place, can barely accommodate one car at a time. It is not meant to be developed in the same way as a wide street like Court Street is. This calculation defies common sense and everyday logic.

Has the City considered the damage that oversized buildings designed for wide streets can do to fragile, smaller homes designed and built for narrow streets? What about the obvious safety issues involved in constructing a building as massive as Oliver House? Is the city considering the effects of the increased population on our fragile infrastructure?

Looking back to when I bought my house 15 years ago, I wondered aloud with my neighbors: How many of us would have bought our homes on these narrow streets knowing a loophole existed calculating them as wide? I dare say very few.

Hadn’t we specifically chosen to purchase homes on narrow, side streets AWAY from the wide streets? Yes, we who moved to Carroll Gardens had sought a reprieve from the large structures and denser neighborhoods found in Manhattan. We decided to live here as an alternative. We are now financially, emotionally, and psychologically invested in Carroll Gardens.

Thousands of CG residents have signed a CORD petition to support a resolution to impose an immediate building moratorium in Carroll Gardens. Hundreds of people also signed letters in support of the zoning text amendments. These residents are demanding a stop to the over-development insanity in Carroll Gardens.

PLEASE close this wide streets loophole at once! Please approve this text amendment IMMEDIATELY before more irreversible damage is done to our narrow streets with front gardens, and to my favorite place on earth: my neighborhood and my home – Carroll Gardens!

May God Bless and Thank you.