Tuesday, October 30, 2007

Weighing in on Coucilman DeBlasio

Here is a comment made by one of our very own CORD Co-Founders yesterday on Pardon Me for Asking yesterday after the post "Brooklyn Citizens Against Bill deBlasio": Link

At the risk of sounding very very very redundant here, I would like to point out (again) that after FIVE LONG MONTHS of constant grassroots level work work on the 360 Smith Street development project and so many other critical, related issues we at CORD have NO ANSWERS! to even the most basic questions. All of our hundreds of volunteer hours have produced stalling and more stalling on the part of the POLS and yes Mr. DeBlasio's office is surely front and center as he is our Councilman. He is quoted as saying "we need to come together as a community" at his anti-Scarano rally in late May. I think he missed the point. We in Carroll Gardens were already together, but he seems to be continuously absent as far as I can see. He was quoted in the Courier as saying "keep the fires burning" to our CORD moratorium effort, and we have surely kept up our end of that bargain. What about his end of the bargain? What about his support for us, his constituents?
Where are the answers to (some) our simplest most basic questions?
How about just ONE? of our questions?
Pick one:

What is being built at 360 Smith Street?
Where is Mr. Stein with those new building plans he promised everyone?
Where is Mr. Scarano and he is still on this job?
What ever happened to the wide streets ruling issue and has Councilman
DeBlasio followed through on his promise to the community? He agreed that
Second Place did not look like a wide block (and it isn't!).
Who has jurisdiction over the outdoor subway plaza at Carroll Street?
How will our subway service be altered/interfered with before/during/after
construction?
How will the closing of the Smith and Ninth street station on the F-line
(confirmed this week by the MTA) further impact our plight at the Carroll
Street Station?
Has Councilman DeBlasio followed up on his promise to introduce a moratorium
resolution at the City Council?
Who is willing to help us with the ULURP for the Moratorium that City
Planning explained is necessary?
Unfortunately these, and far too many more, critical questions that the Carroll Gardens community would certainly seem to have the right to know by now (since we started asking many of them five long months ago) have still
not been answered.

Councilman DeBlasio congratulated the Carroll Gardens community at the CGNA meeting in early June when the 360 Smith Street story had just broken. I will always remember his words: "The worst thing you could now do, (as a community), is to lose all that wonderful momentum that you have been so successful in harnessing to raise awareness, and attract so much support and attention onto this 360 Smith Street development issue (and the issue of overdevelopment in Carroll Gardens)" Personally I never thought WE were going to "disappear" because we live right here remember? This is our home! How can we "disappear"? Little did I know it was the Councilman who would disappear. The only other persons who have disappeared along with him are several other prominent POLS who are supposed to be representing us, the "people" of Carroll Gardens, who live here and pay taxes here, not the wealthy developers looking to capitalize on all our hard work without so much as an honest, building proposal/plan discussion. Surely the "AS OF RIGHT" ruling needs some tweaking by now, does it not?

Elsewhere: The brilliant Norman Oder weighed in on DeBlasio's candidacy today with: "The due diligence of BP candidate Bill deBlasio, or the (AY) end justifies the means." Link
and yesterday Found in Brooklyn posted: "DeBlasio for Borough President?" Link
It looks to CORD like the Councilman has some serious repair work to do with the actual residents of Brooklyn, (a.k.a. his constituents). Early this summer, CORD heard from a member of a neighborhood group in Boerum Hill that, "overdevelopment" would be "the political issue" of all of the upcoming elections. From this humble 360 Smith Street vantage point, we would have to wholeheartedly agree. Perhaps even Mayor Bloomberg should take another serious look at his PlaNYC 2030. Its population "explosion" statistics justify (supposedly) the recent tidal wave of new building development, but CORD wonders what is the true cost $$$? of the all this havoc overdevelopment is wreaking city wide, most poignantly, perhaps, here in our beloved Downtown Brooklyn?
CORD

Monday, October 29, 2007

CORD on TV!



News flash: CORD was interviewed by the television this morning at the 360 Smith Street proposed development site! Stay tuned for the time and date of an upcoming broadcast.......
CORD



On another upbeat note: We have new friends in Queens and our blogs/lives have been co-linked today at New York Magazine on-line.
Their article is entitled, "Requiem for a City" featured with the our very own Carroll Gardens mural pictured below.
http://nymag.com/daily/intel/2007/10/trader_joes_saves_forest_hills.html
Queens has written to CORD: "Congratulations!"
And we say back to them: "And to you, Queens!"
Please see their blog at www.queenscrap.blogspot.com
The focus? A website focused on the overdevelopment and "tweeding" of the borough of Queens in the City of New York. Sound familiar anyone? (See our sidebar for the link).

Sunday, October 28, 2007

NO QUITTING WITHOUT ANSWERS! by Joe Maniscalco
(CG Courier 10/26/2007)

With only two months remaining in the calendar year, overdevelopment oppo­nents are still waiting for answers to some long-stand­ing and important questions regarding the ultimate fate of their community.

Neighbors still have not seen revised plans for the controversial building project at 360 Smith Street, gotten a fmal determination on exact­ly who has jurisdiction over the pedestrian plaza outside the Bergen Street subway stop, or any indication that there will be some sort of res­olution introduced 'in the New York City Council relat­ed to a temporary moratori­um on new construction over 50 feet high.

"We are in a holding pat­tern," CORD co-founder Triada Samaras complained this week. "We're waiting on everything. We keep getting a yellow light for everything that we throw out."

CORD [COalition for Respectful Development] is maintaining its drive for a temporary building moratori­um because, as Samaras sees

it, the action is "the only solu­tion on the table that is as nearly relevant."

Efforts to both downzone Carroll Gardens and signifi­cantly expand its modest Historic District have been studied and disc;ussed for some t~me, but so far gar­nered precious few results.

"We are for landmarking and downzonig, but it's going to be too late," Samaras said.

The steady pace of out-of­character construction like the development at 333 Carroll Street only heightens the sense of urgency for those who see the very fabric of their traditional brownstone' community eroding......(Please pick up a copy of this newpaper at your corner and read the rest of this excellent news article....)


Tuesday, October 23, 2007

Letters to the Editor

This letter was published in the Brooklyn Papers on October 13, 2007 by a neighborhood resident.


Keep it C'Gardens

To the editor,

Thank you for your recent series of arti­cles diligently covering the proposed build­fig at 360 Smith St. ("Carroll courtyard saved!" Sept. 15).

Clearly, the neighborhood is alarmed at the thought of a 43-unit building and the impact it will inevitably have.

Although we have had great media cov­erage, and some response from local elect­ed officials, local politicians have been a lit­tle less than forthcoming with the following information: Where does the city plan to educate the many children who will inhabit the rash of new housing in the Carroll Gar­dens area?

Our beloved local elementary school, PS 58, is already at capacity, with a wait list for pre-K. Will we have to add it to th~ list of grossly overcrowded city schools? Who will be responsible for ensuring the safety of commuters and the children from the three neighboring schools who must cross Smith Street without a crosswalk, traffic light, or stop sign?

Why is there no procedure in place for an entire neighborhood to band together and fight the look, scale, and impact of gi­ant developments? Why can't we have our moratorium? Over 2,500 of us have signed a petition asking for it!

Mark Pellegrino, Carroll Gardens

Friday, October 19, 2007

On Being Bolder than the Rest......

BE BOLD.....LET US BE THE FIRST!

CORD continues to ask you to press on with our petition's demand for a moratorium on all new construction or alterations on any existing buildings that will ultimately allow those structures to exceed fifty feet (50') in height. We are not asking for a halt to all construction. We are not asking for a halt to all renovation. Our request is clear and precise.

Our insistence for a moratorium is a heartfelt plea to the Department of City Planning, our Community Board, our Councilman, NYC Council, our Borough President and of course, our Mayor begging them not ignore or abandon us.

We want them to hear that there are thousands of hard working, tax paying, Carroll Gardens residents whose voices and concerns are neither frivolous nor inconsequential.

Projects, like 360 Smith Street, and others of their ilk, in their various stages of planning or execution, have awakened angry feelings in the hearts of many of our residents. Many of us want to know how these out of scale and context projects could even be considered for our area. What type of strain will these very large apartment complexes put upon our already pushed to the limit infrastructure? How will the pre, during, and post-construction periods affect the safety of our homes and more importantly, the quality of all of our lives?

Are these not the questions that should be asked and more importantly, answered by City Planning, BEFORE projects, as large as these, in a low rise, mainly nineteenth century built neighborhood such as ours, are approved?

The answer? NO. The current zoning does not take the recent rate of development nor its impact upon our community into consideration.

Could it possibly take a minimum of months and more likely, years, to realize that this should be changed?

YES. The ULURP procedure for downzoning requires an environmental study as well as community consensus and city planning analysis before a decision is reached. And all the while, under the current laws, the building continues.

Is it not ridiculous that by the time the decision is finally reached--the very neighborhood and statistics that were studied are no longer even valid?

So here we are now. We learned in these few, short months, that somewhere along the line, when the ULURP rules, regulations and processes were designed, someone had the wisdom to see that there may come a time when some type of building moratorium might become necessary---even, desired. That forethought, made moratorium one of the possible scenarios of our land use procedures.

Because of this, there are means in place to address this situation. Many of the same studies and protocols that are required, for example, in downzoning, are used when assessing the possibility of moratorium. City Planning warns us that this too, takes time and construction continues during the process.

This is where we need the assistance, support and advocacy of our local elected officials. We believe, that with their attention, we could make this happen in a sensible, timely fashion.

Has a situation arisen yet where a moratorium, through the ULURP process has been granted in NYC? No, not yet.

Is it time? We believe it is.

The Department of City Planning is composed of an apparently dedicated group of individuals. Unfortunately, they have informed us that they are critically understaffed and completely overwhelmed by the sheer amount of requests from neighborhoods all over the city to be downzoned. Add to that the numerous individual developers needing approvals and/or decisions on their various projects. In short, DCP are doing the best they can attempting to fairly balance the two given the limited resources available to them and the limited time that they can devote to each request.

CORD has asked, from the very beginning, to grant us this immediate, temporary building moratorium and allow us to examine our options for the future of our own community. Perhaps downzoning or landmarking will be our choice. Perhaps both. Perhaps, neither.

What we want is a chance to maintain the integrity of our neighborhood, implement the proper and appropriate infrastructure improvements before we have nothing left of our neighborhood to protect or enjoy. We are not advocating no development. What we insist upon is thoughtful, respectful and responsible development.

While the frenetic and often hazardous pace of construction continues, as stop work orders mount and often dangerous damages/conditions develop to the neighboring properties of construction projects all around the city, CORD asks the Department of City Planning and all of the other ULURP procedure involved agencies and officials to allow us the latitude to decide our neighborhood's future. Let us help you plan our tiny corner of the city. We do not pretend to know all, but we are thousands of Carroll Gardens residents and we know our neighborhood. Surely we are capable of making an informed decision on the direction that would be best for our community. Guide us. But, please, let us work with you.

Wednesday, October 10, 2007

Is there any more doubt who owns the open subway plaza? (Nope)

MEMORANDUM

TO: Councilman Bill De Blasio

FROM: Frank J. Verderame

(Former Assemblyman)

Member CGNA Executive Committee

SUBJECT: SUBWAY PLAZA

Northwest corner, 2nd. Place & Smith St.,Bklyn,N.Y. - ,

PREFACE: It is "MIND-BOGGLING", and difficult to understand that Mr. Donald Bloomfield of the MTA is still in denial of

any responsibility and of any jurisdiction of the Subway Plaza Courtyard after a legal opinion was issued to him after 10 years of refusing to accept any responsibility; and to this date, another 10 years later, still refusing to accept any responsibility.

We first communicated with each other for 10 years (1988-1998) also with Mr. Hilton Rosen, the previous landowner of the parking lot area, when the Subway Plaza was not being maintained by anyone. We the community, was forced to go to the Boro-President, Mr. Howard Golden, for assistance in clarifying these issues. Mr. Golden' referred the matter to the Corporation Counsel, Law Dept of the City of New York~ for a legal opinion JANUARY 1998. Mr. Theodore Okin, Chief of the Title Bureau

of the Law Dept, issued in JANUARY 1999, a detailed report

of a legal opinion as to the TITLE and JURISDICTIONAL EASEMENTS held by the MTA/NYCTA over the entire SUBWAY PLAZA. A copy of this report was forwarded to Mr. Bloomfield of the MTA by

Mr. Okum, on MARCH 1, 1999. ( A copy of these communications are enclosed herewith)


<.

HISTORY:

To better understand the title issues, it is necessary to know the origin of the existence of the COURTYARDS. Back in 1846

and 1850, the particular area of LUQUER STREET, north "to FIRST PLACE; and HENRY STREET east to SMITH STREET, was originally named LUQUER PLACE before the streets were mapped. In mapping these streets, the CITY retained ownership of an area consisting of 33 ft,Si inches from the inside line of the sidewalks, which were to be installed at 13 feet wide, thus a total of 46 ft,Si inches from'the sidewalk curb.

These COURTYARDS, owned by the CITY were placed under the jurisdiction of the Dept. of Transportation with the intention of possibly "WIDENING" the streets in the future. This, after over 150 ye~rs, has not been accomplished or contemplated.

The adjacent landowner was charged with the responsibility for its upkeep and maintenance; and, was precluded by restrictive covenants to build on it, nor use it for a car port or driveway, unless the adjacent building had a legal garage space therein.

The theory for the adjacent landowner to be responsible for the COURTYARD, is that the landowner had EXCLUSIVE USE AND SOLE CONTROL over the COURTYARD. They are used solely for beautification and access to the adjacent landowners property. It should also be noted, ,the COURTYARDS can. not be DEEDED

or TRANSFERRED to anyone else. They are still, today, owned

by the CITY OF NEW YORK and under the jurisdiction of the DEPT. OF TRANSPORTATION This why they are called "WIDE STREETS",

which is the loophole that Developers use to build higher than the traditional height, a total misconception of law, and, should never be permitted by the CITY'S BUILDING DEPARTMENT.

In fact, if the COURTYARDS were under the jurisdiction of the BUILDING DEPARTMENT, it would legally follow that, the WIDE­STREET" concept would no longer apply.

-2-


Returning to the SUBWAY PLAZA, It appears that in 1928-1931,

the CITY transferred ownership jurisdiction of the COURTYARD areas A, B, C & D ,of the MAP enclosed, to the MTA/NY~TA for purposes of building the SUBWAY system. There does NOT appear

to be any record the MTA/NYCTA ever transferred the ownership/ jurisdiction of any of the COURTYARD areas back to the CITY. This is also true of the COURTYARD area on the southwest corner of 2nd. place and Smith Street. (The COMMUNITY GARDEN)

You will also note therein, the MTA/NYCTA has both SURFACE and

'" .

SUBSURFACE easements of the COURTYARD areas, A,C & D.

PARCEL "A", northwesterly part of the PLAZA, which includes

the SUBWAY stairway, is burdened by both Surface and Subsurface easements for the transit system. These easements are intended to form a part of a PEDESTRIAN CORRIDOR from Second Place to the stairway. Jurisdiction is with the MTA/NYCTA.

PARCEL "C", the southern portion of the PLAZA, is within the

" 1 ~

COURTYARD area of Second Place, officially laid out on the CITY

MAP as an ORNAMENTAL COURTYARD. Jurisdiction is with the MTA/NYCTA.

PARCEL "D", The COURTYARD area west of the PLAZA is likewise rapid transit property. This is the area the MTA/NYCTA permitted the adjoining landowner 'to fence in for the purposes of his parking lot, in VIOLATION of COURTYARD RESTRICTIVE COVENANTS,

as a trade-off for maintenance of the SUBWAY PLAZA, which I might add, was never accomplished, at the expense and detriment of the community.

PARCEL "B", The northeastern part of the PLAZA, which includes the Newstand, is burdened by Subsurface easements only. It would appear from land records to be private property. However, "aside from the newstand, PARCEL "B" is physically indistinguishable from the rest of the PLAZA, and is OPEN and IN USE by the GENERAL PUBLIC "

-3-


It was recommended in the Legal opinion, heretofore mentioned, that "it would seem appropriate that PARCEL "B", the remaining fo~rth, be acquired for the rapid transit system.

It was alluded to, by Mr. Stein, that the MTA/NYCTA is contemplating to transfer jurisdiction and the responsibility, to the adjoining landowner, to maintain the entire SUBWAY PLAZA and COURTYARD.

It should be noted that adjoining landowners to CITY owned COURTYARDS have responsibility to upkeep and maintain only because they have "EXCLUSIVE USE AND SOLE CONTROL" of said courtyard. In this case of the SUBWAY PLAZA, Parcel A,B & C, are NOT in anyway under the EXCLUSIVE USE AND SOLE CONTROL of the adjoining landowner, and, as such should in NO WAY have any jurisdiction Df the SUBWAY ~LAZA. The MTA/NYCTA

CAN NOT and MUST NOT be permitted to transfer this jurisdiction and responsibility~ Further, COURTYARDS ARE NOT DEEDABLE.

"

."

It should be further noted, over the years the entire SUBWAY PLAZA was paved and trees were planted by the PUBLIC, through various community groups, at NO expense of the MTA/NYCTA, nor the adjoining landowner. In addition, in the 901s, the CITY OF NEW YORK~ when paving the sidewalks of Smith Street, the community successfully a~ranged for the entire SUBWAY PLAZA

to be re-paved and trees re-planted. There is no record of any monetary contribution from either the adjoining landowner,

nor the MTA/NYCTA. They both, ignored and refrained from their responsibility.

CONCLUSION:

1. COURTYARDS are NOT, legally transferable to private landowners.

The MTA/NYCTA MUST NOT be permitted to transfer ownership and/or jurisdiction of the COURTYARD in front of the SUBWAY entrance (Parcel "A") to the adjoining landowner.

-4-


2.Created by DPE, Copyright IRIS 2005

3. The SUBWAY PLAZA was ,originally built to form a PEDESTRIAN CORRIDOR to the transit system; and was further intended to be for the EXCLUSIVE use by the GENERAL PUBLIC.'

As it was suggested by the City's LAW DEPT, in their report, Parcel "B", the newstand area, should have been acquired

by the Transit System. It is a direct pathway to the Transit System from Smith Street.

3. The MTA/NYGTA MU~T enforce their SURFACE EASEMENTS on the ENTIRE SUBWAY PLAZA, to keep it OPEN and FREE of encumbrances for the SAFETY and COMFORTABLE access to the Transit System.

4. The SUBWAY PLAZA should be deemed a "pUBLIC DOMAIN" since it was created to be OPEN and NOTORIUS for a COMMON USE by the COMMUNITY, an exclusive use by the GENERAL PUBLIC.

5.As heretofore indi~ated, if the COURTYARD issue of overall jurisdiction was transferred from the CITY DEPT OF TRANSPORTATION to the CITY DEPT OF BUILDINGS, with its restrictive covenants as they presently exist, it would eliminate the WIDE-STREET concept, and, all future opmen~ssues would be eliminated.

SEPT. 17, 2007

Encl: Copies of documents, heretofore mentioned. cc: Assemblywoman Joan Millman

Senator Martin Connor

Congresswoman Yvette Clark

C G N A , COR D, FRO G G

-5-

CORD HISTORY:

With the "Protect Our Homes" petition, CORD was formed in May, 2007. This petition arose as an overwhelmingly negative response to the coming of the over-sized 360 Smith Street Development at the corner of Smith Street and Second Place (Aka Oliver House; aka 131 Second Place). This petition, which had well over three thousand signatures, led to a new zoning text amendment in summer of 2008.

To: Our Elected Officials, Community Leaders, The MTA:
(MAY, 2007)

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........

http://www.petitiononline.com/mod_perl/signed.cgi?crlgrdns