On A Day Of Massive Flooding In Gowanus, Local Politicians Ask City To Evaluate Hydrological Impact Of Large Elevated Sites Like Lightstone Group's In Flood Prone Area

Rendering of proposed Lightstone Group's Project on shore of Gowanus Canal
image credit: Lightstone Group

It would seem appropriate that on a day that saw heavy rains and flash flooding in the Gowanus area, our elected officials sent a letter to City Hall to ask if the "potential for adverse hydrologic impacts upon surrounding properties resulting from re-grading of large sites within flood hazards areas" has fully been investigated.

In the letter addressed to Deputy Mayors Cas Holloway and Robert Steele yesterday , Councilmember Lander, Congresswoman Velázquez and State Senator Montgomery specifically mention the 12 story, 700-unit Lightstone Group's project at 363-365 Bond Street.

Lightstone intends to re-grade their building site by raising the site of the development by two feet at First Street to address FEMA's recently released post-Sandy Advisory Base Flood Elevations and to comply with changes to the Building Code.

Since the Gowanus Canal was originally engineered to drain the upland marshland surrounding the canal in order to keep water away from residences in Carroll Gardens and Park Slope, this change in hydrology raises serious concerns about flooding and drainage in the Gowanus area. It may mean more problems for nearby residents, who deal with flooded basements on an regular basis.

Lander, Velazquez and Montgomery are asking City Planning "if re-grading could-even in a limited set of circumstances- lead to such impacts, how will such impacts be evaluated?
For example, would the Department Of Buildings confer with the Department of Environmental Protection before approving building permits for a re-graded site in a flood hazard area, such as that planned for 363-365 Bond Street?"

Further, Lander, Velazquez and Montgomery believe that " it would be better to bring all stakeholders to the table to develop a comprehensive plan for the infrastructure, flood protection, and land use regulations needed for a safe, vibrant, and sustainable Canal area. We should seize this opportunity to create an innovative model for low-lying, mixed-use waterfront areas on a warming planet."

It is encouraging that our Electeds recognize the hydrological impact to surrounding areas if developers like Lightstone's are allowed to re-grade the Gowanus area.

We need a new hydrological study before any new development moves forward.

Lightstone Group's Plans And Drawings For Gowanus Project Approved By City Planning, But Developer Still Needs Waterfront Certificate

NYC Department Of City Planning Hearing for Lightstone Group's Gowanus development  

Commissioner Betty Chen, Commissioner Michelle De La Uz, and Amanda Burden,  Chair of the NYC Department Of City Planning

Commissioner Michelle De La Uz and City Planning Chair Amanda Burden

(De La Uz is the executive director of the 5th Ave. Committee. During the Lightstone discussion, she recused herself, since the developer has contracted with the 5th Avenue Committee to manage the affordable units included in the project.)

 Amanda Burden,  Chair of the City Planning Commission

Purnima Kapur, City Planning Brooklyn Director

Aline Fader, representing NYC DCP Brooklyn Office, presents Lightstone's newest plan

Aline Fader and colleague present Lightstone Groups's as-of-right project

Just a few days ago, it was announced that Lightstone Group is proceeding with its 500,000 square feet mixed-use housing development on the shores of the Gowanus Canal at 363-365 Bond Street as an as-of-right development and has abandoned the minor modification which it had previously requested of NYC's Department of City Planning (DCP).

During DCP's review session on Monday afternoon, representatives of the Brooklyn DCP office explained that Lightstone, apparently wanting to avoid the risk of legal action,  has withdrawn its minor modification application and has decided to pursue the as-of-right development under zoning granted in 2009.
This project had come in front of the commission once before in September 2012 as a 'minor modification' of the original 2009 special permit project previously granted to Toll Brothers.

This as-of-right development is nevertheless subject to City Planning Commission approval because the 2009 special permit project was made subject to a restrictive declaration that was attached to the plans and drawings.

One of the purposes of the restrictive process was to help insure that the key urban design principals of the special permit project, which ensures that the taller portions of the development should be on the canal side and the lower portions should be along Bond Street, would be respected.

The second restriction has to do with Waterfront Zoning Regulations, which did not apply to the Gowanus Canal at the time of the original approval in early 2009.  However, later the same year, the City Council made the canal subject to the zoning regulations and water front open space will now be required in connection with the as-of-right project under those provisions.

The original 2009 project provide public open space along the canal that was designed "in the spirit of" the Waterfront Regulations. It did not strictly adhere to them.  Lightstone has modified the drawings to allow the requited waterfront public access area to be included, resulting "in a net increase of open space on the Southern block, where the building is being pushed back by approximately 20 feet."

To address FEMA's recently released Advisory Base Flood Elevations and  changes to the Building Code,  the site will be raised by 2 feet at First Street. Lightstone will elevate the ground floor of the building approximately 1.1 foot and make the street level parking garage a "bath tub structure".

At yesterday's DCP session, Lightstone sought approval for the plans and drawings for the as-of right project.
The Planning Commission votes unanimously to grant the approval.

However, at a later date, the applicant will need to seek a Waterfront Certificate from Chair Amanda Burden in regards to the design of the waterfront open space. The certificate will specify the design of the open space and certify that it meets the zoning requirements. The applicant is expected to file the application later this year.

"And at that point, and only at that point, will the developer be able to begin construction. So it's really a two-step process" a representative of the Brooklyn DCP office was quick to point out during the presentation.

Important Update And Meeting Regarding Lightstone's Proposed Gowanus Project

Old rendering of Lightstone Development next to the Gowanus Canal (credit: Lightstone Group)

New Rendering Of Lightstone Development
(Via Councilman Lander's office)

New elevation drawings for Lightstone Project. Click here for enlarged view

(Via Councilman Lander's office)

New FEMA Advisory Base Flood Elevations for Gowanus

Lightstone Development site, Canal at Carroll Street during Sandy (photo credit: Margaret Maugenest)

Second Street at canal during storm (photo credit: Triada Samaras)

Sandy flooding at First Street near Canal (photo credit: Carl Teitelbaum)

***Important Information For All Carroll Gardens/Gowanus Residents***

NYC Department Of City Planning Hearing On Lightstone Project 

363-365 Bond Street; Restrictive declaration approval to existing plan

Tomorrow, Monday March 18

at 1 pm

Spector Hall, 22 Reade Street, New York, New York

There is some very important information that was circulated late last week on Lightstone Group's proposed large-scale Gowanus development at 363-365 Bond Street, between Carroll Street and 2nd Street.
According to Councilman Brad Lander's office, which informed several Gowanus residents on Thursday evening, Lightstone is proceeding with the project "as of right" and has abandoned the minor modification which they had previously requested of NYC's Department of City Planning (DCP).

In 2012, hoping to piggy-back on the former Toll Brothers project at the same site, Lightstone had sought DCP's approval for variations in the base height of the project, building heights and footprints of portions of the buildings, relocation of parking entrances, changes to the location and design of the open space, and changes to the number of residential units from 447 to 700.  DCP considered these changes "minor" modification's, which are subject to review and approval only by the Commission, rather than 'major' modifications that require the initiation of a new ULURP.

DCP was going to rule on this matter in November 2012, but the hearing never took place because of Hurricane Sandy. The community was told that DCP and its Brooklyn office were first waiting for the release of Federal Emergency Management Agency's new post-Sandy "Advisory Base Flood Elevations (ABFE)", which indicate significant expansion of the flood plains.
The ABFEs for the Gowanus area were published very recently.

Perhaps concerned about new flood regulations in Zone A and of legal challenges, Lightstone has re-configured the proposed 700-unit development so that it can move forward according to the site's existing zoning. To address the fact that the land sits squarely in FEMA's flood zone A and to comply with new waterfront development rules, Lightstone has pulled away slightly from the water and increased the grade at First Street.

City Planning has placed the Lightstone item back on its calendar for tomorrow, Monday March 18, at 1 pm, Spector Hall, 22 Reade Street, New York, New York. (It's the 9th agenda item).  The meeting is open, but no comments will be accepted from the public.
All important information can be found here: http://www.nyc.gov/html/dcp/pdf/luproc/reviewsession.pdf?r=031813

I urge everyone to attend. This project will most likely serve as the blueprint for the over-all rezoning for the Gowanus Canal and will create repercussions for neighboring residents.  The plan to raise the entire site will most likely increase flooding in nearby properties.  

Councilman Brad Lander, who has previously asked Lightstone to withdraw its application, issued the following comment on Friday:  “In the wake of Hurricane Sandy, I continue to believe it is a mistake to move forward with dense, high-rise, residential development without a comprehensive plan for infrastructure and land use regulations that Gowanus needs.” 

Elected Officials Find Dept. Of Homeless Services' Response to Questions Regarding Proposed Shelter In Carroll Gardens "Inadequate And Unresponsive"

Last week, Councilmember Brad Lander, Borough President Marty Markowitz, State Senator Daniel Squadron, and Assemblywoman Joan Millman wrote a joint letter to Seth Diamond, Commissioner of NYC Department of Homeless Services, in regards to the proposed homeless shelter at 165 West 9th Street. In the letter, our elected officials cited the lack of public process, the tight space for 170 men in the 10-unit building as well as the absence of a plan to provide social services for them.

Yesterday afternoon, Markowitz, Lander, Squadron and Millman received a response from Commissioner Diamond.
In the letter, Diamond states that:
-use of the building for 170 single adults is compliant with Part 491 and all applicable code and occupancy requirements.
-recent complaints to NYC's Department of Buildings were found unwarranted after inspections.
-Housing Solutions USA/Aguila Inc,, the non-profit organization that will be managing the shelter will have a service rich team consisting of 47 staff members that "will coordinate services to identify clients' barriers to permanency, establish a service plan and assist residents in obtaining permanent housing as quickly as possible."
-the building will be secured 24/7 and security cameras will be installed.
-extensive background information about Aguila and the provider's officers will be conducted.

According to Councilman Lander, who posted Diamond's response on his website:

My colleagues and I find this letter to be inadequate and unresponsive to our questions and the community’s appropriate and reasonable concerns. DHS failed to provide building plans, describe the construction work that is underway, or address the Certificate of Occupancy issues; failed to provide the service plan proposed by Housing Solutions USA; failed to provide sufficient information about the security program proposed by Housing Solutions USA; failed to address the use of the City’s emergency contracting rules to rush through this proposal without community input or good public process; and failed to address the potential conflicts-of-interests identified (concerns which have been amplified in the past week, as the result of additional information that has come to light, first in New York Times here, and then covered in detail by Capital New York here and here).

Representatives of   NYC Department of Homeless Services and Housing Solutions USA/Aguila Inc will be available at the community informational meeting tonight, October 24h, 6:30 PM in PS 58's auditorium.

Markowitz, Squadron, Millman And Lander Express Concerns About Proposed Carroll Gardens Shelter

Our elected representatives seem to share the same concerns about the proposed Homeless shelter at 165 West 9th Street here in Carroll Gardens.

In a letter to NYC Department Of Homeless Services Commissioner Diamond, Councilmember Brad Lander, Borough President Marty Markowitz, State Senator Daniel Squadron, and Assemblywoman Joan Millman cite the lack of public process,  the tight space for 170 men in the 10-unit building as well as the absence of a plan to provide social services for them.

They also question the fact that the owner of the building Charles Wertman, is also a board member of Housing Solutions USA, the non-profit proposing the shelter.

Please find the entire letter below.

October 16, 2012

Mr. Seth Diamond 

CommissionerNYC Department of Homeless Services
33 Beaver Street, 17th Floor
New York, NY 10004

Dear Commissioner Diamond:
We are writing in response to the community notification received by Brooklyn Community Board 6 on Friday October 5, 2012, in which Housing Solutions USA – in partnership with the NYC Department of Homeless Services (DHS) – announced their intention to open a 170-bed homeless shelter at 165 West 9th Street, between Court Street and Hamilton Avenue, in Carroll Gardens. We have numerous concerns about the proposal.

With homelessness at all-time high, every neighborhood – including Carroll Gardens – has a role to play in making sure that all New Yorkers have a safe place to sleep at night. Safe and decent housing is essential for all of us, and we recognize that we all have to do our fair share. We recognize that it is our collective responsibility – as both a city and a community – to support the mission of the NYC Department of Homeless Services and to provide shelter for homeless New Yorkers. If DHS will work with us and our community in a collaborative fashion to develop an appropriate proposal, we are committed to supporting a shelter in Carroll Gardens.

However, that must not mean using the City’s emergency contracting provisions to rush an ill-conceived project through, with only a half-page, 30-day notice to the community, squeezing 170 people into a 10-unit building, with no plans provided for social services or security, and disregard for City rules and processes, including an apparent conflict of interest. In particular:

*We do not understand how it is possible – or advisable – to squeeze 170 people into a 10-unit building on a block of three-family homes. We have asked this question several times, and received no answer.

*The building currently has a Certificate of Occupancy as a 10-unit, Class A apartment building. No plans to amend this have been posted on the NYC Department of Buildings website. Are you aware of plans to change the C of O? No plans have been provided to us, despite several requests.

*It appears to us that construction work has been taking place in the building without a permit. No permits have been filed with DOB, or posted on their site. This appears to be a violation of law, and reflects disregard for safety and the community. If permits are in fact required, but have not been filed, work should of course be stopped immediately.

*We have seen no plans for the provision of social services or security, which are of course an essential element of any homeless shelter. It is outrageous that the 30-day notice requirement could be satisfied by a half-page letter that includes no details – not the population intended for the building, not the plans, no provision for social services, no discussion of security. This does not reflect respect for the community or its elected officials, or a genuine desire for dialogue that would enable the proposed shelter to succeed in meeting the needs of its residents or its neighbors.

*The building appears to be owned by Charles Wertman, a board member of Housing Solutions USA. Given that the City of New York will pay substantial sums for the rent of the building, this suggests a large potential conflict-of-interest. Do DHS and HSUSA have conflicts-of-interest policies that are in accordance with relevant laws? Are these rules affected in some way by the emergency contract process?

Since you are providing the community with only a 30-day notice that is completely lacking in detail, we ask that you provide written responses to our concerns by the close of business on Friday, October 19.
We are aware that Housing Solutions USA has agreed to make a presentation at the Brooklyn Community Board 6 Human Services Committee meeting on Thursday October 24. DHS must also send a representative to attend this meeting.

Sincerely, 

Marty Markowitz, Brooklyn Borough President

Daniel Squadron,  NYState Senator

Joan Millman, NY State Assemblywoman

Brad Lander, NY City Councilmember

****A quick correction to the date for the presentation mentioned in the letter.  The meeting is actually next week on Wednesday, October 24.

What do you think of the letter?