Watchdog calls for arena ‘ULURP’
Saying the appointed state officials who will review Bruce Ratner’s
$2.5 billion Atlantic Yards arena, office tower and housing plan are not
accountable to the public, a government watchdog group is calling for
the plan to be put through city review.
“Such a big and important project should go though the same process
that any other development would normally go through,” Gene Russianoff,
a senior attorney for the New York Public Interest Research Group (NYPIRG),
said this week.
The city’s Uniform Land Use Review Procedure (ULURP) requires the
recommendations of, and public hearings before, the local community board,
borough president, City Planning Commission and City Council.
Ever since the project — which would build 2.4 million square feet
of new office and retail space, approximately 4,500 units of housing and
an arena to house Ratner’s New Jersey Nets — was announced last
December, the developer has said the state would take the lead as both
co-applicant and arbiter.
“The usual process gives the mayor and council final say, and that
both holds them accountable and empowers them to represent the constituents,”
Instead of elected officials, if the project goes to the state, an Empire
State Development Corporation-appointed board would be making the decisions,
“Nobody knows their names and faces. Should they be making decisions?
We say, ‘No,’” he said.
Instead of the city’s rigorous review process, most of the public
review for the arena plan will be conducted at the state level, and only
require one public hearing, according to Russianoff.
Developed as a project of the Empire State Development Corporation, Atlantic
Yards would be subject only to environmental review under the State Environmental
Quality Review Act (SEQRA), a process that involves much less public scrutiny
than does ULURP.
Through a spokesman, Councilman David Yassky, whose Brownstone Brooklyn
district abuts the proposed arena, agreed with Russianoff. “It should
go through an intensive city screening process. The state process is simply
not going to be enough to fully examine the project,” said his spokesman,
Julia Vitullo-Martin, a senior fellow at the Manhattan Institute, a conservative
think-tank, called it “outrageous” that the project would likely
skirt city review.
“There’s something outrageous about this combination of power
— the sate can condemn private property and then not subject any
of its decisions to public review,” Vitullo-Martin said.
The ability to override city review dates back to the days of Gov. Nelson
Rockefeller, who created the Urban Development Corporation, now known
as the Empire Sate Development Corporation, she noted.
“He wanted to evade community review because he believed communities
would oppose many of the projects he wanted to impose on them,” said
Rockefeller was governor from 1959 to 1973. The Urban Development Corporation
could override local zoning, condemn property and create creative financing
schemes to carry out its development.
The current Atlantic Yards project would stretch from Flatbush Avenue
to Vanderbilt Avenue between Atlantic Avenue and Dean Street.
Ratner does not own any of that land.
He needs the Metropolitan Transportation Authority to sell him the rights
to build over the Long Island Rail Road storage yard on the site. He also
needs the Empire State Development Corporation to sign on as lead agency
for the project, enabling it to force property owners in the path of the
plan to sell their property under the state’s power of eminent domain.
Gov. George Pataki, a friend of Ratner’s dating back to their days
attending Columbia University Law School together, has appointing authority
over both the MTA and ESDC boards.
NYPIRG is also asking for an independent appraiser to set the price for
the air rights to build over the rail yards.
“MTA should get fair market value for the site,” said Rusianoff.
Prospect Heights Councilwoman Letitia James has repeatedly asked the MTA
to put the property up to a bidding process.
Daniel Goldstein, a spokesman for Develop-Don’t Destroy Brooklyn,
a group of residents opposed to the plan, said he was pleased to see the
show of support from NYPIRG.
“Develop-Don’t Destroy has been pushing and asking for this
development proposal to go through ULURP since December. We will support
any group that is calling for the same thing,” Goldstein said.
“We are calling on City Council members to keep their rights of oversight
of this project,” he added.
While land use oversight is still one of the few powers afforded to borough
presidents, when asked about the NYPIRG statement, Brooklyn Borough President
Marty Markowitz, who spearheaded the arena project and has been its most
vocal cheerleader, simply said it was a state project and “ULURP
is not applicable.”
“However, I am confident that there will be meaningful community
participation that will no doubt improve this plan and make it a win-win
for both the neighborhood and for all of Brooklyn,” Markowitz said.
Asked about the role of City Planning, Rachaele Raynoff, a spokeswoman
for the agency, said, “When state MTA land is involved, the state
Several actions called for in the project, including rezoning and street
demapping, would norally go through ULURP.
NYPIRG, which came out this week against the Jets Stadium on the west
side of Manhattan, has not taken a position on the Atlantic Yards project
The NBA board of governors is expected to approve Ratner’s $300 million
purchase of the Nets by the end of June. After that, the developer is
expected top move swiftly to get the project off the ground.
Updated 4:00 pm, November 10, 2010