City Council candidates for District 39 covering part of Gowanus were asked whether they support the Gowanus rezoning. The vast majority of them got it right and said NO.
August 4, 2020
Chair Marisa Lago City Planning Commission New York City
Dear Chair Marisa Lago:
Many in our Brooklyn community are concerned that the city’s land use process is set to re-open without adequate consideration of existing land use law. Together our group of concerned independent community members calls upon the Department of City Planning and the City Planning Commission to cease any further consideration of the proposed Gowanus rezoning-and any other New York City-led neighborhood rezonings-until conditions permit holding safe, large-scale, in-person public hearings. This pause must include holding off on certifying any City-led neighborhood rezoning.
Any further actions undertaken by the Department of City Planning and the City Planning Commission to certify the proposed Gowanus rezoning this month that would lead to so-called “virtual” Uniform Land Use Review Procedure (ULURP) public hearings starting in September—a civic process that has never before been carried out “virtually” in any previous New York City-led neighborhood rezoning—would constitute a violation of ULURP.
“Virtual” ULURP hearings would not be uniform in light of what the law requires. The city charter provision regarding ULURP procedures requires that public hearings for ULURP at the community board level occur in a physical location (as does the provision about borough president hearings during ULURP):
“A community board public hearing shall be held at a convenient place of public assembly chosen by the board and located within its community district. If in the community board's judgment there is no suitable and convenient place within the community district, the hearing shall be held at a centrally located place of public assembly within the borough.”
Given the in-person civic process other communities have been afforded to date when facing neighborhood rezonings, “virtual” ULURP hearings would unfairly undercut the procedural rights of community members in greater Gowanus and any other neighborhood facing a rezoning, and would prevent them from holding their elected and appointed officials accountable.
The virtual hearings and practices recently rushed into use by other City agencies indicate that, especially in the context of ULURP for an entire neighborhood, attendees’ collective power would be severely diluted through the use of an online platform. Equitable access to technological devices and high-speed internet is simply presumed by the City but a resourced plan has not been offered or executed to ensure access for all community members. Structurally diluting a community’s ability to hold power accountable during the current Covid-19 crisis, when the future of our entire neighborhood and its interconnected communities is at stake, is unacceptable. It does not conform to the letter or the spirit of what ULURP requires; even if more individuals could theoretically participate in “virtual” hearings, community power to confront politicians collectively in a room is blunted by an internet-only process. We urge you in the strongest possible terms to abandon plans for this illegitimate and illegal “virtual” ULURP process that will effectively deprive our community members of their due process rights.
Please also find enclosed an Op-Ed co-authored by State Assemblymember Jo Anne Simon published in yesterday’s edition of City Limits that details further the widespread community concerns regarding “virtual” ULURP hearings and any certification that would lead to such hearings.
Voice of Gowanus
Over 40 community members joined Voice of Gowanus and Gowanus Lands in a protest and march that culminated in speeches and chants outside Council Member Brad Lander’s district office. The crowd’s refrain was not surprising given the scale of this rezone, the largest in NYC in more than a decade, and the due process, environmental, and displacement concerns: “No Gowanus Rezone!”
An update from attorney Jason Zakai of Hiller, P.C., legal counsel to VOG:
“We are pleased that the Court granted our request last evening for a Temporary Restraining Order to stop the City’s impending certification of the massive Gowanus rezoning project pending a hearing. This is a huge relief to our clients and many other community members, who have serious concerns about the lack of equity, access and transparency around the project, and want a meaningful opportunity to be heard.”
What does the order mean?
The Court's order enjoins and prevents the Department of City Planning from certifying the Gowanus rezoning, proceeding with the rezoning application, or holding virtual ULURP hearings on the application, all pending a hearing slated for January 27, 2021.
That means a judge has barred the City from certifying the Gowanus rezoning on January 19, 2021, the dated it had intended.
**Help our VOG legal counsel be fully prepared for next steps by supporting our Gowanus Legal Defense Fund.
Here is the full order:
Voice of Gowanus Challenges “Virtual” Review Process and Lack of Charter Notice
GOWANUS, BROOKLYN - Attorneys for community coalition Voice of Gowanus (VOG) just filed suit against New York City’s Department of City Planning. The legal suit, filed in State Supreme Court in Kings County, challenges the city’s illegal and inequitable plan to use a so-called “virtual” land use review procedure for the proposed Gowanus rezoning, which the suit alleges will disenfranchise many in the community. The suit, which also calls out the city’s failure to provide notice mandated by the city charter, seeks a Temporary Restraining Order (TRO) to block the city from certifying the rezoning on January 19th, 2021.Read more