NEW: Friends of Bushwick Inlet Park Website!

Feeling inspired about the future of our waterfront? Want to get involved with pushing it forward? The Friends of Bushwick Inlet Park have just launched a great new website for their group where you can get involved, and even better, see some beautiful renderings of the Bushwick Inlet Park vision!

NAG Delivers Testimony on Domino Sugar Development

Last night, Community Board 1 voted "No with modifications" on Community Preservation Corporation's proposed redevelopment plan for the Domino Sugar site in South Williamsburg.

NAG supports CB1's decision, and last night handed out the following testimony:

Neighbors Allied for Good Growth (formerly Neighbors Against Garbage) is a volunteer-based community planning and environmental justice organization that has been performing grassroots organizing, advocacy and outreach/education to the North Brooklyn waterfront community of Williamsburg/Greenpoint since 1994.

NAG supports the ULURP committee's recommendation of "NO with MODIFICATIONS". We do not believe that this plan, as it currently exists, is sustainable or can be considered good growth.

North Brooklyn desperately needs more affordable housing; especially low-income housing, middle-income housing, homeownership opportunities, and housing for families. A disappointing side effect of the 2005 rezoning of our waterfront is that many affordable tenants have been displaced. We also desperately need more open space, especially for exercise and safe play, access to our waterfront, bike parking, community meeting space, and sustainable historic preservation and planning. CPCR's plan for the New Domino includes a number of elements that would have a positive impact on the neighborhood. However, we are concerned about the detriment to the community that may be caused by this project's massive scale, and have a number of recommendations for improvements and changes.

Most importantly, the 660 planned units of affordable housing MUST be permanently affordable and guaranteed in a restrictive declaration. The timeframe for this project's buildout is quite long, and as we all know, the market is unstable. Without any legal requirement to build the affordable housing levels proposed by CPCR, any owner of the site would be bound only to build what is required by the 421-a tax credit program. Should CPCR need to sell the property for any reason, the community needs assurance that a new developer will not take advantage of the high density of the rezoned area to build a luxury compound on our waterfront. In addition, CPCR needs to commit to an open and transparent affordable housing lottery. Far too many complaints have been lodged against waterfront developers in regards to the secretive and closed manner in which these lotteries are conducted. In order to combat these same problems, CPCR needs to work closely with all the community groups in the neighborhood, hold educational seminars about the applications, and release the floorplans of the units during the application process so there is no confusion about issues such as size or lighting in these affordable units.

On the subject of density, the rezoning of this site should be limited to the height/density outlined in the 2005 Williamsburg Waterfront rezoning. It is our belief that CPCR can still create a viable, mixed-use development that includes all the planned affordable housing within this zoning framework. CPCR has claimed that they must build taller and more dense, but their lack of willingness to share their books and planned profit margin with the community makes this claim suspect. What's planned is simply too tall and too dense. The proposed 22% population increase to the south side of Williamsburg would have a negative impact on the area's infrastructure, transportation, open space, and general quality of life. Even with the addition of four acres of publicly accessible open space planned, this development will actually decrease the per-capita open space in our already green-starved neighborhood. In a community that ranks near the bottom in city-wide open space rankings, that is simply not acceptable. Also not acceptable are the significant shadow impacts on Grand Ferry Park; Domino will put the park into shadow for an additional 4 to 6 hours per day, year round. In order to help balance the population increase with our neighborhood's low open space ratio, CPCR and the City should include the DOT Carpenters Shop lots @ 390 Kent as additional waterfront park space in the rezoning plans. In addition, the upland site should be zoned R6A. We are concerned about the precedent that this site will set for future development on the upland neighborhood's low-rise side streets.

Of more concern than the built fabric surrounding the Domino site is the future of nearby tenants. The Domino project will completely change the landscape of the Southside, leading to an influx of market-rate units. Without a real commitment to helping the community maintain the stabilized housing stock and low rent unstabilized units that currently exist, this project could mean displacement for Williamsburg's most vulnerable neighbors. In order to protect the surrounding low income and working class community from illegal evictions and landlord harassment, CPCR should acknowledge the high risk of displacement that will arise due to their project and request that the City implement protections similar to those enacted on the Northside during the 2005 rezoning. Due to the large impact that this project will have on the neighborhood, CPCR should be campaigning for the City to extend the Greenpoint-Williamsburg Anti-Harrassment zone to cover the entire CB1 area and asking both HPD and DOB to devote resources for its implementation and neighborhood education. The anti-harassment zone is one of the few protections that residents in the shadow of waterfront development have had to stop unfair displacement; it is time for developers to recognize the secondary displacement caused by the luxury towers on the waterfront and to help the community build in safeguards against this. In the end, 660 units of affordable housing will mean nothing if thousands of residents are displaced.

We also have a number of concerns about the impact that this project will have on the neighborhood's transportation infrastructure. We strongly encourage CPCR to consider adding even fewer than the 40% parking spaces required under the zoning. The addition of thousands of cars to Williamsburg is not only unsustainable and counter to the City's goals as outlined in PlaNYC 2030, it would create an undue burden on a neighborhood that already suffers from traffic congestion, high levels of asthma, and heavy truck traffic. The developers claim that their parking plan is based on demand for car ownership in the area, but this claim is based on 10-year-old data, and data that is heavily skewed by the nearby census tracts, where the Hasidic community has high car ownership. Updated numbers from the surrounding area would likely show fewer car owners and more people who depend on public transportation. Rather than accommodating personal vehicle use, we encourage CPCR to work with the MTA and the DOT to increase public transportation options for this underrepresented area of Williamsburg.

Because the proposed development is not located in close proximity to the subway, CPCR should work with the MTA and the DOT to implement a Bus Rapid Transit plan that would link the site to other parts of Brooklyn and Manhattan. A proposed BRT plan is currently being considered that will run north on Bedford Avenue and end at Williamsburg Plaza. If this line were to have branches that ran along the North Brooklyn waterfront and over the Williamsburg Bridge, the entire community would benefit, and this would help mitigate the doubling in bus ridership expected to result from the Domino development. We encourage CPCR to work with the MTA, and to not promise the community any public transportation improvements that fall under the MTA's jurisdiction without a guarantee from the agency that they will be implemented. Ultimately, Community District 1 needs a comprehensive, community based transportation study. CPCR could help mitigate its transportation impact on the neighborhood by contributing to this effort; however, this alone will not solve the area's major transportation problems, which will only be made worse by this project.

Regarding the retail component included in this plan, we support CPCR when they say that they want to include local, neighborhood-serving retail that will be affordable to all the new tenants. However, we have yet to hear any information about how they plan to accomplish this, and therefore are concerned that the development will include high-end retail and/or big-box stores that provide few economic benefits to the community. Our neighborhood has recently witnessed a steady shift from locally based, independently run storefronts to large-scale chain stores. These chains detract from our neighborhood's character, take their profits out of the community (and at times even the city or state), and their low wages cripple employees' ability to be self-sufficient. To encourage local retail, discourage big-box stores and complement the Department of City Planning's urban design goals set forth in other projects, we ask that retail floorplates be limited to 3,000-5,000 sq. ft. DCP implemented a similar measure in much of the 2005 rezoning, and we encourage them to follow suit here. Stores should also have a limited frontage on Kent Ave and sidestreets to encourage active streetscapes. The last thing we need is another Duane Reade, like the one taking up much of the block in the Palmers' Dock building. The exception to this would be the 30,000 sq. ft. supermarket on the upland site, which should meet the DCP's new "fresh" standards, providing an assurance that tenants will have access to quality fresh produce.

We also encourage CPCR to include a 10-foot setback from Kent Avenue, in order to facilitate the development of the Brooklyn Waterfront Greenway. The Kent Avenue bike lane is a precursor to what will one day be a protected greenway connecting Greenpoint to Bay Ridge. This will benefit all community residents, and its implementation should be a priority for all developers along Kent Avenue. Another important aspect is to continue reflecting the unique community culture that Williamsburg has become globally recognized for-- our arts-based community. CPCR has mentioned that the open space will include public art-- we ask that all art be locally designed and built.

Finally, we support Community Board 1's ask that they have review of any design changes to the project moving forward. Recent history shows us the very real nature of private alterations effecting community satisfaction. For example, the early planning stages of the Atlantic Yards development sold the community on high-end design and a list of public benefits and amenities, which were later amended to meet changes in the project's financing. We need written reassurance that if amendments are necessary, the community will again be included in the alterations.

Thank you for your time and consideration.

Sincerely,

Neighbors Allied for Good Growth

A Reminder to Shop Locally

On my morning walk to the Williamsburg Bridge, I've been feeling gnawed up every time I see the "Coming Soon: Duane Reade" sign flapping in the wind directly across from Kings Pharmacy at North 3rd and Bedford Ave. Duane Reade, as of February 17, is a front for Walgreen's, the largest pharmacy chain in America, centered in Deerfield, Il.

When I feel myself becoming incensed, I try to remind myself to think rationally and not emotionally-- Duane Reade is allowed to come into that building because it's "as-of-right use." Is it excessive to have two pharmacies directly across the street from one another? I think so, but that hasn't stopped plenty of others before.

I know I'm a little late on this story, since I've noticed it reported on in several other blogs and newspapers, including Gothamist, and heck! There's even a facebook group about it.

As members of this community we have good reason to be upset. The tangled fear I feel at the vision of this plastic flag has more to do with our neighborhood becoming increasingly filled with generic chains at the cost of small business. Studies show that when corporate chains take over where local businesses once stood, it directly creates a loss of local empowerment, worker incomes and opportunities, local social supports, local sourcing, local tax revenue and of course, local flavor.

There are many good reasons to shop locally, at places like Kings and Northside Pharmacy and the myriad of other local businesses in the area, and they aren't just in my gut... they are logical too.

So what do you think? Are we ready to vote with our money, and share our knowledge with neighbors of WHY shopping locally is important long term?

For more food for thought about shopping locally check out the Institute for Local Self Reliance.


My awareness of the studies I included in this post come from via this great blog.

Community Meeting on Meeker Ave. Contaminants - Thursday

Via Mike Schade: schadeyacres@gmail.com

Important Community Meeting: DEC/DOH Public Meeting to Discuss Meeker Ave. Plumes Contamination in Greenpoint

When: Thursday February 4th - 7:00pm - 9:30pm (note - DEC is also havening an availability session the same day from 3:00pm - 5:00pm)

Where: St. Cecilia's Auditorium - 24 North Henry St. Brooklyn, NY (Greenpoint)

Background:

DEC and DOH will be offering sub-slab/indoor air sampling free of charge to residences in selected zones of the contamination area -- the sampling will be conducted in February and March 2010. Based on the results of the sampling - DEC and DOH will determine if mitigation systems are needed, which would be offered free of charge.

The NY State Dept. of Environmental Conservation (DEC) has identified several plumes of chlorinated solvents (TCE & PCE) in the soils and groundwater beneath Greenpoint and East Williamsburg. These plumes are collectively referred to by DEC as the "Meeker Ave. Plume". The plumes are the result of decades of dumping and irresponsible manufacturing practices by historic and contemporary drycleaning and metalworking businesses. Testing conducted by DEC has confirmed that hazardous vapors from the Meeker Ave. contaminant plumes are intruding into residential properties in the area.

Home owners and businesses in the vicinity of the plumes are encouraged to contact DEC to have their property tested for vapor intrusion free of charge. To set up an appointment to have your home or business tested please contact Dawn Hettrick at the NYS Dept. of Health (DOH), (800) 458-1158 x27860. If a vapor intrusion problem is identified, DOH will install a mitigation system at no cost to the property owner.

Hazardous vapor intusion from the Meeker Ave. plumes is a substantial threat to human health. Fortunately, a properly installed and maintained mitigation system can eliminate the threat of hazardous vapor intrusion, protecting residents and employees from the impacts of future exposures.

Why Should I Get My Home Tested?

DEC has identified toxic chemicals in Greenpoint and E. Williamsburg soils and groundwater that could potentially migrate into homes and businesses through a process known as "vapor intrusion". Some of these chemicals are toxic and have been linked to cancer and other serious health problems. It's important to get your property tested to determine whether or not chemicals are migrating into your home, so that DEC and DOH can take appropriate action to prevent this from occuring. Note that just because you live above the plumes, it doesn't necessarily mean chemicals are migrating into your home. Getting your home tested can offer you peace of mind by determining whether or not your home is safe from TCE and PCE vapor intrusion. Testing is free and confidential. If your home is deterimined to have elevated levels of chemicals of concern, DEC and DOH will install a mitigation system free of charge to reduce your exposure and protect your home.

How Do I Get My Home Tested?
The NYS Dept. of Health and NYS Dept. of Environmental Conversation are offering free indoor and subslab air-sampling in certain areas above the Meeker Ave. Plumes. To set up an appointment to have your home or business tested please contact Dawn Hettrick at the NYS Dept. of Health, (800) 458-1158 x27860.

If a vapor intrusion problem is identified, DOH will install a mitigation system at no cost to the property owner. These mitigation systems, known as sub-slab depressurization systems, are designed to withdraw air from beneath your home's foundation. This prevents toxic soil vapors from entering homes and can help protect your family's health. They're widely used to prevent radon gas from entering structures in areas where radon gas is naturally occurring. If offered, the system will be installed free of charge.

Tenants, Want Your Building to Get Tested?
If you're a tenant, talk to your landlord about the contamination and encourage him/her to get their property tested. If they are unwilling, contact Dawn Hettrick at the NYS Dept. of Health, (800) 458-1158 x27860, to discuss your concerns.

Learn more -- http://www.newtowncreekalliance.org/meeker.htm

Flash from GWAPP: TransGas Case is over and the community wins!

Dear GWAPP Members, Neighbors & Friends:

After nine years of litigation, it ends with more of a whimper than a bang. The New York Court of Appeals denied TransGas permission to take a further appeal to New York's highest court.

So TransGas has now officially exhausted all of its appeals and will never, ever build a power plant on our community's waterfront!

There are too many people to thank for this incredible victory. Special recognition must go out, however, to Professor Ed Lloyd and the staff at the Columbia Environmental Law Clinic, William Plache with the New York City Corporation Counsel, local attorney Adam Perlmutter, the Pace Energy Project and its lead counsel Victor Tafur (now with Riverkeeper), and Assemblyman Joseph Lentol.

Many community organizations and individuals were also critical to the victory -- far too many to list here (this did go on for 9 years after all). Suffice it to say, we are especially grateful to Christine Holowacz and Peter Gillespie who provided great leadership throughout this long fight.

Yours In Victory!
GWAPP (Greenpoint Waterfront Association for Parks & Planning)
"The People United Will Never Be Defeated!"

So we can start moving forward with Bushwick Inlet Park phase 2 now, right?

Don't Be Fooled: B61 = B62!

The MTA has split the B61 in a Solomonic move. The B61 now runs from Red Hook to Downtown Brooklyn, while the B62 takes the northern portion of the route from Downtown Brooklyn to Queens Plaza. This will hopefully reduce the bunching of buses together and keep them closer to the posted schedule.

We have heard some initial reports of the drivers being confused about some minor rerouting (the bus is supposed to stop closer to the Williamsburg Bridge Plaza to increase the ease of transfer to the J train) and of confused riders. So spread the word!

We have sent a request to the MTA for comment on the driver training and public notification.

Photo by bitchcakes under creative commons license

Newtown Public Comment Guide

If you missed the meeting today, here's a guide Ryan put together to help you form your public comment.

Don't forget, public comments are due on December 23rd! This wednesday.

Prepare Your Public Comment! Newtown Creek (snowy) Winter Bike Tour Tomorrow

UPDATE: Looking out the window I am realizing a bike tour is a bit ridiculous. So when we meet at the office tomorrow we will decide whether we want to ride or walk to the sites, or we may even just have Ryan lead an history talk in the office and stay warm. :-)

Hey all, tomorrow (Sunday, Dec 20) we will be doing a reprise of our Newtown Creek history bike tour in order to give you a crash education on our neighborhood's most notorious toxic site. Led by Ryan Kuonen, this tour will give you some context for the current controversy surrounding the Creek's potential federal Superfund status. We're meeting at 10 am at the NAG office, 110 Kent Street right next to East River Park (N.8 St) This is written as a bike tour, so please take good precautions! Wear warm clothes and a helmet since it will be snowy and possibly slippery.


Article about the recent community board 1 meeting with the EPA
WNYC piece on Newtown Creek

Check out the work of our friends over at Newtown Creek Alliance who have some great links regarding the Creek.

The gov. is accepting public comments regarding the Superfund status up until Dec 23rd-- that's soon! So hopefully we'll see you tomorrow, full of warm coffee and ready to learn! Then afterwards you can head indoors to your computers and share your thoughts re: Superfund status.

By Email or Phone

Contact the EPA's New York State Docket Coordinator Dennis Munhall at munhall.dennis@epa.gov or (212) 637-4343 and identify your comment by docket number: "EPA-HQ-SFUND-2009-0588-0005"

By Visiting the Web

Visit www.regulations.gov, use document number "EPA-HQ-SFUND-2009-0588-0005" as a keyword search, and once at the document, click on the "Send a Comment" speech bubble.

By Mail

comment to the following address:
Docket Coordinator, Headquarters
U.S. Environmental Protection Agency
CERCLA Docket Office (Mail Code 5305T)
1200 Pennsylvania Avenue, NW
Washington, DC 20460

NAG and TA Call for Safety Improvements in Response to Cyclist's Death

In response to the death of 33 year-old Greenpoint cyclist Solange Raulston in a crash this weekend, Transportation Alternatives and NAG are calling for long-overdue safety improvements to the intersection of Nassau Avenue and McGuiness Boulevard. Raulston, a Greenpoint resident and well known DJ, was struck by a truck while cycling westbound on Nassau Avenue last Saturday.

Between 1995 and 2005, there were 34 crashes involving bicyclists or pedestrians at this intersection, and two fatalities, making it the most dangerous intersection in North Brooklyn. The Department of Design and Construction is using federal stimulus funds to reconstruct Nassau Avenue along most of its length by 2012, but safety improvements to the intersection with McGuiness Boulevard are not a significant feature of the plan.

T.A. and NAG are calling for additional traffic calming measures that take into account the high number of pedestrians, cyclists and trucks that traverse the intersection, including:

• Extend the curbs into the street on all corners to slow turning vehicles and shorten crossings for pedestrians
• Install wider refuge medians on McGuiness Boulevard
• Open sight lines at all corners by removing one parking spot on each corner of McGuiness Boulevard
• Give more walk time to pedestrians crossing McGuiness Boulevard

"Seldom does a week pass without flowers being laid in someone's memory at this dangerous crossing," says Paul Steely White, Executive Director of Transportation Alternatives. "No one should underrate the necessity of making the most dangerous intersection in North Brooklyn safer. Now is the time for the City to act."

"The North Brooklyn community has long been asking the City to make safety improvements at this hazardous intersection," said Lacey Tauber, Chair of NAG's Transportation Working Group. "This tragic incident is a grim reminder that the City needs to rethink its street designs to give priority to the most vulnerable users. We ask the City to address the community's concerns as quickly as possible, before another tragedy occurs here."

Image via Gothamist via Google Maps.

Reminder: NAG Holiday Party Tomorrow (Thursday Dec 10)

Join North Brooklyn advocacy organization Neighbors Allied for Good Growth (NAG) for a holiday party and Fundraiser on Thursday, December 10 from 7-10pm at The Woods.

No cover (but we'll be happy take your donations!)

Come meet your neighbors, listen to some music, drink some cheap drinks, and bid on a silent auction, featuring great stuff from neighborhood spots, including:
-Word Bookstore
-The Brooklyn Kitchen/The Meat Hook
-Alter Clothing
-Southside CSA
-Third Ward
-Mast Brothers Chocolate
-Cynthia's Creations
-Treehouse Brooklyn
-Teddy's Bar & Grill
-The Lecture Series/Book Thug Nation
-Sodafine
-The North BK Compost Project
-Eyebeam Atelier
-Three Kings Tattoo Parlor
-Franny & Rooey
-Cafe Grumpy
-Enid's
-The City Reliquary
-The Gym Park
-Miranda Restaurant
-Charm School Design
-Transient Pictures
-Kingsland Printing
and even some Polish and ESL lessons! Awesome!

If you cannot make the party, consider making a donation to support our work

You can make a donation online or send a check!

NAG is a volunteer-based community planning and environmental justice organization that has been performing grassroots organizing, advocacy and outreach/education to the North Brooklyn waterfront community of Williamsburg/Greenpoint since 1994.

This past year, NAG guerrilla gardened, fought for the creation of new waterfront park space, lobbied for more bike racks in the neighborhood and safer and better transportation options, improved street tree maintenance, sponsored Williamsburg Walks, recorded oral histories from the neighborhood's longtime residents, held an educational forum on housing rights for tenants, counseled tenants one-on-one in landlord disputes, and began plans to turn the former Engine 212 building into the Northside Town Hall. Whew!

Next year we have even more exciting plans in store, but we can't do it without YOU!

Dec 10: Party Like Your Neighborhood Depends On It

Join North Brooklyn advocacy organization Neighbors Allied for Good Growth (NAG) for a holiday party and Fundraiser on Thursday, December 10 from 7-10pm at The Woods.

No cover (but we'll be happy take your donations!)

Come meet your neighbors, listen to some music, drink some cheap drinks, and bid on a silent auction, featuring great stuff from neighborhood spots, including:

-Third Ward
-Word Bookstore
-The Brooklyn Kitchen
-Alter Clothing
-The North BK Compost Project
-Three Kings Tattoo Parlor
-Charm School Design
-Transient Pictures

... and more to be announced!


NAG is a volunteer-based community planning and environmental justice organization that has been performing grassroots organizing, advocacy and outreach/education to the North Brooklyn waterfront community of Williamsburg/Greenpoint since 1994.

This past year, NAG guerrilla gardened, fought for the creation of new waterfront park space, lobbied for more bike racks in the neighborhood and safer and better transportation options, improved street tree maintenance, sponsored Williamsburg Walks, recorded oral histories from the neighborhood's longtime residents, held an educational forum on housing rights for tenants, counseled tenants one-on-one in landlord disputes, and began plans to turn the former Engine 212 building into the Northside Town Hall. Whew!

Next year we have even more exciting plans in store, but we can't do it without YOU!

Join Us Nov. 22 for a Bike Rack Roundup!

The NAG Transportation Working Group is a co-sponsor of the FixCity Bike Rack Roundup, Sunday November 22. Join us to put the finishing touches on a bulk order of bike racks for North Brooklyn!

FixCity Bike Rack Roundup!

A tournament to get more bike racks in Williamsurg & Greenpoint! Join us for this lively competition and win awesome prizes like a B's Bikes gift basket, NY Transit museum multi-tool, and goodie (tote) bags from Transportation Alternatives!

Sunday November 22nd, 2009
2:00- 5:00 PM

Meet at The Change You Want to See gallery
84 Havemeyer St. (@ Metropolitan Ave.), Brooklyn
RSVPs to info@fixcity.org appreciated

BRING A CAMERA (or camera phone). Come by bike or on foot, with friends or solo. Bike Rack Round-Up is the culmination of this fall's campaign to compile a bulk order of 300 bike racks for Brooklyn Community District 1--the pilot effort for the fixcity.org Bike Racks project. Contestants will "verify" spots previously suggested and search out new ones. Prizes will go to the team who finds the most spots!

See prizes here, and learn how to find a valid bike rack spot in this fun Streetfilm!

Brought to you by The Open Planning Project, Livable Streets Initiative, and NAG. Thanks to our partners Not An Alternative!, Transportation Alternatives (& the Brooklyn Volunteer Committee), B's Bikes, and the New York Transit Museum.

Story Project Meeting Tonight

The North Brooklyn Story Project is meeting tonight at the NAG office (110 Kent Ave, 2nd Floor) at 7pm.

Join the story project and learn how you can make history happen in your neighborhood by simply getting out and interviewing your neighbor.

Leaf Composting @ McCarren Park Next Two Saturdays

A note from our friends at the North Brooklyn Compost Project:

Year round, you, the fabulous members of the compost project, work hard to reduce the amount of trash produced in our neighborhood. You know that composting your food scraps is a great alternative to out-of-state garbage export and a simple way to improve the health of our neighborhood. Please help us take that message to your landlords, neighbors, and home owning friends and acquaintances.

NBCP is taking part in NYCLeaves: Project Leaf Drop a rocking effort to collect leaves from residential properties and turn them into valuable mulch. For the next two Saturdays, we are going to be accepting leaf donations from your yards and raking up more leaves in McCarren Park.

The fine print:

What do we accept: Leaves - leaves only, no twigs, branches or other yard debris

How: Bagged in paper bags, if possible, but we'll take clear and black trash bags, too

Where: At the compost site - McCarren Park at North 12th and Driggs

When: Saturdays, 11/7, 11/14 and 11/21 between the hours of 11 am and 1 pm.

What else: Volunteers! Come out to help rake, bag, collect and jump into leaf piles
If you are planning to join us, drop a line at northbrooklyncompost@gmail.com

Learn How to Get Involved at Beers At The (NAG) Office

Tuesday, Nov 10, 7-9pm

Join Neighbors Allied for Good Growth for the first-ever Beers at the Office at--you guessed it--our office (110 Kent Ave, 2nd floor).

Come learn more about what NAG does and collaborate, conspire, and commiserate with your friends and neighbors and other NAG volunteers. And beer. (We will provide some, and would love it if you brought some too!)

RSVP to michael@nag-brooklyn.org

Saturday Nov 7: Help Improve Tree Beds on Franklin Street

Saturday Nov 7, 3-6pm

Meet @ Franklin & Greenpoint for a day of fun, friends and hands-on gardening for the good of our neighborhood! We will be digging up tree beds, planting daffodil bulbs for spring, adding fresh mulch and fences to protect our little slices of wildlife in the concrete jungle!

Bring your friends, your gloves, and your spades to help us renovate as many tree beds as you feel up to! We will be working along 3 blocks of Franklin Street in Greenpoint. If you're sorely missing your small backyard plot that you had back in the day, digging up dirt with us is a great way to fulfill that urge!

This is the first step in our neighborhood improvement pilot program sponsored by Neighbors Allied for Good Growth and Open Space Alliance as well as local businesses along Franklin Street.

Tuesday, November 3 Williamsburg Walks Feedback Session

Every year, Neighbors Allied for Good Growth (NAG) and the L Magazine want to get closer to what the people in the neighborhood want Williamsburg Walks to be like, this is why we are inviting you along with local residents and organizations to a:

Williamsburg Walks Feedback session

On Tuesday November 3rd, from 7 to 9pm,

At the Senior Center, 270 Bedford Avenue, in Williamsburg

(between N1st St. and Metropolitan Ave, right across from the Metropolitan Swimming Pool)

Project for Public Spaces (PPS) - an independent nonprofit organization dedicated to helping people create and sustain public places that build communities – will be conducting the session. Since 1975, PPS has worked in more than 2,500 communities helping people turn their public spaces into vital community places, with programs, uses, and people-friendly settings that build local value and serve community needs. PPS will facilitate the discussion that will inform what improvements can be made next summer.

Please join us to share your opinion and ideas so we can make this event a true celebration of the neighborhood’s multifaceted identity.

For more information, visit williamsburgwalks.org or contact Gregor Nemitz-Ziadie by email at williamsburgwalks@gmail.com.

Thoughts on Displacement by Deborah Masters

I heard former NAG member Deborah Masters give an amazing recollection of her life in Williamsburg at a recent conference and thought it would be interesting to share it on the blog.

I moved to NY in 1974 to go to art school. Since then I have been pushed out of 3 loft buildings despite the fact that I helped do the work on the Loft Law and Chapter 466, which covered Brooklyn. These buildings were supposed to be protected. There are no real protections for loft dwellers, even when they are within the law. When we were on Pearl Street in DUMBO, the city started sandblasting the Manhattan Bridge. It was a really hot summer and we had our windows open. We would sweep up huge piles of lead paint-covered metal blast every night, not realizing that we were both getting sick. No-one had given us residential notice of lead paint danger.

Read the full piece...

At 223 Water Street, we were breathing spray paint fumes and baking fumes when the steel lockers and cabinets were put in the baking ovens in the factory downstairs. From the lead paint, I had miscarriages, but from the toluene in the paint and lacquer spraying, I would wake up with temporary blindness and eventually suffered neurological damage. The 223 Water St. building was sold to Josh Gutman, the landlord of the famed Greenpoint Terminal Market fire, and then we knew what hell was.

Gutman cut all our water and sewage lines and the old wood-floor building leaked water and sewage to the basement (most of us lived on the top floors) where, within 6 months, very bad toxic mold covered the building walls. We tried to get the Health Department and the Police Dept. to protect us, but I came to realize that in our legal loft, we were living outside the law to them and that we wouldn't be respected with normal protections. The judge in our court case awarded us health damages because we were all really sick (2 of the Mexican workers died from the mold) and he just wanted us to move out of there. So we moved to Williamsburg while Dumbo filled up with seriously wealthy people.

I had worked in Williamsburg/Greenpoint since 1990 doing environmental work for the Watchperson Project and NAG so I knew the community really well. We found a great concrete building on the Southside on Kent and Division that was perfect for making sculpture- strong floors and fire-proof. We had to put in water, electric, gas, windows, and walls. For this expense we got a 10-year lease. What choice? The City provides no legal living for artists. I knew life in Williamsburg was not going to be permanent because they were already working on the re-zoning in 1998. Schaeffer was the first district waterfront project and it's right across from 475 Kent Ave. But I love this community: the different populations, the air and light the low buildings allow, the community context to everything. When my dog died Latino kids from Roberto Clemente ball field and the fire department came to help me carry him – that's the kind of community this is.

Now that's evaporating. There will be no artists, no ethnic varieties, no light, no air. Bloomberg already did away with a few fire stations, now some police are going. I see white women on Grand St. talking about how they’re going to pay Hispanic women to take their kids to another school. In Dumbo now, the only minorities are pushing white twins and triplets around in carriages.

I come here today from packing up a truck for 8 hours with my studio. After we were vacated from my building for 3-1/2 months this winter and I was instrumental in getting us back in, I’m losing my studio. My landlord raised my rent to $5000/month. Who makes that kind of money? For much less than that we bought some land upstate and built a barn for me to work in. I will really miss NYC. I worked hard on the environment in Williamsburg, was on the Community Board, and made sculpture that’s around the City. I got the Governor's Award for Pollution Prevention and the Best Public Art Prize for 2002. I walked across the Brooklyn Bridge with Café and all the Hassids against the Brooklyn Navy Yard Incinerator. I made art signs for Radiac, the NISA Electric Barge, TGE, and the Keyspan Tanks. I did more Vision Sessions in non-English communities than any other deliverer after 9-11.

I heard a program yesterday on the WPA. They talked about how the unemployed population was put to work after the depression building parks and trails and public lodges in the country, painting scenes in lobbies, making mosaics, and sculptures and building reliefs, making outdoor amphitheaters and sidewalks. This is what we need in this district, not a zoning for only rich people.

Raise the Roof of the Town Hall with They Might Be Giants, Nada Surf & Charles Bissell of the Wrens!

Join us for the Raise the Roof Benefit Concert to help fund the Northside Town Hall Community and Cultural Center. NAG and the People's Firehouse need to raise almost $2 million to make the former Engine 212 into a building that will be a new civic engine for the neighborhood by housing a variety of important community services and offer a new community performance venue/meeting space. Help us make the dream a reality and join us...

Wednesday October 28th at the Music Hall of Williamsburg
66 North 6th St, btween Wythe and Kent.
Doors at 8p, show at 9p
Buy tickets now: General Admission $25, VIP Tickets $75

They Might Be Giants
Charles Bissell of the Wrens
Nada Surf (acoustic)

These are local bands that rarely play in the neighborhood, so this is your chance to see them, while helping us kick off our fundraising campaign for the Town Hall.

Tickets are $25 general admission, and there are a limited number of $75 VIP tickets. The VIP tickets allow access to a special seating area and free wine and food from Red Tail Ridge Winery and The Garden.

More information about the show is on the Music Hall of Williamsburg's site.

You can buy tickets:
-Online via Ticketmaster
-At the Music Hall of Williamsburg (Sat 11a-6p) or Mercury Lounge (Mon-Sat 12-7p)
-At Teddy's (96 Berry Street @ North 8th Street)

The show will have special guests, games of skill, art happenings, and other exciting things--get your tickets now!

Want More Bike Racks? Try FixCity!

The NAG Transportation Working Group is pleased to announce that we are the first community partner on FixCity.org Bike Racks, a new website that allows community members to identify locations for new bike racks in the neighborhood!

Developed by the Open Planning Project, the Livable Streets Initiative, and the Transportation Alternatives Brooklyn Committee, the goal of the website is to identify 300 suitable spaces for much-needed bike parking in the neighborhood. Community District 1 serves as the site's pilot project -- if successful, it will go citywide next!

So please check out the site at FixCity.org and use the online mapping tool to tell us where you want a bike rack. Also check out information about how to identify a good space, including a great video made by TOPP. We'll have some fun follow-up events coming up in the next couple months, so stay tuned for more!

To volunteer to help with finding suitable spaces, email me at transportation@nag-brooklyn.org!

Join Us Friday 6pm to Celebrate Local History at Engine 212

Art & History Celebration of Legendary "People's Firehouse"
Williamsburg Art Gallery Open House Night
Friday, October 9th, 6pm

A diverse mix of long-time and new Williamsburg activists and residents will join together at the Engine Company 212 building—the site of the future Northside Town Hall Community & Cultural Center—Friday October 9th for a public event that celebrates the remarkable history of the former "People's Firehouse."

The event will begin at 6pm at the firehouse, located at 134 Wythe Avenue (between North 8th and North 9th Streets next door to Slate Gallery) and will highlight the building's local architecture and history using a series of short multimedia presentations and public art performances.

During the evening the site of the former People's Firehouse will host a presentation of archival research provided by the Pratt Center for Community Development and film footage by local documentary maker Agnes Markeviciute interviewing past and current community activists. This oral history project includes participants during the years of events that have made the building an icon of mass democratic protest throughout the country. Local choreographer Jackie Moynahan will also present a unique, site-specific dance piece accompanied by violist Stephanie Griffin, that is not to be missed!

The former FDNY Engine Co. 212 building is being redeveloped into the Northside Town Hall Community and Cultural Center by two community organizations--Neighbors Allied for Good Growth and the People's Firehouse Inc. Local residents, businesses and artists have joined forces to raise the $1.9 million dollars needed to transform the building into community meeting space, job-training classrooms, exhibition space, and non-profit arts performance and event space.

About The Northside Town Hall: The Northside Town Hall is a non-profit endeavor of two respected local community organizations, The People's Firehouse, Inc. and Neighbors Allied for Good Growth (NAG) for the purpose of building a new community facility in the shuttered former Fire Engine Co. 212. The city awarded the development opportunity to the two organizations. After the needed funds are raised, the non-profit entity will be eligible to own and operate the building as a public resource, forever. Local businesses, such as Brooklyn Brewery and CitiStorage, as well as elected officials, have made generous donations as well as commitment to this beloved community effort. The Pratt Center for Community Development is the project manager. See www.nthccc.org for more information about the project.

About Jackie Moynahan: Jackie Moynahan is a choreographer/performer based in Williamsburg. She co-produces Studio AIR an experimental monthly performance series and has performed her work at various venues in and out of NYC since 2001. Jackie worked for the Williamsburg Art Nexus (WAX) until 2009 in various capacities. With a newly acquired MS in Urban Policy, Ms. Moynahan is now exploring her hand at community development and sits on the board of NAG and the Northside Town Hall. For her older work: www.jaxdance.com

About Agnes Markeviciute: Agnes Markeviciute is an independent documentary filmmaker, originally from Lithuania, using the medium of a documentary to explore herself and her connection to the world. Agnes started as an intern for a public television station in Arlington Va. She has since moved to Williamsburg, Brooklyn and is producing and directing short documentaries. Recently, Ms. Markeviciute completed a project about Lithuanian emigrants, which should be released next year.

About Stephanie Griffin: Stephanie Griffin is acclaimed by the New York Times for her "fiery, full-throttle performance" and "virtuoso flair." She performs internationally as a soloist and a chamber musician. Stephanie has worked with a variety of composers, such as Tony Prabowo, Kee Yong Chong; Arthur Kampela; and Tristan Murail. She is a founding member of the Momenta Quartet and is a regular guest with Continuum, and member of Argento, Transfiguration, String Orchestra of New York City (SONYC), the Riverside Symphony and the Princeton Symphony, where she serves as principal violist. An active improviser, she has worked with traditional Indonesian musicians and free jazz legend Butch Morris and performs regularly with Carl Maguire’s avant-jazz band Floriculture.

McCarren Greenmarket is Moving Across the Park

The McCarren Park Greenmarket is moving to the part of the park near the dog run and compost project.

Due to reseeding in the northwest corner of McCarren Park, our neighborhood Greenmarket will be permanently relocating.

Starting October 17th visit our new location:

Union Ave. between N. 12th St. and Driggs Ave.

Still located in McCarren Park, nestled under the trees between the dog run and track, you will find the same great farmers and same great food. This market will continue to run every Saturday, 8am-4pm, year-round, with a mouth watering selection local fruits and vegetables, grass-fed meat and poultry, wild-caught fish, fresh cut flowers, honey, baked goods, artisanal cheese, dairy and more!

October 17th Grand Re-Opening

Join us at the inauguration our new location as we celebrate our dedicated farmers and loyal customers with lively music, seasonal food, hourly raffles, and fun family activities. Bring a friend and tell your neighbors!

NAG Newsletter: Benefit Concert, Reduce Truck Traffic, and More!

North Brooklyn Story Project
Wed, Oct 7th at 7pm
Do you have a story to tell about life in Williamsburg or Greenpoint? A memory, a snapshot of life here today, an interesting interaction with community members? Do you know a neighbor or shopkeeper or friend with a story to tell? If so, you are invited to become part of the North Brooklyn Story Project.
Email Gregor at g.nemitzziadie@gmail.com for location information

Second Fridays @ Engine 212: History, Art & Dance
Fri, Oct 9th 6-7:30pm
A diverse mix of long-time and new Williamsburg activists and residents will join together at the Engine Company 212 building--the site of the future Northside Town Hall Community & Cultural Center--for a public event that celebrates the remarkable history of the former "People's Firehouse." The event will highlight the building's local architecture and history using a series of short multimedia presentations and public art performances, including film footage by local documentary maker Agnes Markeviciute interviewing past and current community activists and a unique, site-specific dance piece choreographed by Jackie Moynahan and accompanied by violist Stephanie Griffin.
At Engine 212 Building, 134 Wythe Ave between North 8th & 9th Streets

Affordable Housing Committee
Tue Oct 20, 7:30pm
The affordable housing group is putting together an illustrated guide to tenant's rights. We'll be starting the creative writing and editing process in an informal collective forum. The first issue we'll tackle is "Rent Regulation vs. Rent Stabilization vs. Rent Control." Ideas for how to convey this idea in a narrative format will be discussed, so please come with some creative writing ideas!!
At the New NAG office 110 Kent Ave, 2nd Floor

Benefit Concert to "Raise the Roof" on the Town Hall
Wed Oct 28, Doors 8p, Show 9p
Benefit Concert to Raise the Roof on the Town Hall, including They Might Be Giants, Nada Surf (acoustic) and Charles Bissell (Wrens).
18+ $25 advance / $25 day of show / $75 VIP ticket includes special seating, hors d'ouvres and wine from Red Tail Ridge Winery.
Tickets available through Music Hall of Williamsburg site.
Music Hall of Williamsburg, 66 North 6th Street

Other Community Events & Opportunities

Friends of Bushwick Inlet Park: Wed Oct 7, 7p
Come hear about the fight against the power plant and see architectural plans for the first phase of the park
Offices of Pure Kitchen: 66 North 11th b/t Wythe & Kent

Brooklyn Makes: Fri Oct 9 & Sat Oct 10, 7:30-10p
Brooklyn Makes is a video installation in the Williamsburg Greenpoint Industrial Zone, revealing the work of manufacturers in North Brooklyn today.
More information at www.sarahnelsonwright.com

Pulaski Bike/Pedestrian Coalition: Tue Oct 27
Join your neighbors in creating a coalition to advocate for a safer passageway for pedestrians and bicyclists on the Pulaski Bridge. Please join us in planning our work over the next several months, which we expect to include design charettes to create a safer bridge for all.
For more information, including location information, email Julie at jlawrence64@yahoo.com

Help OUTRAGE Reduce Truck Traffic
Organizations United for Trash Reduction And Garbage Equity (O.U.T.R.A.G.E) is conducting a community truck survey to see whether or not recent policy changes have caused a change in truck traffic and if there needs to be more enforcement from the city. They need help on a number of dates between Oct 15 and Nov 4.
Contact Betamia Coronel from OUTRAGE at bcoronel@stnicksnpc.com to get involved.

Community Wins TGE Appeal- Power Plant Proposal in Death Throes

Some good news about the power plant proposal for the Bayside Oil Site at Kent Ave & N 12th street that has been a block to the progress on the waterfront Bushwick Inlet park.

Dear Friends & Neighbors:

On Friday, the New York State Supreme Court Appellate Division - Second Department dismissed TGE's appeal of the Siting Board's decision denying TGE's application for a permit to construct the power plant at North 12th Street.

TGE has two chances to appeal this decision -- although its likelihood of even being able to appeal (let alone succeeding) are very, very remote. First, TGE can seek leave from the Appellate Division to appeal to the Court of Appeals (NY's equivalent of the U.S. Supreme Court). It can also seek leave directly from the Court of Appeals to appeal to the Court of Appeals. Getting a case to the New York Court of Appeals is very difficult. The Court only accepts cases that present important matters of law. TGE would be asking the Court to consider interpretation of Article X that expired on December 31, 2002. All the lawyers opposing TGE believe that it is highly unlikely that either the Appellate Division or the Court of Appeals will grant TGE leave to appeal beyond this point.

Final denial of any right to appeal should be complete in the first quarter of 2010. At that point, the City will be able to move forward with completing condemnation of the Bayside Fuel Depot for the Bushwick Inlet Park. The City had previously started this condemnation. Justice Abraham Gerges (former council rep before Ken Fisher) stayed the condemnation pending resolution of the TGE Article X application and related appeals.

This decision is very good news for the community. Those of us who went to the oral argument walked out very concerned that the case would be sent back to the Siting Board for further hearings. Happily, that is not the case.

I would be remiss in not extending congratulations to New York City Assistant Corporation Counsel William Plache and John Graham, counsel for the Siting Board. Thanks are especially due to Columbia Law School Professor Edward Lloyd, the Evan M. Frankel Clinical Professor in Environmental Law, Clinic Staff Attorney Susan J. Kraham, and all of the truly extraordinary students at the Columbia Law School Environmental Law Clinic. They did truly extraordinary work and were a pleasure to collaborate with.

Best wishes to all,

Adam D. Perlmutter

The Appellate Division decision appears after the jump.

Read more...

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Matter of TransGas Energy Sys., LLC v New York State Bd. on Elec. Generation Siting & Envt.

2009 NY Slip Op 06696

Decided on September 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 22, 2009

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

ROBERT A. SPOLZINO, J.P. PETER B. SKELOS MARK C. DILLON JOSEPH COVELLO, JJ.

2008-07407 DECISION, ORDER & JUDGMENT

]In the Matter of TransGas Energy Systems, LLC, petitioner, v New York State Board on Electric Generation Siting and Environment, et al., respondents.

Read and Laniado, LLP, Albany, N.Y. (Sam M. Laniado, Steven D. Wilson, and The Dax Law Firm, P.C. [John W. Dax], of counsel), for petitioner. Peter McGowan, Albany, N.Y. (John C. Graham of counsel), for respondent New York State Board on Electric Generation Siting and Environment. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (William Plache, Sarah Kogel-Smucker, and Christopher King of counsel), for respondent City of New York. Susan J. Kraham, New York, N.Y., for respondents Brooklyn Borough President, Brooklyn Community Board One, and Greenpoint- Williamsburg Waterfront Task Force.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Board on Electric Generation Siting and the Environment dated July 15, 2008, which denied the petitioner's application for a rehearing of a determination dated March 21, 2008, dismissing the petitioner's application for a certificate of environmental compatibility and public need. Motion by the respondent City of New York to dismiss the petition insofar as asserted against it for failure to timely join it as a necessary party.

ORDERED that the motion of the respondent City of New York to dismiss the petition insofar as asserted against it for failure to timely join it as a necessary party is denied; and it is further,

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

On December 24, 2002, the petitioner, TransGas Energy Systems, LLC (hereinafter TransGas), submitted an application to the respondent New York State Board on Electric Generation Siting and the Environment (hereinafter the Board), pursuant to former article X of the Public Service Law (hereinafter article X), to obtain a certificate of environmental compatibility and public need to construct and operate a 1,110-megawatt electric and steam cogeneration plant (hereinafter the power plant). TransGas proposed to construct the power plant on an eight-acre site located on the Greenpoint-Williamsburg waterfront in Brooklyn.

The project required the construction of a 6.4-mile pipeline under the streets of the [*2]respondent City of New York to transport water to the power plant. Further, in order to sell steam to the Consolidated Edison Company of New York (hereinafter Con Edison), as TransGas proposed, TransGas had to construct a steam main interconnection, which would originate from the power plant and run under the East River to Con Edison's steam facilities in Manhattan.

The City, and the respondents Brooklyn Borough President, Brooklyn Community Board One, and Greenpoint-Williamsburg Waterfront Task Force, opposed TransGas's application on the ground, inter alia, that the power plant was incompatible with an approved plan to rezone and redevelop the Greenpoint-Williamsburg waterfront for residential, commercial, and light manufacturing uses, and to create extensive public access to the waterfront. The centerpiece of this plan was the creation of a 28-acre park on the waterfront, which would include the eight-acre site on which TransGas proposed to build the power plant.

After an evidentiary hearing on TransGas's application held before designated hearing examiners, the examiners recommended to the Board that the application be denied for failure to mitigate adverse environmental impacts. In an effort to mitigate the identified adverse impacts, TransGas amended its application by proposing to construct the power plant, initially contemplated as an above-ground facility, underground. Without holding an additional hearing on the amendment, the Board decided that it did not have the statutory authority to grant TransGas permission to lay its water and steam pipes under public streets and through the public property under the East River, and, concomitantly, that TransGas was required to obtain revocable consents from the City, as provided by New York City Charter § 364, in order to route its pipes through the City's public property. The Board thus held the matter in abeyance to allow TransGas to obtain such consent from the City. TransGas refused to attempt to obtain that consent, asserting that the City was precluded by statute from requiring it to obtain revocable consents, and that the Board had authority to grant such permission. TransGas also advanced a third configuration of its proposed power plant, which would not require the use of municipal property.

The Board ultimately dismissed TransGas's application to build an underground power plant on the ground that TransGas had not obtained permission to route the necessary water and steam pipes through the municipal property. The Board also denied TransGas's application to construct the third configuration of the power plant on the merits, finding, inter alia, that the power plant's underground oil storage tank would be incompatible with public health and safety and the City's Zoning Resolution.

TransGas sought a rehearing of the Board's determination to deny its application to construct an underground facility, and of the Board's discrete factual finding with respect to the oil storage tank. However, the Board denied TransGas's application for a rehearing.

In this proceeding pursuant to CPLR article 78 commenced in this Court, TransGas seeks review of the Board's denial of its application for a rehearing. In its first cause of action, TransGas challenges, as arbitrary, capricious, and an abuse of discretion, the Board's determination to dismiss its application for a certificate to construct an underground power plant on the ground that it failed to obtain revocable consents from the City to lay pipes in municipal property. In its second cause of action, TransGas seeks remittal to the Board for a further evidentiary hearing as to the merits of its proposed underground power plant, asserting that the failure to hold an additional hearing on the proposal was arbitrary, capricious, and an abuse of discretion. The third cause of action was withdrawn. In its fourth cause of action, TransGas seeks to annul the finding by the Board pertaining to the oil storage tank.

The City, joined as a party to this proceeding after the expiration of the statute of limitations, moves to dismiss the petition insofar as asserted against it for failure to timely join it as a necessary party. Although dismissal would be required if the City was a necessary party to this proceeding (see Windy Ridge Farm v Assessor of Town of Shandaken, 11 NY3d 725, 727; Matter of Artrip v Incorporated Vil. of Piermont, 267 AD2d 457), contrary to the contentions of the City and the Board, the City is not a necessary party under CPLR 1001(a).

The City and the Board argue that the City's interest in TransGas's first cause of action is akin to that of a landowner whose real property rights will be affected by the judgment. However, in [*3]contrast to the cases relied upon by the City and the Board (see e.g. Matter of Red Hook/Gowanus Chamber of Commerce v New York City Bd. of Stds. & Appeals, 5 NY3d 452, 456-457), the purpose of this proceeding is not to adjudicate the City's property rights, and no property rights, including the right to make a particular use of a specific property, will be determined by this Court. Rather, to decide TransGas's first cause of action, this Court is called upon to interpret Public Service Law article X to determine whether it was intended to preclude a municipality from applying local laws concerning use of municipal property, and to vest authority to permit use of municipal property in the Board. Although more immediate, the City's interest in this Court's interpretation of article X is no different from that of any other local government.

The City also is not a necessary party to the second and fourth causes of action. Although the City may be incidentally or indirectly affected by a determination of this Court that further hearings are required as to the merits of the underground power plant proposal, including the issue regarding the oil storage tank, the instant proceeding was brought to review the Board's determination of TransGas's article X application, not to adjudicate any rights of the City. The City is not indispensable to the Board's adjudication of article X applications, as the City is only a permissive party to the proceedings before the Board (see Public Service Law former § 166[1][h]; see also Governor's Mem in Support, Bill Jacket, L 1972, ch 385, 1972 NY Legis Ann, at 249). There is no reason, with respect to the present proceeding, to depart from the Legislature's assessment of the nature of the City's interest in an article X application (see Boston & Me R. R. v Delaware & Hudson Co., 268 NY 382, 389 [where a party's "only interest in defeating the action" was "indirect," the party was not a necessary party to the action]; cf. Matter of Gill v New York State Racing & Wagering Bd., 50 AD3d 494, 496). Accordingly, we deny the City's motion to dismiss the proceeding as time-barred, and reach the merits of the petition.

In its first cause of action, TransGas takes issue with the Board's determination that the City was not precluded by Public Service Law former § 172 from requiring TransGas to obtain revocable consents to use public property, and that the Board was not authorized to grant such consent. The issue is one of first impression.

Since "the question is one of pure statutory reading and analysis, dependent only on accurate apprehension of legislative intent," no deference is owed to the Board's determination of the issue (Lorillard Tobacco Co. v Roth, 99 NY2d 316, 322; see Matter of Suffolk Regional Off-Track Betting Corp. v New York State Racing & Wagering Bd., 11 NY3d 559, 567; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 7 NY3d 451, 455; Matter of Commonwealth of Mass. v New York State Bd. on Elec. Generation Siting & Envt., 197 AD2d 97, 104 n 4; cf. Matter of UPROSE v Power Auth. of State of N.Y., 285 AD2d 603, 606 [deference was appropriate as to the Board's interpretation of the term "generating capacity"]). Nonetheless, considering the question de novo, we find that the Board's conclusion was correct.

TransGas seeks a license from the Board to occupy the City's public property (see County of Nassau v South Farmingdale Water Dist., 62 AD2d 380, 384, affd 46 NY2d 794 [observing that the "right to install water lines is only a license or privilege and not the grant of an interest in or appurtenant to real property"]). Despite the general delegation of power to municipalities to regulate highways and other public property within their boundaries (see NY Const, art IX, § 2[c][6]; Municipal Home Rule Law § 10[1][ii][a][6]; see also General City Law § 20[10]), the Legislature "retains ultimate control" over such property and may, through the enactment of general laws, restrict a municipality's authority in this regard (New York State Pub. Empls. Fedn., AFL-CIO v City of Albany, 72 NY2d 96, 101; see County of Orange v Public Serv. Commn. of State of N.Y., 39 AD2d 311, 317, affd 31 NY2d 843).

TransGas contends that the Legislature delegated to the Board the Legislature's authority to limit the City's control over public property, and to permit TransGas to use that property by enacting Public Service Law former § 172, which provides: "[n]otwithstanding any other provision of law, no . . . municipality . . . may, except as expressly authorized under [article X] by the [B]oard, require any approval, consent, permit, certificate or other condition for the construction or operation of a major electric generating facility with respect to which an application for a certificate hereunder has been filed." The mere appearance of the word "consent" in the statute is not dispositive of the issue of whether the statute [*4]precludes the City from requiring TransGas to obtain revocable consents. Because "consent" is undefined by article X, the term's meaning must be gleaned from the context, which includes article X as a whole, and the legislative history of article X (see State of New York v Mobil Oil Corp., 38 NY2d 460, 464).

Article X is "a general law relating to matters of substantial State concern," through which law the Legislature intended to "pre-empt further regulation in the field of major . . . electric generating facility siting" (Consolidated Edison Co. of N.Y. v Town of Red Hook, 60 NY2d 99, 106-107 [examining article X's predecessor, Public Service Law former article VIII]). However, as an examination of the other provisions of article X and article X's legislative history reveals, the granting of a license to occupy public property is not, as TransGas suggests, "regulation in the field of [power plant] siting" (id. at 106). Rather, the regulatory scheme set forth in article X "provides for a comprehensive review of environmental and public interest impacts and the issuance of a certificate of environmental compatibility and public need as a precondition to the siting" of a power plant (Matter of Citizens for Hudson Val. v New York State Bd. on Elec. Generation Siting & Envt., 281 AD2d 89, 92).

Public Service Law former article VIII was enacted to replace "an uncoordinated review process" that "prevent[ed] a comprehensive public assessment of the need [for] and potential impact of a proposed" power plant and which led to delay in the construction of needed power plants due to the multiplicity of requirements from numerous local agencies (Governor's Mem in Support, Bill Jacket, L 1972, ch 385, 1972 NY Legis Ann, at 250). Thus, the Board was created to provide for an expeditious review process and "to balance, in a single proceeding, the people's need for electricity and their environmental concerns" (Matter of Commonwealth of Mass. v New York State Bd. on Elec. Generation Siting & Envt., 197 AD2d at 104; Matter of County of Suffolk v Gioia, 96 AD2d 220, 223).

Consonant with this purpose, article X requires certain specific findings to be made by the Board upon completing its review, which primarily concern the need for the power plant in light of the State's electricity requirements and energy planning objectives, the probable environmental impacts of the power plant, and the power plant's ability to comply with State and local laws, such as those concerning the environment and public health and safety (see Public Service Law former § 168[2][a]-[e]). The Board is not required to make any findings as to whether, in light of the competing possible uses of public rights-of-way, public property may or should be occupied by the proposed power plant.

Furthermore, upon making its findings, the Board is ultimately authorized to "grant or deny the application as filed or to certify the [power plant] upon such terms, conditions, limitations or modifications of the construction or operation of the [power plant] as the [B]oard may deem appropriate" (Public Service Law former § 168[2]). The Board is not expressly authorized to also grant licenses to allow the owner of a certified power plant to occupy and use the property upon which the owner seeks to construct and operate a portion of the power plant.

Accordingly, considering both the legislative history and the other provisions of article X, we conclude that the granting of a right to occupy property is not included within article X's regulatory scheme. Since Public Service Law former § 172 did not constitute a delegation to the Board of the authority to grant licenses to occupy public property, the authority remains with the City, under the delegation of power to municipalities allowing them to regulate the "public ways and public places" (General City Law § 20[10]; see NY Const, art IX, § 2[c][6]; Municipal Home Rule Law § 10[1][ii][a][6]). As such, the City would not be precluded by Public Service Law former § 172 from requiring TransGas to obtain revocable consents to occupy the City's public property. Since the proposed power plant could not be built without laying pipes under the City's public property, and because TransGas has refused to seek revocable consents from the City to do so, the Board's dismissal of TransGas's application was not arbitrary, capricious, or an abuse of discretion.

In its second cause of action, TransGas asserts that the Board violated the mandate of Public Service Law former § 168(1) by failing to hold a hearing on TransGas's amendment to its original application prior to making a determination as to the amended application.

Contrary to TransGas's contention, if a decision can be rendered on an amended application based upon the record made at the [*5]evidentiary hearing held with respect to the original application, Public Service Law former § 168(1) does not require that a further hearing be held. Since the issue regarding revocable consents was addressed during the hearing on TransGas's original application, the Board's final decision to dismiss the amended application due to TransGas's failure to obtain revocable consents was rendered "upon the record made before the presiding examiner" (Public Service Law former § 168[1]). As such, TransGas's second cause of action must fail.

TransGas's remaining contentions are academic in light of our determination.

SPOLZINO, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER: James Edward Pelzer Clerk of the Court

NY Daily News: They Might be Giants, Nada Surf lead effort to make old Williamsburg firehouse a cultural center

Dennis Hamill on the Northside Town Hall project in the old Engine 212 building:

They Might be Giants, Nada Surf lead effort to make old Williamsburg firehouse a cultural center

In 1975, when the city faced bankruptcy, Mayor Abe Beame tried to close a firehouse in Williamsburg called Engine Co. 212.

Led by a tough local grocer named Adam Veneski, the citizens of the scrappy, blue-collar northside section of Williamsburg occupied the Engine 212 firehouse, renamed it The People's Firehouse, and in one of the boldest acts of civil disobedience in modern city history literally prevented the city from shuttering the firehouse that protected thousands living in surrounding rickety pre-war tenements and wood-framed houses.

...

The People's Firehouse Inc., in conjunction with NAG, submitted the winning proposal to turn the 6,000 square-foot, three-story building at 132 Wythe Ave. into the Northside Town Hall Community and Cultural Center.

"All we have to do now is raise $2 million," says Kirby. "And we will. We've appealed to our elected officials. We have interested local businesses. And we've launched a community-based fund drive. Bars, restaurants, rock 'n' roll bands, and performance venues and breweries, are all coming together."

On Oct. 9, the kickoff of the '09 Williamsburg Art Galleries open houses, starting at 6 p.m., NAG will present a multimedia history of the firehouse.

On Oct. 28, local musicians Nada Surf, They Might be Giants and Charles Bissell of the Wrens will stage a $25-a-head fund-raiser concert at the Music Hall of Williamsburg for the Northside Town Hall and Cultural Center.

"Suddenly community activism is hip," says Kirby. "The effort is unusually diverse - hipsters, artists, rock 'n' rollers, old blue-collar unionists, aging former activists, business owners. What greater irony that the current trend comes home to roost in uber-trendy Williamsburg? But this time, it's fueled by the activism of the old timers."

Which is Brooklyn at its best.

For more info, visit nthcc.org, or e-mail info@nthcc.org or call (718) 384-2248

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Friday: Movies and Dance at Greenpoint Ave Street-end Park

What? Kickoff for Greenpoint Open Studios Weekend: An evening of dance and film
Where? WNYC Transmitter Park, Greenpoint Avenue and West Street (western terminus of Greenpoint Avenue, along the East River)
When? Friday, September 25, 7 - 9 p.m.
Schedule: Dance, 7 - 8 p.m.; films 8 - 9 p.m.
After party: Coco 66 (66 Greenpoint Ave., 9 p.m. - ?)

To kick off the first-ever Greenpoint Open Studios weekend, local artists are filling WNYC Transmitter Park with site-specific dances and films inspired by water. The rawness of the space at the edge of an industrial block along the East River served as the inspiration.

For the dance portion of the program, the audience will experience, witness, and, at times, participate in a series of short works that celebrate unexpected moments of impromptu creative exploration. Curated by choreographer and neighborhood activist Jackie Moynahan, the pieces include improvisational happenings that explore the park's surroundings, dances that poke fun, installations of rhythm and funk and mini mobile multi-media spectacles.

The film program, organized by Mary Billyou, is entitled, "Not the River, But the Sea," taking a nod from the element that surrounds Greenpoint: water. The six films take a closer look at our relationships with water as individuals, as citizens and as natural beings ourselves. The works include a visual correspondence between filmmakers living along the East and Colorado rivers, a documentary about pollution in Greenpoint and an image of countryside in the city - an outcropping of rock in the middle of an industrial zone in Queens.

For more about Greenpoint Open Studios visit greenpointopenstudios.wordpress.com

Live Here? Vote Here! Today!

Polls are open 6am to 9pm

Voting in local elections is key to improving the neighborhood!

Greenpoint and Williamsburg are underserved in part because of low voter registration and voter turnout. In the last open council election only 16% of eligible voters voted, and the turnout rate was even lower in North Brooklyn.



There are many competitive races this year

The Democratic lines for City Council as well as the citywide offices of Comptroller, Public Advocate and Mayor are all competitive races this year. Find out what council district you're in!

The elections that most directly affect our community are the City Council races. City Council Members have a lot of say over what kinds of development are approved, how the budget is allocated, and what kinds of local laws are passed.

The 33rd Council District, which covers Greenpoint, Northside, South Williamsburg, Park Slope, Boerum Hill and Brooklyn Heights has seven Democrats running for the seat. NAG and several co-sponsors held a forum attended by six of the seven candidates. Find out more about the race from:

• Boropolitics.com


• Gotham Gazette


• Streetsblog


• Only the Blog Knows Brooklyn

The 34th Council District, which covers Southside, East Williamsburg, Bushwick and Ridgewood, has three Democrats running for the seat. Find out more about the race from:

• Boropolitics.com


• Gotham Gazette


• Bushwick BK Profiles: Diana Reyna, Gerald Esposito & Martiza Davila

Are You Registered Correctly?

• You can confirm your registration online.
• In NY State, you can only vote in a primary if you are a registered member of that party. Changes in your party registration do not go into effect until after the general election, so we recommend that you change your registration now if you are not registered in a party and want to vote in primaries. Fill out a voter registration form (see below) to change your party.
  

How to Vote

• Find out where your polling place is.


• If this is your first time voting in NY State, we recommend you bring a photo ID with you, or proof of residency like a phone bill or bank statement with your current address--you do not need to bring the card the Board of Elections sends you in the mail.


• If you have voted before in New York State, no proof of identity is required except for your signature.

How to Register

• You pick up a voter registration card at libraries, post offices, and most government agencies.
• You can stop by the NAG office to pick up a voter registration form (call 718-384-2248).
  
• You request a form in the mail, call 1-866-VOTE-NYC.
• You can fill out a PDF form, print it out, and mail it to the Board of Elections.

NAG is a non-partisan entity and does not endorse candidates for office.

Become an Internet-Savvy NAG!

We're slowing evolving into the late 20th century. We've created these various ways for you to keep track of what NAG is up to:

Visit the (NEW!) NAG events calendar

Keep track of NAG doings on twitter

Join the NAG facebook group

Read the NAG blog or get its RSS feed

Neighbors Allied for Good Growth (formerly Neighbors Against Garbage) is a civic organization that has been performing grassroots organizing, advocacy and outreach/education to the North Brooklyn waterfront community of Williamsburg/Greenpoint since 1994.