Last week, the United States District Judge Eric N. Vitaliano ruled that the National Park Service (“NPS”) violated federal law by removing two historic landmarks from federally protected parkland. In January, we wondered why the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) requested the park boundary be amended in 2008 knowing that events were held at the Tobacco Warehouse (OPRHP wrote to NPS to request that the park’s boundary map be amended because “These former warehouse buildings [the Empire Stores and Tobacco Warehouse] are not suitable for nor used by the public for outdoor recreational opportunities in the park”). By amending the boundary, it allows for the property contained within the park to be altered. However, the ruling orders NPS to protect these Civil-War era structures – the Tobacco Warehouse and the Empire Stores – from the current development plans.

The lawsuit was filed by the Brooklyn Heights Association, the Fulton Ferry Landing Association, the New York Landmarks Conservancy, and the Preservation League of New York State.

So what’s next for these buildings? According to The Brooklyn Eagle, “The city’s Brooklyn Bridge Park Corporation, which supports the plan to lease the Tobacco Warehouse to St. Ann’s Warehouse to develop a $15 million performance space and community center, vowed to continue trying to make that proposal a reality.”

The following list are references from around the web last week:

• Tobacco Warehouse deal up in smoke, 11Apr11, NYDN
• Judge Halts Tobacco Warehouse Transfer, 12Apr11, Brownstoner
• Judge Blocks City’s Proposal for 2 Buildings in Brooklyn, 10Apr11, NYT
• Federal Court Rebukes National Park Service, 11Apr11, FFLA
• Tobacco no-ed!, 11Apr11, BK Pape
• Tobacco Warehouse Decision Vindicates Heights Association, 11Apr11, BK Eagle
• Federal Court Rebukes National Park Service, 10Apr11, PRN
• Brooklyn Judge Blocks St. Ann’s Warehouse From Building New Dumbo Home, 11Apr11, WNYC

Previously on DumboNYC:
{St. Ann’s Warehouse Given The Go at Tobacco Warehouse, 16Feb2011}
{Neighborhood Associations Sue to Stop Development of Tobacco Warehouse, 19Jan2011}
{Why Did NY State Parks Claim That Tobacco Warehouse is Not Used for Public Recreation?, 12Jan2011}
{Tobacco Warehouse, 17Apr2009}

(Photo courtesy of The Brooklyn Paper)

According to a report on Gothamist yesterday, “The National Park Service has endorsed the Brooklyn Bridge Park Corporation’s plan to transfer the Civil War-era Brooklyn Tobacco Warehouse in DUMBO to performing arts presenter St. Ann’s Warehouse. The National Parks Service issued the decision on Monday (see below letter) that it supports its own 2008 decision that allowed the state to redraw the map of the Brooklyn waterfront to allow a historic building in a park to be redeveloped into a theater. As you may recall, the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) requested the park boundary be amended in 2008, which prompted local community organizations to sue to stop the renovation.

Tobacco Warehouse Decision 2-14

(Photo by Monika N.)

Last week, we wrote about the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) requesting the park boundary be amended in 2008 knowing that events were held at the Tobacco Warehouse. This is after they stated in a letter that “These former warehouse buildings [the Empire Stores and Tobacco Warehouse] are not suitable for nor used by the public for outdoor recreational opportunities in the park.” Our question was, what motives did OPRHP have to amend the LWCF grant boundaries?

Yesterday, local community organizations, FFLA, Brooklyn Heights Association and the NY Landmarks Conservancy filed suit to stop a secret expropriation of the Tobacco Warehouse. According to the FFLA website:

“We are seeking a preliminary injunction to stop the transfer of the Tobacco Warehouse, designated as part of parkland since 2000, to private hands. This primary action is in Federal Court, against the Natonal Park Service (NPS). We also filed a secondary action in NY State Supreme Court against the New York State Office of Parks (NYSOP) and the Brooklyn Bridge Park Corporation (BBPC) requesting a court order to prevent officials from providing false and misleading information to the National Park Service.”

See more on Brownstoner, NYDN, and Brooklyn Heights Blog.

(Photo by Carolyn Weiss)

Something doesn’t seem right around the Empire Fulton Ferry State Park. In November 2010, according to a The Albany Government Law Review paper, the proposed placement of Jane’s Carousel in the Empire Fulton Ferry Park contradicts the purposes of the Land and Water Conservation Fund (LWCF) grant. And yesterday, a new paper, by the same author, Mr. Stengel, says that the Tobacco Warehouse in the same park was excluded from the LWCF seven years after the grant was awarded in 2001 based on false information.

According to the paper:

In 2001, National Parks Service (“NPS”) approved a LWCF grant in the amount of $275,525 for the Cove Area Improvement in Empire Fulton Ferry Park (EFFP).[7] Unexplored in my previous post is the original boundary map for the LWCF grant, which incorporated all of EFFP including the Empire Stores and Tobacco Warehouse.[8] The map detailed the area covered by the grant, which, like all LWCF projects, included an assurance in perpetuity that the land and real property contained within will not be converted.[9] However, on November 5, 2008, the New York State Office of Parks, Recreation, and Historic Preservation (“OPRHP”) wrote to NPS to request that the park’s boundary map be amended.[10] The OPRHP letter stated: “These former warehouse buildings [the Empire Stores and Tobacco Warehouse] are not suitable for nor used by the public for outdoor recreational opportunities in the park.”[11]

NPS replied to OPRHP about one month later, acknowledging that the Empire Stores and Tobacco Warehouse were in the original project boundary map, but allowed the amendment excluding the structures.[12] Furthermore, NPS concluded that “the LWCF Program does not provide financial assistance for existing or proposed indoor recreation facilities and these former warehouses are not suitable for recreational use by the public, the pre-existing warehouses should have been excluded.”[13] NPS also acknowledged that grant maps are final, except for “conversion or significant error.”[14]

If we read this correctly, the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) requested the park boundary be amended in 2008 (PDF of letter of request) knowing that events were held at the Tobacco Warehouse (such as the widely publicized Macbeth in June 2008 by NY Times and by us). By amending the boundary, it allows for the property contained within the park to be altered. It is a fact that the Tobacco Warehouse hosted public outdoor recreation events. It is a fact that State Parks claimed that Tobacco Warehouse did not host outdoor public events. The question is, what motives did OPRHP have to amend the LWCF grant boundaries?

Mr. Stengel’s conclusion, while not stating who or what the motives were, is there’s something odd going on:

There exists, dare I say, a veritable warehouse full of evidence that the roofless, four-walled brick structure was host to public outdoor recreation during the time the LWCF grant was awarded in 2001 until the map amendment in late 2008. The reason OPRHP would claim otherwise, whether intentionally or by mistake for failure to investigate, is a mystery. Potential violations of criminal law depend on what agents or employees of OPRHP knew at the time of the Tobacco Warehouse map amendment request was made to NPS.

(Photo by eurythman)

Previously:
{Does the Carousel in Empire Fulton Ferry State Park Contradict State Law?, 04Nov2010}
{City Envisions Full-Fledged Re-use for Tobacco Warehouse, 31Aug2010, Brooklyn Eagle}
{Tobacco Warehouse, 17Apr2009}

Various Events at Tobacco Warehouse:
{Burger Bash, 13Oct2009}
{Vendy Awards at Tobacco Warehouse, 17Oct2008}
{ISSUE Project Room’s Music at the Bridge Event at Tobacco Warehouse, 29Jul2008}
{Music At The Bridge at Tobacco Warehouse, 21Jul2008}
{Macbeth, 17Jun2008}
{Brooklyn Pigfest 2008 at Tobacco Warehouse, 30May2008}
{American Cancer Society Event at Tobacco Warehouse, 24Apr2008}
{Events: “82 Decibels” at Tobacco Warehouse, 16Sept2006}

Brooklyn Bridge Park’s Committee on Alternatives to Housing, with the assistance of Bay Area Economics Consulting, is conducting the second of two public hearings to solicit comments from the public on alternative sources that could be relied upon to finance the on-going operations of the park in lieu of revenues from the Pier 6 and John Street development sites.

As part of the Brooklyn Bridge Park development, the park must be self-sustaining. One method is to build market rate housing on the park as a source of revenue for the park. The park has begun receiving revenue from One Brooklyn Bridge Park on Furman St. However, the first residential development will be in Dumbo on John Street. According to the Brooklyn Eagle, the John Street site needs approval. If approved, the project will start in July 2011 and expected to take two years to complete. The John Street building would be 170 feet tall and 16 stories high with 130 units. Another two sites at Pier 6 sites would be 315 feet tall and 31 stories high with 290 units; the other one would be 155 feet tall and 15 stories high with 140 units.

(John Street site in Dumbo)

Thursday, December 9, 2010, 6pm – 8pm
St. Francis College*, 180 Remsen Street
Founders Hall Auditorium, 1st floor

The public is encouraged to submit written comments in lieu of, or in addition to, verbal testimony. The deadline to submit written testimony is 5 p.m. on Monday, December 13, 2010. Please submit written testimony to Bay Area Economics at bbptestimony@bae1.com.

More:
{Housing in Bridge Park Still a Question Mark, 01Dec2010, BK Eagle}
{First New Condo in Brooklyn Bridge Park Would Be in Dumbo, 02Dec2010, Curbed}
{Francis to NY1: No Turning Back Once Housing is in Brooklyn Bridge Park, 01Dec2010, BHB}
{The Future of Brooklyn Bridge (Condo) Park, 03Dec2010, LMag}
{Alternatives to Housing in Brooklyn Bridge Park, Washington Sq Park}

(Photo by Jane Kratochvil)

We know this is not new, but Squibb Park at Columbia Heights and Middagh Street in Brooklyn Heighgts has been open for a month or two. The 70 year old, 0.595 acre park was under renovation and is now a skate park with engineered acrylic floor. No half pipes or rails but a bridge from the park to Brooklyn Bridge Park’s Pier 1 is funded, but no word yet on when construction will begin.

According to the NYC Dept of Parks & Recreation:

“This playground honors Dr. Edward Robinson Squibb (1819-1900), founder of Squibb Pharmaceuticals, later known as Bristol Meyers Squibb…He built the first Squibb laboratories on a site behind the present playground; if you look closely you can still see the name Squibb written on the smokestacks.”

{Squibb Park Open for Skaters, PS 8 Kids, 06Oct2010, Brownstoner}
{Squibb Playground in Lively Use, 23Sept2010, BHB}
{This park is a forgotten ‘Squibb’ no more, 06Oct2010, BK Paper}
{Update on Squibb Park & Bridge, 07May2010, Brownstoner}

“The Jehovah’s Witnesses could answer the prayers of locals fighting to keep more high-rise condos out of Brooklyn Bridge Park,” according to a NY Post article. “During a closed-door session at Borough Hall yesterday, some civic leaders and elected officials discussed having the city revise the waterfront park’s project plan to include dozens of DUMBO and Brooklyn Heights properties that the religious group has put up for sale.” The Witnesses buildings, including the one pictured above borders Brooklyn Bridge Park’s Pier 1 and other buildings could substitute for constructing high rise condos at John Street in Dumbo and at Pier 1 and 6. The Witnesses buildings, if converted could be lucrative for the city, given the prime waterfront locations, and can off-set the park’s anticipated $16.1 million annual maintenance costs. That’s of course if, they decide to sell and move out of Brooklyn, as previously reported.

Previously:
{Jehovah’s Witnesses Buildings As “Magic Bullets”, 07Oct2010, Gothamist}
{Watchtower Plans on Moving Out of Brooklyn, 24Feb2010}
{The Watchtower Moving Some Operations from Brooklyn, 26Mar2009}
{‘Mysterious’ 85 Jay Street Activity?, 30Jan2008}
{Where’s the Tennis Court in Dumbo?, 10May2007}
{Glimpse Inside Jehovah’s Witness Headquarters, 16Nov2006}

“Escalade Transformer” Limo, as seen on Main Street in Dumbo. More than meets the eye…Really, where is the limo parade?

{‘Special’ Wedding Limo Seen on Fulton Ferry Landing, 12Aug2010}
{More “Classy” Limos Under the Bridge, 18Aug2010}

The Dog Run at Brooklyn Bridge Park in Dumbo was recently expanded with the help of the Brooklyn Bridge Park and a corporate volunteer group. There are additional upcoming enhancements to the dog run plus opportunities for volunteering.

To donate: Your donation is tax deductible thru the Brooklyn Bridge Park Conservancy, a non-profit 501(c)(3).

Go to: BrooklynBridgePark.org, “Get Involved,” then “Donate,” and fill in Organization box with: “FOR DOG RUN”

Join the email list at: BBPDogRun@nyc.rr.com

New York Outrigger Canoe Club (NYO) will once again host the annual Liberty World Outrigger Competition on July 31, 2010. Liberty is one of the largest sporting events in New York Harbor and one of the most prestigious outrigger canoe races in the world. Teams will race along a challenging and visuallystunning course in New York Harbor, past landmarks such as the Statue of Liberty and the Brooklyn Bridge with the Manhattan skyline as a backdrop. The currents and boat traffic create an unpredictable and washing machine like effect making this race one of the most difficult in the world. Thousands of spectators are expected to watch the event unfold along the New York and New Jersey waterfronts. This year, approximately 250 paddlers from around the world are expected to compete. Past participants have included teams from Tahiti, Australia, Costa Rica, England, Sweden, France and Canada, as well as US teams from Hawaii, California, Florida, Connecticut, Massachusetts, Maryland, Washington DC, and Pennsylvania.

There are three categories of races:
Women (15 miles) Start time 7:30 a.m.
Men (15 miles) Start time 11:00 a.m.
Mixed (co-ed) (11 miles) Start time 2:30 p.m.

All races will launch from the Brooklyn Bridge Park in Brooklyn. From there, crews will head south around the Battery and north up the Hudson River. At 34th Street, they will head west across the river, then south down the New Jersey side of the Hudson River past Hoboken, Jersey City and Ellis Island. At the Statue of Liberty, crews will turn east across New York Harbor and around the southern end of Governors Island and past the Brooklyn Piers. The finish line is directly in front of the Brooklyn Bridge Park. For a detailed map, vantage points, and estimated arrival times, please visit www.newyorkoutrigger.org/liberty.