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}

In an article on The Albany Government Law Review Fireplace blog by Andrew Stengel, they argue that 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. Jane’s Carousel is loved by many (for example see Brooklyn Paper article), but some also believe a carousel in the park will bring unwanted noise, pollution, and traffic to the area (prior post on this). We’ll quote a piece of Mr. Stengel’s conclusions here:

“The planned carousel for Empire Fulton Ferry Park likely constitutes a conversion—and thus requires approval from the Regional Director of the National Parks Service[36]—because it contradicts the purposes of the grant and it is a non-outdoor recreational use in the LWCF project area. The purpose of the LWCF grant is to protect the waterfront which is “one of the few places on the New York City waterfront that gives visitors true access to the water . . . [and also exists as] a rich habitat for fish, crabs, and birds of the New York Harbor Estuary.”[37] A carousel abutting the waterfront—or anywhere else in the former Empire Fulton Ferry Park—is a clear conflict with the LWCF grant.[38] The carousel would serve as an obstacle to access of the waterfront.[39] Moreover, the carousel, with the proposed large enclosing structure, will obstruct and destroy one of the most famous view corridors to the Brooklyn Bridge and New York City.[40]“

However, read the full Albany Government Law Review Fireplace blog article for the full arguments. We were also able to obtain the original letter of the federal grant (750kb PDF) if you are interested.

(Image rendering courtesy of Jean Nouvel from Brooklyn Eagle)

(July 8, 2010)

(June 16, 2007)

It’s unfair to compare Dumbo Then and Now photos for the not-yet-finished Empire-Fulton Ferry State Park, but here are some interim photos of the park. The park is being worked on to improve drainage, add park furnishings, lighting, and of course house Jane’s Carousel. One of the concerns by some with the renovation of the park include the removal of the trees. It looks like the two largest trees have been spared, but the trees near the point of the boardwalk and others in the park have been cut down.

(July 8, 2010)

(May 8, 2009)

Previously:
{Some Don’t Want Jane’s Carousel in Park, 12Apr2010}
{Empire Fulton Ferry State Park Closed for Renovation, 05Jan2010}
{Jane’s Carousel To Be in Brooklyn Bridge Park, 18Dec2009}
{‘Jane’s Carousel’ closer to a grand entrance in Brooklyn Bridge Park, 18May2010, Brooklyn Paper}

A Curbed report says that someone posted a sign in front of the currently-closed-for-renovations Empire Fulton Ferry Park. The sign as transcribed by Curbed says:

the carousel
Boycott this thoughtless project of a rich individual’s boredom
In order to install the carousel in the park,

• A majestic tree will be chopped down
• Nature all around will be destroyed
• As will the peace and quiet we’ve enjoyed
• No more geese – either chased or terrified by the racket and the crowds

Inevitably, this “mini amusement park” will attract unprecedented crowds, junk-food concession stands, and, in turn, rats at night.
All this because an idle person, Jane Walentas, wife of a developer already responsible for several Dumbo eyesores, has nothing better to do and plenty of power and money to do it. No doubt she thinks of it as her great legacy, for which we should all be thankful. After all, you are incapable of teaching your children to be entertained by a mere park. They must have a whirligig that will improve their lives.

Fight the bully! Go online and tell Jane Walenta [sic] that money doesn’t buy everything. Certainly not our admiration.

Is this about NIMBY, anti-Walentas, or both?

A note from the Brooklyn Bridge Park Development Corporation:

Empire Fulton Ferry State Park is closed as of January 1, 2010 as construction gets underway to implement a series of exciting park improvements. Improvements include:

• Jane’s Carousel, a gift of Jane and David Walentas. The magnificent, restored 1922 carousel will be housed in a beautiful pavilion designed by Pritzker-Prize winning architect Jean Nouvel, making the carousel available for use in all seasons. (also see: Jane’s Carousel To Be in Brooklyn Bridge Park)
• Extension of the park lawn to the south across the current alignment of New Dock Street
• Stormwater retention tanks to irrigate the park’s natural features
• Park furnishings including railings, benches, picnic tables and bike racks
• Lighting so that the park will be open after dark for the first time since its opening in 1979
• Regrading the park to improve drainage

Scheduled reopening of the park is Spring 2011. The adjacent city park will remain open during the renovation. Pier 1 of the Brooklyn Bridge Park will open as early in 2010 as possible and will host the popular Movies with a View this summer.

(Brooklyn Bridge Park – The plan is to have Jane’s Carousel be on western shore of the park’s cove in front of the Tobacco Warehouse.)

According to officials at the Brooklyn Bridge Park Development Corporation and an article in the NY Post today, Jane’s Carousel will officially be part of the Brooklyn Bridge Park waterfront development. NY Post states:

“The directors of the Brooklyn Bridge Park Development Corporation approved David and Jane Walentases’ gift of the so-called “Jane’s Carousel” and $3.45 million to landscape and operate it past the park’s closing time — and agreed to house it in a pavilion designed by French architect Jean Nouvel.”

Officials note that in addition to the restored 1922 carousel, the Walentases are also donating $3.45 million for improvements to the $350 million park, which include lighting and landscaping so that the carousel hours can be extended past the park’s closing time. If the park will have some food concessions, maybe the Shake Shack empire should open a location here.

The design of the carousel pavilion has not yet been revealed, but Jane’s vision is for a glass one; perhaps similar to the Greenport Village one pictured below.

[UPDATE: 12/21/2009: We emailed Jane for a statement about the carousel, and this is what she stated:

The Carousel is to be located near the "point" of the existing boardwalk. It is the exact site that was originally proposed in the early site plan by Ben Thompson Assoc. & Beyer Blinder Belle in 1984.

I know and have visited the building in Greenport. The Pavilion that Jean Nouvel is designing bears absolutely no resemblance to that building. It is an extraordinarily simple & elegant design that has received only raves from those who have seen it. I imagine the design will be released fairly soon.

Thanks Jane for the update.]

{YouTube: Jane Walentas’ Carousel, 21July2008}
{Jane’s Carousel Open For Season, 22May2007}
{The Carousel News and Trader Talks About Jane’s Carousel, 19Jan2007}
{To the Children of Dumbo: Experience Jane’s Carousel 12/8, 8Dec2006}
{A Chat With Jane At The Carousel Opening, 16Oct2006}

The Brooklyn Hip-Hop Festival 2009 will take place on June 18th, 19th and 20th at the Empire Fulton Ferry State Park, 1 Main Street, Dumbo Brooklyn from 12p.m. – 8 p.m. Events include a retrospective photo exhibit of the first four years, a kick off party, Family Day, The Main Day, and the Official After Party. Performers include big names in the industry: Pharoahe Monch, DJ Premier, Styles P, dead prez, Smif N Wessun, Grand Puba, J Period, Torae and Marco Polo, Tiye Phoenix, Keys N Krates, Brown Bag All Stars, DJ Parler, DJ Misbehaviour, Metermaids and hosted by Ralph McDaniels. For the full event schedule, go to brooklynbodega.com.

Single Tickets for the Main Day are available for free or for a suggested donation of only $10 at www.brooklynbodega.com. [Tickets also available at Fat Beats New York, 406 Avenue of the Americas # 1, New York, NY 10011, and (212) 673-3883 and Halcyon, 57 Pearl St, Brooklyn, NY 11201, (718) 260-9299]

The Brooklyn Hip-Hop Festival is funded, created, inspired and produced for Hip-Hop by Hip-Hop.

For more information
visit www.brooklynbodega.com, follow them on Twitter @brooklynbodega, or email info@brooklynbodega.com.