Demand Cornell Realty Redo Their Shadow Study!

  • by: Fl L
  • recipient: Anyone Who Loves Gardens, environmental activists, human rights, protectors of the environment, climate change activists, grassroots organizers

Please Sign Our Petition to Demand that Cornell Realty Redo their Shadow Study for their Environmental Assessment Statement!!  

We need to Protect the Brooklyn Botanic Garden!  

Developers are suppose to do an environmental analysis to ensure that the their project won't harm the environment. In the case of Cornell Realty they did theirs wrong and now they are claiming that the project won't have any negative environmental effects.

We had two teams of shadow experts analyze Cornell Realty's Study; Pratt University School of Architecture and City College School of Architecture and both stated that the Cornell Realty development will cause negative impacts on the Brooklyn Botanic Garden.

This is because Cornell Realty did their Shadow Study incorrectly.

History

In 1991 The Department of City Planning "DCP" placed height limits of 60/70 ft (6/7 stories) along the perimeter of Brooklyn Botanic Garden on Franklin Ave.

Details On Why Their Shadow Study is incorrect

In 2018 Cornell Realty's application was certified by the City to build up to 223ft in this 60/70ft height limited zone.

Cornell did an Environmental Assessment Statement, "EAS", which included a Shadow Study, that showed that no adverse environmental effects will occur.

However, they did the Shadow Study incorrectly because they did not include the 40ft Bulkhead and the FRESH program that allows 15 more fT.

With these additional heights there would be an adverse effect and thus they would be forced to address this issue and make changes to their plans.

CEQR - The Offical Manual of the City of New York which describes how EAS's should be performed

Worst Case Scenario CEQR Requirements  - CEQR is the manual that governs how developers must produce their Environmental Assessment Statement (EAS) to determine if their project will have any negative adverse effects to the environment.

In the CEQR manual, section 314.2. http://www1.nyc.gov/assets/oec/technical-manual/08_Shadows_2014.pdf.  It defines the worst case scenario as.....

Of all "possible configurations…if the proposed projects includes special permits….the worst case scenario should include such allowances…..must include the maximum allowed floor area, all rooftop mechanical equipment.."

Please note in *CEQR diagram, they use the 40ft Bulkhead because this development is over 120 Ft.

The Bulkheads and FRESH Program (Special Permit)

In the NYC Zoning Text section 24-51. http://www1.nyc.gov/assets/planning/download/pdf/zoning/zoning-text/art02c04.pdf?v=0501It defines the Bulkheads and their height allowances.

Permitted Obstructions (f) Elevator and stair bulkheads..(3) (ii)Where the maximum permitted height of a #building# is 120 feet or greater, such obstruction are limited a maximum height of 40 ft."

In Zoning Text section Chapter 3 Fresh Program http://www.1.nyc.gov/assets/planning/download/pdf/plans/fresh/zoning_text_amendment_2009_12_09.pdfstates in section 63-02 that Community Board 9 in Brooklyn has the FRESH Program

Section 63-22 Authorization to Modify Maximum Building Height "authorizes modificationsto allow the applicable maximum building height to be increased by 15 ft."

Additionally the application may be applied for after a Building Permit has been issued and must accompany a "signed lease from the prospective of the operator of the #FRESH food store#"

In Cornell Realty's application they state their intention of applying for the Fresh Program, which is a special permit, but they admit that they did not use it in their shadow study.

WE NEED YOUR SUPPORT IN DEMANDING THAT CORNELL REALTY CONDUCT A SHADOW STUDY USING THE GUIDELINES THAT ARE PUBLISHED IN THE CEQR, THE OFFICIAL MANUAL OF THE CITY OF NEW YORK, THAT GOVERNS HOW DEVELOPERS MUST CONDUCT THEIR ENVIRONMENTAL ASSESSMENT.  

THANK YOU FOR SUPPORTING THIS CAUSE!

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