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- Long Island and New York, Since 1993.
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SUFFOLK (631)-271-3737,
QUEENS (718)-751-0226
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NASSAU (516)-307-0262,
BROOKLYN (347)-508-9316,
BOHEMIA (631)-223-4502
- Exceptional Legal Representation Throughout Long Island and New York, Since 1993.
Pacific Park Brooklyn
Practice Areas
Bankruptcy Solutions
The purpose of federal bankruptcy legislation, sometimes known as Title 11 of the United States Code or the “Bankruptcy Code,” is to provide an opportunity for financial reorganization or a fresh start for legitimate debtors who are unable to fulfill their obligations.
Foreclosure Solutions
As you are undoubtedly aware, many homeowners are in arrears on their mortgages as a result of the 2020 recession brought on by the coronavirus. At first, most lenders had been understanding and would have granted a brief suspension of the late payments.
Debt Negotiations & Settlements
Clients regularly hire the Law Office of Ronald D. Weiss, P.C. to represent them in negotiations with banks, mortgage holders, credit card issuers, auto financing providers, landlords, tax authorities, and other creditors.
Mortgage Loan Modifications
The most common strategy used by our firm to prevent a house in severe mortgage arrears from going into foreclosure is a mortgage modification. Mortgage modification and other potential Retention Options are the potential goals of most homeowners in foreclosure because most people experiencing serious hardships with their mortgages are looking for “Retention Options
Credit Card Solutions
For consumers, credit card debt and other unsecured personal loans are the most common types of debt. There are a few legal options for handling credit card debt, including the following: Litigation, bankruptcy, and/or negotiated settlements are the three options.
Debtor Litigation Defense
Many of The Law Office of Ronald D. Weiss, P.C.’s clients face the possibility of litigation or collection activities from their creditors because they are accused of having debt that they are unable to pay or because they contest the existence, amount, or obligation of the debt.
Landlord Tenant Solutions
Landlord-Tenant Law is one of our firm’s areas of expertise; we defend landlords and tenants in a variety of legal proceedings before the Landlord-Tenant Court and the New York Supreme Court. When it comes to eviction and/or collecting large amounts of past due rent.
Distressed Real Estate
A. Pre-Contract When a seller (the “Seller”) sells real estate to a buyer (the “Buyer”), there are usually a number of important steps involved. A seller will first list their property on the market for sale. A real estate broker is frequently hired by the seller to help locate possible buyers for their property.
Student Loan Solutions
In this world nothing can be said to be certain, except death and taxes,” as Benjamin Franklin famously said. This phrase has recently been amended by popular opinion to include student loans. Since most jobs these days require a bachelor’s degree, the amount of debt that Americans owe on their student loans
Tax Debt Solutions
Many people have trouble keeping up with their tax payments to the New York State Department of Taxation and Finance (“NYS”), which includes sales taxes, income taxes, payroll taxes, and other state taxes, as well as the U.S. Internal Revenue Service (the “IRS”), which includes individual income taxes.
Table of Contents
Pacific Park is a multifaceted development project in Prospect Heights, Brooklyn, initiated by Forest City Ratner. It encompasses 17 high-rise buildings and is strategically positioned adjacent to Downtown Brooklyn, Park Slope, and Fort Greene. A portion of the project occupies the Atlantic Terminal Urban Renewal Area, with extensions reaching into the neighboring brownstone community.
Covering 22 acres, with 8.4 acres positioned over a Long Island Rail Road train yard, Pacific Park is a significant endeavor. Its flagship feature is the Barclays Center sports arena, which debuted on September 21, 2012. Originally dubbed Atlantic Yards, the project underwent a renaming in August 2014 as part of a larger rebranding effort by the developer.
Overseen by the Empire State Development Corporation, Pacific Park has seen the completion of four out of fifteen planned buildings as of 2018. However, there has been a significant delay in the project timeline, pushing the completion deadline from 2025 to 2035. Among its residential offerings is 461 Dean, recognized as the world’s tallest modular apartment building, which opened its doors in November 2016.
Context
Since the mid-20th century, various proposals have emerged for the development of the area around Flatbush and Atlantic Avenues, known as Times Plaza. However, plans for the area have been fragmented and implemented in pieces.
In the mid-1950s, Walter O’Malley, owner of the Brooklyn Dodgers, suggested that the city condemn the site to construct a new stadium for the baseball team, replacing Ebbets Field. City officials rejected this proposal, as they did not view a privately financed baseball park as meeting the criteria for public purpose outlined in Title I of the Federal Housing Act of 1949. Robert Moses, a prominent city planner, also opposed O’Malley’s plan, citing concerns about its impact on traffic flow. Ultimately, O’Malley moved the Dodgers to Los Angeles in 1958.
In 1968, Long Island University considered the site, but faced opposition from Mayor John V. Lindsay.
A 1968 New York Times article detailed a $250 million plan (equivalent to over $1.4 billion in March 2006 dollars) for the Atlantic Terminal Urban Renewal Area (ATURA). This proposal aimed to revitalize the area by constructing 2,400 new low- and middle-income housing units to replace 800 dilapidated ones, removing the blighted Fort Greene Meat Market, allocating a 14-acre site for the City University’s new Baruch College, establishing two new parks, and developing community facilities such as day-care centers.
Development
The current project, named Pacific Park, was conceived by developer Forest City Ratner, with its title drawing inspiration from the rail yard situated between Atlantic Avenue and Pacific Street. Officially designated as the “Vanderbilt Yard” by the Metropolitan Transportation Authority, this rail yard derives its name from Vanderbilt Avenue, which traverses it en route to the Brooklyn Navy Yard. The Atlantic Terminal station of the Long Island Rail Road serves as the westernmost stop of the Atlantic Branch, facilitating convenient access via rapid transit and suburban rail. The project’s allure for speculative development is further enhanced by its proximity to desirable brownstone housing stock.
Forest City Ratner, a subsidiary of Forest City Enterprises based in Cleveland, Ohio, is spearheading the development and oversight of the Pacific Park project. Initially, architect Frank Gehry crafted the master plan and designed certain buildings. However, Gehry’s involvement ceased in June 2009. Subsequently, the design for what would become the Barclays Center transitioned into a collaboration between Ellerbe Becket and the Manhattan-based architectural firm SHoP Architects. Pacific Park, under the purview of the Empire State Development Corporation, is intended to be a public-private venture, as outlined by Bruce Ratner in November 2009.
In March 2008, principal developer Bruce Ratner acknowledged potential delays in construction due to the slowing economy, particularly affecting the office and residential components of the project. The initial design comprised the arena encircled by Miss Brooklyn, an office building designed by Frank Gehry, and three residential buildings in its first phase. Forest City initiated efforts to attract corporate tenants by sending a letter, signed by Gehry, to CEOs of major New York corporations. A portion of the project’s funding, totaling $58 million, was provided by the city and state out of the $300 million pledged in public funds.
On June 23, 2008, the U.S. Supreme Court declined to hear an appeal regarding the federal eminent domain case. Subsequently, the case was refiled in state court with slight modifications in arguments. In November 2009, the project achieved a significant milestone when the New York Court of Appeals dismissed the final challenge to the legality of eminent domain, as reported by the New York Times. Despite further challenges related to the implementation of eminent domain, these were dismissed in March 2010. Notably, Daniel Goldstein, a prominent member of the neighborhood opposition, reached a settlement agreement in April 2010 under pressure, thereby enabling vacant possession, the sale of the Nets to Mikhail Prokhorov, and the release of arena construction bonds from escrow.
Land use
The development is situated in Prospect Heights, an area experiencing gentrification, where the median price of a residential unit surpassed $1 million in 2019. The project’s 22-acre site comprised a blend of public streets, private residences, and small businesses. Forest City Ratner holds control over a significant portion of this private property and has leveraged the state’s use of eminent domain to acquire and close the streets. The land itself is owned by New York State, with the developer operating under a 99-year lease agreement.
Barclays Center
The Barclays Center serves as the home arena for the National Basketball Association’s Brooklyn Nets, a purchase orchestrated by a group led by principal developer Bruce Ratner, aiming to position it as the focal point of the entire project. This move marked the return of major league professional sports to Brooklyn for the first time since the Brooklyn Dodgers relocated to Los Angeles in 1957. Initially, the arena’s design included features such as an ice skating rink and a green roof.
In 2012, the Nets, previously known as the New Jersey Nets, commenced playing at the Barclays Center under the ownership of Mikhail Prokhorov, Russia’s second wealthiest individual. The relocation prompted a rebranding of the team to align with their new home. Prokhorov, holding an 80 percent stake in the Nets at the time, thus became the first Russian owner of a major U.S. professional sports franchise. The deal was crucial for Ratner, as the project risked losing tax-exempt financing and the Barclays naming-rights agreement if groundbreaking did not occur within a three-month window.
On September 18, 2019, Joseph Tsai, the executive vice chairman of the Alibaba Group, finalized the acquisition of full ownership of the Brooklyn Nets and Barclays Center. This transaction elevated Tsai to the role of NBA Governor for the Nets and its affiliated entities.
Zoning
Ground was broken on the first residential building at Pacific Park—B2—on December 18, 2012. This building will comprise 363 units, with 50% designated as “affordable” housing. In March 2011, The New York Times disclosed that Forest City Ratner was contemplating the construction of a 34-story apartment building using prefabricated units, potentially making it the largest prefabricated structure globally. This approach is anticipated to yield significant cost savings, as factory-based construction is typically more economical than on-site construction. While meeting the demands of affordable housing advocates, this decision is likely to provoke discontent among construction unions, which have been staunch supporters of the project.
Standing at 32 stories, B2 will claim the title of the tallest building in the world constructed using modular technology. However, the housing aspect of the project has faced criticism for its urban density. Although the construction of a 34-story prefabricated building wouldn’t mark the city’s first high-rise built with prefab elements, it would undoubtedly be the largest.
Despite these innovations, B2’s completion was delayed, with the original expected completion date of 2014 pushed back to late 2015. By April 2014, the building was only 13% complete, underscoring the challenges and setbacks encountered during the construction process.
- Transportation
The project is situated above the Vanderbilt train yards adjacent to the Atlantic Terminal station, from which the Atlantic Yards development derived its initial name. This station serves as the westernmost stop on the Long Island Rail Road’s Atlantic Branch, acting as the primary terminal for the Far Rockaway, Hempstead, and West Hempstead Branches on weekdays. Additionally, the location is well-connected by several bus lines.
Located near the intersection of Atlantic Avenue and Flatbush Avenue, one of Brooklyn’s largest and most congested intersections, the development has faced criticism due to the anticipated increase in car traffic resulting from additional housing and the construction of the arena. Critics have cited this as a major reason for their opposition to the project. While the Environmental Impact Statement suggests that the addition of over 15,000 new residents would not significantly impact vehicular traffic, this claim has been disputed by the Council of Brooklyn Neighborhoods.
Despite concerns about traffic, it’s worth noting that there hasn’t been a noticeable increase in traffic associated with the arena’s opening. Conversely, there has been a substantial uptick in subway and Long Island Railroad usage, indicating a shift towards public transportation among residents and visitors.
- Public opinion
The Community Benefits Agreement
The October 22, 2005 edition of The Brooklyn Paper exposed that Forest City Ratner (FCR) had made substantial payments to organizations, purportedly to secure grassroots neighborhood support for the proposed Pacific Park development. Even before the so-called “community benefits agreement” (CBA) was drafted in June 2005, a non-governmental pact between the developer and community groups, filings from Brooklyn United for Innovative Local Development (BUILD) indicated that the organization would receive $5 million from Bruce Ratner’s company in exchange for support. According to IRS documents, BUILD’s president, James Caldwell, received an annual salary of $125,000, while two other executives, Mary Louis and Shalawn Langhorne, each received $100,000 per year. Additionally, Forest City Ratner paid $50,000 to Reverend Herbert Daughtry, another endorser of the CBA. Daughtry’s organization, Downtown Brooklyn Neighborhood Alliance, was tasked with assisting in the development of an inter-generational center as part of the Ratner plan.
A Community Benefit Agreement, purportedly modeled after the first of its kind for the Staples Center in Los Angeles, was signed on June 27, 2005, between Forest City Ratner and a coalition of community groups to provide various benefits for the community. Notable leaders involved in these community groups included Bertha Lewis, Executive Director of ACORN; James Caldwell, Executive Director of Brooklyn United for Innovative Local Development; and Reverend Herbert Daughtry, pastor of House of the Lord Church.
Controversy
In a Huffington Post blog, Daniel Goldstein criticized Pacific Park, then known as Atlantic Yards, labeling it as “a corrupt land grab,” “a taxpayer ripoff,” “a bait and switch of epic proportions,” and “a complete failure of democracy.” Goldstein, who co-founded Develop Don’t Destroy Brooklyn, experienced firsthand the impact of the project as the last remaining homeowner. His condominium apartment, located where the arena’s center court now stands, was acquired by New York State through eminent domain on March 1, 2010, following nearly 8 years of legal battles. Subsequently, the state took full ownership of his home and initiated eviction proceedings against him, his wife, and their toddler daughter.
During the eviction hearing on April 21, 2010, Brooklyn judge Abraham Gerges compelled the Empire State Development Corporation and Mr. Goldstein to reach a settlement, stipulating an imminent eviction date (May 7) and determining the constitutionally mandated just compensation for the seized property. The compensation amounted to $3 million, with $760,000 allocated to Mr. Goldstein’s attorney, Mike Rikon.
Subsequently, Forest City Ratner (FCR) increased its bid to $100 million, claiming that the overall value of its bid exceeded the appraised value, a contention validated by the courts.
Further opposition
The primary opposition to the Pacific Park development, formerly known as Atlantic Yards, was led by the nonprofit organization Develop Don’t Destroy Brooklyn. However, various other groups also expressed opposition or sought to mitigate the project’s scope. These organizations included 100 Blacks in Law Enforcement, Boerum Hill Association (BHA), Central Brooklyn Independent Democrats (CBID), Committee for Environmentally Sound Development, Creative Industries Coalition (comprising 80 local businesses, galleries, and collectives), and Democracy for New York City (DFNYC).
Another coalition critical of the project, BrooklynSpeaks, initially refrained from pursuing litigation but eventually took legal action in 2009, joined by Develop Don’t Destroy Brooklyn. They alleged that the Empire State Development Corporation (ESDC) failed to adequately assess the impact of extending the construction timeline by fifteen years when it approved a renegotiated project plan in September 2009. In November 2010, New York State Supreme Court Judge Marcy Friedman ruled in favor of the petitioners, directing the ESDC to either justify its continued adherence to the original ten-year construction schedule or conduct a supplementary environmental impact study. BrooklynSpeaks and DDDB subsequently sought a halt to construction pending the ESDC’s response to the court order.
In addition to these organized opposition efforts, various community groups in the area also voiced concerns about the project. Notably, now-New York Attorney General Letitia James, formerly the New York City Council member for the district, opposed the development. Critics cited issues such as the lack of transparency, insufficient democratic review, mixed track record of developer Bruce Ratner’s previous projects, and the use of eminent domain to displace residents for commercial interests. The project’s implementation was expected to involve the seizure and demolition of 68 residential or business properties, leading to increased traffic congestion, light pollution, gentrification, and overcrowding in the area.
Environmental impact
During a preliminary environmental impact assessment of the project, concerns regarding wastewater management were raised, drawing the attention of Carroll Gardens residents. According to The Brooklyn Paper, the sewage generated by the development was expected to flow into the city’s outdated combined sewer system, which becomes overloaded during heavy rainstorms. It was estimated that approximately 27 billion US gallons (100,000,000 m3) of untreated sewage would discharge into waterways around the city annually, including 13 outfalls on the Gowanus Canal.
Lawsuit by community groups
In late October 2006, the aforementioned community groups initiated a lawsuit in federal court against Mayor Bloomberg, Governor George Pataki, and Bruce Ratner of Forest City Ratner in an effort to halt the project. The plaintiffs alleged that the project failed to serve a public use, a requirement established by legal precedent. Led by attorney Matthew Brinkerhoff, the lawsuit, known as Goldstein v. Pataki, aimed to challenge the project’s legality.
The impetus for the lawsuit stemmed from an open letter published in the Village Voice and posted on the nolandgrab.org website. This letter suggested that Justice Kennedy’s concurring opinion in the Kelo case could be utilized to challenge eminent domain actions as a violation of minimum scrutiny. According to this principle, government policies, including the use of eminent domain, must be reasonably connected to a legitimate government purpose.
Support
The Pacific Park project garnered endorsements from various influential figures, including the Metropolitan Transportation Authority (MTA) and former Mayor Michael Bloomberg. It enjoyed staunch support from former Brooklyn Borough President Marty Markowitz, who viewed it as an opportunity to establish the long-envisioned business district in Downtown Brooklyn, a vision originally stalled by the Great Depression following the construction of the Williamsburgh Savings Bank Tower. Additionally, the project received backing from three former governors since its inception in 2003: George Pataki, Eliot Spitzer, and David Paterson. These governors held sway over state agencies crucial to the project, such as the Empire State Development Corporation (ESDC) and the Metropolitan Transportation Authority (MTA).
Among the project’s most fervent supporters was Marty Markowitz, who perceived it as a means to reintroduce professional sports to Brooklyn. Other notable proponents included U.S. Senator Charles Schumer, Congressman Gregory W. Meeks, former Congressmen Edolphus Towns and Anthony Weiner, former State Senator Carl Kruger, and former Comptroller William C. Thompson, Jr.
Former Mayor Bloomberg’s agenda emphasized job development in the boroughs outside of Manhattan, with the Pacific Park project serving as a significant component. It was viewed as a strategy to prevent companies from relocating to areas outside of New York City, such as New Jersey, by offering lower-cost office space in the boroughs. This approach aimed to maintain the city’s tax base, thereby sustaining municipal services. Spearheaded by Mayor Bloomberg, the project received approval from the Empire State Development Corporation.
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