Two Bridges Towers Threatened In 'David And Goliath Moment'

TWO BRIDGES, NY — A State Supreme Court judge threatened developers' plans to build four massive towers in Two Bridges, ruling in favor of a City Council lawsuit Thursday.

State Supreme Court Judge Arthur Engoron ruled that four controversial proposed towers cannot be built without first undergoing a review process called the Uniform Land Use Review Procedure, or ULURP.

"I feel like this is a very David and Goliath moment," said Daisy Echevarria, a Two Bridges neighbor that lives near where the buildings would rise.

"They assumed that this community was going to be silent, that this community wasn't going to push back, but they got the surprise of their lives," she said.

Developers JDS Development Group, L+M Development Partners, CIM Group and Starrett Group were planning to build 2,700 apartments with about 700 earmarked as below-market-rate across four 62- to 80-story towers and kick-in tens of millions of dollars in upgrades to playgrounds, a subway station and repairs at a nearby public housing complex.

Neighbors have long blasted the plans over fears of exacerbated gentrification from the majority market rate towers, as well as concerns over air quality, sunlight and transportation capacity. City Planning ultimately approved the project in December, sparking a lawsuit by the City Council and Manhattan Borough President days later.

"What went on in the heads of the Planning Commission members on December 5, 2018 we will never know," Engoron wrote in the ruling, in which he began with a quote from Mike Wallace's "Greater Gotham," lambasting the skyscraper "development tornado roaring up Broadway" in the early 20th century.

The court determined City Planning "erred in approving the Proposed Project without requiring ULURP review," wrote Engoron, who ruled in favor of the tower opponents in June.

City Planning had previously decided the buildings could forgo the public review process because it was technically considered a "minor modification" to the development area, which Engoron wrote is "somewhat Orwellian" or "reminiscent of the story about the emperor's new clothes."

"Judge Engoron’s decision vindicates our efforts and, just as importantly, empowers the voices of those most impacted by the displacement and gentrification of the proposed mega towers," Councilmember Margaret Chin, who would have a pivotal vote over any development through so-called ULURP, said in a statement.

James Yolles, a spokesperson for the developers, said, "Needless to say, we disagree with the court's ruling, as these projects were lawfully approved and met all legal requirements."

"They were proposed after years of community consultation, public review and environmental analysis, and in compliance with zoning that's been in place for more than 30 years," Yolles said. He added the developers plan to appeal.

The Law Department said the de Blasio administration is considering its legal options.

"We are disappointed by the court’s ruling impacting a project expected to add hundreds of affordable housing units and improve transit infrastructure for the community," Law Department spokesperson Nick Paolucci said in a statement.

Two other lawsuits filed by community groups are pending. Another lawsuit could further delay the project.

Community groups have been pushing to change what developers could built along the waterfront amid the legal battles through a rezoning process.

A lawyer for the groups, Paula Segal of TakeRoot Justice, said the goal is to rezone the neighborhood before developers re-apply to build the towers — forcing them to follow the community rezoning plans.

"I'm confident [the buildings] would look nothing like what is proposed," said Trever Holland, a leader of Tenants United Fighting for the Lower East Side, one of the groups pursuing the rezoning and suing over the project. "We knew from the beginning that the land is developable and that something could be built there, hence why we … are planning to rezone the area.”

Of the judge's ruling, City Council Speaker Corey Johnson added, "The Council has for years said this project — which would totally transform the Two Bridges neighborhood — requires public review and ultimately City Council approval. We're very grateful that the State Supreme Court agreed and that the community, the Borough President, and the City Council will have an opportunity to provide real input and help shape the future of this neighborhood."

Read the full ruling below:

City Council, Manhattan BP Lawsuit Over Two Bridges Towers Ruling by Sydney Pereira on Scribd