Gowanus Rezoning Kicks Off After Judge Lifts Restraining Order

GOWANUS, BROOKLYN — The city's controversial plan to rezone Gowanus officially kicked off on Monday after a judge agreed to lift a temporary restraining order put on the project in January.

The Gowanus Neighborhood Plan — which had been tied up in a local lawsuit from opponents of the plan — was certified by the City Planning Commission on Monday afternoon, the first step in its journey through the review process known as ULURP.

The certification came just hours after Judge Katherine Levine ordered to lift the restraining order on the plans after a "template" agreement between lawyers on either side of the lawsuit, which questioned the use of virtual hearings during the coronavirus crisis.

"We are grateful for the ongoing attention to this case by Justice Levine, and we will continue to work with the Court and the community to ensure that the Plan, which has been in the making for many years, is widely reviewed," Department of City Planning spokesperson Melissa Grace said about the news.

The planning department had first announced on Friday that Levine was likely to lift the order to the chagrin of the groups behind the lawsuit, who accused the city of divulging details of ongoing confidential meetings with the judge.

The meetings had been set up to hash out an agreement about holding outdoor, in-person meetings on the rezoning that will also be available virtually, the RealDeal first reported. A detailed plan for how the hearing will be held is still in the works, according to Levine's motion.

“The lifting of the TRO was provisional and is contingent upon the City meeting certain requirements, which it has not yet done," attorney for the rezoning's opponents, Jason Zakai, said in a statement. "The court proceeding continues, and Voice of Gowanus will not waver in its fight on behalf of the community to ensure there is increased public participation, access and transparency at any ULURP public hearings on the massive and controversial Gowanus rezoning plan.”

The groups, Voice of Gowanus and Friends and Residents of Greater Gowanus, contended that the rezoning should be put on hold until in-person meetings about it can be held. They argued the use of virtual hearings during the coronavirus pandemic stifle public participation.

Levine, who has been skeptical of the argument against virtual hearings, partially lifted the restraining order on the plans so the city could release its proposal to the public.

The city most recently asked Levine to dismiss the lawsuit given a new executive order from de Blasio explicitly allowing hearings in ULURP to be held virtually.

The Gowanus Rezoning proposes a series of city-led zoning changes to 80 blocks surrounding the Gowanus Canal that officials hope will bring more affordable housing, climate-change protections and varied development to the once-industrial neighborhood. It has been in the works for a decade.

Find video of the CPC meeting here, the Gowanus presentation begins about two hours in: