Judge Pauses Clock On Gowanus Rezoning Review: Docs

GOWANUS, BROOKLYN — The city's plan to rezone Gowanus won't take its next step in the public review process until a judge approves logistical details of an outdoor hearing about the plans, according to a new ruling.

Judge Katherine Levine ordered Friday that the public review process known as ULURP will be put on pause for the Gowanus rezoning proposal until the details are approved for a hybrid remote and in-person hearing about the plans.

The new development comes three weeks after Levine lifted a restraining order on the rezoning, allowing it to kick off the ULURP process on April 19. It had been delayed since January given a local group's lawsuit about using virtual hearing instead of in-person meetings during the coronavirus crisis.

The new order is the latest step in solidifying an agreement between attorneys on both sides to let the plan go forward with a virtual and outdoor option.

"The time limitations set forth in ULURP Rules...which require affected community boards to hold public hearings within 60 days of a certified ULURP application, are hereby paused until the court signs off on the detailed plan for the supplemental hearing," the order reads.

Friday's order revealed new details about what lawyers have agreed the public hearing process will look like. The city and the local groups — Voice of Gowanus and F.R.O.G. — had been negotiating details in closed-door meetings with Levine.

According to the order, the city is planning to hold the hearing on June 3 in J.J. Byrne Park. It will invite no more than 200 people in person and include a live Zoom option where those not able to make it can watch from home.

The city, who submitted its plan to Levine Friday, said it has been collaborating with Community Boards 6 and 2 on finalizing the details.

“Details will be released ahead of time and we will work to make sure the public can fully participate and make their voices heard on this important proposal to advance affordability, equity and opportunity in Gowanus," spokesperson Joe Marvilli said.

The latest order follows letters to the judge this week where Voice of Gowanus and F.R.O.G. argued that Mayor Bill de Blasio and Gov. Andrew Cuomo's recently-announced plans to reopen the city starting May 19 should warrant a new restraining order on the plans.

"...There is no reason why the critical public hearings on the controversial Gowanus project should remain stuck on limited platforms such as Zoom, which severely impair public participation in the rezoning process, while the rest of the City opens up, as the Governor and Mayor have both said the City is ready to do," Attorney Jason Zakai said in a statement Friday.

Instead of putting in a restraining order, Levine's ruling notes that should de Blasio or Cuomo change laws about holding gatherings before the hearings, she will "entertain an application" to hold the meeting entirely in person.

The city, in its own letter to the judge this week, also noted that those changes to laws surrounding in-person meetings haven't happened yet.

"The City continues to prepare to facilitate an opportunity for those who wish to participate in the community board ULURP hearing in-person...and eagerly await further guidance from the Court," they wrote.