Atlantic Yards Arena and Redevelopment Project EIS

CHAPTER 12: TRAFFIC AND PARKING
Comment 12-1:

All of the development planned for Downtown Brooklyn will impact an
already overburdened transportation infrastructure. (30, 31, 107, 151,
312, 347, 380, 384, 397, 399)
Large projects such as the Brooklyn Bridge waterfront development and
the expansion of the Red Hook Cruise Ship Terminal, IKEA in Red
Hook, the new Fairway and the Whole Foods supermarket in Gowanus
were not included. Large buildings such as those at 9 MetroTech, the
new Federal Courthouse, and the Marriott Hotel Expansion were simply
left out. (151)
The DEIS doesn’t consider any development resulting from the
Downtown Brooklyn Development Plan until 2016 because “no plans
for new development have been finalized.” The background growth rate
should be adjusted for the 2010 Build year to account for projects in the
development pipeline, but not yet announced. This is a serious and
unacceptable flaw in the DEIS that should be addressed in the FEIS.
(24, 55)
The DEIS fails to include projects operating in 2006 but not accounted
for in the traffic counts. It fails to include others in the pipeline or
approved as-of-right up to 2016 in Downtown Brooklyn. These and
other projects add up to 53 percent more trips than assumed in the No
Build alternative. In total, the DEIS accounted for just 23 percent of
total No Build development that will impact Downtown Brooklyn. (55)
The DEIS data was collected in 2003, 2004, 2005, and 2006. Fort
Greene is changing and even without the largest development ever built,
traffic in Fort Greene will be epidemic by 2010. (289)
The projections leave out 13 million square feet of proposed
development expected by 2016. About half of current development is
also omitted so that No Build trips are grossly understated. (180, 324)
The DEIS fails to include significant new development in the Future No
Build Condition; approximately 11 million square feet of proposed
development was not included. This accounts for about 50 percent of
the total development planned for the study area. This oversight results
in an understatement of the extent of No Build traffic conditions and
therefore understates the potential for gridlock that will prevail when the
project is built. (37, 55, 68, 105, 406)
Fourth Avenue is undergoing a residential housing boom and this will
continue south along 4th Avenue. New zoning rules beginning at 15th

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Street south on 4th Avenue have an “inclusionary housing” component.
(406)
The amount of development in the surrounding neighborhoods, which is
projected to increase, will have a staggering effect on traffic and transit.
The developer’s intention to further develop the Atlantic Center Mall
site would increase the density in the immediate vicinity of the project
site to extreme conditions. (102, 103)
The DEIS makes the assumption commercial traffic does not exist for
the City’s Downtown Brooklyn Plan, and Williamsburg/Greenpoint
upzonings. (53)
The traffic studies only look at the possible impact of the Atlantic Yards
project, not taking into account that this is only one of many new
developments being built or planned. (574)
Response 12-1:

In addition to background growth, the EIS transportation analyses
include the travel demand from a total of 33 discrete No Build sites in
and around the project site and Downtown Brooklyn that are expected
to be developed by the proposed project’s 2016 analysis year. (For the
2010 analysis year, 14 discreet No Build sites were included.) These
projects, which comprise approximately 6,254 dwelling units, 5.19
million sf of office space, 1.15 million sf of retail space and 2.43
million sf of other space (community facility, academic, hotel, court,
etc.), include the anticipated development resulting from the Downtown
Brooklyn Development project, Brooklyn Bridge Park, Pier 12, the new
IKEA store in Red Hook, the Atlantic Center development, and the new
Federal Courthouse and the Marriott Hotel expansion in Downtown
Brooklyn. Three developments (a charter school on Waverly Avenue,
residential development at 306-313 Gold Street, and the Fairway market
in Red Hook) totaling 517 D.U. and 310,000 sf of office, retail and
other space have been added to the transportation analyses in the FEIS
in response to recent information and agency and public comments on
the DEIS. Much of the additional development cited in the comments
can be attributed to projects that (1) were completed prior to Fall 2005
and are therefore already reflected in the EIS 2006 traffic baseline
condition; (2) fall below minimum threshold densities for inclusion as
discrete No Build sites; (3) are distant from the Atlantic Yards project
site (such as the Greenpoint-Williamsburg Rezoning project which
includes sites located up to four miles from the project site); or (4) are
speculative sites.
The Brooklyn Piers 7-12 project would involve the redevelopment of
Piers 7-11 into a mix of maritime, industrial, commercial and retail uses
by 2014, along with a second cruise ship terminal on Pier 10. (Pier 12
was redeveloped into a cruise ship terminal in 2006 and is included as a
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discrete No Build site.) This project is not expected to contribute
materially to traffic in the Atlantic Yards study area during critical peak
hours. In addition, this project=s public scoping process is not complete,
and the program itself has not been finalized. The project is in a
preliminary stage of its environmental review, which will take Atlantic
Yards= projected traffic volumes into account as part of its traffic
analysis. Accordingly, this project was not included as a discrete No
Build site.
Comment 12-2:

Lastly, a 0.5 percent per year background growth rate, consistent with
the CEQR Technical Manual, was applied to the entire Existing baseline
network for the 2006 through 2010 and 2006 through 2016 periods to
account for travel demand from smaller developments, as-of-right
developments not reflected in the list of discrete No Build sites, and
general background growth. Further information is provided in
Appendix C to the FEIS. Plans to ensure the adequate traffic flow and
safe pedestrian circulation should be implemented before new
development adds excess demands. Additional steps to address traffic
and pedestrian circulation should be systemic, creative, and utilize stateof-the-art approaches. (37)

Response 12-2:

The proposed project incorporates a number of operational changes to
the study area street system to facilitate traffic and pedestrian flow, and
the proposed traffic mitigation plan includes a broad range of additional
physical roadway improvements and traffic operational improvements
designed to address the project’s potential impacts on traffic and
pedestrian circulation. These measures would be implemented with
development of the proposed project.

Comment 12-3:

The project does not fully provide any solution for dealing with the
dramatic increase in traffic in an already congested area (in fact, we will
lose streets, including a length of 5th Avenue that is a bus route and
crucial to good traffic flow) between Atlantic and Flatbush Avenues.
(206, 212, 250, 268, 284, 332, 307, 339, 345, 347, 351, 356, 398, 431,
438)
Already Washington Avenue, which is not supposed to have bus or
truck traffic on it, has become a virtual highway with constant use by
buses and trucks. There is an elementary school on Washington Avenue
between Gates and Greene, and the safety of these children and the
intense traffic is an issue. (119)
Plans to ensure the adequate traffic flow and safe pedestrian circulation
should be implemented before new development adds excess demands.

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Additional steps to address traffic and pedestrian circulation should be
systemic, creative, and utilize state-of-the-art approaches. (37)
An additional 20,000 vehicle trips a day in an already congested area is
a terrible idea. (135, 343)
Adding vehicle trips from the project to an already congested area will
overwhelm the area with traffic. (477, 487, 489, 490, 493, 495, 539,
547, 563, 571, 577, 543)
Crossing Flatbush is difficult as the amount of traffic in both directions
is heavy. Because of the high volume of traffic, cars often get stuck in
the middle of the intersection causing gridlock and making it dangerous
for pedestrians to cross even when they have the right of way. The
situation is similar crossing Atlantic Avenue. With the proposed project
this can only get worse. Demapping 5th Avenue between Atlantic and
Pacific will force cars to make a left turn onto Flatbush, then an
additional left turn onto Atlantic one block later when these two streets
intersect. This will add a dangerous volume of cars, trucks, and buses to
these streets. (236)
The DEIS includes only limited street modifications in the project,
including widening Flatbush and Atlantic Avenues, restriping Atlantic
Avenue between Flatbush and 6th Avenues, widening 6th Avenue
between Atlantic and Flatbush Avenues to provide two-way circulation,
and widening Pacific Street between 6th and Carlton Avenues to
provide for two-way circulation. (470)
I am concerned about the impact on the already congested traffic at the
intersections along Flatbush, Atlantic, Fulton and Lafayette Street.
These intersections and the traffic on the adjacent streets is terrible for
anyone crossing the street. (487)
Response 12-3:

The DEIS acknowledges that there would be unmitigated traffic impacts
from the proposed project, including along the corridors referenced in
the comment. However, the proposed project incorporates a number of
operational changes to the study area street system to facilitate traffic
and pedestrian flow, including street closures, changes in street
direction, and the widening of sidewalks. For example, 6th Avenue
would be converted to two-way operation between Atlantic and
Flatbush Avenues to facilitate traffic flow around the project site and to
provide an alternate route for traffic diverted from the closure of 5th
Avenue between Flatbush and Atlantic Avenues. A left turn prohibition
on northbound Flatbush Avenue at Atlantic Avenue would be modified
to permit left turns by buses in order to accommodate the diversion of
the B63 bus from the closed section of 5th Avenue. In addition, the
project’s proposed traffic mitigation plan includes a broad range of

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additional physical roadway improvements and traffic operational
improvements designed to address the project’s potential significant
impacts on traffic and pedestrian circulation. These include a major
reconfiguration of the Atlantic Avenue/Flatbush Avenue/4th Avenue
intersection, and geometric improvements at the intersection of Atlantic
and Vanderbilt Avenues. These measures would be implemented
concurrently with development of the proposed project. The proposed
project is not expected to add appreciable numbers of auto trips to
Washington Avenue north of Atlantic Avenue. Fewer than 45 additional
auto trips (and no bus or truck trips) would be added in any peak hour
(less than one car per minute). Consistent with CEQR Technical Manual
methodology, the traffic analysis in the DEIS analyzed 7 peak hours to
assess reasonable worst-case traffic conditions resulting from the
proposed project and was not based on total vehicle trips per day since
that figure is not appropriate for assessing worst-case conditions.
Comment 12-4:

I live in Park Slope, on St. Mark’s Avenue between 5th and 6th
Avenues. Currently, we have a traffic problem, particularly with small
and large trucks moving at high speed up the block to Flatbush. Quite
often they get blocked by double-parked cars, creating a wall of a traffic
jam. Other times, they rush to make the very long light at 6th Avenue,
and set off car alarms with their heavy rumbles as they pass. What
measures are you taking to divert extra traffic from this street? (492)

Response 12-4:

The proposed project is expected to add from 22 to 164 peak hour auto
trips (and no truck trips) on St. Mark’s Place between 5th and 6th
Avenues, with the highest numbers occurring in the weekday and
Saturday pre-game peak hours. However, as demonstrated by the
analyses in Chapter 19 of the DEIS, with implementation of the
proposed project’s traffic mitigation plan, there would be no
unmitigated significant traffic impacts along St. Mark’s Place at any
analyzed intersection in any peak hour, including the intersections at 5th
and 6th Avenues.

Comment 12-5:

An increase in traffic on Atlantic Avenue is a truly frightening prospect.
The fact that some of the increased traffic will be related to sporting
events attended by people who tend to drink too much and who do not
live in the community heightens this fear. (206, 448)

Response 12-5:

The DEIS analyzes the effects of traffic increases on Atlantic Avenue
resulting from the proposed arena. Drunk driving is illegal and is
expected to be enforced appropriately by the NYPD.

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Comment 12-6:

The development will lead to overcrowding in the Atlantic and Flatbush
area and continual traffic nightmares. (31, 265, 350, 422, 465, 469, 482,
492, 497, 502, 519, 548, 553, 557, 562, 570, 575, 580)
Traffic coming to the Atlantic Avenue, Flatbush Avenue, and 4th
Avenue intersection will be a nightmare. (102, 145, 147, 179, 219, 238,
241, 243, 363, 406, 427, 437, 443, 450, 461, 541)
The intersection of Atlantic and Flatbush Avenues is already hard to get
to, without the addition of the project. (152, 195, 204, 324, 380, 406,
439, 519, 530)
As a result of this development, 25,000 more cars are expected in the
intersection of Atlantic and Flatbush each day. (247, 248, 365)
The suggested mitigations at the intersection of Atlantic and Flatbush
Avenues are wholly inadequate (e.g., high visibility crosswalks) to
address the serious vulnerability of pedestrians at this intersection. We
recommend a comprehensive range of solutions, including, but not
limited to a raised central meridian on Atlantic Avenue, an underpass
connecting the north and south sides of Flatbush Avenue with access to
the subway and LIRR, and a pedestrian bridge over Atlantic Avenue at
the eastern edge of the arena. (108)

Response 12-6:

As discussed in the DEIS, the proposed project would result in
significant adverse traffic impacts at the intersection of Atlantic and
Flatbush Avenues. As described in detail in Chapter 19 of the DEIS, the
proposed project’s traffic mitigation plan includes a major
reconfiguration of the Atlantic Avenue/Flatbush Avenue/4th Avenue
intersection to eliminate a northbound “triangular constraint” that
severely limits the individual capacities of each of the three major
arterials. The effectiveness of this proposed reconfiguration is
demonstrated in the results of the level of service analyses provided in
Appendix C and summarized in Chapter 19. However, as indicated in
the chapter, some significant adverse traffic impacts would remain.
A range of pedestrian improvement measures have also been proposed
at the Atlantic Avenue/Flatbush Avenue/4th Avenue intersection to
accommodate increased pedestrian flows. In addition to wider
sidewalks, high visibility crosswalks and improved lighting, pedestrian
improvements proposed for this intersection include implementation of
an all-pedestrian phase at Flatbush Avenue/4th Avenue, substantial
expansion of the pedestrian space at Times Plaza to accommodate
increased pedestrian volumes, and construction of a major new on-site
entrance to the Atlantic Avenue/Pacific Street subway station complex
at the southeast corner of Atlantic and Flatbush Avenues. This new
entrance would eliminate the need for subway passengers using this

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complex to cross Atlantic Avenue en route to and from the project site
and neighborhoods to the south. Implementation of raised medians on
Atlantic Avenue at Flatbush Avenue was not considered practicable due
to geometric constraints and the need to provide sufficient capacity to
accommodate the heavy traffic flows through this intersection. (The
proposed traffic mitigation plan does, however, include an expanded
median and pedestrian refuge on Atlantic Avenue at Vanderbilt
Avenue, which would be accommodated through the proposed
elimination of the eastbound left-turn lane.) The construction of a
pedestrian overpass on Atlantic Avenue at Carlton Avenue (at the east
side of the arena) is not proposed given that this intersection has not
been identified as a high pedestrian accident location, that peak 15minute volumes on the crosswalks would number fewer than 60 in any
analyzed peak hour in 2016, and that the crosswalks on Atlantic Avenue
would operate at LOS A during these periods. New high visibility
crosswalk striping would be installed at this location to enhance
pedestrian safety. Lastly, a serviceable pedestrian underpass beneath
Flatbush Avenue is considered to be impracticable given the number of
subway lines under the street, requiring an underpass to be below the
subway lines.
Comment 12-7:

There is concern about the likelihood of spillback traffic at the major
intersections along Flatbush and Atlantic Avenues. The skewed
geometry results in short stacking lanes on Livingston, Pacific, and
Dean Streets where they intersect with Flatbush Avenue. (24)

Response 12-7:

The concerns of the commentor were considered in the traffic analysis
presented in the DEIS and FEIS. A review of the mitigation plan
described in Chapter 19, “Mitigation,” shows a major emphasis on
physical and operational improvements to the key study area streets,
especially the arterials. It is proposed to reconfigure the critical
intersection of Atlantic Avenue/Flatbush Avenue/4th Avenue to
eliminate the recurring spill-back at that location. Flatbush Avenue
northbound is being widened to provide a new curb lane, freeing up all
three (instead of two) lanes for traffic flow between Dean Street and
Atlantic Avenue. However, as also presented in the mitigation analysis
in Chapter 19, “Mitigation,” there would continue to be game-day
congestion and unmitigated impacts in the study area. These congested
conditions would be concentrated in the weekday peak hours, and some
spill-back to adjacent intersections can be expected, mainly along
portions of Atlantic Avenue, as well as on other roadways including
Vanderbilt Avenue and Flatbush Avenue. On non-game days (85
percent of all weekday days), the physical changes outlined above
would measurably improve traffic flow on these key arterials versus

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conditions without the proposed project. Additional discussion of the
effects of spill-back and related traffic congestion is included in Chapter
19, “Mitigation,” of the FEIS.
Comment 12-8:

The number of traffic lanes on Atlantic Avenue going to and from the
arena should be increased during game days. (23)

Response 12-8:

As discussed in Chapter 12 of the DEIS, with implementation of the
proposed project, Atlantic Avenue would be reconfigured adjacent to
the project site to increase the number of eastbound travel lanes from
two to three between Flatbush Avenue and Ft. Greene Place,
eliminating a major constraint point. To accommodate the additional
lane, sidewalks along the south side of the avenue would be set back,
and the double parking lane along the north curb adjacent to the Atlantic
Center mall would be reduced in width from 21 feet to 10 feet. With this
reconfiguration, Atlantic Avenue would operate with a minimum of
three travel lanes plus a parking lane in each direction at all times from
Flatbush Avenue to Vanderbilt Avenue.

Comment 12-9:

Vanderbilt has become a bottleneck during much of the day as vehicles
try to gain access to Atlantic Avenue or try to move to Prospect Heights
or Park Slope. (119)
I don’t believe the traffic issues have been adequately addressed and
mitigated. It is already a slow car ride to travel down Vanderbilt
Avenue. I believe that truck and vehicular traffic will also greatly
increase on Clinton Avenue. (575)

Response 12-9:

The proposed project’s traffic mitigation plan includes geometric and
operational improvements to the intersection of Atlantic and Vanderbilt
Avenues to reduce the delays and congestion at this location resulting
from the proposed project, including measures that were added
subsequent to issuance of the DEIS. This is discussed in detail in
Chapter 19 of the FEIS. However, even with these measures, there
would continue to be unmitigated significant adverse impacts at
intersections along the Vanderbilt Avenue corridor. The proposed
project is not expected to add appreciable amounts of new traffic to
Clinton Avenue.

Comment 12-10:

The short block of 5th Avenue between Flatbush and Atlantic Avenues
serves as an invaluable detour from the intersection of Flatbush and
Atlantic Avenues. It would be a grievous error to close it. (402, 457)
The DEIS describes the closure of 5th Avenue between Flatbush and
Atlantic Avenues but fails to present any mitigation for this closure.
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How will this affect access to the Pathmark grocery store on Ft. Greene
Place for traffic approaching from the south? How will this affect local
traffic from Park Slope to Fort Greene that currently uses this route to
travel between adjacent neighborhoods? (108)
Streets should not be demapped. Creative use of pedestrian and/or
vehicular walkways and skyways should be incentivized. (37)
To substantiate the claim that eliminated roadways will enhance safety,
the EIS should provide data to corroborate this claim. Demapped streets
will lead to more congestion, will significantly increase traffic around
the project site and thereby increase the number of automobile-related
accidents. (24, 299)
Instead of closing streets, the project should follow the CEQR Technical
Manual, which states, “The first option considered should be to reroute
the traffic that is causing the significant impact.” Auto, truck, and bus
traffic must follow established routes that don’t disrupt the project’s
neighbors. Unnecessary street closures must be rethought. (48, 260,
460, 461)
The closing of Pacific Street will block or impede access to buildings
with frontage on Pacific Street, which includes a 107 car public parking
garage. (281, 461)
The DEIS has failed to account for the traffic that will be diverted as a
result of the proposed street closings and has minimized the impacts of
disruption of the existing network. (24, 571, 577)
Demapping will decapitate the transformation of 5th Avenue. (166, 368)
Building over 5th Avenue between Atlantic and Flatbush will make
pedestrian and automotive traffic much heavier and more circuitous.
The Fort Greene Place to 5th Avenue is especially useful and heavily
trafficked. (231)
Response 12-10:

November 2006

The permanent closure of 5th Avenue between Flatbush and Atlantic
Avenues, and Pacific Street from Flatbush Avenue to 6th Avenue is
necessary to accommodate the footprint of the proposed arena, as well
as the proposed new subway entrance on Block 1118. The segment of
Pacific Street between Carlton and Vanderbilt Avenues would be closed
to accommodate development and open space on blocks 1121 and 1129.
The use of pedestrian or vehicular overpasses would not offer a viable
alternative to these closures. As discussed in the DEIS, the closures of
these street segments would reduce the number of pedestrian crossing
locations and the number of vehicle turning movements in the vicinity
of the project site, thereby reducing the potential for vehicle/pedestrian
conflicts at some locations. At other locations, however, it is

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acknowledged in the DEIS that the proposed project would result in an
increase in vehicle and pedestrian trips and therefore an increased
potential for conflicts. The traffic analyses in the DEIS account for the
traffic that would be diverted as a result of these closures, and the
proposed project and its traffic mitigation plan include a range of design
elements and physical and operational measures to improve traffic and
pedestrian flow and enhance safety.
As also discussed in Chapter 12 of the DEIS, 6th Avenue would be
converted to two-way operation between Atlantic and Flatbush
Avenues, in part to provide an alternate route for traffic diverted as a
result of the closure of 5th Avenue (including traffic en route between
Park Slope and Ft. Greene). In addition, a new left-turn lane and leading
left-turn phase are proposed for eastbound Atlantic Avenue at Ft.
Greene Place under the project’s traffic mitigation plan to accommodate
diverted traffic. The conversion of 6th Avenue, along with the
conversion of Carlton Avenue to two-way operation between Atlantic
Avenue and Pacific Street, would provide for alternate access to land
uses along the block of Pacific Street between Sixth and Carlton
Avenues.
Comment 12-11:

A high accident rate is recorded along Atlantic Avenue through the
document, but there is no reason given for it. For these reasons the
intersection at Atlantic and Vanderbilt is going to get worse, yet it is not
addressed. (26, 402)

Response 12-11:

As discussed in the DEIS, factors likely contributing to the relatively
high number of accidents at the intersection of Atlantic and Vanderbilt
Avenues are the skewed geometry of the intersection, the number of
permitted turning movements and the presence of curb cuts for an
automotive service station at the southwest corner leading to potential
conflicts with entering and exiting vehicles. As further discussed in the
DEIS, the development of the proposed project would displace the
existing service station and eliminate the curb cuts in proximity to the
intersection. Also proposed in the DEIS is the installation of new high
visibility crosswalks and better lighting to enhance pedestrian safety. As
discussed in the FEIS, additional mitigation measures to enhance
vehicle and pedestrian flow and safety are being proposed, including the
elimination of the eastbound left-turn from Atlantic Avenue to
Vanderbilt Avenue, widening the median on the eastbound Atlantic
Avenue approach to provide a pedestrian refuge, and the realignment of
the traffic lanes on the northbound Vanderbilt Avenue approach to
better align the northbound and southbound legs of the intersection. It
should also be noted that NYCDOT, based on data presented in the
DEIS, recently reduced the number of turning movements at this
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intersection by prohibiting the southbound left-turn movement from
Vanderbilt Avenue to Atlantic Avenue, improving pedestrian safety at
this location. The traffic analyses in the FEIS have been updated to
reflect this change.
Comment 12-12:

Standard HCS worksheets are not included in any appendix so no one
can check the assumptions made for LOS estimates, and the accuracy of
the reported LOS. (54)

Response 12-12:

HCS worksheets are typically not included as part of an EIS appendix.
All HCS worksheets were submitted to NYCDOT and reviewed by the
agency for accuracy.

Comment 12-13:

The volume diagrams for the Build condition provide no differentiation
of the added trips due to Atlantic Yards from the diversion of all other
traffic due to street closings or changes in travel direction. The DEIS
must provide volume diagrams showing the effects of street closures on
No Build trips. (54)

Response 12-13:

The DEIS fully described the impacts that would occur to traffic as a
result of the proposed project. Spreadsheets showing both added trips
due to the proposed project and the diversions of No Build traffic as a
result of proposed street closures and changes in street direction have
been incorporated into Appendix C for the FEIS.

Comment 12-14:

The 2001 Downtown Brooklyn Traffic Calming Project (Ove Arup &
Partners) recommends reducing peak-hour through traffic by improving
traffic operations on Atlantic Avenue and slowing traffic on parallel
living streets such as Pacific, Dean, and Bergen Streets. It also
recommends facilitating pedestrian crossings, and improving the street
environment for pedestrians, bicyclists, businesses, and residents on
streets such as DeKalb Avenue, Fulton Street, and Lafayette Avenue. It
is doubtful that these measures will ever be carried out and the traffic in
Downtown Brooklyn will be a nightmare. (147)
It does not seem that any of the recommendations outlined in the
Downtown Brooklyn Traffic Calming Project have been implemented.
(31, 324)
The DEIS ignores all the recommendations of the Downtown Brooklyn
Traffic Calming Project on the specious grounds that NYCDOT has not
issued concrete implementation plans. In fact, it was in coordination
with the more detailed analyses of the complex 4th/Atlantic/Flatbush
Avenue intersection and the approaches that the traffic calming
recommendations were expected to be investigated further. (54)

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The Downtown Brooklyn Traffic Calming Project (DBTCP), conducted
by NYCDOT with the assistance of the DBTCP Task Force in response
to community needs, was developed to protect residential areas adjacent
to the civic and commercial core of Downtown Brooklyn from the
effects of increased traffic. NYCDOT is implementing the DBTCP
results. The DEIS states that “no specific measures have been identified
for implementation within the study area at this time.” In fact, the
NYCDOT website includes a listing of such improvements. As the City
is committed to implementing the DBTCP by 2009, the effects of these
improvements on the performance of the traffic network should be
incorporated as part of the FEIS analyses for both (2010 and 2016)
build years. (12)
NYCDOT should implement traffic calming measures within a onemile radius of the intersection of 4th, Flatbush and Atlantic Avenues, as
one measure to deal with the increased vehicular traffic that will result
from the redevelopment. The increased surface traffic from Atlantic
Yards would have an adverse effect on the limited amount of traffic
calming that has been achieved in Downtown Brooklyn. (470)
Response 12-14:

Recommendations from NYCDOT’s Downtown Brooklyn Traffic
Calming Project are subject to further detailed evaluation, analysis of
impacts, and community review. In 2001, a pilot program was
implemented to evaluate various candidate traffic calming measures.
Measures implemented within the study area (and included in the
baseline conditions) included the widening of the median refuges on
Tillary Street at Adams Street to reduce north-south crosswalk distance;
and the introduction of a pedestrian refuge (subsequently removed in
summer 2002) and a new left-turn lane on Atlantic Avenue at Bond
Street, along with curb extensions on Bond Street at Atlantic Avenue. In
addition, in November 2003, DOT converted Smith Street from twoway to one-way northbound operation between Atlantic Avenue and
Schermerhorn Street. As discussed in the DEIS, with the exception of
the conversion of Smith Street from two-way to one-way northbound
operation, recommendations from the DBTCP were not incorporated
into the traffic analyses as no other specific measures have been
identified by NYCDOT for implementation at this time. The proposed
project’s traffic analyses and traffic mitigation plan, including the
assumptions regarding the future implementation of traffic calming
measures and the proposed reconfiguration of the Atlantic
Avenue/Flatbush Avenue/4th Avenue intersection, were developed in
consultation with, and reviewed by, NYCDOT.

Comment 12-15:

The DEIS does not appear to recognize that all travelers to the arena
will not be coming from Manhattan by train, despite the incentives
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being offered. Those who will be driving in from Queens, Nassau, and
Suffolk will more than likely turn off at Washington Avenue and/or
Vanderbilt Avenue, rather than tackle the congestion at the Flatbush
intersection. Adverse impacts on these and other areas east of the
project have not been studied. (24)
The inconveniences involved in traveling to the project and arena will
encourage people to take cars or cabs. (504)
Everyone will drive to the basketball game. (523)
Response 12-15:

As discussed in the DEIS, the modal split assumptions for the proposed
arena reflect the anticipated origin/destination distribution of arena
spectators and the excellent accessibility by transit of the proposed
arena site and were developed in consultation with NYCDOT and MTA
NYCT. The assumptions were developed from trip origin and modal
split data for Madison Square Garden, along with data specific to
Downtown Brooklyn, and estimate that from 30 to 35 percent of arena
trips would travel by the auto and taxi modes, even with the proposed
transit incentives and other demand management strategies. The
assignment of project generated arena traffic does assume that some
trips would utilize Vanderbilt and Washington Avenues en route to and
from on-site and off-site parking facilities. Intersections to the east of
the project site along Vanderbilt and Washington Avenues were
included in the DEIS analyses.

Comment 12-16:

The DEIS shows the substantial increases in traffic that the proposed
project will bring to Vanderbilt Avenue and Flatbush Avenue at the
intersections of DeKalb and Myrtle Avenues, at virtually all times of the
day, but it fails to consider the increased traffic on DeKalb or Myrtle
Avenues themselves. (70)
We're concerned about increased traffic on the perimeter streets of
DeKalb and Myrtle Avenues. Commuters seeking to avoid the
bottlenecks of Atlantic and Flatbush Avenues already use these arteries,
and the usage will increase in proportion to increases in traffic on
Vanderbilt, Flatbush, and Atlantic Avenues. (70)
The streets which parallel Atlantic Avenue (Fulton, Gates, Greene,
Lafayette, DeKalb, and Myrtle) are already experiencing the overflow
as Atlantic Avenue has become so congested that vehicles cannot move
at an acceptable speed during extended rush hours. (119)

Response 12-16:

November 2006

The proposed project is not expected to add an appreciable number of
new vehicle trips along Myrtle Avenue, DeKalb Avenue, or Greene
Avenue. Project-generated trips along Gates Avenue and Lafayette
Avenue would total fewer than one car per minute in any peak hour.
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New peak hour trips along Fulton Street would total 102 or fewer, with
the highest numbers of peak hour trips occurring in the weekday 10-11
PM and Saturday 4-5 PM post-game peak hours (and not during the AM
and PM commuter peak hours). Overall, as demonstrated by the
analyses in Chapter 19 of the DEIS, there would be no unmitigated
traffic impacts at analyzed intersections along any of these corridors
with implementation of the proposed project and its traffic mitigation
plan.
Comment 12-17:

On game and event nights there should be traffic officers located at
intersections at or near the arena. (13)

Response 12-17:

As discussed in Chapter 19 of the DEIS, on days when a basketball
game or other major event is scheduled at the arena, police and traffic
control officers would be deployed at key intersections in the vicinity of
the arena during the pre-game and post-game periods, as currently done
at other major event venues in the City.

Comment 12-18:

Page 12-4 mentions deployment of police and traffic control officers at
key intersections. Is this a financial commitment from the project
sponsors to mitigate these impacts by paying for NYCDOT and NYPD
staff time and materials? If not, these impacts would not be mitigated
and impacts remain attributable to project-generated conditions. (24, 95)
The use of publicly paid employees should not be included in the EIS as
a method to reduce accidents. Instead, the project should address the
source of the unsafe streets: an arena in an already congested part of
Brooklyn. (24, 299)
The DEIS states that the project sponsor is committed to working with
DOT and NYPD to ensure that needed resources are available to place
police and traffic control officers at key intersections when major events
are scheduled for the arena. The EIS should provide an explanation of
what this means. We would expect the developer to be responsible for
the expense of these resources. (108)
There should be a police presence during most hours to direct traffic,
thereby increasing public safety as well as keeping traffic moving
through the area. (470)
Particularly at peak periods, such as just before or after an event at the
arena, what temporary or permanent traffic control measures will be
implemented to accommodate vehicular traffic? (483)

Response 12-18:

It is anticipated that on days when a basketball game or other major
event is scheduled at the arena, police or traffic control officers would
be deployed at key locations to maintain traffic flow and minimize
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conflicts between vehicles and pedestrians, as is standard practice at
many major event venues in the City. The project sponsor is committed
to working with DOT and NYPD to ensure that needed resources are
available for this purpose. Deployment of police resources during other
periods would be at the discretion of NYPD. While the deployment of
police or traffic control officers on game days is acknowledged in the
EIS, no credit is taken in the traffic mitigation analyses for the effects
on traffic flow of the anticipated presence of NYPD or traffic control
officers at key intersections.
Comment 12-19:

The DEIS fails to study critical traffic access points, including the East
River crossings and the Brooklyn-Queens Expressway. (102, 108, 324)
The study area should include the Brooklyn Queens Expressway and its
five interchanges to which is assigned approximately 30 percent of
project trips. (54, 452)
The DEIS does not mention the effects of traffic flow on major
roadways (BQE, Belt Parkway, Prospect Expressway, Gowanus
Expressway). (48, 108, 168, 324, 325, 345, 350, 357, 575)
The DEIS didn’t analyze 4th Avenue or the BQE, which is the same as
saying the blood clot in someone’s chest won’t affect their arms or legs.
The BQE is a main artery that goes around Brooklyn, and 4th Avenue is
one of the key veins to connect Flatbush. The DEIS has assumed that
every street is an island unto itself without any impact on others. (312)
The DEIS only analyzes traffic on 4th Avenue as far as Union Street.
As a minor example now, if there is any backup on 4th Avenue caused
by deliveries to businesses on 4th Avenue, it will take 7 minutes to
drive four blocks. This area cannot handle the additional traffic in either
peak or non-peak hours that will occur with the projected increase in
population and traffic. (406)
The traffic study area doesn’t include most of Park slope (Union Street
is the southern cut off to the study area). And because Ocean Parkway is
not included, there is no analysis of the impact on Park Slope of traffic
coming from the southern neighborhoods of Brooklyn. (108)
The BQE is the main route for traffic to move into Clinton Hill from the
north and south. The Kent Avenue entrance/exit is a complete
bottleneck during most of the day as trucks fill the entrance and
surrounding streets trying to gain access. (119)
The DEIS does not include any of the major highways, parkways, or
expressways which would be affected by the increased traffic of the
residents or arena attendees. (160)

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Considering that most of the analyzed intersections were located within
a half mile of the project site, what adverse traffic and congestion
impacts will the project have on Manhattan? (24, 299, 324)
The business plan for the Nets arena includes 20 percent of game goers
traveling by car from New Jersey. Yet the DEIS did not even assess the
impact of Atlantic Yards on Manhattan Bridge or the BQE. (350, 451,
524)
The DEIS fails to study intersections running north and south on
Clermont Avenue. (53)
The traffic study did not take into account a broad enough area.
Flatbush Avenue traffic extends all the way to the Bowery in
Manhattan. (474)
The scope of the traffic studies is not wide enough. Traffic will
adversely impact intersections in a radius much larger than the one use
in the EIS. I am concerned about traffic along 4th Avenue all the way
down to the Verrazano. A tunnel option should be considered along this
route. In addition, the BQE/Gowanus mess should be widened. (569)
Response 12-19:

The traffic study area extends upwards of 1.2 miles from the project site
and encompasses a total of 93 intersections along corridors expected to
be used by concentrations of traffic en route to and from the proposed
project. Given the numerous corridors providing access to the project
site, including Atlantic, Flatbush, Carlton, Vanderbilt, Washington, 3rd,
4th, 5th, and 6th Avenues, project-generated traffic is expected to be
dispersed to the north, south, east, and west, and is expected to become
rapidly less concentrated with increasing distance from the project site.
For these reasons it is expected that there would not be significant
impacts on the regional access corridors. The traffic impact analysis
therefore focuses on locations where new traffic is expected to be most
concentrated, and does not include more distant locations such as
Manhattan, and along Ocean Parkway, or regional access corridors such
as the BQE, Brooklyn-Battery Tunnel, Belt Parkway, Prospect
Expressway, or Gowanus Expressway. Union Street was identified in
consultation with NYCDOT as the southern boundary of the study area,
given the anticipated dispersion of traffic with distance from the project
site. The analysis does, however, assess conditions at intersections
along corridors connecting regional access routes and the project site.
These include seven intersections along 4th Avenue, intersections along
Carlton and Vanderbilt Avenues as far north as Park Avenue which
would provide access to the BQE, and all intersections along Flatbush
Avenue Extension as far north as Tillary Street. A tunnel option for
traffic en route along 4th Avenue between the Verrazano Narrows
Bridge and the project site is not considered warranted based on the
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proposed project’s impacts along this corridor, and would likely be
impractical given the presence of an existing subway line beneath 4th
Avenue. The analysis of existing and future traffic conditions at study
area intersections used methodologies recommended in the CEQR
Technical Manual, and were reviewed by NYCDOT. A discussion of
the potential for queuing and spill-back along major corridors was
included as part of the traffic analyses in the DEIS and further discussed
in the FEIS.
Chapter 12 of the DEIS includes a screening analysis of the potential for
impacts on the Brooklyn and Manhattan Bridges. Based on the results
of the analysis, no significant impacts to traffic flow on the two bridges
are anticipated to result from the proposed project, although some future
queuing would likely occur (as is presently the case) due to congestion
at the metering intersections during peak periods, such as Flatbush
Avenue and Tillary Street, and Adams and Tillary Streets.
Comment 12-20:

The study area designated in the DEIS does not consider some of the
recommendations previously made by the Borough President. In order
to accurately assess the proposed project’s traffic mitigations, the
Borough President recommends the NYCDOT analyze all the
intersections in the DEIS and the additional intersections listed below
six months after the completion of Phase 1I:
Cadman Plaza West / Tillary Street
Jay Street/Tillary Street
Jay Street/Joralemon Street
Jay Street/Schermerhorn Street
Pacific Street/Hoyt Street
Pacific Street/ Nevins Street
Lafayette Street/Fulton Street
Plaza Street/Vanderbilt Avenue
Lafayette Street/Vanderbilt Avenue
Park Avenue/Washington Avenue
Myrtle Avenue/Washington Avenue
DeKalb Avenue/Washington Avenue
Fulton Street/Washington Avenue
There are streets outside the study area that link communities to the
study area that will be affected by the project. The Borough President

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also suggests the NYCDOT analyze the following streets within
Community Boards 2, 6 and 8 six months after the completion of Phase
II.
Court Street

Classon Avenue

Smith Street

Park Avenue

Third Avenue

Myrtle Avenue

Fourth Avenue

DeKalb Avenue

Prospect Park West

Lafayette Avenue

Flushing Avenue

Eastern Parkway

Vanderbilt Avenue

Bedford Avenue

Washington Avenue

Nostrand Avenue (12)

Response 12-20:

During the first year of arena operations, the project sponsors would be
responsible for undertaking a program to monitor and advise NYCDOT
of traffic conditions at the locations identified in the FEIS as having
unmitigated significant traffic impacts. A similar monitoring program
would be undertaken after full build out of the proposed project.

Comment 12-21:

Page 12-5 states that: "On weekdays, for example, it is anticipated that a
Nets basketball game or other event at the arena would typically start at
7:30 PM or 8 PM. A seven to 8 PM peak hour was therefore selected for
the analysis of a weekday pre-game condition as it is with during this
period that residual commuter demand and peak demand en route to the
basketball game or other event at the arena would most likely overlap."
This is just plain nonsense. East Coast NBA games start at 7:30 PM.
unless they're on national TV, and such games represent a small fraction
of the total. So 6 PM to 7 PM, or 6:30 to 7:30 PM should have been
studied for peak demand. This is an enormous flaw in the DEIS since
failure to address what may truly be the peak traffic period for transit
demand very likely significantly underestimates the impact of the
project in so many areas. (102)
The DEIS ignores the second part of rush hour from 6 PM to 7 PM. The
projected 40 percent of arena attendees arriving by car, that’s 2,400, will
not show up in the 7 to 8 PM hour for a 7:30 PM tip off. (37, 574)
The appropriate pre-game peak hour should be 6:30 PM to 7:30 PM,
which would better account for arena-generated trips. (95)
The proposed arena would increase traffic congestion throughout the
central Brooklyn District. While in the DEIS traffic is analyzed between

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5 PM to 6 PM, as well as 7 PM to 8 PM for a 7.30 PM Nets game, it
wholly ignores the prime commuting time of 6 PM to 7 PM. (160)
The DEIS fails to measure the time period that would likely generate
the greatest amount of traffic demand. (102, 347)
The DEIS states that traffic impacts would be at their worst during the
peak hours of 7 AM to 8 AM and 5 PM to 6 PM during the week, and
for one hour pre- and post-game on game nights and Saturdays.
Everyone knows that rush hour does not last one hour—it lasts two or
three at a minimum. Pre- and post-game congestion does not last for an
hour—it lasts an hour and a half or more. (48)
The assertion that residents commute home between 5 PM and 6 PM is
absurd. The regular commuter crush lasts from 5 PM to 8 PM and
sometimes beyond. (312)
Response 12-21:

As discussed in Chapter 12 of the DEIS, a total of seven peak hours are
analyzed for potential traffic impacts, including the weekday 8-9 AM,
12-1 PM (midday), 5-6 PM, 7-8 PM (pre-game), 10-11 PM (postgame), Saturday 1-2 PM (pre-game) and Saturday 4-5 PM (post-game)
periods. On weekday evenings, a Nets basketball game would typically
start around 7:30 PM or 8:00 PM, and would, therefore, not coincide
with the 5-6 PM peak hour for commuter trips. The EIS traffic analysis
therefore examines both the weekday 5-6 PM peak hour, and a 7-8 PM
pre-game peak hour. The traffic analyses in the DEIS were appropriate
even if all weekday Nets games were scheduled for 7:30 PM. The 7-8
PM peak hour was selected for the analysis of the weekday pre-game
condition as it is during this period that residual commuter demand and
peak demand en route to a basketball game or other event at the arena
would most likely overlap. For example, survey data from Madison
Square Garden reported in the August 26, 2003 Madison Square
Garden Modal Split Analysis study (Sam Schwartz LLC) indicate that
for a weekday Knicks basketball game with a 7:30 start time,
approximately 71 percent of fans arrive during the 7-8 PM hour, with 42
percent arriving between 7 PM and 7:30 PM, and 29 percent arriving
between 7:30 PM and 8 PM. By contrast, only 19 percent of fans were
found to arrive between 6:30 PM and 7:00 PM. (It should be noted that
for the proposed project’s travel demand forecast, a conservative 75
percent of Nets fans were assumed to arrive at the arena during the 7-8
PM peak hour.) Although the AM and PM commuter peak periods are
spread over more than one hour, traffic impact analyses typically
examine the peak one hour within each period.

Comment 12-22:

The insufficient size of the DEIS study area is brought clearly into focus
on page 12-24 of the traffic study which deals with queuing. What it

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appears to be saying is that traffic within the study area may be so bad
that it will cause gridlock outside the study area thereby occasionally
reducing traffic volume within the vicinity of the project. That is one
reason that the Park Slope Civic Council, and many other groups, called
for a study area much greater than the ½-mile radius analyzed in this
DEIS. (102, 103)
The study area should cover the entirety of three community districts.
(54, 55)
The study area is too small and so excludes much of the affected area.
As a result the entire traffic study is inadequate to assess the impacts of
the proposal. A supplemental study is necessary before approval of the
DEIS. (180)
Significant impacts are not limited to the streets surrounding the arena
but occur as far away as Boerum Place and Atlantic and Flatbush
Avenues and Tillary Street. (24)
The DEIS fails to analyze traffic adequately because of poor
methodology. The intersection studies were too few and too close to the
project sites. In fact, forty intersections within ¼ mile of the project site
were not even looked at. It is not acceptable to plan for an additional
15,000 people and fail to analyze important intersections just two blocks
away from the project, such as Fulton Street and Clinton Avenue. (24,
299)
The traffic on Flatbush Avenue just after the Manhattan Bridge is
already packed and that is despite being six to eight lanes. Also, traffic
is only being accounted for the surrounding area and the BQE. There is
no account for traffic heading in other directions. Traffic congestion
should be taken into account for the Belt Parkway, Prospect
Expressway, Gowanus Expressway, Staten Island Expressway, FDR
Drive, West Side Highway, and the bridges and tunnels that connect
them. (152)
Response 12-22:

The traffic analysis in the DEIS and FEIS was performed in accordance
with CEQR Technical Manual methodologies. The traffic study area
extends up to 1.2 miles from the project site and encompasses a total of
93 intersections along corridors expected to be used by concentrations
of traffic en route to and from the project site. It includes intersections
along Boerum Place and Tillary Street. Given the numerous corridors
providing access to the project site, including Atlantic, Flatbush,
Carlton, Vanderbilt, Washington, 3rd, 4th, 5th, and 6th Avenues,
project-generated traffic is expected to be dispersed to the north, south,
east, and west, and is expected to become rapidly less concentrated with
increasing distance from the project site.

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Table 19-4 in Chapter 19, “Mitigation,” in the FEIS clearly shows the
effect of this dispersion with respect to intersections with unmitigated
impacts along the key Atlantic Avenue and Flatbush Avenue corridors.
As shown in the table, along these corridors, all intersections on the
periphery of the study area except one (Flatbush Avenue and Tillary
Street) were fully mitigated in the weekday peak hours on game days.
Lastly, it should be noted that this traffic study area was reviewed by
DOT during both the DEIS and FEIS process and found to be
acceptable to adequately describe project impacts. Accordingly, it is not
expected that the proposed project would result in gridlock conditions
outside of the study area.
Comment 12-23:

The percentage assignments of No Build trips are not provided and
there is no accounting for any mitigation for the No Build. (54)

Response 12-23:

Vehicle trips generated by individual No Build sites were assigned to
the traffic networks on a site-by-site basis. As discussed in Chapter 12
of the EIS, physical and operational changes (mitigation measures) to
the study area street system as a result of No Build developments have
been incorporated in the 2010 and 2016 No Build traffic networks. New
volume tables that reflect these No Build site trips have been
incorporated into Appendix C for the FEIS.

Comment 12-24:

The DEIS study area excludes a significant portion of the functional
Downtown Brooklyn and the surrounding neighborhoods and arbitrarily
leaves out significant trip generators. (54)
The radius for the traffic transportation and pedestrian analysis must be
increased to at least a two-mile radius so that all the building projects
nearby are included. (26)
The DEIS ignores half the development that’s underway or approved in
the study area. (54, 102, 154)
The DEIS fails to account for development outside the Atlantic Yards
study area that will impact travel through Downtown Brooklyn and
along the BQE. (54)

Response 12-24:

November 2006

In addition to a 0.5 percent per year growth rate to account for smaller
development projects and background growth, the transportation
analyses in the DEIS also reflect the anticipated travel demand from a
total of 33 discrete No Build developments in Brooklyn, comprising
approximately 6,281 dwelling units, 5.19 million sf of office space, 1.14
million sf of retail space and 2.43 million sf of other space (community
facility, academic, hotel, court, etc.). These developments were selected
for inclusion as discrete No Build sites based on their size, anticipated
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completion date and proximity to the project site, and were not limited
to sites within the ¾-mile perimeter of the land use study area reflected
in Table 2-1 in the DEIS. Several developments were included at the
request of NYCDOT which was consulted in developing the list of No
Build sites, and three recent developments not reflected in the DEIS
have been added to the FEIS analyses. The estimates of future travel
demand used for the DEIS transportation analyses therefore reflect not
only a 0.5 percent per year background growth rate, but the demand that
would be generated by development reasonably likely to be developed
in and around Downtown Brooklyn by 2016.
Comment 12-25:

Based on trip origins assumed in the DEIS, approximately 28 percent of
Build trips should have been assigned to the BQE (237 vehicles to or
from the south and 217 to or from the north in the PM peak hour in
2016), with commensurate increases on parallel local streets, e.g., 3rd or
5th Avenues. (54)
While the text discussion of trip assignments suggests a significant
number of vehicles assigned to the BQE, analysis of Figures C-38a and
C-38b displaying traffic volumes show very few vehicles using the
BQE. (54)
A further non-disclosed impact of these omissions is the huge cost
burden on NYSDOT to undertake post facto construction to
accommodate this traffic. (54)

Response 12-25:

The assignment of project-generated traffic to regional access routes
such as the BQE, and to local streets and arterials, was based on
anticipated trip origins, expected destinations at the project site (Site 5,
arena block, residential blocks, off-site parking) and existing travel
patterns. These assignments, reflected in figures included in the
Transportation Planning Assumptions technical memorandum provided
in Appendix C, were developed in consultation with NYCDOT. The
weekday 5-6 PM peak hour project increment traffic volumes shown in
Figures C-38a and C-38b reflect a total of 210 vehicles en route to or
from the BQE via Vanderbilt Avenue, Carlton Avenue, Hanson Place,
and Flatbush Avenue/Tillary Street, and a further 104 vehicles en route
via Atlantic Avenue. A portion of the trips assigned to 4th Avenue are
also assumed to be en route to and from points south via the BQE.
Given the proposed project’s relatively high transit mode share and the
fact that project-generated traffic using the BQE would be distributed
both northbound and southbound and dispersed among four access
points, a need for major capacity improvements to the BQE attributable
to the proposed project is not anticipated. As noted in the DEIS,
NYSDOT is undertaking a long range study to identify potential

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intermediate (15 to 20 years) and long range (20+ years) alternatives for
improvements to the BQE. This study will include demand from the
proposed project as one component in its long-term forecasts of regional
growth.
Comment 12-26:

The traffic impact analysis states that 73 percent of the intersections
studied will be adversely affected by the time the project is completed
in 2016. What about before 2016? Many intersections will surely be
adversely impacted when streets are demapped before construction even
begins. (24, 299)
In a project which the document claims is transit-oriented, the DEIS
acknowledges that 75 percent of the intersections analyzed would be
significantly adversely impacted with over half of those intersections
having unmitigated impacts. (108)

Response 12-26:

Chapter 12 of the DEIS includes a detailed analysis of the proposed
project’s traffic impacts with the opening of the arena and completion
of development of Site 5 and the arena block in 2010. A detailed
analysis of the proposed project’s traffic impacts with the closures of
streets on the project site during construction is provided in Chapter 17
of the DEIS. The DEIS acknowledges that significant adverse impacts
would occur before 2016 and proposes implementation of mitigation
measures prior to that date.
As discussed in the DEIS, the proposed project would be accessible via
a total of seven subway stations served by a dozen subway routes. Ten
of these routes serve the Atlantic Avenue/Pacific Street subway station
complex that is located immediately adjacent to the proposed arena, and
the proposed project would include construction of a major new on-site
subway entrance and other internal circulation improvements at this
complex. In addition, the project site is served by 11 NYCT local bus
routes and the Long Island Rail Road. As a result of this excellent
transit access, the proposed project is expected to have a relatively high
transit mode share (up to 75 percent combined subway/bus mode share
for residential uses, for example). However, as demonstrated by the
traffic analyses in the DEIS, the proposed project would still generate
substantial numbers of vehicle trips. The number of intersections with
unmitigated significant impacts reflects both this fact and the existing
congested conditions in the study area.

Comment 12-27:

November 2006

Increased vehicular traffic on already unbearably congested
intersections in major thoroughfares is due to further exacerbate it
despite feeble measures at mitigating those as described in the DEIS.
This has been proven in the past with the traffic mitigation measures
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implemented that do not work at intersections impacted by Atlantic
Center and Atlantic Terminal Mall. (425)
The recent multi-million dollar, publicly funded traffic improvement
project has done little to alleviate the unbearable congestion occurring
frequently at many points in the day. (180)
Even though the project will cause traffic problems, there are already
traffic problems. (46)
Already the amount of traffic on Flatbush and Atlantic Avenues is
intolerable. Adding the additional traffic from the added residents and
commercial activity would make the area one of the worst congested in
the city. (528)
I am extremely concerned about traffic and crowding once the proposed
project is completed. The added traffic to an area that already has some
of the most congested roadways in the country will be unbearable. (560)
Response 12-27:

Existing congestion in the study area is well documented in the EIS and
has been factored into the analyses of future traffic conditions without
and with the proposed project. The proposed project’s traffic mitigation
plan includes a broad range of physical roadway improvements, demand
management strategies, and traffic operational improvements to reduce
the project’s significant adverse traffic impacts. The project sponsor has
committed to funding and cooperating with NYCDOT in implementing
these measures.

Comment 12-28:

The disruptions from the loading dock entrance slotted for Dean Street,
the displaced cars from the street closures, and the construction interim
parking lots slotted for Blocks 1120, 1121, and 1129 will redirect and
channel more cars onto Dean Street. (461)
Page 12-33 states that the greatest change will occur on Dean Street
between Flatbush and Vanderbilt Avenues. Dean Street isn’t supposed
to be in the footprint of the project. What exactly is planned for Dean
Street? (57)
The eight-berth loading dock entrance for the arena is proposed for
Dean Street, and the DEIS projects “no anticipated on-street queuing of
delivery vehicles.” This seems an extremely optimistic assumption,
particularly considering that Dean Street is already often double-parked
during certain hours of the day. The addition of a massive loading dock
will almost certainly worsen a traffic situation that is already
acknowledged in the DEIS to generate “significant adverse impacts” at
both Dean Street intersections. Not to mention that the loading dock

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will be only a few hundred feet from both the police precinct house and
the fire station. (281, 461)
Response 12-28:

As disclosed in the DEIS, the proposed project would increase traffic
along Dean Street and result in significant adverse impacts at a total of
ten intersections along the corridor. With implementation of the
proposed traffic mitigation plan, unmitigated significant impacts to
Dean Street would remain at six intersections in at least one peak
period, primarily as a result of trips en route to and from proposed
interim and permanent parking facilities at the project site during the
pre-game and post-game peak periods on days when there is a Nets
game at the arena. It should be noted, however, that the proposed offstreet loading dock serving the arena block would be located belowgrade beneath the site (and not on Dean Street itself). Access would be
via a ramp from an entrance on Dean Street, and all truck movements at
this entrance would be head-in and head-out, and back-up movements
would typically be unnecessary. The facility has been designed with
sufficient capacity to accommodate projected peak demand without
queuing on the ramp or at street level.

Comment 12-29:

Two-way tolls should be implemented on the Verrazano-Narrows
Bridge. (23, 470)
Tolling of the East River Bridges should be implemented to ease
congestion. (54, 102, 103, 167, 470)
The replacement of the Gowanus Expressway with a tunnel, the
imposition of tolls on the East River Bridges, and improvements to
street transporation, subway and LIRR service other than what is
identified in the DEIS will be necessary whether or not the Atlantic
Yards redevelopment occurs in its proposed form. The fact that this and
other measures are needed to make this project work make them indirect
costs, attributable to the project, that the developer alone cannot be
expected to bear. A supplementary solution to the construction of the
Gowanus Tunnel is the redirection of New Jersey-bound traffic away
from Flatbush Avenue and the Manhattan Bridge. (470)

Response 12-29:

Implementation of new tolls on the East River Bridges, changes in the
current toll system at the Verrazano-Narrows Bridge, and replacement
of the Gowanus Expressway with a tunnel are beyond the scope of this
project. Any implementation of new tolls would be subject to an
independent environmental review.

Comment 12-30:

People should be encouraged to use the Brooklyn Battery Tunnel by
perhaps introducing a discount rate for these users. (23)

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Response 12-30:

The proposed project’s traffic mitigation plan includes a comprehensive
package of demand management strategies focused on reducing auto
trips in the vicinity of the arena. Introducing a measure that would
reduce the costs associated with travel to the arena by auto could be
counterproductive to this effort.

Comment 12-31:

The 68 congested traffic stops is a quantification of what will be a daily
nightmare for residents. (227, 327)
Weak vague mitigation measures offer little relief in the case of the 68
adversely affected intersections. The tables on pages 12-14 and 12-75
compare congested intersections, defined as saturated conditions, with
queuing. During different times of the day current conditions indicate
that Dean Street is congested at 5th Avenue (scheduled to close) four
times per day and at Carlton once per day. After the project these
figures jump to seven times per day at 5th Avenue and six times per day
at Carlton. (57, 88)

Response 12-31:

As noted in the comment, with completion of the proposed project in
2016, a total of 68 intersections would be significantly adversely
impacted, including intersections along Dean Street. To address these
significant impacts, a traffic mitigation plan that includes a broad range
of physical roadway improvements, demand management strategies,
and traffic operational improvements was developed. With
implementation of this plan, unmitigated impacts would remain in one
or more peak hours at a total of 39 intersections in 2016.

Comment 12-32:

The EIS states that the Dean Street approach to Carlton would be
impacted in all weekdays except from 10-11 PM. So if I want to get off
of my block easily, I will have to always leave at 11 PM to stand a
chance. (57)
There are concerns about traffic on Carlton Avenue because of its
position as a through street and a point-of-entry to the interim surface
parking and Phase II underground parking. (48, 402)
Carlton Avenue, being the only north-south street in the project area,
should not be widened and denuded of its trees (except Pacific to
Atlantic over the bridge) to improve the traffic flow to the project’s
garage. (287)

Response 12-32:

As discussed in Chapter 19 of the DEIS, the proposed project’s traffic
mitigation plan would fully mitigate all weekday peak hour impacts on
the Dean Street approach to Carlton Avenue. Impacts to this approach
would remain during the pre-game and post-game peak hours on a
Saturday.
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Under the proposed project, the bridge carrying Carlton Avenue over
the LIRR rail yard between Atlantic Avenue and Pacific Street would be
reconstructed. The roadway would be widened to 38 feet flanked by 16foot-wide sidewalks, and converted from one-way northbound to twoway operation to facilitate traffic circulation at the project site. The
DEIS disclosed that with the implementation of improvement measures,
all but two impacts along Carlton Avenue would be mitigated.
Widening Carlton Avenue north of Atlantic Avenue or south of Pacific
Street is not proposed and no trees will be removed.
Comment 12-33:

How will people south of the project site drive to Downtown Brooklyn
or Manhattan? (228, 229)

Response 12-33:

Drivers traveling to Manhattan from south of the project site would
continue to use Flatbush Avenue and other north-south corridors to
reach Downtown Brooklyn and Manhattan. The proposed project’s
traffic mitigation plan includes measures to help maintain traffic flow
along these corridors.

Comment 12-34:

ESDC has no equivalent of the NYC CEQR staff to critically review the
transportation element of EISs prepared by consultants it retains.
NYCDOT may review traffic impact and mitigation, but would not be
in a position to assess the planning assumptions that are the basis for
estimating travel patterns. (54)

Response 12-34:

ESDC, in carrying out its role as lead agency, consulted extensively
with appropriate NYCDOT and NYCT staff in the development of all
aspects of the EIS’ transportation analyses. Additionally, ESDC
retained professional transportation consultants to assist the agency in
its analyses. The transportation planning assumptions used for the
traffic, transit and pedestrian analyses were thoroughly reviewed by
staff from both NYCDOT and NYCT. Substantial comments from both
agencies were considered and incorporated where appropriate, and are
summarized in Chapter 12 of the DEIS and detailed in the
Transportation Planning Assumptions memorandum, which was
included in Appendix C of the DEIS.

Comment 12-35:

As a State agency, ESDC should be turning to the NYS Department of
Transportation (NYSDOT), which has specific methodologies for
analyzing traffic impacts and complying with SEQRA and other State
and federal regulations. (54)

Response 12-35:

The NYSDOT does not have jurisdiction over New York City streets
and does not have any actions related to this proposal. Moreover, the

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analysis methodology employed by NYCDOT is more stringent than
that used by NYSDOT.
Comment 12-36:

Using Highway Capacity Software is crude for the heavily congested
study area of the DEIS. HCS assess delay at each intersection in
isolation and allows adding vehicles to a road even if it is already at
capacity. HCS does not account for the resulting spill back from one
intersection to the next. Thus, it underreports the actual severity and
extent of the congestion. These effects are illustrated far more
accurately with simulation models that apply HCM principles to an
entire road network. (54)
The simulation model requested by the community and conducted for
the study was not released. This deprives the public of valuable
information and is indefensible. Studies of isolated intersections do not
reflect what we all know—that in aggregate these delays lead to whole
neighborhoods paralyzed in gridlock. (54, 180)
It is recommended that a traffic model be prepared as part of the FEIS
and for post-approval monitoring. (24)
Traffic congestion is a major concern and one that has not been handled
with the precision and dexterity that we would have preferred. (10, 26,
122, 424, 411)
The DEIS does not propose a traffic plan, nor are there discussions with
civic groups about how to mitigate the problems of traffic and pollution
for the neighborhoods that are outside of the AY study area. The DEIS
seems to represent the narrowest possible environmental impact without
regard to the fact that all of the surrounding neighborhoods share major
traffic arteries. (14)
The fact that traffic was analyzed on an individual intersection basis
does not account for vehicular queuing to upstream intersections. There
are 40 intersections with at least one movement currently operating with
a V/C ratio of 1 and above. The overall roadway network begins to fail
as a system. The DEIS indicates the traffic network is already overtaxed
on Page 12-13. On Page 12-24, the DEIS suggests the limited
effectiveness of an analysis based on individual intersections, but does
not offer to complete a more appropriate network analysis. (95)
Trips are assigned based on “professional judgment;” new trips are
added to already overcrowded roadways, instead of the way drivers
behave—where there is available capacity. Trip assignments must be
capacity constrained. (54)

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Auto and taxi trips have been assigned to major corridors (12-39)
“based on their origin and destination as well as the most direct routes
to major access points.” All things being equal, vehicles probably do
use the most direct route but not when the direct route is as highly
congested as the DEIS predicts. (24)
Given the magnitude of the project and the underlying growth, a microassignment model that assigns trips based on demand and capacity
should really be undertaken. (54)
The DEIS looks at 90 separate intersections but does not look at all of
them together – as a whole system. (324)
Response 12-36:

As noted in Chapter 12, “Traffic and Parking,” the traffic impact
analyses utilize the methodology detailed in the nationally applied
Transportation Research Board’s Highway Capacity Manual (HCM) for
both signalized and unsignalized intersections. The use of HCM is
directed by the CEQR Technical Manual because it is the most
appropriate methodology for impact analysis under CEQR. Adherence
to this methodology provides a consistent basis for land use and
environmental determinations by City agencies.
It is questionable as to whether a local or area-wide traffic simulation
analysis would prove more accurate at assessing the potential traffic
impacts of the proposed actions than the standard HCM analysis. The
HCM methodology expresses quality of flow at individual intersections
in terms of level of service (LOS), which is based on the amount of
delay that a driver typically experiences at an intersection. Levels of
service range from A, with minimal delay (10 seconds or less per
vehicle), to F, which represents long delays (greater than 80 seconds per
vehicle). Changes in delay of as little as one second can be identified
using this methodology. This sensitivity is critical to identifying impacts
under the 2001 CEQR Technical Manual criteria which specify very
low thresholds for determining the significance of an impact (e.g., delay
changes of three to five seconds for any specific traffic movement).
Network simulation models are primarily planning tools, intended to
optimize traffic flows in a given network. Applied to the proposed
project, these models would reflect the diversion of traffic away from
congestion and portray less conservative impacts at intersections of
concern. By contrast, an impact analysis using the HCM methodology
conservatively assumes that all project traffic would traverse those
intersections along the most direct routes to and from a development
site, regardless of prevailing conditions. The full potential effects of
new project-generated trips on individual intersections are therefore not
as readily apparent in a network simulation as they are using the more
conservative HCM methodology. Professional judgment is used to

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formulate the traffic assignments for No Build site demand and for
project-generated traffic which serve as inputs to the HCM analysis.
Overall, for a heavily traveled network such as Downtown Brooklyn,
the HCM methodology provides a greater sensitivity to changes in delay
at individual intersections, and is more likely to produce conservative
results with respect to potential traffic impacts than would an area-wide
simulation analysis. The HCM methodology is therefore the appropriate
methodology for assessing impacts from the proposed actions.
It should also be noted that, in addition to employing the HCM
methodology for the intersection capacity analyses, consistent with the
CEQR Technical Manual, the potential for future queuing and spillback is also examined in the EIS, and traffic simulation using the
Synchro/SimTraffic 6.0 software program was employed to facilitate
planning and to evaluate the feasibility and effectiveness of different
options for facilitating traffic circulation in and around the project site.
Synchro/SimTraffic simulation was also employed in developing the
mitigation plan for addressing the proposed project’s significant adverse
traffic impacts in and around the project site. These simulations were
reviewed by NYCDOT and provided to the Council of Brooklyn
Neighborhoods on August 25, 2006.
Comment 12-37:

The DEIS identifies several local arterials and streets having the
potential for queuing and spill-back along the principal streets serving
the project site. On these streets, over capacity conditions would hamper
the movement of vehicles, and contribute to the diversion of vehicles
onto local residential streets. The DEIS identifies potential overcapacity
conditions on Flatbush Avenue, Fourth Avenue, Atlantic Avenue, and
Vanderbilt Avenue, and at the Adams Street/Tillary Street intersection.
However, the DEIS does not adequately address the effects of traffic
spillover onto residential streets. To address these effects, the FEIS
should examine the NYCDOT’s traffic calming proposed measures to
reduce thru-traffic on residential streets. (12)
The DEIS did not address the traffic flow and how it will operate once
the main thoroughfares are filled to capacity. For example, if Atlantic or
Flatbush are totally backed-up, will more traffic come into our
neighborhood as a way to skirt the hot spots? (491)
Proposed changes in traffic patterns will redirect traffic through
surrounding residential neighborhoods – but the DEIS does not offer
any solutions to the severe increase in traffic. (324)

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The DEIS makes the assumption car drivers are unfamiliar with
neighborhoods and will not seek alternative routes, in order to avoid
congestion of the Flatbush Avenue corridor. (53)
Response 12-37:

An expanded discussion of the potential effects of the proposed project
and its traffic mitigation plan on the local street system has been
incorporated into Chapter 19 of the FEIS.

Comment 12-38:

To oversee the increasing congestion in Downtown Brooklyn that is
likely to result in the future, it is recommended that an area-wide traffic
surveillance system, incorporating closed circuit television (CCTV) and
other technologies, be implemented for quick reaction traffic
management. (12)

Response 12-38:

The proposed project includes a broad range of mitigation measures to
help address significant traffic impacts, including a comprehensive
package of demand management strategies. While implementation of an
area-wide traffic surveillance system for Downtown Brooklyn could be
a useful tool for NYCDOT, it would not specifically address significant
traffic impacts from the proposed project.

Comment 12-39:

An exception for arena suite patrons, the ones most likely to come by
car, undermines the effectiveness of the HOV restriction for on-site
parking. Not mentioned is if black car chauffeurs count as one of the
requisite three people. (54)

Response 12-39:

Of the approximately 1,100 parking spaces that would be available onsite for use by fans at a Nets basketball game, up to approximately 500
would be dedicated to suites and premium seating. It is anticipated that
the remaining at least 600 spaces (55 percent of the total available)
would be subject to the HOV parking requirements included as a
demand management strategy in the proposed project’s traffic
mitigation plan. Substantial numbers of black cars are not expected to
use the on-site parking garages.

Comment 12-40:

If there is more drop-off activity than can be accommodated in the 63
(passenger car) spaces assumed available in the lay-by lanes on
Flatbush and Carlton Avenues and Fulton and Dean Streets, queues of
vehicles will spill into the moving lanes. TV vans monitoring celebrity
arrivals will also occupy curbside space. (54)
The whole issue of black car and bus layovers is entirely ignored in the
DEIS, which is an issue not just for charter buses but also for the minibuses serving remote parking. (54)

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The 750 foot drop off lane for the arena would encourage people to
come by car instead of using mass transit. (445)
Response 12-40:

As discussed in the DEIS, there would be a total of approximately 63
(passenger-car) spaces available in lay-by lanes adjacent to the arena
block on Dean Street and Atlantic, Flatbush and 6th Avenues. While
some of this substantial amount of curbside space may be used for
parking broadcast trucks during a Nets game, it is anticipated that
sufficient curbside space would be available to accommodate the shortterm pick-up and drop-off activity from taxis/black cars, shuttle buses
serving remote parking, and buses serving Staten Island park & ride
facilities. In addition, it should be noted that a substantial amount of
curbside space would also be available for black car and bus storage
along the proposed lay-by lane on Atlantic Avenue adjacent to blocks
1120 and 1121. Curbside space would also likely be available for this
purpose along the north curb of Pacific Street adjacent to Block 1120. It
should also be noted that on event days, there would likely be a
substantial police presence to enforce curbside regulations. The lay-by
lanes adjacent to the arena block are necessary to accommodate
taxi/black car pick-up and drop-off activity, and would facilitate transit
access by accommodating bus stops, and stops for proposed shuttle
buses and buses serving park and ride facilities. They would not be
available for parking by private auto and are not expected to encourage
people to come to the arena by car instead of mass transit.

Comment 12-41:

The Atlantic Yards DEIS uses a patchwork of traffic counts taken in
2003 and 2004 that was partially updated in 2005. It shows less traffic
in Downtown Brooklyn than was reported for 2002 in the FEIS for the
Downtown Brooklyn Development Plan. (54)
In theory, the Atlantic Yards DEIS No Build traffic volumes in 2016
should be greater than reported for 2013 in the Downtown Brooklyn
Development project FEIS. However, the DEIS reports between 4
percent less and as high as 23 percent less traffic in 2016. (54, 55)
The baseline date was taken too long ago so current traffic conditions
are grossly understated and spare capacity is grossly overstated. (55,
180)

Response 12-41:

Due to September 11th-related effects on the Downtown Brooklyn
traffic system in 2002, the 2002 baseline traffic networks developed for
the Downtown Brooklyn Development EIS were based on existing data
sources, some dating from as early as 1995. In addition, as discussed in
that EIS, although the collected data indicated that traffic volumes in
Downtown Brooklyn had declined in recent years independent of the
events of September 11, 2001, the higher traffic levels from year 2000
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were assumed as a relatively conservative baseline condition for 2002.
By contrast, the baseline traffic networks used for the Atlantic Yards
Arena and Redevelopment EIS analyses are based on an extensive count
program that was expanded and updated into early 2006, and accurately
reflects current conditions in the traffic study area. The traffic networks
used for the two EISs are therefore not directly comparable. The
planning assumptions and analysis methodologies utilized in the DEIS
were developed in consultation with NYCDOT.
Comment 12-42:

The trip generation factors used for the DEIS are based on data
collected more than three decades ago in Manhattan, with very different
demographics and travel patterns. The DEIS uses no local surveys; no
original data for Brooklyn on which to base impacts. It does not
distinguish between travel behavior of various income groups. The only
documentation for modal split of many types of non-arena trips in the
DEIS is the Downtown Brooklyn Development FEIS, but this is circular
reasoning since the only reply when these assumptions were challenged
in 2004 was “undisclosed surveys.” (54, 55, 180)
The DEIS assumes just 5 percent of all shoppers at the Atlantic Yards
will use a car or taxicab. What is the basis for this estimate? Were
Atlantic Center shoppers surveyed for mode choice? (54)
The analysis to show that the Atlantic Yards project conforms to the
State air quality plan will employ a regional model that does not rely on
2000 Census data as does the DEIS. The trip generation and mode split
assumptions and origin and destination data used for the Atlantic Yards
DEIS will therefore be inconsistent with the assumptions used for this
analysis. (54)
Mode split and trip origin and destination assumptions in the DEIS were
based on 2000 Census data which has been discredited by NYMTC and
does not accurately reflect travel patterns. (54, 55)
Inaccurate assumptions understate current traffic volumes by 17 percent
and so overstate the unused capacity available for new development.
(180)
Has a survey been done to see how Nets fans will come to Brooklyn
from New Jersey? What about Queens and Northern Brooklyn where
there is no subway service? (324)
It is unrealistic to believe that people will take the train to a basketball
game. (521, 523)

Response 12-42:

November 2006

As detailed in Chapter 12 and Appendix C of the DEIS, the trip
generation rates, temporal distributions, and mode choice assumptions

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for the proposed project’s residential, office, hotel, and local retail
components were based on a wide range of sources, including accepted
CEQR Technical Manual criteria, standard professional references, and
studies that have been done for similar uses in Downtown Brooklyn and
Manhattan. For example, the travel demand forecast for the hotel that
would be developed under the residential mixed-use variation was based
on data developed for the expansion of the existing Marriott Hotel at
Renaissance Plaza in Downtown Brooklyn. Employee Commute
Options survey data from firms and governmental/educational
institutions in Downtown Brooklyn was used to develop mode splits
and vehicle occupancy rates for weekday office travel demand. The
modal splits for local retail uses were developed from data reported in
the Downtown Brooklyn Development FEIS and reflect the relatively
high walk and transit shares common for local retail uses in Downtown
Brooklyn. These sources were supplemented by data from the 2000
Census. The trip generation rates, temporal distributions, and mode
choice assumptions for the proposed arena reflect the anticipated
origin/destination distribution of arena spectators and the accessibility
by transit of the proposed arena site. The assumptions were developed
from survey data reported in the Madison Square Garden Modal Split
Analysis study, along with data specific to Downtown Brooklyn
developed for other studies. All of the travel demand and trip
assignment assumptions used for the proposed project’s transportation
analyses were developed in consultation with NYCDOT and NYCT,
which concurred with the conclusions of the analyses.
As part of the preparation of the DEIS, representatives of the New York
City Department of City Planning (NYCDCP) and the New York
Metropolitant Transportation Council (NYMTC) were contacted.
NYCDCP indicated NYMTC had been informed of the project, and
noted that individual projects, such as the Atlantic Yards redevelopment
project, are considered to be included in the growth within the longer
term regional growth projections utilized by NYMTC. NYMTC has
demonstrated that these forecasts of employment and population growth
(included in the latest transportation conformity determinations by
NYMTC) are comfortably higher than all of the identified development
projects in the short-term pipeline for the region. Under federal
regulations, no specific modeling of the Arena would be required for the
regional conformity determinations, but the Atlantic Yards Arena and
Redevelopment project is accommodated in the regional growth
estimates that were the basis for the regional emissions analysis in the
latest conforming transportation plan and TIP determinations.

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Comment 12-43:

The DEIS claims that its forecast is conservative because it assumes no
credit for the travel demand from the existing Modell’s and P.C.
Richards stores that will be displaced if the project is built. However, it
fails to address the fact that much more new retail will be added at the
site than will be removed by the closure of these two stores. There is no
discussion of the additional travel demand this new retail will create.
(108)

Response 12-43:

As discussed in Chapter 12 of the DEIS and shown in tables 12-26, 1227 and 12-28, the proposed project’s travel demand forecast reflects the
development of 247,000 gsf of retail uses on the project site by 2016.
As discussed on page 12-65, some of these retail uses would replace
46,913 gsf of existing retail space on Site 5 (the Modell’s and P.C.
Richards stores). However, the travel demand forecast includes demand
from all 247,000 gsf of proposed retail, and does not take credit for the
trips generated by the 46,913 gsf of existing retail uses displaced by this
new development.

Comment 12-44:

The travel demand forecast assumes that non-basketball events would
attract fewer spectators and therefore fewer vehicular trips. It is equally
plausible, however, that attendees will judge their chances of finding
local parking to be greater at non-basketball events (because audiences
are smaller) and will therefore be more likely to drive to the arena, not
less. (108)

Response 12-44:

As discussed in Chapter 12 of the FEIS, a Nets basketball game would
typically attract substantially more spectators than would a typical
concert or other large event at the arena. In addition, data from Madison
Square Garden indictates that concert attendees have a 16 percent lower
auto/taxi mode share than basketball fans, and a correspondingly higher
transit share. As demonstrated by the parking analyses in Chapter 12 of
the FEIS, sufficient parking capacity would be available at both on-site
garages and existing off-site public parking facilities in the vicinity of
the arena to accommodate all project-generated parking demand during
a Nets basketball game. The additional parking capacity that would be
available at these facilities during other less well attended events at the
arena is therefore not expected to be an incentive for an increased auto
mode share relative to a Nets game.

Comment 12-45:

Current traffic patterns already result in vehicles “blocking the box” at
various hours of the day, on various days of the week. Traffic
congestion does not increase linearly. Thus, given the large number of
projected additional trips generated by the project, traffic will increase
exponentially. (393)

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Response 12-45:

Existing traffic congestion in the vicinity of the project site is
documented in the DEIS, which also includes detailed analyses of the
proposed project’s potential effects on a total of 93 intersections. The
analyses identify those locations where significant adverse impacts are
expected to occur from project-generated trips. The analyses also
include discussion of the potential for future queuing and spill-back
along key corridors serving the project site. Measures that would
mitigate many of these impacts are discussed in Chapter 19 of the DEIS.

Comment 12-46:

Arena-bound traffic may cause congestion in South Brooklyn Heights,
as Atlantic Avenue, Court Street, Henry Street, and State Street are used
as shortcuts. Traffic congestion may radiate well beyond the immediate
project area unless meaningful improvements are made. (42)

Response 12-46:

The proposed project is not expected to add an appreciable number of
new vehicle trips along Court Street or Henry Street. Some arena trips
would occur along State Street en route to parking facilities located
along that corridor during the pre-game periods, however these would
number from 60 to 80 (less than two cars per minute) in either pre-game
peak hour. As is discussed in the DEIS, Atlantic Avenue west of
Flatbush Avenue would be used by project-generated demand en route
between the project site and the BQE, and these trips would result in
significant adverse impacts at many of the intersections along this
corridor in one or more peak hours. The proposed project’s traffic
mitigation plan includes a wide range of measures designed to mitigate
many, but not all of these impacts, including intercepting some of the
new trips that would otherwise traverse Atlantic Avenue by developing
a remote parking facility with free shuttle bus service near the BQE
(likely at Long Island College Hospital).

Comment 12-47:

The analysis of Dean Street traffic is unrealistic. The DEIS projects
congestion in 57 out of 90 intersections during “peak hours,” defining
this as 5 PM to 6 PM. We know from daily experience that these times
are arbitrary and do not reflect the real situation, in which we
experience serious congestion beginning at 3 PM on Dean Street and
lasting well into the evening hours. Traffic congestion can extend for
hours during the weekends. (461)
Overflow from the street closures on Pacific and on 6th Avenue and
those avoiding Atlantic Avenue congestion, will certainly redirect more
cars and people onto Dean Street. (461)
The DEIS underestimates the existing Dean Street through-traffic
capacity and severely underestimates that the project will have little or
no impact on traffic patterns. (461)
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The proposed project will exacerbate the traffic situation beyond
tolerable levels for vehicles, pedestrians, and businesses. Delivery
(food and grocery), cleaning, repair, moving, gardening, car and taxi
services, repair, and construction, all need unimpeded access to Dean
Street. These businesses will be at a standstill for significant portions of
the day and evening. (281, 461)
Response 12-47:

The EIS traffic analyses examine a total of seven peak hours when
demand from the proposed project is expected to be greatest. These
include the traditional weekday 8-9 AM and 5-6 PM commuter periods
and 12-1 PM lunch time period (when the proposed project’s
residential, office, hotel and local retail components are expected to
generate their highest demand); the 7-8 PM and 10-11 PM peak hours
(when trips en route to and from an evening arena event would be
highest); and the Saturday 1-2 PM and 4-5 PM peak hours (when trips
en route to and from a Saturday arena event would be highest). The
proposed project’s potential effects on Dean Street are discussed in
detail in the EIS, which discloses that a total of ten intersections along
the Dean Street corridor are expected to experience significant adverse
impacts from project traffic. The proposed project’s traffic mitigation
plan includes measures to address many of these impacts.

Comment 12-48:

The Pacific Street traffic impact is underestimated. Much of the
vehicular overspill from Dean Street ends up on Pacific Street, which is
also used as a shortcut for people trying to avoid the traffic jams just
one block away on Atlantic Avenue. (281, 383, 461, 521)

Response 12-48:

As discussed in the EIS, Pacific Street operates one-way westbound
except within the project site where it is one-way eastbound from
Flatbush Avenue to 6th Avenue and bi-directional from 6th Avenue to
Washington Avenue. Field observations indicate that, given this
discontinuity in street directions, Pacific Street primarily serves as a
local access street for adjacent land uses, and existing traffic volumes
are relatively low (from 90 to 300 vehicles per hour in the peak hours).
The traffic impact analyses reflect the re-assignment of these trips to the
most logical alternate routes.

Comment 12-49:

Traffic conditions with regard to increased accidents have not been
adequately studied and the proposed mitigations are vague and useless.
(48, 165)
The question that does not get answered is how many deaths and
injuries will result from the completion of this one project. The FEIS
needs to be more explicit regarding how the combinations of density,

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traffic congestion, construction, and security will contribute to
“generating accidents.” (107)
Response 12-49:

The EIS looks at the accident history at a total of 20 intersections in the
vicinity of the project site, and examines in detail those locations that
experience high accident rates or where the proposed project would
result in the potential for increased vehicle/pedestrian/bicycle conflicts.
A range of specific measures have been included in the project’s design
and the proposed traffic mitigation plan to help reduce the potential for
such conflicts and are discussed in Chapter 12, and Chapter 19 of the
DEIS.

Comment 12-50:

Traffic is caused by people unnecessarily buying cars, not by the
project. (287)

Response 12-50:

Comment noted.

Comment 12-51:

Did the study address the influx of cars that comes to the area around
Brooklyn Technical HS every time the City uses that space for a
citywide exam for City employees or students? The congestion, with
several people sitting in double-parked cars is for a few hours a few
evenings a year. What of 250 game nights? (241, 289)

Response 12-51:

While it is expected that the arena would host approximately 225 events
a year, some events may take place on the same day and only 41 regular
season games would occur in any one year. Conditions during a
citywide exam at Brooklyn Technical High School are not reflected in
the EIS traffic analyses as they would only occur a few evenings per
year and are not a typical condition for the study area street system. The
EIS traffic analyses examine typical weekday evening conditions during
the pre-game and post-game peak hours on Nets game days.

Comment 12-52:

There is insufficient analysis regarding how traffic patterns will be
affected by locations of parking garage and service entrances. Some
queuing will be inevitable, especially during arena events. (24)

Response 12-52:

A total of six parking garages are proposed for the project site. All of
these parking garages would be designed with sufficient reservoir
spaces to comply with building code requirements and accommodate
projected entering demand. In addition, all of these garages would be
below grade with ramps that could be used for vehicle queuing leading
down to cellar and sub-cellar levels. As discussed in Chapter 12 of the
DEIS, it is also anticipated that for a Nets basketball game, over half of
all off-street parking demand would be accommodated at existing offsite facilities within ½-mile of the arena, thereby spreading out peak
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demand over a wide area. No queuing is therefore anticipated at the
entrances to proposed on-site parking garages. Off-street loading
facilities on the arena block and Site 5 would also be designed to
accommodate projected demand without vehicles queuing on the street.
Comment 12-53:

The proposal to make 6th Avenue into a two-way street is unrealistic.
The police precinct on this block currently uses it for perpendicular
parking. Plus, this section between Bergen and Dean is regularly closed
by the NYPD to any through-traffic, further exacerbating overflow
through adjacent intersections and streets. (461)
Current street-parking at the 78th Precinct already negatively impacts
neighborhood parking and traffic flow. The loss of this parking area will
further push the police parking further into the adjoining residential
streets, increasing its negative impact. This condition will be further
exacerbated by any increase in staffing at the 78th required by the large
increase in the residential population. (232)
The DEIS also identifies the loss of 24 parking spaces for police
vehicles on 6th Avenue. These spaces must be replaced – preferably
with a permanent police parking garage built and paid for by the
developer – or they will inevitably reduce the pool of parking spaces
available to local residents still further. The DEIS does not mention the
significant impact under existing conditions caused by the presence on
local streets of the personal vehicles of police officers working at the
78th Precinct. We therefore recommend that whatever parking facility
the developer provides for official police vehicles also be large enough
to allow for these personal vehicles. (108)

Response 12-53:

Approximately 24 spaces of parking for NYPD vehicles would be
displaced by the conversion of 6th Avenue to two-way operation. As
discussed in the FEIS, off-street parking located on the project site, at a
location proximate and convenient to the 78th Precinct, would be
provided for the displaced NYPD vehicles. The project sponsor is not
responsible for providing additional parking for the personal vehicles of
police officers at the 78th Precinct.

Comment 12-54:

The DEIS doesn’t address how the Bear’s garden and the residents of
Pacific Street will be affected when 4th Avenue is essentially rerouted
into Pacific Street, becoming the only route for all 4th Avenue traffic
headed to the Manhattan Bridge. (39)
Part of the plan includes widening Pacific Street to make way for access
to a 400-car parking complex planned for Site 5 right next to the garden,
and to accommodate two-way traffic between Flatbush and 4th Avenue,

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but it strikingly omits how this will impact the Bear’s garden and this
tiny stretch of residential homes. (39)
The plan to make Pacific Street between Flatbush and 4th Avenue a
two-way street (all Flatbush Avenue northbound traffic on 4th Avenue
will be redirected, turning right onto Pacific Street and then north on
Flatbush) will create enormous new traffic volume on this block, the
south side of which is heavily residential. There is also a Brooklyn
Public Library branch on the southeast corner of 4th Avenue and
Pacific, and patrons, many of whom are school students, will face newly
hazardous conditions. (108)
Making Pacific Street a two-way street between 4th and Flatbush
Avenues will mean tearing down the trees and tree guards. Also, the
sidewalks are only six feet on each side. The proposal to shorten them
by four feet to allow for two-way traffic will only allow two feet of
sidewalk in many places. (510)
Response 12-54:

As disclosed in the DEIS, implementation of the proposed project
would result in increased traffic volumes along Pacific Street between
4th and Flatbush Avenues as a result of new project demand as well as
the conversion of the street to one-way eastbound operation in
conjunction with the reconfiguration of the Atlantic Avenue/Flatbush
Avenue/4th Avenue intersection under the proposed traffic mitigation
plan. (Northbound 4th Avenue would be closed to traffic north of
Atlantic Avenue under this plan.) It should be noted, however, that not
all traffic diverted from northbound 4th Avenue would use Pacific
Street as diversions to both 3rd Avenue and Atlantic Avenue are also
expected. Overall, as disclosed in the EIS, traffic volumes along this
block would increase by approximately 300 to 700 vehicles in each
peak hour under Build with Mitigation conditions. However, with
implementation of the proposed traffic mitigation plan (including the
installation of a new traffic signal at Flatbush Avenue and Pacific
Street), no unmitigated significant traffic impacts would remain on
Pacific Street at either 4th or Flatbush Avenues. The proposed 400space parking garage on Site 5 would have an entrance on Pacific Street
west of the Bear’s Garden. This garage would be designed with
sufficient reservoir spaces to comply with building code requirements
and accommodate projected entering demand. In addition, it would be
below grade with ramps that could be used for vehicle queuing. Onstreet queuing on the block is therefore not anticipated. Curbside
parking for 160 feet along the north curb adjacent to the Bear’s Garden
would be prohibited under the proposed traffic mitigation plan,
however, curbside access would continue to be permitted along the
north curb on the remainder of the block, as well as along the south side

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of the street. Thus, the proposed reconfiguration of Pacific Street would
not have a significant adverse traffic impact on the access to or
operation of the Brooklyn Bear’s Pacific Street Community Garden.
While the flow of traffic on Pacific Street would be increased from the
existing condition, it is not expected that access to the Brooklyn Public
Library branch on the southeast corner of the intersection would be
compromised. As the design of the proposed project is finalized, it is
expected that high visibility crosswalks would be installed at this
location to maintain pedestrian safety.
To accommodate increased traffic flow, the block of Pacific Street
between 4th and Flatbush Avenues would be widened by setting back
the sidewalk on the north side of the street by approximately seven feet
to accommodate a lay-by lane. The sidewalk would not be narrowed
because the proposed building on Site 5 would be set back to maintain a
15-foot-wide sidewalk width along the north side of the block. The
south sidewalk along this block would not be directly affected by the
proposed widening of the street, nor would the trees or tree guards
located along this sidewalk. Any trees on the north side of Pacific Street
that are removed as a result of the widening will be replaced.
Comment 12-55:

The DEIS assumes that most people attending arena events will take
public transportation. The experience with Madison Square Garden
shows that this isn’t the case. And even though Yankee Stadium is
surrounded by parking areas, the traffic after games is legendary. (45)

Response 12-55:

As discussed in the EIS, trip origin and modal split assumptions for the
Atlantic Yards Arena reflect the anticipated origin/destination
distribution of arena spectators and the accessibility by transit of the
proposed arena site. The assumptions were developed from trip origin
and modal split data reported in the Madison Square Garden Modal
Split Analysis study (which indicate that an average of 51 percent of
people traveling to MSG for a weeknight sports event use transit), along
with data specific to Downtown Brooklyn developed for other studies
such as the Downtown Brooklyn Development FEIS. Yankee Stadium
and the proposed Atlantic Yards arena are not directly comparable as
the stadium is accessible by three subway routes compared to a dozen
for the Atlantic Yards site, and it currently has no commuter rail access
whereas the Atlantic Yards arena would be directly accessible by the
LIRR.

Comment 12-56:

The traffic and transit impacts are systematically understated and
mitigations proposed will be inadequate. Furthermore, this project is the
latest in a series of major new developments that require a new

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approach to transportation, not tinkering with signal times or
intersection geometry. (50)
If Brooklyn wants an arena then Downtown Brooklyn or the nearby area
could make a good location because of its proximity to a transit hub.
However, we are deeply concerned that, if built without the proper
transportation policy, an arena could easily blight the surrounding area
and bring nearby streets to a standstill. Our support of the concept of
building an area on the site is, therefore, entirely conditional on the
necessary transportation mitigations being in place. (87)
Response 12-56:

The EIS includes detailed impact analyses for a total 93 intersections
during seven peak hours, and impacts are identified at a total of 68 of
these intersections in 2016 for at least one movement in one peak hour.
The EIS also presents a detailed traffic mitigation plan that, in addition
to traffic operational improvements, includes substantial physical
roadway improvements, recommendations for improved transit service,
and a comprehensive package of demand management strategies for
game days designed to achieve a shift in demand from the auto mode to
transit. This comprehensive package of demand management strategies
has been expanded for the FEIS

Comment 12-57:

It is unlikely that the commercial component of the project would be
entirely neighborhood-focused, so it is reasonable to expect that it
would generate more vehicular traffic. (470).

Response 12-57:

As discussed in Chapter 12 of the DEIS, the retail uses developed under
the proposed project are expected to be local (or “neighborhood”) retail
that would attract trips primarily from the residential and worker
populations on-site and in surrounding neighborhoods. It is therefore
anticipated that the majority of these trips would be via the walk mode.
However, the proposed project’s travel demand forecast does assume
that approximately five percent of retail trips would be by the auto and
taxi modes.

Comment 12-58:

It is highly likely that Atlantic Avenue truck route traffic will seek
alternative routes through residential areas and pose risk for pedestrians,
children, as well as negatively impact our roads, our trees, and our air
quality. The traffic mitigiation measures do not adequately address this.
(474)

Response 12-58:

New York City traffic rules and regulations require that all trucks in
Brooklyn remain on designated through and local truck routes until they
reach the intersection nearest to their destination from where they must
proceed by the most direct route available to make their delivery or

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pick-up. Departing trucks must also proceed by the most direct path to
the nearest truck route. Trucks may not, therefore, divert off of
designated truck routes (such as Atlantic Avenue) through residential
streets unless their destination is located on such a street.
Comment 12-59:

We are concerned about the increase in traffic and congestion in the
vicinity of the Waldorf School located on St. Felix Street between
Lafayette and Hanson Place, and the danger to pedestrians. (563)

Response 12-59:

The proposed project is not expected to add appreciable numbers of
vehicle trips to St. Felix Street between Lafayette Avenue and Hanson
Place. The proposed project’s traffic mitigation plan does, however,
include a range of pedestrian improvement measures at the nearby
Atlantic Avenue/Flatbush Avenue/4th Avenue intersection to
accommodate increased pedestrian flows. In addition to wider
sidewalks, high visibility crosswalks and improved lighting, pedestrian
improvements proposed for this intersection include implementation of
an all-pedestrian phase at Flatbush Avenue/4th Avenue, and substantial
expansion of the pedestrian space at Times Plaza to accommodate
increased pedestrian volumes,

TRAFFIC—BICYCLES
Comment 12-60:

The DEIS says nothing about current bicycle use. There was not one
bicycle count used to analyze existing bicycle transportation. How can
this project address bicycle transportation without getting data on
existing bicycle conditions? Bicycle storage for 400 bicycles cannot be
judged sufficient without proper data on current bicycle commuters and
their parking requirements. (24)
Up-to-date bicycle count data should be provided for: Dean Street bike
lane, Bergen Street bike lane, DeKalb Avenue bike lane, Myrtle Avenue
bike lane, Ashland Place/Navy Street bike lanes, Jay Street bike lane,
Sands Street bike lane, Adams Street bike lane, Tillary Street
Greenway, Henry Street bike lane, Clinton Street bike lane, Union
Street bike lane, 3rd Street bike lane, 5th Avenue bike lanes, Brooklyn
Bridge path, Manhattan Bridge paths. Projected bicycle volumes and the
anticipated average trip length of event trips should be provided. The
DEIS doesn’t mention the massive potential for spectator/employee
trips to be undertaken by bicycle. (55)
The DEIS is vague regarding projected increased bicycle traffic and
how cyclists will be adversely affected by the increased and displaced
vehicular traffic, which will exacerbate the risk of bicycle/vehicular
accidents. (461)

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The DEIS acknowledges not only that increased traffic volume will
impact cyclists but also that existing traffic will be diverted onto streets
currently used by cyclists. No mitigation is offered. (108)
Traffic congestion and confusion in the redeveloped area will lead to
more vehicle-bicycle collisions. (554)
The conclusion that there would be more bicycle trips in peak hours and
at weekends should be supported with an analysis similar to the vehicle
traffic analysis. This should begin with counts and surveys of bicycle
traffic to establish base levels of cycling in the area. Bike paths and
bicycle lane systems at similar high-density urban developments in
cities around the world and at other arena venues should be studied,
including how many people would bicycle to an arena event in the
winter months or during inclement weather. (125)
Response 12-60:

The examination of bicycle conditions in the EIS identifies existing and
planned bicycle facilities in the study area, and assesses the potential
effects on these facilities from project-related changes to the street
system and from new project generated vehicle, pedestrian and bicycle
demand. The focus of this assessment is on the functionality and safety
of study area bicycle facilities, rather than on detailed projections of
future bicycle usage or the likely characteristics (such as trip length) for
these trips. Historical data on the numbers of accidents involving
bicyclists at 20 intersections in the vicinity of the project site is
presented in the EIS, and the potential for increased
vehicle/pedestrian/bicycle conflicts as a result of the proposed project is
assessed. The EIS discusses a range of measures that are included in
either the project’s design or its traffic mitigation plan that would
reduce the potential for such conflicts.

Comment 12-61:

The DEIS does not define “bicycle facility.” (55)
A bike parking facility should be built into the arena site. (23)
The DEIS does not include sufficient information about the location of
the 400 bicycle parking spaces that are mentioned on Page S-30 of the
DEIS. (55)
Who will have access to the bike parking? Residents, transit users, or
the public at large? (55)

Response 12-61:

The proposed Atlantic Yards bicycle station would be a secured, staffed
facility providing storage for 400 bicycles. It is anticipated that this
facility would be located on the arena block in ground-floor space along
the Sixth Avenue corridor. At this location it would be conveniently
situated next to the arena and easily accessible from the bicycle lanes on

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Dean and Bergen Streets. As currently contemplated, in addition to
dedicated bicycle storage space, the facility would include amenities
such as lockers, restrooms and a security desk, and an adjacent bicycle
repair and accessory retail shop would provide services to both users of
the facility and the surrounding community.
Comment 12-62:

How wide will the sidewalk be adjacent to the lay-by on Atlantic
Avenue between Flatbush Avenue and Fort Greene Place? An
inappropriate width could affect bicycle circulation. (55)

Response 12-62:

The arena and other proposed buildings would be set back to provide
for 20-foot-wide sidewalks along Atlantic Avenue.

Comment 12-63:

There is no plan to prevent double parking and driving in the Dean
Street curbside bike lane east of Flatbush. Double parking effectively
nullifies any benefit of these curbside bicycle lanes, and is particularly
rampant during construction. (55)

Response 12-63:

The heaviest demand for curbside space in the vicinity of the project site
would typically occur during periods when there is a basketball game or
other major event at the arena. On these days, it is anticipated that
police and traffic control officers would be deployed at key locations in
the vicinity of the arena to control traffic and minimize conflicts
between vehicles, pedestrians and bicyclists, as is currently done at
other major event venues in the City. The project sponsor is committed
to working with NYCDOT and NYPD to ensure that needed resources
are available for these purposes.

Comment 12-64:

The impact analysis mentions the use of the Highway Capacity Manual
(HCM) Software 2000 Release 4.1f. Analysis using this software
assumes that the streets of Brooklyn are highways that must maximize
the through-put of motor vehicle volume. It is not designed to take into
account other modes of transportation. In addition, “Transportation
Planning Assumptions” and “Travel Demand Forecasts” identified in
various tables, do not include bicycles as a mode of transportation in the
analysis. (125)

Response 12-64:

The traffic impact analyses use the Highway Capacity Manual (HCM)
Software 2000 Release 4.1f. to determine the delays and levels of
service experienced by drivers at individual intersections within the
traffic study area. Among the factors accounted for in this methodology
are the numbers of conflicting bus, pedestrian and bicycle movements.
As the EIS includes quantitative impact analyses for the traffic, transit
and pedestrian modes, the travel demand forecast conservatively
assumes that all trips would occur on these modes. It is recognized in

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the EIS, however, that the proposed project would also generate some
commuter, recreational and discretionary trips by bicycle on both
weekdays and weekends.
Comment 12-65:

Because the bicycle path is located within Phase II of the proposed
project, it would not be completed until the year 2016 (if at all) and,
therefore, these “new off-street bike paths” would not make the
connection between Cumberland Street/Carlton Avenue bike lanes, and
the Dean and Bergen Street bike lanes until that time. NYCDOT said it
already has a plan to route bicycle traffic heading south on Cumberland
to the Dean and Bergen Street bike lanes. This plan is workable, could
be altered, and in place before completion of Phase II. (125)

Response 12-65:

As discussed in the EIS, NYCDOT has proposed introducing a bike
lane along Carlton Avenue between Pacific Street and Flatbush Avenue
to connect the existing Dean Street and Bergen Street bike lanes to the
proposed bike lanes on Cumberland Street/Washington Park. It is
assumed in the analyses that this bike lane would be implemented by
2010, and it is reflected in Figure 12-5 in the EIS. However, as shown in
Figure 12-5 and discussed in the text, under this plan some cyclists will
still be required to ride opposite the flow of traffic along Carlton
Avenue between Pacific Street and Atlantic Avenue until the
introduction of the proposed off-street bike paths through a portion of
the project’s open space in 2016.

Comment 12-66:

Once the new Sands Street bicycle path/entrance to the Manhattan
Bridge opens (scheduled 2007), bicycle traffic is likely to increase on
Cumberland Street/Carlton Avenue as the new Sands Street facility will
be a much safer approach than the current one on Jay Street. Bicyclists
traveling from Park Slope east of 6th Avenue, Prospect Heights, and
those coming through Prospect Park from points south will likely use
this route. (125)

Response 12-66:

Comment noted. The proposed off-street bike paths planned for a
portion of the proposed project’s open space in Phase II would improve
access to the planned bike lane along Cumberland Street for bicyclists
traveling from Park Slope east of 6th Avenue, Prospect Heights, and
those coming through Prospect Park from points south.

Comment 12-67:

After nine years of existing route use, it is unlikely that many bicyclists
will chose a somewhat convoluted route to get from Cumberland Street
to the Dean and Bergen Street bicycle lanes. (125)

Response 12-67:

It is anticipated that bicyclists would find the proposed off-street bike
paths through a portion of the proposed project’s open space to be a
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convenient, safer and more attractive alternative to traveling on-street,
and that many would therefore choose to use these proposed paths.
Comment 12-68:

An analysis of the bicycle parking required for the projected number of
residents and commercial tenants must also be made. If the eventual
number of residents reaches 18,000 and even if only one half of one
percent of the residents require bicycle parking, that’s 90 bicycles that
require safe and secure facilities. (125)

Response 12-68:

It is anticipated that one bicycle space would be provided for every two
residential units. Bicycle parking for commercial tenants would be
available at the proposed 400 space bicycle station. .

Comment 12-69:

Although demapping won’t affect the existing bike network, not all
bicyclists limit their travel to New York City’s bicycle network. Pacific
Street is often used by many bicyclists that live or work in East
Brooklyn. Just because a street doesn’t have a bike lane, doesn’t mean
its closure won’t affect bicycle traffic. An analysis of bicycle traffic on
Pacific Street, 5th Avenue, and any other streets proposed to be
demapped or have their directions changed, is required. (125)
The DEIS does not present or discuss the option of allowing cyclists to
ride on the closed portion of Pacific Street. (55)

Response 12-69:

With the closure of Pacific Street between Flatbush Avenue and 6th
Avenue and between Carlton and Vanderbilt Avenues, any bicyclists
currently using this street would instead divert to parallel alternate
routes, such as the existing bike lanes on Dean and Bergen Streets. The
segment of Pacific Street between Flatbush and 6th Avenues would be
closed to accommodate the footprint of the proposed arena and would
not be available for cyclists to ride through. The segment between
Carlton and Vanderbilt Avenues would be incorporated into the
proposed project’s open space. As described in the EIS, an off-street
bike lane would be constructed through a portion of this open space.

Comment 12-70:

What has not been analyzed is how “new vehicular traffic” and “traffic
displaced because of project-related changes” will affect bicyclists.
Bicycle Fatalities and Serious Injuries in New York City 1996-2005
found that there are bicyclist fatality clusters—areas in which three or
more bicyclist fatalities occurred within 1,000 feet of each other. One of
those areas is just west of the majority of the proposed project site, but
does include Site 5. (125)

Response 12-70:

The report Bicycle Fatalities and Serious Injuries in New York City
1996-2005 indicates that four bicyclist fatalities occurred at four

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separate intersections in an area from Flatbush Avenue west to 3rd
Avenue and from Atlantic Avenue south to Sackett Street over the ten
year period from 1996 through 2005. For the DEIS analyses, accident
data covering the 2002 through 2004 period were examined for a total
of 20 individual intersections in the vicinity of the project site. Based on
these data, presented in Table 12-3, one intersection – Flatbush Avenue
and Dean Street – was identified as experiencing three bicycle injuries
or fatalities over the three year period (all of which occurred in 2002).
As discussed in the DEIS, the proposed project would increase traffic
and pedestrian demand at this intersection, which is also traversed by an
on-street bike lane. Measures to reduce the potential for conflicts
between motor vehicles, pedestrians and bicyclists at this and other
study area intersections identified as having relatively high accident
rates are discussed in detail in Chapter 19 of the DEIS.
Comment 12-71:

There is no explanation of the rationale for running the bike path
through the development site and not on Carlton Avenue. (55)

Response 12-71:

As discussed in Chapter 12 of the EIS, DOT plans to implement new
on-street bike lanes along Cumberland Street/Washington Park and
Carlton Avenue between Park and Flatbush Avenues to provide a northsouth connection for bicyclists through Prospect Heights and Fort
Greene. However, due to the lack of suitable north-south roadways,
connections across Atlantic Avenue to and from the pair of east-west
bike lanes on Dean and Bergen Streets will be awkward, requiring
bicyclists to ride opposite the flow of traffic along a portion of Carlton
Avenue. It is therefore proposed to provide bike paths through portions
of the project’s open space to improve the connection between the
north-south and east-west bike lanes.

Comment 12-72:

The information about the bike path plan doesn’t include safety
measures for cyclists crossing Carlton Avenue or for cyclists entering
and exiting the planned bike path at Dean Street. There is nothing in the
DEIS to ensure the safety of cyclists who will “ride opposite the flow of
traffic along a portion of Carlton Avenue.” (55)
There is no mention of design, width, or other specifications of the bike
path that is planned to run through the development. (55)

Response 12-72:

The design of the proposed off-street bike path has not been finalized.
However, it would be designed to meet or exceed all relevant safety
standards. The transitions from bike path to street would be designed in
consultation with NYCDOT’s bicycle and pedestrian safety group. The

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proposed bike path would provide a safer alternative to riding opposite
the flow of traffic along Carlton Avenue.
Comment 12-73:

The DEIS proposes no improvements to bicycle safety on the heavily
cycled streets mentioned in the DEIS. (55)
The DEIS neither specifies the “many study roadways….used by
bicyclists,” nor does it specify mitigating bike improvements that will
be made on and at intersections along these roadways. (55)

Response 12-73:

As discussed in the DEIS, the proposed project would “generate new
vehicular traffic along many study area roadways, including those used
by bicyclists.” The EIS looks at the accident history at a total of 20
intersections in the vicinity of the project site, and examines in detail
those locations that experienced high accident rates or where the
proposed project would result in the potential for increased
vehicle/pedestrian/bicycle conflicts. A range of specific measures have
been included in the project’s design and the proposed traffic mitigation
plan to help reduce the potential for such conflicts. These include a new
off-street bike path through a portion of the proposed project’s open
space on blocks 1120 and 1129.

Comment 12-74:

Is there a specific design for the secure bike parking? What kind of
parking is it? Will it be accessible 24-hours a day, or only during select
hours? Will there be a charge to park a bike? If so, how much? (55)

Response 12-74:

The design and hours of operation of the proposed bicycle station have
not been finalized, but it is anticipated that it would encompass
approximately 3,300 square feet of space, including 3,000 square feet of
secure indoor bicycle storage space, and an additional 300 square feet
for locker rooms, restrooms, a security desk and other amenities. It is
anticipated that there would be a monthly membership fee for unlimited
use of the proposed bicycle station, a practice used in other cities.

Comment 12-75:

The EIS must include bike lanes that will be implemented between 2006
and 2010. (55)

Response 12-75:

A discussion of bike lanes planned for implementation by NYCDOT
during the 2006 through 2010 period was provided in Chapter 12 under
“Future without the Proposed Project—2010” of the DEIS.

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TRAFFIC--PARKING
Comment 12-76:

Tables showing the number of vehicles entering and leaving the offstreet parking facilities (required to estimate parking accumulation) are
missing from the DEIS. (54)

Response 12-76:

The estimated weekday and Saturday parking accumulation for each
component of the proposed project is provided in Tables 12-17 through
12-20 (for the 2010 Build condition) and Tables and 12-33 through 1236 (for the 2016 Build conditions) in the DEIS.

Comment 12-77:

The DEIS does not account for the preference of motorists for free
parking. Many new residents and arena goers will circulate looking for
parking, which was not accounted for in the traffic analysis. (54, 471)
Parking will be daunting and will contribute to congestion. People
driving to the project site, seeking cheaper parking than that available in
the project’s garages, would compete for scarce on-street parking with
neighborhood residents and existing commercial customers. (470)
The on-street parking analyses in the DEIS do not analyze the 6-7 PM
time period, in spite of the fact that this is when many local residents
return home from work. They do not take into consideration the impact
that pre-game on-street parking by ticket-holders will have on local
residents. (108)

Response 12-77:

As discussed in Chapter 12 of the DEIS, it is anticipated that sufficient
parking capacity would be available at off-street facilities to
accommodate all project demand. The analyses of current and future onstreet parking conditions therefore focus on the potential effects of the
loss of curbside spaces from street closures associated with the
proposed project. However, as also discussed in Chapter 12 of the
DEIS, it is anticipated that on-street parking in the vicinity of the project
site would likely be fully utilized during major events at the arena such
as a Nets basketball game. The analyses therefore examine conditions
during the weekday 5-6 PM commuter peak period, and the weekday 78 PM and Saturday 1-2 PM pre-game periods when demand from the
arena would be greatest. While there is the potential for some vehicle
circulation by drivers looking for on-street parking, it should be noted,
that many Nets fans would attend multiple games over the course of a
season (especially season ticket holders) and would quickly become
familiar with the locations of on-street parking, the availability of such
parking in the pre-game periods, and the locations of (and quickest
routes to) off-street parking facilities. (Residents would be even more
familiar with parking conditions near the project site as well as have

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access to on-site residential parking.) In addition, Nets fans purchasing
tickets on-line would also have the option of reserving a parking space
at a specific on-site garage or discounted remote parking facility,
increasing the convenience of parking off-street. These factors are
expected to reduce the number of drivers likely to circulate in search of
on-street parking in the pre-game periods.
Comment 12-78:

The suggestion that DOT extend the “no parking” restrictions until 8
PM will make it hard for businesses and restaurants to survive. The
“Traffic Operational Improvement” for Atlantic Avenue will only
benefit cars and trucks passing through the area. Customers, suppliers,
pedestrians, and business owners will all have a more difficult time
reaching their destinations, parking, loading, and unloading. (102, 103,
183)
Residents and local businesses are already negatively impacted by the 4
PM to 7 PM parking ban on Atlantic Avenue. (31)

Response 12-78:

The mitigation proposals would extend the parking restrictions for an
additional hour. Any potential loss in patronage associated with the
additional parking restrictions would likely be off-set by the proposed
project’s introduction of new residents, workers, and visitors to the site
for many businesses.

Comment 12-79:

If the project’s parking is shared between the arena and residential uses,
won’t residents coming home during event hours (when parking will be
taken up by event attendees) end up parking on the street? (206, 349)

Response 12-79:

Sufficient parking capacity would be provided at on-site parking
facilities to accommodate all of the proposed project’s non-arena
parking demand. In addition, a further 1,100 spaces would be available
on-site to accommodate a portion of the demand from the proposed
arena. (Remaining arena demand would be accommodated at off-site
parking facilities.) It is anticipated that many residential parkers would
have reserved monthly spaces that would remain available for their use
during arena events. In addition, it is anticipated that a system for
reserving on-site parking at time of ticket purchase would be
implemented to manage arena parking demand and further ensure that
residential users would not be displaced. Additional discussion of this
issue has been incorporated in Chapter 12 of the FEIS.

Comment 12-80:

The project will only fill about one third to one half of the need for new
parking spaces that will be created. (42, 152, 226, 250, 354, 484, 509,
556)

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The DEIS asserts that reducing the amount of parking will reduce the
number of people who drive to arena events. Such a severe shortage of
parking will encourage people to come early and snap up the spaces,
leaving others to circulate around the arena blocks and the surrounding
residential streets, making gridlock worse. (312)
There will be a lack of parking. More parking needs to be built. (465,
504, 543)
Response 12-80:

Chapter 12 of the EIS includes a detailed quantitative analysis of future
parking conditions with the proposed project (both the commercial
variation and the residential variation). As shown in the analysis, the
proposed project would include sufficient off-street parking capacity to
fully accommodate all project-generated parking demand in the
weekday AM and midday peak periods. During weekday evening and
weekend afternoon Nets basketball games, sufficient parking capacity
would be available both on-site and at existing public off-street facilities
within ½-mile of the arena to accommodate all project demand.

Comment 12-81:

With regard to parking, the DEIS provides a study area of only onequarter mile from the project site. As the demand for on-street parking
by visitors to the development and arena are likely to overwhelm onstreet parking and displace local residents and establishments, the FEIS
should expand the study area for on-street parking to within one-half
mile of the proposed project. (12)

Response 12-81:

As discussed in Chapter 12 of the DEIS, as sufficient off-street parking
capacity would be available both on-site and at existing off-site public
facilities to accommodate all project parking demand in all peak
periods, no significant impacts to parking conditions would result from
implementation of the proposed project. However, as acknowledged in
the EIS, on-street parking in the vicinity of the project site would likely
be fully utilized during major events at the arena such as a Nets
basketball game. A ¼-mile radius from the project site was selected as
the study area for the on-street analyses as this is the area where projectgenerated demand for on-street parking would likely be most
concentrated.

Comment 12-82:

The DEIS fails to consider the advantages and benefits of permit
parking, which would prevent arena patrons from cruising the adjacent
neighborhoods in search of free parking spaces. Muni-meters in the
permit area would generate municipal parking revenue that could be
ear-marked for mass transit, bicycle, and pedestrian improvement
projects. (102, 314)

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A parking permit system in Downtown Brooklyn should be revisited.
(12, 23, 135, 164, 324, 393)
The impact of the loss of parking on the local community is not
reported, nor is there any mention of the only way to off-set the
competition for spaces, residential parking permits, which are being
studied by NYCDOT. (54)
Residential parking permits should be studied in the EIS and
implemented. (5, 126, 135, 168, 560, 585)
To offset the stated loss of 180 on-street parking spaces in the study
area as well as the likelihood that drivers to the arena would park on the
street if spaces were available, we propose that a residential parking
permit system be instated before construction begins. (108)
The project sponsors must strongly consider coordination with DOT and
other appropriate City agencies to implement a residential parking
program and to reduce the alternate side regulations to protect the
communities surrounding the proposed development from the adverse
parking impacts resulting from this development. (24)
Response 12-82:

The May 2006 Downtown Brooklyn Residential Permit Parking Study,
released by the Downtown Brooklyn Council in conjunction with DOT,
found that residential neighborhoods around Downtown Brooklyn
present unique challenges for implementing a residential parking permit
program, and presents a set of options (one including multi-space
meters) for implementing various forms of such a program. If the City
were to pursue a residential parking permit program, it could solely do
so as a pilot program. Permanent residential parking permit programs
are authorized by specific State legislation. The DEIS does include
detailed quantitative analyses of the proposed project’s potential
impacts to both off-street and on-street parking. As discussed in Chapter
12, “Traffic and Parking,” of the DEIS, as sufficient off-street public
parking capacity would be available both on-site and at existing off-site
public parking facilities to accommodate all project demand in all peak
periods, no significant adverse impacts to parking conditions would
result from implementation of the proposed project. However, on-street
parking in the vicinity of the project site would likely be fully utilized
during major events at the arena such as a Nets basketball game.
Alternative side of the street parking regulations are established to
permit street cleaning by the Department of Sanitation (DSNY).

Comment 12-83:

November 2006

Double-parking along the Atlantic Center retail space is proposed to be
eliminated. How does FCRC expect to enforce this? (54)

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Response 12-83:

As shown in Figure 19-1 in the EIS, the existing 21-foot-wide double
parking lane adjacent to Atlantic Center Mall would be reduced in
width, and Atlantic Avenue would be reconfigured to operate with three
travel lanes and a single 10-foot-wide parking lane in each direction east
of Fort Greene Place. Enforcement of parking regulations is under the
jurisdiction of the City.

Comment 12-84:

The DEIS analysis of on-street parking seems fanciful. It states that the
"utilization of these on-street parking spaces was found to be
approximately 65 percent in the 5 to 6 PM period, 47 percent in the 7 to
8 PM period, and 65 percent in the Saturday 1 to 2 PM period..." For
the DEIS to suggest that in the worst case, more than one-third of onstreet parking spots are available, flies in the face of the real-world
experience of the people living in these neighborhoods. (102, 103, 154,
328)
Two years ago you could find a parking space fairly easily in Fort
Greene. Now people are afraid to drive because they would lose their
parking space. The EIS states there is ample parking when this is simply
untrue. (77, 241, 266, 284)
Table 12-5 that deals with on-street parking utilization indicates current
on-street parking spaces filled to only 65 percent of capacity between 5
and 6 p.m. and 47 percent of capacity between 6 and 7 PM. This is just
not possible and contradicts the recent Residential Parking Urban Study
completed by the Downtown Brooklyn Council, which concluded that
there is inadequate on-street parking to accommodate current
community needs. (24)
The DEIS suggests low 47 percent to 65 percent current utilization rates
for on-street parking in near proximity to the proposed arena. These
numbers are unrealistic. There is so little on-street available parking that
there is competition for double parking spaces between church-goers
and police and fire department workers. Availability has been worsened
by overflow parking from the Atlantic Center Mall. (461)
On Vanderbilt Avenue at the edge of the footprint of the proposed
project, parking is never plentiful as stated in the DEIS. As more and
more properties continue to convert to condos, on-street parking is more
and more scarce. (312)
The DEIS woefully underestimates the existing capacity for on-street
parking and incorrectly assumes the project will have little or no impact.
(324)

Response 12-84:

The estimates of on-street parking supply and utilization reported in the
EIS were based on data collected during extensive field surveys
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conducted in February and March of 2006. They included all blocks
within ¼-mile of the project site. Much of the area surveyed was not
included in the study areas for the Downtown Brooklyn Council’s
Downtown Brooklyn Residential Permit Parking Study.
Comment 12-85:

Creative and progressive solutions to parking must be instituted and
strictly enforced to accomplish the two goals of disincentivizing
vehicular congestion and improving air quality. (37)
Rather than increasing parking, all efforts should be made to discourage
driving into the arena—especially by the large numbers of people who
would be attending special events in the arena. (328)

Response 12-85:

The proposed project’s traffic mitigation plan incorporates a
comprehensive package of travel demand management strategies for
game days designed to reduce the numbers of people who would drive
to a Nets game at the arena. As described in the FEIS, these strategies
include a free-fare transit incentive program and free charter bus service
from park & ride facilities on Staten Island. Discounted parking and
free shuttle buses would be provided at remote parking facilities located
on the periphery of the study area. Although the proposed 3,670 spaces
of on-site parking are needed to accommodate project demand that
would otherwise impact existing parking facilities, it should be noted
that a high-occupancy-vehicle (HOV) restriction of three or more
occupants per car would be enforced for on-site arena parking in order
to discourage single and two-person auto trips.

Comment 12-86:

The DEIS should demonstrate that the parking system, especially the
stacked parking garages will be effective. (111)

Response 12-86:

The use of car-stackers is a proven and effective feature of many
attendant-park facilities throughout the City, and the proposed parking
garages are being designed to conform to all applicable codes and
standards.

Comment 12-87:

The EIS on Page 12-18 shows 18 parking facilities in a ½-mile range of
the arena and goes on to cite the excess capacity. Closer scrutiny shows
that 9 of the 18 parking lots are at the ½-mile mark, or 44 percent of the
total available spots for arena parking. With no mention of a free
shuttle, I doubt that arena visitors will walk a ½-mile to park. (57)

Response 12-87:

While residents and workers would not be expected to walk more than
¼-mile on a regular basis to access parking, it is not unreasonable to
assume that visitors to a Nets game or other major event at the arena
would walk longer distances. An arena is cited in the CEQR Technical

November 2006

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Manual as an example of a land use with parking demands that would
often extend beyond ¼-mile of the project site. A ½-mile study area was
therefore selected for off-street parking to include those parking
facilities likely to be used by arena demand.
Comment 12-88:

Environmentally friendly shuttle buses should be used to link off-site
parking with the arena. (23)

Response 12-88:

The buses that would be used to shuttle people to and from the remote
parking locations would be required to be compliant with all applicable
environmental codes and regulations. Alternative fuel or hybrid vehicles
would be used for this service.

Comment 12-89:

A comprehensive transportation plan should include congestion pricing
and improved transit capacity and access. (111, 202, 324, 420, 527)
The failure to consider congestion charging in the vicinity of Atlantic,
Flatbush, and 4th Avenues and the Downtown Brooklyn core, as a
serious measure to address traffic load, is a clear shortcoming of the
DEIS. (102, 103)

Response 12-89:

The proposed project includes a major new on-site entrance and internal
circulation improvements at the Atlantic Avenue/Pacific Street subway
station complex. In addition, the traffic mitigation plan proposed in the
FEIS incorporates a comprehensive package of travel demand
management strategies for arena trips that include a free-fare transit
incentive program and free charter bus service from park & ride
facilities on Staten Island, and a high-occupancy-vehicle (HOV)
restriction of three or more occupants per car would be enforced for onsite arena parking in order to discourage single and two-person auto
trips. In addition, congestion pricing has also been incorporated in the
proposed mitigation plan in the form of a surcharge that would be
imposed for on-site arena parking on game days.

Comment 12-90:

There should be off-street loading and unloading areas for arena and
residential development-related truck traffic. (23)

Response 12-90:

Off-street loading and unloading areas would be provided on Site 5 and
the arena block to service the arena and commercial uses on these
blocks. Residential buildings typically do not require off-street truck
loading and unloading facilities.

Comment 12-91:

The cost of parking should be set at a premium to discourage people
from driving to the arena for arena events. A portion of the fees should
be returned to the community. (23, 95)
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Response 12-91:

As part of a comprehensive package of traffic demand management
strategies for game days included in the proposed project’s traffic
mitigation plan, a surcharge would be imposed on game days for on-site
arena parking and adjacent parking facilities controlled by the project
sponsors. HOV parking would not be subject to this surcharge.

Comment 12-92:

Will FCRC pay for residents to park off street, since this will be a new
expense incurred as a result of the project? Why can’t the project
include parking for the current residents? The project makes more
concessions to accommodate anticipated arrival of limousines than to
the residents of Dean Street who will lose their parking and ability to
drive on their local street. What are you doing to create parking for us?
Parking is already very difficult near St. Mark’s Place because we are so
near the commercial corridor of Flatbush Avenue. (57, 492)
Residents, whose on-street parking would be displaced within ¼-mile
of the project site, should be provided free or inexpensive parking in the
project’s off-street parking facilities on event nights. (12)
Residents arriving home during a game would be inconvenienced,
having to either shell out for paid parking or locate free on-street
parking well outside the area. (102, 142, 226)

Response 12-92:

The DEIS acknowledges that it is likely that during an arena event,
much of the on-street parking capacity available in the immediate
vicinity of the arena would be utilized by project-generated demand.
Parking demand would be satisfied by a combination of on- and off-site
parking facilities, and therefore, there would be no significant adverse
parking impacts resulting from the proposed project. It is not the
responsibility of the project sponsors to pay for existing residents to
park off-street or to provide them with off-street parking.

Comment 12-93:

The reduction of 180 on-street parking spaces will result in lost parking
revenue to New York City. Will the project sponsors reimburse the City
for lost parking revenue being shifted to off-street garages? (95)

Response 12-93:

Of the approximately 180 curbside parking spaces that would be
displaced with implementation of the proposed project, only 10 are
metered spaces. Of the up to 100 additional curbside spaces that would
be displaced as a result of operational changes included in the proposed
project’s traffic mitigation plan, approximately 24 are metered spaces.
The project sponsor does not intend to reimburse the City for the lost
parking revenue from these 34 metered parking spaces.

November 2006

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Comment 12-94:

How can a project that intends to introduce a population density of
500,000 people per square mile not have an adverse effect on parking in
the area that surrounds it? (48)
It is ridiculous to believe that adding 17 high-rise buildings will not
cause parking to spill over into our local streets. (57, 417)
Where does event parking overflow go? Numerous local residents have
already been displaced from the parking facility under the Atlantic
Center shopping mall, although original promises included increased
access to off-street parking. (160)
The estimated 23,000 more trips per day will place demands on local
parking that can never be met. (479)

Response 12-94:

As discussed in Chapter 12 of the DEIS, sufficient off-street public
parking capacity would be available both on-site to accommodate all of
the proposed project’s non-arena parking demand. Sufficient parking
capacity would also be available on-site and at existing off-site public
parking facilities to accommodate all demand from a Nets Basketball
game at the proposed arena. Therefore, no significant adverse impacts to
parking conditions would result from implementation of the proposed
project. However, as discussed in the DEIS, on-street parking in the
vicinity of the project site would likely be fully utilized during a Nets
game or other major event at the arena.

Comment 12-95:

The project proposes building 4,000 parking spaces for the project. How
many of these will be for the permanent use of permanent residents and
how many will be set aside for Nets arena game attendees? (160)
Any new residential building should coincide with 40 percent of those
residences having assigned parking spots. (482)

Response 12-95:

As discussed in the FEIS, with full build-out the proposed project would
include approximately 3,670 parking spaces in six on-site parking
garages. Approximately 1,100 of these spaces would be available to
accommodate demand from Nets game at the arena, and the remaining
2,570 spaces would be used primarily to accommodate demand from the
project’s residential and commercial components.

Comment 12-96:

The DEIS estimates that there will be 600 street vacancies even on
game nights. The DEIS mentions nothing substantive about issuing
resident parking permits; it makes no study of the private parking lots
that are likely to crop up along our residential streets, thereby changing
the neighborhood character for the work; and it suggests such
improbable pricing schemes as discounting expensive tickets by a few

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dollars to encourage people to park at MetroTech and take a shuttle bus.
(48)
Off-site parking provides only 596 spaces. Even with the construction
of the parking garages included in the DEIS, more than 600 cars would
not have access to parking within ½ mile radius of the development site.
(88)
New arena-driven, private off-site parking should be prohibited. There
is no discussion about the potential for development of an off-site
parking industry around the project area that could encourage more
people to drive to the site, and further exaggerate already significant
traffic impacts. The developer should work with the Department of City
Planning to ensure that restrictions are put in place to prohibit new
arena driven private parking garage construction within ½ mile of the
site. (37, 87, 102, 126)
Response 12-96:

As discussed in Chapter 12 of the DEIS, as sufficient off-street public
parking capacity would be available both on-site and at existing off-site
public parking facilities to accommodate all project demand in all peak
periods, no significant adverse impacts to parking conditions would
result from implementation of the proposed project. As shown in Table
12-37, during a weekday evening Nets basketball game under the
residential mixed-use variation, approximately 596 spaces would
remain available at off-street public parking facilities within ½-mile of
the arena after accounting for peak demand from the proposed project.
Consideration of a residential parking permit program is beyond the
scope of the proposed project.
In addition to the incentive of a 50 percent discount on parking fees for
fans using the remote garages, it should be noted that there would also
be a three-person high-occupancy-vehicle requirement to park at the onsite parking garages, increasing the attractiveness of the remote facilities
to drivers of vehicles with only one or two occupants. The traffic
mitigation analyses in the DEIS conservatively assume that the remote
parking program would be only 50 percent effective (i.e., that only 250
of 500 spaces would be utilized).
Since there is sufficient off-street parking to accommodate the project’s
parking demand, the proposed project is not expected to significantly
increase demand for new parking facilities in the vicinity of the project
site. In addition, new public parking facilities are not permitted uses in
residential districts.
As discussed in the FEIS, in Phase I of the proposed project, off-street
surface parking for NYPD vehicles would be provided on the site of
Building 15 (Block 1128) until construction of Building 15 begins.

November 2006

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 Chapter 24: Response to Comments

Once the construction of this building is complete in Phase II, parking
for police vehicles would be provided in the below-grade parking
garage on this site.
Comment 12-97:

The change from one-way to two-way streets would require either
widening the street or eliminating on-street parking, both of which are
significant adverse impacts. (232, 345)

Response 12-97:

All locations where proposed changes in street direction would involve
street widening or eliminating on-street parking are disclosed in the
DEIS. As discussed in Chapter 12, street closures and operational
changes are expected to result in a reduction of approximately 180 onstreet spaces (plus an additional 24 spaces of NYPD parking along 6th
Avenue). However, as discussed in Chapter 12, this would not
constitute a significant adverse parking impact based on CEQR criteria.

Comment 12-98:

Figure 12-3 details the locations of all the public parking facilities
within ½ mile of the arena. It shows that there are six facilities in Fort
Greene. In reality, there is only one parking facility in Fort Greene that
is available for residential long-term parking. The others are all used by
other facilities. (121)
One of the DEIS graphics shows 10 parking lots that are currently open
to the public. Out of three in Fort Greene, only one of them is currently
open. The other two have been bulldozed in order to build new
buildings. An the one that is currently open that is located on Lafayette
Avenue, is also scheduled to close and be bulldozed to make a new
theatre as part of the BAM Arts District. So the 1,100 parking spots to
go with the arena will be practically useless because there won't be
enough other parking spots to offset the parking needs of the arena.
(402)
The mapping of parking garages in Prospect Heights is incomplete.
(296)

Response 12-98:

The inventory of off-street parking capacity provided in the DEIS is
based on extensive field surveys originally conducted in November
2004 and updated in January 2006, and reflect all public parking
facilities located within ½ mile fo the arena. The analyses of No Build
and Build parking conditions reflect the anticipated changes in parking
supply associated with development of the BAM Cultural District and
other planned developments in the parking study area. If there were
additional parking facilities in the study area not reflected in the
analyses, such parking would increase the available inventory and
would not affect the analyses or conclusions presented in the DEIS.

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Comment 12-99:

The DEIS solution for local traffic gridlock seems to be to eradicate
many existing parking spaces by rezoning to “No Parking” or “No
Standing.” This is shown in Figure 12-4. (121)

Response 12-99:

The proposed project’s traffic mitigation plan incorporates a wide range
of mitigation measures to address significant traffic impacts. Where
needed, the mitigation plan does include changes to curbside parking
regulations at selected locations to provide additional throughput
capacity. As discussed in Chapter 19 of the EIS, in 2016, mitigationrelated parking restrictions would result in the displacement of
approximately 70 curbside spaces during weekday peak periods, of
which approximately 60 would be located within ¼ mile of the project
site. This is not expected to result in a new significant adverse impact to
on-street parking capacity.

Comment 12-100:

Parking demand is not static. The DEIS offers limited discussion of this
dynamic, instead of asserting how many parking spaces will be required
to supply demand. This is an outdated method of planning
transportation systems: predicting demand, and providing the necessary
supply, without questioning how to influence the demand in the
direction of a desired outcome. The Final EIS should use a supply side
method. (126, 314, 392, 393, 452)

Response 12-100:

The parking analyses in the EIS utilize the methodologies recommended
in the CEQR Technical Manual and reflect the anticipated parking
demand that would be generated by each of the proposed project’s
components. The proposed project’s traffic mitigation plan does
incorporate a package of traffic demand management measures for
game days designed to reduce arena-related auto trips (and by extension
parking demand) at the project site, including HOV restrictions and
parking fee surcharges for on-site arena parking.

Comment 12-101:

The EIS parking analysis is flawed in terms of gauging demand and
considering how to provide parking. (167)
The FEIS should address the supply side of the traffic and parking
equation and provide parking only for the number of vehicles that the
street system will be able to handle—not the 3,800 spaces currently
proposed. (102, 452)

Response 12-101:

November 2006

The EIS parking analyses are based on extensive field surveys, use the
methodologies recommended in the CEQR Technical Manual, and have
been reviewed by NYCDOT.

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 Chapter 24: Response to Comments

Comment 12-102:

The developer should revisit parking supply and demand to provide less
than 3,800 new parking spaces. Local zoning requirements should be
changed to set maximum, rather than minimum, parking space
requirements. (126, 330)

Response 12-102:

The number of parking spaces that would be developed under the
proposed project has been reduced to 3,670 in the FEIS as part of a
reduction in the development program. The parking capacity proposed
for the project site is based on the projected needs of its residential,
commercial and arena components, and the availability of parking at
off-site facilities. Reducing the amount of on-site parking would
potentially result in a deficit of off-street parking capacity in the vicinity
of the project site and increased demand for on-street parking spaces.
Changing local zoning requirements with respect to parking is beyond
the purview of the proposed project.

Comment 12-103:

The interim surface parking lot should be eliminated. It will encourage
arena attendees to drive to the site, have negative impacts on new and
old businesses along Vanderbilt Avenue, and make the area less
attractive and safe. A surface parking lot will hamper NYCDOT plans
to implement traffic calming along Vanderbilt Avenue, and discourage
the commercial redevelopment that is occurring along the street a few
blocks south. The DEIS does not make the case for this lot because even
in the busiest times in 2010, there are 800 vacant parking spaces within
½ mile of the project. (37, 87, 102, 126)
Parking at Interim Lot 1129 should be limited and runoff should use
remote parking. (167)

Response 12-103:

As demonstrated in the EIS parking analyses, without the proposed
1,596 interim parking spaces on blocks 1120 and 1129, there would be a
deficit of off-street parking capacity in the vicinity of the arena during a
weekday or Saturday Nets basketball game in 2010, resulting in a
significant adverse impact to off-street parking conditions and increased
demand for on-street parking spaces during these periods.

Comment 12-104:

Parking should be modeled on the system employed at the Empire State
Building. (135)

Response 12-104:

The Empire State Building does not have any on-site parking, and
persons driving to the ESB use off-street public parking facilities in the
surrounding area. There is sufficient off-street parking capacity in the
vicinity of the proposed Atlantic Yards project site to accommodate all
of its projected demand.

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Comment 12-105:

In the DEIS, off-street parking capacity and utilization leave out 5-6 PM
peak hour data. This is the period when demand should be the highest
and availability the lowest. Without these data, the DEIS may well
misrepresent conditions. (54, 55)

Response 12-105:

The periods selected for the analysis of off-street parking conditions
better reflect periods of peak demand than would the 5-6 PM period.
The periods selected for analysis include the weekday 7 AM period (as
a measure of overnight residential demand), noon (a period of peak
office and retail demand) and the weekday evening period (when
demand from an evening arena event would occur). The Saturday
midday period, when peak retail parking demand would coincide with
demand from an afternoon arena event, is also analyzed. By contrast, 56 PM is a period when office parking demand would typically be
decreasing at the end of the work day, while much of the residential
overnight parking demand and demand from an evening event at the
arena would not yet have developed.

Comment 12-106:

Traffic enforcement is currently sporadic. Cars park three-deep at
Junior’s restaurant and no amount of enforcement moves them. This
will get worse with the proposed project. (349)

Response 12-106:

The staffing levels required for traffic enforcement after implementation
of the proposed project would be determined by the NYPD after
consideration of needs and available resources.

Comment 12-107:

The parking package developed for the Downtown Brooklyn Plan
applies to this project as well and makes the following suggestions:
Implement a residential parking permit program in the neighborhoods
surrounding Downtown Brooklyn, using the same boundaries as the
extended “no authorized permit” zone.
Extend the “no authorized permit” zone to the limits of the primary
study are of the Downtown Brooklyn Traffic Calming Project plus
DUMBO and Vinegar Hill.
Eliminate all on-street parking for agency personnel and make
provisions for off-street parking for agency personnel.
Make more parking available to merchants and local businesses.
Reduce the number of planned parking garage spaces in the current
rezoning by at least 25 percent to discourage induced traffic. (349)

Response 12-107:

November 2006

Restricting government parking permits, making provisions for offstreet agency parking, introducing a residential parking permit program
in and around Downtown Brooklyn, and reducing the number of
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parking garage spaces planned under the Downtown Brooklyn
Development project are all outside the purview of the proposed
Atlantic Yards Arena and Redevelopment project. However, as noted in
the FEIS, parking for NYPD vehicles displaced by the proposed twoway operation of 6th Avenue would be accommodated in an on-site
parking facility. In addition, during periods when there is no Nets game
or other major event scheduled at the arena, parking capacity would be
available at proposed on-site facilities to accommodate parking demand
from patrons of area merchants and businesses.
Comment 12-108:

The Temple of Restoration requires accessibility, especially for our
members who are wheelchair dependent. According to the DEIS, Dean
Street will be congested all but one hour a day. (124)

Response 12-108:

The DEIS discloses that the proposed project would result in significant
adverse traffic impacts along the Dean Street corridor; however, with
implementation of the proposed improvement measures, congregants
would still be able to access the Church. The existing drop-off area in
front of the church would not be affected by the proposed project.

Comment 12-109:

Since the ESDC is already overriding numerous local zoning rules, it
could certainly override minimum parking requirements in favor of
maximum parking requirements. (102)

Response 12-109:

As discussed in the DEIS, the proposed project provides adequate
parking.

Comment 12-110:

The DEIS offers no analysis, or even acknowledgement, of the
existence of alternate side of the street parking restrictions. The
statistics provided in the DEIS about the availability of on-street
parking are seriously flawed. (108)

Response 12-110:

The presence of alternate-side-of-the-street parking regulations in the
study area is reflected in the discussion of on-street parking beginning
on page 12-17 of the DEIS, as well as in Figure 12-4, “On-Street
Parking Regualtions.” The analyses of existing and future on-street
parking utilization in the study area accounts for existing parking
regulations, including alternate-side-of-the-street regulations.

Comment 12-111:

The DEIS anticipates that arena employees, players, coaches, team staff,
and other non-spectator visitors to the arena would generate trips
outside of the immediate pre-game and post-game periods, but the DEIS
does not comment on the parking habits of this group. We would like to

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see the developer and/or management of the arena mandate that these
vehicles park in on-site parking facilities. (108)
Response 12-111:

Tables 12-33 through 12-36 show the 2016 hourly parking demand
throughout the day from each of the proposed project’s components,
and the non-spectator demand from the arena is reflected in these
numbers. As discussed in Chapter 12 of the DEIS, the proposed project
would include sufficient on-site parking to accommodate all of its
projected demand with the exception of fans at a Nets game. Parking
demand from Nets fans would be accommodated both on-site and at
existing off-site public parking facilities. However, the project sponsor
cannot practicably mandate that all arena employees and non-spectator
visitors park on-site.

MITIGATION—TRAFFIC
Comment 12-112:

There are no measures in the DEIS to remediate the destructive impact
on traffic. (23, 262, 282)
There needs to be a serious traffic mitigation plan. (3)
The traffic mitigation solutions offered are insufficient. (5, 474, 475)
Traffic mitigations include simply shifting problems from one
intersection approach to another creating massive gridlock in
Downtown Brooklyn and throughout Central Brooklyn. (10, 411)

Response 12-112:

An extensive traffic mitigation plan incorporating physical roadway
improvements, demand management strategies, recommendations for
improved transit service and traffic operational improvements has been
developed to address significant adverse traffic impacts from the
proposed project. This plan is described in detail in the EIS.

Comment 12-113:

The only travel demand management strategies in the DEIS pertain to
games at the arena, which represents about a third of Atlantic Yards
vehicle trips over a day. (55)

Response 12-113:

Travel demand management strategies focus on reducing trips generated
by the proposed arena given the high auto-mode share (34 to 40
percent) and relatively high numbers of auto trips that would be
generated by a Nets game (approximately 5,500), and the fact that
almost all of these trips would be concentrated in only two peak periods
(pre-game and post-game). The fact that Nets fans would need to
purchase tickets (many via the internet) would also facilitate targeting
such demand management measures to auto-oriented users. The
proposed project incorporates a number of other measures that would
help reduce auto demand from the project’s residential and commercial

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components as well as the arena. These include a major new on-site
entrance and internal circulation improvements at the Atlantic
Avenue/Pacific Street station complex, and secure, indoor parking for
up to 400 bicycles near this proposed new entrance.
As a conservative measure, it is assumed in the DEIS and FEIS that the
demand management strategies (DMS) and remote parking required for
arena basketball games would not be also used for other arena events.
With the imposition of DMS and remote parking mitigation, the
basketball games would still typically generate the highest expected
level of vehicular travel demand for arena events, and thus, would
continue to represent the reasonable worst-case scenario.
The comprehensive traffic management plan included for the Nets
basketball games is made possible because of the project sponsors’
relationship with the basketball team and the nature of basketball games
as an ongoing activity with a high percentage of repeat attendees. Other
arena events would generally be operated by a variety of promoters who
cannot be identified at this time. Marketing and sales efforts for nonbasketball events would generally be carried out by the event promoter,
so that the mechanism for marketing the traffic management measures
would be out of the control of the project sponsors. In addition, the
number of attendees at other events, their mode choice, and their place
of origin would vary widely from event to event, making it difficult to
determine the appropriate traffic management measures for any
particular event. The attendees at the other events are likely to be less
frequent attendees, so the ability to effectively market any traffic
management program to the people who would actually attend is less
certain. As part of arena operations, the project sponsors would provide
the NYPD with a schedule of events and coordinate with NYPD for
appropriate support from the police or traffic control officers during
arena events. In addition, the project sponsors anticipate entering into
arrangements with area garage operators, developing cross-marketing
opportunities with area businesses, and developing other practicable
game day measures that would be available to event promoters, which
would serve to improve traffic flow and parking in the vicinity of the
arena.
Comment 12-114:

Traffic flow at the intersection of Flatbush and Atlantic Avenues should
be completely reconfigured by constructing a below-grade traffic tunnel
on 6th Avenue running from Flatbush to north of Atlantic Avenue. (23)

Response 12-114:

Construction of a roadway tunnel beneath 6th Avenue crossing Atlantic
Avenue would likely be infeasible. Such a tunnel would need to be deep
enough to pass beneath the LIRR tunnel along Atlantic Avenue, and

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would require long approach ramps that would act as a barrier to eastwest vehicular and pedestrian flow. It is also unclear how such a tunnel
would benefit the intersection of Atlantic and Flatbush Avenues, as
much of the traffic at this intersection is through-traffic that would not
necessarily make use of a tunnel providing access to local streets in Ft.
Greene.
Comment 12-115:

Suggestions for reducing congestion on Flatbush include:
•

Eliminating the left turn at Livingston Street and allowing for the
jug handling along Ashland to Lafayette to Schermerhorn might
help;

•

Restricting pedestrian crossing points at Fulton Street and DeKalb
Avenue;

•

Opening the Myrtle Avenue subway station to keep all the new
residents from crossing the street during rush hour; and

•

Discouraging drivers from using Battery Tunnel. (349)

Response 12-115:

Although eliminating the northbound left-turn at the Flatbush
Avenue/Livingston Street intersection would likely facilitate through
traffic flow, this intersection would not be significantly impacted by
project-generated traffic in any peak hour; therefore no projectsponsored mitigation is proposed for this location. Restricting
pedestrian crossings along Flatbush Avenue at Fulton Street and at
DeKalb Avenue was not considered reasonable mitigation given that
these locations are pedestrian access corridors to the Fulton Street
transit/pedestrian mall. Reopening the Myrtle Avenue subway station
would require a substantial construction effort and would likely be of
limited effectiveness at reducing project traffic impacts. Discouraging
drivers from using the Battery-Tunnel is similarly outside the scope of
practicable mitigation for this project.

Comment 12-116:

The DEIS doesn’t explain what the effect of the proposed traffic
mitigations will have on Fort Greene Place between Atlantic Avenue
and Hanson Place, an already overcrowded and congested block due to
the Atlantic Center and Atlantic Mall (24)

Response 12-116:

As indicated in the FEIS, under the proposed project’s traffic mitigation
plan, from 35 to 130 additional vehicle trips would be added to
northbound Ft. Greene Place in each peak hour. To accommodate this
traffic, a new left-turn lane and leading left-turn phase are proposed for
eastbound Atlantic Avenue at Ft. Greene Place. Tables C-11 and C-12
in Appendix C show the expected redistribution of traffic to Ft. Greene

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Place under the proposed traffic mitigation plan. The DEIS presented
similar information pertaining to Ft. Greene Place.
Comment 12-117:

Proposed mitigations are inadequate, for example changes in signal
timing and dollar discounts for Metrocards for fans buying $100 event
tickets will not provide the alleged mitigations. (180)
The inclusion of transit fare discounts and a 400-space bicycle parking
facility is laudable. However, there is the question about whether a
$2.00 price incentive on a round trip transit fare is going to encourage
more people to use transit to relatively expensive arena events. The data
used to come up with the resulting 20 percent reduction in auto trips
may not apply to individual arena events. (126)
The DEIS falsely assumes a $2.00 saving on the transit fare would be a
sufficient offset of the game ticket price to compel auto users to give up
driving. (55)
The principal demand management strategy is to reduce auto trips by
offering a 50 percent discount on Metrocard limited time passes. Auto
users would be more prevalent in the higher price tickets (upwards of
$85 and $105 tickets) and the $2 saving on the Metrocard is less than a
2 percent discount of the total price. The proper application of the price
elasticity would be to provide a 10 percent discount on the Nets ticket
price. (54)

Response 12-117:

As discussed in Chapter 19, “Mitigation,” of the FEIS, the demand
management strategies described in the DEIS have been further
developed and refined to achieve the 20 percent reduction in arena auto
trips. These strategies include the transit fare incentive program (which
has been expanded to provide free round-trip transit fares targeted to
auto-oriented fans in areas accessible by transit); free charter bus service
to the arena from park and ride facilities on Staten Island; on-site highoccupancy-vehicle parking requirements; free, secure indoor parking for
up to 400 bicycles at a facility adjacent to the arena; and the crossmarketing of area businesses to reduce pre-game and post-game surges.

Comment 12-118:

Signal timing changes proposed as part of the traffic mitigation plan
have not been reviewed by the appropriate NYCDOT staff. (54)

Response 12-118:

Contrary to the commentor’s statement, all signal timing changes
associated with the proposed project’s traffic mitigation plan were
distributed to all appropriate divisions at DOT, including DOT Signals
Operations, prior to the release of the DEIS.

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Comment 12-119:

The DEIS provides no information on the extent of mitigation that is
expected to be achieved by what measure. Why, for example, the
benefit of game-night transit incentives is credited to reducing volumes
at just a few isolated intersections: Clinton/Atlantic in 2016 and
Henry/Atlantic in 2010, and just 3 other places? (54)

Response 12-119:

As discussed in detail on pages 19-7 and 19-27 of the DEIS, the DEIS
traffic mitigation analyses assumed that providing a 50 percent transit
fare discount to Nets ticket purchasers would achieve a 20 percent
reduction in the number of auto trips generated by a weekday or
weekend basketball game. This 20 percent reduction was applied to all
arena auto trips and is therefore reflected at intersections throughout the
study area network where such trips would occur. The intersections
cited in the comment are those locations identified in Tables 19-1 and
19-2 in the DEIS where the reductions in arena trips resulting from the
transit fare discount would be sufficient to fully address all significant
project impacts. At many other locations, the reduced volumes alone
were not sufficient to fully address all significant impacts, and
additional measures were needed as listed in Tables 19-1 and 19-2.
Subsequent to publication of the DEIS, the transit fare incentive was
increased to a 100 percent discount (a free round-trip fare), and a
comprehensive package of demand management strategies was
developed. This is discussed in detail in the FEIS.

Comment 12-120:

The DEIS provides no mitigation for the high hazard Dean and
Vanderbilt intersection. (54)

Response 12-120:

The proposed project’s traffic mitigation plan in the DEIS does propose
changes to signal timing and parking regulations at the intersection of
Vanderbilt and Dean Streets to address significant traffic impacts, and
new high visibility crosswalks would be installed at this intersection to
enhance pedestrian safety, as at most key intersections adjacent to the
project site. This intersection was not called out as a high hazard
location in the DEIS as it experienced only eight reportable accidents
from 2002 through 2004 (compared to 39 at the intersection of Atlantic
and Vanderbilt Avenues, for example). Although further mitigation
measures are not proposed, it should be noted that in 2006, DOT
installed a flush center median with left-turn bays along the Vanderbilt
Avenue corridor from Dean Street to Sterling Place to bring capacity
more in line with demand, reduce vehicle speeds, and improve
operations for cyclists. These improvements are reflected in the No
Build and Build traffic analyses in the DEIS.

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Comment 12-121:

With the implementation of mitigation measures provided in the DEIS,
traffic congestion would be decreased at less than half the impacted
intersections. And even with the mitigation proposed in the DEIS, more
than one-third of the neighborhood intersections surrounding the
development would have significant, prolonged congestion as a result of
development traffic flows and patterns. Sixty-three percent of these
intersections would be operating over capacity at some point during
weekday hours, while a full 88 percent would be operating over
capacity either before or after Saturday games.
The DEIS acknowledges the inadequate scope of these mitigation
measures, stating that more will be provided by the time of the final
EIS. But both SEQRA and CEQRA require that large-scale
development projects provide public opportunity to comment on project
plans and their mitigation measures prior to the final EIS. Withholding
complete mitigation strategies during the public review process or
delaying the completion of such strategies until after the DEIS is
approved is inconsistent with the law. (88)
The impact analysis describes a situation where the majority of
intersections analyzed in the study would suffer from significant
adverse impacts. It goes on to state that “additional measures to further
address all unmitigated significant adverse traffic impacts will be
explored between the DEIS and the FEIS.” It is a serious shortcoming
of the DEIS that it makes no effort to offer mitigations. (108)

Response 12-121:

A broad range of mitigation measures were developed to address the
proposed project’s significant traffic impacts, including physical
roadway improvements, demand management strategies, transit service
recommendations and traffic operational improvements. The DEIS
includes a detailed discussion and assessment of the effectiveness of
these measures, and the public had an opportunity to review and
comment on their adequacy. Additional measures were examined and
the mitigation plan refined between the DEIS and FEIS; however, the
measures set forth in the FEIS are similar to those set forth in DEIS and
do not substantially alter the conclusions found in the DEIS. Mitigation
measures described in a draft EIS are often refined before publication of
a final EIS.

Comment 12-122:

We would like to see the impacts the project causes meaningfully
mitigated. Routing arena and project related truck, auto, and bus traffic
away from Dean Street between 6th Avenue and Vanderbilt would help.
(124)
Parking garage entrances and exits should be placed strategically so that
they draw pedestrian and auto traffic away from our street. (124)
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Response 12-122:

The Dean Street, 6th Avenue, and Vanderbilt Avenue corridors would
all provide direct access to and through the project site and the proposed
on-site parking facilities. It is therefore not feasible to restrict projectgenerated traffic from these corridors. Entrances to the proposed
project’s on-site parking garages have been located to provide the
necessary access to the facilities, to comply with curb cut restrictions on
Atlantic and Flatbush Avenues, and to minimize the potential for
conflicts with traffic and pedestrians. Additionally, an extensive traffic
mitigation plan incorporating physical roadway improvements, demand
management strategies, and traffic operational improvements has been
developed to address significant adverse traffic impacts from the
proposed project. This plan is described in detail in the DEIS.

Comment 12-123:

As conditions before the 2010 and 2016 build years evolve, before and
after studies should be conducted to verify projected conditions. An ongoing traffic monitoring plan should be implemented so that changes in
traffic volumes can be identified and their affect on the area’s traffic
projections analyzed, and plans modified, if necessary. (12)

Response 12-123:

During the first year of arena operations, the project sponsors would
undertake a program to monitor and advise DOT of traffic and
pedestrian conditions at the locations identified in the FEIS as having
unmitigated significant traffic impacts. A similar monitoring program
would be undertaken after full build-out of the proposed project.
Additionally, in accordance with Chapter 19, “Mitigation,” in the FEIS,
the project sponsors would conduct origin/destination and mode choice
surveys of fans attending a Nets game midway through the first Nets
season at the arena. The exact scope of the monitoring program would
be developed in coordination with, and approved by DOT.

Comment 12-124:

The simulation of traffic behavior on the area’s street network is
necessary to serve as a tool for managing it on an on-going basis. The
NYC DOT should develop an area-wide computerized traffic simulation
model that is linked to the Best Practice Model (BPM) managed by the
New York Metropolitan Transportation Council (NYMTC). It would be
used to confirm the effectiveness of all the above and establish a
comprehensive traffic simulation of all changes in land use and the
street network in greater Downtown Brooklyn. (12)

Response 12-124:

Comment noted.

Comment 12-125:

Market testing of demand management techniques needs to continue to
obtain greater confidence in the assumptions and the effectiveness of the

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options, and to assist in the refinement of measures after the FEIS is
completed. (12)
Response 12-125:

As discussed in the FEIS, the demand management strategies included
as part of the proposed project’s traffic mitigation plan would be
monitored to determine their effectiveness at lowering the auto mode
share for a Nets basketball game at the arena. This monitoring would
include origin/destination and mode choice surveys of arena patrons
midway through the first basketball season. Based on the data collected,
the mix of demand management strategies and remote parking could be
adjusted to improve the efficacy of the mitigation.

Comment 12-126:

An overall redesign of traffic patterns at the intersection of Atlantic,
Flatbush and 4th Avenues should be considered. The corner of Ashland
and Hanson Places should be blocked off from Flatbush Avenue to
improve conditions for pedestrians crossing Hanson Place, and
enforcement of “Don’t Block the Box” implemented at the intersection.
Reconfiguration of the intersection as a traffic circle (similar to Grand
Army Plaza) should be considered. Also, left turns from Flatbush
Avenue between Atlantic Avenue and Grand Army Plaza should be
banned – at least during certain busy hours as they are starting to do.
(572)

Response 12-126:

As discussed in Chapter 19 of the DEIS, the proposed project’s traffic
mitigation plan does include a major reconfiguration of the Atlantic
Avenue/Flatbush Avenue/4th Avenue intersection to eliminate a
northbound “triangular constraint” that severely limits the individual
capacities of each of the three major arterials. This reconfiguration
would accomplish many of the same benefits as the measures proposed
by the commentor. Under this reconfiguration, the northbound 4th
Avenue approach to Flatbush Avenue would be eliminated, reducing
traffic through the intersection, including volumes turning onto Hanson
Place/Ashland Place. An all-pedestrian signal phase would also be
implemented at Flatbush Avenue/4th Avenue to provide pedestrians
with a traffic-free period in which to cross all approaches. Additional
pedestrian space would also be provided with the expansion of Times
Plaza into the right-of-way currently occupied by the adjacent
northbound lanes on 4th Avenue.
The proposed project and its traffic mitigation plan would also reduce
the number of permitted left-turns from Flatbush Avenue. The left-turn
from northbound Flatbush Avenue onto Bergen Street would be
eliminated, as would the left-turn from southbound Flatbush Avenue
onto Pacific Street. The conversion of Pacific Street to one-way
eastbound operation (from the current one-way westbound) from 4th

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Avenue to Flatbush Avenue under the proposed traffic mitigation plan
would eliminate the illegal left-turns now made onto the block from
northbound Flatbush Avenue. In addition, under the proposed traffic
mitigation plan, the existing 7 AM to 7 PM left-turn prohibition from
southbound Flatbush Avenue onto Dean Street would be extended to all
times.
MITIGATION—PARKING
Comment 12-127:

Eliminating parking on one side of Atlantic Avenue depending on the
direction of rush hour traffic will not work because it does not currently
work on Flatbush Avenue/Flatbush Avenue Extension by the 911
building. (349)

Response 12-127:

Weekday regulations restricting parking on one side of Atlantic Avenue
depending on the peak direction of traffic have already been
implemented by DOT along much of the corridor, independent of the
proposed project. The mitigation plan only recommends the extension
of the existing weekday 4-7 PM parking restrictions until 8 PM in order
to provide additional capacity to accommodate trips en route to the
arena, and the analysis in the EIS shows that it would be effective in this
regard.

Comment 12-128:

Shuttle services from remote parking lots at MetroTech and western
Atlantic Avenue will likely get stuck in traffic to and from the site.
There is a question that a 50 percent parking price discount would
provide a large enough incentive for people to use this option. (126)
The DEIS does not indicate where alternate parking sites will be
located. (349)
The DEIS should demonstrate that shuttle vehicles to remote parking
will be attractive to users. These vehicles will be subject to the same
congestion issues as others. What are contingencies if these services
fail? (111)

Response 12-128:

November 2006

The proposed project’s traffic mitigation plan includes a variety of
measures to reduce traffic delays within the study area, and it is
anticipated that on game days, police or traffic control officers would be
deployed along critical corridors in the pre-game and post-game periods
to facilitate traffic flow. In addition to the incentive of a 50 percent
discount on parking fees for fans using the remote garages, it should be
noted that there would also be a three-person high-occupancy-vehicle
requirement to park at the on-site parking garages, increasing the
attractiveness of the remote facilities to drivers of vehicles with only
one or two occupants. The traffic mitigation analyses in the EIS
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conservatively assume that the remote parking program would be only
50 percent effective (i.e., that only 250 of 500 spaces would be utilized).
It is anticipated that these spaces would be located at MetroTech and at
Long Island College Hospital.
The proposed remote parking program is one of a number of demand
management strategies designed to reduce auto trips in the vicinity of
the project site. If this strategy is found to be ineffective, it is anticipated
that resources would be reallocated to other measures found more
effective at achieving reductions in auto trips.
Comment 12-129:

The developer should extend the HOV requirements to all lots on the
project site, not only the arena site. HOV restrictions should be required
at any temporary parking that is constructed as part of Phase I. Who will
run this? (126)

Response 12-129:

Of the approximately 1,100 parking spaces that would be available onsite for use by fans at a Nets basketball game in both 2010 and 2016, up
to approximately 500 would be dedicated to suites and premium seating.
It is anticipated that the remaining 600 spaces (55 percent of the total
available) would be subject to the HOV parking requirements included
as a demand management strategy in the proposed project’s traffic
mitigation plan. All on-site facilities would be under the control of the
project sponsors, who would be responsible for implementing the HOV
restriction.

Comment 12-130:

Even when the 3,800 planned spots are added to the limited, available
off-street and on-street metered parking, the mitigation measures
provided by the DEIS are inadequate to satisfy the parking demand that
this project will create. In this area, too, the DEIS is inconsistent with
the mitigation requirements of state law. (88, 345, 384)
The traffic and parking mitigation plans are flawed in their orientation
toward gauging demand, and trying to provide an adequate amount of
supply, rather than genuinely trying to reduce the demand for parking.
(102)

Response 12-130:

Chapter 12, “Traffic and Parking,” of the EIS includes detailed
quantitative analyses of future parking conditions with the proposed
project (both the commercial variation and the residential variation). As
shown in the analyses, the proposed project would include sufficient
off-street parking capacity to fully accommodate all project-generated
parking demand in the weekday AM and midday peak periods. During
weekday evening and weekend afternoon Nets basketball games,
sufficient parking capacity would be available both on-site and at

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existing public off-street facilities within ½ mile of the arena to
accommodate all project demand. As set forth in the DEIS, the proposed
project would not result in significant adverse parking impacts. Thus, no
parking mitigation is required.
The proposed project would be located at Brooklyn’s largest transit hub,
reducing auto trips and related parking demand in comparison to similar
development at locations with less transit access.
Comment 12-131:

The DEIS provides no technical support for the claimed effectiveness of
the proposed reconfiguration of the 4th/Atlantic/Flatbush intersection.
Traffic would be diverted through surrounding neighborhood streets.
(54)
I do not support redirecting traffic from 4th Avenue east on Pacific in
order to pass through Flatbush Avenue. (13, 439)
At the intersection of Flatbush and Atlantic Avenues, crosswalks should
be realigned to run at right angles with streets instead of the current
diagonal crossing. (23)
The traffic abatement plan is ridiculous and doesn’t reflect real world
conditions, especially at the corner of Atlantic and Flatbush Avenues.
(204)

Response 12-131:

November 2006

As discussed in detail in Chapter 19 of the DEIS, the proposed project’s
traffic mitigation plan includes a major reconfiguration of the Atlantic
Avenue/Flatbush Avenue/4th Avenue intersection to eliminate a
northbound “triangular constraint” that severely limits the individual
capacities of each of the three major arterials. The effectiveness of this
proposed reconfiguration is demonstrated in the results of the level of
service analyses provided in Appendix C and summarized in Chapter
19. In addition, detailed traffic simulation of the proposed
reconfiguration was undertaken using the Synchro/SimTrafffic 6.0
software program and reviewed with DOT as a planning tool to consider
the effect of the change within the local street network and along major
corridors. To enhance pedestrian safety, the sidewalk at the northeast
corner of the intersection of Atlantic and Flatbush Avenues was
extended to shorten the crossing distance on the north crosswalk from
seven lanes of traffic to six lanes. The possibility of further realigning
the crosswalks at this intersection was examined in consultation with
DOT, but was not recommended as part of the traffic mitigation plan
due to potential constraints on the amount of reservoir space available
for vehicle queuing.

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Comment 12-132:

To accommodate for all the new school children, there would be an
increase in school buses to drop off and pick up children from school.
These buses would clog the local streets during the hours before and
after school (8-9 AM and 3-4:30 PM), times which were not studied in
the DEIS. (543)

Response 12-132:

Queues of buses serving schools before and after school would be of
relatively short duration and would typically occur only during the
weekday mid-afternoon period (2-3 PM, and not during the peak
periods for commuter or arena demand. In the AM, school buses
typically discharge passengers and depart the site relatively quickly, and
no significant queueing would be expected in the AM hours.

CHAPTER 13: TRANSIT AND PEDESTRIANS
TRANSIT
Comment 13-1:

The proposed arena will cause many problems. The Atlantic Pacific
subway stop does have many lines which could be used, but people
would choose to drive to the arena. (292, 358)
Why place an arena in an area, which is inaccessible? It is faulty
thinking, or purely misleading, to say that people coming to see the
games will take mass transit. (236, 358, 450)
All feasible steps must be taken to make use of public transportation for
visits to the area both practical and attractive. (470)
The DEIS estimates that 75 percent of the workers, residents, and
visitors of Atlantic Yards would use some mode of public transportation
or foot travel because of the area’s close proximity to other
neighborhoods and a major Brooklyn transit hub. But even if those
projections for transit and pedestrian usage were correct, the impacts
from added traffic would still be significant. (88)

Response 13-1:

As discussed in the EIS, the area of the project site is served by one of
the densest concentrations of subway lines in New York City and is the
most accessible area in Brooklyn. Trips en route to and from the
proposed project are expected to use a total of seven subway stations
served by a dozen subway routes. Ten of these routes serve the Atlantic
Avenue/Pacific Street subway station complex that would be located
immediately adjacent to the proposed arena, and development of the
proposed project would include construction of a major new on-site
subway entrance and other internal circulation improvements at this
complex. In addition, the project site is served by 11 NYCT local bus
routes and the Long Island Rail Road. Given its excellent transit access,
it is reasonable to assume that the proposed project would have a
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relatively high transit mode share, and this is reflected in the travel
demand assumptions. It should also be noted that the proposed project’s
traffic mitigation plan includes a comprehensive package of demand
management strategies, many of which are designed to increase the
transit (subway and bus) mode share for travel to a Nets game at the
arena.
The percent transit mode share assumed for the forecast varies by
proposed use. The DEIS does not indicate that 75 percent of the
workers, residents, and visitors of Atlantic Yards would use public
transportation or walk. As shown in Table 12-10 in the EIS, total
weekday AM/PM peak hour transit mode shares (subway, bus and
commuter rail) range from 25 percent for hotel trips to 83 percent for
office trips. Even with this relatively high transit usage, the
development of the proposed project would result in significant adverse
traffic impacts, and these are discussed in detail in Chapter 12 of the
EIS. NYCDOT and NYCT have reviewed and concurred with
transportation planning assumptions used in DEIS
Comment 13-2:

How will the project address the effects on our already strained and
under budgeted mass transit system? Will it be able to accommodate the
increased passenger flows? Mitigations do not include any increase in
capacity. (141, 174, 195, 268, 289, 324, 368, 380, 386, 404, 425, 482,
493, 503, 525, 557, 571, 577, 480, 543, 556, 573)
I often have to let a 2 or 3 train go by because it is too crowded to get
onto, what will happen with tens of thousands more people using that
subway each morning. Not only will it be extremely inconvenient, I
worry about safety. (542)
Public transportation would need to be increased. It is already very
difficult to get on a Manhattan bound 4 or 5 train during the morning
rush hour. At the Nevins Street Station (the stop after Atlantic Ave.), it
is already necessary to wait for several trains to pass before being able
to board. Platforms would be dangerously crowded. (176)
The degree of crowding on the subways that is contemplated would not
encourage the use of the subways to reach the project site. (470)
Crowded trains going into Manhattan are so frequent that they are often
backed up. The proposed project will create worse back-ups. The tracks
cannot handle existing conditions, let alone increased volume. (306)
Adding 18,000 new commuters plus evening arena visitors 240+ nights
a year will utterly overwhelm the system. (239, 284, 289, 306, 311, 340,
382, 420, 461)

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The project’s stated goal of having the majority of Atlantic Yards
visitors travel to the site by public transportation cannot be met by
corresponding and required sevice improvements in the foreseeable
future, making this goal questionable at best. (470)
Increased subway service in southern and eastern Brooklyn is required
urgently to reduce vehicular traffic overall and especially through
Atlantic Yards and Downtown Brooklyn. (470)
The subway system is already overcrowded and cannot handle an
additional fourteen thousand-plus residents. On the B/Q line, the train I
take, it is not uncommon to have to let one or two trains pass because
they are too crowded to get on. How will the subways handle any more
riders? (528)
Response 13-2:

The DEIS includes a detailed subway line haul analysis based on 2005
NYCT passenger counts that show that all subway routes serving the
project site would continue to operate below capacity in the peak
direction in the AM and PM peak hours at their maximum load points in
both the 2010 and the 2016 future with the proposed project. As
described in detail in the EIS, the proposed project would also include a
major new on-site entrance and internal circulation improvements at the
Atlantic Avenue/Pacific Street subway station complex to accommodate
new demand from the proposed project. As also discussed in the EIS,
during the weekday 10-11 PM and Saturday 4-5 PM post-game periods,
when surges of subway trips generated by an event at the arena would
be arriving on the subway platforms, the potential may exist for
crowding on the platforms at the Atlantic Avenue/Pacific Street subway
station complex under certain post-game conditions. Such crowding, if
it were to occur, would constitute a significant adverse impact, which
would be addressed by providing additional subway service (i.e., more
trains) during post-game periods.

Comment 13-3:

As a benchmark of impacts, the DEIS replaces NYC Transit’s
traditional “guideline capacity” of 4 sq ft/passenger for instituting more
service with the term “practical capacity,” which at 3.5 sq ft/passenger
is NYCT’s “crush load.” Even using the “crush load” criteria, the DEIS
is wrong in concluding that no added service is needed. Without more
subway service, at least six lines will severely exceed NYCT’s “crush
loading” standard and nine lines will greatly exceed NYCT’s “guideline
capacity.” (10, 54, 411)
Given riders’ concerns about overcrowding, the use of NYC Transit’s
loading guidelines may not be the best measure of successfully
attracting additional riders and diverting them from auto use and
reducing street congestion. The FEIS should evaluate a comfortable
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level of service for all subway lines through Downtown Brooklyn since
encouraging travel via public transit to and from the arena site and
thereby reducing auto usage is one of the overarching goals of the
project. (12)
Estimates of spare capacity on subways are not substantiated. By
changing the NYC guidelines for space per person the DEIS wrongly
concludes there is no need for additional service. (180)
The use of official NYCT subway loading guidelines to define subway
trains practical capacity limits may understate subway crowding
impacts as understood by everyday straphangers. That’s because the
official loading guidelines give riders only three-square-feet of standing
room during rush hours. The EIS, however, claims that since no V/C
ratio using these guidelines on any subway line exceeds 1, then no
significant subway crowding impact is anticipated. (126)
The DEIS may not be using the correct loading guideline numbers and
should reflect that looming MTA budgetary problems may cause longer
waits and crowding on many subway lines. (126)
The DEIS suggests that 220 people could be jammed onto each car if
necessary. This is totally unrealistic. In addition to being extremely
uncomfortable, it is a public health risk and a safety risk. (119)
Response 13-3:

The DEIS properly used NYCT’s loading guideline of three square feet
per standing passenger. A standard of four square feet per standing
passenger is not used by NYCT. The guidelines used in the DEIS are
MTA Board-approved and are used consistently throughout the system.
The FEIS has been revised to clarify this assumption. Service cuts are
not currently under consideration by the MTA; thus, it would not be
appropriate to reflect them in the analysis.

Comment 13-4:

The configuration of Atlantic Terminal limits the number of trains that
can be dispatched to and from this location. The configuration of the
storage yard should be changed to allow entry and exit by trains
operating in either direction in order to allow improved service to and
from Atlantic Terminal. Peak-hour service could be increased, and it is
conceivable that the LIRR would run additional off-peak or reversepeak trains between Atlantic Terminal and Jamaica on event days, just
as the LIRR now runs trains between Pennsylvania Station and Belmont
Park on race days. (470)

Response 13-4:

With regard to the LIRR, the largest numbers of new peak hour LIRR
trips would be generated by a basketball game at the proposed arena,
and would occur in the off-peak direction (inbound from Long island in
the 5-6 PM and 7-8 PM peak hours, for example). It is therefore

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anticipated that sufficient capacity would be available to accommodate
arena demand, and these new trips are not expected to adversely affect
LIRR line haul conditions. A description of the relocated and improved
rail yard is set forth in Chapter 1, “Project Description.” The proposed
project would not increase the capacity of LIRR operations within the
Atlantic Avenue Terminal; however, the improvements would facilitate
LIRR train access into and out of the terminal.
Comment 13-5:

The line haul analysis is based on a distribution of new riders that
differs sharply from existing ridership patterns. Like everything else in
the DEIS, there is only the vaguest indication of the basis of trip origins,
the faulty 2000 Census and the wrong-headed notion that commuters to
Downtown Brooklyn choose subway lines according to proximity of
destinations, which are all within walking distance, rather than on
proximity of a line to where they live. (54)

Response 13-5:

The assignment of project-generated subway trips was prepared in
consultation with NYC Transit and was based on a variety of sources
including data provided by NYCT, census data, data developed for the
Downtown Brooklyn Development project, and the anticipated
origins/destinations for arena spectators. The proximity of a subway
route to both trip origin and destination was considered in developing
the assignment of subway trips. Detailed data on the anticipated trip
origins for arena spectators by mode are presented in the
“Transportation Planning Assumptions Technical Memorandum”
included in Appendix C.

Comment 13-6:

By severely underreporting (as does the traffic analysis) the future
growth in riders without the project (the No Build Scenario), the DEIS
gives Atlantic Yards an unrealistically generous margin of available
subway capacity for added project trips. (54)
The DEIS assumes an annual growth of subway ridership of only 0.5%
per year, the standard citywide for background growth in average times.
NYC Transit Subway and Bus Rider Surveys report average weekday
subway entries has grown in the last five (pre-boom) years at close to
2% a year from Brooklyn outside Downtown, and in 2004 to 2005
began an upward trajectory of 3.3%, which averages 3% for all
Brooklyn. (24, 54)
The DEIS underestimates the future transit demand by ignoring recent
trends. The DEIS used an annual “background growth rate” of 0.5
percent in estimating future demand, which translates to a cumulative
growth rate of less than 13 percent by the year 2030. This appears to
significantly underestimate transit demand given an examination of
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growth in subway ridership over the last 10 years. If demand for peak
subway travel is just a bit higher than what's forecasted by the DEIS,
subway and platform crowding during peak times could be a real
problem. (102, 324)
Because of all of the new development in Downtown Brooklyn, we
should continue to see an annual subway growth rate of at least three
percent a year for at least the next ten years. This would add thirty
percent growth to passengers entering Downtown Brooklyn, thirty
percent, not the five percent you assumed in the DEIS. This is a major
flaw. (24)
It is not reasonable to assume a 0.5 percent growth rate for the No Build
scenario, especially for the Atlantic Avenue Subway Station. In the
DEIS, Table 13.3 shows that turnstile counts increased 12 percent in
2005 and 13 percent the previous year so the actual historical growth
rate at this stage of ridership is 24 times greater than the growth rate
assumes in the DEIS. (24, 299)
Within the study area, the DEIS reports that subway usage increased a
staggering 16 percent from 2003 to 2005. Yet the DEIS ignores this
historical rate of growth in its forecasts of future trends. (102)
Recent ridership trends indicate higher than anticipated future growth.
(126)
Response 13-6:

November 2006

The transportation analyses in the DEIS assume a 0.5 percent per year
background growth rate for travel demand during the 2006 through
2016 period. This is the growth rate recommended in the 2001 CEQR
Technical Manual to account for background increases in travel demand
for Downtown Brooklyn. However, it is important to note that in
addition to this background growth, the transportation analyses in the
DEIS also reflect the anticipated travel demand from a total of 33
discrete No Build developments in Brooklyn, comprising approximately
6,281 dwelling units, 5.19 million sf of office space, 1.14 million sf of
retail space and 2.43 million sf of other space (community facility,
academic, hotel, court, etc.). These developments were selected for
inclusion as discrete No Build sites based on their size, completion date
and proximity to the project site, and include three recent developments
not reflected in the DEIS but that have been added to the FEIS analyses.
Several developments were included at the request of NYCDOT which
was consulted in developing the list of No Build sites. The estimates of
future travel demand used for the DEIS transportation analyses
therefore reflect not only a 0.5 percent per year background growth rate,
but the demand that would be generated by much of the development
reasonably likely to be developed in and around Downtown Brooklyn
by 2016.
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Comment 13-7:

When the correct No-Build numbers are inserted, every subway line in
the DEIS is well over capacity. In 2004, the MTA told us that the
Downtown Brooklyn subway stations are at saturation. So how do we
make this project work now that we have more accurate numbers? The
MTA must upgrade their switching system and expand the rail yards to
allow for more trains throughout the City. At least one new subway line
must be created that will serve Downtown Brooklyn. (24)
The DEIS doesn’t account for building projects already underway along
the Flatbush and 4th Avenue corridors that also rely on public transport.
(425)

Response 13-7:

The transit analyses in the DEIS considered all development that is
likely to occur in and around Downtown Brooklyn through the 2016
analysis year, and included a 0.5 percent per year growth rate to account
for smaller projects and general background growth, consistent with the
growth rate recommended for Downtown Brooklyn in the CEQR
Technical Manual. The upgrading of the subway switching system, the
expansion of subway rail yards, and the creation of a new subway line
to serve Downtown Brooklyn are all beyond the scope of this project.

Comment 13-8:

The subway planning model that NYC Transit maintains should be
made available for the DEIS. Alternately, the NYMTC transit model
should be used, recalibrated with the latest Brooklyn data and the
elimination of an arbitrary job and population growth ceiling for each
borough. (43, 54)

Response 13-8:

The forecast and assignment of future transit demand used for the EIS
analyses is based on accepted industry standards and criteria, reflects
the proposed project’s location near Downtown Brooklyn and its
accessibility by transit, and was developed in consultation with both the
MTA and NYCDOT.

Comment 13-9:

Tighter frequencies on subway lines will result in severe congestion due
to constraints on existing signal systems. (457)
In order to increase the number of trains on the lines going through the
Atlantic Terminal, the existing fixed-block automatic signal system
would have to be replaced with an advanced moving-block system, such
as Communications-Based Train Control (CBTC). (470)
MTA officials have stated that our subways are currently running at full
capacity, and the current system does not allow for more frequent runs.
Is Mr. Ratner paying for a new signal system for the entire MTA? (57)

Response 13-9:

As discussed in Chapter 13, “Transit and Pedestrians,” of the DEIS, all
subway routes would continue to operate with available peak direction
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capacity in each peak hour with development of the proposed project.
Increasing the frequency of subway service is identified as a way to
address potential platform crowding at the Atlantic Avenue/Pacific
Street subway station complex during the weekday 10-11 PM and
Saturday 4-5 PM post-game peak hours. During these periods, subway
service is typically less frequent than during commuter peak periods,
and increased frequencies could be accommodated within the capacity
limits of the existing signal system. Signal upgrades are not required to
mitigate any adverse impact associated with the project.
Comment 13-10:

The DEIS fails to measure the time period that would likely generate
the greatest amount of transit demand. (102)

Response 13-10:

As discussed in the EIS, the analyses of subway station conditions
include the AM and PM commuter peak hours, and the weekday 7-8
PM pre-game peak hour when new demand at stations serving the
project site would be highest. Although the proposed project would
generate a higher level of new demand during the weekday 7-8 PM pregame peak period (on days when a basketball game is scheduled),
overall demand on the subway and local bus systems is typically lower
during this period than during the commuter peak hours. Therefore, the
analyses of subway line haul and local bus conditions focus on the
weekday 8-9 AM and 5-6 PM commuter peak hours when overall
demand on these systems is typically highest.

Comment 13-11:

The DEIS estimates that the project would add 1,100 additional subway
riders in the AM peak. But there will be 6,900 residential units, and we
have to assume that there will be more than one person living in those
apartments. So if we assume 12,000 new residents, then your number of
1,100 cannot be correct. (24)

Response 13-11:

The reference to the 1,100 additional subway riders is unclear. As
shown in Table 12-28 in the FEIS, it is estimated that the proposed
project’s commercial variation would generate 5,402 new subway trips
in the AM peak hour (4,248 under the project’s residential variation).

Comment 13-12:

The current MTA Capital program will not add to the subway fleet
serving Brooklyn, and given the oft-reported budget crunch facing the
MTA, it's far from certain that the agency's 2009 to 2014 Capital
program would do so either. (102)
Events at the arena will result in gridlock in the streets and a crush of
people on public transportation at a time when the MTA may be acting
on their recently proposed reduction in service due to budget shortfalls.
(116, 484)

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The cost of needed expansion of service should be included in the EIS.
Following the recent announcement by the MTA that subway service
will be cut back, supplemental analysis is needed. (180)
Analysis of the project’s impact on bus crowding and waits does not
account for pre-approved MTA bus service cuts. Under the new
standards, buses will move from a standard of carrying an 80 percent
seated load to a standard of carrying a 125 percent at the most crowded
point on a route. (126)
Response 13-12:

Expansion of the subway fleet and other issues related to funding of
major capital improvement projects under the MTA Capital program
has not been assumed in the DEIS transit analysis. NYCT currently has
no plans to reduce service and will continue to monitor and adjust
service as required and feasible.

Comment 13-13:

Though the DEIS uses Nets games as worst-case scenario, arena
capacity for concerts will be 20,500 seats from 2,500 and 14 percent
greater than the capacity for basketball. Many of these can be expected
to sell out. So it's possible that the worst-case scenario scene outlined in
the DEIS understates the true worst-case scenario. (102)

Response 13-13:

A Nets basketball game with an arena capacity of 18,000 was selected
as a reasonable worst case scenario based on both the frequency of
home games and the relatively high level of travel demand that such
games are expected to generate compared to most other uses. For the
largest concert or other events, additional space for seating could be
available on the arena floor. However, such non-basketball events
(concerts, ethnic shows, general fixed fee rentals, religious/motivational
shows, other sporting events, family shows and community events), are
each expected to occur with less frequency, would often attract fewer
spectators, and would likely generate a lower level of travel demand
than a Nets basketball game. In addition, when such factors as technical
production requirements (stage size and placement, backdrop pieces,
camera platforms, lighting, etc.), sightline restraints, and space
requirements for wheelchair seating are accounted for, the actual
capacity for most events at the arena would be less than the 18,000-seat
capacity for a Nets basketball game. While there is the potential for
additional seating capacity for non-game events (to 19,925 seats if
wheelchair seating is replaced by regular seating), ADA accessibility,
production equipment, and line of sight, operational and staging
requirements would in almost all instances limit attendance at nonbasketball events to well under 18,000. Non-game events are expected
to attract fewer spectators than basketball events, with attendance
ranging from 5,000 persons to 15,000 persons.

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Comment 13-14:

Would the subway platform be unsafe on game days due to
overcrowding?
The DEIS does not provide sufficient data to substantiate the claim that,
“crowding from the platforms at the Atlantic Avenue/Pacific Street
Subway Station complex is not expected to be problematic.” An
additional study needs to confirm this claim with more rigorous
analysis. (24, 214, 299, 393)
No one seems concerned about the predicted “severe crush loads” on
seven subway lines, or the inadequate capacity of platforms to handle
post game commuters or the lack of lawful emergency evacuation plans.
(55, 234)
The EIS should demonstrate that the surges of crowds before and after
arena events will not create hazardous conditions on subway platforms,
stairways, and escalators. (111, 226)
Overcrowding in our subways and trains now in rush hour are ignored
in the document. The document ignores the current crushed conditions.
(26, 179)
The staircases at the Atlantic Avenue/Pacific Street subway station are
narrower than the old ones and at certain points on the platform the
clearance is minimal and dangerous. With the additional residents of the
proposed project, the subway traffic will be rush hour for many hours
outside of rush hour. (214)
The Atlantic Avenue/Pacific Street subway station complex cannot
accommodate the numbers of people that would be using it. (324, 519)

Response 13-14:

November 2006

As discussed in detail in Chapter 13, “Transit and Pedestrians,” of the
EIS, the new on-site entrance and internal circulation improvements
proposed at the Atlantic Avenue/Pacific Street subway station complex
would be adequate to accommodate new project-generated demand at
acceptable levels of service during periods of peak demand in both 2010
and 2016, as would existing analyzed stairways and fare arrays at this
facility. All analyzed stairways and fare arrays at the Bergen Street IRT,
Fulton Street IND, and Lafayette Avenue IND subway stations would
also continue to operate at acceptable levels of service in the future with
the proposed project. The proposed project is also not expected to result
in significant adverse impacts to subway line haul conditions in
Downtown Brooklyn under CEQR criteria. During the weekday 10-11
PM and Saturday 4-5 PM post-game periods, when surges of subway
trips generated by an event at the arena would be arriving on the subway
platforms, the potential may exist for crowding on the platforms at the
Atlantic Avenue/Pacific Street subway station complex under certain
post-game conditions. Such crowding, if it were to occur, would
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constitute a significant adverse impact, which would be addressed by
providing additional subway service (i.e., more trains) during post-game
periods.
Comment 13-15:

The DEIS calls the project transit-oriented development, but no new
transit is provided, nor does it foster connections between the workplace
and the residents - the two criteria the City has used in the past to define
transit-oriented development. (50)
Though the applicant boasts that Atlantic Yards is an example of
“transit oriented development,” no additional surface mass transit is
proposed, nor is any additional rail transit proposed. (55, 206)

Response 13-15:

Providing a new transit service is not necessarily a requirement for
being considered a transit-oriented development (TOD). Many TODs
take advantage of existing transit resources, as would be the case for the
proposed project. The project’s design includes high density, high
quality development within a 10-minute walk of a rail transit station; a
mix of uses in close proximity, including residential, office retail and
civic uses; improved access to transit via the proposed new Urban
Room entrance; improvements to the pedestrian environment including
substantial new open space and widened sidewalks and high visibility
crosswalks; and features to facilitate the use of bicycles for daily
transportation needs including new off-street bike paths and a bicycle
station with secure, indoor parking for up to 400 bicycles in proximity
of the arena and proposed Urban Room subway entrance. All of these
design features are considered characteristics of a transit-oriented
development.

Comment 13-16:

The MTA should consider a trolley loop to bring people to and from the
stadium. Park and ride would be a benefit. (353, 378)
The infrastructure exists to build a trolley loop. (408)

Response 13-16:

The construction of a new trolley line is outside the purview of the
proposed project. However, as discussed in Chapter 19 of the FEIS, as
part of the proposed project’s traffic mitigation plan, a remote parking
program with price incentives and free bus shuttle service for arena
patrons would be established at two parking facilities on the periphery
of the study area. In addition, a free charter bus service would be
implemented to transport Nets fans to the arena from park & ride
facilities on Staten Island.

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Comment 13-17:

The cost of mass transit should be built into the price of a game ticket
and ticket-holders should receive transit tickets with their game tickets.
(23)

Response 13-17:

As discussed in Chapter 19, “Mitigation,” of the EIS, a transit fare
incentive program would be implemented as part of the proposed
project’s traffic mitigation plan. Under this fare incentive program, a
free round-trip subway fare would be provided to Nets ticket
purchasers, targeted to auto-oriented trips in areas accessible by mass
transit.

Comment 13-18:

On game nights there should be a free ferry service between the arena
area and New Jersey. There should also be a free shuttle from the ferry
terminal to the arena. (23, 43)

Response 13-18:

Ferry service between the arena and New Jersey would not be effective
due to the distance between the arena site and the ferry landing at the
foot of Old Fulton Street (approximately two miles) and the availability
of other transit modes. It should also be noted that under the proposed
project’s traffic mitigation plan, free charter bus service would be
provided to shuttle arena patrons between the arena and park & ride lots
on Staten Island. As discussed in Chapter 19 of the FEIS, this service is
also expected to be utilized by some residents of neighboring areas of
New Jersey.

Comment 13-19:

All New York City Transit 5-trains should go to Brooklyn during game
days to increase ridership. (23)

Response 13-19:

Increased weekday evening operation of subway service to Brooklyn
and increased weekend service are recommended under the proposed
project’s traffic mitigation plan. Such increases in service would be
subject to review and approval by the NYCT.

Comment 13-20:

While the commercial mixed-use variation would generate the most
trips during the weekday peak periods, the residential mixed-use
variation would generate the highest number of transit trips leaving the
site during the AM peak period. This is supported on Page 13-87 of the
DEIS. Therefore, transit conditions (especially peak loading) should be
evaluated for the residential mixed-use scenario during the weekday
peaks. (95)

Response 13-20:

Prior to the issuance of the DEIS, a screening analysis was performed to
determine the potential for significant adverse impacts from the
project’s residential mixed-use variation. For this analysis, AM and PM
peak hour project-generated subway trips from the residential mixed-use

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variation were assigned to subway routes serving the project site, and all
were assumed to pass through the maximum load point on each route in
the peak direction, regardless of the actual direction of travel. Even
under this maximum worst case condition, the residential mixed-use
variation would not result in a capacity shortfall on any subway route in
the AM or PM peak hours. No significant adverse impacts to subway
line haul conditions are therefore anticipated under the proposed
project’s residential mixed-use variation in either of these periods.
Comment 13-21:

There should be a LIRR link to Lower Manhattan from the Atlantic
Terminal Station. (218)

Response 13-21:

Providing a new LIRR link to Lower Manhattan from the Atlantic
Terminal station is beyond the scope of this project.

Comment 13-22:

It is unlikely that arena attendees would want to use public
transportation because of safety concerns. How would people who live
in Marine Park, East Flatbush, Gerrittsen Beach, Brownsville, Sunset
Park, East New York, Starrett City, or Cypress Hill get home from an
event without having to wait up to 40 minutes for a subway and then
another half hour on a dark street for a bus which may or may not take
you close to your home? (349)
The assumption that everyone will take mass transit to the arena simply
because there are several subway lines located nearby seems quite
naïve. About one quarter of Brooklyn isn’t served by any subway route
(the southwest portion, including such neighborhoods as Marine Park )
and the northernmost neighborhoods (Greenpoint, Williamsburg, and
Bushwick) are only served by the J/M/Z and L trains that don’t go
anywhere near the proposed areas. (236)

Response 13-22:

The mode split assumptions used to forecast travel demand from the
proposed arena reflect the anticipated origin/destination distribution of
arena spectators and the accessibility of the arena site by transit. As
reflected in Appendix C of the DEIS, the planning assumptions used in
the transportation analyses assumed a substantial auto share from
Brooklyn.

Comment 13-23:

The DEIS takes no account of the likelihood of “smart cards” which
would eliminate swiping and most of the delay at turnstiles. (54)

Response 13-23:

The implementation of “smart card” technology would likely result in a
higher capacity for each subway turnstile. However, the analyses of
subway station impacts in the EIS take a conservative approach by not
assuming the implementation of such technology.
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Comment 13-24:

The justification for dense development around transit hubs cannot be
used for this site because while there is ample transit there is
insufficient spare capacity to support even a development of half this
scale. (180)

Response 13-24:

As demonstrated by the detailed quantitative analyses in the DEIS, with
the exception of one bus route (the B38 in the AM peak hour), subway
stations and subway and bus routes serving the project site would have
sufficient capacity to accommodate project-generated demand.

Comment 13-25:

The regular commuter crush lasts from 5-8 PM and sometimes beyond.
(312)
The DEIS claim that arena and commuter traffic do not overlap is
absurd. (590)
The DEIS defines 7-8 PM as the pre-game subway peak hour, and 5-6
PM as the evening commute subway peak. However, Nets games
currently begin at 7.30 PM, suggesting that many subway trips to the
arena would take place and/or begin during the 6-7 PM hour, where
they will be added to still-significant evening commute demand. (126)

Response 13-25:

In addition to the 8-9 AM commuter peak hour, the subway analyses in
the EIS examine conditions during the 5-6 PM commuter peak hour and
the 7-8 PM peak hour for trips en route to a Nets game at the arena. As
discussed in Chapter 12 of the EIS, Nets games typically start at 7:30
PM or 8 PM, and a 7-8 PM peak hour was therefore selected for the
analysis of the weekday pre-game condition as it is during this period
that residual commuter demand and peak demand en route to a
basketball game or other event at the arena would most likely overlap.
For example, survey data from Madison Square Garden reported in the
August 26, 2003 Madison Square Garden Modal Split Analysis study
(Sam Schwartz LLC) indicate that for a weekday Knicks basketball
game with a 7:30 start time, approximately 71 percent of fans arrive
during the 7-8 PM hour, with 42 percent arriving between 7 PM and
7:30 PM, and 29 percent arriving between 7:30 PM and 8 PM. By
contrast, only 19 percent of fans were found to arrive between 6:30 PM
and 7:00 PM. (It should be noted that for the proposed project’s travel
demand forecast, a conservative 75 percent of Nets fans were assumed
to arrive at the arena during the 7-8 PM peak hour.)

Comment 13-26:

The comparison of the Atlantic station to Madison Square Garden is
unrealistic. The Atlantic station has no large open areas for crowd
management but rather a series of narrow stairways and corridors that
are even now overloaded during rush hours. Dumping thousands of

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arena attendees into this single station will create unmanageable
situations. (461,590)
Response 13-26:

As described in detail in the DEIS, the proposed project would include a
major new on-site entrance and internal circulation improvements at the
Atlantic Avenue/Pacific Street subway station complex to accommodate
new demand from the proposed project. This new entrance would be
located in a large, at least 10,000-sf publicly accessible atrium (the
“Urban Room”) at the southeast corner of Flatbush and Atlantic
Avenues that would provide a place for people to congregate.

Comment 13-27:

Residents in Bay Ridge will be affected by the proposed project. Will
the project increase R train service and create an express N stop at 95th
Street. (352)

Response 13-27:

Neither an increase in R train service nor the creation of an express N
stop at 95th Street are included as part of the proposed project. The
DEIS transit analysis does not indicate that service in Bay Ridge would
be adversely impacted as a result of the proposed project.

Comment 13-28:

All data in the analysis is post September 11, 2001, and may not
actually reflect changes in LIRR transfers at Atlantic/Pacific Stations
once the WTC is fully operational again. An analysis of the percent of
transfers from the LIRR to each of the Atlantic/Pacific Street stations
pre- and post-September 11 should be conducted. NYCTA and LIRR
collect this data. (37)

Response 13-28:

A comparison of the numbers of LIRR-subway transfers at the Atlantic
Avenue/Pacific Street subway station complex pre- and post-September
11, 2001 would not necessarily be indicative of the future numbers of
such transfers as redevelopment of the World Trade Center site
progresses. Factors other than the loss of the World Trade Center have
affected LIRR ridership through Atlantic Terminal in subsequent years.
Along with the estimated demand from a substantial amount of new
development projected to occur in and around Downtown Brooklyn
through 2016, the subway analyses also assume a 0.5 percent per year
growth rate to account for background growth, including long-term
increases in demand attributable to developments outside of the
project’s study area.

Comment 13-29:

New trips entering the Bergen Street Station will add cumulatively to
the additional new trips on the No. 2/3 subway lines at Atlantic Avenue.
This adds to the overcrowding already experienced on these lines. (37)

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Response 13-29:

The analysis of 2010 and 2016 Build subway line haul conditions
includes trips from the proposed project that would board or disembark
Nos. 2 and 3 trains at the Bergen Street station.

Comment 13-30:

The peak load point on the No. 2/3 subway line is Clark Street and
Borough Hall for the 4/5. Though there may be room for the additional
passengers at Atlantic Avenue, the cumulative effect on the next few
stations down the line may make it impossible for those passengers at
the peak load stations to get onto trains. The already tight headways
between trains leaves out the possibility for any additional service to be
added. This accumulation effect is not limited to the IRT; some of the
BMT lines also have this same issue. (37)

Response 13-30:

The commentor is correct that the maximum load point for Manhattanbound Nos. 4 and 5 trains is at Borough Hall in the AM peak hour,
however based on NYC Transit data, the maximum load point for
Manhattan-bound Nos. 2 and 3 trains in the AM is at Atlantic Avenue
as reflected in the subway line haul analyses in the EIS. As
demonstrated in these analyses, all subway routes (IRT, BMT and IND)
serving the project site would continue to operate below capacity in the
peak direction in the AM and PM at their maximum load points in the
2016 Build condition.

Comment 13-31:

When developing the passenger loadings for the No. 3 train, the DEIS
was using a 10-car train configuration. Due to constraints at 148th Street,
the No. 3 runs 9-car trains. Therefore, these estimates have to be
adjusted. (37)

Response 13-31:

The comment is incorrect. No. 3 trains currently operate with a 10-car
configuration.

Comment 13-32:

The DEIS projects that most bus routes serving the project would
generally operate below available capacity, but it makes no mention of
bus speed. With the projected significant adverse traffic impacts
outlined in the DEIS, the B63 route will get even slower, as will many
others surrounding the project site. (102, 470)
The project’s impact on bus speeds must be studied. (126)
Past experience has shown that the MTA/TA has been very slow when
it comes to adjusting services to meet increased demands. Even if that
were not the case, the question is whether it is even possible to offer
increased service. Any additional busses will simply become an
additional congestion factor in an already aggravated situation. (457)

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The DEIS proposes more buses as mitigation for the slowdown in
service. Unfortunately, the DEIS fails to acknowledge that additional
buses would worsen congestion and compound the problem. (102, 126)
Buses in Brooklyn are inadequate and impossibly slow. Adding more
buses seems the logical solution, but it will slow down car traffic. (168,
460, 461)
Response 13-32:

As discussed in the DEIS, traffic congestion and significant adverse
traffic impacts were identified in both 2010 and 2016 at a number of
intersections along corridors used by local bus routes including Atlantic,
Flatbush, 4th and Vanderbilt Avenues, and Dean and Bergen Streets.
Although the proposed project’s traffic mitigation plan would address
many of these impacts, delays to bus travel may still occur, primarily on
routes operating in the vicinity of the arena during the pre- and postgame peak periods on days when a Nets game is scheduled. Additional
buses may therefore be needed during these periods to maintain the
current headways and service schedules. With implementation of the
proposed project, NYCT will evaluate actual field conditions and adjust
bus service frequency to meet its service criteria, within fiscal and
operating constraints. Any such increase in bus service frequency, likely
amounting to one or two buses per hour on any one route, would be
relatively insignificant with respect to increased congestion compared to
the overall numbers of vehicles traversing the study area.

Comment 13-33:

In contrast to the high bus use in Downtown Brooklyn now and in the
Downtown Brooklyn Rezoning FEIS, only 157 inbound riders (2
percent) are expected to be added to the 11 bus routes that come into
Downtown Brooklyn in the AM, and just 110 (1 percent) to take the
reverse trip in the 5-6 PM hour, and just 407 pre-game (3 percent), with
no appreciable effect on available capacity according to the DEIS.
Using historic growth patterns of each line, the addition of Atlantic
Yards bus trips will put 7 out of 10 bus lines over capacity. (54)
Bus ridership gets short shrift in the DEIS compared to the Downtown
Brooklyn Rezoning FEIS. (55)

Response 13-33:

The mode choice assumptions used to forecast bus trips generated by
the proposed project’s non-arena components are similar to those used
for the analyses in the Downtown Brooklyn Development FEIS, which
were developed in consultation with NYCDOT and NYCT. As
discussed in the DEIS, the mode choice assumptions for the arena
reflect the anticipated origin/destination distribution of arena spectators
and the accessibility of the arena site by bus and other modes of transit.
Overall, in 2016 the proposed project would generate an estimated 413
bus trips in the AM peak hour, 699 in the PM peak hour and 525 in the
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weekday 7-8 PM pre-game peak hour. The analyses of local bus
conditions reflect those project-generated bus trips that are expected to
pass through the maximum load point in the peak direction on each
route.
Comment 13-34:

A bus rapid transit program should be implemented on Atlantic Avenue.
(23)
The rapid and high-frequency bus service along Flatbush Avenue
should be fully designed into the project, and the drive-up auto/taxi
access be re-routed and restricted to smaller streets such as 6th Avenue
and Dean Street, or scrapped. (102, 126, 393)
No mention is made of bus advances under study, like Bus Rapid
Transit. (54, 135, 314)
Drop off lanes could hinder NYCDOT’s implementation of Flatbush
Avenue Bus Rapid Transit. The EIS doesn’t consider how the Flatbush
Avenue drop-off lane is supposed to mesh with the current
NYCDOT/NYCT effort that is considering a bus rapid transit line on
Flatbush Avenue. (102, 126)
Bus lanes on Flatbush and therefore bus service to and from the project
site will be significantly disrupted by taxi, limousine, and car traffic
pulling across it to the planned drop-off area. The need for drop off
lanes is not made clear in the DEIS and the one on Flatbush should be
removed. (126)
One of the routes discussed for bus rapid transit in Brooklyn is Flatbush
Avenue. At a minimum, bus-only lanes need to be established and
enforced in the Atlantic yards area, especially on Fulton Street,
Livingston Street, and Flatbush Avenue. (470)
The FEIS should analyze the implementation of a peak hour bus lane
along Flatbush Avenue between Grand Army Plaza and Livingston
Street, similar to the one currently on Livingston Street. Accordingly,
the Bus Rapid Transit (BRT) study consideration of corridor
improvements in this section of Flatbush Avenue should be accelerated.
(12)

Response 13-34:

November 2006

NYCDOT and MTA have recently proposed implementation of a pilot
bus rapid transit program that would include implementation of a route
in Brooklyn along Nostrand, Bedford and Rogers Avenues that does not
traverse the project’s study area. Though studied, there are no present
plans to implement a pilot bus rapid transit program along Flatbush
Avenue.

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The proposed project, including the proposed lay-by lanes adjacent to
the arena block, is not expected to preclude the installation of bus rapid
transit lanes or stops should they be considered in the future. The
purpose of the proposed lay-by lanes adjacent to the arena block is to
provide space for bus stops and curbside pick-up and drop-off activity
that would be generated by the arena and other proposed uses on the
block. Sidewalks would be set back to create these lanes, thereby
maintaining, and in some cases increasing the throughput capacity of
the roadway. For example, the proposed lay-by lane along Flatbush
Avenue would allow for three northbound travel lanes to be maintained
at all times, whereas at present, curbside parking reduces northbound
Flatbush Avenue to two travel lanes in all but the AM peak hour. There
are currently no specific plans to implement bus lanes along Flatbush
Avenue or additional bus lanes on Fulton Street in the vicinity of the
project site. However, both curb lanes along Livingston Street in
Downtown Brooklyn are currently designated as bus lanes, with the
north (westbound) curb lane restricted to buses during the 7 AM to 10
AM period and the south eastbound lane similarly restricted to buses
during the 4 PM to 7 PM period.
Comment 13-35:

The subway line haul analysis shows that the expected increase in
ridership from the proposed project could be accommodated with
unused capacity in the existing service. However, the analysis does not
reflect the numbers of subway trips at study area stations shown in
Tables 13-22 and 13-42 of the DEIS. (470)

Response 13-35:

Tables 13-22 and 13-42 show the total numbers of peak hour subway
trips that would be generated by the proposed project at study area
subway stations. However, as discussed in the DEIS, given the project
site’s location outside of the Manhattan CBD and the anticipated
directions of travel for project-generated trips in each peak period, it is
anticipated that the majority of this new demand would not occur at the
maximum load points in the peak direction of travel. Overall, it is
estimated that approximately 34 percent of peak direction subway trips
generated by the proposed project in 2016 would occur at the maximum
load points on routes serving the project site in the AM peak period, and
31 percent in the PM peak period. This is reflected in the line haul
analyses which examine conditions at the maximum load points.

Comment 13-36:

The project sponsor should study the feasibility of implementing the
following to relieve pressure on the lines going through Atlantic
Terminal: additional trains and signal improvements on the 8th AvenueFulton (A, C) line; express service and signal improvements on the
Culver (F) line from Kings Highway to Jay-Street Borough Hall and
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West 4th Street via the Rutgers Tunnel; and restoration of 6th AvenueBroadway service via the Williamsburg Bridge. (470)
Response 13-36:

As indicated in the DEIS, and in the response above, there is adequate
line haul capacity to accommodate projected demand in the future with
the proposed project. The suggested measures listed in the comment
would not be necessary to address any significant adverse impacts and
would be well beyond the scope of the proposed project.

Comment 13-37:

The proposed project would add demand to the platforms at the 7th
Avenue BMT B/Q station. This station should be included in the
analyses. (481)

Response 13-37:

As discussed in the DEIS, the proposed project would include a major
new on-site entrance and internal circulation improvements to the
Atlantic Avenue/Pacific Street subway station complex, including the
Atlantic Avenue BMT B,Q station. Most project-generated subway trips
on B and Q trains are expected to utilize this new on-site entrance which
would be located immediately adjacent to the arena. In addition,
compared to the 7th Avenue BMT station, the Atlantic Avenue BMT
station is one stop closer to Manhattan, the destination for much of the
peak period commuter demand that would be generated by the proposed
project’s residential components. The CEQR Technical Manual
typically requires a detailed analysis of a subway station when the
incremental increase in peak hour trips totals 200 persons per hour or
more. No such detailed analysis was performed for the 7th Avenue
subway station because the proposed project is not expected to add
appreciable numbers of trips to the station.

Comment 13-38:

Downtown Brooklyn subway stations currently without transfer
capacity need improved connections to support anticipated growth. One
option is to provide a Hoyt Street Connector to and from the Hoyt Street
2 and 3 station and the Hoyt-Schermerhorn A, C and G station. This
passageway is one alternative to provide the missing connection
between the two stations in Downtown Brooklyn. It would also provide
a means for G train riders to transfer to the 2 and 3 trains for direct
access to the “Urban Room.” The proposed passageway would connect
and widen the Livingston Street entrance of the Hoyt-Schermerhorn
station with the Hoyt Street station on Fulton Street, or use the closed
corridor to Macy’s Department Store. (12)

Response 13-38:

As noted in the FEIS, the project site would be accessible by C train via
the Lafayette Avenue IND and Clinton-Washington Avenues IND
stations, and by G train via the Fulton Street IND station. All three of
these stations are less than ¼-mile from the project site. While a new

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two-block-long passageway connecting the Hoyt Street IRT and HoytSchermerhorn Streets IND stations would provide another option for
IND subway riders en route to the project site, it is not necessary to
mitigate a significant subway impact due to the proposed project.
Comment 13-39:

With regard to the Long Island Rail Road, the DEIS does not discuss
operating improvements for LIRR services between Jamaica and
Flatbush Terminal. The FEIS should consider LIRR train frequency.
(12)

Response 13-39:

The LIRR schedule is discussed in Chapter 13, “Transit and
Pedestrians” of the DEIS. The DEIS concludes that there would be
sufficient capacity to accommodate project demand.

Comment 13-40:

Over the last 35 years, the MTA has made significant strides in
improving access for the elderly and physically-challenged, including
making all buses ADA compliant, and developing its Key Station Plan
to make 100 NYC Transit subway stations ADA compliant by 2020.
The Atlantic Avenue/Pacific Street station complex is a Key Station that
is currently ADA-compliant. However, wheelchair bound subway riders
going to Atlantic Avenue station are advised to be in the 6th car on the
4, 5 trains. Therefore, 2 and 3 train riders are advised to change to the 4,
5 train at the Nevins Street Station. The FEIS should analyze
improvements for handicapped elevator access from the platform. (12)

Response 13-40:

All of the platforms at the Atlantic Avenue IRT station are currently
accessible to the mobility impaired via elevators that connect each
platform to the existing concourse below the northen end of the station.
The proposed Urban Room subway entrance would include a new ADA
elevator from street level to a new control area at the south end of the
station. From this location, an ADA-compliant ramp would provide
direct access to the Manhattan-bound 2,3 platform from where mobility
impaired passengers would then have access to other platforms via
elevators to the existing concourse.

Comment 13-41:

The FEIS should examine the creation of a thru-ticketing arrangement
for LIRR riders which enables them to pass through the paid zone for
the subway to reach the Urban Room without payment of a subway fare.
Otherwise, project generated trips via the LIRR would be required to
use the existing entrance to LIRR’s street level concourse on Flatbush
Avenue. (12)
Both a through-ticketing arrangement for LIRR riders and a connection
between the Hoyt Street and Hoyt-Schermerhorn Streets subway

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stations would require re-evaluation of proposed Urban Room
escalators E1 and E2. (12)
Response 13-41:

MTA NYC Transit has indicated that a through-ticketing arrangement
for game days is not feasible with current MetroCard technology. In
addition, it would not be practical to physically separate LIRR
passengers walking through the paid area from subway passengers due
to space and circulation constraints within the station. For the purposes
of the traffic and pedestrian analyses in the DEIS, it is assumed that all
of the LIRR demand would occur on sidewalks and crosswalks
connecting the project site with street-level entrances to the LIRR’s
Atlantic Terminal.
Neither a new connection between the Hoyt Street and HoytSchermerhorn Streets subway stations nor a through-ticketing
arrangement for LIRR passengers is contemplated as part of the
proposed project, nor are they required as mitigation or otherwise under
consideration by NYC Transit.

Comment 13-42:

The State is presently studying the possibility of operating LIRR trains
from JFK Airport and from various points on Long Island to lower
Manhattan, with the use of our rapid transit facilities as a serious option,
further taxing rapid transit services in Downtown Brooklyn. (457)

Response 13-42:

The proposed service between JFK International Airport and lower
Manhattan via Downtown Brooklyn is still in the preliminary planning
stage and is subject to its own environmental review.

PEDESTRIANS
Comment 13-43:

This EIS is not sufficient to move forward because there is no credible
traffic pedestrian model here that shows the results of intersections and
mapping of one way and two lane traffic, closed crosswalks, community
rooms, street crossings, et cetera. (26)
There is no serious plan to create an environment that improves
conditions for pedestrians who would have longer waiting times and
still face multiple dangerous intersections. (202, 241, 262, 527, 563)

Response 13-43:

November 2006

The EIS includes detailed pedestrian level-of-service analyses for key
sidewalks, corner areas and crosswalks in the vicinity of the project site.
These analyses reflect street closures and changes in street direction
proposed as part of the project or as project mitigation. As described in
detail in the EIS, the proposed project would incorporate a range of
measures to improve the pedestrian environment including wider
sidewalks, new high visibility crosswalks and lighting, the elimination

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of some conflicting vehicular movements, a new all pedestrian signal
phase at the Flatbush Avenue/4th Avenue intersection, shortened
crossing distances at certain locations, and a major new on-site entrance
to the Atlantic Avenue/Pacific Street subway station complex which
would eliminate the need for subway riders to negotiate the Atlantic
Avenue/Flatbush Avenue intersection, or cross Atlantic Avenue at other
locations.
Comment 13-44:

The width of sidewalks in the immediate vicinity of the arena should be
tested for adequate pedestrian level of service. (111)
Streets should be narrower. (218)

Response 13-44:

The DEIS includes detailed level of service analyses for all key
sidewalks, crosswalks and corner areas on the project site, including all
sidewalks adjacent to the arena. As demonstrated in the analyses, all
sidewalks adjacent to the arena would operate at acceptable levels of
service in all analyzed peak hours. Narrower streets were typically not
considered for inclusion as part of the proposed project or its mitigation
due to the need to accommodate heavy flows of vehicular traffic in the
vicinity of the project site. However, the arena and other buildings on
the project site would be set back to provide for sufficient sidewalk
space to accommodate the anticipated pedestrian demand.

Comment 13-45:

The amount of “red” time for traffic lights should be increased in the
project area to give pedestrians more time to cross the street. (23)

Response 13-45:

Traffic signals in the study are typically timed to optimize traffic flow
while also providing sufficient time for pedestrians to cross streets.
Allocating additional time to one phase or another to give pedestrians
more crossing time would in many cases adversely affect traffic flow
and progression between intersections. The proposed project’s traffic
mitigation plan does, however, include the introduction of an all
pedestrian phase at Flatbush and 4th Avenues as part of a total
reconfiguration of the Atlantic/Flatbush/4th Avenue intersection.

Comment 13-46:

The EIS does not account for pedestrians from other projects. (234)

Response 13-46:

Pedestrian trips from discrete No Build developments in the vicinity of
the project site, such as Atlantic Center and the redevelopment of the
Williamsburgh Savings Bank building, were accounted for in the No
Build and Build pedestrian analyses, in addition to a 0.5 percent per
year growth rate to account for smaller developments and background
growth.

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Comment 13-47:

The DEIS focuses only on potential safety improvements in close
proximity to the project, but ignores the contribution of Atlantic Yards’
traffic to growth in traffic and pedestrian volumes within the larger
approach area and their impact on both vehicular accidents and
pedestrian safety. (54)
The FEIS should include a pedestrian/traffic safety study, consistent
with any applicable CEQRA/SEQRA thresholds for each intersection
that has an increase in pedestrian and bicycle volumes attributable to
this project, including those not currently disclosed. (12)

Response 13-47:

The DEIS examines accident and safety issues at a total of 20
intersections in the vicinity of the project site. It is at these intersections
where new vehicular, pedestrian and bicycle trips generated by the
proposed project are expected to be most concentrated, and where the
potential for increased conflicts between these modes would be greatest.
The analysis focuses on those intersections with relatively high accident
rates (such as Atlantic/Flatbush Avenues and Atlantic/Vanderbilt
Avenues), as well as locations where the proposed project would alter
traffic flow patterns (Flatbush Avenue/Pacific Street, for example).
Traffic, and especially pedestrian flows generated by the proposed
project, become increasingly dispersed with increasing distance from
the project site. The potential for increased vehicle and pedestrian
conflicts from these new trips would therefore also be lower at
intersections more distant from the project site.

Comment 13-48:

Eliminating crosswalks to accommodate proposed new traffic flow
around the site will lead people to jaywalk across the eliminated
crosswalks, resulting in increased crashes. (54)

Response 13-48:

As described in the EIS, at locations where it is proposed to remove a
crosswalk, such as on Atlantic Avenue at 4th Avenue, decorative fencing
would be installed curbside at the corners to discourage pedestrians
from crossing where there is no crosswalk.

Comment 13-49:

Elimination of the west crosswalk on 4th Avenue at Atlantic Avenue
will force pedestrians to the center island named Times Plaza. What will
be the impact of pedestrians crossing from this island, since many more
pedestrians will be forced there, at the confluence of Atlantic Avenue
and Flatbush Avenue where there will be a higher risk of
automobile/pedestrian accidents. (24, 299)

Response 13-49:

Under the proposed project’s traffic mitigation plan, pedestrian space at
Times Plaza would be substantially expanded to accommodate
increased pedestrian flows, by incorporating the three former

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northbound travel lanes on 4th Avenue. This would also essentially
halve the crossing distances for pedestrians crossing 4th Avenue.
Pedestrians crossing to and from Times Plaza would also benefit from a
reduction in the number of conflicting vehicular movements (due to the
elimination of northbound 4th Avenue traffic), and the implementation
of an all-pedestrian phase signal at Flatbush Avenue/4th Avenue.
Comment 13-50:

The DEIS offers no analysis of the high number of pedestrian casualties
at intersections, nor does it offer any remedy.

Response 13-50:

Data on annual motor vehicle accidents at 20 intersections in the
vicinity of the project site are presented in Chapter 12 of the DEIS,
including historical data on the numbers of pedestrians killed or injured
from 2002 through 2004 at these locations. Existing and future
conditions with the proposed project at high accident locations are
discussed in detail in Chapter 12, “Traffic and Parking,” and a range of
measures to reduce the potential for vehicle and pedestrian conflicts are
presented in Chapter 19, “Mitigation.”

Comment 13-51:

The addition of a new subway access point to facilitate pedestrian
access to the arena does not facilitate access to or from any place else.
Pedestrians will still be unable to across Flatbush or Atlantic or 4th
Avenues without taking their lives into their hands. Indeed, the
proposed development will make the situation worse. (37)
Crossing the intersection at Atlantic Avenue, Flatbush Avenue, or 4th
Avenue now is hazardous. (406)

Response 13-51:

As discussed in detail in Chapter 19 of the EIS, the proposed project’s
traffic mitigation plan would include a major restructuring of the
Atlantic Avenue/Flatbush Avenue/4th Avenue intersection designed to
improve traffic flow and reduce the potential for vehicle pedestrian
conflicts. A new pedestrian plaza would be constructed, some
pedestrian crossing distances shortened, the number of vehicular
movements conflicting with pedestrians would be reduced, and an allpedestrian signal phase would be introduced at Flatbush Avenue/4th
Avenue. In addition, on days when a basketball game or other major
event is scheduled at the arena, police or traffic control officers would
be deployed to this and other locations during the pre-game and postgame periods to minimize conflicts between vehicle and pedestrian
flows to the extent possible.

Comment 13-52:

It is already difficult for pedestrians to cross DeKalb and Myrtle
Avenues to get to Fort Greene Park. Not every intersection has a traffic

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light. The added traffic on these two arteries will make access to the
Park even more perilous. (70)
Response 13-52:

The proposed project is not expected to add appreciable numbers of new
vehicle trips along either Myrtle Avenue or DeKalb Avenue.

Comment 13-53:

Even without the proposed project, the Atlantic Yards site is an area of
high pedestrian and bicyclist fatalities and injuries, primarily because of
the traffic congestion at the intersection of Atlantic Avenue and
Flatbush Avenue, and the close location of a major transit hub. But with
full implementation of the proposed project, there would be a 5-15
percent increase of vehicular traffic at this intersection, as well as a
potential increase of up to 2,700 pedestrian trips during peak weekday
hours. Unfortunately the DEIS makes no attempt to estimate the specific
number of people who would be killed or injured as a result of the vast
additional traffic and lack of adequate parking at or around the project
site. (88)

Response 13-53:

Given the substantial changes to vehicle and pedestrian flow patterns,
and physical changes to the street system, any estimate of the specific
number of people who would be killed or injured after implementation
of the proposed project in 2016 would be highly speculative. As
discussed in detail in the EIS, the proposed project incorporates a
number of design elements to reduce the potential for vehicle and
pedestrian conflicts, including a major new on-site entrance to the
Atlantic Avenue/Pacific Street subway station complex which would
eliminate the need for subway riders to negotiate the Atlantic
Avenue/Flatbush Avenue intersection, or cross Atlantic Avenue at other
locations. As also discussed in the DEIS, sufficient off-street parking
capacity would be available either on-site or in existing parking
facilities within ½-mile of the arena to accommodate all parking
demand from the proposed project.

Comment 13-54:

Page 12-82 deals with the possibility of accidents at the corner of
Atlantic and Flatbush Avenues. It states, “overall, the combination of
new vehicular traffic and substantial numbers of new pedestrian trips on
the crosswalks may increase the potential for vehicle/vehicle and
vehicle/pedestrian conflicts at this intersection, and thereby potentially
increase vehicular and pedestrian exposure to accidents.” If traffic
increases substantially, and the number of pedestrians increases
substantially, doesn’t that definitely increase the potential for conflicts?
It’s possible that it may not actually lead to more accidents, but doesn’t
it definitely increase their potential? (102)

Response 13-54:

Comment noted.

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Comment 13-55:

The DEIS indicates, based on parking signage, a bus route that will be
going west along Pacific Street. As Pacific Street will dead end at
Vanderbilt, which way will the bus turn? Northbound, to contribute to
the Vanderbilt/Atlantic Avenue intersection’s deadly accident rate,
southbound by making a more disruptive accident-creating left hand
turn? The FEIS needs to calculate the effect of this and similar bus
rerouting decisions n local streets, avenues, and intersections. (107)

Response 13-55:

Figure 12-4 in Chapter 12 of the DEIS incorrectly indicated a bus stop
on Pacific Street west of Vanderbilt Avenue. This bus stop should have
been shown on Dean Street. No new bus route is being proposed for
Pacific Street. Figure 12-4 has been revised for the FEIS.

MITIGATION—TRANSIT
Comment 13-56:

The project should consider more stringent measures to increase the
project’s mass-transit orientation, such as fewer constructed parking
spaces and reduction in the extensive set of drop-off zones. (126, 168)

Response 13-56:

The proposed project does include a range of measures to promote and
facilitate transit usage. In addition to a new on-site entrance and internal
circulation improvements at the Atlantic Avenue/Pacific Street subway
station complex, the traffic mitigation plan proposed in the FEIS
incorporates a comprehensive package of travel demand management
strategies for Nets games that include a free-fare transit incentive
program and free charter bus service from park & ride facilities on
Staten Island. Although the proposed 3,670 spaces of on-site parking
(reduced from 3,800 in the DEIS) are needed to accommodate project
demand that would otherwise impact existing off-site parking facilities,
it should be noted that a high-occupancy-vehicle (HOV) restriction of
three or more occupants per car would be enforced for approximately
600 spaces of on-site arena parking for Nets games in order to
discourage single and two-person auto trips. (Approximately 500 spaces
of on-site arena parking dedicated to suites and premium seating would
be exempt from this requirement.) The proposed lay-by lanes are
needed not only to facilitate traffic flow and access to adjacent
residential, commercial and arena land uses, but also to facilitate access
by bus, including NYC Transit buses (which would use the lay-by lanes
along Atlantic and Flatbush Avenues) and charter buses serving the
Staten Island park & ride facilities.

Comment 13-57:

The DEIS has incorporated several elements into the plan that will
encourage use of transit for trips to and from the arena. However, the
real mitigations for the impact of this and other developments in the

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Downtown Brooklyn regional area can only be carried out by the state
and the city. These would include improvements to the capacity of
Atlantic Avenue subway (and overall transit improvements to the
station), roadway/congestion pricing, traffic calming in surrounding
neighborhoods, residential parking permits and other measures beyond
the scope of the developer to implement. (37, 87, 452)
Response 13-57:

The proposed project does include a major new on-site entrance and
internal circulation improvements that would increase the capacity of
the Atlantic Avenue/Pacific Street station complex. However, as noted
in the comment, measures such as congestion pricing and
implementation of traffic calming and residential parking permit
programs in surrounding neighborhoods are beyond the scope of this
project.

Comment 13-58:

On the IRT Brooklyn Line, it would not be possible to terminate trains
at Atlantic Ave. without severely compromising the express service
running through to Utica Avenue. The Flatbush Avenue Line to the
south, in which the present B and Q Lines operate, is further severely
handicapped by a tunnel that was built as a two track line; its expansion
to four tracks would be prohibitively expensive due to the close
proximity of the IRT Lines at that point. (457)

Response 13-58:

Increasing subway service to the Atlantic Avenue/Pacific Street subway
station complex during weekday evenings and on weekends to help
accommodate new arena and residential demand is recommended for
consideration by NYCT. The specific details of any service expansion,
such as where trains would terminate, would be determined by NYCT.

Comment 13-59:

Page 13-47 identifies post-game crowding on subway platforms as a
significant adverse impact, and proposes adding trains as mitigation.
But this may be very difficult, given that the station is not near a
terminus, and that changes to MTA scheduling would be required,
which may be impossible given project MTA deficits. (102, 103)
Need assurances from MTA that mitigation measures such as increased
subway service during the rush hours can be accommodated. (5)

Response 13-59:

MTA/NYCT has indicated that providing additional trains to selected
lines to address potential platform crowding at the Atlantic
Avenue/Pacific Street subway station complex in the post-game periods
would be operationally feasible.
As shown in the DEIS, the subway lines serving the project site would
have sufficient capacity during peak periods.

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Comment 13-60:

The MTA should make the “City Ticket” program permanent, and
extend it to event days, thus encouraging use of the LIRR to go to and
from events at Atlantic Terminal. (470)

Response 13-60:

As described in Chapter 19, “Mitigation,” a comprehensive set of
demand management measures have been developed to mitigate traffic
impacts for arena game events. City-wide programs, such as the “City
Ticket” program, are beyond the scope of the proposed project.

MITIGATION—PEDESTRIANS
Comment 13-61:

The mitigation provides no leading pedestrian intervals (LPI) for
pedestrians. (54)

Response 13-61:

The introduction of leading pedestrian intervals (LPI) was considered in
developing the project’s traffic mitigation plan, but was generally found
to be infeasible as it would often necessitate reducing green time for
traffic movements that are already projected to be congested or subject
to queuing in one or more peak hours. As discussed in Chapter 19,
“Mitigation,” of the DEIS, the introduction of an LPI was considered
for the intersection of Atlantic and Vanderbilt Avenues, but was found
to be infeasible for this reason. Alternative measures to enhance
pedestrian safety at this intersection are proposed in the FEIS, including
the installation of high visibility crosswalks and better lighting, and the
elimination of the eastbound left-turn movement and installation of a
pedestrian refuge on the median of the eastbound approach. It should
also be noted that at the proposed reconfiguration of the intersection of
Atlantic, Flatbush and 4th Avenues (which experienced the highest
numbers of accidents from 2002 through 2004) under the proposed
project’s traffic mitigation plan would include the introduction of an allpedestrian phase at Flatbush and 4th Avenues.

Comment 13-62:

There is no mention of a plan to make pedestrian and bicycle safety
improvements at the following problematic intersections: Atlantic and
Flatbush; Atlantic and 4th Avenue; 4th Avenue and Flatbush; and
Flatbush and Dean. (55)

Response 13-62:

As discussed in Chapter 19 of the DEIS, the proposed project’s traffic
mitigation plan would include a major restructuring of the Atlantic
Avenue/Flatbush Avenue/4th Avenue intersection designed to improve
traffic flow and reduce the potential for vehicle and pedestrian conflicts.
This restructuring would include a new pedestrian plaza (an expanded
Times Plaza). The sidewalk at the northeast corner of Atlantic Avenue
and Flatbush Avenue would be extended to shorten the crossing
distance for pedestrians on the north crosswalk, reducing the number of
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traffic lanes to be traversed from seven to six. The number of vehicular
movements conflicting with pedestrians at Flatbush Avenue/4th Avenue
would be reduced with the elimination of the 4th Avenue approach, and
an all-pedestrian phase would be introduced. The west crosswalk on
Atlantic Avenue at 4th Avenue would be eliminated to avoid conflicts
between pedestrians and the heavy northbound left-turn movement from
4th Avenue. Decorative fencing would be installed curbside at the
northwest and southwest corners to discourage pedestrians from
crossing where there is no crosswalk. The crossing distance for
pedestrians on the north leg of the intersection would be essentially
halved with the westward expansion of Times Plaza.
At Flatbush Avenue and Dean Street, the existing prohibition on
southbound left-turns from Flatbush Avenue to Dean Street would be
extended to all periods reducing the potential for conflicts between
turning vehicles and pedestrians on the west crosswalk. New high
visibility crosswalks and improved lighting would be installed at this
intersection, further enhancing pedestrian safety.
Comment 13-63:

By failing to provide mitigation measures sufficient to minimize the
project’s adverse impacts on pedestrian and bicyclist safety, the DEIS
clashes with the statutory mandate. Furthermore, the project sponsor’s
promise to consider further mitigation measures in the FEIS deprives
the public of its lawful right to review and comment on proposed
mitigation measures, in violation of SEQRA and CEQRA. (88)
The trade-off for increased traffic flow under the proposed mitigation is
diminished pedestrian movement and safety. (55)
Mitigation in the DEIS focuses on increasing vehicle movement through
the area. ESDC should consider pedestrian phases at major
intersections, and striping a pedestrian box through these intersections
that a pedestrian can cross in any direction during the pedestrian phase.
A pedestrian phase would eliminate the stress of crossing various
intersections and may even facilitate vehicle movement through the
intersections when the pedestrian/vehicle conflict is eliminated. Trying
to mitigate traffic impacts by further restricting pedestrian movements
will cause pedestrians to cross illegally, or will discourage walking.
(224)

Response 13-63:

November 2006

Although the proposed project’s mitigation plan includes measures to
accommodate increased traffic flow, it also includes substantial
measures designed to reduce conflicts between vehicles and pedestrians
and enhance pedestrian and bicycle safety. Examples of such measures
include elimination of some vehicle turning movements,
implementation of an all-pedestrian phase at Flatbush and 4th Avenues,
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an expanded median to provide a pedestrian refuge on Atlantic Avenue
(at Vanderbilt Avenue) and installation of new high visibility
crosswalks and lighting at key intersections in the vicinity of the project
site. The proposed project also includes new off-street bicycle paths
through portions of the project’s open space, and a major new on-site
entrance to the Atlantic Avenue/Pacific Street subway station complex
which would eliminate the need for subway riders to negotiate the
Atlantic Avenue/Flatbush Avenue intersection, or cross Atlantic
Avenue at other locations. The DEIS includes a detailed discussion of
these measures, and the public had an opportunity to review and
comment on their adequacy.
Additional measures were examined and the mitigation plan refined
between the DEIS and FEIS; however, the measures set forth in the
FEIS are similar to those set forth in DEIS and do not substantially alter
the conclusions found in the DEIS. Mitigation measures described in a
draft EIS are often refined before publication of a final EIS.
CHAPTER 14: AIR QUALITY
Comment 14-1:

A plan for addressing increased exhaust pollution was not welladdressed in the DEIS. (250)
We are dubious that the project won’t add more cars. Even if that claim
is true, the increased delays at 68 intersections will spew much more
particulate matter into the streets and into our lungs. This is because the
buses and trucks will be idling 45 percent longer at the clogged
intersections. (389)
There is a concern about traffic in terms of pollution. (5, 47, 212, 227,
270, 504, 541, 563)
The proposed project, during construction and afterward, will
exacerbate pollution. The arena will exacerbate the congestion leading
to increased pollution. (307, 349, 453)

Response 14-1:

The analysis of traffic conditions indicates that additional vehicles
would be added to the study area. The air quality analysis presented in
the DEIS assessed the effects of this increased congestion and emissions
due to the additional traffic anticipated to be generated by the proposed
project. This analysis determined that overall increases in pollutant
concentrations, including particulate matter, near affected roadways
would not result in any violations of the National Ambient Air Quality
Standards (NAAQS) or increases exceeding significant impact
thresholds. Therefore the DEIS determined that the operation of the

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proposed project would not result in any significant adverse air quality
impacts.
Comment 14-2:

The DEIS minimizes the increase in the amount of PM2.5 and any
increase is too much because of its link with asthma. (389)

Response 14-2:

The statement is incorrect. The DEIS did not minimize predicted PM2.5
increases. On the contrary, the DEIS conducted a detailed examination
of potential PM2.5 levels from the proposed project, using conservative
assumptions regarding future traffic volumes, engine emissions, and
meteorological and ambient background conditions. These analyses
determined that PM2.5 emissions would not exceed the 15 ton per year
threshold currently used by the New York State Department of
Environmental Conservation (NYSDEC) in assessing the potential
significance of future PM2.5 concentrations from the proposed project.
In addition, the DEIS presented a detailed review of the potential effects
of proposed project on public health, which concluded that no
significant adverse impacts on public health (or asthma) would be
expected as a result of the increases in airborne emissions from
operational activities.

Comment 14-3:

The intersection of Atlantic and Flatbush Avenues was declared a
“pollution hot spot” in the 1970s and again in the 1980s. It still exists
and is worse now than it was then. (349)

Response 14-3:

The previous “hot spot” characterization of the intersection of Atlantic
and Flatbush Avenues was attributable to elevated CO levels at that
location during the 1970s and 1980s. Overall, levels of CO pollution at
intersections, even congested ones, have declined since the 1970s and
1980s due to the use of catalytic converter technologies and cleaner
burning fuels. This trend is expected to continue into the future, as older
model vehicles are phased out and replaced with newer, lower emitting
vehicles. This is demonstrated in the DEIS by comparing existing and
future levels of CO with the proposed project; in almost all cases, the
future CO concentrations with the project are lower than modeled CO
concentrations based on existing conditions.

Comment 14-4:

The DEIS goes to unusual lengths to deny existence of significant air
quality impacts. The Sponsor is obligated to mitigate violations of
NAAQS identified by the SEQRA process, since this is one of the
strategies that New York implemented to comply with the Clean Air
Act. (55)

Response 14-4:

The strategy referred to appeared in the attainment SIP for CO. The
analysis included in the Air Quality Chapter of the DEIS fully analyzed

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the potential for the proposed project to result in significant adverse
impacts, including significant adverse impacts from increased levels of
PM2.5. The analysis concluded that PM2.5 emissions from the proposed
project would not result in any significant adverse air quality impact,
taking into account anticipated HVAC equipment operation, the
locations where maximum concentrations would occur and the future
maximum concentrations as compared to existing monitored
concentrations in New York City. The analysis demonstrated that the
proposed project would not result in a significant adverse air quality
impact and, accordingly, would be deemed not to cause or contribute to
a contravention of the NAAQS.
Comment 14-5:

There is no discussion relative to whether the project will incorporate
emergency electrical generators and if they will be diesel fired or
natural gas units. How many fuel tanks of what capacity will be
required? (108)

Response 14-5:

The comment is incorrect. Chapter 14, “Air Quality,” referenced and
analyzed a 2-MW diesel fuel powered generator that would be located
on the arena block (see pages 14-16 and 14-17 of the FEIS). It is
anticipated that the associated fuel tank would have the capacity of
10,000 gallons.

Comment 14-6:

The issue is not whether the city's overall air quality will fall within
NAAQS standards, but rather the local levels around AY itself. (107)

Response 14-6:

As presented in the DEIS, maximum predicted pollutant concentrations
due to the proposed project, when added to background concentrations
from the nearest monitoring sites in New York City, would not result in
any violations of NAAQS for which the area is designated as in
attainment. The background concentrations used in the DEIS are
considered representative of background concentrations around the
project site.
The air quality analysis presented in the DEIS demonstrates that for all
pollutants other than PM2.5, future concentrations with the proposed
project would be well below NAAQS at receptor locations on the
project site and the surrounding area. The NAAQS are established at
levels that are considered safe for human exposure with a margin of
safety. Currently, New York City is designated as non-attainment for
PM2.5, so any location within the city is considered to be in violation of
the NAAQS. However, maximum predicted increases in PM2.5
concentrations from the proposed project are insignificant, and thus are
deemed not to cause or contribute to a contravention of the NAAQS.

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Comment 14-7:

While the DEIS seeks to dismiss the added pollution that would be
generated by the project as insignificant, its own data, on page 14-31,
reveal that the project’s full build-out would result in an increase in
maximum 24-hour concentrations of mid-size PM10 from 55.5
micrograms per cubic meter of air to 65.2 micrograms per cubic meter
of air at the Dean Street and 6th Avenue receptor site. Moreover, annual
increases in even smaller PM2.5 were projected in the DEIS on page 1434, above state thresholds at a total of 26 locations on the upper floors
of the exterior of three project buildings. These are just two examples of
the added pollution burdens that the Downtown Brooklyn community
would face as a result of the large increases in motor vehicle traffic and
other pollution associated with the over-sized Atlantic Yards
development. (88)

Response 14-7:

The increase in PM10 concentrations is not considered significant since
the maximum predicted future Build 24-hour concentration of 65.2
micrograms per cubic meter (µg/m3) at Dean Street and 6th Avenue is
well below the 24-hour NAAQS of 150 µg/m3. Furthermore, the
analysis is a very conservative prediction of future concentrations since
it assumes the maximum predicted concentration occurs simultaneous
with the maximum background concentration measured over the most
recent three-year period. Regarding the projected PM2.5 concentrations
predicted on project buildings, the comment is erroneous. First, PM2.5
emissions from the proposed project are considered to be insignificant
according to the New York State Department of Environmental
Conservation’s (NYSDEC) PM2.5 guidance since PM10 emissions from
the proposed project would be well below 15 tons per year (see
“Principal Conclusions” on pages 14-1 to 14-2, and Table 14-4 on page
14-17). Second, these increases do not represent significant impacts
since it is anticipated that future occupants of the proposed project
would not be exposed to the maximum predicted concentrations since
the analysis assumes that windows would be open at all times of the
year, a condition that would not occur. In addition, no exceedances of
the short-term or annual PM2.5 significant impact thresholds were found
at the locations of air intake manifolds on the proposed project’s
buildings. Finally, maximum predicted concentrations at off-site
locations would be well below the NYSDEC and New York City
Department of Environmental Protection (DEP) PM2.5 guidance
thresholds. Therefore, the proposed project would not result in any
significant adverse air quality impact to the existing Downtown
Brooklyn community.
Subsequent to the preparation of the DEIS, the program for the
proposed project has been reduced in scope. The revised modeling
results published in the FEIS show that with the revised program there

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are a predicted 13 locations, rather than 26 locations, on the upper floors
of the exterior of two buildings, rather than three buildings, with a
modeled increment in excess of the significant impact threshold of 0.3
µg/m3.
Comment 14-8:

The DEIS relies on the argument that closed windows protect occupants
of indoor spaces from outdoor levels of PM2.5 to explain its
determination that the Project’s PM2.5 impacts are not significant. The
DEIS dismisses the impact of high PM2.5 concentrations on Project and
other buildings because “occupants would not be expected to have their
windows open continuously and be exposed to outdoor concentrations
throughout the year”. As shown in the graph …, which EPA considered
in setting the NAAQS for PM2.5, indoor PM concentration exceeds 8085% of outdoor concentration over much of the PM2.5 size range in the
fall, when windows are generally closed. (55)

Response 14-8:

The commentor presents EPA data attempting to show that 80 to 85
percent of PM2.5 emissions from the proposed project would infiltrate
residential indoor areas during the fall months. However, these
conclusions are misleading. The chart shows infiltration/leakage rates
for older single family homes, which have a much higher air exchange
rate than apartment buildings equipped with central air ventilation
systems. In fact, the same quoted study studied a home with a central
ventilation system, which determined that far lower air exchange rates
occurred, which in turn led to lower levels of PM2.5 as compared to the
outside. Also missing in the chart referenced by the commenter are
measurements during the winter period, which would be expected to
have a lower infiltration/leakage rate. The study supports the assertion
in the DEIS that, on an annual average basis, PM2.5 concentrations from
infiltration/leakage would be anticipated to be much lower at indoor
locations located at the proposed project. Moreover, EPA has defined
air at mechanical air intakes and operable windows as not being
considered “ambient air” since studies such as the one quoted in the
comment show varying ratios between indoor and outdoor pollution
levels.

Comment 14-9:

The DEIS relies on the argument that the EPA-recommended “interim
use of PM10 as a surrogate for PM2.5” in permitting decisions to explain
its determination that the Project’s PM2.5 impacts are not significant.
(55)

Response 14-9:

The DEIS references the PM10 significant impact level (SIL) to
demonstrate that if EPA were considering to permit the facility with
concentrations at the levels predicted for the project, it would not

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require further analysis of PM2.5 and PM10. Actions that would not
violate NAAQS and SILs and that have been determined in the
environmental review process to have no significant impacts are
considered to be permittable from both a federal and state standpoint. In
permitting major stationary sources, EPA and NYSDEC have relied on
the PM10 SIL to determine that a source’s emissions would not cause or
contribute to a contravention of the PM10 and PM2.5 NAAQS.
Comment 14-10:

Sponsor should examine ways of modifying the stack parameters
(height, exit velocity, etc.) or the number and location of stacks to
reduce those impacts. (55)

Response 14-10:

The air modeling analysis included adjustments of stack parameters to
minimize impacts, and made adjustment where feasible to reduce
potential pollutant impacts. These adjustments are reflected in the
analysis presented in the DEIS.

Comment 14-11:

The DEIS claims that the Project causes no significant air quality
impact because “maximum predicted PM2.5 concentration levels are
comparable to ambient levels of PM2.5 measured at various locations in
New York City over the past several years”. Such justifications for not
recognizing significant impacts run contrary to the purposes of the
Clean Air Act and SEQRA. (55)

Response 14-11:

The analysis presented in the DEIS determined that concentrations
exceeding the PM2.5 guidance criteria were predicted to occur at a
limited number of locations, and with limited actual exposure potential.
The concentrations are within the levels experienced at various
locations in New York City. The proposed project would therefore not
result in any exacerbation of the PM2.5 NAAQS violations. The
comment also incorrectly interprets SEQRA and the PM2.5 guidance.
Impacts that exceed guidance thresholds, such as EPA SILs and the
NYSDEC and DEP guidance criteria for PM2.5, are considered to have a
potentially significant impact. These impacts must be evaluated in the
context of the project and its setting, utilizing the criteria established
under SEQRA (see page 14-6 of the DEIS) for making decisions on
whether there would be an impact. As presented in the DEIS, it was
determined that, in accordance with the NYSDEC PM2.5 guidance
policy, the proposed project’s emissions would not exceed the level that
would require further analysis; moreover, the NYSDEC PM2.5 guidance
policy (and DEP’s interim guidance) indicate that impacts exceeding the
PM2.5 threshold criteria are considered to have a potential significant
impact, requiring further review and analysis. This is precisely what
was done in the DEIS.

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Comment 14-12:

It is disingenuous to aver that there will be no impact on air quality
when the DEIS admits that there will be 29 traffic intersections that will
be overwhelmed by AQ and another 39 that might be made a little less
worse. The impact of all the added traffic must be looked at for its local
effect on pollutant concentrations, right where it is being released into
air that is inhaled by those in the vicinity of the implicated traffic. (107)
Although it might not be within the target scope of analysis, the FEIS
should monitor other locations that might be affected by this project.
The FEIS should examine areas such as Lafayette Avenue and Fulton
Street or the Brooklyn Bears Garden. Other intersections include
Washington Avenue and Fulton Streets and where Lafayette Street
transverses St. Felix Street, Carlton Street and Vanderbilt Avenue. It
would be useful to note whether the addition of these locations will
prove to cause a significant adverse impact to the area. (12)

Response 14-12:

As presented in the DEIS, a total of seven intersection locations were
analyzed to determine maximum future pollutant concentrations from
vehicular emission sources. These intersections were selected because
they are the locations in the study area where the largest levels of
project-generated traffic are expected and, therefore, where the
maximum changes in the concentrations would be expected and the
highest potential for air quality impacts would occur. At each of these
intersections, multiple receptors were placed at nearby sidewalk or
roadside locations near intersections with continuous public access. This
demonstrates that the DEIS did indeed predict pollutant concentrations
due to traffic at the nearest locations of public exposure. No significant
air quality impacts from the traffic at these locations were identified,
and no significant adverse impacts would be expected at other locations
that would experience less project-generated traffic.

Comment 14-13:

Provide for cleaning of emissions from underground parking in a
manner and location acceptable to the communities. (37)

Response 14-13:

The air quality analysis presented in the DEIS demonstrated that the
proposed projects parking facilities would not result in any significant
adverse impacts.

MITIGATION
Comment 14-14:

On page 19-46, the DEIS says the proposed project would “not result in
any significant air quality impacts” and therefore no air quality
mitigation is required. But even the very brief description of air quality
impacts above, as well as other public comments on the DEIS, raise
questions as to the adequacy of that conclusion. For example, the DEIS,
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on page 14-34, dismisses its finding of PM2.5 increments exceeding the
State’s pollution guidance based on the logic that exposure would be
limited since occupants of the affected buildings “would not be
expected to have their windows open continuously…” Such
rationalizations offer dubious compliance with the SEQRA mandate for
mitigation of adverse environmental impacts. (88)
Response 14-14:

The DEIS is correct in concluding that the proposed project would not
result in any significant adverse air quality impacts. As presented in the
DEIS, the proposed project’s annual emissions of PM10 would be below
the state’s threshold of 15 tons per year due its use of clean burning
natural gas, and consequently, PM2.5 emissions from the proposed
project are considered to be insignificant. Nevertheless, both the
NYSDEC and DEP interim guidance criteria were used for the purpose
of evaluating the potential significance of predicted impacts of the
proposed project on PM2.5 concentrations. The analysis concluded that
impacts exceeding the PM2.5 annual interim guidance threshold were
found at a limited number of locations, all on the project site. At these
locations, it was determined that maximum predicted future
concentrations would be within the range of PM2.5 concentrations that
currently are experienced in New York City, and that actual exposures
to mobile and stationary source emissions would be lower than modeled
increments. In consideration of these factors, the impacts of PM2.5 are
not considered to be a significant adverse air quality impact to the
environment or the community, and therefore, mitigation is not
required. NYSDEC, on a statewide basis, will examine measures to
reduce emissions of PM2.5 and its precursors in an effort to bring PM2.5
non-attainment areas into compliance with the NAAQS through the
state implementation plan process.

CHAPTER 15: NOISE
Comment 15-1:

A significant number of residents work at home. Noise pollution causes
tiredness and headaches, stress and hypertension, hearing impairment
and is a significant issue affecting reduced productivity and
concentration of day-time workers. (461)

Response 15-1:

Comment noted. While increases in ambient noise levels due to the
proposed project are not desirable, the magnitude of the noise levels
produced by the proposed project would not be expected to cause
reduced productivity and concentration of day-time workers at home in
the project area. As discussed in Chapter 15, “Noise,” the DEIS
disclosed that there would be significant adverse noise impacts from
project operations along certain corridor locations. The noise levels for
existing and future baseline conditions are relatively low and project-

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generated traffic would result in incremental noise increases that exceed
the CEQR impact guidance with the resulting noise levels that fall in the
CEQR “marginally acceptable” and “marginally unacceptable” range,
which is not unusual for New York City residential areas.
Comment 15-2:

The noise pollution that this particular project would create would cause
in the end the loss of hearing for many of because it would be above 85
decibels. Noise over 85 decibels would definitely cause hearing loss.
(391)

Response 15-2:

The proposed project would not result in Leq(1) noise levels above 85
dBA and would not result in the loss of hearing.

Comment 15-3:

People moved to Brooklyn to avoid the noise of Manhattan. The DEIS
admits that noise will be greater and even deafening and offers no
solutions for amelioration. (349, 358, 212)

Response 15-3:

As discussed in Chapter 15, “Noise,” project-generated traffic would
result in exceedances of the CEQR Technical Manual noise impact
criteria and result in significant adverse noise impacts during one or
more time periods at the locations on Flatbush Avenue near Dean
Street, on Dean Street from approximately Flatbush to Vanderbilt
Avenues (including the Dean Playground), and on 6th and Carlton
Avenues from approximately Dean Street to Atlantic Avenue. While the
increases in noise level at these locations would be significant under the
CEQR Technical Manual guidance, they would not be deafening, and
they would not result in significant adverse health impacts (i.e., loss of
hearing). Additionally, as detailed in Chapter 19, “Mitigation,” the
project sponsors have proposed mitigation measures to reduce the
significant adverse noise impacts at residences in the project area.

Comment 15-4:

Property values would be adversely affected as a direct result of
excessive noise (mostly traffic related). (37)

Response 15-4:

No significant reductions in property values are anticipated as a result of
noise impacts from the proposed project, as ambient noise levels would
be comparable to noise levels in many other residential areas in New
York City.

Comment 15-5:

Will Dean Playground be able to continue as a playground with added
noise impacts? (26, 57, 460, 461)

Response 15-5:

The DEIS disclosed that the project would cause significant adverse
noise impacts on the Dean Playground. Nevertheless, the Dean
Playground would be able to continue as a playground. Currently, the
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Dean Playground is primarily an active, rather than a passive activity
playground. The New York City Department of Parks and Recreation
(DPR) currently has plans for the renovation of the playground to
include a little league baseball field with artificial turf and some other
improvements. The ballfield would be located along the Dean Street
frontage. Potential passive areas would be located farther from Dean
Street (along the Bergen Street frontage). Active recreational uses are
not significantly affected by increased noise levels since they are
usually noise generators themselves. Thus, the increase in noise levels
at the playground, due to increased traffic along Dean Street, would not
be expected to significantly affect the playground’s function. Further,
noise levels in this playground would be similar to noise levels in many
other NYC parks and playgrounds located near populated areas. As
discussed in Chapter 19, “Mitigation,” the project sponsors have
committed to work with DPR to contribute to park improvements that
would partially mitigate the significant noise impacts at the park.
Comment 15-6:

The DEIS supposes that “noise from crowds attending events in the
arena would not be expected to be a significant noise source that would
affect ambient noise levels.” Also “people attending events would not
be expected to congregate in any significant numbers on Dean Street or
other relatively quiet streets.” This is highly suspect. Events would
attract large amounts of people that do not live in the neighborbood.
Significant tailgating and congregating would be expected before
events. How would this be monitored? Would there be a “zero
tolerance” policy for tailgating in residential neighborhoods vigorously
enforced by NYPD? The DEIS states, “Any crowd noise surrounding
the arena would be expected to be masked by noise from vehicles on
adjacent streets.” Basically the increased noise levels (already deemed
significantly adverse) would drown out even more noise. (37, 108, 371,
521)
Vehicular traffic will only be one component of noise as arena-goers
will use all possible routes and modes to reach that destination. Street
traffic can become an issue as the arena will create huge crowds of
people congregating to the area. By incorporating an analysis model
which can factor in pedestrian travel, the FEIS will be able to cover
more sources of noise than just vehicular. (12)
It should be analyzed how many new restaurant, bar, and nightclub
goers will emanate from the arena and to what extent this could be a
problem in sensitive residential neighborhoods. The EIS should also
analyze which streets are likely to have significantly increased foot
traffic going to remote parking facilities. (37, 39, 145, 281)

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Response 15-6:

Tailgate parties would not be permitted in any on-site parking facilities
and are illegal on City streets. The proposed project would not be
expected to result in any tailgating or any significant increase in noise
due to people congregating near the project site. The arena block has
been intentionally designed to have mixed-use commercial and
residential buildings flanking the arena with the main arena-related
activities oriented along the commercial corridors of Flatbush and
Atlantic Avenues. The Urban Room would serve as both the main
entrance to the arena and would contain uses that would serve as a
central meeting place. The proposed project would have a local retail
component (approximately 247,000 gsf or 3 percent of the overall
development program) located throughout the 22-acre project site,
mostly to serve the local residential and worker populations.
The DEIS disclosed that the project would result in a large increase in
pedestrian circulation on Dean Street and Atlantic Avenue in the
vicinity of the project site as a result of patrons traveling to and from the
arena and the on-site parking facilities. Noise from crowds attending
events in the arena would not be expected to be a significant noise
source that would affect ambient noise levels. The arena would be an
indoor facility and no noise would emanate directly from it. Most event
attendees would access the arena via Flatbush Avenue (a busy street
which has limited residential land uses), Atlantic Avenue (another busy
street), or the Urban Room. The only entrance on Dean Street would be
for access to preferred seating. People attending events would not be
expected to congregate in any significant numbers on Dean Street or
other relatively quiet streets. There would be no planned activities or
sidewalk vending associated with the arena use on Dean Street. No
queuing would occur on the streets, since all security screening activity
would take place internally. In general, any crowd noise surrounding the
arena would be expected to be masked by noise from vehicles on
adjacent streets, and would not be a major noise source requiring
quantification. With respect to the Dean Street corridor, the DEIS
discloses the potential for significant adverse noise impacts from
project-related traffic, and identifies noise-related mitigation measures.
Off-site parking facilities that would be used by arena demand are
predominantly located to the north and west of the project site along the
Flatbush Avenue and Atlantic Avenue corridors. Pedestrian trips en
route to and from these facilities would be most concentrated in the
vicinity of the project site, and would become increasingly dispersed
with increasing distance from the arena. Most, if not all, Nets fans using
the remote parking facilities that would be established on the periphery
of the study area as a demand management strategy for traffic
mitigation would travel to the arena via a free shuttle bus service
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established by the project sponsors. These trips are, therefore, not
expected to add appreciable amounts of pedestrians or their noise
generation along sidewalks outside of the project site.
Comment 15-7:

Table 15-9 lists 2010 build noise levels. Receptor 3 indicates a 3.1
increase during weekday PM and a 6.8 increase in weekday evening
noise levels. What is causing this? These are significant increases in dB
and further mitigation is needed. Additionally, receptor 5 indicates a 3.5
increase in late night weekdays, and 3.7 and 3.1 increases during
Saturday midday and night. Again, what is causing this? These are
quiet, residential blocks and this increase in noise will greatly reduce
quality of life on these blocks. (108, 371)

Response 15-7:

The absolute noise levels are a function of traffic on adjacent and
nearby streets. The increase in noise levels is based on comparisons of
noise levels with the project to noise levels without the project. In
general, ambient noise levels during late night and weekend analysis
periods are less than ambient noise levels during weekday peak hours.
At locations and time periods where existing noise levels are low, small
increases in project-generated traffic can result in significant increases
in noise levels.

Comment 15-8:

The DEIS should address noise impacts from helicopters flying over
arena during events. (205)
Table 15-1 does not include helicopters. (107)

Response 15-8:

The proposed project would not result in increased helicopter operations
over the project area. The proposed arena would be completely
enclosed, and would not attract overhead flights. The project does not
include any facilities to accommodate helicopter operations.

Comment 15-9:

“Section L” discusses that mechanical systems and equipment (i.e.,
HVAC) will have a noise impact but the studies are only underway. We
should have this data to review before proceeding. (371)
The DEIS notes that mechanical systems and equipment (e.g., HVAC
systems) will have a noise impact but the studies are only underway.
The EIS must include these studies, and propose appropriate mitigation
for adverse impacts. Like parking garage emissions, these systems
should be located in coordination with the proposed projects neighbors.
(108)

Response 15-9:

November 2006

The design and specifications for mechanical equipment such as
heating, ventilation, and air conditioning (HVAC) and elevator motors
have not been finalized; however, this equipment would be designed to
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incorporate sufficient noise reduction devices to comply with applicable
noise regulations and standards, and to ensure that this equipment does
not result in any significant increases in noise levels by itself or
cumulatively with other project noise sources.
Comment 15-10:

The introduction to the Noise chapter acknowledges that “….noise
detracts from the quality of the living environment and there is
increasing evidence that excessive noise represents a threat to public
health.” This statement is a partial truth and is inadequate as a premise
to analyze the noise impacts of the Atlantic Yards project. Actually,
noise does not only detract from the “quality of the living environment,”
it diminishes the quality of life for individuals who are exposed to
noises from their surrounding environment. The wording of this
sentence reveals a failure to fully grasp how noise robs people of a
decent quality of life, as well as being hazardous to their health and
well-being. (55)
A toll that noise takes on the body is the way it can disrupt sleep, which
is needed for physiological repair. Loss of sleep or changes in sleep
patterns can lead to health problems. Noise can have an effect even if no
overt physical ailments are identified in people who complain about
noise. Good health is not merely the absence of symptoms. (55)
Unwanted and uncontrollable sounds below the 85 dBA level, generally
viewed at the level when hearing loss may occur, can impact the body
indirectly through stress. (55)
The DEIS fails to recognize the effects of noise on mental well-being.
When new development fails to address ongoing noise issues and
creates new noise risks, mental distress may be further magnified. (55)
The DEIS underestimates the impacts of noise. Research clearly
demonstrates that noise has an adverse effect on mental and physical
health. The DEIS fails to accurately describe these impacts and doesn’t
adequately define the meaning of “significant noise impacts.” (26)

Response 15-10:

The DEIS assesses noise impacts of the proposed project based upon
impact criteria and methodologies contained in the CEQR Technical
Manual and does not underestimate project noise impacts.

Comment 15-11:

There are errors in the Noise Fundamentals paragraph. It says that if
sufficiently loud, noise may affect people by interfering with various
human activities. There are two errors:
1. Noise does not have to be loud to be bothersome, disturbing, and
distressing; a dripping faucet can prevent one from falling asleep; and

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2. By using “may” to describe the effects of noise on health, the DEIS
minimizes the actual effects of noise on people as documented by the
many studies examining the relationship between noise and health.
The Noise Fundamentals paragraph concludes by cautioning people to
remember “….that all the stated effects of noise on people vary greatly
with each individual.” In this line the DEIS actually dismisses any and
all noise impacts on the mental and physical health of people. Even if
these impacts vary, they are nonetheless impacts. Furthermore, in
discussing variability among individuals with respect to impacts of
noise, the DEIS appears to miss the meaning of the scientific principle
of “significant findings,” which implies that the number affected
warrants concern about the impact of the variable, not that all the people
in a sample were influenced by the variable. In this case the findings can
be generalized to the population that will be exposed to the noises from
the proposed project. By failing to accurately describe the physiological
and psychological impacts of noise, the analysis doesn’t give the reader
the actual meaning of “significant noise impacts.” (55)
Response 15-11:

The DEIS assesses noise impacts of the proposed project based upon
impact criteria and methodologies contained in the CEQR Technical
Manual.

Comment 15-12:

The DEIS does not recognize the difference between sound and noise.
Although sound and noise are used interchangeably, they are defined
differently. It is in the interpretation of sound as being pleasant or
unpleasant or wanted or unwanted that sound is transformed into noise.
Noise is unwanted, unpredictable, and uncontrollable sound. Although
tables such as Table 15-1 speak of Common Noise Levels, it would be
more appropriate to just call the listed dBAs sound levels, recognizing
that as the sound levels increase they may very well be labeled “noise”
because of their intrusiveness and disruption. However, even a sound
measured at a lower level, for example, a dripping faucet, may be called
noise by someone trying to study, read, or fall asleep. Sounds do not
have to be that loud to be disruptive and disturbing, in other words to be
identified as “noises.” (55)

Response 15-12:

In general, noise—in its simplest definition—is unwanted sound. Sound
can be unwanted for a large variety of reasons—because of its intensity
(loudness), tonal character, when it occurs, etc. The definition of
unwanted sound is subjective. The commenter is correct that frequently
sound and noise are used interchangeably. However, for purposes of
assessing noise impacts, following accepted practice and
recommendations in the City’s CEQR Technical Manual, impacts are
determined based upon the change in the intensity (loudness) of the

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sound (noise) level. A brief discussion of the effects of noise on people
was provided in Chapter 15, “Noise” of the DEIS.
Comment 15-13:

The methodology and measurements cited in the DEIS are questionable
and unreliable. For example, in Table 15-6, it appears that all of the
noise receptor locations, except for one, were mid-block and near the
project site. Measurements taken at a greater variety of locations,
including street corners, would be far more useful and accurate.
Sensitive receptors are located throughout the larger study area that
would be negatively affected by traffic, yet most of these are not
monitored in the DEIS. While sensitive receptors are more likely to be
located at mid-block locations, this is not always the case. Louder
noises at intersections are associated with acceleration, braking, and
sirens of emergency vehicles attempting to break through gridlock. (55)
CEQR guidelines require that the microphones for measuring noise be
placed by the most sensitive receptors. This means that where the noise
is the great problem either because it is the loudest or by a school,
residence, library, day care center, park, playground, etc. The receptors
placement chosen in the DEIS is consistently mid-block of the studied
streets, away from intersections. As a result, the most intense noise
produced by vehicle acceleration and the noises from squeaky brakes
seems to have been avoided in the modeling of noise levels. This
distorts the results and the data-collection should be entirely redone.
The receptors seem to have been placed to measure construction noise
rather than traffic noise. (37)
Noise monitoring is not coordinated with the traffic and air quality
analysis. No noise measurements are taken at any of the intersections
identified in the DEIS as having a significant impact. (102, 103)
Traffic impacts are also a noise and quality of life impact and should be
considered as such. The noise impact of acceleration, braking, and
honking is significant. With increased car traffic directly associated with
the proposed project, this impact will increase. Furthermore, due to
timing of lights, it is common for a vehicle, including one of the long
trucks or buses, to nearly completely block the intersection to traffic
traveling in the east-west direction. This particular cause of noise is a
significant worry. (451)
Truck traffic is loud and disruptive to the usually quiet area. (517)
Why have none of the 60 traffic intersections which will have
significant adverse impacts been included in the noise impact analysis?
By this serious omission, the DEIS wrongfully assumes that there will
be no adverse noise impact as a result of additional traffic. The noise

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analysis and selection of receptor sites must be coordinated with the
traffic study. (37)
Though many of the mid-block receptors are located across from
proposed parking lot entrances, additional receptors should have been
placed at the adjacent intersections as well. (102, 103)
Receptors should also have been placed at intersections where
“queuing” would occur. Even though the traffic load wouldn’t
necessarily double, predictably, the average decibel level would
increase with the number of idling vehicles, and the occurrence of peaklevel events, such as car horn honking, sirens, braking and the
occasional booming car-stereo, would correspondingly increase. (102,
103)
A broadening of the noise analysis parameters should also be
considered. For example, the Council for Brooklyn Neighborhoods has
outlined a number of additional ‘noise-sensitive’ areas to accompany
the 12 locations used in the DEIS. It is believed that by gathering more
noise level data, a truer conclusion can be drawn. (12)
Response 15-13:

As explained in Chapter 15, “Noise,” a selection of noise receptor
locations identified areas that were representative of noise-sensitive
receptors, principally residential uses. Mid-block locations were
selected (In general, mid-block receptor locations yield higher project
impacts than corner or intersection locations.) Specific receptor site
locations were selected because they were expected to experience
maximum project impacts from noise compared to No Build conditions.
This is in accordance with standard professional practice for
environmental impact assessment. Sufficient noise receptor sites were
selected, so that potential project noise impacts at all nearby noise
sensitive receptor sites could be assessed. The DEIS has accurately
described the proposed project’s impacts on noise conditions in the
project area, including impacts associated with traffic generated by the
project. The noise analysis performed for assessing project impacts used
methodologies and impact criteria as specified in the CEQR Technical
Manual. The selection of receptor sites is consistent with the
methodologies cited above.

Comment 15-14:

The DEIS uses the FHWA Traffic Noise Model Version 2.5. One must
question whether this model can adequately assess the impact of urban
traffic noise even with the added considerations noted in the DEIS, e.g.,
identifying the shielding provided by rows of buildings, analyzing the
effects of different ground types, etc. This question must be raised. The
adequacy of the model must be questioned because it ignores many
noise generators unique to urban traffic, including braking of cars at red

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lights, honking of horns, and sound enhancing mufflers on motorcycles
and sports trucks. The model, relying on A-weighted scales also ignores
the impacts of the low frequency noises generated by traffic. The World
Health Organization believes that low frequency noise can disturb rest
and sleep. In conclusion, the Traffic Noise Model employed
underestimates the impact of traffic noise even though it concludes that
there will be “significant adverse noise impacts.” (55)
The FHWA Traffic Noise Model (TNM) is inappropriate for
determining noise impact in the given context. The model was
developed to model highway traffic, where the greatest noise comes
from the aerodynamic resistance and the tire noise. Noise engineers
have confirmed that low speed, stop and go traffic in congestion
conditions cannot accurately be predicted by the model. Furthermore,
the model is unlikely to correctly predict the negative effects of sound
reflections created by nearby tall buildings, the so-called canyon effect.
(37, 108)
The FHWA Noise Model’s traffic noise source characterization process
requires the user to supply the volumes and speeds for each vehicle
class for each lane of roadway to be modeled. Using these parameters,
along with algorithms developed from typical vehicle pass-by data, the
program calculates the vehicle noise emission levels for each vehicle
class. The accuracy of the user-supplied traffic parameter, therefore,
affects the final noise level prediction. The DEIS provides no disclosure
of any modeling assumptions. (37)
The TNM doesn’t include honking as a parameter. (37)
It is clear that the DEIS does not analyze noise caused by urban street
traffic, which during congested conditions can be particularly noisy as
cars and trucks constantly stop and go. In fact, a car or a truck
accelerating away from a traffic light produces considerably more noise
than a car or truck passing at a constant speed of 40 or even 50 mph.
(37)
Response 15-14:

The FHWA TNM model is a state-of-the-art model for use in predicting
noise due to vehicular traffic. It has been used throughout the country
for a wide variety of projects to assess impacts of traffic noise,
including for projects within urban areas of the country, and has been
found to be an accurate noise assessment tool. It is one of the approved
analysis techniques recommended for accessing noise impacts for a
project such as the proposed project as noted in the CEQR Technical
Manual. The TNM accounts for noise emissions based on: vehicle type,
vehicular speed, different pavement varieties, vehicles on upgrades,
effects of traffic controls including vehicles accelerating away from:
stop signs, toll booths, traffic signals, and on-ramp start points;
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atmospheric absorption, distance from source to receiver, divergence,
intervening ground effects, shielding due to buildings, structures, noise
barriers and berms, and attenuation due to heavy vegetation. For the
proposed project adjustment factors were developed by comparing field
measured and model predicted values to accurately account for sitespecific conditions. The TNM does not account for non-typical events
such as: the honking of horns, mufflers that have been retrofitted to
make additional noise, or noise generated by emergency vehicles (such
as an ambulance, police sirens, or fire trucks). Unusual events, nontypical events, as well as illegal actions are not typically included in
assessing project impacts.
Comment 15-15:

The DEIS uses old data. Table 15-4 is based on aircraft noise contours
cited by DEP in 1983. Even disregarding the difficulty of generalizing
from aircraft noise contours to noises generated by highway traffic, one
would have to question whether assumptions made in 1983 still hold in
2006. There have been many criticisms in the past 20 years that the
FAA thresholds for defining noise impacts in urban residential areas
had been set too high, namely at the 65 dBA level. Today, the vast
majority of complaints the FAA receives come from residents living
below the 65 dBA contours, underscoring the FAA error in setting 65
dBA as the level. (55)

Response 15-15:

The noise data used to characterize existing ambient conditions in the
vicinity of the project site were collected in March, April, and October
of 2006. These data are not old. The 65 dBA reference level is based on
Table 3-R3 in the 2001 CEQR Technical Manual, which uses that
threshold to identify levels at which urban noise becomes marginally
acceptable general external exposure in residential areas. That reference
level has been used by New York State and New York City agencies for
many years because it is deemed to reasonably reflect resident’s
reaction to ambient noise level. Under the CEQR Technical Manual
methodology used in the DEIS, the determination of significant adverse
impacts is not related to the 65 dBA standard but rather to the
incremental increase in the ambient noise levels resulting from the
proposed project.

Comment 15-16:

The DEIS concludes that noise at some schools in the study area would
fall into the “Marginally Unacceptable category.” Yet, the DEIS fails to
discuss the potential impact of this with respect to reading and learning.
The evidence is overwhelming that outside noises adversely affect
learning in school. Additionally, the increased adverse noise impacts at
residential locations noted in the DEIS will also affect the children
living in these homes, potentially impeding cognitive and language

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development as well as learning skills. These educational losses result
in greater social costs later in life, for example, productivity losses and
needs for health care and social services. The DEIS does not address
these costs in both public and private sectors. (26, 55)
Response 15-16:

The DEIS and FEIS present an analysis of noise impacts from both the
construction and operation of the proposed project. As indicated in these
analyses, no significant noise impacts are predicted at the location of
any existing school and accordingly, the project is not expected to result
in any significant noise-related impact on schools or children’s learning.
As discussed in Chapter 19, “Mitigation,” the project sponsors have
committed to making space available to DOE on the project site east of
6th Avenue for use as a school. As discussed in Chapter 19, the school
would be designed to attenuate outdoor noise so that ambient levels
within the school building would be at acceptable levels.

Comment 15-17:

The plan lacks any attempt to provide specific designs that would
ensure proper soundscaping and noise control in the surrounding street
environment. (37)

Response 15-17:

Chapter 19, “Mitigation,” describes the improvement measures that
would be implemented to mitigate significant adverse noise impacts
resulting from the operation of the proposed project. As noted in
Chapter 15, “Noise,” of the DEIS, the mechanical equipment such as
heating, ventilation, and air conditioning (HVAC) and elevator motors
would be designed to incorporate sufficient noise reduction devices to
comply with applicable noise regulations and standards, and to ensure
that this equipment does not result in any significant increases in noise
levels by itself or cumulatively with other project noise sources. Chapter
17, “Construction Impacts,” describes in detail the committed practices
that would be in place during construction to minimize and mitigate
significant construction-related noise impacts to the extent feasible and
practicable.

Comment 15-18:

Illegal noise emissions must be adequately analyzed as it can become a
significant quality of life issue to residents and sidewalk users.
Examples include honking, mufflers on motorbikes and cars and over
dimensioned audio equipment, none of which are included in the
analysis. (37)
The June 2006 Baruch report revealed that the five noises most
commonly causing adverse emotional impacts on individuals are: backup beeps, honking horns, rowdy passersby, motorcycles, car stereos or
boom cars. None of these noises with the highest degree of emotional

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impact have been studied or included in the DEIS as the chosen model
does not handle such analyses. (37)
Not only will background noise levels increase, transient, sudden or
pulsating noises will occur more frequently. The noises seem to be more
disturbing and harmful to both mental and physical health than constant
noises known as background din. Therefore, the EIS must carefully
examine the (negative) qualities of the new sounds (children’s play at
65 dB is not the same as 65 dB traffic). (37)
The proposed project is neither an airstrip, nor a rest stop. It’s a mixed
use development that includes an arena adjacent to several existing
residential neighborhoods. Atlantic Yards would generate a complex
mix of pedestrian and traffic impacts that would increase the overall
noise levels and the frequency of peak noise levels of the acoustic
environment.
Basically this means that traffic will bring more idling engines, more
honking horns, more emergency sirens, more souped-up car stereos and
car alarms. Increased pedestrian uses will guarantee that pedestrians
arriving and departing the arena and transit hub will make more noise.
The effect of these activities is very different from the effects of air
traffic or steady traffic flow. Air traffic is regularly schedule, and its
interruptions on the acoustic environment are planned, can be somewhat
predicted, and thus expected. Steady traffic flow is a predictable drone.
Conversely, car horns, emergency sirens, car alarms, brake squeals,
gridlock, and crowds of pedestrians are not as easily planned for and
predicted, and thus have a more interruptive effect on the acoustic
environment.
The use of average decibel measurements based on air traffic or
highway traffic noise contours also does not take into account repeated
peak volumes that would occur with increased traffic and pedestrian
uses. (102, 103)
Response 15-18:

November 2006

The DEIS has accurately described the proposed project’s impacts on
noise conditions in the project area. The noise analysis performed for
assessing project impacts used methodologies and impact criteria as
specified in the CEQR Technical Manual. As discussed in Chapter 15,
“Noise”, a four step procedure was used to determine project impacts.
For each analysis site and each analysis time period: 1) existing noise
levels were determined based upon field measurements; 2) existing
noise levels were calculated using the TNM model; 3) the calculated
TNM existing noise levels were subtracted from measured existing
noise levels and the remainder was assumed to be a correction factor
which accounted for modeling inaccuracies, and some of the

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phenomena cited above; and 4) future noise levels for No Build, and
Build conditions were determined as the sum of calculated TNM model
results and the calculated correction factor based on projected traffic
conditions. Impacts are determined based upon typical conditions.
Unusual events, non-typical events, as well as illegal actions are not
typically included in assessing project impacts. (In fact, the CEQR
Technical Manual recommends suspending noise measurements when
usual events occur during a measurement period.)
Comment 15-19:

The DEIS clearly avoids using the spirit of the NYC Noise Code as a
basis for its methodology and approach. (37)

Response 15-19:

The New York City Noise Code does not have criteria for the
assessment of noise impacts to be used for the purposes of
environmental review under SEQRA or CEQR. Rather, it imposes
performance standards for construction and other equipment and HVAC
and other building mechanical systems. The construction equipment
used at the project site would meet or exceed the Noise Code’s
performance standards. Similarly, the project buildings’ mechanical
systems will comply with the Noise Code’s performance standards.

Comment 15-20:

Of particular concern are the streets where noise levels will be doubled
as a result of the proposed project. Both Carlton Avenue (between
Pacific and Dean Streets) and Dean Street (between Flatbush and 6th
Avenue) would see an increase of more than 8 dBA L10(1) at one or more
times during the week. The noise level on this part of Dean Street would
increase by 9.9 dBA L10(1) during weekday evenings. This is a doubling
in the noise level that this quiet, brownstone-lined street currently
experiences at that time. (88)

Response 15-20:

At the locations cited, the proposed project would significantly increase
noise levels. This is due to a combination of low existing ambient noise
levels and the significant increase in traffic due to the proposed project.
For residences at these locations (as well as residences at other locations
where the proposed project would result in significant increases in noise
levels), the project sponsors have proposed to make storm windows
and/or alternative ventilation (i.e., air conditioning) available at no cost
for purchase and installation to owners of residences to the extent that such
measures are not already in place. This commitment is discussed in
Chapter 19, “Mitigation.”

Comment 15-21:

Fort Greene Park is a big enough park that park-goers could remove
themselves from the noise of the city for a short while. The proposed

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open spaces are not large enough for this luxury, and the noise impacts
of the surrounding development will affect it in a singular way. (88)
Response 15-21:

While noise levels in the proposed new open space areas created on-site
as part of the proposed project would exceed the 55 dBA L10(1) level
recommended for outdoor areas in the CEQR Technical Manual, noise
levels within these areas would be comparable to noise levels in a
number of open space areas and parks that are adjacent to heavily
trafficked roadways, including Hudson River Park, Riverside Park,
Byant Park, Fort Greene Park, etc. The project open space, except for
the portion immediately adjacent to Atlantic Avenue, would be in the
“marginally acceptable” range for residential areas and would
experience noise levels similar to those experienced throughout the
surrounding residential neighborhoods under Existing, No Build, and
Build conditions.

Comment 15-22:

It is unconscionable that the DEIS uses the outdated noise-exposure
guidelines from the CEQR Technical Manual, which are not based upon
the noise contours of real-life traffic. (88)

Response 15-22:

The DEIS’s reliance on the CEQR Technical Manual methodology for
analyzing potential noise impacts is not unconscionable, but rather
reflects standard professional practices for noise analysis widely used or
the preparation of environmental impact statements for projects located
in New York City. These methodologies provide a fair and accurate
assessment of project noise impacts.

Comment 15-23:

The Temple of Restoration depends on our ability to provide a quiet
place to worship. That means undisturbed services. A quiet Dean Street,
free of traffic congestion is a critical factor in our Church remaining a
welcoming and accessible place. Our church is being asked to absorb
some of the project’s most adverse impacts, such as noise. We are also
concerned about the noise pedestrians will cause walking to cars parked
on the street and parking garages. (124)

Response 15-23:

As discussed in the DEIS, project-generated traffic, as well as projectrelated construction activities, would result in significant adverse noise
impacts at locations along the Dean Street corridor including at
locations adjacent to the Temple of Restoration. Many of the windows
of the building housing the Temple of Restoration are double-glazed
windows. The large center stained glass window has a protective glass
in front of the window that functions acoustically as a storm window. In
addition, the building contains a number of window air conditioning
units. As mitigation, similar to the mitigation proposed for residences
on Dean Street that would be significantly impacted by noise resulting

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from the proposed project, the project sponsors would make available to
the Temple of Restoration storm windows for windows on the second
level of the building façade facing Dean Street (above the Temple of
Restoration sign), which currently do not have either double-glazed
windows or storm windows, as discussed in Chapter 19, “Mitigation.”
With this measure, maximum interior noise levels within the building
would be in the range of 40-50 dBA L10, which would satisfy CEQR
interior noise level requirements for this church use.
Comment 15-24:

The DEIS does not provide any viable rerouting of traffic which might
mitigate noise impacts. (37, 108)

Response 15-24:

The DEIS in Chapter 19, “Mitigation,” provides a thorough analysis of
noise mitigation measures for the proposed project. Rerouting traffic to
mitigate noise would not be feasible and practicable for the proposed
project.

NOISE—MITIGATION
Comment 15-25:

The proposed mitigation of double-glazed windows and airconditioning puts residents in airtight prisons throughout the life of
construction. It is a clear admission by the developer that outside space
will become unusable for the decade-plus life of the construction.
Further mitigation, in the form of utility bill assistance and enclosure of
outdoor spaces must be made for residents in the immediate
construction area. (371, 461)
It is unacceptable to suggest that admittedly off-the-chart levels of noise
and air pollution that will be generated by this project be mitigated by
suggesting that I and my neighbors stay inside our homes behind
double-insulated glass with our air conditioners on for the next 10 years.
This is a ludicrous solution. (151)
The suggested mitigation that the developer provides area residents with
double-pane window and air-conditioning to counter the negative
impacts of construction is insultingly insensitive to the seriousness of
the issues involved. (48)
The sponsor has noted in the DEIS that most sensitive locations are
already fitted with double-glazed windows, and neglects to recognize
that while air conditioners are a form of alternative ventilation, they are
also costly and a source of additional noise themselves. If the sponsor
combined the air conditioning unit with a program to underwrite its use,
it could be more effectively considered as a mitigation technique. (255)

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If owners don’t opt for the double-glazed and air conditioner offered by
the project sponsors, the DEIS states that the proposed project would
have “unmitigated significant adverse impacts.” In order to work, these
proposed mitigations would require everyone who lives and works in
the area to remain indoors. Confinement to interior spaces is not an
appropriate mitigation. To the extent that residents were to stay indoors
the proposed mitigations would undermine Brooklyn’s well known
“stoop culture,” condemning everyone to adverse health risks. It would
also undermine any benefits there might be to the network of “publicly
accessible open space” planned for the project. (55, 88)
Given that accepting the proffered mitigation will obligate residents to
an ongoing and perhaps unexpected expense, it is very possible some
will not accept the material required by the mitigation. In this event, the
DEIS states that the proposed project would have “unmitigated
significant adverse impacts.” This conclusion does not go far enough. It
is improper to characterize an obligatory expense being transferred to
local residents as mitigation. Therefore, the DEIS has not proposed any
significant mitigation and the condition of construction-related and
ongoing project-related noise remains an unmitigated negative impact
for an unknown percentage of the population. (55, 102, 103)
The proposed project will result in significant adverse noise at 4
locations according to the EIS, all of which include Dean Street. I don’t
want new double glazed windows, I want to be able to open my window
and get some fresh air, not quote marginally unacceptable noise ranges.
Double glazed windows, even if the air gap is 100mm and 10mm glass
is used, offer at best a reduction of traffic noise by around 15 dba’s and
only work when shut. (57)
The DEIS states that “noise levels from project-generated traffic would
exceed the CEQR Technical Manual impact criteria and result in
significant adverse noise impacts” in areas surrounding the project. In
mitigation it offers air conditioning and double-glazed windows, which
most units already have, so they are basically offering nothing. (371)
The developer’s offer of double-paned windows and air-conditioners to
residents, many of whom are already equipped with these modern
conveniences, only addresses the noise impact on the indoor acoustic
environment. (102, 103)
Many residents in noisy urban centers use the drone of air conditioners
to increase the average decibel level so that the contrast with peak-level
occurrences will not be as significant. This results in an overall increase
in the average decibel level, which may mitigate the annoyance, but
increases the loudness of everyday life, and in itself has negative health
and quality of life impacts. (102, 103)
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Noise mitigation measures are minimal and ineffective. (475)
Response 15-25:

The mitigation program that the project sponsors have proposed is the
most extensive noise mitigation program ever undertaken for any
project in New York City. The measures proposed would reduce and/or
eliminate project impacts on interior noise at residences. Additionally,
the storm windows would reduce noise levels during off-hours when
project-generated noise increases are not significant, and the air
conditioning units would provide comfortable environmental conditions
during warm weather conditions. The project sponsor is not proposing
to provide utility bill assistance.

Comment 15-26:

There is concern that the three community parks, as well as the Pacific
branch of the Brooklyn Public Library, will be overwhelmed by the
level of noise generated during construction and arena events, that the
adverse impact will not be mitigable. (461)

Response 15-26:

As described in Chapters 15, “Noise,” and 17, “Construction Impacts,”
the proposed project would result in significant increases in noise levels
at these facilities. In the case of the parks, there is no feasible mitigation
that would eliminate these project impacts. In the case of the Pacific
Library measurements of internal/external noise levels at the library
showed that the library’s windows/walls provide approximately 20 dBA
of attenuation. In addition, the library is already air conditioned.
Therefore, during the 1st three years of construction—2007, 2008, and
2009—interior noise levels within the library building during periods of
peak construction would be in the range of approximately 50 to mid-50
dBA, which would be above the 45-50 dBA L10 noise level that would
be desirable for this type of land use. To address this significant adverse
noise impact on the library, the project sponsors would make available
to the library, and install, interior-fitted storm windows on the facades
facing Pacific Street. In the event the library elects to not accept the
offer, there would be an unmitigated significant noise impact for this
three year period.

Comment 15-27:

To mitigate noise, there should be developer-funded noise enforcement
jobs. The developer’s claim of job creation could be effectuated, and
neighborhood harmony facilitated, by the permanent funding of several
noise enforcement positions, similar to the parking enforcement
personnel currently hired by New York City. (451)

Response 15-27:

ESDC would require the project sponsors to enter into contractual
obligations to implement the environmental impact avoidance and
mitigation measures to be executed by the project sponsors. During
construction of the proposed project, ESDC expects to retain the
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services of appropriate professionals to monitor and ensure compliance
with the same.
Comment 15-28:

The DEIS incorrectly frames the noise mitigation discussion by
comparing the open space area of the proposed development to such
areas as Fort Greene Park. But, Fort Greene Park is more than three
times the size of the proposed open space, and is designed so that park
users can reasonably expect to escape the noise of the city. Stating that
the noise level the project’s open space would experience is analogous
to the “noise levels in a number of open space areas and parks in New
York City” is not a mitigation response, nor is it an accurate assessment.
Acknowledging that an adverse environmental effect exists elsewhere in
New York City does not adequately fulfill the mitigation requirements
of SEQRA and CEQRA. (88)

Response 15-28:

While noise levels in the proposed new open space areas created on-site
as part of the proposed project would exceed the 55 dBA L10(1) level
recommended for outdoor areas in the CEQR Technical Manual, there
is no feasible and practicable measures that could be implemented to
reduce noise levels to acceptable levels. However, even with noise
levels above desirable levels within these areas, the proposed project’s
new open space areas would be a valuable addition to the neighborhood.

Comment 15-29:

The DEIS mitigation measures do not address street noise, only interior
noise. Given the claim that the proposed project will create a vibrant
street life around the site, this is unacceptable. (102, 103)

Response 15-29:

While it would be expected that the proposed project would result in an
increase in the number of people on the streets in the project area, this
increase would not be expected to significantly increase noise levels in
the project area. Project-generated traffic, not the increase in people on
the street, would result in significant impacts at specified locations.
There are no feasible mitigation measures to significantly reduce and/or
eliminate these impacts.

CHAPTER 16: NEIGHBORHOOD CHARACTER
Comment 16-1:

If the only possible way the Atlantic Yards development can be
practical is by developing it in such a method that it would drastically
change the character of the surrounding neighborhoods, then it should
not be built at all. (300, 316)
The Atlantic Yards project is not in keeping with the character of the
Brooklyn neighborhoods that it would transform. (31, 179, 197, 217,
242, 318, 333, 340, 404, 409, 420, 421, 525, 553)

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The implementation of this project will totally change the character of
the surrounding neighborhoods and will have ramifications for miles
beyond. (425, 521)
Our beautiful polyglot neighborhood where people live, work, educate,
and shop locally, will all change. (327)
A huge construction like the Atlantic Yards will kill all that we love
about this neighborhood. The impact of so many big buildings will take
away all the slow, quiet community feelings that are why we live here.
(199, 429, 473)
New York City needs Brooklyn’s space, character, light and air just as it
needs the Village, Soho, and Tribeca, as well as the high rises of Times
Square and midtown. (174)
This project will totally destroy what makes Brooklyn Brooklyn. The
neighborhood feel, the openness, and the quality of life. (48, 214, 324,
343, 344, 429, 431, 495, 503, 517, 528, 538)
Brooklyn is all about neighborhoods and communities, and the
proposed project does not create a sense of community. (227)
Instead of supporting the positive changes in Brooklyn, the proposed
project would kill them. The effect would be like putting skyscrapers in
Greenwich Village. The proposed buildings would distort the character
of the communities around them, cutting them off from the rest of the
borough. (253)
Nothing substantiates the demand for luxury housing next to a 20,000seat basketball arena in a development that would be part of the densest
census tract in North America. Brownstone Brooklyn is a desirable area
specifically because of its low density and human scale. (108, 241)
Warren,, Witter
Neighborhoods around the project site are growing thanks to longtime
residents committed to the historic housing stock, locally owned
businesses. We need development here that reflects that kind of
growth—not residential towers with no plan for dealing with traffic and
congestion. (478, 523)
The project as currently conceived is far too dense for the existing
context and would overwhelm the surrounding neighborhoods. (489)
Response 16-1:

As discussed in Chapter 16, “Neighborhood Character,” the proposed
project would not result in a significant adverse impact on
neighborhood character. Chapter 1, “Project Description,” of the DEIS,
the overarching goal of the proposed project is to transform a blighted
area into a vibrant mixed-use community. The proposed project aims to

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provide a state-of-the-art arena, necessary affordable and market-rate
housing, first-class office space, publicly accessible open space, local
retail and community services, a hotel (under one variation of the
project program), a new subway entrance, and an improved rail yard.
The proposed project’s buildings would contribute to the Brooklyn
skyline and the open space would connect the surrounding
neighborhoods, which are currently separated by the open rail yard and
a major avenue (Atlantic Avenue). While the proposed project would
result in a taller and denser development when compared to the adjacent
residential neighborhoods, the proposed project would be implemented
pursuant to a GPP which includes Design Guidelines that were
developed in consultation with DCP. As discussed in Chapter 3, “Land
Use, Zoning, and Public Policy,” the proposed project would further
City policies for housing and commercial development in Brooklyn and
promote the City policy of transit-oriented development resulting in a
higher-density development more reflective of, and consistent with,
zoning policy envisioned for Downtown Brooklyn and of a density
appropriate adjacent to the borough’s largest transit hub, in close
proximity to other high-density commercial uses, and at the intersection
of three of the borough’s major commercial thoroughfares.
As described in Chapter 16, “Neighborhood Character,” the project site
contains virtually none of the neighborhood characteristics or vitality of
the surrounding neighborhoods due to the open below-grade rail yard
and the blighted conditions on the project site, which have existed for
decades.
Comment 16-2:

The huge influx of white upscale residents will destroy the great
ethnically and economically mixed neighborhoods of Fort Greene and
Prospect Heights. (179, 428, 501)
The proposed development will ruin a neighborhood that strikes an
amazing balance of classes, cultures, and ethnicities. (475)

Response 16-2:

Race would not be a factor in determining who lives in the proposed
residential units; thus, the race of future residents of the proposed
project is unknown. In addition, 2,250 of the proposed project’s 4,500
rental units would be administered under an affordable housing program
which would provide housing for a sizable portion of the new residents
at below-market rates.

Comment 16-3:

Brownstone neighborhoods work because people see each other, know
each other and protect each other. When you cram too many people
together “community” is lost. (216, 390)

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Response 16-3:

New York City comprises many neighborhoods with varying sizes and
densities. The proposed project’s buildings would be taller and denser
than the surrounding residential neighborhoods. However, as stated in
the DEIS, the change in character on the project site would not alter the
basic character of the surrounding neighborhoods, whose defining
elements are located at some distance from the project site.

Comment 16-4:

There is concern that construction, drunken stadium patrons, traffic
congestion, and other less tangible results like shadows and wind
tunnels caused by high-rises will erode the value of our buildings. (27)
Finton

Response 16-4:

As discussed in Chapter 4, “Socioeconomic Conditions,” the proposed
project would not impose any type of change that would diminish
investment in the study area; to the contrary, the proposed project would
reinforce the trend toward increasing residential and office investment,
drawing in direct investment to the area. While it is true that arena
events would draw a large number of patrons, because of the project’s
location above a transit hub—transit connection through the Urban
Room, it is anticipated that a substantial number of patrons will use
mass transit to the arena. As discussed in Chapter 3, “Land Use, Zoning,
and Public Policy,” experience has also shown that arenas and other
sports facilities thrive in combination with a strong mix of commercial
and residential land uses, both as proposed elements of a larger master
plan or as a catalyst for urban development. As discussed in Chapter 9,
“Shadows,” shadows move throughout the day and are not permanent or
perpetual; furthermore, the shadows in the project area would be typical
for dense urban areas, like many neighborhoods in New York City.
Significant shadow impacts would be limited to the Atlantic Terminal
Houses’ open space and the Church of the Redeemer (see Chapter 9,
“Shadows,” and Chapter 19, “Mitigation”). The project site would be
policed by both NYPD and private security services. Chapter 16,
“Neighborhood Character,” analyzed the effects of traffic on the
character of the neighborhoods surrounding the project site. In response
to comments, an evaluation of wind conditions was conducted and
indicated that the proposed project would not result in adverse wind
conditions in or around the project site.

Comment 16-5:

To the point of the CEQR guidelines, the number of defining features of
the neighborhood character which the DEIS should have found to be
significantly or adversely impacted, when taken together, definitively
warrant a finding of neighborhood character being significantly or
adversely impacted in a negative manner. (102, 103, 108)

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Response 16-5:

The analysis of neighborhood character was conducted per
methodologies outlined in the CEQR Technical Manual. As discussed
in the DEIS, a community is defined by a number of elements, but not
all of these elements affect neighborhood character in all cases; a
neighborhood usually draws its distinctive character from a few
determining elements. The impact analysis focused primarily on
changes to neighborhood character resulting from changes in land use,
urban design and visual resources, cultural resources, traffic and
pedestrians, and noise; the impact of socioeconomic conditions on
neighborhood character is not analyzed because the proposed project
would not result in significant adverse impacts in any of the areas
analyzed in that chapter (see Chapter 4, “Socioeconomic Conditions”).
The project site contains virtually none of the neighborhood
characteristics or vitality of the surrounding neighborhoods of Boerum
Hill, Downtown Brooklyn, Fort Greene, Clinton Hill, Prospect Heights,
and Park Slope. As stated in the DEIS, the collective impacts of the
proposed project would result in localized adverse neighborhood
character impacts in the areas closest to the project site, which include
changes in character for residential rowhouses facing Site 5, within
sight of the arena’s brightly lit signs, and across from the arena loading
docks on Dean Street, as well as a deterioration in the character of
traffic flow on Bergen Street in Prospect Heights. These areas closer to
the project site lack the cohesive character of the cores of their
neighborhoods, indicative of the transitional character of these areas.
The proposed project would have no significant adverse impact on the
overall character of the surrounding residential neighborhoods.

Comment 16-6:

The DEIS does not acknowledge the change in character along edges of
the project including Atlantic Avenue between South Oxford Street and
Carlton Avenue; Pacific Street between Flatbush Avenue and Carlton
Avenue; and, opposite Site 5 along Fourth Avenue and along Pacific
Street. The DEIS fails to acknowledge that project generated traffic will
also result in adverse neighborhood character impacts for the existing
residential buildings along Pacific Street opposite Site 5. (12)

Response 16-6:

As discussed in Chapter 16, “Neighborhood Character,” of the DEIS,
the proposed project would create a new neighborhood context along
the Atlantic Avenue and Flatbush Avenue corridors in keeping with the
stature of these corridors as two of the principal (and widest) routes
through the borough. The western end of the project site, west of 6th
Avenue, would contain the most intense uses. To the east, the proposed
project would establish a strong residential/commercial presence along
Atlantic Avenue; and while Phase II development would be built to a
substantially greater scale than many of the adjacent uses, taller

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buildings would be placed on Atlantic Avenue, where they would be of
comparable height and scale to the taller buildings north of Atlantic
Avenue; shorter street walls would face towards the lower-density
neighborhoods to the south and east of the site and would be similar in
height to the Newswalk Building on Pacific Street immediately south of
the project site.
As stated on page 16-18 of the DEIS, there would be a localized
neighborhood character impact for the residential buildings along
Pacific Street opposite Site 5. Although the Site 5 building would relate
well to Downtown Brooklyn to its north, it would be of a scale and
density new to Pacific Street on its southern face. This building, its
scale and the intensity of activity it would engender, would create a
localized adverse impact in neighborhood character for the rowhouses
and apartment buildings along Pacific Street between Flatbush and 4th
Avenues. Fourth Avenue is a wide arterial street and its character would
not be adversely impacted by the proposed project.
Upon completion of construction, the proposed project would not result
in a signficant adverse impact to the character of Pacific Street between
6th Avenue and Carlton Avenue. (The segment of Pacific Street
between Flatbush and 5th Avenues would be occupied by the arena
block.)
The DEIS concludes that the locations where localized character
impacts would occur would be adjacent to the project site, in areas
which are located along the perimeters of and not in the cores of their
respective neighborhoods. Even when considered together, the changes
to neighborhood character in these transition areas would not be
significantly adverse.
Comment 16-7:

The DEIS excessively dissects the notion of “neighborhood character”
into narrow slices and thus fails to address the actual value of what
Atlantic Yards will destroy; Prospect Heights and Fort Greene are
emblematic of Brooklyn’s most unique resource: low- to medium-rise
residential neighborhoods with a wealth of local small businesses and a
strong sense of community and street life. Such highly livable urban
neighborhoods, while common in many European cities, are an
endangered species in the United States. (461)

Response 16-7:

As discussed in the DEIS, the proposed project would not result in
significant adverse impacts to the surrounding neighborhoods, including
Prospect Heights and Fort Greene. The project site is currently an
isolated area with a mixture of vacant properties, underutilized
manufacturing and small commercial buildings, residential units in
various states of repair, and an open rail yard. The project site, as it now
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stands, does not contain any of the community character—including the
strong sense of community and street life—that defines the surrounding
neighborhoods. The proposed development on the project site would not
adversely affect the livability of the surrounding urban neighborhoods.
Comment 16-8:

The assumptions of Section E, “Probable Impacts of the Proposed
Project—2010,” are questionable. The language of the DEIS seems
predisposed to assuming that the proposed project and the arena will be
a positive addition to the neighborhoods. This bias attempts to color or
masque the lack of analysis supporting statements made in the report.
(102, 103)
The first paragraph of the Overview for Adjacent Neighborhoods is a
complete non sequitur and makes no sense. The DEIS fails to explain
how the introduction of “uncharacteristically dense development” is
inherently beneficial to neighborhood character. (102, 103)

Response 16-8:

Chapter 16, “Neighborhood Character,” of the DEIS lists a number of
positive aspects of the proposed project, which would include the
following: the reconfiguration, renovation, and platforming over the
existing rail yard, which has long been a blighting influence in the
immediate area, thereby eliminating the physical and visual barrier that
separates the neighborhoods of Boerum Hill, Fort Greene, Prospect
Heights, and Park Slope; creating an active streetscape where none
currently exists; and providing eight acres of publicly accessible open
space to serve and connect the surrounding neighborhoods. The
proposed arena would offer the opportunity to bring a much-desired
major-league sports team back to Brooklyn.
As discussed in Chapter 1, “Project Description,” the proposed project
would follow urban design goals and principals set forth in a set of
Design Guidelines, developed in close consultation with ESDC and
DCP staff, supported by the New York City Planning Commission
(CPC) in its recommendations on the proposed project; the proposed
project has been modified since issuance of the DEIS to reflect CPC’s
recommendations. Although the proposed project would be built to a
higher density than the lower-scale uses to the south, the proposed
development would be more reflective of, and consistent with, zoning
policy envisioned for Downtown Brooklyn. The extension of the
policies supporting the siting of higher-density uses comparable to those
found in Downtown Brooklyn to the project site would be appropriate
because the project site is located adjacent to the borough’s largest
transit hub, in close proximity to other high-density commercial uses,
and at the intersection of three of the borough’s major commercial
thoroughfares. The Design Guidelines would require the building

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envelopes to step down in height from the Atlantic Avenue frontage and
change character considerably along the southern edge of the project
site to more reflect the scale of buildings to the east and south of the
project site.
Comment 16-9:

The DEIS fails completely to substantiate the claim that the project will
connect the neighborhoods to the north and south. There is no study or
investigation provided to support the statement. Saying it repeatedly in
the DEIS does not make it a true statement. (102, 103)

Response 16-9:

As discussed in Chapter 1, “Project Description,” in the DEIS, in
addition to the existing pedestrian connections via the 6th Avenue and
Carlton Avenue Bridges (which would remain), the proposed project’s
open space component would include four additional north-south
pedestrian passageways aligned with the Fort Greene street grid to the
north of Atlantic Avenue, effectively extending the pedestrian aspects of
these streets southward through the project site. A dedicated southbound
bicycle path would enter the project site along Atlantic Avenue at
Cumberland Street and would continue southbound between Buildings
6 and 7. The route would turn east running along Pacific Street where it
would reenter the project site at a pedestrian pathway at Carlton
Avenue. As presently conceived, it would continue southeast around
Building 14 to Dean Street. The bike path would continue eastward
along Dean Street toward Vanderbilt Avenue where it would connect
with the larger city bicycle network.

Comment 16-10:

The DEIS states “The energy created by the arena and the associated
high density of residential and commercial uses would emanate out
from the project site along the major traffic and pedestrian corridors.”
And in the same paragraph it states “the proposed project would have
minimal impact on the overall character of the surrounding residential
neighborhoods, as the cores of these neighborhoods are beyond the
proposed project’s influence, but it would affect the portions of the
neighborhoods adjacent to the project site.”
The DEIS seems to imply some magical power which limits the impact
of the proposed project only to the areas which it conveniently defines
as dilapidated or transitional while any effects on the historic
neighborhoods is mysteriously avoided by the shield of Landmark status
or vitality. These proposed buildings will loom large over the
neighborhoods to the north or south and will be clearly visible from all
major view corridors to the west. These “protected” historic
neighborhoods have for the most part enjoyed the benefit of having their

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skyline views unencumbered since their creation. To state that there will
be no effect is willfully naïve. (102, 103)
Response 16-10:

Chapter 16, “Neighborhood Character,” of the DEIS, states that the
proposed project would not have a significant adverse neighborhood
character impact but would significantly change the character of the
project site. The overarching goal of the proposed project is to
transform a blighted area into a vibrant mixed-use community. The
DEIS indicates that the proposed project site is characterized by
blighted conditions, including dilapidated and structurally unsound
buildings, debris-filled vacant lots, and underutilized properties, a
neglected area suitable for redevelopment. In contrast, the
neighborhoods and blocks surrounding the project site are not blighted.
The land use patterns in nearby neighborhoods are expected to remain
stable as these areas are primarily protected by existing zoning and are
already built out in a manner consistent with existing zoning. Local
historic district designations provide another level of stability since
alterations or new development within historic districts must be
reviewed and approved by the New York City Landmarks Preservation
Commission (LPC) or its staff. As described in Chapter 7, “Cultural
Resources,” the historic districts located within the project study area
were designated as eligible for listing on the State and National
Registers of Historic Places (S/NR) or New York City historic districts
because they contain architecturally distinguished buildings or are
illustrative of residential design during certain periods of Brooklyn’s
history. A number of view corridors were analyzed in Chapter 8,
“Urban Design and Visual Resources.” Of these, the proposed project
would obstruct views south and southeast of the Williamsburgh Savings
Bank Building (resulting in a significant adverse impact); no other
significant adverse impacts to visual resources would occur. The skyline
changes would be perceptible in the hearts of a number of adjacent
residential neighborhoods, but they would read as middle-distance to
background conditions, and would not change the quiet atmosphere of
these neighborhoods’ tree-lined streets. Most views along the east-west
tree-lined residential streets identified as view corridors in Chapter 8,
“Urban Design and Visual Resources,” would not include views of the
project site. The density of the rowhouses along these streets, which
create solid streetwalls on narrow streets, would typically obscure
street-level views to the project site.

Comment 16-11:

The project site description mentions “the first stages of an overall
master plan.” The developer’s plan for the project site should not be
misconstrued as a master plan. The use of this term is misleading; it
implies that there has been some governmental involvement or some

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overall study and planning for the different aspects of the site. The
development plan will not create a neighborhood, but rather a highdensity enclave between several neighborhoods, which will in fact be a
new urban form, however, more likely analogous to a spaceship landing
in a field than a unifying element in the community. It may work in
concert with itself but not with the surrounding neighborhoods. (102,
103)
Response 16-11:

The project sponsor, in consultation with ESDC and City Planning
(DCP) developed Design Guidelines that govern the development of the
proposed project. CPC stated that it (CPC) supports the project and the
exercise of ESDC’s statutory authority.
The proposed project would increase connectivity between the
neighborhoods to the north and south by the proposed project’s 8 acres
of publicly accessible open space. Portions of the planned open space
would extend the pedestrian experience of the Fort Greene street
network southward, fostering additional connections between Prospect
Heights and the neighborhoods to the north: Fort Greene and Clinton
Hill, an improvement over the current condition where the only way to
currently cross the rail yard is on the 6th Avenue and Carlton Avenue
bridges, flanked on either side by the below-grade rail yard. The
numerous entrances to the proposed open space, which would be
aligned with and act as extensions of the streets to the north, namely
South Oxford Street, Cumberland Street, and Clermont Avenue,
extending the activity associated with these neighborhood streets
southward, would be a minimum of 60 feet wide, the width of the
average local street, with an axis leading to a visible interior focal
destination and/or through the block to the opposite street. Although
Pacific Street between Carlton and Vanderbilt Avenues would be closed
to vehicular traffic, it (Pacific Street) would be incorporated into the
proposed open space and would be available for non-vehicular forms of
transportation. A dedicated bicycle path—part of the City’s Bicycle
Network Development Program and part of the larger citywide network
of bicycle lanes and paths—would also be included as another open
space amenity that would further link the project site to the surrounding
area.
As noted in Chapter 8, “Urban Design and Visual Resources,” the
buildings on the project site would be dramatically different from
anything in the neighborhood today. The distinct visual appearance and
architecture of the buildings would offer a contrast to and interplay with
the more traditional architecture found in many of the surrounding
residential districts. The presence of buildings with distinct architectural
styles located in proximity to these surrounding neighborhoods would

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not alter the defining character of these surrounding neighborhoods and
would not result in a significant adverse impact. While the building
heights would vary from building to building, with lower buildings
interspersed between higher ones, there would be a general trend of
higher and larger scale buildings to the west, closest to the Atlantic and
Flatbush Avenue transit hub and Downtown Brooklyn, and lower
buildings to the east and south, closest to the lower-scale residential
neighborhoods. The building envelopes would step down in height from
the Atlantic Avenue frontage and change character considerably along
the southern edge of the project site to approach the scale of buildings to
the east and south of the project site.
Comment 16-12:

Quality of life will suffer adverse impacts due to increased security
situations, increased surveillance, restrictions on entering and/or
traversing the complex, the probability of personal bag searches, etc.
Such things are not a part of the character of the study area and can in
no way be considered either insignificant or a change for the better.
(107)

Response 16-12:

The proposed project would not result in the types of quality of life
concerns identified by the commentor. With the exception of the arena
during event times, security on the project site would be no more
intrusive than that of similar areas in the city. Arena security would not
search the bags of pedestrians not seeking to enter the arena, and
security screening is expected to occur within the vestibules of the
arena.

Comment 16-13:

The four residential buildings proposed to front Dean Street between
Carlton and Vanderbilt are inconsistent with the character of the
community and must be eliminated and/or reduced to reflect the heights
of the townhouses. (411)

Response 16-13:

One of the planning principals listed in the GPP’s Design Guidelines
would be that the buildings on the project site would step down in
height and scale along Dean Street to reflect the lower-density character
of the uses adjacent and south of the proposed project’s easternmost
block. As discussed in Chapter 8, “Urban Design and Visual
Resources,” in the FEIS, while the proposed buildings along Dean
Street would range in height from approximately 184 feet (Building 14)
to approximately 287 feet (Building 12) at their highest roof, these
buildings would have streetwalls of between 60 and 105 feet; above
these heights the buildings would set back a minimum of 55 feet before
reaching their maximum building heights. This would create a scale on
Dean Street that would be larger than many of the buildings in the

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nearby study area, but would be consistent with others, such as the
Newswalk Building on the lot that spans Pacific and Dean Streets. It is
further envisioned that the bases of the proposed buildings on the north
side of Dean Street on Block 1129 would be clad in masonry and would
have a massing compatible with the existing rowhouses along Dean
Street (see Figure 8-51 of the FEIS).
CHAPTER 17: CONSTRUCTION IMPACTS
GENERAL
Comment 17-1:

The Atlantic Yards project is not forthcoming with a comprehensive roll
out plan. We need to see a work schedule and financial plan for each
phase of construction. What will be built? How many trades people and
laborers are needed and where is the money coming from? What
agreements with utility companies and Department of Transportation
are in place? (133)

Response 17-1:

The DEIS provided detailed estimates of the expected number of
workers required to complete construction of the proposed project by
calendar quarter for the entire project. The costs for the construction of
the proposed project by phase were included in the DEIS in Chapter 4,
“Socioeconomic Conditions.” Descriptions of all the major work
elements that would be constructed were provided and analyzed in the
DEIS. As noted in the DEIS, within the project site and adjoining
streets, new gas mains, service lines, and metering would be necessary.
As specific site designs move forward, the utility companies would
identify those specific upgrade needs. Meetings with utilities, the DEP
and the NYCDOT have been underway during the preparation of the
DEIS and are continuing, to make sure that the DEIS and FEIS reflect
the latest understandings of the likely construction methods, durations,
timeframes and mitigation measures. As shown in the General Project
Plan, the project would be funded by a mix of private financing and
public subsidies.

Comment 17-2:

ESDC or FCR need to run a simulation of life at the completion of each
construction phase. It should show the number of businesses, homes,
people, and vehicles. (133)

Response 17-2:

The DEIS provided analyses of various environmental subject areas for
the construction of Phase I and Phase II of the proposed project. The
reasonable worst-case time periods during construction were identified,
and relevant environmental analyses were conducted to address
potential impacts during these time periods. It is not necessary to
analyze the impacts of each construction phase separately, because the
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analysis in the DEIS and FEIS identifies and describes impacts from the
reasonable worst case time periods. Impacts during other time periods
would be less intense.
Comment 17-3:

The DEIS does not demonstrate the project sponsor has evaluated all of
the options at its disposal to design a construction plan that alleviates
construction impacts most comprehensively. (108)

Response 17-3:

Chapter 17, “Construction,” of the DEIS describes in great detail the
extensive measures that would be undertaken by the project sponsors to
avoid or minimize impacts during project construction.

Comment 17-4:

The DEIS fails to note that the interim surface parking lots may be
permanent, blighting the area. The amount of staging area being sought
by the project sponsors seems unusually large. Should the project not
proceed as planned or as scheduled, the cleared, secured site would have
a far worse effect than the rail yards in separating the surrounding
communities of Fort Greene and Prospect Heights. One way of
addressing the impact of the interim staging area is to require
confirmation that Phase II will proceed before permitting the demolition
of buildings. (108)

Response 17-4:

The GPP governs development on the entire project site, which does not
allow for a large permanent surface parking lot on the project site.
Should the project program change in a magnitude necessary to warrant
a modification of the GPP, the proposed project would require
additional environmental review to reassess the impacts on
environmental conditions. During construction, the surface parking on
the eastern end of the project site would be for construction workers, in
order to minimize the potential for construction worker parking impacts
on the surrounding area. Following the opening of the arena, the interim
parking facility would be accessory to the project uses until the parking
is relocated to the permanent below-grade facilities.
The construction of a new state-of-the-art railroad facility for the LIRR,
retaining walls, foundations for a platform and the future residential
buildings, the platform itself and related supports over the Vanderbilt
Yard, in particular, along with the installation of utilities and the
construction of the arena structure would require the use of Blocks 1128
and 1129 for staging and construction worker parking.
Since the existing buildings on Blocks 1128 and 1129 would ultimately
be replaced by the proposed residential buildings and open space,
demolishing them early in the project schedule to facilitate better
operation of construction activities and the benefit to the surrounding

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environment is appropriate. Throughout the construction period,
measures would be implemented to reduce impacts from the
construction, including the erection of construction fencing which
would reduce the views of the parking and staging area.
Comment 17-5:

While pollution reduction measures during construction are included in
the DEIS, construction dust and other hazardous materials that can
become airborne will have significant impacts on surrounding residents.
Local children may not be able to safely use the Dean Playground
during project construction. (136, 324)

Response 17-5:

A detailed assessment of potential air, noise and hazardous materials
impacts during construction was performed for the DEIS. As a result, an
extensive air emissions reduction program was included in the proposed
project in order to attain the lowest practicable emissions from
construction activity. A similar assessment was done for the
construction noise assessment. As part of the development of the DEIS,
an air quality emissions reduction program was developed for
incorporation into the proposed project. The emissions reduction
program defines engine specifications and operational measures that
would result in the lowest practicable level of emissions. The DEIS
analyzed the potential transport of particulate matter that is expected to
become airborne during construction of the proposed project. In
addition, an evaluation of the hazardous materials on-site and the
measures that would be put in place to minimize the emissions of such
sources was also included in the DEIS. This includes the required
construction health and safety plan (CHASP) and Community Air
Monitoring Plans (CAMP). The analysis demonstrated that there would
be no predicted significant adverse impacts from airborne materials as a
result of construction, including at the Dean Playground. Children
would still be able to use the Dean Playground safely during all phases
of construction.

Comment 17-6:

There should be an estimate of the potential for environmental impacts
involved with actual clearance of debris as the site is prepared for
construction, with attention paid to the noise, dust, smell, and perhaps
the chemicals that may be buried or loose in the area. (26)

Response 17-6:

The DEIS examined all the components and phases of construction,
including demolition and site preparation. In most cases, these phases
do not result in the greatest potential for impacts on noise or air quality
during construction. The potential for on-site contamination that may be
disturbed during construction was also evaluated in the DEIS. While
there were potential significant adverse impacts identified in certain

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areas for noise due to the duration and intensity of off-site noise
impacts, with the proposed emission reduction measures in place during
construction and the requirement to prepare and implement a CHASP
and CAMP, there were no predicted significant adverse impacts on air
quality or from hazardous materials predicted from construction of the
proposed project. Mitigation for the significant adverse noise impacts is
presented in Chapter 19, “Mitigation,” of the DEIS.
Comment 17-7:

The FEIS should consider the impacts on air quality and noise during
the construction period. Every precaution should be taken to alleviate
air and noise pollution. (12)
The residents of State Street will be doubly punished by having to deal
with air and noise impacts of this project and the water tunnel project.
(363)
The dust and noise level (during and after construction) will destroy the
quiet charm of our neighborhoods. (179)
The environmental degradation (lack of open sky, traffic, sewage
problems, poor air quality, radiation, and street destruction) that would
result from construction is devastating. (273, 274, 392)

Response 17-7:

The potential air and noise impacts during construction from the
proposed project and other regional activity were analyzed in the DEIS.
The potential significant noise impacts and mitigation to reduce such
impacts were provided in the DEIS. The potential impact on
neighborhood character during construction was also assessed. The
potential impacts from cumulative activities from the construction and
operation of the proposed project were examined in great detail for all
subject areas, following the guidelines under SEQRA and the City’s
CEQR Technical Manual. Construction activity associated with the
proposed project would have significant adverse localized neighborhood
character impacts in the immediate vicinity of the project site during
construction. The impacts would be localized and would not alter the
character of the larger neighborhoods surrounding the project site.
No significant air quality impacts would be expected during
construction; the effect of construction on air quality at State Street
specifically would be negligible, as demonstrated in figures 17b-4
through 17b-13, due to the distance from the site. The areas near the
project site that would experience the highest incremental
concentrations of particulate matter and other pollutants from the
project construction work are distant from the water tunnel construction
sites. No significant new air quality or noise adverse impacts are

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expected from the cumulative construction of the proposed project and
the water tunnel.
Comment 17-8:

Will all construction-related activities be set up on the construction site
itself or will these activities also cause mayhem on the local streets?
(57)
If the project goes forward we will be cut off from facilities such as
Prospect Park, the Brooklyn Central Library, and the Brooklyn Botanic
Garden due to construction and traffic congestion. (504)

Response 17-8:

As described in the DEIS and FEIS, during the course of construction,
certain traffic lanes and sidewalks would be closed or protected for
varying lengths of time. Maintenance and Protection of Traffic (MPT)
Plans, coordinated with the New York City Department of
Transportation, would ensure that lane closures and sidewalk closures
are kept to a minimum. The traffic analyses performed for the DEIS
considered these preliminary MPT Plans. Construction-related activities
would be confined to the construction site to the extent practicable, but
as noted in the DEIS, would also involve some construction activity of
adjoining streets and sidewalks. A staging area at Block 1129 would be
used during the entire Phase I and part of Phase II construction to
accommodate equipment and truck staging. Where curbside deliveries
are required, they would be managed within fenced-off areas to
minimize local street disruptions. The potential environmental effect of
construction activities on surrounding streets was analyzed in the EIS.
The proposed project will not cut off access to Brooklyn’s cultural or
park amenities.

Comment 17-9:

The EIS acknowledges that there will be periods when construction will
need to be done at night. How often and for what duration? (57)

Response 17-9:

As stated in the DEIS, nighttime work, which would end no later than
11 PM, may occur once or twice a week during critical construction
phases to perform specific construction activities at the project site. This
work would take place primarily during the construction of the Arena
block during the first few years of construction and would typically be
limited to a substantially smaller work force (approximately 10 percent
of daytime workforce). Certain of the transit improvements may involve
street openings at the intersection of Flatbush and Atlantic Avenues, and
this would likely be allowed only during the late evening and night
when traffic is at its lightest. In addition, some of the larger construction
tasks within the Vanderbilt Yard and the arena may require continuous
periods of time to complete. So as not to interfere with the LIRR train
schedule, LIRR work would be scheduled to start after the Yard has
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been vacated to meet the evening rush hour and be completed before
trains return from the morning rush hour. When work is required
outside of normal construction hours, the proper approvals would be
obtained from the appropriate agencies. A noise control plan would be
developed and implemented to minimize intrusive noise emanating into
nearby areas and affecting sensitive receptors.
Comment 17-10:

Residents of the Newswalk building are concerned about the
construction period effects of noise and impact on the structural
integrity of their building. (142, 383)
Newswalk residents are concerned about safety concerns during
construction due to unforeseeable accidents such as an explosion. (142)
Newswalk residents will incur extra financial costs due to construction.
Extra costs may include replacement of windows damaged by noise or
accidents, increases in electrical costs from air conditioning because
residents cannot open their windows, increased building maintenance
and landscaping due to dust pollution. (142)
Surrounding buildings may not stand up to pile driving and deep
construction of the underground parking garage and 30-story building
on Site 5. (510)

Response 17-10:

As noted in the DEIS, with the exception of the case of fragile, typically
historically significant structures or buildings, generally construction
activities do not reach the levels that can cause architectural or
structural damage, but they can achieve levels that may be perceptible
and annoying in buildings very close to a construction site. There would
be no pile driving associated with the proposed project; rather, the piles
would be bored, a process that results in less noise and vibration. The
DEIS included an assessment of the potential vibration impacts of
construction activities on structures and residences near the project site.
For the Newswalk building, the distance between construction
equipment and receiving building is sufficiently large to avoid vibratory
levels which would result in architectural or structural damage.
Based on the knowledge of the existing conditions of the site and the
planned construction program, there are no special circumstances for the
project that would result in expectations of explosions during
construction. No blasting would occur during construction, and no
damage to windows is expected to occur from construction. As stated in
other responses to comments, a CHASP and CAMP would also be
required.
As part of the earlier discretionary approvals for the Newswalk
development, the units were required to provide noise attenuation

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measures to reduce noise impacts for on-site residents. Thus, no
additional costs for air conditioning would be expected for these
residents. In addition, during all subsurface disturbance work, dust
control measures (e.g., applying water on haul roads, wetting equipment
and excavation faces, spraying on equipment buckets during excavation
and dumping, hauling materials in properly tarped or watertight
containers, restricting vehicle speeds to five miles per hour on the
project site and covering stockpiled excavated material) would be
implemented. No significant adverse impacts on air quality at the
Newswalk building are expected, and no significant increase in building
maintenance or landscaping costs is expected to occur at Newswalk due
to construction of the proposed project.
Comment 17-11:

There are issues about the phasing of the plan, which calls for the block
bounded by Dean Street and Atlantic, Vanderbilt and Carlton Avenues
to be surface parking and a staging area for construction for several
years while the project is built. (37, 87)
How do we know your construction workers (15,000 jobs as you claim)
will not compete with us for parking? (492)
The proposed construction phasing, as well as the location and scale of
the construction staging and interim surface parking areas may blight
our neighborhood for at least a decade. (48, 57, 460, 560, 585)
The most troubling aspect of the project is the phasing of construction.
It places a burden on parts of the project that will see the benefits of the
project last. This assumes the project is finished on schedule and all
phases are built. (460, 461, 463)
Regarding the interim surface parking lot proposed for Block 1129, the
community would best be served if the developer used the Phase I
period to test remote parking and alternate transportation methods,
rather than encouraging construction personnel to drive to the site. (102)

Response 17-11:

As part of the preparation of the DEIS, the construction phasing, staging
and sequencing was assessed. This included examining what
construction sequencing solutions could be implemented to limit the
effects of staging, construction worker parking and construction
activities to the surrounding community. This consideration resulted in
the selection of Block 1129, which is bordered by Dean Street, Pacific
Street, Vanderbilt Avenue, and Carlton Avenue, to be used as an on-site
staging/parking area for a large portion of the construction period to
keep construction-related vehicles off neighborhood streets to the extent
practicable. Without this designated staging/parking area, the
neighborhood and surrounding streets would be more affected by the

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project’s construction activities (e.g., more or longer lane closures). The
strategy of dedicating space on Block 1129 for staging and parking is
also logical because the construction of project components on Block
1129 would require a smaller workforce and less construction
equipment, compared to what would be required during the earlier
phases of construction. Hence, during the latter stages of the project
construction on Block 1129, when designated on-site staging/parking
areas would be the least available, the requirement for truck staging and
construction worker parking would also be at the lowest.
The project sponsors do not intend to promote parking for construction
workers. Extensive research was undertaken for the DEIS to estimate
the likely travel patterns and characteristics of construction workers
throughout the construction period. This research concluded that a
substantial number of construction workers would likely travel via auto,
irrespective of the abundance of transit options in the area and the costs
associated with driving.
The DEIS acknowledges that some construction workers would utilize
on-street parking spaces. To avoid overtaxing nearby on- and off-street
facilities, the project sponsors would provide on-site (southern half of
Block 1129) parking for construction workers at a fee that is
comparable to other parking lots/garages in the area. By charging a fee
and also limiting its parking capacity only to accommodate the
anticipated demand, the on-site parking facility would help in
minimizing the number of construction worker vehicles circulating for
on-street parking in the area, while at the same time not encouraging the
use of private automobiles as the means of travel to the project site.
Unlike the project operational analysis, no additional environmental
benefits would be expected from requiring construction workers to
utilize remote parking. Many construction workers bring tools to the
project site, which require them to be close to the work areas. In
addition, the actual work time per day may be less, because workers
may be allowed to clock in at the remote facility and have to be shuttled
to the site, thus extending the amount of time to complete the
construction of the project. Finally, there is no clear advantage for
construction workers to use this remote parking, in light of the baseline
traffic and parking conditions during their travel. Hence, this measure
would not be expected to reduce the number of workers driving to the
site.
Comment 17-12:

November 2006

There is no need to demolish Block 1129 for staging. Not only is an
entire city block unnecessary for staging, it is physically far from the
arena site and causes an empty space for 10+ years for numerous

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Prospect Heights citizens. Seven World Trade Center was completed
with a staging area no more than 10 percent of this staging plan. (57,
178, 196, 211, 223, 278, 288, 291, 304, 320, 396, 423)
Demolishing irreplaceable buildings, such as the Ward Bread Bakery
(which the DEIS finds eligible for the National Historic Register), to
make room for vacant lots and surface parking, changes a neighborhood
for the worse. All three proposed sites for interim surface parking and
construction staging are exposed to residents adjacent to the footprint.
The New York Times headquarters and Seven World Trade Center both
used much smaller staging areas. (48, 57, 460, 461)
The staging areas currently planned for the project appear to be
designed more to create strategic vacancy, with the project positioned as
a solution to that problem, than for any real construction need. The
project’s popularity can only benefit from the preservation of some of
the buildings to be demolished, several of which can easily be used for
staging, storage, and construction offices, and then converted to housing
if left standing just as they are. (108, 366, 560, 585)
Response 17-12:

The staging needs for the Atlantic Yards project are substantially greater
and different in nature than those for the Seven World Trade Center and
the New York Times Headquarters buildings. The construction of a new
state-of-the-art railroad facility for the LIRR, retaining walls,
foundations for a platform and the future residential buildings, the
platform itself and related supports over the Vanderbilt Yard, in
particular, along with the installation of utilities and the construction of
the Arena structure, require more equipment compared to projects like
Seven World Trade Center or the New York Times Headquarters
buildings. As stated in the response to the other similar comments, the
use of Blocks 1128 and 1129 for staging and construction worker
parking would keep construction-related vehicles off neighborhood
streets to the extent practicable, and allow for staging and material
delivery in a controlled and efficient manner. Furthermore, since the
existing buildings on Blocks 1128 and 1129 would ultimately be
replaced by the proposed residential buildings and open space,
demolishing them early in the project schedule to facilitate better
operation of construction activities and the benefit to the surrounding
environment is appropriate. The potential reuse of these properties as
part of the proposed project has been studied, and it has been
determined that there is no practicable alternative to their demolition.
Chapter 7, “Cultural Resources” of the DEIS provides additional
information on this determination.

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Comment 17-13:

Existing buildings should not be vacated and/or demolished until
replacement design and financing are in place. (37)
Only blocks immediately slated for construction should be demolished.
(461)
All the demolition is scheduled to happen at the beginning of the
project. Much of the project area is the way it is because perfectly good
brownstones were demolished for a Baruch College expansion that was
never built. Demolition on this project shouldn’t happen until rebuilding
is scheduled to start. (235)
The 10 year construction time frame is inadequate—construction
mitigation needs to be determined for 15-20 years due to the likelihood
of project delay for economic reasons. For this reason only blocks
immediately slated for construction should be demolished. (461)

Response 17-13:

As described in other responses, utilization of the full project site to
support construction phasing would allow for more on-site staging
capabilities, better control of delivery and handling of materials and
equipment and would reduce the effect on on-street parking in the
community from construction workers. The impacts represented in the
DEIS identify and describe the potential significant adverse impacts that
would result from the construction of the proposed project on the
anticipated schedule. If there are unanticipated delays in the completion
of any element of the project, the duration of individual construction
elements would not be expected to change appreciably, and no new
significant adverse impacts would be expected.

Comment 17-14:

The DEIS fails to address the negative socioeconomic impact of longterm construction on the existing business community. (31, 57)
Although the DEIS states that there would be no significant adverse
impacts to the local businesses surrounding the project area, further
analysis is necessary as sidewalk closures, changed bus routes and
lessened pedestrian traffic during the 10-year duration of the
construction period will have detrimental effects to the local businesses
in the project area. (12)
The DEIS does not take into account the economic impacts on
businesses and residents during the construction period. The DEIS
should consider the impact on local businesses dependent on foot traffic
on Vanderbilt and Flatbush Avenues, which are likely to be deterred by
dust, noise, and street construction. Extensive infrastructure work on
Dean Street is likely to adversely impact the operations of local
manufacturers who will have difficulty with loading operations.
Interruptions to utilities (telephone, water, and electricity) are to be

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expected during construction. Even brief interruptions can have a
catastrophic impact on small businesses. Other neighborhood businesses
whose operations are environmentally sensitive will be adversely
impacted by dust. (108)
Response 17-14:

The effect of construction activity on the existing business community
is addressed in Chapter 17, “Construction Impacts.” As indicated in that
chapter, construction activities associated with the proposed project
would, in some instances, affect socioeconomic conditions in the
vicinity of the project site. Access to the businesses in the vicinity of the
project site would not be impeded, nor would signage be restricted.
While construction may require the temporary closure of travel lanes on
the north side of Atlantic Avenue and adjacent to the project site on
Flatbush Avenue, curbside deliveries to surrounding businesses are not
expected to be significantly affected. Most businesses are not expected
to be significantly affected by a temporary reduction in the amount of
pedestrian foot traffic that could occur as a result of construction
activities. For example, Atlantic Avenue commercial uses in the vicinity
of the project site are concentrated in the Atlantic Center and Atlantic
Terminal shopping centers, located immediately north of the arena
block. Construction of the proposed project would not adversely affect
these businesses, most of which are destination retail stores that do not
rely on pedestrian traffic and attract customers from across Brooklyn. In
addition, as described in Chapter 17, “Construction Impacts”, the
businesses, such as those along Flatbush and Atlantic Avenues, are not
expected to be adversely affected by the temporary relocation of bus
stops near the project site. Overall, construction of the proposed project
is not expected to result in any significant adverse impacts to
surrounding businesses.

Comment 17-15:

A local citizen review panel to monitor construction must be
established, with immediate access to official channels in order to stop
or modify unacceptable construction activity. (461)
An independent body with testing and enforcement capabilities should
oversee the construction of the proposed project. (108)
The FEIS should order appointment of a Construction and Project
Design Oversight Watch Group to monitor construction and the
proposed design as it progresses, and listen to and address community
complaints during the 10-year proposed construction period. In order to
be effective in any way, this must be an independent group that is
designed to absorb public input, and it must have enforcement powers.
(48, 255)

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A local monitoring committee should be established during demolition
and during construction. (37)
The DEIS does not mention a process in which citizens can submit
complaints and concerns during the construction phases. (560, 585)
Response 17-15:

In addition to the construction management team that would monitor
day-to-day construction activities, an on-site construction coordinator,
functioning as a liaison between the project sponsors and the
community, would be available to address specific concerns. ESDC
would require the project sponsors to enter into contractual obligations
to implement the environmental impact avoidance and mitigation
measures to be executed by the project sponsors. During construction of
the proposed project, ESDC expects to retain the services of appropriate
professionals to monitor and ensure compliance with the same.

Comment 17-16:

If the project proceeds as planned, Dean Street will become a dustcovered, congested construction zone until the children living here have
gone to college. (57)
During the 10-year construction period, interim surface parking lots and
construction staging areas incompatible with existing zoning will be
placed in direct proximity to Dean Street homes and businesses. (48, 57,
108, 460)

Response 17-16:

The potential for dust, particulate matter and congestion resulting from
construction of the proposed project was examined in great detail in the
DEIS. No significant adverse impacts on air quality from the
construction of the proposed project are expected on Dean Street or
other locations in the project study area. As stated in responses to other
comments, the use of Blocks 1128 and 1129 for construction
management and staging/parking is integral to the project’s construction
and essential to minimizing disruptions on the surrounding
neighborhood and roadway network. Potential impacts on Dean Street
from the construction of the project were disclosed in the DEIS. In
addition, Block 1129 is predominantly a manufacturing zone as is the
block immediately to the south.

Comment 17-17:

There should be engineering evaluation and monitoring to ensure that
our facades and foundations survive the construction period. (461)
There is concern about the direct impacts on the physical integrity of the
nearby buildings from the project’s construction. What is the plan to
protect building residents on Dean Street? (560, 585)

Response 17-17:

November 2006

The DEIS included an assessment of the potential vibration impacts of
construction activities on structures and residences near the project site.
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Vibratory levels would not result in architectural or structural damage to
nearby structures. Moreover, consistent with standard practice, the
project sponsors would conduct a pre-construction survey of adjacent
and identified historic buildings to determine their condition. This not
only assists in the engineering determinations of construction methods
to ensure such structures are not damaged, but also to properly
document conditions before construction starts. As disclosed in the
DEIS, a Construction Protection Plan would be developed to comply
with the procedures set forth in TPPN #10/88 and other New York City
Building Code regulations in order to ensure that off-site historic
resources are not damaged during construction. Also as noted in the
DEIS, the historic resources of most concern with regard to the potential
for structural or architectural damage due to vibration are the Swedish
Baptist Church (the Temple of Restoration) and nearby row houses
along Dean Street, which are immediately adjacent to the site of
Building 15. The project sponsors would implement a monitoring
program to ensure that no architectural or structural damage would
occur.
Comment 17-18:

The project should be reviewed in phases to account for real-time
information and actual impacts associated with construction, and after
the completion of Phase I, to take into account the actual effects of the
project and allow for greater flexibility in achieving further mitigation.
(25)

Response 17-18:

The assessment performed for the DEIS was based on the likely
construction methods, practices and timeline for construction. Input on
state-of-the-art real world measures and environmental controls on
equipment that can be procured at the present time were utilized in the
impact assessments for the DEIS and FEIS to evaluate the potential
environmental impacts of construction. As such, they provide realistic
mitigation that can be incorporated into the project at this time. The EIS
analyzed the potential for construction-related impacts at peak
construction periods throughout the anticipated duration of construction.
Continuing coordination between the project sponsors, their
construction managers, and City agencies would be undertaken
throughout construction to address specific needs that may arise.

Comment 17-19:

Site 5 should be designated as a separate Phase III so that construction
is not occurring simultaneously on both sides of Flatbush Avenue at this
busy location. (25)

Response 17-19:

Site 5 is included in Phase I because it is a site unencumbered by the
need to move a rail yard or build an arena. As such, its construction

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could proceed independently and rapidly should, for example, an office
tenant be identified. Thus, it is consistent with a reasonable worst-case
construction impact analysis to include it in the Phase I build year of
2010. The potential significant adverse impacts of construction of Site 5
during the anticipated timeframe were disclosed in the DEIS. Based on
the results of these analyses, changing the timeline of construction of
Site 5 would not result in any appreciable change in predicted
significant adverse impacts than those reported in the DEIS, and would
not reduce or avoid significant adverse impacts disclosed in the DEIS.
Comment 17-20:

It is not consoling to read that the DEIS vaguely suggests analyzing
safety hazards sometime in the future. People living near the site need to
know now what health, noise and quality of life issues they will be
facing over the next decade, not at some undetermined point in the
future. (48)

Response 17-20:

While the comment is not specific on safety issues discussed during
construction, the DEIS fully analyzed the potential for impacts on the
community throughout construction phases. As part of this analysis, the
DEIS noted safety measures including the preparation of a construction
health and safety plan (CHASP). The CHASP would be finalized in
concert with the construction management/coordination plan.
Additional information on what would likely be included in the CHASP
is included in the FEIS. The CHASP would be prepared in accordance
with Occupational Safety and Health Administration (OSHA)
regulations and guidelines, to address both the known contamination
issues and contingency items. The CHASP would include provisions for
the identification, handling and disposal of known and/or unexpected
buried tanks, petroleum-contaminated soil, historic fill, or other
contaminated materials that might be encountered. The CHASP would
also address procedures for stockpiling, testing, loading, transporting
(including truck routes), and properly disposing of all excavated
material. A Community Air Monitoring Plan would also be included to
be implemented during excavation work that disturbs potentially
hazardous materials on the project site. Chapter 10, “Hazardous
Materials” of the FEIS provides further details on the likely air quality
monitoring requirements during various components of construction.

Comment 17-21:

What will be the impact of ten years of construction on Atlantic
Avenue’s status as a Shore Evacuation Route? (69, 107)

Response 17-21:

The proposed project and associated construction should not affect the
ability to use Atlantic Avenue as a Shore Evacuation Route As
disclosed in the DEIS, measures outlined in the Construction Protection

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Plan (CPP) and Maintenance and Protection of Traffic (MPT) Plan
would ensure that lane closures are kept to a minimum. Construction of
the proposed project would not block or restrict access to any facilities
in the area, and would not affect emergency response times
significantly. As part of the approvals for the MPT, it is expected that
the New York City Department of Transportation Office of
Construction Mitigation and Coordination (OCMC) would require
intermittent lane closures during off-peak hours or for shorter roadway
segments. The construction-related effects on Atlantic Avenue would be
the most pronounced during the early stages of construction when
activities associated with the Carlton and 6th Avenue bridge
replacement, the construction of the LIRR West Portal, and the utility
installation would be undertaken. After Phase I of the project is
completed, anticipated in 2010, the related roadway improvements
would substantially improve operations along Atlantic Avenue,
particularly between Flatbush and Vanderbilt Avenues. After this time,
construction activities would occur primarily on-site and would have
little effect on traffic flow on Atlantic Avenue or its status as a Shore
Evacuation Route. In the event of a shore evacuation, it can be assumed
that construction-related traffic or construction activities at the site
would be discontinued or significantly reduced.
Comment 17-22:

A three-year development period for the first phase is extremely tight
and it is reasonable to question whether it can be completed in such a
short period of time. Property must be condemned, and any legal
challenges cleared. The Vanderbilt Rail Yards renovation must be
completed and a platform section built. All discretionary approvals must
be completed, streets closed, and utilities relocated. Coordination with
local agencies and services to minimize construction impacts will take
time. Major street reconstruction/utility replacement projects in central
area of Brooklyn often take 2-3 years, and that does not include new
construction. (55)

Response 17-22:

The four-year timeline for construction of the first phase of the project
is based on the engineer’s estimates of completion based on a detailed
scheduling program for construction, and years of experience in the
construction of sports complexes and residential/office buildings. As
part of this scheduling, an extensive amount of coordination with the
utility and transportation agencies has been undertaken before the
preparation of the DEIS to ensure that the analyses reflect the likely
timelines for reconstruction/utility replacement. The schedule and
analyses concentrate construction activities at the site and assures that
the reasonable worst-case construction condition is analyzed.

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Comment 17-23:

Should the first phase take longer than three years, construction impacts
in the second phase could intensify, and this would require additional
environmental impact analysis. Should the entire project take longer
than 10 years, this will extend the period of significant and adverse
impacts, and the subsequent public health implications. (55)
Local real estate market conditions are difficult to predict 10 years in
advance. The long-term strength of both residential and commercial
markets may be difficult to assess and investors may choose to delay the
project, or add new phases, so that what is now planned for the second
phase by 2016 may actually be built over a much longer period of time.
(55)
The phasing of the project is a complicating factor in the analysis of the
construction plan. As the project is currently proposed, the second phase
of the development has no concrete, enforceable timeline. That means
there is real potential any "temporary" alterations to the 2nd phase
footprint for the purposes of construction will remain unchanged for a
long time after the projected ten year final build-out, if not permanently.
(108)

Response 17-23:

The timeline for construction takes into account the practicality of
completing various project elements before additional elements of the
project can be started. If there were delays in completion of Phase I, this
would likely result in some start-up delays for Phase II, but would not
likely result in more intense construction for Phase II. The impacts
represented in the DEIS identify and describe the potential significant
adverse impacts that would result from the construction of the proposed
project on the anticipated schedule. If there are unanticipated delays in
the completion of any elements of the project, the duration of other
elements would not be expected to change appreciably, and no new
significant adverse impacts would be expected.

Comment 17-24:

We recognize the concern of some citizens about how the construction
of new foundations will impact the integrity of nearby existing
buildings. This concern can be further addressed when the architects,
engineers, and construction managers review the overall project design.
In this industry, and with a project of this magnitude, such concern and
thorough evaluation is an activity of the preliminary design process.
(73)

Response 17-24:

Comment noted.

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Comment 17-25:

The increase in dust and noise during construction will make the Fulton
Street commercial strip an unpleasant venue for shopping and
pedestrian foot traffic which are essential to storeowners. (105)

Response 17-25:

As discussed in other response to comments and the DEIS, extensive
dust control measures will be incorporated into the construction plans.
The extent of predicted potential significant adverse noise impacts from
construction would not extend to Fulton Street. The construction of the
proposed project would not significantly affect the shopping
environment of the Fulton Street.

Comment 17-26:

In 1997, St. Felix Street, which is adjacent to Atlantic Center Mall,
collapsed taking the buildings’ historic facades with it. Vibrations from
the subways and a broken water main caused the collapse. This is one of
the oldest sections of Brooklyn, where there are two houses still
standing from the Dutch era just two blocks away on Fort Greene Place.
How will this area of historic homes, particularly the blocks adjacent to
the site, survive the vibration of excavation, pile driving, and heavy
truck traffic caused by 35- to 60-story buildings being erected? These
issues must be mitigated. (105)

Response 17-26:

The DEIS concluded that there would be no significant vibration
impacts on structures on Fort Greene Place. As noted in the DEIS and
other responses to comments, a Construction Protection Plan (CPP)
would be developed to comply with the procedures set forth in TPPN
#10/88 and other New York City Building Code regulations in order to
ensure that off-site historic resources are not damaged during
construction. There would be no pile driving associated with the
proposed project; rather, the piles would be bored.

Comment 17-27:

In addition to temporary landscaping around construction sites,
significant, mature trees be planted on adjacent streets, including the
entirety of Dean Street from 6th Avenue to Vanderbilt Avenue; Atlantic
Avenue from Flatbush to Vanderbilt Avenues; Vanderbilt Avenue from
Dean Street to Atlantic Avenue; Pacific Street between 6th and Carlton
Avenues; and other residential areas most affected. (371)

Response 17-27:

The proposed project would replace the street trees that would be
removed as a result of the project's construction activities. Additionally,
the proposed project would create eight acres of landscaped publicly
accessible open space that entail the plantings of a substantial number of
trees. It would also include street tree plantings on the sidewalks
abutting the project site, where practicable. (Because of subway vents
and other infrastructure constraints, certain sections of the public
sidewalk may not accommodate street plantings.) These locations would
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include Atlantic Avenue from Flatbush to Vanderbilt Avenues,
Vanderbilt Avenue from Dean Street to Atlantic, Pacific Street between
6th Avenue and Carlton Avenue and portions of Dean Street adjacent to
the project parcels.
Comment 17-28:

The FEIS should examine an alternative construction schedule that
provides additional publicly accessible open space beyond that of the
Urban Room in Phase I. (94)
The FEIS should examine an alternative that eliminates or moves the
construction materials storage, staging, and parking lot proposed for the
eastern blocks of the project site. Instead, this alternative should
consider the provision of open space on these sites sooner than currently
proposed. (94, 119)

Response 17-28:

The proposed project would provide a total of 8 acres of new open
space within the development parcels. In addition to the Urban Room,
there would be approximately 1 acre of private open space on the roof
of the arena at the completion of Phase I. Open space would be added
incrementally between 2010 and 2016 as development on the project
site progresses eastward and each successive building is constructed.
Because construction staging would be more critical during the earlier
stages of construction to complete the arena block, Carlton and Sixth
Avenue Bridge replacements, LIRR West Portal improvements, and the
decking over the Vanderbilt Yard, having a dedicated staging area at
Block 1129 would reduce the need for on-street construction staging,
which typically results in the taking up of available curb space and at
times disruptions to general traffic flow. By also using it for temporary
construction worker parking, the need to circulate neighborhood streets
by construction workers seeking available parking would be reduced as
well. Furthermore, the full use of open space on the project site would
not be feasible because of access and safety considerations as
construction of project elements is undertaken. Therefore, the early
development of open space on the eastern portion of the project site is
not considered a feasible alternative to the proposed project.

Comment 17-29:

The project sponsors should stop construction on all recognized
religious holidays in respect of the multicultural communities in
Brooklyn. (12)

Response 17-29:

Interrupting construction for all religious holidays would prolong the
construction period and any associated impacts on the surrounding
community and would be inconsistent with standard construction
practices.

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Comment 17-30:

The depth of the construction impacts are understated and under
analyzed. As an example, in a serious oversight Pacific Street and
Carlton Avenue are not included in the construction impact analysis.
Construction impact analysis of Pacific Street between 6th and Carlton
Avenues will show the consequences of the construction traffic plan on
the residential Newswalk building located there. It is generally most
efficient to place staging as close to, if not in the site under construction.
(108)

Response 17-30:

The analysis of construction impacts presented in Chapter 17,
“Construction,” included Pacific Street and Carlton Avenue. With
respect to traffic-related construction, under the reconfigured street
network, Pacific Street between 6th and Carlton Avenues serves only
local traffic. As such, its traffic level would be substantially lower than
other area streets. Hence, its intersections with 6th and Carlton Avenues
were appropriately not included as critical intersections for the
construction traffic impact analysis. While some truck traffic would
result from staging activities at Block 1129, most truck deliveries would
be timed and accommodated at the many site driveways and curb
locations along the perimeters of the project site. Truck deliveries would
also follow NYCDOT designated truck routes and traverse local streets
only upon site access. Contrary to the conclusions made in the
comment, using Block 1129 for construction staging would instead
minimize travel and curbside activities on neighborhood streets. The
analysis assumptions and results were presented in a comprehensive
manner in the DEIS and its supporting appendices.

CONSTRUCTION—NOISE
Comment 17-31:

Why did analysis exclude the din that will be caused by years of
construction and skip to the 2010 year of completion? (358)
Many areas will encounter the cumulative effect of both operational and
construction noise. The analysis of operational and construction noise
should be combined across each phase in the project. (108)

Response 17-31:

The construction noise analysis presented in the DEIS examined
potential impacts of the project during the worst projected quarterly
periods for each year of construction—2007 through 2016. The noise
construction impacts for Phase II accounted for the noise generated by
operations of the Phase I buildings.

Comment 17-32:

Loud activities must be banned completely at night. (461)

Response 17-32:

The DEIS described the likely reasons why work would be required at
night. The construction noise analysis examined potential noise impacts
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that would occur due to weekday nighttime 2nd shift construction
activities. Those analyses showed that even though ambient noise levels
are lower during weekday nighttime (2nd shift), in general, the largest noise
increases are predicted to occur during the weekday daytime (normal)
construction time period. This is because only limited construction
activities, which need to take place to avoid impeding construction would
be scheduled to take place during the weekday nighttime (2nd shift). The
primary exceptions would be work scheduled during nighttime hours in
order to avoid impeding on transit operations or traffic flow. Evening work
would be subject to the approval of the City or, with respect to work on
MTA property, the MTA.
Comment 17-33:

The tables in the “Noise” section cite “noise levels,” which are actually
sound level readings. The DEIS appears not to know the difference
between sound and noise. By treating sound and noise interchangeably,
the DEIS relies heavily on sound level readings and tends to underplay
the actual impacts of these different sound levels on people. Nowhere
are the effects of noise on people described. (55)

Response 17-33:

In general, noise, in its simplest definition, is unwanted sound. Sound
can be unwanted for a large variety of reasons—because of its intensity
(loudness), tonal character, when it occurs, etc. What is unwanted sound
is very subjective. Various people react differently to different types of
sound. The commenter is correct that frequently sound and noise are
used interchangeably. However, for purposes of assessing noise impacts
and following accepted practice and recommendations in the City’s
CEQR Technical Manual, impacts are determined based upon the
change in the intensity (loudness) of the sound (noise) level. A brief
discussion of the effects of noise on people was provided in Chapter 15,
“Noise” of the DEIS.

Comment 17-34:

Sometimes it is acknowledged that noise produced by on-site
construction activities will be “clearly unacceptable.” But this language
ignores the actual impacts on people’s physical and mental health.
Adding insult to injury, the DEIS then concludes that there are many
areas in New York City where noise levels fall into the “marginally
unacceptable” category and further concludes that “the noise levels
produced by construction activities with the incorporated noise
reduction measures would be relatively low for a construction of a
project of this magnitude.” Such statements dismiss any significant
impacts on people. (55, 57)

Response 17-34:

The classifications mentioned are based upon the categories listed in
Table 15-4, Noise Exposure Guidelines for Use in City Environmental

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Impact Review, of the DEIS, which is from the City’s CEQR Technical
Manual. The statements that “there are many areas in New York City
where noise levels fall into the ‘marginally unacceptable’” category and
that “the noise levels produced by construction activities with the
incorporated noise reduction measures would be relatively low for a
construction of a project of this magnitude” are correct.
Comment 17-35:

The DEIS ignores the impact of noise on children’s learning. (55)

Response 17-35:

Chapter 15, “Noise,” in the description of Noise Fundamentals, states
that “If sufficiently loud, … noise may interfere with human activities,
such as sleep, speech communication, and tasks requiring concentration
or coordination.” This would include children’s learning. As noted in
Chapter 17, “Construction Impacts”, most work would occur during
normal working hours, and no nearby schools would have predicted
significant adverse noise impacts as a result of construction of the
proposed project. In addition, the proposed mitigation measures for
residences (i.e., window treatment and alternative ventilation for
residences that don’t already have double glazed windows and alternate
ventilation) where significant adverse noise impacts from construction
were predicted would generally result in interior L10 noise levels below
the CEQR 45 dBA L10 recommended level for these land use types.
Therefore, no significant adverse impacts on children’s learning are
anticipated with the proposed project.

Comment 17-36:

By the DEIS’s own predictions, it seems that the street noise from the
traffic will be so massive that it will “mask” the construction noise and
is therefore not identified as a major problem in the DEIS. More
analysis needs to be done. (37)

Response 17-36:

As discussed in the DEIS and in other response to comments, an
extensive assessment of construction noise was performed for the
proposed project. The analyses for the DEIS followed the guidance in
the City’s CEQR Technical Manual.

Comment 17-37:

Figure 17c-1 shows four buildings in Block 1137 as residential, even
though they are designated otherwise. On the same block the wellestablished creative sector was excluded. It is critical in construction
noise analysis to identify creative sector as it's highly sensitive to noise.
(296)

Response 17-37:

The land uses depicted in Figure 17c-1 for this block are correct. All of
the nearby sensitive uses were identified in the DEIS noise analyses,
and the potential significant adverse impacts from noise (over time at
discrete locations) was presented in the DEIS.
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CONSTRUCTION—AIR QUALITY
Comment 17-38:

The DEIS fails to discuss the potential pollution that will result from the
handling of building materials during the actual construction phases.
Particulate matter released into the air by sawing, drilling, cutting,
planing, welding, brazing, sanding will adversely impact air quality.
Much of the pollution will not be containable. (24, 488, 563)

Response 17-38:

Analysis of dust emissions during construction was included in the
detailed modeling analysis presented in the DEIS. This included the
major potential sources of dust, such as resuspension of dust from
unpaved surfaces, excavation, loading and unloading of material and
debris, demolition, etc. The dust emissions were included in the
analyses, and no significant adverse impacts from airborne particulate
matter were predicted. Sawing, cutting, planing, sanding operations onsite would be minimal, and would be an insignificant source of dust.

Comment 17-39:

The DEIS predicts that PM2.5 impacts both during the ten-year
construction period and after Project completion will be high enough to
exacerbate the already existing violation of national ambient air quality
standards (NAAQS). That alone is considered a significant impact
according to the city’s CEQR Technical Manual. The construction
period impacts in particular do not simply represent marginal
exacerbation of the PM2.5 violation, but will be far in excess of the
concentration thresholds adopted by both DEC and DEP as a measure of
“significant impacts” even in the absence of an NAAQS violation.
Under SEQRA, significant impacts require mitigation. (55, 488)

Response 17-39:

No significant adverse impacts on air quality would be expected at any
time throughout the duration of construction and operation, due in part
to the extensive emissions reduction program that was adopted as part
of the proposed project. Maximum predicted impacts greater than
guidance threshold values were predicted for limited duration in
covered walkways adjacent to construction (up to two years at some
locations), and in some limited cases for limited peak periods at
residential locations as well—up to a single year of exceedance of the
annual threshold or a single day of exceedance of the 24-hour threshold
at a few specific ground-floor residences. The CEQR Technical Manual
does not specifically address the determination of significance of PM2.5
impacts since it was last updated prior to the EPA PM2.5 determination
of non-attainment and the publication of any PM2.5 analysis procedures
by EPA and DEC; it does not state that any increment in PM2.5, or of
any other pollutant, would be significant. DEP has provided guidance
similar to DEC, adopting incremental threshold values for evaluating

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PM2.5 impacts from projects. Under the guidance, if exceedance of these
thresholds is expected with a proposed action, an EIS should be
prepared, such as was done for the proposed project, and identification
of mitigation measures, such as the Best Available Technologies
strategy already included in this project, should be identified. SEQRA
regulations (and the City’s CEQR Technical Manual) recommend that
the significance of an action’s potential adverse impact should be based
on evaluating the setting, the probability of occurrence, the projected
duration, its irreversibility, the geographic scope and magnitude, and the
potential number of people affected. These evaluation criteria, along
with PM2.5 guidance from DEP and DEC, were followed to determine
the significance of potential air quality impacts during the construction
period. As a result of the inclusion of an extensive emissions reduction
program, incorporated in the proposed project, no significant adverse air
quality impacts, as defined by SEQRA and CEQR, were predicted
during construction.
The predicted increment in PM2.5 concentrations from the projected
construction, at the locations of maximum impact, would be less than
increases from other construction projects subject to study in an EIS.
For example, in the EIS for the Croton Water Treatment Plant, DEP
concluded that the temporary maximum PM2.5 increments from
construction would be 17.9 µg/m3 averaged over 24-hours and 1.31
µg/m3 averaged over a year at discrete locations, higher than the
maximum impacts predicted in this EIS, and would be 0.35 µg/m3
averaged over a year at a nearby residential location, which also exceeds
the threshold guidance value, but concluded that there would be no
significant adverse impact on air quality. In that case, DEP stated that
“...this concentration only occurs during the peak year (2010), and the
annual concentration for the rest of the construction period will be
lower than 0.3 µg/m3…. Based on the above, the impact from the
construction of the project on PM2.5 was not considered significant.”
Comment 17-40:

Despite the mitigation measures, PM2.5 impacts will still be relatively
high. However, rather than consider additional mitigation measures, the
DEIS claims that the remaining impacts are not “significant.” (55)

Response 17-40:

The emissions reduction program was included in the proposed project
in order to attain the lowest practicable emissions from construction
activity. In realistic terms, due to these emission reduction measures,
PM2.5 impacts from construction of the proposed project would be
reduced by approximately 90 percent. As a result, off-site PM2.5
concentration increments from construction of the proposed project at
any given location would be reduced to the maximum degree
practicable. In addition, the magnitude of the PM2.5 impacts with these
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emission reduction measures would be less than impacts from smaller,
standard private construction projects. The impacts would not be
significant, as described above.
Comment 17-41:

EPA took into account the other factors the DEIS says it will consider
(urban/rural setting, probability of occurrence, duration, irreversibility,
geographic scope, number of people affected) in setting federal
standards at a level “requisite to protect the public health.” EPA’s
determination should be sufficient, and the sponsors lack the expertise
to challenge standards set by the EPA. (55)

Response 17-41:

The DEIS does not “challenge standards set by the EPA.” Quite to the
contrary, the analysis utilizes EPA standards, where those standards are
not exceeded in the background condition, and as a basis for
comparison when they are, such as is the case of PM2.5. No new
exceedances of the NAAQS were predicted. However, the above
mentioned factors are utilized not in determining the attainment of EPA
NAAQS standards, but rather for assessing the significance of any
impacts under SEQRA. EPA does take such factors into account in
setting standards, which is why PM2.5 NAAQS were based on 3-year
averages. Even if NAAQS attainment were the issue, none of the
temporary impacts during construction of the Proposed Project would
occur in one place for three years. Nonetheless, the analysis for EIS
purposes, according to CEQR and SEQRA, goes further to analyze peak
potential pollutant concentrations (i.e., the highest year or the highest
day) without using a 3-year averaging period (as is done for NAAQS
determinations), and including sidewalk, window and air intake
locations, because it is determining significance, not NAAQS
attainment.

Comment 17-42:

As a state agency, ESDC is obligated to mitigate violations of NAAQS
identified by the SEQRA process, since this is one of the strategies of
the State Implementation Plan (SIP) that New York implemented to
comply with the Clean Air Act. The sponsors do not have the authority
to supersede the SIP. (55)

Response 17-42:

It is not clear what SIP the comment refers to. There is currently no SIP
for PM2.5. The only SIP currently in affect in New York is the ozone
SIP, which is clearly not relevant to PM2.5. There is mention of the
SEQRA process in the Carbon Monoxide (CO) Maintenance Plan (the
successor to the previous CO SIP), which states that transportation
projects “1. Either not cause or contribute to any localize CO violations
or increase the frequency or severity of any CO violation, and 2. Either
eliminate or reduce the severity and number of localized CO violations

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affected by the project”. As demonstrated in the DEIS, the proposed
project would not cause any exceedance or exacerbation of the CO
NAAQS.
Exceedances of the NAAQS from existing regional sources of PM2.5
were reported in the DEIS. As indicated in the DEIS, no new
exceedances of the NAAQS have been predicted because of the
proposed project, and the lead agency is not superseding the SIP. The
State does not yet have a PM2.5 SIP, but would be required to develop
one by 2010. The future SIP will need to present a plan to reduce
regional emissions of PM2.5 and its precursors. Contrary to the opinion
raised in the comment, by adhering to extensive PM2.5 emissions
controls during construction, which would be mandated by ESDC, the
proposed project would reduce regional emissions of PM2.5 in the New
York City metropolitan region, and support the SIP objective of
emissions reductions, since the regional benefits could extend beyond
the limits of the project. It is likely that the benefit of the clean
construction equipment mandated for the proposed project would
extend beyond the limits of the proposed project because equipment that
is no longer needed on the project site would likely continue to be used
for construction of other projects in the region.
Comment 17-43:

The DEIS claims that the Project causes no significant air quality
impact because “maximum predicted PM2.5 concentration levels are
comparable to ambient levels of PM2.5 measured at various locations in
New York City over the past several years” and the “impact is
comparable to increments predicted for many small-scale construction
operations.” (55)

Response 17-43:

The significance determination in the DEIS is not based on impact
levels of other projects. The significance of potential PM2.5 impacts was
determined according to SEQRA regulations, guidance in the CEQR
Technical Manual, and the NYSDEC and DEP guidance threshold
criteria. Comparisons to other projects or environments are presented in
order to put the maximum predicted impacts from the proposed project
in perspective, explaining that not only would the project not have
significant adverse impacts as defined above, but that even the
temporary exceedances of the thresholds identified are well within the
range of the norm for much smaller projects without comparable
emission controls. The overall PM2.5 concentrations would likely be
similar to concentrations at other locations in New York City.

Comment 17-44:

The DEIS claims that short-term PM2.5 impacts are not significant if
they occur “only on days when wind speeds would be low and blowing

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from the site” toward a particular sidewalk, and annual PM2.5 impacts
are not significant if they occur at only one residential location or only
for one year. NYSDEC and DEP have already considered the
geographic and temporal extent of impacts in their interim PM2.5
guidance. Both concluded that predicted PM2.5 impacts, at any location
that exceed certain thresholds for the requisite time periods (one day or
one year) require mitigation “to the maximum extent practicable,” and
the sponsors have agreed to abide by those policies. (55)
Response 17-44:

As discussed in other responses to comments, the DEIS correctly
followed the SEQRA regulations and CEQR Technical Manual for the
evaluation of the significance of PM2.5 impacts during construction by
taking into account the setting, the probability of occurrence, the
projected duration, the irreversibility, the geographic scope and
magnitude, and the potential number of people affected by predicted
potential impacts. As noted in the DEIS, the sponsors have committed
to a PM2.5 emissions reduction program during construction, to be
mandated by ESDC, that would result in the lowest PM2.5 emissions and
impacts practicable during construction of the proposed project.

Comment 17-45:

The sponsors apparently misunderstand DEP’s PM2.5 guidance.
Sponsors seem to believe that DEP’s annual stationary source criterion
consists solely of an average impact of 0.1 μg/m³ within a 1 km square.
This is not correct. The DEP criterion is an alternative formulation DEP
developed, but DEP also applies the same annual criterion as NYSDEC
of a maximum of 0.3 μg/m³ at any location. According to DEP, a
violation of either annual criterion is considered a significant impact.
Also DEP does not apply any emissions threshold. (55)

Response 17-45:

The DEIS clearly states that both annual thresholds are relevant, and
both were used in the assessment. All of the DEP and NYSDEC criteria
were considered and employed in the DEIS. However, the comment is
incorrect in stating that a predicted exceedance of DEP’s 0.3 µg/m3
criterion alone mandates a determination of significant adverse impacts;
determination of significance under CEQR and SEQRA also takes into
account the setting, the probability of occurrence, the projected
duration, its irreversibility, the geographic scope and magnitude, and the
potential number of people affected.
As part of the preparation of the DEIS, in addition to following the
recommendations of the SEQRA regulations and CEQR Technical
Manual for determining significance of PM2.5 impacts during
construction, the ESDC reviewed the results and conclusions from
numerous other EISs that evaluated and quantified air quality impacts
from construction. These included the DEP FEISs for the Croton Water

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Treatment Plant Project, the Catskill Delaware Ultraviolet Light
Disinfection Facility and Shaft 33B to City Water Tunnel No. 3 - Stage
2—Manhattan Leg. All of these DEP EISs had quantified construction
impact analyses with maximum 24-hour and annual average PM2.5
concentrations at discrete receptors greater than the applicable
NYSDEC and DEP guidance criteria, yet DEP made SEQRA
determinations that the construction air quality impacts were not
significant. As noted, several of these included DEP large scale
construction projects, and the same SEQRA/CEQR approach for
making determinations of significance for PM2.5 impacts was followed.
Comment 17-46:

Combustion of natural gas in diesel engines is inherently less polluting
than combustion of diesel fuel. With regard to PM2.5 emissions, natural
gas combustion has emissions as low as the combination of ultra-low
sulfur diesel fuel and particulate filters that the sponsors have
committed to use on construction equipment. But diesel particulate
filters may not fit all existing equipment. In those cases the sponsors
plan to use less effective oxidation catalysts. Sponsors should examine
the use of natural gas where particulate filters cannot be used.
Furthermore, even with the use of particulate filters and the other
measures the sponsors propose, PM2.5 impacts during the ten-year
construction period will still be relatively high. Sponsors should explore
the use of natural gas with diesel particulate filters or oxidation catalysts
to further reduce PM2.5 emissions. (55)

Response 17-46:

Natural gas engines are not available for most categories of construction
engines, and data on emissions is even sparser. Based on the available
data from EPA’s latest NONROAD model, although natural gas engines
generally have a very low emission rate of particulate matter and of
sulfur dioxide, the particulate matter levels from natural gas engines
would be similar to or somewhat higher (possibly as much as three
times higher) than those from engines fitted with diesel particle filters
(DPF) using ultra low sulfur diesel, which would be used for the
construction of the proposed project. The sulfur emissions from natural
gas engines, although very low, would be somewhat higher than those
from engines using ultra low sulfur diesel, depending on the quality of
the gas. Natural gas engines would in most cases emit higher levels of
nitrogen oxides (NOx), and substantially higher levels of carbon
monoxide (CO) and volatile organic compounds (VOCs). As stated
above, natural gas fueled construction engines are fairly rare, and may
not be available at all for many categories of equipment, whereas diesel
engines for all construction equipment types are readily available and
can easily be retrofit with tailpipe controls such as particle filters.

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While natural gas powered generators are available, they are not
designed in consideration of the portability a large construction job site
necessitates. As a result of this, the utility of natural gas generators on a
construction site is problematic. These generators would need a natural
gas standpipe as a fuel source, which is required to be encased in a rated
enclosure. Natural gas systems on an active construction site during the
erection of a structure would create significant safety concerns. Jobsite
generators generally need to be available for use in proximity to the
progression of the leading edge of the work, so the natural gas systems
and distribution lines would need to be continually extended, and then
inspected and approved for use with each move which could cause
interruptions and delays to the project schedule.
Since there would likely be no air quality benefit to the use of natural
gas, and many difficulties, natural gas is not considered a viable option.
The application of DPFs or diesel oxidation catalysts (DOC) with
natural gas engines has not been widely tested or used for construction
engines. For the purposes of the analysis, all engines that were known to
be needed for construction and were therefore included in the analysis
were identified as good candidates for DPFs. This conclusion is
supported by recent experience in other large New York City
infrastructure construction projects, and research undertaken with
regional construction equipment suppliers, engine manufacturers and
contractors before the DEIS was issued. The option of using DOC was
introduced as an alternative only for cases where DPF or electric
engines were not possible for safety or operational reasons.
Comment 17-47:

The sponsors should monitor PM2.5 concentrations both during
demolition and during the ten-year construction period. (55, 255)
PM2.5 monitoring is a relatively easy and inexpensive process that was
used effectively in lower Manhattan after the World Trade Center
disaster. (55)
Proposed mitigation is insufficient. Air monitoring is limited to
demolition activities and does not include monitoring for PM2.5
(particulate matter which may bypass filtration in the nose and be
deposited in the lungs). We want more extensive air monitoring, more
limitations on heavy construction and an active community advisory
committee throughout the 10-year construction period. (26)
Dust is currently planned only to be measured during demolition. It
must be measured throughout construction, with immediate local
residents serving on a monitoring. (461)

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Response 17-47:

PM2.5 air monitoring during construction would not enable the
identification of small incremental levels, which could be expected with
the enforcement of the emissions reduction program. In addition to the
construction management team that would monitor day-to-day
construction activities, an on-site construction coordinator, functioning
as a liaison between the project sponsors and the community, would be
available to address specific concerns.
As part of the preparation of the DEIS, in addition to examining the
potential sources of PM2.5 and maximum practicable emission
reductions for such equipment, ESDC also examined variations in
measured PM2.5 from NYSDEC monitoring levels and specifications
utilized by other government agencies to monitor emission reduction
programs for construction activities. As discussed in Chapter 14, “Air
Quality,” NYSDEC PM2.5 monitoring data were reviewed to understand
the historic and seasonal patterns in PM2.5 background concentrations.
Figure 14-4 summarized one of these examinations. As shown in that
figure, the variations in measured 24-hour PM2.5 background
concentrations are extensive. Additionally, the study of co-located PM2.5
monitors at NYSDEC monitoring stations in New York City has
exhibited variations between monitored PM2.5 values at the same
location which were larger than the increments predicted during the
construction of the proposed project. The relative maximum PM2.5
increments expected from the proposed project with the incorporated
emission reduction program at upwind and downwind locations would
likely not be discernable, and the incremental PM2.5 concentrations
would likely not be discernable from any local PM2.5 monitoring during
project construction.
The small predicted increments from construction activity are not
similar in any way to emissions from the uncontrolled fires that were
ongoing in the aftermath of the World Trade Center terrorist attacks.
The cost of a monitoring program such as the one suggested, including
the purchase of equipment for multiple stations, securing locations for
stations, and constructing stations, and then maintaining the equipment
and processing and analyzing the data over a period of 10 years, is not
inexpensive. This effort and expense, as described above, would then
not enable the identification of small incremental levels, which could be
expected with the enforcement of the emissions reduction program,
even in the event that these increments would exceed the guidance
thresholds. No significant adverse impacts were predicted.
Instead, the most practicable approach to ensuring that PM2.5 emissions
are reduced during construction would be through contract
specifications and enforcement mechanisms that ensure the use of
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electric engines, ultra low sulfur diesel and the emissions controls on
construction equipment which were assumed in the analyses. The
emissions reduction program defines engine specifications and
operational measures that would result in the lowest practicable level of
emissions. This would be enforced by on-site inspections and the
associated record keeping procedures to ensure that the program is
implemented fully, and would be defined in enforceable commitment
documents.
Comment 17-48:

The EIS states that “Although concentrations of PM2.5 may increase by
more than the applicable 24-hour and annual average guidance
thresholds in areas immediately adjacent to the construction activity, the
PM2.5 threshold exceedances were predicted to be limited in extent,
duration, and severity,” but does not give any details. (108, 255, 560,
585)

Response 17-48:

The statement, taken from the Executive Summary, is only a summary
of much greater detail given in the Construction chapter in great length,
describing the limited location, extent, and duration of the predicted
exceedances of threshold values.

Comment 17-49:

The DEIS states that 24-hour average PM2.5 concentrations may exceed
the guidance threshold at some ground-floor residential location
immediately adjacent to the construction activity only on one single day
of the entire construction period while also stating that annual average
of PM2.5 concentrations may exceed the thresholds at some ground-floor
locations for one year. (108, 255, 560, 585)

Response 17-49:

The DEIS statements are correct. The annual and 24-hour thresholds are
different, and measure different averaging periods. It is possible to have
an annual exceedance without ever exceeding the 24-hour average
threshold.

Comment 17-50:

The DEIS draws the conclusion that threshold exceedances pose no
significant adverse impact on the air quality when it clearly violates a
standard identified by EPA. (108, 255, 560, 585)

Response 17-50:

The threshold values are set by DEP and NYSDEC. The determination
of significance is not based on any potential single violation of a
threshold, but rather on CEQR and SEQRA criteria, as described in
detail in response to other comments. The proposed project would not
cause any new violations of EPA standards.

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Comment 17-51:

A declaration that water would be the wetting agent instead of an oil or
chemical product should be made. (108, 255, 560, 585)

Response 17-51:

Water would be used, as mandated by regulations. Details of dust
suppression methods would appear in the CHASP.

Comment 17-52:

The issue of traffic and parking are of substantial concern, and in
particular in regard to air quality. (255)

Response 17-52:

The DEIS undertook an extensive, conservative analysis of the potential
traffic and parking impacts from the construction of the proposed
project. As presented in the detailed microscale mobile-source air
quality analyses in the DEIS, air pollution increments from mobile
sources are expected to be quite low as compared with standards and
benchmarks. No significant adverse air quality impacts from
construction mobile sources are expected from the proposed project.

CONSTRUCTION—TRAFFIC
Comment 17-53:

Dean Street between 6th Avenue and Vanderbilt Avenue should not be
used for construction traffic due to negative impacts on Dean Street
Residents, including those in the Merchant House. (57, 461)

Response 17-53:

As shown in the figures in Appendix F in the DEIS, most constructionrelated traffic projected to use Dean Street between Flatbush and
Vanderbilt Avenues would be construction worker vehicles that
primarily arrive early in the morning (6-7 AM) and depart midafternoon (3-4 PM). Construction trucks, on the other hand, would
travel along NYCDOT-designated truck routes and access the project
site at designated locations, including driveways along the perimeters of
the project site. For the segment of Dean Street between 6th and
Vanderbilt Avenues, minimal exposure to construction truck traffic is
anticipated, as demonstrated in Exhibits F17a-19 through F17a-21,
because only a portion of Dean Street between 6th and Carlton Avenues
borders the project site and the block between Carlton and Vanderbilt
Avenues would be used for construction staging and construction
worker parking for most of the construction period.

Comment 17-54:

Access must be maintained at all times to the only parking garage on the
block, whose entrance is 700 Pacific Street. (461)

Response 17-54:

As shown in Figures 17a-1 through 17a-8 in the DEIS, construction
activities are not expected to affect the access to this parking garage.

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Comment 17-55:

The DEIS is devoid of any acknowledgement of the adverse impact of
construction on bicyclists. As the rash of recent bicyclist deaths and
injuries on Houston Street (currently under reconstruction) has proven,
errantly placed and non skid surface street plates, street debris,
increased rates of double parking and other construction related impacts
directly cause bicycle crashes. (55)
The construction phase of the project alone will bring a significant
amount of large vehicles to the proposed project area. These will pose
an especially high risk to bicyclists. The routes that these large vehicles
will take must be analyzed to determine the impact their presence will
have on the safety of bicyclists and bicycle infrastructure. (125)
Projected short or long term temporary street closures or incursions
during construction must be analyzed for any impacts on the bicycle
infrastructure. Appropriate relief measures should be put in place. This
will require a joint effort between the project sponsors and NYCDOT.
Public notice should be given to bicyclists about construction activities.
(125)

Response 17-55:

As stated in other responses, construction trucks would travel along
NYCDOT-designated truck routes and access the project site at
designated locations. The project construction would be conducted in
coordination with NYCDOT, to ensure that proper measures would be
employed to maintain and protect vehicular, bicycle, and pedestrian
traffic.

Comment 17-56:

The traffic on site will be limited to a speed of 5 miles per hour to avoid
the redistribution of dust, and vehicles would be required to turn off
their engines after three minutes of idling. Again, these are good
measures, but their enforcement needs detailing. (108, 255, 560, 585)

Response 17-56:

The construction management team would monitor and regulate day-today construction activities, including on-site traffic speeds. ESDC
would require the project sponsors to enter into contractual obligations
to implement the environmental impact avoidance and mitigation
measures to be executed by the project sponsors. During construction of
the proposed project, ESDC expects to retain the services of appropriate
professionals to monitor and ensure compliance with the same.

Comment 17-57:

As described in the DEIS and based on the Jay Street Marriott hotel
project, there is an average vehicle occupancy of 1.89 construction
workers per vehicle. Table 17-1 gives the numbers of estimated workers
and deliveries to the site during Phase I as exceeding 2,000 for a period
of 1.5 years, and the number of deliveries exceeds 300 for a period of

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over two years, with the exception of one month. Using these numbers
the site can expect over 1,000 worker vehicles and 300 deliveries daily
to enter and leave the site. This is far greater than the estimated 800
parking spaces that will be made available on site at the peak period and
suggests that 200 cars and 300 delivery trucks will be forced into
parking on local streets. (108, 255, 560, 585)
Response 17-57:

With an anticipated auto share of 55 percent for construction workers,
peak construction could generate over 1,000 worker vehicles during
limited periods in the construction schedule, as analyzed in the DEIS.
The study also recognized that construction workers would seek onstreet parking, and that some of the construction worker parking
demand would be accommodated on-street. However, it is expected that
area residents would adjust their parking habits and not wait until the
morning to move their vehicles for street cleaning purposes. It is
expected that any on-street parking by construction workers would have
more of an effect on commuters and transient parkers than on local
residents. As for construction-related truck deliveries, the DEIS has
stated that they would be mostly timed deliveries, avoiding excessive
queuing or on-street staging. Many of these deliveries would occur
directly on the construction site and some would be accommodated
along roadway curbs within construction fences, such that street
operations would not be further affected. In cases where truck staging is
required, which would primarily occur during Phase I of construction
(pre-2010), a staging area on Block 1129 adjacent to the future
temporary on-site parking facility would be designated for this purpose.

Comment 17-58:

The DEIS mentions that the Marriott project sponsors subsidized
parking while the Atlantic Yards project sponsors will not. In the DEIS
the sponsors conclude that an unsubsidized lot would discourage
workers from driving to work, but it is of great concern to the
neighborhood that the unsubsidized lot will have the impact of
encouraging workers to park on neighborhood streets, further
congesting the streets and contributing to traffic noise and vehicular
emissions at the local level. A more effective technique might be to
provide workers with subsidized metro cards or transit checks.
Additional efforts to relocate the workers’ vehicles away from local
streets would include the subsidizing of an off-site parking lot. (108,
255, 560, 585)

Response 17-58:

During the preparation of the DEIS, there was careful consideration in
balancing construction worker parking supply and demand. The two
surveys conducted, one in midtown Manhattan and the other in
downtown Brooklyn, demonstrated that a disproportionately higher
percentage of commuting trips by construction workers would be made
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by auto, even in areas where parking is more expensive or may not be as
readily available. While a transit subsidy would benefit those who
choose to commute via transit, it was concluded that it is not likely to be
enough of an incentive to significantly change the mode choice of
construction workers, many of whom travel with their tools, during offcommuter peak hours.
The analysis also accounted for a portion of the construction workers
choosing to park on street. As stated in the DEIS, there is currently an
inventory of available spaces near the project site, which would be the
most accessible to those construction workers arriving at the area early
in the morning (i.e., 6-7 AM). The study recognized this reality and
attempted to achieve a programming scheme that would supply enough
parking to minimize the impact on the surrounding streets and other
nearby off-street facilities while not encouraging more construction
workers to drive. It is believed that subsidizing construction worker
parking on-site would likely escalate the number of construction
workers traveling by auto. In addition, off-site subsidized parking is not
expected to reduce parking demand to the area, because constructionworkers would likely still travel to the project site seeking either free
on-street parking or closer off-street parking.
Comment 17-59:

Taking into consideration the expectation that the highest level of
construction activities would take place between the third quarter of
2008 and the second quarter of 2009 during which time one could
estimate 733 construction worker vehicles would arrive the hour before
(6 to 7 AM) and depart the hour after (3:30 to 4:30 PM) the regular day
shift, this represents a significant adverse traffic impact on local air
quality and vehicle-related noise. (108, 255)

Response 17-59:

The comment correctly summarizes the anticipated peak construction
worker periods and the times they would likely arrive and depart. The
potential impacts of these projected vehicle trips on traffic, air quality,
and noise were fully addressed in the DEIS.

Comment 17-60:

The DEIS states that “Overall, significant adverse traffic impacts during
construction were identified for 12 intersections in proximity to the
project site and seven outlying intersections….all significant adverse
traffic impacts identified at the outlying intersections would be
mitigated by the early implementation of proposed mitigation measures.
However, certain significant adverse traffic impacts identified at 10
intersections adjacent to the project site would remain unmitigated.”
This information is unambiguous in its description of the traffic
congestion that will plague the neighborhood and produce large

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quantities of emissions as cars idle and slowly make their way through
the area on a daily basis for the duration of the project. (108, 255, 380,
345)
Response 17-60:

The analysis was conducted for the time periods during which
construction activities are expected to be the highest to identify the
reasonable worst-case conditions during construction and the potential
measures that could mitigate these impacts to the extent practicable. As
shown in the DEIS projections, the intensity of construction activities,
and the traffic associated with those activities, would vary greatly over
the 10-year construction period. Furthermore, after the Arena block,
infrastructure work, and roadway improvements are completed in 2010,
the projected construction traffic impacts would likely be limited only
to the peak worker arrival and departure hours, which differ from the
commuter peak hours. The potential air quality impacts from car idling
and projected future traffic conditions from the construction and
operation of the proposed project were included in the DEIS.

Comment 17-61:

The DEIS fails to take into account the potential that transportation
problems will hinder completion of the project on schedule. The DEIS
also fails to examine whether traffic congestion during construction and
the closing of streets will affect emergency response times. (55, 108,
380)

Response 17-61:

Traffic-related impacts during construction were identified and potential
mitigation measures were evaluated in the DEIS. There is no material
correlation between traffic-related impacts and the construction
schedule. With regard to emergency response times, as stated in the
“Community Facilities” section of the DEIS Chapter 17 construction
assessment, lane closures would be coordinated with DOT and the
bridge reconstruction would be phased such that at least one bridge
would be open at all times during the construction period. The
construction of the proposed project is not expected to significantly
affect emergency response times nor would it affect the delivery of
police or fire protection services. The project site and the surrounding
area are well-served by NYPD and FDNY protection services as well as
hospitals, from all directions (See Chapter 5, “Community Facilities”).
Emergency response times would not be significantly affected because
of the geographic distribution of their facilities and their respective
coverage areas and the existence of multiple routes to their destinations.
As discussed in Chapter 5, “Community Facilities,” the City is
implementing an automatic vehicle location (AVL) system in all
ambulances and FDNY apparatus to allow for accurate real-time
information as to the location of the vehicles. The use of this technology
is expected to further reduce emergency response times.
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Comment 17-62:

The percentage of fee avoiding construction workers needs to be
factored into the FEIS’ determination of the impact on local parking
along with the aggravating effect on traffic and air quality caused by
cars circulating local streets in search of free parking at all hours, seven
days a week, for up to two shifts a day over the course of 10 years of
construction. (107)

Response 17-62:

The DEIS assumed that some construction workers would seek free onstreet parking rather than on-site parking and accounted for these trips
in the analysis. Since extended, nighttime, and weekend construction
would require substantially fewer construction workers, the effect on
the surrounding areas during these times would not be nearly as
perceptible to the community. The potential air quality impacts from the
expected traffic conditions, while the proposed project is under
construction was fully analyzed in the DEIS.

Comment 17-63:

The construction disruptions will be equally as burdensome for
pedestrians with the added potential for generating accidents. (107)

Response 17-63:

The project construction would be conducted in coordination with the
relevant approval agencies, including NYCDOT, to ensure that proper
measures would be employed to maintain and protect vehicular, bicycle,
and pedestrian traffic.

Comment 17-64:

There are concerns regarding the diversion and increase of traffic,
especially trucks onto Fulton Street and across the truck routes of
Vanderbilt and Washington Avenues as construction trucks make their
way across Fort Greene and Clinton Hill to the BQE. Fulton Street is
already heavily blocked by traffic in the mornings up past Classon
Avenue making it difficult to park and shop. (105)
There is a concern that trucks would begin to use Vanderbilt Avenue to
avoid other congested roadways. (504)

Response 17-64:

November 2006

Construction trucks would travel along NYCDOT-designated truck
routes and access the project site at designated locations. Fulton Street,
Vanderbilt Avenue, and Washington Avenue are not truck routes.
Trucks are permitted on these roadways only for the purpose of
accessing local destinations. Hence, as demonstrated in Exhibits F17a19 through F17a-21 in Appendix F of the DEIS, truck traffic related to
the project construction is not expected to traverse the three roadways
referenced in the comment.

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Comment 17-65:

The FEIS needs to include construction impacts in its traffic analysis as
well as to consider its changing impact on emergency response services.
(107, 345)

Response 17-65:

As stated in the “Community Facilities” section of the DEIS Chapter 17
construction assessment, lane closures would be coordinated with
NYCDOT and the bridge reconstruction would be phased such that at
least one bridge would be open at all times during the construction
period. The construction of the proposed project is not expected to
significantly affect emergency response times nor would it affect the
delivery of police or fire protection services. The project site and the
surrounding area are well-served by NYPD and FDNY protection
services as well as hospitals, from all directions (See Chapter 5,
“Community Facilities”). Emergency response times would not be
adversely affected because of the geographic distribution of their
facilities and their respective coverage areas and the existence of
multiple routes to their destinations. The City is implementing an
automatic vehicle location (AVL) system in all ambulances and FDNY
apparatus to allow for accurate real-time information as to the location
of the vehicles. The use of this technology is expected to further reduce
emergency response times.

Comment 17-66:

When the Atlantic Avenue subway station was being built there were
major traffic problems. This will be worse. (465)
Construction will affect traffic and transit services for years. (370)

Response 17-66:

The DEIS provided a comprehensive analysis of the reasonable worstcase construction conditions and identified traffic-related issues and
mitigation measures. Similar to all construction-related activities, the
maintenance and protection of traffic would be coordinated with
NYCDOT to ensure reasonable traffic operations during construction.
Transit service is not expected to be significantly affected by the
proposed project’s construction.

Comment 17-67:

Temporary surface parking lots have not proven necessary at other
large-scale construction projects in New York, such as the World Trade
Center site and the Fulton Street Transit Center project. (37, 87)

Response 17-67:

The construction projects stated in the comment are located in
Manhattan where construction worker travel via auto is comparatively
lower than that would be at Atlantic Yards. Furthermore, because onstreet parking availability near the two Manhattan projects is scarce due
to stringent curbside restrictions, construction workers who choose to
drive would need to seek paid off-street parking. In the Atlantic Yards

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area, however, some legal on-street parking would be available.
Therefore, the project sponsors have committed to allocate space within
the construction site to accommodate this parking demand to minimize
the impact construction worker parking could potentially have on the
area’s parking supply. Provisions for supplying construction worker
parking to mitigate impacts on local communities have been
incorporated into recent major government construction contracts,
including the DEP Newtown Creek Water Pollution Control Plant
Upgrade and the Croton Water Treatment Plant.
Comment 17-68:

The DEIS states that temporary parking facilities would be constructed
to accommodate residents and visitors to the project site on Block 1129.
Does that include Newswalk residents and neighbors who will no longer
be able to park on the streets because of the construction? (142)

Response 17-68:

The comment is incorrect. The temporary parking facilities would be
constructed to accommodate construction workers, rather than residents
and visitors. Temporary curb lane closures would be required and
coordinated with NYCDOT, as would be by any other construction
project. These closures are expected to move from place to place, as
necessitated by construction activities at particular sites. No special
provisions would be made to replenish the temporary loss of curbside
spaces in the area.

Comment 17-69:

There is concern that many drivers will not use Atlantic Avenue but will
head straight for the local streets to avoid the traffic problems brought
on by construction. (183)

Response 17-69:

As analyzed in the DEIS, construction-related impacts would not be
limited to intersections on Atlantic Avenue. The analysis distributed
traffic to both Atlantic Avenue and area local streets and identified
significant adverse traffic impacts at numerous intersections.

Comment 17-70:

Since the DEIS has acknowledged that significant adverse impacts on
traffic will be exacerbated by construction vehicles and lane closures
during the construction period, the FEIS should consider the feasibility
of delivering construction materials and removing construction debris
by use of the Long Island Railroad (LIRR) as a possible mitigation
method. (12)

Response 17-70:

The MTA and the project rail engineers have considered the potential
for using the rail system for deliveries and debris removal. However, the
design constraints of the Vanderbilt Yard and its tunnels, as well as the
need for LIRR to maintain ongoing operations and servicing of its
commuter trains, preclude utilizing the rail system for such purposes.

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CONSTRUCTION—HAZMAT
Comment 17-71:

There is concern about potential air contamination by asbestos, leadbased paint and volatile organic compounds already on site during the
demolition phase of the project. (26, 37, 506)
Construction dust will limit even further use of existing open space
amenities. (108)

Response 17-71:

As indicated in Chapter 10, “Hazardous Materials” of the DEIS,
asbestos would be removed, as required by regulation, prior to building
demolition (unlike lead abatement work). Air monitoring for asbestos is
performed before, during, and after abatement of friable asbestoscontaining materials to detect any emissions of airborne asbestos.
Asbestos abatement work would be conducted in contained enclosures
in compliance with all applicable regulations. In general, when
undertaking demolition (unlike lead abatement work), lead-based paint
is not stripped from surfaces. Structures are disassembled or broken
apart with most paint still intact. Normal dust control measures
(spraying the building with water) would be used for demolition. The
lead content of any resulting dust is therefore expected to be low, and
normal dust control measures are sufficient to prevent off-site impacts.
Work zone air monitoring for lead may be performed during certain
demolition activities with a high potential for releasing airborne leadcontaining particulates in the immediate work zone, such as manual
demolition of walls with lead paint, or cutting of steel with leadcontaining coatings. This monitoring would be intended to ensure that
workers performing these activities are properly protected against
occupational lead exposure. During all subsurface disturbance work,
dust control measures (e.g., applying water on haul roads, wetting
equipment and excavation faces, spraying on equipment buckets during
excavation and dumping, hauling materials in properly tarped or
watertight containers, restricting vehicle speeds to five miles per hour
on the project site and covering stockpiled excavated material) would be
implemented. Volatile organic compounds, though known to be present
in the subsurface, are not anticipated to be present in buildings and
significant sources of VOCs inside buildings would be limited to
aboveground storage tanks, which would be removed prior to
demolition. Based on the assessments performed for the DEIS and the
inclusion of remediation and health and safety measures as outlined in
the DEIS, no significant adverse impacts from contaminants currently
on-site are expected. With the implementation of measures identified in
the DEIS, dust generated by construction activities would not result in
significant adverse impacts on air quality at open spaces in the study
area.
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Comment 17-72:

Despite safety measures outlined in the DEIS, CB2 believes that the
community surrounding the project site will be exposed to airborne
toxic fumes and particulates. According to residents of the community
surrounding the Atlantic Shopping Mall, FCR failed to adequately
contain hazardous material contamination during the demolition phase
of that project and the community does not trust that adequate
containment will take place with the proposed project, which is much
larger. More stringent measures should be implemented. (24)
Residents around Atlantic Mall say that FCRC failed to adequately
contain hazardous material contamination during demolition. They don't
trust that it will succeed on this project which is a lot bigger. (24)

Response 17-72:

Procedures to avoid the potential for demolition-related contamination
resulting from asbestos, lead-based paint and volatile organic
compounds were described in the DEIS and other response to
comments. Controls to reduce dust and particulates during construction
would be a fundamental requirement. In addition, as noted in the DEIS
in Chapter 17, “Construction Impacts”, dust suppression measures, such
as wetting of materials, would be used, and an exposure assessment
would be performed to determine appropriate dust control measures to
manage any lead-based paint. Finally, as noted in other responses and in
the DEIS, a CHASP with dust control measures would be required.
During all subsurface disturbance work, dust control measures (e.g.,
applying water on haul roads, wetting equipment and excavation faces,
spraying on equipment buckets during excavation and dumping, hauling
materials in properly tarped or watertight containers, restricting vehicle
speeds to five miles per hour on the project site and covering stockpiled
excavated material) would be implemented. As part of the best
management practices under the Construction Stormwater Pollution
Prevention Plan (SWPPP), best management practices would include
routine inspection, dust control, cleaning, and maintenance programs;
instruction on the proper management, storage, and handling of
potentially hazardous materials. ESDC would require the project
sponsors to enter into contractual obligations to implement the
environmental impact avoidance and mitigation measures to be
executed by the project sponsors. During construction of the proposed
project, ESDC expects to retain the services of appropriate professionals
to monitor and ensure compliance with the same.

Comment 17-73:

The potential release of hazardous materials during the demolition and
construction process is specifically mentioned in the DEIS as related to
the potentially contaminated sub surfaces of the site. The DEIS states
that by following “a variety of measures set out above under ‘Site
Remediation,’ no significant adverse impacts related to hazardous

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materials would be expected to occur…. These measures include
development and implementation of a construction health and safety
plan and community air monitoring plan during excavation.” This issue
is not fully explained in the DEIS and requires a more detailed
explanation. How are local residents to be made aware of the release of
potentially hazardous materials? The construction health and safety plan
should be included in the DEIS and should be made public for
evaluation. (108, 255, 560, 585)
Response 17-73:

Chapter 10, “Hazardous Materials” of the FEIS provides further details
on the likely elements that would be included in the CHASP and
Community Air Monitoring Plan (CAMP). The CHASP would be
finalized in concert with the construction management/coordination
plan. As stated in the DEIS, as part of general construction practices, the
project sponsors would have a field representative on-site through the
whole construction period. The representative would serve as the
contact point for the community and local leaders to voice any concerns
about construction activities. A security staff would be on-site 24 hours
per day, 365 days per year. In the event of an emergency, the project
sponsors would contact the local authorities.

Comment 17-74:

Asbestos abatement is clearly described in the DEIS and would be the
first part of demolition. As New York City regulates the specialty tasks
related to asbestos abatement, we need the sponsors to ensure that the
process is monitored and the regulations enforced. Missing from the
DEIS is the explicit description of how the asbestos abatement process
will be monitored and enforced. (108, 255, 560, 585)

Response 17-74:

Asbestos abatement, which as noted is required by the city/state/federal
regulations to be completed prior to building demolition, is also
discussed in Section F of Chapter 10, “Hazardous Materials.” Among
other things, these regulations require "third-party" monitoring of the
abatement. In addition, DEP and the New York State Department of
Labor perform unannounced inspections of selected asbestos abatement
projects.

Comment 17-75:

The demolition may include buildings that contain lead-based paint.
The DEIS states that an exposure assessment would be performed to
determine appropriate dust control measures to manage lead-based paint
but does not specify when this exposure assessment would take place
and what it would consist of. It is of concern that assessments take place
before and during demolition and that every possible measure is
detailed, programmed, and taken in the demolition of buildings
containing lead-based paint. (108, 255, 560, 585)

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Response 17-75:

As stated in the DEIS, any lead-based paint present in buildings to be
demolished must be addressed per OSHA regulation (29 CFR 1926.62)
with an exposure assessment for lead-based paint performed prior to
demolition (once detailed procedures for demolition are known) per 29
CFR 1926.62(d). The exposure assessment would be prepared prior to
or at the beginning of the building demolition. Under 29 CFR 1926.62
the contractor is required to institute engineering and work practice
controls to reduce and maintain exposure to lead to or below the
permissible exposure limit. In general, when undertaking demolition,
lead-based paint is not stripped from surfaces. Structures are
disassembled or broken apart with most paint still intact. With normal
dust control measures, the lead content of any resulting dust is therefore
expected to be low, and the required dust control measures, such as
wetting down debris and removing debris through enclosed chutes, are
sufficient to prevent off-site impacts. As a result of such, no significant
adverse impacts from hazardous materials are expected from the
demolition of buildings.

CONSTRUCTION MITIGATION—GENERAL
Comment 17-76:

The impacts the project causes must be meaningfully mitigated or
averted. The noise and dust caused by project and infrastructure over the
short and medium term, as well as by project-generated traffic, will
affect residents, artists, church services, businesses, and a playground.
Construction should follow a normal weekday work schedule and
construction impacts should be drawn away from the project’s
neighbors. (48, 460)

Response 17-76:

The DEIS provided conservative estimates of construction activities for
a potential reasonable worst-case impact analysis. While the project
sponsors would keep nighttime and weekend work to a minimum, some
work, such as transit improvements and LIRR Vanderbilt Yard
construction, would be necessary to meet safety and operational needs.
This work, however, is likely to occur at a lower frequency than what
was described in the DEIS. While not likely to result in any new
predicted significant adverse impacts, a delay in the construction
schedule would further extend the duration of impacts identified on the
surrounding neighborhood. As described in Chapter 17, “Construction
Impacts,” of the DEIS and in response to comments, many elements
were incorporated into the construction of the program (e.g., utilization
of Block 1129) to reduce the effect of construction on the community.

Comment 17-77:

The mitigations proposed by the project sponsors are significant and
will no doubt dramatically reduce the impacts of construction, but the

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total absence of a program of enforcement gives one pause and
ultimately undermines the mitigations. (255)
Response 17-77:

The construction management team would monitor and regulate day-today construction activities, and an on-site construction coordinator,
functioning as a liaison between the project sponsors and the
community, would be available to address specific concerns. ESDC
would require the project sponsors to enter into contractual obligations
to implement the environmental impact avoidance and mitigation
measures to be executed by the project sponsors. During construction of
the proposed project, ESDC expects to retain the services of appropriate
professionals to monitor and ensure compliance with the same.

Comment 17-78:

Rodents will become a major issue for local residents in such an
enormous project. Beyond on-site poison control, further mitigations on
the premises of residents, such as metal trash bins and on-going
extermination, must be provided. (105, 461, 492)
Currently CB2 communities have documented instances of infestations
and invasions of large populations of huge disease-bearing rats. The
excavation, demolition, and construction involved in the proposed
project would disturb the rodent population. Rodent containment plans
should be specifically defined and coordinated with appropriate
governmental agencies prior to the demolition, excavation, and
construction of the project. (24, 42)

Response 17-78:

As described in the DEIS, prior to the start of construction, the
construction would include a contract for providing for a rodent (mouse
and rat) control program. The contractor would survey and bait the
appropriate areas and provide for proper site sanitation. As necessary,
the contractor would carry out a maintenance baiting program. Trash
would be removed daily from the construction sites. Coordination
would be maintained with appropriate public agencies.

CONSTRUCTION MITIGATION—NOISE
Comment 17-79:

The parks our children use (Dean Street playground and South Oxford
Park) are deemed to have unmitigated noise impacts for an unstated
period throughout construction—and thus the entire childhood of many
children. Some compensation must be devised to provide our children
outdoor recreation spaces. (119, 461)
There is concern that the three community parks and the Pacific branch
of the Brooklyn Public Library Branch will be so overwhelmed by the
level of noise generated during construction and arena events that the
adverse noise impact will not be mitigatable. (24, 461)
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It is unacceptable that South Oxford Park will experience significant
adverse noise impacts during construction that cannot be practically
mitigated. (71, 272)
The FEIS should consider mitigation for the impacts of sound on these
area open spaces (Bear’s Community Garden, Dean Playground, and
South Oxford Park) during construction by constructing replacement
parkland in the form of an interim park on sites not slated for
development until Phase II and/or additional maintenance to other parks
within the ½ mile study area. (94)
The proposed schedule of construction indicates that during the peak
times the main access to the site is going to be on Dean Street. Dean
Street is a one way going north. There are anticipated to be 340 workers
and 42 trucks on the site until 11 p.m. up twice a week, as well 680
workers and 82 trucks performing construction during fifty percent of
weekends, possibly both on Saturday and Sundays. This projection is
unacceptable. Dean Street Playground and the South Oxford Park will
suffer unmitigable adverse noise impacts. (57)
Construction noise will limit even further existing open space amenities.
(108)
Response 17-79:

November 2006

As described in the Chapters 15 and 17, the proposed project would
result in significant increases in noise levels at these parks during
construction. In the case of the parks, there is no feasible mitigation that
would fully eliminate these project impacts. In the case of the Pacific
branch of the Brooklyn Public Library, the potential significant adverse
impacts from noise during construction would be temporary. During
arena events, the noise levels within the library are expected to be
within levels desirable for this type of use. The DEIS noted that at the
Brooklyn Bear’s Community Garden, the Dean Playground, and South
Oxford Park, because of safety and aesthetic concerns, there is no
feasible and practicable noise mitigation. Since the issuance of the
DEIS, the project sponsors have met with representatives of DPR
regarding the feasibility of implementing measures for the Dean
Playground. Even with the measures incorporated into the proposed
project to reduce noises, it is not likely that the predicted significant
adverse noise impacts from construction at any of these parks can be
fully mitigated; however, with respect to the Dean Playground, the
noise impact would be partially mitigated by the provision of an
amenity to the park users. With regard to the Brooklyn Public Library
Branch at 4th Avenue, measurements of internal/external noise levels at
the library undertaken in October 2006 showed that the library’s
windows/walls provide approximately 20 dBA of attenuation. In
addition, the library is already air conditioned. Therefore, during the
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first three years of construction—2007, 2008, and 2009—interior noise
levels within the library building during periods of peak construction
would be in the range of approximately 50 to mid-50 dBA. This is
above the 45-50 dBA L10 noise level that would be desirable for this
type of land use. Consequently, construction of the proposed project
would result in a significant adverse impact, of limited duration and
magnitude, at this library. Since the issuance of the DEIS, noise
mitigation measures were identified that would include additional
acoustical treatment for the library windows on the Pacific Street side.
With these measures, the significant adverse noise impact on the Pacific
Branch of the Brooklyn Public Library would be mitigated.
As discussed in other response to comments, the Phase II areas of the
project site are needed as staging/parking areas from the start of the
project to reduce impacts on the community.
Comment 17-80:

The proposed mitigation of double-glazed windows and airconditioning puts residents in airtight prisons throughout the life of
construction. It is a clear admission by the developer that outside space
will become unusable for the decade-plus life of the construction.
Further mitigation, in the form of utility bill assistance and enclosure of
outdoor spaces must be made for residents in the immediate
construction area. (461)
The measure intended to mitigate noise and air quality problems during
construction–providing double-paned windows and air conditioners for
residents and community facilities–is not a solution for these problems,
only a way to mask them while residents are inside their homes. The
FEIS should recommend further mitigation methods so that these
impacts are lessened in outdoor spaces. (12)
It is unacceptable to suggest that admittedly off-the-chart levels of noise
and air pollution that will be generated by this project be mitigated by
suggesting that I and my neighbors stay inside our homes behind
double-insulated glass with our air conditioners on for the next 10 years.
This is a ludicrous solution. (151)
The suggested mitigation that the developer provides area residents with
double-pane window and air-conditioning to counter the negative
impacts of construction is insultingly insensitive to the seriousness of
the issues involved. (48)
The sponsors have noted in the DEIS that most sensitive locations are
already fitted with double-glazed windows, and neglects to recognize
that while air conditioners are a form of alternative ventilation, they are
also costly and a source of additional noise themselves. If the sponsors

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combined the air conditioning unit with a program to underwrite its use,
it could be more effectively considered as a mitigation technique. (108,
255, 560, 585)
If owners don’t opt for the double-glazed and air conditioner offered by
the project sponsors, the DEIS states that the proposed project would
have “unmitigated significant adverse impacts.” In order to work, these
proposed mitigations would require everyone who lives and works in
the area to remain indoors. Confinement to interior spaces is not an
appropriate mitigation. To the extent that residents were to stay indoors
the proposed mitigations would undermine Brooklyn’s well known
“stoop culture,” condemning everyone to adverse health risks. It would
also undermine any benefits there might be to the network of “publicly
accessible open space” planned for the project. (37, 55, 88)
Given that accepting the proffered mitigation will obligate residents to
an ongoing and perhaps unexpected expense, it is very possible some
will not accept the material required by the mitigation. In this event, the
DEIS states that the proposed project would have “unmitigated
significant adverse impacts.” This conclusion does not go far enough. It
is improper to characterize an obligatory expense being transferred to
local residents as mitigation. Therefore, the DEIS has not proposed any
significant mitigation and the condition of construction-related and
ongoing project-related noise remains an unmitigated negative impact
for an unknown percentage of the population. (55)
Response 17-80:

Confinement to interior spaces is not a requirement nor considered a
mitigation element associated with the construction of the project. In
addition, contrary to the comment, the noise levels (and air pollution)
from construction would not be “off the chart”, but would be less than
those typically associated with construction as a result of the addition of
noise attenuation measures.
Before addressing the need for off-site mitigation measures, the
analyses for the DEIS analyzed the elements associated with
construction of the project, and developed a wide variety of measures to
minimize and/or eliminate potential impacts. These measures, which are
quite extensive, are detailed in Chapters 17, “Construction” and 21
“Mitigation”. They go far beyond typical construction techniques and
noise control measures. However, because of the construction noise
mitigation measures that have been incorporated into the project and
committed to by the project sponsors, the magnitude of the noise levels
produced by construction activities for this project are below those
typically produced by major construction projects in New York City.
As noted in the DEIS, typical construction activities for major
construction projects produce noise levels ranging from the high 70s to

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about 90 dBA with an uncontrolled average of about 85 dBA. With the
insight from the detailed analyses performed and the subsequent
incorporation of noise reduction methods in the proposed project,
normal weekday construction activities for the proposed project are
expected to produce noise levels at nearby receptor locations generally
ranging from about 57 to 78 dBA, with an average in the low 70s dBA
range. The 2nd shift weekday nighttime construction activities, on those
occasions when they occur, are expected to produce noise levels at
nearby receptor locations generally ranging from about 56 to 75 dBA,
with an average in the mid 60s dBA range; weekend daytime
construction activities, on those occasions when they occur, are
expected to produce noise levels at nearby receptor locations generally
ranging from 57 to 75 dBA, with an average about 70 dBA.
However, even with equipment or source control measures, and with
path control measures (i.e., barriers), receptor control measures would
still be recommended to reduce predicted incremental off-site internal
noise levels at sensitive locations. Per the guidance in the City’s CEQR
Technical Manual, these measures are window treatment and alternative
ventilation (e.g., air conditioners). This is not an unusual mitigation
effort. For example, as part of the earlier discretionary approvals for the
Newswalk development, the units were required to provide noise
attenuation measures to reduce noise impacts for on-site residents.
With respect to the issue of additional costs for air conditioners for units
that do not currently have one, the costs for running such units would
not be unexpected, and the project sponsors would not be required to
underwrite the cost of using the air conditioners. Therefore, the DEIS
acknowledged that residents may choose not to accept this mitigation
measure, and if so, the predicted significant noise impacts at those
locations would remain unmitigated. The double-paned windows and air
conditioners are noise, not air quality, mitigation measures.
Comment 17-81:

The DEIS does not provide a program of enforcement for noise
mitigation techniques and, therefore, lacks sufficient assurance that such
techniques will be adhered to. The control measures proposed to reduce
noise are identified as source controls, path controls, and receptor
controls. In addition to these, the sponsors have presented a likely
working schedule along which noise can be assumed to follow. While
this methodology intends to be an effective solution to the problems of
construction-related noise, it also contains significant loopholes, allows
for generous exceptions, and most disturbingly provides no explanation
of how enforcement will be integrated into the construction program.
Source controls reduce noise at their source or during sensitive time
periods, including requiring contractors to properly maintain their
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equipment and have quality mufflers installed. The also require that all
trucks at the staging areas, except for cement mixers, turn off their
engines while they are waiting. Vehicular speed on site is also a factor
and is proposed to be limited to 5 miles per hour. How will such
measures be enforced and by whom? (108, 255, 560, 585)
Response 17-81:

Noise control measures would be included in all contractor agreements.
ESDC would require the project sponsors to enter into contractual
obligations to implement the environmental impact avoidance and
mitigation measures to be executed by the project sponsors. During
construction of the proposed project, ESDC expects to retain the
services of appropriate professionals to monitor and ensure compliance
with the same.

Comment 17-82:

Regarding path controls, locating generators and other noise equipment
within the 20‘ sunken holes of the foundations sites before they are
completed can only be interpreted as an extremely temporary form of
mitigation. It is also clear that much of the construction equipment will
be necessarily used at its point of application, regardless of whether or
not that area is near a sensitive location or not. Further mitigation
through the use of mufflers on or as close to the equipment as possible
should be incorporated along with barrier walls, or perhaps multiple
barrier walls. Further explanation of the use of noise curtains and
equipment enclosures should be detailed and, again, some enforcement
program should be outlined for the guarantee of maximum noise
abatement through path controls. (108, 255, 560, 585)

Response 17-82:

As a result of the detailed analyses performed for the DEIS, an
examination of the most significant noise sources was performed, and
the real-world actions that could be undertaken to reduce noise from
such sources, such as location of generators and other equipment were
identified. The measures discussed in this comment have been
considered and where feasible have been proposed as part of the
construction noise mitigation plan. With regard to noise curtains, as
stated in the DEIS, noise curtains would be utilized where feasible and
practicable. However, to be conservative, no credit has been taken in the
noise analysis for the effects of noise curtains in reducing noise.

Comment 17-83:

The issue of construction noise mitigation must be looked at in relation
to weekend working hours. The current schedule of construction is
unacceptable as planned. The respite from construction activity in the
evenings and on weekends will provide essential relief to the corrupted
quality of life that the surrounding residents will be forced to endure
over the 10-year period of the project. (108, 255, 560, 585)

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Projected weekend work for 50 percent of Saturdays for the life of the
construction will seriously degrade residential life in the neighborhood.
Residents should serve on the approval board for work outside of
normal construction hours (weekdays 6 to 7 AM to 3:30 PM). (461)
Construction should follow a normal weekday work schedule and
construction impacts should be drawn away from the project’s
neighbors. (57)
Curtailing weekend work would mitigate some of the significant
adverse impacts on the Pacific Branch of the Brooklyn Library.
Likewise with the Brooklyn Bear’s Community Garden, the Dean
Playground, and South Oxford Park. (94, 108, 255, 560, 585)
Construction should not start before 7:00 AM or continue after 7:00 PM
during the week and should be discontinued on weekends and holidays.
(108, 371)
Response 17-83:

As discussed in the DEIS some weekend and evening work will be
necessary. This is similar to other construction projects in New York
City. In general, the intensity of this weekend and evening work will be
less than typical weekday daytime construction activities and impacts
during these time periods would also be less than during typical daytime
construction time periods. Also as noted in the DEIS, the New York
City Noise Control Code, as amended December 2005 and effective
July 1, 2007, requires the adoption and implementation of a noise
mitigation plan for each construction site, and this would be done for
the proposed project.

Comment 17-84:

Special attention should be paid to the abatement of construction-related
noise that will affect JHS 113, the Ronald Edmonds Learning Center.
All noise of a detectable decibel within any part of the school should be
scheduled around school hours. (108, 255, 560, 585)

Response 17-84:

No significant adverse noise impacts at JHS 113 would be expected due
to construction activities.

Comment 17-85:

The DEIS does not include the jack hammering of streets to lay new
sewer facilities. Pipe installation, as described in the DEIS, involves
jackhammers, pavement cutters, pouring gravel, and deliveries by
flatbed trucks. Yet, there are no noise mitigation techniques mentioned
as specifically related to the ripping up of streets outside the
construction site and the laying of the new sewer system. (108, 255,
560, 585)

Response 17-85:

The DEIS noted in Chapter 17, “Construction Impacts,” that “sewer
construction work primarily uses a ‘cut and cover’ technique. A trench
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would be excavated in the street, a bedding layer of gravel laid in the
bottom of the trench, the sewer pipe placed in the trench, the trench
backfilled, and the pavement patched. This work typically involves the
use of jackhammers and pavement cutters to open the street, backhoes
to excavate the trench and place the backfill, and cranes to lift the sewer
pipes into place.” Jack hammering of off-site streets to lay new sewer
facilities was not included in the quantified noise impact calculations
for construction, because these activities would be temporary in nature
at any one location. Jack hammering is one of the first phases involved
in breaking/removing pavement. As noted in Table 17c-3 of the DEIS,
under the City’s new Noise Control Code, permitted noise emission
levels for jack hammering will be much lower than typical historical
noise levels from such equipment. As described in Chapter 17,
“Construction” of the DEIS, for the noise impact assessment for
construction, separate analyses were performed to examine potential noise
impacts during each year of the anticipated 10-year construction period. To
be conservative, for each analysis year the 3 month time period with the
most intensive construction operations taking place was analyzed. Where
such activities were in the on-site construction activities, they were
included in the modeling for the peak quarter. Activities that would occur
for lesser frequencies of time (such as jack hammering) or would not be in
the worst quarterly period were not modeled. As noted in the DEIS,
typically, about 100 feet of water line can be installed per day. Under the
proposed project, sewer replacement would serve the dual purposes of
handling the added flow from the proposed project and replacing old
pipes—some of which date from the late 19th and early 20th century—
with new 15- to 60-inch sewers. Such work would be required to
conform with the City’s new Noise Control Code and the noise
mitigation plans associated with such type of work.
Comment 17-86:

The DEIS states that the construction noise mitigation measures that
have been incorporated in the project are in line with the mitigation
strategies for devices and activities imposed by the recently passed New
York City Noise Control Code. This is said to assuage the concerns
about construction noise expressed by community residents. But it
should be noted that the DEP has not yet spelled out construction noise
mitigation rules. Therefore, it is strongly recommended that an
independent acoustical engineer review noise monitoring techniques,
noise analysis methodology, and noise reduction measures. (55)

Response 17-86:

While the New York City Noise Control Code (as amended December
2005 and effective July 1, 2007,) has not been implemented, it does
provide new specifications on noise performance limits for many types
of construction equipment. With respect to noise performance limits

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listed in the new New York City Noise Control Code, as noted in the
DEIS, where feasible, the project sponsors would use quiet construction
procedures, and equipment (such as generators, hydraulic lift vehicles,
trucks, and tractor trailers) quieter than that required by the New York
City Noise Control Code. Table 17C-3 of the DEIS showed the noise
levels for typical construction equipment and the mandated noise levels
for the equipment that would be used for construction of the Atlantic
Yards.
In addition, the New York City Noise Control Code requires the
adoption and implementation of a noise mitigation plan for each
construction site. The comment is correct in noting that these plans have
not been finalized by DEP. However, before the DEIS was issued,
ESDC and the project sponsors met with the DEP to present the
construction analysis for the proposed project, to discuss the extensive
mitigation measures under consideration for the project and to request
input from DEP on additional measures that may be included in their
forthcoming noise mitigation plans pursuant to the Noise Control Code.
CHAPTER 18: PUBLIC HEALTH
Comment 18-1:

The project will elevate ozone levels, carbon monoxide and other
hazardous particulates that trigger asthma attacks. (10, 234)
Asthma sufferers will have to deal with poisonous substances released
into the atmosphere as a result of demolition, hundreds of trucks,
asbestos, airborne toxic debris, diesel fuel emissions, rodent poison,
plaster dust, adhesives, and metal. (116, 119, 141, 145, 164, 174, 206,
227, 358, 391, 479, 506, 580)
Air pollution is a serious concern in CB2, where there is an inordinate
incidence of asthma among the area’s children and families. Any
additional release of air pollutants will exacerbate an already critical
state of air quality in the area. Airborne exhaust fumes generated by
vehicles belonging to the project site workers, residents, and visitors
will increase asthma in the surrounding community. This could be
partially mitigated through extensive planting of trees and vegetation to
absorb the excessive exhaust fumes. (24, 195)
We are raising our children in what is sure to become known as asthma
alley, as vehicular traffic sits gridlocked in 68 of the surrounding 93
intersections. (10, 195, 262, 327)
Existing traffic levels in the Gowanus Corridor have created a pollution
“hot spot” and have led to increased levels of pulmonary and respiratory

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disease in the area, especially among lower-income communities. (470,
474)
An item in the March 1996 issue of Brooklyn Bridge magazine
identified these disease levels, by zip code, throughout Brooklyn. The
levels in the Gowanus Corridor and Downtown Brooklyn were much
higher than the average. This is directly attributable to the volume of
vehicular traffic in the area. Pollution remediation measures for
individual vehicles, whether the replacement of older passenger cars or
the introduction of buses powered by compressed natural gas, have been
offset by traffic increases. The proposed Atlantic Yards redevelopment
cannot be allowed to contribute to an existing pollution problem by
drawing additional vehicles into its vicinity. New York City is not now
in compliance with federal air quality requirements, and unless
transportation issues are addressed as part of the redevelopment,
conditions will be made worse. The solutions identified are essential to
mitigate these public health concerns, but all feasible steps must be
taken to make use of public transportation for visits to the area both
practical and attractive. (470)
The Atlantic Avenue and Flatbush Avenue intersection has long been
considered a major traffic bottleneck. For this reason, in part, it, and the
surrounding neighborhoods have long been studied and documented as
areas of increased asthma among local children. The DEIS does not
address this. Why? And how can this major national health issue be
ignored? (160)
The planning process should take into account the effect of traffic and
emissions on asthma rates and other respiratory ailments. (37, 510, 519)
Asthma deaths, though rare, are dramatically higher in Brooklyn than
they are in the rest of New York State and the country. The borough has
the highest number of hospitalization for asthma in all of New York
City—an indication that many Brooklyn residents are not receiving
adequate treatment. (123, 195)
Traffic congestion and construction due to the project will increase the
risk of asthma for vulnerable populations, particularly children. (527)
Response 18-1:

November 2006

Asthma issues in the community and potential impacts from the
proposed project were thoroughly addressed and assessed in the DEIS.
Given the public’s concern over asthma rates in New York City during
the scoping process, and concern that exposure to PM emissions could
aggravate or induce asthma episodes in an individual, an in-depth
review of relevant asthma-related studies, an overview of the prevalence
of asthma in New York City, current asthma hospitalization data for
neighborhoods representing the potentially affected population

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surrounding the proposed project, and consideration of the relationship
between ambient particulate matter levels and the incidence of asthma
were provided in the DEIS. In consideration of this and other
environmental concerns, the DEIS undertook an extensive study to
quantify the effects on the nearby community, including increased air
pollution for the construction and operational phases. While trees and
vegetation would absorb some carbon dioxide, they would not
absorb/control particulate matter from on- and off-site project related
emissions. Instead, a series a measures were identified and incorporated
into the proposed project to reduce air quality impacts on the
surrounding community. For example, as described on page 17-62 of
the DEIS, to ensure that the construction of the proposed project results
in the lowest feasible diesel particulate matter (DPM) emissions, the
project sponsors committed to implementing a state-of-the-art emissions
reduction program. On-site emissions would be minimized by utilizing
electricity on-site early on to reduce fuel combustion and state-of-the-art
emissions controls for off-road construction equipment. Emissions in
the nearby community would also be minimized through the use of the
best available tailpipe technology for reducing DPM emissions for
controlled truck fleets (i.e., truck fleets under long-term contract with
the proposed project, such as concrete trucks). This far-reaching set of
commitments, the combination of which has never been surpassed by
any other major construction project in the New York City Metropolitan
area, were indicative of the hard look undertaken to reduce particulate
matter emissions in the community to the maximum extent practicable.
The analysis concluded that there would be no significant adverse
impacts on asthma rates.
Additionally, the proposed project incorporates a number of other
measures that would help reduce auto demand from the project’s
residential and commercial components as well as the arena. These
include a major new on-site entrance and internal circulation
improvements at the Atlantic Avenue/Pacific Street station complex,
secure, indoor parking for up to 400 bicycles near the proposed
entrance, and as a result of the mitigation measures described in the
FEIS, a comprehensive set of traffic demand management strategies to
reduce arena-related traffic for game events.
Comment 18-2:

The DEIS offers a lengthy theoretical treatise on the complexity of
asthma but does not calculate the increased risk of asthma to children in
the vicinity of the project. While asthma undoubtedly has multiple
causes, it is highly probable that additional asthma attacks and lifethreatening health crises will be caused by the burdens resulting from

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the unmitigated traffic and air pollution and other environmental aspects
of the project. (55)
Response 18-2:

The public health impact assessment completed for the DEIS followed
the guidance in the 2001 City Environmental Quality Review (CEQR)
Technical Manual on public health concerns for which a public health
assessment may be warranted and concluded that there would be no
significant adverse impact on asthma rates. As part of this guidance, the
CEQR Technical Manual suggests that “In most cases, actions that
comply with applicable standards and guidelines protecting public
health would not typically result in significant adverse impacts on
public health” and “Some points to consider when determining
significance include the likelihood of occurrence, characteristics of the
population potentially affected (e.g. age; disease burden; number of
people at-risk or sensitive; pregnancy status, etc.); the time frame of
potential exposures (e.g., time of day, seasonal vs. year-round); latency
(time between exposure and potential health effects); seriousness of the
potential health effect; duration (e.g., acute vs. chronic health effects);
number of people potentially affected; and the reversibility of potential
impacts.” These steps were undertaken for the DEIS. The most critical
component of the potential effect on asthma was the air quality impact
assessment, especially for construction, which would be the component
of the project resulting in the greatest emissions of air pollutants of the
type that have the potential to trigger asthma attacks in people
susceptible to asthma in the nearby community. An extensive analysis
was undertaken to determine how air pollution could be reduced (thus
leading to the emissions reduction program commitments) and to
determine the consequential air quality impacts on the community.
After completion of these detailed studies, Figures 17b-4 through 17b10 provided depictions of the limited incremental air quality
concentrations in the community. As a result, no significant adverse air
quality impacts were identified in the DEIS from the proposed action.
The DEIS noted that the potential public health impacts of particulate
matter (PM) emissions and noise levels due to the proposed project are
based on the results of the air quality and noise impact assessments
presented in Chapters 14, “Air Quality,” 15, “Noise,” and 17,
“Construction Impacts.” After subsequent review of all the pertinent
analysis areas, it was determined that no significant adverse impact
would occur on public health.

Comment 18-3:

The area’s high asthma hospitalization rates are understated in the
DEIS. Table 18-1 shows a decline in asthma hospitalization rates
between 1997 and 2004 in New York City, in Brooklyn, and in two
areas around the project area, each comprised of five zip codes.

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Although one of the two areas still shows an overall rate higher than the
Brooklyn rate, the impression is given that asthma hospitalization is
relatively low and declining. This is false, since asthma rates remain
relatively high. The rates are declining only marginally and in limited
areas, and any decline may well be transitory. Table 18-1 uses data from
2004, the latest available, but that data only provides information for
groups of zip codes and fails to identify differences within the zip code
groups. (55)
Data from 2000 organized by zip code reveals the differences among
the zip codes and shows why the grouped data fails to identify wide
disparities. The associated CBN table shows that the small decline in
hospitalization rates, reported in the first zip code group (from 4.87 to
4.45) obscures the continuing wide disparity in Fort Greene’s asthma
hospitalization rates when measured against the Brooklyn rate. In the
second grouping, while there was an incremental increase in asthma
hospitalization rates for all the zip codes in the group (0.11), most of the
individual zip codes in this group still have asthma hospitalization rates
far greater than the Brooklyn average. (55)
Response 18-3:

The most current 2004 asthma hospitalization rates from The New York
City Department of Health and Mental Hygiene (NYCDOHMH) are
provided on a neighborhood level. While it is acknowledged that
individual zip code data may provide additional detail, the DEIS does
not understate the project area’s high asthma hospitalization rates. The
baseline data presented in the DEIS are intended to provide an overview
of asthma hospitalizations in the communities, and to put into context
the various asthma hospitalization rates in the project area with those of
the Borough of Brooklyn, and the City of New York as a whole. In
addition to the summarized hospitalization data, the subject of asthma as
a serious health concern is discussed extensively in the DEIS. The
discussion includes an extensive amount of additional information on
baseline asthma concerns including “Asthma is the leading cause of
hospitalization in New York City for children aged 0 to 14 and ranks
among the leading causes of hospitalization for all age groups. In 2000,
the hospitalization rate for asthma among children aged 0 to 4 was 10.2
per 1,000 children in New York City, compared to 6.4 per 1,000 in the
United States. Asthma exacerbations resulting in hospitalizations
appear to be particularly frequent and severe among minority, innercity children. A recent study by investigators at the Mount Sinai School
of Medicine found an enormous difference in the rate at which children
living in poor New York City neighborhoods were hospitalized for
asthma, compared to children in wealthy neighborhoods. Another
recent study conducted in New York City found that children living in
neighborhoods of low socioeconomic status had more than 70 percent
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increased risk of current asthma (diagnosis and symptoms during the
previous 12 months), when compared to children of their same ethnicity
and income level living in communities of greater economic affluence.
These findings suggest that characteristics of the urban environment,
apart from the ethnicity and income level of the residents, contribute to
high asthma prevalence. The study noted that areas with high asthma
hospitalization rates are geographically clustered in low socioeconomic
status areas. These areas tend to contain a number of potential
pollution sources that could affect respiratory health, including
designated truck routes and high traffic roads, waste transfer stations,
and nearby power plants.” While the comment discusses how the
baseline data are presented in a table, the DEIS clearly discussed the
public health concerns related to asthma in New York, Brooklyn or the
study area.
Comment 18-4:

Regardless of the decline in hospitalization rates, asthma prevalence
rates in the project area are still very high. In Brooklyn in 2000, a total
of 68,262 or 3.7% of the adult population reported having asthma. In
neighborhoods surrounding the Atlantic Yards the percentage of adults
with asthma was over twice that much. In the United Hospital Fund
neighborhood cluster, which includes Brooklyn Heights, Park Slope,
and Fort Greene, 8 percent of the adult population reported having
asthma. The prevalence rate in children is over 9 percent. (55)

Response 18-4:

Comment noted. See other responses on baseline asthma conditions.

Comment 18-5:

The DEIS obscures the continuing disparity in childhood asthma
hospitalization rates affecting the populations most likely to be
impacted by the project; the low-income children in Fort Greene,
Prospect Heights, Crown Heights, and Bedford-Stuyvesant.
Hospitalization rates in 2000 in these neighborhoods are all higher than
the US rate of 3.03, the New York City rate of 6.06, and the Brooklyn
rate of 5.45. The Fort Greene rate is 18 percent higher than the
Brooklyn rate, Prospect Heights is 53 percent higher, Crown Heights is
78 percent higher and Bedford-Stuyvesant is 135 percent higher. The
DEIS analysis fails to show how the decline in rates was greatest in
areas where income levels went up; among at-risk low-income
populations there was little if any decline relative to Brooklyn and New
York City. (55)

Response 18-5:

The comment correctly observes that different areas of Brooklyn have
different asthma hospitalization rates. The baseline data presented in the
DEIS are intended to provide an overview of asthma hospitalizations in
the communities, and to put into context the various asthma

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hospitalization rates in the project area with those of the borough as a
whole, and the City of New York. The seriousness of asthma and the
subject of asthma hospitalizations are discussed extensively in the
DEIS. The DEIS does not obscure disparity of childhood asthma
hospitalization rates. See other response on baseline asthma conditions.
Comment 18-6:

If the DEIS prediction that low-income populations will continue to
decline in the area is correct, that does not remove responsibility for
disclosing the impacts of the project on the low-income population that
will remain. It only means that the baseline for asthma hospitalization
analysis is lower. If the project actually accelerates the displacement of
low-income populations, as the analysis of the Socioeconomics chapter
suggests, that does not mean that impacts on the remaining at-risk
populations do not have to be analyzed. (55)

Response 18-6:

Asthma hospitalization rates are the number of people per unit time.
Rates are not a function of the total population size, and changes in the
size of a low-income population size in a community would by itself not
likely change a hospitalization rate. Chapter 4, “Socioeconomic
Conditions,” concludes that the project would not result in any
significant changes in the socioeconomic profile of the neighborhoods
surrounding the project site. The commentor’s contention that the DEIS
relied upon such changes in its public health analysis is incorrect.

Comment 18-7:

Research on the effects of displacement on people displaced suggests
that stress and feelings of loss can lead to illnesses such as depression
among large numbers of people. The loss of friends and relationships
due to upheaval and displacement are particularly profound in minority
populations whose histories are filled with painful displacements,
including slavery and poverty-driven immigration. (55)

Response 18-7:

All of the recommended analysis input for assessing public health
impacts in the CEQR Technical Manual were followed in the
preparation of the DEIS. The DEIS disclosed that the project sponsors
have been purchasing property in an effort to assemble the project site
for development and have extended relocation offers to the on-site
rental tenants either through compensation or offers for comparable offsite housing with the opportunity to move back into the proposed
development at rent levels comparable to their current rents. Should the
proposed project be approved, residents considered by ESDC to be
directly displaced (existing residential occupants within the project site
who are legally occupying a residential dwelling unit) would be
provided with relocation assistance (See Chapter 4, “Socioeconomic

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Conditions”). The health issues raised in this comment are not subject to
further analysis.
Comment 18-8:

On page 18-21, the qualifier offered for looking at the effects of PM on
humans is “….to the extent that it can be determined…” The DEIS had
already suggested that nothing can be determined from changes in air
quality because of the “uncertainty regarding the shapes of the
particulate matter exposure-response relationship,” and a host of other
uncertainties, so it seems to imply there is no merit in further
consideration (pages 18-10 and 18-11). This negative approach will
most likely not resonate with the children in Prospect Heights or their
parents who may be facing more asthma attacks. Despite uncertainties,
EPA regularly commissions quantitative analyses of the public health
impacts of particulate matter emissions. The Sponsoring Agency should
do the same. (55)

Response 18-8:

As discussed in responses to other comments, due to environmental and
public health concerns, the proposed project would implement an
emissions reduction program that would substantially reduce emissions
from on-site construction equipment and off-site construction fleets.
While qualifying language on the certainties of exposure relationships
were accurately included in the summary discussions of the DEIS, a
quantified analysis of the potential air quality impacts from the
proposed project were compared to the suggested air quality impact
significance thresholds from the New York City Department of
Environmental Protection and the New York State Department of
Environmental Conservation along with the significance criteria of
SEQRA and the City’s CEQR Technical Manual to make the
determination of public health impacts from particulate emissions.
Based on the results of these detailed analyses, no additional quantified
analyses were warranted, and no predicted significant adverse impacts
on public health were predicted.

Comment 18-9:

The DEIS, on page 18-21, also depends on the highly unlikely scenario
that children will avoid exposure by staying indoors with the windows
shut. The health consequences of such a scenario are substantial. With
growing childhood obesity and diabetes, further limitations on
opportunities for exercise and play among children can only increase the
risk of these epidemics. But even if this were to be a desirable scenario,
there is no reason to assume that it is a likely.
The DEIS notes the severely limited opportunities for active recreation
in the area. This does not mean that children will necessarily be
confined to their apartments or stay off the streets and sidewalks. The

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most likely scenario is that children will be forced to play in unhealthy
environments, in their schoolyards, local playgrounds, and streets and
sidewalks, and unmitigated air quality, noise, shadow, and other impacts
will expose them to greater health risks. (55)
Response 18-9:

The comment is incorrect in referencing that on page 18-21, the DEIS
depends on any assumption that children will avoid exposure by staying
indoors with the windows shut. Rather, the DEIS explains that although
modeled increments of PM2.5 were predicted to exceed the annual
impact thresholds at some locations on the exterior of on-site buildings,
potential exposure at these locations would be limited since “occupants
would not be expected to have their windows open continuously and be
exposed to outdoor concentrations throughout the year.” The fact that
windows would be unlikely to be open year-round is one of the
considerations that were assessed in concluding that the annual average
impacts would not be considered significant. The determination of
significance does not depend on children staying indoors with the
window shut throughout the year. In addition, the DEIS raises concerns
associated with children spending more time indoors. As noted in other
pages of Chapter 18, “Public Health,” “indoor sources of PM2.5
contribute to, and in some cases, dominate personal exposures”, and
“decreased physical activity, increasing prevalence of obesity, and
increased time spent indoors are hypothesized to be contributing factors
to the increase in the prevalence of asthma,” and “the effect of indoor
pollutants may be increased by the growing amount of time that
children spend indoors.” No significant adverse air quality impacts
were predicted, including at locations where children may be playing
outdoors.

Comment 18-10:

The DEIS sums up the public health effects of noise as follows:
“Therefore, no significant adverse health impacts are expected due to
operation of the proposed project…the overall changes in noise level
due to the project are not of a magnitude that would significantly affect
public health.” This conclusion contradicts the statement in Chapter 15,
“Noise,” of the DEIS: “The analysis concludes that the proposed project
would result in significant adverse noise impacts at a number of
locations.”
Therefore, there is a serious inconsistency between Chapter 15, “Noise”
and the Public Health chapter. How can there be significant adverse
noise impacts that have no effect on people? Who are the adverse to?
How could they be adverse and not negatively affect other people’s
health and well-being? CEQR guidelines clearly define the meaning of
“adverse” and the DEIS has clearly failed to follow the guidelines. (55)

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Response 18-10:

There is no inconsistency between the determination of a significant
adverse noise impacts and no significant adverse public health impact in
the DEIS. Numerous EISs subjected to SEQRA/CEQR have come to
similar determinations for noise and public health impacts. Significant
noise impacts are determined by predicted changes in ambient noise
levels as a result of a proposed action. Potential health-related noise
conditions relate to ambient noise levels after the action occurs.
Ambient noise levels may be moderate even if the increase in noise
levels exceeds significance thresholds due to low baseline noise
conditions. The City’s CEQR Technical Manual has defined suggested
noise impact criteria with very low thresholds for determining
significant adverse impacts and noise guidelines for open space areas.
The noise impacts with the operation of the proposed project would
occur largely at low locations with relatively low background levels of
traffic (and thus, baseline noise levels that are relatively low for New
York City). The DEIS noted that the locations of noise impacts from
operation of the proposed project “would be the principal feeder streets
to and from the parking facilities for project elements. Noise levels in
these newly created open space areas would also be above the CEQR
guideline noise level, but would be comparable to noise levels in a
number of open space areas that are also located in urban areas,
including Hudson River Park, Riverside Park, Bryant Park, Fort
Greene Park, and other urban open space areas.” In analyzing potential
noise impacts from construction of the proposed project, the EIS noted
that with the proposed noise mitigation, “interior L10 noise levels at
most, if not all, residences during most periods of time where significant
noise impacts are predicted to occur would generally be below the
CEQR 45 dBA L10 recommended level. With the implementation of the
noise mitigation measures, the predicted absolute off-site noise levels
during construction would be below those typically experienced by
residents living adjacent to large construction projects.” Following the
suggested criteria in SEQRA and the City’s CEQR Technical Manual,
and extent, duration and magnitude of the predicted noise impacts, no
significant adverse impacts on public health were predicted.

Comment 18-11:

Noise pollution is a serious environmental problem and the adverse
effects must be acknowledge and disclosed in the DEIS. Rather than
identifying the dangers of noise to human mental and physical health
resulting from this project and then seriously considering ways to lessen
noise impacts, the DEIS treats noise impacts as a “possibility” with
great variability amongst individuals. Thus, the frivolous mitigation of
closing windows and turning on air conditioning corresponds with an
analysis that trivializes noise effects. The DEIS should discuss the

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impact of higher noise levels on people using local streets, sidewalks,
playgrounds and public spaces. Mitigations should be proposed that
reduce the impacts of noise, particularly among the most vulnerable
populations. All this is absent in the DEIS. (55)
Response 18-11:

The comment is incorrect in stating the DEIS trivialized noise effects.
An intensive effort to address and develop solutions to reduce noise
impacts on the community from construction of the proposed project
was undertaken for the DEIS. For example, this extended effort
involved a detailed assessment of construction procedures,
identification of noisiest activities/sources, research into the state-ofthe-art equipment/noise reduction methods, and assessments of the most
practical means/methods to reduce noise impacts on the surrounding
community. The DEIS did address the potential noise impacts on
sensitive uses (per the guidance in the City’s CEQR Technical Manual),
and by incorporating control measures to be implemented as part of the
proposed project, and off-site mitigation measures during operation, the
predicted absolute off-site noise levels during construction would be
below those typically experienced by residents living adjacent to large
construction projects. Ambient noise levels resulting from the proposed
project are characteristic of many residential areas in New York City.
The DEIS concluded that the overall changes in noise levels due to the
project are not of a magnitude that would significantly affect public
health. A more detailed public health analysis is not required.

Comment 18-12:

The DEIS sidesteps the need to determine how many residents and
workers in the area will experience physiological and mental health
problems due to added noise. It merely says that everyone reacts
differently to noise. Furthermore, the DEIS does not examine or discuss
mental health impacts resulting from displacement, noise, shadows, and
other impacts. (55, 475, 505)

Response 18-12:

As discussed in responses to other comments, the analyses in the DEIS
followed the guidance in the City’s CEQR Technical Manual. The
project would not result in ambient noise levels in excess of those that
already occur in the area and would not result in significant noiserelated adverse public health impacts.

Comment 18-13:

Scientists accept that associations between exposure and risk exist in
each of the areas discussed in the DEIS, even if direct causal links
cannot be definitively proven. The DEIS, however, has failed to
disclose the extent to which increased exposures caused by the project
will increase health risks, or to include quantitative information where
research has provided guidance. Uncertainties should not be used to

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ignore serious possible risks to human health. This environmental
review should take a “hard look” at potential impacts and consider the
“worst-case” scenario. (55)
Response 18-13:

The DEIS took a hard look at potential impacts and reasonable worst
case scenarios. While background discussions of uncertainties in
science were provided in the DEIS, numerous quantified analyses were
undertaken. Pursuant to the guidance in the City’s CEQR Technical
Manual, the results of these numerous analyses were taken into
consideration in evaluating the potential public health impacts. This
included looking at benchmark criteria for significant impacts,
conditions experienced throughout New York City, and the extent,
duration and severity of potential significant adverse impacts. Following
the guidance in the SEQRA regulations, the determination from these
extensive quantified analyses was that no significant adverse impacts on
public health would occur from the construction or operation of the
proposed project.

Comment 18-14:

The discussion of the health effects of fine particulate matter, PM2.5, in
the DEIS appears to have been written by, or copied from material
written by, Dr. Laura Green of Cambridge Environmental, Inc., a
consultant often hired by polluting industries to defend their practices.
Dr. Green’s views regarding the health effects of PM2.5 and of EPA’s
National Ambient Air Quality Standards (NAAQS) for PM2.5 are
considered extreme, and they run counter to the State of New York’s
position. In this DEIS, the Sponsoring Agency has relied on biased
material derived from Dr. Green. The scientific consensus represented
in the PM2.5 NAAQS, EPA’s 2004 criteria document, and EPA’s 2005
proposal to revise the PM2.5 NQAAQS is not considered. (55)

Response 18-14:

Dr. Laura Green has not been retained as a consultant for this EIS. The
extensive discussion of PM2.5 is consistent with the State of New York’s
position. In fact, much of the discussion of health effects of PM2.5 is
from EISs that have been reviewed by agencies such as the New York
City Department of Health, the New York State Department of Health,
the New York City Department of Environmental Protection, the New
York State Department of Environmental Conservation, the United
States Environmental Protection Agency (USEPA) and the United
States Center for Disease Control. This text was updated with some
information from the latest scientific studies on the known health
problems, including studies that were referenced in EPA’s 2004 criteria
document. In addition, USEPA’s proposal to revise the PM2.5 was
explicitly included in the DEIS and updated for the FEIS with USEPA’s
recent change to the particulate matter air quality standards. The change

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in the status of the PM2.5 standard did not change any air quality or
public health conclusions in the DEIS.
Comment 18-15:

Most critically, the DEIS analysis deals with the subject of public health
superficially, providing broad area statistics, instead of investigating the
wide variations within the study areas themselves. As a result, it fails to
address the disparate impact of health risks on children, the elderly, and
low-income minority populations. (55)

Response 18-15:

As mentioned in earlier responses, the baseline data presented in the
DEIS are intended to provide an overview of asthma hospitalizations in
the communities, and to put into context the various asthma
hospitalization rates in the project area with those of the borough of
Brooklyn and, and the City of New York as a whole. Following
guidance in the CEQR Technical Manual, and using benchmarks for
determining the potential for public health impacts, it was determined
that populations surrounding the proposed project, including children,
the elderly, and low-income minority populations, would not experience
a significant adverse public health impact from the operation and
construction of the proposed project. As part of this determination of
significance, ESDC examined potential air quality impacts and public
health impact conclusions from other quantified construction impacts in
recent EISs. This included the the Croton Water Treatment Plant FEIS
(June 2004), and the City Tunnel No. 3, Shaft 33B FEIS (January
2006), which had its analyses reviewed and commented on by
NYCDOHMH. After consultation with NYCDOHMH, DEP as lead
agency reached the conclusions that the predicted air quality increments
would not result in significant adverse public health impacts. For both
of these DEP EISs, predicted neighborhood scale PM2.5 increments were
greater than those determined in the DEIS for the Atlantic Yards
project.

Comment 18-16:

The DEIS makes only passing mention of the disparate effects of
significant adverse environmental impacts on low-income minority
communities, and fails to address them in any comprehensive way.
These impacts should be addressed. (55)

Response 18-16:

The potential public health impacts on all communities were addressed
in the DEIS.

Comment 18-17:

The proposed project put the solid waste burden of new development on
low-income communities with disproportionately large minority
populations. Vermin and increased diesel truck traffic, with their

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associated traffic dangers and higher concentrations of particulates, are
among the burdens imposed. (55)
Response 18-17:

The proposed rodent control programs during construction and the
overall solid waste practices from the construction and operation of the
proposed project were described in the DEIS. The potential public
health impacts from traffic and resultant air quality pollution from the
construction and operation of the proposed project were examined in
great detail. The result of these analyses indicated that there would be
no significant public health impacts from the construction and operation
of the proposed project.

Comment 18-18:

Since the negative effects of air quality impacts are minimized in the
DEIS, the disparate impacts are also minimized. As environmental
justice advocates in New York City point out, people living in lowincome minority neighborhoods near highways and high-volume traffic
arteries experience greater health risks. It is commonly known that
asthma affects low-income minority populations disproportionately. The
DEIS should examine the extent to which traffic generated by the
project will have disproportionately high negative impacts on the health
of nearby low-income minority populations. (55)

Response 18-18:

The DEIS does not minimize the air quality effects of the proposed
project. Following the guidance in the CEQR Technical Manual, the
DEIS did assess the potential public health impacts from traffic, and
resultant air quality pollution related to the construction and operation
of the proposed project. Since the results of the air quality analysis
showed predicted pollutant concentrations would be below air quality
guideline thresholds, it was determined that there would be no
significant public health impacts on populations near the project site,
including low-income and minority populations.

Comment 18-19:

Adults and children will be exposed to much higher levels of air and
noise pollution both during and after construction. Air pollution effects
on both children and parents may include: asthma, hay fever, irritation
of the eye, nose and throat, and headaches. Some studies suggest
possible liver damage or damage to other organs; pregnant women and
adults with certain cardiovascular or respiratory conditions living in the
area will be affected more severely. Noise pollution impacts included
tiredness and headaches, stress and hypertension, and hearing
impairment. (461)

Response 18-19:

As disclosed in the DEIS, while construction activities would be
noticeable and intrusive, the noise levels produced by construction
activities with the incorporated noise reduction measures would be

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relatively low for construction of a project of this magnitude. Additional
mitigation measures that were identified to further reduce these
incremental construction and operational noise levels at nearby
residences are described below and summarized in Chapter 19,
“Mitigation”. The potential air quality and public health impacts were
also addressed in the DEIS. Based on the extensive analyses performed
for the DEIS and the incorporation of numerous mitigation measures
into the proposed project, no significant adverse impacts on public
health were predicted.
Comment 18-20:

The DEIS does not address the public health impacts of air quality,
noise, shadows, or changes in neighborhood character. (50, 64)
The EIS suggests that the permanent exacerbated health of the youth of
Fort Greene is insignificant compared to 62-story, luxury housing. (272)

Response 18-20:

The EIS addresses neighborhood character impacts in Chapter 16,
“Neighborhood Character.” The public health impacts were addressed
in Chapter 18, “Public Health.” The EIS does not suggest in any way
the statement referring to the health of Fort Greene youth.

Comment 18-21:

The poor air quality from 10 years of construction will worsen allergies
and other health conditions. Who will pay for this? (187, 530)

Response 18-21:

Based on the extensive mitigation measures incorporated into the
construction of the proposed project, no significant adverse public
health impacts are expected in the community.

Comment 18-22:

When CEQR guidelines speak of adverse impacts, they refer to impacts
on people. Yet the Atlantic Yards DEIS consistently dismisses the
potential impacts on people who live and work in the area by focusing
on the complexities of asthma and noise, and the scientific uncertainties
in determining cause and effect. If the DEIS can quantify probable
increases in particulate matter and decibel levels, it can estimate the
effects on asthma hospitalization rates and increased risks of
physiological and psychological damage in the population. (55)

Response 18-22:

The DEIS does not dismiss the potential public health impacts on
people from the construction and operation of the proposed project. As
discussed in other responses to comments, a presentation of baseline
public health issues was provided in the text. In addition, per the
guidance in the City’s CEQR Technical Manual, the public health
impact criteria were applied to determine the potential for public health
impacts. The results of these analyses demonstrated that with the
elements required for the construction and operation of the proposed
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project, there would be no predicted significant adverse public health
impacts from the proposed project.
Comment 18-23:

While the DEIS does not address the benefits of using safer materials,
such benefits could be substantial in a truly worse case scenario. The
DEIS ignores the issues raised by the destruction of the Twin Towers
and the toxicity of the air that resulted as a consequence.
Given that the health consequences of that toxicity are only now being
felt, and that the associated health costs to our government will only
continue to grow, this is not an insignificant matter. (107)

Response 18-23:

As described in Chapter 1, “Project Description,” of the DEIS, the
proposed project will include sustainable design measures. An analysis
of a condition equivalent to the destruction of the Twin Towers is
beyond the scope and requirements of the EIS.

Comment 18-24:

There is a bias in the standards used to judge air quality that applies
particularly to public health. The issue is not specifically whether the
city’s overall air quality will fall within NAAQS standards, but rather
that the local levels around AY itself, where asthma rates already are
among the worst in the entire city, falls within safe limits. Using only
area wide standards that dilute the figures for local air quality impacts is
a kind of dishonesty that puts private development ahead of public
health. (107)

Response 18-24:

The methodology applied for air quality modeling to support the
assessment of public health impacts is consistent with the guidance in
the City’s CEQR Technical Manual and the practices employed in
numerous other recent SEQRA/CEQR EISs that have addressed public
health impact determinations based on air quality impacts. The
determination of significance of the public health impacts from the
proposed project was not based on the city’s overall air quality as the
comment suggests. A neighborhood-scale air quality analysis
surrounding the project site was conducted and the resulting pollutant
emissions were determined to be within the appropriate guideline
concentrations used to determine significance of public health impacts.

Comment 18-25:

Cars and truck cause more than half the region’s ozone problem. Auto
pollution attacks the human respiratory system, causing serious health
problems. From the Atlantic Yards project alone there will be an
estimated 23,000 car and truck trips daily added to the immediate area.
This is around 8 million new trips a year. It is common sense that there
will be an increase in asthma and other respiratory illnesses in the

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immediate area, as well as increased sickness caused by the stress added
to the lives of the residents in the area. (116)
Response 18-25:

As noted in the DEIS in Chapter 14, “Air Quality”, ozone is a regional
pollutant of concern. As such, New York’s State Implementation Plan
(SIP) for ozone examines the effect of regional sources, and requires
that funding of transportation projects should consider growth in the
region to ensure that air quality objectives are attained. Locating high
density, high quality development in proximity to transit nodes is being
increasingly recognized as an important planning strategy for reducing
the numbers of auto trips that would otherwise be generated by such
development.
As part of the preparation of the DEIS, representatives of the New York
City Department of Planning (NYCDCP) and the New York
Metropolitan Transportation Council (NYMTC) were contacted for
their consultation on the potential regional impacts of the proposed
project. NYCDCP noted that NYMTC was informed of the Atlantic
Yards and that individual projects, such as the Atlantic Yards
redevelopment project, are considered to be included in the growth
within the longer term regional growth projections utilized by NYMTC.
NYMTC confirmed that the Atlantic Yards Arena and Redevelopment
project is accommodated in the regional growth estimates that were the
basis for the regional emissions analysis in the latest conforming
transportation plan and TIP determinations. Therefore, the proposed
project is included in the regional modeling to ensure that air quality
objectives for ozone are achieved. In addition, based on the results of
the detailed localized modeling, no significant air quality or public
health impacts are expected from either the construction or operation of
the proposed project.

Comment 18-26:

The EIS should include the health care consequences of increased
respiratory ailments and mental health problems from the residents in
the area where the 68 traffic intersections will be congested. (227)

Response 18-26:

The public health analyses of the potential impacts from the proposed
project followed the guidelines in the City's CEQR Technical Manual
and included a specific analysis of the potential for air quality impacts
at the traffic intersections with the greatest amount of project-generated
traffic. Based on the results of these analyses, no significant adverse
impacts from public health are expected from the proposed project.

Comment 18-27:

It is critical to provide estimates and information that quantify by how
much the PM2.5 thresholds are expected to be exceeded. It is very
important to talk about the expected values of PM2.5 concentrations and
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not just whether they are expected to be above or below the thresholds.
(108)
Response 18-27:

The total predicted concentrations of PM2.5, as well as the predicted
increases in PM2.5 are provided in Chapters 14, “Air Quality” and 17,
“Construction.” As discussed in Chapter 18, “Public Health,” the
determination of the significance of public health impacts is based, in
part, on the results of the air quality data presented in these chapters for
both the operational and construction aspects of the proposed project.
The results show that there would be no significant adverse public
health impacts.

Comment 18-28:

The EIS does not go into much detail at all about how the PM2.5
estimates were derived for this project, but we expect it is from some
sort of modeling process. Therefore, it is important to expand on the
methods used (and how their validity was determined or established).
However, as importantly, the modeling assumptions also determine to a
large degree the validity and accuracy of the output, and these
assumptions should be stated explicitly. (108)

Response 18-28:

A complete discussion of the modeling techniques and assumptions
used in the PM2.5 modeling for the proposed project are presented in
Chapters 14, “Air Quality,” and 17, “Construction.”

Comment 18-29:

It is critical to have a sense of the composition of the particulate matter
that will be aerosolized during this project. Given that this project is
centered on a former rail yard and in an area with a long history of high
volume vehicle traffic, more information is required on things like the
lead and PCBs that might be aerosolized during the project. Even if the
overall PM2.5 is below the thresholds, if there is a high lead component
and the exposure period is prolonged, this can result in increased blood
levels, which in turn have an increased risk of adverse outcomes, which
have been well-documented. Studies have shown that lead levels in both
the environment increase (on and around urban construction sites), and
the blood levels of construction workers due to aerosolization of lead in
soil and paint at the site as a result of the work/upheaval. The risk is
clearly highest for the workers, who should use personal protective
equipment and other measures, but given that PM2.5 levels will be
elevated in some residential areas, this becomes a potential public health
concern as well as an occupational health concern. Some kind of
ongoing or routine monitoring of air quality for the duration of the
project should be carried out, including concentrations and
composition/constituents of the PM2.5 (e.g., lead and other things which
may be of concern and also measurable). Children in the immediate area

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should be screened for lead poisoning with increased vigilance. The EIS
should specify a program to be implemented by the project sponsors
that extends the screening programs currently provided by public
agencies, and includes a communications program to inform the
surrounding communities as to their availability. (108)
Response 18-29:

As discussed in Chapter 18, “Public Health,” no exceedances of the
neighborhood-scale air quality thresholds for PM2.5 were predicted, and
no predicted significant adverse public health impacts are expected from
the construction and operational activities associated with the proposed
project.
The primary source of PM2.5 during project operations would be from
project-generated vehicles using nearby intersections in the study area,
and the potential stationary source emissions associated fuel burned on
site for heating, ventilation, and air conditioning (HVAC) systems.
Chapter 17, “Air Quality,” describes lead emissions from motor
vehicles:
“…Effective January 1, 1996, the Clean Air Act (CAA) banned the sale
of the small amount of leaded fuel that was still available in some parts
of the country for use in on-road vehicles, concluding the 25-year effort
to phase out lead in gasoline. Even at locations in the New York City
area where traffic volumes are very high, atmospheric lead
concentrations are far below the national standard of 1.5 micrograms
per cubic meter (3-month average).”
EPA has stated that “the large reductions in lead emissions from motor
vehicles have changed the nature of the air quality lead problem in the
United States. Industrial processes, particularly primary and secondary
lead smelters and battery manufacturers, are now responsible for most
of lead emissions and all violations of the lead air quality standards.”
(http://www.epa.gov/air/urbanair/lead/effrt.html). There are no lead
smelters or battery manufacturers surrounding the project area. In
addition, the industrial source analysis presented in Chapter 14, “Air
Quality,” concluded that there would be no significant adverse impacts
from industrial sources on the proposed project.
In terms of emissions from fuel burned for HVAC systems, the
proposed project would burn natural gas exclusively, with the exception
of one emergency generator, which would burn diesel fuel. Emissions
from natural gas-fired boilers and furnaces include nitrogen oxides
(NOx), carbon monoxide (CO), and carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), volatile organic compounds (VOCs), trace
amounts of sulfur dioxide (SO2) and lead, and particulate matter (PM)
(EPA, Compilations of Air Pollutant Emission Factors AP-42, Fifth

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Edition, Volume I: Stationary Point and Area Sources, Ch. 1.4, NC,
http://www.epa.gov/ttn/chief/ap42, July 1998.) The particulate matter
from natural gas combustion is usually larger molecular weight
hydrocarbons that are not fully combusted. The fraction of lead in PM2.5
from gas-fired boilers has been estimated at less than one tenth of one
percent. (England, G.C., Development of Fine Particulate Emission
Factors and Speciation Profiles for Oil and Gas-fired Combustion
Systems, Final Report, 2004.)
The primary source of PM2.5 emissions from construction activities
associated with the proposed project would be from on-site construction
engines. In general, most construction engines are diesel powered. The
constituents of PM from diesel engines are mainly aggregates of
spherical carbon particles coated with organic and inorganic substances
with the composition of the particles being predominantly, 80 to 90
percent, organic and inorganic carbon. The inorganic fraction consists
of small solid carbon particles, ranging from 0.01 to 0.08 micrograms,
and sulfur, oxygen, carbon, sulfate (SO), CO and NOx. The organic
fraction of the diesel particle contains compounds such as aldehydes,
alkanes and alkenes, aliphatic hydrocarbons, and PAH and PAHderivatives.(California Air Resources Board, Report to the Air
Resources Board on the Proposed Identification of Diesel Exhaust as a
Toxic Air Contaminant, April 1998).
As described above, PM2.5 emissions from fuel combustion during
project operations and construction of the proposed project would
contain negligible amounts of lead. EPA has stated that old lead-based
paint is the most significant source of lead exposure in the U.S. today.
(http://www.epa.gov/iaq/lead.html).
Chapter 10, “Hazardous Materials” discusses the occupational health
considerations during site remediation, demolition, excavation and
construction activities of the proposed project. Although the site
investigation data reported in Chapter 10, “Hazardous Materials,” do
not indicate severe lead or PCB contamination at the project site, prior
to site excavation, a Construction Health and Safety Plan (CHASP)
would be prepared to address both the known contamination issues and
contingency items. The CHASP would describe in detail the health and
safety procedures to minimize exposure of hazardous materials to
workers and the public. The CHASP would be developed in accordance
with OSHA regulations and guidelines. In addition to a Community Air
Monitoring Plan (CAMP) following the procedures of the NYSDOH,
the CHASP is expected to include specific protective measures against
potential exposure to lead. As described in the chapter, when
conducting demolition (unlike lead abatement work), lead-based paint is

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generally not stripped from surfaces. Structures are disassembled or
broken apart with most paint still intact. Normal dust control measures
(spraying the building with water) will be used during demolition. The
lead content of any resulting dust is therefore expected to be low, and
normal dust control measures are sufficient to prevent off-site impacts.
Work zone air monitoring for lead may be performed during certain
demolition activities with a high potential for releasing airborne leadcontaining particulates in the immediate work zone, such as manual
demolition of walls with lead paint, or cutting of steel with leadcontaining coatings. This monitoring would be intended to ensure that
workers performing these activities are properly protected against lead
exposure. In addition, an Asbestos-Containing Materials (ACM)
Management Plan, a Lead-Based Paint (LBP) Management Plan and a
plan dealing with PCB-containing equipment would be implemented
during site remediation according to all applicable federal regulations.
CHAPTER 19: MITIGATION
All comments pertaining to mitigation have been included within their respective areas of
analysis.
CHAPTER 20: ALTERNATIVES
GENERAL
Comment 20-1:

There is no meaningful discussion of reduced alternatives. There are
alternative plans and unfortunately the DEIS does not examine them
truthfully. They do include 30 percent affordable housing, they include
union jobs, they don't use eminent domain, and they have a smaller
scale, which would be much friendlier to the existing community. (10,
37, 50, 68, 122, 143, 152, 165, 168, 176, 259, 262, 273, 357, 411, 414,
468, 475, 560, 585)
The DEIS failed to give due consideration to alternative proposals and
the public is entitled to consideration of alternatives. The EIS should be
redone to more comprehensively address the alternatives. (474)

Response 20-1:

The DEIS presented a detailed examination of two reduced density
alternatives. The Reduced Density—No Arena Alternative, which was
modeled after the Extell Plan, provided for development of
approximately 30 to 35 percent of the dwelling units proposed by the
project and occupied a smaller footprint. The Reduced Density—Arena
Alternative, which was modeled after the Pacific Plan, considered about
55 to 70 percent of the units proposed with the project on a footprint
that was nearly equal to the proposed project site, with the exception of
certain parcels on Block 1129. While both of these alternatives would
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provide for housing, jobs, and other benefits to the community as
compared to current conditions, there is no arena in one alternative and
an inferior arena in the other alternative. Both of the reduced density
alternatives would result in significant adverse impacts and neither
would achieve the same level of benefits that would occur with the
proposed project. The proposed project would provide for more
affordable housing units, more permanent jobs, more public open space,
improved subway access, improved LIRR infrastructure, and superior
stormwater management strategies. Therefore, the DEIS determined that
the reduced density alternatives would not achieve the project goals as
effectively as the proposed project.
Comment 20-2:

The analysis of alternatives is circuitous, and the DEIS completely fails
to indicate that the goals of the proposed project were set by the
developer; therefore, judging any alternative proposals by whether or
not they meet the goals of this proposal is circular logic, and does not
provide for proper reason for their dismissal. Furthermore, if the impact
of the alternatives on the surrounding neighborhoods is less significant
than the impact of the proposed development, a conclusion should be
made that the goals of the proposed development outstrip the resources
and context which are or could be made available to support the project.
A logical conclusion, in such a case, is that the goals for the project
should be modified to preserve the resources on and around the site that
are considered important, and to avoid affecting them as this report
finds the proposed development most certainly would. (55, 58, 69, 103,
119, 349, 361)
The fact that specific features of the current plan are included as part of
the Purpose and Need confuses the means with the ends, resulting in a
document that cannot be disputed but is ultimately meaningless; since
the project is the same as the objectives, nothing can be changed.
Because if it was, it wouldn’t meet the objectives. And we see the
results of this in the subsequent dismissal of the alternatives. (489)

Response 20-2:

November 2006

ESDC set forth the goals in the GPP pursuant to the UDC Act, and these
goals reflect longstanding public policy efforts by the city to redevelop
the site, including economic development, affordable and market-rate
housing, and transit improvements. The project goals are consistent with
the City’s goals for the ATURA, which include: removing blight and
eliminating negative environmental conditions; maximizing the
development of appropriate land use; strengthening the tax base of the
City by encouraging development and employment opportunities;
providing new housing of high quality and/or rehabilitated housing of
upgraded quality; and providing appropriate community facilities, parks
and recreational uses, retail shopping, and parking (public and private).
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The project goals further the City policies to supply housing (market
and affordable) and commercial space to accommodate the growth
trends currently underway and anticipated in the future for Brooklyn
and citywide. The project goals also reflect the New York City Zoning
Resolution policies of encouraging high density development in areas
with significant mass transit access.
The project goals were presented in the draft scoping document for the
DEIS, which was made public by ESDC in September 2005. The public
was afforded an opportunity to comment on the goals as part of its
review of the draft scope, and a final scope was prepared and issued in
March 2006, which incorporated public comments. The analysis
prepared for the DEIS was based on the materials presented in the final
scope. Consistent with SEQRA, the DEIS considers alternatives to the
proposed project that would reduce the potential environmental effects
and would continue to meet the goals and objectives of the project. As
described in the DEIS, while alternative plans may reduce the potential
environmental effects of the proposed project, none of the proposals
would meet the project goals as effectively as the proposed project.
Comment 20-3:

The MTA did not consider the other alternatives when selling the yards.
(222)

Response 20-3:

The MTA carefully considered all alternatives in response to its May
24, 2005 request for proposals soliciting interest in the sale or lease of
the air space above the Vanderbilt Yards. On July 6, 2005, MTA
received proposals from Forest City Ratner Companies and the Extell
Development Company. After considering both proposals, the MTA
Board decided on September 14, 2005 to reject the Extell proposal and
to authorize continuing negotiations with Forest City Ratner Companies
regarding its proposal.
In addition, Chapter 20, “Alternatives,” of the DEIS contains a detailed
analysis of alternatives to the proposed project.

Comment 20-4:

At least three alternative plans call for less construction and no street
closures and/or the addition of new streets. These must be given serious
consideration for their smaller impacts on traffic and transit. (180)

Response 20-4:

Chapter 20, “Alternatives,” of the FEIS includes a detailed analysis of
the potential transportation impacts of the Reduced Density—No Arena
Alternative and the Reduced Density—Arena Alternative.

Comment 20-5:

The three alternative plans (Pacific, Extell, and Unity) are never
analyzed or discussed in any detail in the DEIS. These alternative plans
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are only described and the relative impacts never quantified. Each of
these alternative plans needs to be fully analyzed and discussed. Since
each also creates jobs and housing, for instance, but with fewer impacts.
(68, 206, 324, 474, 483, 527, 544)
Response 20-5:

The DEIS presented a quantified analysis of alternatives, where
appropriate. The DEIS identifies that lesser density alternatives would
have fewer impacts on community facilities, traffic, and noise, but
impacts would not be fully avoided. The DEIS also states that these
alternatives would result in fewer new market-rate and affordable
housing units, fewer construction and permanent jobs, less open space
and of inferior quality, and reduced or inferior stormwater management
infrastructure.

Comment 20-6:

The other plans on the table would work with, and enhance, our historic
communities. They would embellish our new economy, and build
organically on the successes that we have already achieved as thriving,
vibrant, desirable communities. They would embrace rather than
destroy our historic treasures. (96, 501)

Response 20-6:

All of the alternatives contemplate the construction of new, modern,
high-rise structures on the project site. Furthermore, like the proposed
project, both the Unity Plan and the Reduced Density—Arena
Alternative would demolish the former LIRR Stables but they would
retain the former Ward Bread Bakery complex, and the Reduced
Density—No Arena Alternative would retain both the former LIRR
Stables and the Ward Bread Bakery complex. However, as described in
Chapter 7, “Cultural Resources,” adaptive re-use of these structures is
infeasible.

Comment 20-7:

The analysis of alternatives is flawed because ESDC has never solicited
proposals from other developers and the state has refused to seriously
and objectively consider alternatives to the project. (58, 119, 326)

Response 20-7:

Chapter 20, “Alternatives,” of the DEIS contains a detailed analysis of a
Reduced Density—No Arena Alternative and a Reduced Density Arena
Alternative which were derived from the Extell Development
Company’s bid for the MTA property and the Pacific Plan, respectively.

Comment 20-8:

The DEIS makes an absurd claim that without Atlantic Yards, without
eminent domain, no development could benefit New York State and that
phony blight conditions would remain. (58, 107)

Response 20-8:

The blight study accurately identifies blight on the project site, and
eminent domain is an appropriate tool to address this blight. The DEIS

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includes the analysis of the Reduced Density—No Arena Alternative,
which would not require eminent domain but would also not meet the
project goals as effectively as the proposed project.
Comment 20-9:

In comparing various alternatives, the community’s support for each
alternative should be considered. The community’s “Principles for
Responsible Development” should be a guide for this analysis (55, 330).

Response 20-9:

There has been an extensive public review process for this project that
has included multiple forums for public participation. Many different
viewpoints have been expressed during these public forums, including
those of proponents of the “Principles for Responsible Development.”
ESDC has carefully considered comments expressed during the public
review process. The “Principles for Responsible Development” were the
basis for the Unity Plan and the Reduced Density—No Arena
Alternative, which was considered in the DEIS.

Comment 20-10:

The reduced density alternatives would be consistent with ATURA,
local zoning laws, and land uses. (411)

Response 20-10:

Like the proposed project, the reduced density alternatives would meet
goals of the ATURA Plan by providing for new residential and
commercial uses on the project parcels, but the proposed project
provides for superior linkage to transit, a greater number of affordable
housing units, and far more open space. Therefore, the reduced density
alternatives do not meet the goals of the ATURA as effectively as the
proposed project.
Both of the reduced density alternatives would be inconsistent with
existing zoning, and both would result in a change in land use on the
project site. Like the proposed project, these alternatives would be
implemented as part of a GPP; therefore, they would override the
existing zoning of portions of the project site. However, unlike the
proposed project, the Reduced Density—No Arena Alternative would
not fully or partially override the zoning of Blocks 1127 and 1129;
therefore, the existing zoning of these blocks would allow for the future
development of low-density industrial uses, which would be out of
context with the surrounding residential uses. Because the Reduced
Density—No Arena Alternative would not include an arena, its
implementation would not require an override of the provision of the
zoning resolution that restricts the siting of an arena within 200 feet of a
mapped residential district.

Comment 20-11:

The DEIS states that the Reduced Density—Arena Alternative would
create an arena that is too small. The DEIS does not substantiate that
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claim with any proof. Perhaps most facilities are built larger than
750,000 square feet simply because they are built in locations with more
space to build (299).
Response 20-11:

The proposed project’s arena is designed to meet the various
requirements of a modern professional sports venue, which includes
adequate space for luxury suites, back-of-house operations, circulation
and amenities, and other support space. Since 2000, there have been
three new arenas that have been built, and none of these facilities have
been smaller than 750,000 square feet and the capacity for these modern
arenas are all in excess of 18,000 seats. The arena proposed under the
Reduced Density—Arena Alternative would be among the smallest
venues in the NBA.

Comment 20-12:

The DEIS states that under the Reduced Density—Arena Alternative,
the largest park would be in a location that is not ideal for a park and
would be less appealing than the proposed project’s open space. The
park proposed under the Reduced Density—Arena Alternative would be
qualitatively better than most of the proposed project’s open space
because it would clearly be public due to the fact that it would be
surrounded by streets. In general, it would probably be assumed that
people prefer parks that are clearly public, those surrounded by public
rights-of-way (299).

Response 20-12:

The Reduced Density—Arena Alternative provides for far less public
open space (1.84 acres) than the proposed project (8 acres), and it would
quantitatively reduce the availability of active and passive open space as
compared to the no build condition. Thus, the amount of open space
proposed under the Reduced Density—Arena Alternative would be
inadequate to serve the residents and workers of the study area. In
addition, the open space provided under this alternative would not
provide for the variety of recreational opportunities planned with the
proposed project. The proposed project’s open space would have a
physical and functional relationship with surrounding residents by
providing for pedestrian pathways oriented to the Fort Green and
Prospect Heights street grids. The pathways would lead to larger open
spaces that would provide for a mix of active and passive recreational
uses. The proposed project’s open space would be physically connected
to the surrounding residential buildings on the project site and would be
functionally connected to the surrounding neighborhoods by the
pedestrian pathways. The portion of the open space located between
Carlton and 6th Avenues would be physically adjacent to the Pacific
Street and directly accessible from the sidewalk. In addition, portions of
the project’s open space would directly front Atlantic, Carlton and
Vanderbilt Avenues and Dean Street.

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Comment 20-13:

It should not be assumed that a one-block extension of the Fort Greene
Street grid is not significant. The three new blocks that would be added
under the Reduced Density—Arena Alternative would provide much
light and air to the development to make the increased density feel more
bearable. In addition, added streets would provide easier access to and
from the site, especially for pedestrians would not have to cross a super
block (299).

Response 20-13:

The proposed project would provide for new north-south visual
corridors and pedestrian pathways through the project site without
providing for new streets. The Fort Greene street grid north of the
project site would be extended physically and visually as pedestrian
paths into and across the eight-acre open space component of project
site. There would be several pedestrian access points to the open space
from the sidewalks adjacent to the project site: four points along
Atlantic Avenue, aligned to the Fort Greene street grid to the north;
three points along Dean Street; and one point at each end of the
through-block pedestrian pathway, that would align itself with the
closed right-of-way of Pacific Street between Carlton and Vanderbilt
Avenues. The access points would be a minimum of 60 feet wide,
comparable to the width of a neighborhood street (the east–west
connections would be wider), would provide the same light and air to
the area as a typical city street. The pathways would be landscaped with
easily identifiable streetscape elements. The open space would allow
views into and through the open space, providing users of the open
space with views to access and egress points from most locations within
the open space, increasing the safe and inviting character of this space..
Like the proposed project, the creation of new streets under the Reduced
Density—Arena Alternative would allow for north-south visual
corridors and pedestrian pathways through the project site. However,
these new streets may hinder traffic operations without substantial
improvements in traffic circulation. The extension of these streets
would create more four-legged intersections along Atlantic Avenue
between 6th and Vanderbilt Avenues, which may impede the flow of
through traffic.
Therefore, the function of the proposed project’s open space as visual
and pedestrian pathways through the project site is considered a better
means to physically and functionally connect the neighborhoods of Fort
Greene and Prospect Heights than is the creation of new, one-block
streets.

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Comment 20-14:

To mitigate noise impacts, project density should be reduced. The
allowed number of housing units should be reduced by 50 percent
below the current proposal of 6,860 units, to 3,430. (451)

Response 20-14:

Reducing the project density to 3430 units would not necessarily
eliminate project impacts. The DEIS provided a detailed analysis of a
Reduced Density—Arena Alternative that includes approximately onehalf of the residential units of the proposed project (in the residential
mixed-use variation). As described in Chapter 20, “Alternatives,” the
Reduced Density—Arena Alternative results in nearly the same noise
impacts as the proposed project.

NO ACTION ALTERNATIVE
Comment 20-15:

The No Action Alternative is unrealistic. (55)

Response 20-15:

As required by SEQRA, the DEIS considers a No Action Alternative.
As outlined in the final scope and in Chapter 2, “Procedural and
Analytical Framework,” although some of the more intact buildings
vacated through buyouts by the project sponsors could be reoccupied by
2010, the DEIS conservatively assumed, where appropriate, that the
conditions currently present on the project site would remain the same
in the future without the proposed project. According to the CEQR
Technical Manual, the No Build condition provides a baseline against
which the incremental changes generated by a project can be evaluated;
the No Build condition does not contain any part of a proposed project.
The reasonable worst-case scenario impact assessment discloses the
greater (and more conservative) level of project-related impacts by
assuming only limited development on the project site as part of the
future No Build baseline. This would result in a greater difference in
development between the future with and without the proposed project.
The alternative plans proposed for the project site were not considered
as part of the No Build baseline since those development plans would
require their own discretionary approvals and would potentially occur in
place of the proposed project.

Comment 20-16:

The No Action Alternative says that nothing would be built on the Rail
Yards in the next decade. Yet, the Extell bid is evidence of developer
interest. (50, 203)

Response 20-16:

A Reduced Density—No Arena Alternative was assessed, which was
developed based on the Extell Development Company's plan for the rail
yards. The Extell Plan, like the project, would require several overrides
of the New York City Zoning Resolution and other discretionary
approvals and therefore, is not considered as a No Action Alternative.

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NO UNMITIGATED IMPACTS ALTERNATIVE
Comment 20-17:

Instead of presenting a scenario, in which all significant impacts would
be mitigated in one way or another, the no unmitigated significant
adverse impacts alternative is an argument not to mitigate the impacts
that the developer chooses not to mitigate. (55)

Response 20-17:

The proposed project would result in unmitigated impacts with respect
to cultural resources, urban design and visual resources, shadows,
traffic, and noise. Any single alternative that would fully mitigate all of
these effects would be based on the minimum impact threshold of each.
Based on an assessment of the minimum thresholds, it was determined
that traffic would be the controlling element of any alternative that
would fully mitigate the effects of the proposed project. However as
noted in the DEIS, because of existing congestion at a number of
intersections, even a minimal increase in traffic would result in
unmitigated impacts at some locations. Based on a sensitivity analysis
of intersections within the study area, it was determined that the
addition of five cars during the AM peak period would trigger an impact
that cannot be fully mitigated. Thus, almost any new development on
the project site, including that which would be allowed as-of-right,
would result in unmitigated traffic impacts.
No practical alternative could be developed that would fully mitigate all
of the unmitigated effects of the proposed project. Therefore, the DEIS
explored program modifications for each of the unmitigated impacts to
determine whether there were feasible changes in the project to avoid
these unmitigated effects.

UNITY PLAN
Comment 20-18:

The DEIS fails to take seriously the Unity Plan, which took close to a
year to develop and included significant community participation. (55,
415)

Response 20-18:

The materials submitted for the Unity Plan, during the public scoping
process for the DEIS, did not provide a sufficient level of detail to
prepare a quantified analysis of its potential environmental effects.
However, the major principles of the Unity Plan, including lower
density development, limited property acquisition, and no arena were
incorporated into the Reduced Density—No Arena Alternative, which
was analyzed in detail. Nevertheless, the Unity Plan was described as
background to the Reduced Density—No Arena Alternative.

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Comment 20-19:

The Unity Plan is better because it: 1) respects in scale and design the
existing environment; 2) integrates the existing historic industrial
buildings through adaptive reuse; 3) proposes to use all existing streets
instead of demapping streets (a failed and obsolete concept); 4)
advocates for collaboration between numerous developers; 5) creates
more opportunities for permanent jobs (focusing on the tourist industry)
besides generating construction jobs; and 6) allows for a larger amount
of affordable housing without displacement. (47, 441)

Response 20-19:

As compared to the proposed project, the Unity Plan would result in
fewer, smaller residential buildings on a smaller project site. The
materials submitted during the public scoping process indicated that the
Unity Plan would provide for 600,000 square feet of commercial space,
2,300 units of housing, a school, a community recreation center; and a
linear, midblock park system through the site.
As compared to the proposed project, the Unity Plan provides for far
less housing. The Unity Plan would not develop Blocks 1118, 1127, and
1129, but it cannot guarantee that adaptive re-use would be undertaken
on these blocks since they would remain under private jurisdiction. The
Unity Plan would not close Pacific Street or Fifth Avenue, but retaining
these streets would not have a substantial benefit to local traffic
circulation. The Unity Plan called for a collaboration of developers, but
it did not provide information on how this would be achieved. Since the
Unity Plan would not include office, arena, or hotel uses, the claim that
it would provide for more permanent jobs is doubtful. Finally, the Unity
Plan could not provide for the same or greater number of affordable
units as the proposed project since its overall programming of uses is
substantially smaller.

REDUCED DENSITY—NO ARENA ALTERNATIVE
Comment 20-20:

The DEIS states that the Reduced Density—No Arena Alternative
would not provide the economic entertainment and cultural benefits of
an arena; therefore the Reduced Density—No Arena Alternative would
fail to meet many of the project's goals. This alternative, would not use
any eminent domain; would build at least thirty percent affordable
housing; would build high density, but not extreme density; would not
demap streets; would house approximately 6,000 residents; would
construct a school; would propose to go though the City's transparent
Uniform Land Use Review Procedure. Yet this is not addressed in the
DEIS. (58, 273)

Response 20-20:

The DEIS addresses these points on Pages 20-21, 20-22, and 20-23 as
follows:

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Unlike the proposed project, all of the parcels proposed for development
under the Reduced Density—No Arena Alternative are owned by the
MTA; therefore, condemnation would not be required for the Reduced
Density—No Arena Alternative. The development of the proposed
project would require action by ESDC to condemn and acquire parcels
comprising the project site;
The Reduced Density—No Arena Alternative would provide for 573
affordable housing units on the project site as compared with 2,250
units with the proposed project;
As described in Chapter 20, “Alternatives,” of the FEIS, the Reduced
Density—No Arena Alternative and the proposed project would have
comparable FAR for the blocks east of 6th Avenue that each would
develop (7.43 for the Reduced Density—No Arena Alternative vs. 7.40
for the proposed project).
Unlike the proposed project, Blocks 927, 1118, 1127, 1128, and 1129
would not be redeveloped in the Reduced Density—No Arena
Alternative, and Pacific Street and 5th Avenue would remain in their
current configurations.;
Table 20-4, cites that the Reduced Density—No Arena Alternative
would generate approximately 4,700 residents based on the average
household size for this area of Brooklyn, which is consistent with the
methodology used to project new residents associated with the proposed
project; and
The Reduced Density—No Arena Alternative includes community
facility space for a school. Although that program for this school has not
been defined, it is anticipated that seats would be provided to
accommodate the overflow generated by the Reduced Density—No
Arena Alternative.
Any development of the project site requires state actions for the
conveyance of air rights from the MTA to a private developer. ULURP
is not applicable for the proposed project because it is subject to the
UDC Act, which provided numerous venues and opportunities for
public review and comment.
Comment 20-21:

The Extell proposal would have specified union labor, and there could
have been more job creation proposals if there had been open bidding
on this project. (58, 69)

Response 20-21:

Chapter 20, “Alternatives,” of the DEIS shows that the Reduced
Density—No Arena Alternative would generate 673 jobs as compared
to 3,600 jobs for the residential mixed-use variation of the proposed
project and 8,560 jobs for the commercial mixed-use variation of the
proposed project.

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Comment 20-22:

The DEIS incorrectly states that the Reduced Density—No Arena
Alternative would require most of the same discretionary actions as the
project plan. This clearly contradicts the later statement that this
alternative would not require condemnation. (55)

Response 20-22:

The DEIS states that the Reduced Density—No Arena Alternative
would not require acquisition of property through condemnation.
However, this alternative would require many of the same actions as the
proposed project, including adoption of a GPP by ESDC, override by
ESDC of certain aspects of the New York City Zoning Resolution,
acquisition and disposition of property by ESDC, disposition by MTA
of a property interest in the rail yard and other transit improvements,
and any related real property acquisitions by LIRR or MTA, approval of
Public Authorities Control Board, and provision of State and City
funding for affordable housing and other elements of the proposed
project and tax exempt financing.

Comment 20-23:

The Extell Plan is much more amenable. Please advocate for this less
aggressive alternative plan that was designed by the community along
with experts in urban planning. The DEIS fails to consider the benefits
of this plan. (273, 265, 330)

Response 20-23:

The DEIS provides for a detailed analysis of the Reduced Density—No
Arena Alternative, and it concluded that, generally, there would be
fewer environmental impacts associated with the Reduced Density—No
Arena Alternative than with the proposed project. However, the DEIS
identified a number of deficiencies in this plan as compared to the
proposed project. The Reduced Density—No Arena Alternative would
introduce new apartment buildings amidst a manufacturing district and
would allow industrial uses to abut these new buildings. The Reduced
Density—No Arena Alternative would provide for most of its open
space at an elevation that is one-story above street-level, which is
inconsistent with planning initiatives of the New York City Department
of City Planning. Also, given requirements for clearance of the rail
yard, the Reduced Density—No Arena Alternative would be
constructed on a platform that is raised above the street-level of Atlantic
Avenue, which would create a blank wall along pedestrian routes of
travel rather than active retail uses. The Reduced Density—No Arena
Alternative would also introduce a series of closely spaced, uniform 28story buildings oriented east-west along Atlantic Avenue that, together
with the raised platform, would create a visual barrier between Fort
Greene and Prospect Heights. The Reduced Density—No Arena
Alternative would not redevelop Blocks 927, 1118, 1128, and 1129, and
the blighted and underused parcels would remain on the project site.
Therefore, the DEIS concluded that the Reduced Density—No Area

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Alternative would have fewer benefits to the local community and the
City as a whole.
Comment 20-24:

The DEIS incorrectly states that the Extell Plan would have the same
effect of residential and commercial displacement as the proposed
project. This is erroneous because the Extell Plan is half the size and
would have only one-third the number of residential units. Increases in
land values and rents, and thus, displacement pressure, are greater with
qualitatively larger projects. (55)

Response 20-24:

As described in the DEIS, development under the Reduced Density—
No Arena Alternative would be confined to the rail yard parcels, which
do not contain any residential uses. Therefore, while the proposed
project would directly displace 171 households (conservatively
including all housing units on the project site, regardless of their current
occupancy status or the terms upon which they were vacated), the
Reduced Density—No Arena Alternative would not result in any direct
residential displacement. Although the Reduced Density—No Arena
Alternative would introduce substantially fewer residential units than
the proposed project (1,946 versus 5,325-6,430 units) it could, to some
extent, serve to alleviate the current trend that places upward pressure
on rental rates in the study area by increasing housing supply. Overall,
like the proposed project, the Reduced Density—No Arena Alternative
has limited potential to affect real estate values in the 10 Census tracts
identified as containing at-risk population. Like the proposed project,
the alternative is not expected to lead to indirect residential
displacement in these tracts, and would not have a significant adverse
indirect residential displacement impact.
Development under the Reduced Density—No Arena Alternative would
be confined to the rail yard, and the rail yard does not contain any
commercial or institutional uses other than the MTA/LIRR operations.
Therefore, while the proposed project would directly displace 27
businesses and two institutions, the Reduced Density—No Arena
Alternative would not result in any direct business or institutional
displacement. Under the Reduced Density—No Arena Alternative,
indirect business and institutional displacement along 4th Avenue and
Flatbush Avenue would be less, since the new uses introduced to the
western portion of the project site would not include office and arena
uses, which could alter economic patterns in the immediate vicinity of
the site. Indirect business displacement along Vanderbilt Avenue would
be the same for the proposed project and the Reduced Density—Arena
Alternative since they would introduce a substantial new residential
population that would increase demand for neighborhood goods and

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services along Vanderbilt Avenue, thereby increasing land values and
rent.
Comment 20-25:

The assertion that the Extell Plan does not provide as many benefits as a
transit-oriented development because it is not as large is irrelevant. (55)

Response 20-25:

As stated in the DEIS, the Reduced Density—No Arena Alternative
would accommodate anticipated growth efficiently, in a relatively small
land area that is well-served by necessary infrastructure, particularly
transportation. However, unlike the proposed project, the Reduced
Density—No Arena Alternative does not maximize the benefits of
transit-oriented development. The Reduced Density—No Arena
Alternative does not improve LIRR operations or subway access; it does
not provide direct linkages between transit and uses on the project site;
and it does not locate major employment or entertainment uses on a site
that is well-served by transit infrastructure.

REDUCED DENSITY—ARENA ALTERNATIVE
Comment 20-26:

The Pacific Plan is a smaller program and a revised master plan based
on sound urban design principles that have been tested in the U.S.
marketplace many times over the past thirty years. It provides for 3,560
dwelling units, 1,188 of which would be condominiums and 2,372
would be apartments; a 180 room hotel, 638,170 square feet of office,
236,500 square feet of retail, 46,120 square feet of community uses,
46,500 square feet of light industrial, and 3,400 parking spaces. A total
of 1,186 dwelling units would be affordable housing. (254)

Response 20-26:

The DEIS assessed a Reduced Density—Arena Alternative, which was
modeled after the Pacific Plan based on materials submitted to ESDC
during the public review period for the draft scope. Materials for the
Pacific Plan that have been submitted as part of the public review
process for the DEIS vary somewhat from previous submissions and
DEIS analysis assumptions. Specifically, the retail square footage and
number of parking spaces have been reduced. However, the
programming of other uses and the site plan has not been changed.
Therefore, the Reduced Density—Arena Alternative, which is described
in detail in the DEIS, is considered an appropriate representation of the
basic principles of the Pacific Plan.

Comment 20-27:

The Pacific Plan is a better investment for this site because 1) largescale rental housing is not the highest and best use of this property; 2) a
diversified program of commercial uses provides for better return; and

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3) large tracts of open space are expensive to build and when it is poorly
designed provides little value to the project (254).
Response 20-27:

The site plan for the proposed project includes multiple considerations
for the location of project elements. Office and retail space is located in
close proximity to major arterials and transit stations and also serves as
a buffer between residential communities and the commercial corridors
along Flatbush and Atlantic Avenues. The site plan also addresses the
City’s desire to increase housing, and in particular affordable housing,
in locations that have ample transit access and other supporting
infrastructure.
The commercial uses for the Pacific Plan are similar to those that are
part of the proposed project including office space, retail space, and a
hotel. The Pacific Plan does include approximately 46,000 square feet
of light industrial use, which would not be developed as part of the
proposed project. However, given the sparsity of existing, active
industrial uses within the project site, it is uncertain whether new
industrial space would be appropriate or desirable.
The development of ample, high quality open space has been a central
goal of the project since its inception. The eight acres of publiclyaccessible open space will serve as a permanent amenity for the
community at large as well as future residents and workers within the
proposed project. Furthermore, the provision of large tracts of open
space will allow for development of both active and passive uses, water
features, and pathways and view corridors through the project site. It
will enhance the public value of the proposed project and will link
existing communities and the new residents of the proposed project.

Comment 20-28:

The Pacific Plan is a superior proposal because it incorporates a design
based on the following principles: 1) it avoids displacing existing
residents; 2) it adapts to the local street grid; 3) it trades open space for
reduced scale and density; 4) it preserves existing buildings and
provides for lower density on small vacant lots; 5) it encourages the
development of Pacific Street as a first-class residential street; 6) it
enhances the character of Atlantic and Vanderbilt Avenues as local
shopping and dining streets; 7) it wraps the arena in a lively skin of
commercial uses; and 8) it encourages public transportation while
providing more intelligent choices for private motorists (254).

Response 20-28:

The proposed project would directly displace 171 housing units on 24
parcels located on Blocks 1127, 1128, and 1129. The project sponsors
have extended relocation offers to the on-site rental tenants either
through compensation or offers for comparable off-site housing with the
opportunity to move back into the proposed development at rent levels
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comparable to their current rents. Under the offer, the sponsors would
pay certain moving costs and brokerage fees involved in seeking an
interim relocation unit that is comparable to the tenant’s existing unit
and near to the tenant’s current location, and in relocating the tenant to a
new comparable unit in the proposed development. The sponsors have
also agreed to pay the difference, if any, in rent between the tenant’s
current rent and the rent for the comparable interim unit until such time
as the tenant is relocated into a new unit in the proposed development.
This agreement would terminate only if the project were abandoned or
the tenant breached its obligations. The Reduced Density—Arena
Alternative would affect 17 of these same parcels, directly displacing a
total of 146 housing units, which is approximately 15 percent fewer
than the number of directly displaced units under the proposed project.
The Reduced Density—Arena Alternative would result in changes in
the current street network. It would close Pacific Street between
Flatbush and 6th Avenues and would create new streets through the
project site between Atlantic Avenue and Pacific Street. Because the
Reduced Density—Arena Alternative would not close Pacific Street
between Carlton and Vanderbilt Avenues and would create new streets
through the project site, it would not accommodate the provision of
eight acres of public open space.
The Reduced Density—Arena Alternative would provide for 1.84 acres
of publicly accessible open space and would add a total of 12,450
workers and residents to the study area. Thus, the Reduced Density—
Arena Alternative would result in a lower open space ratio than the
proposed project. As noted in the DEIS, the study area is already
underserved by open space resources, and the Reduced Density—Arena
Alternative would diminish rather than enhance the adequacy of open
space resources for local residents and employees.
As with the proposed project, the Reduced Density—Arena Alternative
would result in the demolition of structures on Blocks 927, 1118, 1119,
1120, 1121, and 1127, but it would redevelop fewer parcels on Blocks
1128 and 1129. Therefore, although this alternative would maintain
some buildings on Blocks 1128 and 1129 that would be demolished
with implementation of the proposed project, this alternative does
remove existing structures from the majority of the project site.
Both the proposed project and the Reduced Density—Arena Alternative
include retail uses along Atlantic and Vanderbilt Avenues, which is
consistent with existing patterns of development along these streets.
Furthermore, both the proposed project and the Reduced Density—
Arena Alternative call for commercial, retail, and residential uses
surrounding the arena. The programming of Pacific Street does vary
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since the Reduced Density—Arena Alternative would not incorporate
this street between Carlton and Vanderbilt Avenues as a pedestrian
walkway. However, both plans would have a residential character along
Pacific Street east of the arena block.
Given constraints of the Reduced Density—Arena Alternative’s site
plan, it would not include an Urban Room, any subway entrance would
be smaller, and it would not provide for a drill track for LIRR;
therefore, it would not substantially benefit subway service and LIRR
operations. While it would provide for more streets, the Reduced
Density—Arena Alternative would not substantially enhance traffic
circulation in the vicinity of the project site. Therefore, the Reduced
Density—Arena Alternative is not considered better than the proposed
project with respect to transportation access.
Comment 20-29:

The blocks south of Pacific Street should not be developed as part of a
high density complex, arena or not, but should work more as a
transitional or buffer zone between large buildings to the north and the
smaller scale residential neighborhood that currently exists on Dean
Street. While these blocks can still accommodate some more reasonably
sized residential buildings, they should be built around and complement
the existing buildings currently remaining. (572)

Response 20-29:

In order to maintain smaller scale development on Block 1127, it would
not be possible to locate an arena on the project site. Any arena of an
appropriate size and configuration would not fit on a footprint bounded
by Atlantic Avenue and Pacific Street.
The DEIS considered a Reduced Density—Arena Alternative, which
included a mix of rehabilitated structures and new construction on
Block 1129 of a scale similar to today. However, this alternative would
preclude the ability to provide for eight acres of public open space and
on-site retention of stormwater. The development of ample, high quality
open space has been a central goal of the project since its inception. The
eight acres of publicly-accessible open space will serve as a permanent
amenity for the community at large as well as future residents and
workers within the proposed project. On-site retention of stormwater
benefits the City by reducing combined sewer overflows to local
waterbodies.

OTHER
Comment 20-30:

The DEIS fails to consider alternatives for the location of a stadium at
other locations. Previous planning studies have identified Coney Island
and the Brooklyn Navy Yards as viable locations for an arena. The
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 Atlantic Yards Arena and Redevelopment Project EIS

DEIS does not provide substantial evidence that Prospect Heights is the
proper location for an arena (30, 58, 152, 330, 119, 571, 577)
Response 20-30:

Chapter 1, “Project Description,” of the DEIS presented the
consideration of alternative sites for an arena in Brooklyn. The FEIS
provides an expanded discussion in the same chapter. It was clear after
consideration of alternative sites for an arena that the project site, which
is located at the intersection of Flatbush and Atlantic Avenues and at the
site of Brooklyn’s largest transit hub, is the most appropriate location
for an arena in Brooklyn. The project site would also be large enough to
accommodate a cohesive, comprehensive development containing not
only the arena but also a mix of synergistic uses, while offering
extraordinary transportation access, proximity to a Central Business
District, and substantial publicly accessible open space designed to
foster pedestrian activity and promote connections with the surrounding
neighborhoods.

Comment 20-31:

An alternative site for the arena could be the area between the Bush
Terminal complex on 2nd Avenue and the waterfront from 30th to 39th
Streets. This is currently a large swath of mostly empty weed and trash
covered lots, some utilized, at best, for vehicle storage. Considering that
hardly any buildings would need to be demolished, no lengthy eviction
and eminent domain proceedings would hold up progress. The
waterfront site has much more space for parking facilities, and a direct
on and off ramp from the Gowanus Expressway could be provided.
Public transit could also be incorporated with a shuttle linked to the
36th Street subway station or maybe even a direct subway connection,
which could use an abandoned rail spur that serves the waterfront. The
combination of expanded transit linked with abundant parking could be
utilized not just for arena events, but also function as a large “park and
ride” facility for commuters, which would result in less BQE/ Battery
Tunnel traffic, less fuel consumption, and less pollution. The waterfront
site also offers the option ferry connections, and a whole new harbor
community complementing, and maybe improving, businesses in the
local industrial areas. Perhaps, even, the Ikea project (currently
threatening to destroy Red Hook) could be relocated there and
incorporated into the plan. This site could accommodate four projects
the size of Atlantic Yards and still have space left over. (572)

Response 20-31:

The site proposed as an alternative location for an arena is known as the
South Brooklyn Marine Terminal (SBMT). This waterfront site has
already been identified for industrial redevelopment as part of the New
York City Economic Development Corporation’s (EDC’s) Strategic
Port Plan, which serves as a blueprint for the maximization of the City’s
maritime investments over the next 20 years. The Strategic Port Plan

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outlines a series of short- and long-term capital investments for SBMT
facilities, and several projects are currently being advanced, including
renovations to pier sheds, rail track improvements, and installation of an
on-dock rail yard. This area has a history of industrial use and is
considered an appropriate site for programs and facilities to improve
New York City’s port infrastructures. The SBMT has a number of
industrial tenants and will include a modern automobile-processing
facility and a modern recycling facility, which would be a vital
component of the City’s long-term plan for solid waste management.
This waterfront site is ideally suited for cargo handling and other
maritime support functions because it offers the shortest sailing time to
the open ocean of any port facility in New York and New Jersey. The
site also has rail freight functions, combined with the maritime
capabilities, that would allow substantial intermodal freight movement
of goods; this would result in fewer truck trips through the City’s street
network and their associated effects on infrastructure and roadway
congestion.
The proposed siting of an arena at SBMT would be inconsistent with
the public planning for this site and would be inferior as compared to
the location of the proposed project. While this site would be in close
proximity to a highway, it would be removed from major transit
facilities. The suggestion to reestablish a rail spur for subway use would
likely preclude EDC’s plans to provide for intermodal freight movement
at this location. The spur would also require reconstruction of the 4th
Avenue line if direct subway service would be provided. This would
disrupt service on the four subway routes that operate along 4th Avenue
to serve the residents of South Brooklyn. Direct LIRR service would not
be possible at this location. For these reasons, the SBMT site is not
considered an appropriate location for an arena.
Comment 20-32:

The chapter inadequately explores alternative designs to avoid blocking
views of the Williamsburgh Savings Bank from Grand Army Plaza and
Flatbush Avenue, notably by rotating the arena, moving "Miss
Brooklyn" east, and eliminating Building 2. (87)

Response 20-32:

The realignment of the proposed project’s arena to allow for the
relocation of Building 1 farther east is not feasible. In order to
accommodate LIRR’s drill track, the bowl of the arena must be oriented
east-west rather than north-south. Furthermore, if the arena were
oriented north-south, the upper concourse of the project arena would
extend beyond the property line. In addition, the facades of the arena
along 6th Avenue, Dean Street, and parts of Atlantic Avenue would
result in predominantly 100-foot-tall blank street fronts because arena
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block buildings, would not benefit from that buffer; retail along the
streets would be almost impossible without seriously impacting arena
operations and vertical circulation.
Relocating Building 1 east of 5th Avenue would require that a 620-foottall building rest upon a 500-foot-long span structure on the western end
of the arena roof. The core of the tower would penetrate the seating
inside the arena bowl and would obstruct the circulation on all
concourses, and the core of the building would need to land on the
loading dock area, requiring a significant portion of the gravity and
lateral loads to transfer around this space. The net effect of these
changes would make construction of the arena impracticable.
Shifting both Building 1 and the arena to the east would have a ripple
effect, requiring numerous other significant changes to project buildings
on the arena block. Furthermore, it is likely that portions of the truck
loading area would need to be located beneath the bowl of the arena,
which would be problematic due to security reasons and operational and
constructability considerations.
Comment 20-33:

Since the open space will be regularly closed to the public, and could be
closed indefinitely, the question arises, would that risk to publicly
accessible open space be equally true of the alternatives to the proposed
project? Further, given the importance to the community of open space,
one has to question the ESDC's position that the inclusion of an arena
trumps every other possible alternative to the extent that no other
alternatives to AY need be considered for any other societal value
whatsoever. (107)

Response 20-33:

The statement that the proposed project's open space would be regularly
or indefinitely closed to the public is inaccurate. As described in the
Chapter 6, “Open Space and Recreational Resources,” the proposed
project's publicly accessible open space would have hours of operations
similar to parks under the jurisdiction of the DPR (7:00 AM to 10:30
PM from May through September, and from 7:00 AM to the later of
8:00 PM and sunset in other months). It is assumed that the open space
proposed by the alternatives would have similar hours of operation. As
shown in Chapter 20, “Alternatives,” the DEIS thoroughly assessed the
alternatives’ impacts and benefits.

CHAPTER 21: UNAVOIDABLE ADVERSE IMPACTS
Comment 21-1:

November 2006

There are unavoidable adverse impacts that cannot be fully mitigated
and are ignored for the sake of questionable public benefits. (10, 411)

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 Chapter 24: Response to Comments

Adverse impacts that cannot be mitigated will be outweighed by the
benefits the project would bring. (425)
Response 21-1:

ESDC will consider the unavoidable adverse impacts in making its
Findings under SEQRA.

GENERAL COMMENTS
Comment G-1:

There is no guarantee that Phase II of this project will go forward. We
have seen no real plan for the eastern section of this project. The GPP
shows only five buildings and the proposed arena would be built in the
first phase, leaving the entire eastern section of the site for temporary
surface parking and staging. (37)

Response G-1:

The GPP includes both Phase I and Phase II development and governs
the development of the entire proposed project. It is this program that is
subject to environmental analysis under the SEQRA process. Any
significant changes to the GPP would be subject to additional
environmental review.

Comment G-2:

The DEIS is deficient in scope; recommended mitigations are
inadequate; causes and effects are general; findings are made without
technical supporting documents. (10, 165, 411)
The proposed mitigations in the DEIS in regards to areas like traffic,
transportation, noise, and construction are minimal and ineffective.
(324)
There is insufficient modeling in the DEIS, including but not limited to
traffic and parking, public transportation, air quality and noise, and
especially regarding response times. (25, 68)
The DEIS is biased in favor of the proposed project. (282, 285)
The DEIS reads like a document prepared as an exercise intended not to
evaluate the impact of a development on the host community, but
merely one intended to meet the letter of the law. It serves only to
advance the interests of a private developer at the expense of the host
communities. (69)
The DEIS does not adequately address the consequences of the
proposed project. (507)

Response G-2:

A draft scope of work for the EIS was issued on September 16, 2005
and was widely distributed to concerned citizens, public agencies, and
other interested groups. A public scoping meeting was held on October
18, 2005 and written comments on the draft scope were accepted

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through October 28, 2005. The final Scope of Work, issued on March
31, 2006, reflects comments made during the scoping period.
All DEIS analyses were conducted in accordance with the
methodologies outlined in the CEQR Technical Manual. The DEIS
analyses are detailed in their methodologies and provide ample
supporting data. Technical supporting documents were either provided
as appendices to the DEIS or made available to the public upon request.
The DEIS disclosed significant adverse impacts in several areas and
identified mitigation measures where they were feasible. Those impacts
for which there was no practicable mitigation were also identified. The
FEIS contains additional description of mitigation measures that were
further developed subsequent to the DEIS.
Comment G-3:

The proposed project could create a possibility of hazard due to falling
snow and ice, especially with regards to the poorly understood
dynamics resulting from the complex building structures. (426)

Response G-3:

Buildings constructed as part of the proposed project would comply
with all New York City Building Code requirements. The buildings
would not pose any special hazard in terms of falling snow or ice.

Comment G-4:

Who will market the arena, the homes, and the commercial spaces? To
whom will they target the marketing? We’ll have to go regional,
national, and international in marketing. The places that come to mind
that need space are Taipei and Hong Kong. They’re built to capacity.
(133)
Who will be the office inhabitants in the new development and what
kind of state subsidies will they receive? Tenants in other Ratner
developments tend to be government-related resulting in frequent street
closures for security reasons. (271)
Half of the office space is already being rented by government agencies.
We do not need more. (150)

Response G-4:

November 2006

The project sponsors would be responsible for marketing the proposed
development. As described in Chapter 1, “Project Description” of the
DEIS, there is a strong need for new housing and commercial office
space in New York City. Based on population and employment
forecasts from the New York Metropolitan Transportation Council
(NYMTC), the demand for housing in Brooklyn is for 40,000 additional
units between 2005 and 2015, and the demand for office space in
Brooklyn is for an additional 15 million square feet between 2005 and
2015. It is not known at this time who would occupy the proposed

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 Chapter 24: Response to Comments

office space. Street closures other than those described in the DEIS are
not anticipated to occur as a result of the proposed project.
Comment G-5:

The FEIS needs to account for insurance impacts on property values,
local homeownership, affordable housing, and small business
enterprises. (107)
The PACB will need information as to whether this project will impact
the State Workers Compensation Insurance Pool, and even whether
similar state insurance pools will have to be set up for property owners
or businesses unable to obtain or afford private terrorism or other forms
of insurance. (107)
In 2007, after the Federal Terrorism Risk Insurance Extension Act
(TRIEA) expires, insurance becomes either a project cost or another
subsidy, or both. The PACB needs to know if “unanticipated costs” are
being manufactured by simply not acknowledging TRIEA’s statutory
expiration. (107)
Homeowners insurance is bound to increase if the terrorism risk
insurance coverage is even available with TRIEA expires. (499)

Response G-5:

An analysis of the insurance industry’s reaction to the proposed project
is speculative and is outside the scope of the EIS.

Comment G-6:

Simple things like mail delivery will be adversely impacted by the
project. (272, 358)
If the project goes forward FCRC will need to build a post office for its
development. The 11217 is already at capacity. (108, 349)
Where is the plan for new post offices? It is not in the DEIS nor in the
developer’s plan. (119)

Response G-6:

The CEQR Technical Manual does not suggest an analysis of the
potential impacts on USPS services for new developments. As
recognized in the latest United States Postal Service (USPS) Strategic
Transformation Plan 2006-2010, the USPS expects that high-speed
broadband, which makes Internet-based services easier to use, will
continue to increase the use of online alternatives to mail, and the USPS
is projecting a continuing decline of First-Class Mail. To respond, over
the next five years the USPS will focus on continuing to increase
efficiency to account for reduced revenue, improve the value of its
products and to focus primarily on advertising mail and package
delivery services. As noted in other response to comments, the growth
from the proposed project is considered in the long term growth
projections for Brooklyn.
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Comment G-7:

I would like to see more open space, more green space. The microclimates in the area are already affected by the amount of pavement.
(509)

Response G-7:

Comment noted.

WIND
Comment G-8:

Was a wind analysis done to determine whether the buildings will create
wind tunnels? (461)
The height of the proposed buildings will create a tunnel- or canyoneffect, resulting in a darker and windier environment. (387, 427, 461,
530)
Will the west-east alley from Flatbush to Vanderbilt Avenues become a
wind tunnel making the interior space inhospitable? (107)
Big buildings affect airflow in ways that cause discomfort and
accidents. (228)
How will hurricane winds interact with Gehry’s design? (376)
Brooklyn is in a hurricane path as discussed in New York Times article,
“High Winds, Then Premiums,” Dated September 26, 2006. (107)
In Canada, projects like this one require a wind analysis. (106)
It is already necessary to avoid Ashland Place, Hanson Place, and
Flatbush Avenue Extension when windy because of extreme conditions.
These will probably get worse with 16 very tall buildings. There are
other streets near the Pratt Institute where the residential towers create
serious wind tunnel effects on the streets. (69, 119, 235, 289, 341)
A supplemental EIS is required because the DEIS ignored wind
impacts. (69)
A wind effects study should be conducted on any planned construction
to prevent unnecessary localized problems. (37, 122, 289)
With towers proposed literally on the Bear’s Garden’s door step, we
will definitely feel the effects of winter and summer blasts of air, and
everything else that entails: dust, garbage, damage to trees and plants,
hazards to pedestrians, homes and business. Increased wind speeds at
the ground level created by the proposed towers would produce
significantly dryer conditions for the garden, damaging plants and
requiring increased irrigation. It would cause adverse effects for existing
street trees surrounding the garden, exacerbating conditions they already
struggle to overcome. Wind shear and wind chill would cause further

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damage and could potentially compromise the safety of members
working in the garden. (39)
Wind tunnel effects from the proposed project will pose potential
negative impacts for residents and trees as well as other environmental
concerns. (474)
Response G-8:

The DEIS fully describes the effects of the proposed project on publicly
accessible open spaces in the study area (see Chapter 6, “Open Space
and Recreational Facilities”). As discussed in Chapter 9, “Shadows,”
the proposed project would result in a significant adverse impact to the
Atlantic Terminal housing development north of the project site. Since
issuance of the DEIS, the project sponsors and NYCHA have developed
measures for this open space, which would include a combination of
some of the following: new landscaping and shade-tolerant plantings,
upgrading of existing play areas and additional play equipment, and
replacement of benches and other fixtures. The FEIS has been modified
to include these additional details (see Chapter 19, “Mitigation”).
In response to comments, an evaluation of wind conditions was
conducted, and indicated that although some increase in wind speed at
pedestrian levels would be expected, the proposed project would not
result in adverse wind conditions in or around the project site. At the
Brooklyn Bear’s Community Garden, the wind conditions would be
suitable for the type of activity expected in such a space, i.e., sitting,
standing, gardening, and leisurely walking. In the area of the garden as a
whole, the evaporative capability of the winds above the vegetation
would increase somewhat, but since plants draw the needed amount of
water from the surrounding soil, and the soil, when irrigated, usually
contains more water than actually used by the plants, additional
irrigation may not be necessary. In any case, for a small garden, this
small increase would not represent a significant amount of water.
The proposed project would not result in any significant adverse
impacts on air quality in the surrounding neighborhoods, including this
area’s open spaces (see Chapter 14, “Air Quality”).
As discussed in Chapter 17, “Construction Impacts,” three open spaces
in the study area would experience temporary significant adverse
impacts from construction-related noise due to construction activities on
the project site: the Brooklyn Bear’s Pacific Street Community Garden,
the Dean Playground, and South Oxford Park. Mitigation for the
significant noise impact on Dean Playground (see Chapter 15, “Noise”),
which would include a number of improvements to make this space
more enjoyable to the general public, would also serve to partially
mitigate the significant adverse impact in the non-residential study area.
The increase in traffic as a result of the proposed project is not expected
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to substantially affect the usability of other open spaces in the
surrounding areas as these open spaces are not located along the
primary travel routes for project-generated traffic.
REFLECTED HEAT AND LIGHT
Comment G-9:

The proposed project would create the possibility of hazard due to
complex geometric shapes potentially leading to reflected sunlight
being focused to a high intensity. Depending on where the reflected
sunlight is directed, pedestrians, motorists, occupants of surrounding
buildings, surrounding buildings, but also distant persons and aircraft,
could be affected. (426, 529)
Frank Gehry buildings are known to create heat and glare from
reflective surfaces. (179)
Neighbors of existing Gehry projects in LA, Cleveland, and Spain have
had to contend with glare off the materials used. In Los Angeles,
neighbors increased heat from that glare, causing a sauna effect that cost
them higher cooling bills and the need for extensive window coverings.
(39)
We are certain that the building materials shown in some of FCR’s
current project renderings would result in heavy reflective glare and
higher local temperatures, further magnifying the drying effect on the
garden’s plant and causing visual discomfort for gardeners and visitors.
(39)
The glare created by metal-sheathed buildings may also result in
increased summer air-conditioning costs. (461)

Response G-9:

The proposed project’s design includes a variety of building materials
including metal, but also masonry, glass, and other materials often used
to clad typical commercial and residential buildings. It is not anticipated
that the project would create conditions that would result in more
intense glare or greater heat than other developments.

SECURITY
Comment G-10:

How would the project sponsors deal with security issues at the arena
and in buildings over the rail yard? (289, 402, 461)

Response G-10:

As described in Chapter 1, “Project Description,” the proposed project
would implement its own site security plan, which includes measures
such as the deployment of security staff and monitoring and screening
procedures. Private security staff and security systems would be
provided for the project, including: additional security personnel at

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arena events, screening of office tenants and visitors, and private
security for the residential and open space components of the proposed
project.
The project sponsors have consulted with the FDNY regarding access
needs of emergency vehicles and other safety considerations, such as
evacuation plans for places of public gathering and fire protection and
security measures. The project sponsors also met with NYPD to review
the overall project and public safety and security measures. The FEIS
has been modified to note this.
As described in Chapter 5, “Community Facilities,” according to the
NYPD Office of Management, Analysis and Planning (OMAP), NYPD
has protocols to successfully police large venues, such as Madison
Square Garden and Yankee Stadium, which have similar events to those
that would take place at the proposed arena. For large events, officers
are brought in from throughout the city. It is expected that similar
arrangements would be made for the arena in the proposed project.
Comment G-11:

The EIS should have a comprehensive evaluation of security risks. (14,
474, 475)
The EIS should study the impact on traffic leading to the Brooklyn
Bridge from a security perspective. It is crazy to build a 60-story
building at this location. (406)
The project concentrates at the near gridlocked intersection of Atlantic,
Flatbush and 4th Avenues (three of the Department of Homeland
Security's acknowledged Terrorist Targets) a sports arena with a glass
clad skyscraper above an urban transportation hub that was already the
target in 1997. (45, 69, 102, 103, 107, 119, 122, 152, 195, 289, 290,
341, 376, 461, 437)
The plan to blow up the Atlantic Avenue Station was, as you know,
thwarted prior to 9/11 thus the document must analyze emergency
plans. (26, 37, 324, 536)
How would access points to the development be determined to prevent a
truck or car bomb? (376)
The DEIS provides no discussion regarding the protection of signature
buildings and facilities (e.g. the arena or “Miss Brooklyn”) in the post
9/11 era, nor any discussion of exit and evacuation strategies in the case
of emergencies and/or disasters within and around the proposed project
site. The DEIS should disclose how security needs created by the
project will be met. (364, 376)
Emergency evacuation plans should ensure public safety. (37)
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Is this development not a terrorist target? What about a glass-enclosed
arena with residential towers in closer proximity than city zoning would
allow? A terrorist attack was already planned at Atlantic Avenue
Station. These issues are left out of the GPP and the DEIS and call for a
Supplemental DEIS. (69, 369)
The DEIS doesn’t address security in any meaningful way. The new
buildings proposed for the World Trade Center site are being audited in
a city, state, and federal capacity. Much smaller projects are being
analyzed too. It is unthinkable that this same kind of attention would not
be brought to bear on this project. Not including it is a very serious
omission. (119)
In the event of a WTC-like attack, and given post 9/11 EPA findings,
how would air toxicity be minimized given population density? (376)
In the event of a bio or chemical attack, what mitigating air circulation,
monitoring, cut out and purification systems might be required? What
are costs associated with this? (376)
In event of a bomb, how will impact of glass shrapnel from buildings be
mitigated? (376)
What’s the mitigation for truck or car bombs? (376)
What procedures exist at local hospitals and emergency services to
handle the aftermath of a terrorist attack? (376)
It is not sufficient to say that the NYPD has conducted a thorough
security study—which is, of course, still kept secret. Ultimately, this
being a State, not City-run project, the police have neither the reason
nor resources to work out how events ranging from false alarms to
elevated terror alerts out of Washington, DC might create total
gridlock, affect the number of asthma incidents and deaths, disrupt local
business, etc. ESDC has these resources, and the PACB needs this
information in accordance with its responsibility as the final elected
decision-making body regarding AY. (107)
The design of AY determines that there are only two roads—6th and
Carlton Avenues, three if Flatbush is considered—passing through the
site. Should any truck bomb gain entry to the central “publicly
accessible open space,” it will be surrounded by numerous towers, and
that immediately puts multiple structures at risk. (107)
Emergency evacuation is ignored in the DEIS. The NYPD and MTA
have developed master evacuation plans for hurricanes and other
emergency events that rely on public transportation. ESDC must not
persist in avoiding a determination of whether the proposed project’s
monumental density, in emergency situations when it matters most, will
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overwhelm NYC’s third and Brooklyn’s largest transportation hub upon
which these evacuation plans depend. (107, 122)
The massive glass roofed arena is in a heavily used flight path making it
a potential bull's eye for a terrorist. When the security study was done
for the World Trade Center, the security experts required the builders to
use special glass for the far smaller expanse of the subway entrance
canopy because of the threat shattering glass poses. (69)
The federal protocols issued after September 11 strongly advise against
an enclosed design scheme. This type of design scheme, in essence,
creates a bowl surrounded by tall buildings. It presents the ideal
environment to maximize destruction by terrorist bombs. Yet, it is
exactly this discredited design that the Atlantic Yards developers plan
for the site. This is not addressed in the DEIS. (69)
The Urban Room requires special note regarding its location at the
center of the concentration, at one of Brooklyn’s busiest intersections.
Since the Urban Room provides entry to both the arena and the MTA’s
Atlantic Avenue Station complex, questions about security issues
affecting the LIRR and transit systems will come into play. Conversely,
it is equally clear that security issues affecting the project buildings, and
the arena in particular, could prevent people from utilizing this entry to
the Atlantic Avenue Station complex, thus denying many or all of the
benefits associated with having a direct entry to the station from the
project and its arena, currently envisioned by ESDC. (107)
The use of glass in the Urban Room, Building 1, and the arena itself
raises questions as to whether ESDC, in light of decisions made for the
Freedom Tower, will make any determination about the required
strength of the glass used. Are the arena’s glass walls even at a 500 lbs
standard? (107)
There is a real probability of the all-glass Urban Room entryway
becoming a bottleneck in various security scenarios, and even
completely shut down in others. Given that the DEIS’ positive
conclusion rests so heavily on the Atlantic Avenue/Pacific Street
subway station complex’s new southern exits, any interference with the
functions that the southern entrance must provide will have dramatic
effects elsewhere within the already over-burdened station complex.
This also raises concerns regarding congestion and how it relates to the
LIRR, TA, MTA, NYPD, and FDNY. (107)
With all the increased population growth, even traffic, and human
concentration, terrorism is even more likely at the project site. (499)

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There are significant safety risks posed by developing super-high
density development above railyards, which serve as a subterranean
pocket where dozens of trains pass in and out daily. (582)
It would be difficult to prevent a potential terrorist attack at the Atlantic
Avenue subway and LIRR stations. (483)
Response G-11:

In accordance with SEQRA, the DEIS focuses on the impacts of the
potential reasonable worst case from construction and operation of the
proposed project. Emergency scenarios such as a large-scale terrorist
attack similar to the World Trade Center attack, a biological or chemical
attack, or a bomb are not considered a reasonable worst-case scenario
and are therefore outside of the scope of the EIS. However, as indicated
in Chapter 1, “Project Description,” the proposed project would
implement its own site security plan, which includes measures such as
the deployment of security staff and monitoring and screening
procedures. In addition, as noted in the FEIS, the project sponsors have
consulted with the FDNY regarding access needs of emergency vehicles
and other safety considerations, such as evacuation plans for places of
public gathering and fire protection and security measures, and have
met with NYPD to review the overall project and public safety and
security measures. Consultation with NYPD and FDNY has been taking
place and would continue should the project move forward. Disclosing
detailed security plans is not appropriate for an EIS.

Comment G-12:

Frank Gehry has a reputation for creating buildings that are unsafe and
closed off to the street. This might be appropriate for business buildings
but not for residential. (446)

Response G-12:

Frank Gehry is a world renowned, Pritzker prize-winning architect. The
proposed project’s design would not create buildings that are unsafe or
closed off to the street. On the contrary, the proposed project would
incorporate design elements along the project’s street frontages that
would create an active, transparent streetscape through the introduction
of local retail and significant glazing requirements throughout the
project, with a focus on the Atlantic Avenue corridor. As addressed in
Chapter 3, “Land Use, Zoning, and Public Policy,” and Chapter 8,
“Urban Design and Visual Resources,” the proposed project would
increase street-level activity on the project site by providing local retail
and community facility uses on the ground floors of the residential
buildings throughout the project site. The Design Guidelines require
that each of the residential buildings would have a streetwall component
reinforcing the building’s relationship to the street.

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Comment G-13:

Frank Gehry’s designs are more suitable to the west coast and mildly
temperate climates. Each of his designs has flaws. What guarantee do
the surrounding neighborhoods have that, a few years on, this Gehry
complex will not be a danger, an eyesore, or a blight on our
communities? (349)
No matter how inspired the design, the project will be built with profit
in mind and end up growing shabby and out of style. (478)

Response G-13:

Buildings constructed as part of the proposed project would comply
with all New York City Building Code requirements and would not
pose a danger to surrounding neighborhoods. As described in Chapter 1,
“Project Description,” all buildings constructed as part of the proposed
project would conform to the project’s Design Guidelines, which were
developed in close consultation with City Planning and ESDC.

Comment G-14:

The DEIS does not address the impact on building maintenance,
insurance costs, restrictions on the use of what green space there will
be, police protection, fire protection, all the issues connected with the
security that will be called for in this densely packed project. (45, 324)

Response G-14:

Building maintenance and insurance costs are costs that would be
typical for any development, and would be borne by the project
sponsors. As described in Chapter 6, “Open Space,” the proposed open
space would be owned by a conservancy or other not-for-profit entity
established by the project sponsors, which would be responsible for
maintenance, operation and security, with the project buildings
responsible for the costs associated with these services.

Comment G-15:

How will over-flights be handled (commercial, private, helicopter, etc.),
by what agencies, and in what circumstances (Orange and Red Alerts,
special and scheduled arena events)? What will be the effect on the
regional economy and airports, including flight delays, if flights must be
curtailed or rerouted? (376)

Response G-15:

The proposed project is not expected to affect flight patterns, result in
flight delays, or have an effect on the regional economy due to flightrelated issues.

Comment G-16:

How will the arena be evacuated in emergency situations? (376)

Response G-16:

The proposed project would comply with the New York City Building
Code and New York City Fire Code requirements pertaining to
emergency egress. As indicated in the FEIS, the project sponsors have
consulted with the FDNY regarding access needs of emergency vehicles
and other safety considerations, such as evacuation plans for places of
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public gathering and fire protection and security measures. Detailed
security plans are outside of the scope of the EIS.
Comment G-17:

How will underground parking facilities be secured? (376, 483)

Response G-17:

The arena and Building 1 would have enclosed, below-grade loading
areas that would be accessed from Dean Street. All security screening
and loading dock activities would take place internally within this
enclosed, below-grade area. All other parking on the proposed project
site would be operated as is typical for attended parking facilities that
support residential and commercial developments.

Comment G-18:

How will security measures affect local thoroughfare and side street
traffic flow, parking, movement of goods and people? (376)
Even if terrorists never come to Brooklyn there are security concerns
associated with how police security will affect traffic when vehicles
have to be diverted or inspected and stopped, or if trucks must be
rerouted to safeguard the glass urban room, or what will the
consequences of the closure of this privately controlled open space be.
(376)
Regardless of whether the below-grade parking is located beneath the
Vanderbilt Rail Yards platform or not, there are concerns about access
to those parking facilities. The need to control access will inevitably
affect traffic flow. For this reason the FEIS must consider the
alternative methods used to secure below-grade parking under various
scenarios. (107)

Response G-18:

November 2006

Security measures are not anticipated to affect traffic flow, parking, or
the movement of goods and people in the vicinity of the project site. In
fact, the successful operation of the proposed project necessitates that
pedestrian and vehicle access to the site is adequately maintained.
Security measures will be designed by the project sponsors in
consultation with NYPD so that they would not negatively affect traffic
flow, parking, or the movement of goods and people. As described in
Chapter 1, “Project Description,” of the DEIS, the entrance to the
below-grade loading areas for the arena and Building 1 would be
located on Dean Street. All security screening and loading dock
activities would take place internally within the enclosed, below-grade
area and there would be sufficient internal reservoir space so that there
would be no anticipated on-street queuing of delivery vehicles. All
deliveries to the arena would be pre-scheduled.

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Comment G-19:

Will CBA agreements regarding the use of local businesses and the
employment of neighborhood residents be overridden by the need to
meet bonding and background check requirements, or as with antiterrorist bag searches, by the nature of the job's requirements? (376)

Response G-19:

The CBA is an agreement between the project sponsors and certain
community-based organizations and is separate from the EIS and GPP.
The DEIS includes some elements of the CBA as they relate to the
implementation of the program elements that are part of the GPP and
analyzes any significant adverse impact of the proposed project. A
review of the project sponsor’s future hiring practices as specified in the
CBA is outside the scope of the EIS, but it is not anticipated that the
security needs of the proposed project would affect hiring practices.

Comment G-20:

What is the level of planned surveillance and who will pay for it? (376)

Response G-20:

As described in the DEIS, (Chapter 1, “Project Description”), the
project sponsors would implement and pay for its own site security
plan, which includes measures such as the deployment of security staff
and monitoring and screening procedures. Private security staff and
security systems would be provided for the project: additional security
personnel at arena events, screening of office tenants and visitors, and
private security for the residential and open space components of the
proposed project.

Comment G-21:

What is cost/benefit of the project when security measures and their
costs are factored in? (376)
What are the costs associated with implementing security measures?
(102, 103, 376)
Even in non-emergency situations there will be numerous occasions
requiring increased surveillance, bag inspections, and so forth. What
would be the public cost in dollars for both regular and overtime service
requirements? (376)
These costs should be considered public subsidies in support of this
private developer’s luxury project. (107)

Response G-21:

The economic benefits analysis presented in Chapter 4, “Socioeconomic
Conditions,” estimates economic benefits associated with the proposed
project and discloses available information with respect to direct public
financing for the proposed project. The analysis does not include
security costs or other externalities.

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Comment G-22:

Atlantic Avenue is a designated New York City evacuation route. How
can we put the city in danger with blocked thoroughfares caused by this
bad choice of placing an arena at this location? What would an
evacuation of Manhattan and Brooklyn look like along the traffic
corridors, which could result from this project if implemented as
proposed? (69)

Response G-22:

Evacuation routes are designated in low-lying areas to be used in the
event of extreme storm conditions. The proposed project is not
anticipated to adversely affect evacuation routes or the potential use of
such routes. Furthermore, it is unlikely that an event would be held at
the arena during the extreme weather conditions that would require the
use of an evacuation route.

Comment G-23:

The Dean Street loading scenario represents normal usage.
Unfortunately, any DHS Elevated Terror Alert, or a terrorist event at
another US sports venue, or a particular high profile arena event, could
abruptly alter the scenario anticipated in the DEIS. Emergency security
measures would never allow for “security screening and loading
functions (to) take place entirely within” any of the project’s buildings.
Thus, there will be consequences for traffic that will not be addressed if
this assumption is allowed to stand and an FEIS is submitted to the
PACB without reference to security conditions that can reasonably be
anticipated to occur multiple times over the full life of the project. (107)

Response G-23:

In accordance with SEQRA, the DEIS focuses on the potential
reasonable worst case scenario impacts from construction and operation
of the proposed project. The scenarios described, a DHS Elevated
Terror Alert or a terrorist event at another US sports venue, are
speculative. It is not anticipated that the proposed project would have to
implement emergency security measures. It is expected that screening
would occur as described in the DEIS.

Comment G-24:

Given a reciprocal relationship between emergency response and traffic,
the DEIS’ failure to address security means the DEIS’ conclusions
regarding both are in error. (107)
What impact on evacuation and rescue operations can be expected from
damage to, or overloading of, public and street facilities? (376)
Impact on evacuation and rescue operations from street closures. (376)
The current design fails to address security concerns because of its
closed streets. After the security review of the planned new World
Trade Center, the formerly closed streets were required to be reopened
prior to the rebuilding. The reopening of the streets is being done to

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enable first responder's vehicles access in case of an emergency. The
Atlantic Yards plan is clearly courting tragedy. There is no plan for first
responders to reach victims in the event of an emergency. And in the
DEIS review of street closing this very important issue is not even
mentioned. This design element must be studied in relation to
emergency response needs. (69)
Response G-24:

As described in Chapter 5, “Community Facilities,” police response
times are not expected to be significantly affected by the closing of local
streets or increased traffic on the surrounding street network as the
project site is accessible by three of the borough’s major thoroughfares
and service to surrounding areas is from police precincts and FDNY
facilities that have a broad geographic distribution. Furthermore, NYPD
and FDNY vehicles are not bound to standard traffic controls when
responding to emergencies and are therefore less affected by traffic
congestion.

Comment G-25:

The traffic analysis needs to include reference to not just getting there,
but what happens once there, which in major emergency events means
evacuation. The public safety issue needs to be addressed within the
FEIS as the PACB must be satisfied that existing and evolving
emergency plans are not compromised by incessant gridlock. (107)
Assessing the impact of security and public safety issues means looking
at various sorts of traffic controls that are commonly employed within
different security and emergency management scenarios. The use of
traffic cones, barriers of various sorts, lane changes, road closings,
along with their locations and frequency of use, are among the factors
that reasonably can be expected to alter the already pretty bleak picture
presented within the DEIS. (107)

Response G-25:

As described in Chapter 1, “Project Description,” the project sponsors
have consulted with the FDNY regarding access needs of emergency
vehicles and other safety considerations, such as evacuation plans for
places of public gathering and fire protection and security measures.
The project sponsors also met with NYPD to review the overall project
and public safety and security measures. During events at the arena,
special events coordination measures will be in place to ensure that
vehicular and pedestrian traffic flows are maintained.

Comment G-26:

The mitigation of allowing bike paths through portions of the project’s
open space to improve the connection between the north-south and eastwest bike lanes relies upon the continued availability of unencumbered
passage through the project site. This assumption remains valid only so
long as security requirements, as detailed above, do not create
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limitations on such free passage through the project and its open space.
This is a risky assumption and really does not address the added traffic
along Dean and Bergen Streets, both of which are relatively narrow
streets to begin with. (107)
Response G-26:

Plans for the proposed bike paths were developed in consultation with
the New York City Department of Transportation (DOT) and are
intended to improve the connection between north-south on-street bike
lanes planned by the New York City Department of Transportation
(DOT) for Cumberland Street/Carlton Avenue and existing east-west
bike lanes along Dean and Bergen Streets. It is not anticipated that the
proposed project’s open space would be closed for security reasons.
However, even if the bike path were temporarily closed for some
unforeseen reason, bicyclists could utilize on-street routes.

Comment G-27:

It is not sufficient to declare that the elimination of the under-arena
parking also eliminates all security concerns and the need to reliably
secure unauthorized access. (107)

Response G-27:

The DEIS does not state that the elimination of parking under the arena
eliminates all security concerns. Chapter 1, “Project Description,”
discusses security and screening measures that would be put in place for
the arena parking. As also mentioned in that chapter, the project
sponsors have met with NYPD to review the overall project and public
safety and security measures, including security concerns related to the
arena and the parking facilities.

Comment G-28:

Pedestrians too may be caught up in situations where security for arena
events impacts their free movement. Surveillance and searches of
pedestrians in the vicinity of the arena are well within the realm of
probability. (107)

Response G-28:

The proposed project is not expected to adversely impact the free
movement of pedestrians around the project site. Neither surveillance
nor searches of pedestrians in the vicinity of the project site are
expected to occur during arena events or at any other time.

Comment G-29:

There is a lack of recognition of what impact security will have on air
quality. Since some elevated level of security considerations will
certainly come into play for various arena events, and arena events
contribute so disproportionately to traffic impacts, their synergistic
combination warrants scrutiny by ESDC as regards air quality and
associated public health impacts in the vicinity of the proposed project.
(107)

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Response G-29:

Operation of the proposed project under normal security circumstances
would not result in any significant adverse impacts on air quality. The
impact on air quality from any extraordinary security measures that
could be implemented under emergency situations is speculative.

Comment G-30:

The DEIS should acknowledge that insurance premiums for the project
will be reduced should the interior ‘accessible open space’ be closed off
out of security concerns. (107)

Response G-30:

The proposed project’s eight acres of open space would be publicly
accessible and there are no plans for its closure. Moreover, the effects of
any such closure on insurance premiums are not relevant to the analysis
of environmental impacts under SEQRA.

BLIGHT AND EMINENT DOMAIN
Comment G-31:

The designation of Prospect Heights, an up-and-coming neighborhood
with new co-ops and condos, as blighted is bogus. (58, 69, 107, 119,
122, 160, 172, 197, 235, 239, 241, 256, 265, 274, 281, 325, 337, 338,
339)
How is the surrounding neighborhood blighted when residences are
selling for upward of $1 million? (10, 31, 421, 160, 411, 445)
With housing values going up every day and out of reach of the
common person, how is the area blighted? (144, 172, 204, 228, 229,
268, 385)
The area is already developing in an independent way through small
businesses and individuals. This area is far from blighted. (144, 214)
The community has already transformed a blighted area into a vibrant
mixed use community. (31, 107, 191, 235, 397, 438)

Response G-31:

The DEIS states that the proposed project site is characterized by
blighted conditions, including dilapidated and structurally unsound
buildings, debris-filled vacant lots, and underutilized properties. The
DEIS does not state that the neighborhoods or blocks surrounding the
project site are blighted. In addition, ESDC has prepared a Blight Study,
which is appended to the General Project Plan.

Comment G-32:

The most absurd claim, that the site would remain blighted if the
sponsor's project were not built, is disproved by the content of the DEIS
itself. This developer and others have clearly identified northern
Prospect Heights as an attractive area for new projects. (108)

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Blighted areas have no economic value and little hope of acquiring any.
These buildings have value and without this project will acquire more
value by private investment, the same way the surrounding
neighborhoods have. (235)
Two buildings demolished by the developer on Dean Street were
appraised by a local realtor as prime renovation opportunities that
would have immediately sold for over $1 million each. The DEIS
conclusion that this neighborhood would not improve without the AY
development is patently false. (461)
The DEIS claims the area would remain blighted without this project.
This ignores viable existing developer interest as expressed in the Extell
Plan. (202, 241)
ESDC assumes that without the proposed project the yards wouldn’t be
developed, which flies in the face of reality if one considers the
competing proposals. The only reason they wouldn’t be developed is if
Ratner refused to sell or develop his properties. (144)
Response G-32:

As described in Chapter 1, “Project Description,” of the DEIS, five of
the eight blocks comprising the proposed project site were included in
the 1968 Atlantic Terminal Urban Renewal Area (ATURA). Over the
past several decades, a vast majority of ATURA, as well as areas south
of ATURA, have experienced substantial redevelopment. The proposed
project site (which comprises the southernmost portion of ATURA) is
an exception to this otherwise widespread revitalization in this area.
Currently, the project site’s below-grade rail yard and dilapidated,
vacant, and underutilized properties perpetuate a visual and physical
barrier between the redeveloped areas to the north of Atlantic Avenue
and the neighborhoods to the south. Although neighborhoods such as
Prospect Heights continue to experience residential and commercial
growth, conditions on the project site have remained largely unchanged
over the past several decades.

Comment G-33:

The blight that is being referred to has long been removed and is
outdated and fallacious information. (24)
The definition of urban blight has been stretched too thin to take over so
much. (31, 292)
If there is blight on the project site, it started with the Atlantic Yards
proposal and the threat of eminent domain, which scared local residents
into selling their properties to the project sponsors. Properties have
fallen into disrepair from intentional neglect. (108, 119, 136, 144, 366,
461, 560, 585)

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The privately owned properties the state seeks to condemn are not
blighted (468)
Response G-33:

The Blight Study appended to the General Project Plan describes
conditions on the proposed project site as of May 1, 2006. As described
in that study, the project site is currently characterized by blighted
conditions, including dilapidated and structurally unsound buildings,
debris-filled vacant lots, and underutilized properties, and has been
characterized by such conditions for several decades.

Comment G-34:

The DEIS bootstraps support for the improvements of the proposal by
comparing the proposed Site 5 development with the unattractive
conditions existing in the form of the Modells and PC Richards stores.
The DEIS fails to note that the creator of this blight is the same
developer who now proposes to save the arena by yet another
controversial development. (37, 53)

Response G-34:

At the time Site 5 was developed, market conditions did not support a
large-scale development as permitted under zoning and envisioned in
the ATURA plan.

Comment G-35:

MTA didn’t keep up the visual aesthetics of its property. Otherwise the
areas surrounding the Atlantic Yards are solidly middle class. (273, 274,
461)
The rail yards are not well lit. This is not the result of urban decay but
the neglect of the MTA. The DEIS states that street lighting needs
improvement. That may be true, but that is a conscious decision by the
City of New York, not evidence of decay. (37, 39)
Both the City and the MTA have failed to maintain the appearance of
the rail yards and have ignored local residents when we requested such
attention. That said, we would support the development of the rail yards
in a plan that improves, rather than destroys, our community. (461)
The only thing you could possible see as blight are properties owned by
the City, the State’s MTA, and Forest City Ratner. (39)
The only blighted area is the open space and sidewalk beside the LIRR
yards. (226)

Response G-35:

Chapter 1, “Project Description,” and Chapter 3, “Land Use, Zoning,
and Public Policy,” describe in detail the present condition of the
project site, including the Vanderbilt Yard.

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Comment G-36:

Atlantic Center and Atlantic Terminal blight the neighborhood. The
Atlantic Center is “vital” (as stated in the DEIS) only because of state
agencies such as DMV. (235)

Response G-36:

The Atlantic Center and Atlantic Terminal shopping centers are major
commercial uses in the study area, containing approximately 875,000
square feet of retail space and the 10-story Bank of New York office
tower. Atlantic Center and Atlantic Terminal were developed in
accordance with the goals set out in the ATURA Plan and have helped to
draw a large number of employees and visitors to the area.

Comment G-37:

Eminent Domain is supposed to be for public works projects, not
private projects. Why is the process not being respected and the rights
of residents not being considered? (150, 172, 206, 268, 398, 520, 549,
555)
It is disturbing that eminent domain could be used for anything but a
public project like a road. In an area where natural development is
occurring without Ratner, it is disturbing that the EDC would dare to
invoke eminent domain for a private developer. (140, 195, 289, 344,
367, 404, 579)
The goal of creating a new sports venue and home for the Nets
basketball team is something which has been promoted by the Borough
President and the developer. This is a personal preference and an
investment opportunity for the developer. Whether this goal alone
would support the use of eminent domain, the unprecedented direct and
indirect public subsidies, and the use of state sponsorship to avoid any
local oversight or application of local zoning and building codes and
laws is highly questionable. (119)
The privately owned properties the state seeks to condemn are not
blighted, unsanitary, or substandard. The alleged blighted conditions are
in large part Ratner’s fault. (191, 349, 438, 468, 480)
Eminent domain should not be used for the project. (13, 30, 37, 58, 122,
134, 150, 164, 218, 228, 239, 246, 257, 263, 269, 285, 295, 315, 316,
318, 322, 326, 339, 340, 351, 404, 409, 453, 476, 495, 505, 523)
The use of eminent domain is an act of violence against the community.
(210)
It is criminal to allow the developer to use eminent domain to take over
other people’s property for his own financial gain and personal agenda.
(174, 324, 354, 373, 398, 414)
The abuse of eminent domain is an act of terrorism. (444)

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The use of eminent domain amounts to sanctioned grand larceny. (47,
345)
Destroying property simply to construct something bigger and gaudier
is not sufficient reason to go ahead with this very controversial takeover
of personal property. (273, 372)
The use of eminent domain to displace hundreds and favor one
developer is abusive. (201)
Unless the need for additional community services is better addressed
and incorporated into the Forest City Ratner Atlantic Yards plan, there
may be an additional significant potential for eminent domain in the
surrounding neighborhoods to provide these additional buildings for
these services. (110)
Eminent domain might be required for a new firehouse, police station,
emergency command post, power stations, water treatment facilities, or
schools. (107)
Support for using eminent domain for the arena but not to tear down
city blocks to create a housing project. (181)
The notion that the area surrounding the proposed Nets stadium is
“blighted” and worthy of using the extreme governmental action of
eminent domain as a “remedy” to the neighborhood's problems is
reminiscent of Robert Moses’ oblivious attitude toward the numerous
neighborhoods that he destroyed during his reign. (57)
The developer has the choice to buy out individual homeowners within
the footprint of his proposed developer. If he chooses not to do so, the
state has no grounds to take property for his use. This project
should/could become New York State’s court test case, bringing New
York in line with 26 other states which have set limits on the use of
eminent domain. (160)
ESDC and FCR represented to the public and undertook that, in
furtherance of the project, ESDC would acquire FCR-owned property
by conveyance, and not by eminent domain, and that eminent domain
would only be used against the private properties not owned by FCR.
(58)
ESDC’s condemnation of FCR’s own rent stabilized leases is a
violation of other state laws, which take precendence, and which are
intended to limit and restrict the cancellation of rent stabilized leases
and the demolition of rent stabilized buildings. The use of
condemnation by ESDC against rent stabilized leases assumed by, or
entered into by FCR, deprives tenants of a valuable constellation of

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property rights, which, in addition to the protection of state laws, are
constitutionally protected. (58)
Condemnation of 700 Atlantic Avenue will have various negative
impacts on Global Exhibition Services. As our company has provided
jobs for fellow Brooklynites and paid the city and state substantial taxes
for 29 years, we are getting a bad deal to have to even consider such a
proposition. The complexities of moving our business will be
devastating and our business could see its demise with this prospective
change. (74)
To avoid what happened in the 70s, when urban renewal and eminent
domain was used to tear down six square blocks of housing and
businesses to make way for Baruch College, and to prevent the
blighting effect of complete demolition, no building should be torn
down unless the construction financing is in place and the contract
signed to build on each section of the site. (105)
The argument that this project is eliminating blight and therefore
justifies the use of eminent domain is specious. The developer is hoping
to have million dollar condos condemned for his project. How can
million dollar condos exist in a blighted area? (119)
State and city agencies should disavow taking private property by
eminent domain. (330)
Response G-37:

Pursuant to Section 13 of the UDC Act, the ESDC is authorized to use
eminent domain to acquire property.

Comment G-38:

PACC is against the use of eminent domain in this project because its
public benefit has not been proven. The assessment of the “no build”
alternative in the DEIS does not take into account the natural
progression of rehabilitation, investment, and conversion to residential
use on the blocks not over the rail yards which is and would continue to
occur without the use of eminent domain and would be a benefit to the
community. The project should be limited to building over the rail
yards. (105)
The displacement of long-term property owners is a serious matter.
Since this is a long-term project we recommend that every effort be
made to allow existing uses to remain through a modification and scale
and scope of the project. (95, 155)
The project encompasses a larger area than necessary to accomplish its
purported public interest and that interest could be achieved without
condemning any properties. (468)

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Response G-38:

Pursuant to Section 13 of the UDC Act, the ESDC is authorized to use
eminent domain to acquire property.

PROJECT COSTS AND FINANCING
Comment G-39:

The DEIS neglects to mention that with more than $1 billion in public
subsidies FCR will make more than $1 billion in profit. (55, 206, 273,
242)
Nobody supports using our badly needed tax dollars to construct 4,610
units of luxury housing, to provide a billion dollar profit to a man who's
already a billionaire. (47, 58, 204, 238, 369)
Ratner will receive windfall profits because, for example, he will be
given long-term leases for only $1 each, to massive areas of land
located in a very desirable area of Brooklyn. (468)
The developer will make a profit of $4 million with all the tax breaks he
is getting. (242)
The developer’s profits and additional hidden costs, which will be borne
by the taxpayer, need to be more fully revealed than they are in the
DEIS. A 20-year profit and loss statement has not been issued. (69, 122,
206)
Forest City Ratner is not even going to give a penny for this project, and
it will instead involve taxpayers from all over the state of New York
paying for this project, while FCR gets subsidized bonds and revenue.
(152, 204)
Taxpayers of New York State would pay Ratner in excess of $1 billion
in subsidies, including direct financing, tax breaks, and payments in lieu
of taxes, to finance this project and when completed it would be owned
by Forest City Ratner. These numbers are based on estimates using
similar developments in New York, because Ratner has not disclosed
the required projected income statements or balance sheet financials.
(160)
Taxpayer money should not be used for this development. (174, 480,
503, 505, 529)
We have no indication whatsoever as to what kind of profit the
developer is projecting. We need to understand just how much Ratner
needs and is projecting in profits. We cannot just take the ESDC's
statement that this is a good economic deal. We need a full audit of this
project so that we, who live with the results and those who will make
the final decision as to whether and how it will proceed, can make an
informed decision. (119)

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Who will ultimately pay for the project? (308)
There should be an independent cost-benefit analysis to ensure a cost
effective project, including an estimate of financial return to New York
City and State, the cost of permanent jobs created, and number of truly
affordable housing units for low and moderate income families. (168,
246, 269, 315, 384)
ESDC claims in the GPP that the City and state will receive $1.4 billion
in revenue in excess of the taxpayer subsidies over the next 30 years.
However, the GPP and attachments do not offer any explanation or
support for theses assertions. If the significant taxpayer subsidies
mentioned above were not included in these tax calculations, the
numbers would not be credible. (119)
Response G-39:

Chapter 4, “Socioeconomic Conditions,” estimates economic benefits
associated with the proposed project and discloses available information
with respect to direct public financing for the proposed project.

Comment G-40:

This project has been put together using public funds to benefit a private
development and because the Supreme Court has backed away from
eminent domain it means that there will be cost overruns that will be
covered by public funds. (298)

Response G-40:

The proposed project is a Land Use Improvement and Civic project
under the UDC Act, and is intended to achieve the significant public
benefits set forth in Chapter 1, “Project Description.” As outlined in the
EIS and the General Project Plan, the City and State have indicated that
they would provide direct funding to the proposed project of $100
million each. Funding provided by the State would be used for
infrastructure improvements necessary for the construction of the arena
and for the redevelopment of the rail yard. Funding provided by the City
would also be used for necessary infrastructure and rail yard
improvements. The City’s contribution could also be used for
acquisition costs related to the arena site (other than for the acquisition
of properties owned by the MTA/LIRR). As described in Chapter 4,
“Socioeconomic Conditions,” the total construction cost for either
program variation (residential mixed-use variation or commercial
mixed-use variation) is estimated to be approximately $3.4 billion.

Comment G-41:

We can’t realistically afford the massive public subsidies this proposal
envisions. New York State already has extremely high debt and one of
the lowest credit ratings among states in the United States. (238)

Response G-41:

An analysis of New York State’s debt levels and credit rating is beyond
the scope of the FEIS.

November 2006

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Comment G-42:

Why is it so terrible for the first developer in the history of New York
City, who got tax incentives like all the other developers, to give back to
that community in the form of affordable housing units, recreation and
jobs? (28)

Response G-42:

Comment noted.

Comment G-43:

Alan Hevesi, the State Comptroller, should audit the proposed Atlantic
Yards project. The financial numbers and the environmental impact
conclusions that we have heard or read about are so widely divergent
that an audit by a comparatively unbiased party is in order. (119, 143,
249)
The estimated cost of the project has significantly increased while the
number of proposed jobs created by the project has shrunk. (316)

Response G-43:

ESDC has been consistent in its assessment of economic, fiscal, and
environmental impacts of the proposed project throughout the project
planning process. The economic benefits of the proposed project depend
on the characteristics of the proposed project—the total construction
cost, total amount of retail, office, and community facility space
provided, and to a more limited degree, the total number of residential
units. Therefore, as shown in the FEIS, the estimated economic benefits
of the proposed project have changed since issuance of the DEIS in
accordance with the reduction in the build program. Over the course of
proposed project planning process, entities such as the New York City
Independent Budget Office (IBO) and the project sponsors have
produced reports estimating the economic impacts of various elements
of the proposed project at different stages in the planning process. Such
analyses were conducted independent of any ESDC efforts and are not
relied upon in the analyses presented in the EIS or the General Project
Plan.
Conclusions regarding the environmental impacts of the proposed
project were presented in the DEIS and modified as appropriate in the
FEIS to reflect the reduced build program and any other project
elements that were refined between issuance of the draft and final EIS.

Comment G-44:

I object to the fact that public land was sold at below market price and
thus privatized—this was a breach of commitment to the tax paying
public. (273)
There is concern that the MTA sold the development rights to the
favored developer for $100 million, which is less than the Extell offer of
$150 million and substantially less than the appraisal by the MTA’s
own selected appraiser. The difference between the $100 million the
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developer paid for the rail yards and the formal appraisal, or at a
minimum, the Extell offer of $150 million, should be treated as part of
the developer subsidy package. (119, 390)
How will selling MTA property at under market value contribute
anything towards these increased transit service demands? (145)
Response G-44:

The MTA carefully considered all alternatives in response to its May
24, 2005 request for proposals soliciting interest in the sale or lease of
the air space above the Vanderbilt Yards. On July 6, 2005, MTA
received proposals from Forest City Ratner Companies and the Extell
Development Company. After considering both proposals, the MTA
Board decided on September 14, 2005 to reject the Extell proposal and
to authorize continuing negotiations with Forest City Ratner Companies
regarding its proposal.

Comment G-45:

By delaying security and insurance cost analysis until after PACB
project approval, costs that such analysis would uncover will not be
included in the financial information provided for use in PACB
decision-making. (107)

Response G-45:

Project financing would include the cost of providing adequate
insurance for the proposed development. ESDC would provide detailed
financial information to the PACB, as is typical for any large project
presented to that Authority.

Comment G-46:

Even in cases where the DEIS identifies required upgrades to mitigate
impacts, no cost estimates are provided. For example, no costs are
provided for the schools mitigation measures, including creating new
satellite facilities in less crowded schools, leasing school space, and
building new school facilities off-site. (55)
Mitigation should include a developer contribution covering costs
related to ongoing impacts of this project. The DEIS quantifies the
benefit of increased government revenue to be generated by this project
in taxes, but does not quantify at any point the increased costs for the
government services to this project. Funds should also be allocated to
deal with the direct impacts of the project: traffic cops to direct traffic,
and quality-of-life enforcement officers to give out tickets for double
parking and car horn blowing. The fiscal benefit projections of the
project should be adjusted downward accordingly to reflect the true, net
fiscal impact. (224)
The GPP does not tell us how the public contributions for schools,
water, energy, sanitation, fire, police, and other infrastructure costs are
to be paid. (119)

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 Chapter 24: Response to Comments

There is so much that has not been stated in terms of overall cost,
whether it's the fire, police, schools, other infrastructure, electric grid,
that have not been identified. What is the true cost and how is this
money being spent, and is it being spent in another manner? (69, 105)
Response G-46:

As with all developments, municipal services would be provided and
there would be a cost associated with the provision of these services.
Chapter 4, “Socioeconomic Conditions,” indicates the tax revenues
expected to result from the proposed project. These revenues would be
available to support municipal services and other mitigation costs not
assumed by the project sponsors.

Comment G-47:

Who would foot the bill for the bike paths and the traffic cops? (155)

Response G-47:

The bike path and all other components of the 8 acres of publicly
accessible open space would be paid for by the project sponsors. It is
anticipated that on days when a basketball game or other major event is
scheduled at the arena, police or traffic control officers would be
deployed at key locations to maintain traffic flow and minimize
conflicts between vehicles and pedestrians, as is standard practice at
many major event venues in the City. The project sponsor is committed
to working with DOT and NYPD to ensure that needed resources are
available for this purpose.

Comment G-48:

Taxpayers should not allocate giant subsidies to FCR for creating
affordable housing that could be built more efficiently and effectively if
the same subsidies were made available to other developers, or the
experienced agencies already active in the neighborhoods, such as the
Fifth Avenue Committee and the Pratt Area Community Council, and
who would also deliver it sooner. (20, 69, 369)
The state and city should create a level financial playing field for all
potential developers by offering similar subsidies (330)

Response G-48:

The project sponsors would utilize affordable housing incentives that
are available to any other developer in New York City. As discussed in
Chapter 20, “Alternatives,” the proposed project site is particularly
well-suited for mixed-income housing, and the provision of affordable
units at this location has major benefits for low- and moderate-income
residents. The project site’s proximity to LIRR, subway, and bus
services provides ample transit access for low- and moderate-income
families, and the combination of existing and future employment
opportunities on and near the project site would provide employment
opportunities for future residents.

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