960 Franklin Avenue, currently the home to a Spice Factory, is targeted for a large scale development rezoning to enable development of several skyscrapers, at least two estimated to be approximately 40 stories! These towers would cast the Brooklyn Botanic Garden and the neighboring community into shadows!
The project’s application is heading towards certification by City Planning and the community is mobilizing to fight against “The Monster”!
The City Planning Commission and Department of City Planning had made the determination that no negative environmental consequences would occur to the Brooklyn Botanic Garden “BBG” or to the Jackie Robinson playground despite a New York City Parks Department memo saying otherwise.
To start, a lawsuit was filed by Alicia Boyd, LaShaun Ellis and Michael Hollingsworth which included a request for a temporary restraining order to halt the certification process until the community receives detailed information regarding the proposed project, as required by a new law.
The temporary restraining order was overturned in the appellate court and the application was certified on February 1, 2021. However, the City Planning Department made a major change to the application stating that adverse negative environmental consequences will happen to both BBG and Jackie Robinson Playground. A new motion was filed to halt the ULURP (Uniform Land Use Review Process) until the entire community can actively participate, since hearings are currently planned to be held virtually and many residents do not have the technology required to effectively participate. The temporary restraining order was upheld by the appellate court on March 5th.
On June 4th the temporary restraining order was lifted while the developer was ordered to work with the plaintiffs and CB9 to plan a hybrid (virtual hearing with in person option) hearing. Since planning was not progressing as expected, the TRO was put back in effect pending a hearing on June 10th.
During the June 10th hearing, the Judge ruled that since Alicia Boyd et al are pro se litigants, they are precluded to only represent themselves and could not represent the community. Therefore they were not allowed to present witnesses or affidavits from community members without internet or Zoom access. The Court’s position was that presenting witnesses and affidavits would equate to unauthorized practice of law. The judge ultimately ruled to lift the TRO and allow the ULURP hearing to proceed with no in person option. Plaintiffs are attempting to appeal the decision.