Court: Pierhouse, 1 Hotel Can Stay, Height Does Not Break Law
Construction on 1 Hotel and the Pierhouse condos in Brooklyn Bridge Park is free to proceed and finish up, New York State Supreme Court Judge Knipel decided Wednesday. His written decision, which you can read here (link will download PDF), found that although the structure is blocking part of the view of the Brooklyn Bridge from the Brooklyn Heights…
Construction on 1 Hotel and the Pierhouse condos in Brooklyn Bridge Park is free to proceed and finish up, New York State Supreme Court Judge Knipel decided Wednesday. His written decision, which you can read here (link will download PDF), found that although the structure is blocking part of the view of the Brooklyn Bridge from the Brooklyn Heights Promenade in defiance of a 2005 community agreement, it is not breaking any laws. Also, the suit was brought too late, he said.
The lawsuit turned on the definition of what constitutes a building and whether or not the bulkhead counts. The park’s modified General Plan is silent on the matter, but architectural practice in general typically does not count rooftop structures such as bulkheads as part of the building itself, the judge’s decision said.
Above and below, Pierhouse construction late last month. Click through to see email statements from all the lawsuit parties.
Pierhouse Coverage [Brownstoner]
Photos by Field Condition
Statement from Brooklyn Bridge Park President Regina Myer:
We’re gratified the court agrees that the Pier 1 development underwent an extensive, transparent design review process, maintains all protected views, and complies with all height restrictions imposed on the project. Since the park’s inception in 2002, its funding plan has been straightforward: revenue from development sites within the project’s footprint supports the park’s longterm maintenance and operations. Without those sites, there would be no Brooklyn Bridge Park. The court agrees. Our ability to finish the Pier 1 project moves us closer to that self-sustaining goal, and to completing the transformation from derelict waterfront to vibrant open space enjoyed by millions.
Statement from Toll Brothers and Starwood Capital Group:
We are very pleased with the Court’s decision and findings of fact that confirm the Pierhouse development complies with the height restrictions imposed on the project which were adopted after years of extensive community review and input. Toll Brothers and Starwood are proud to be a part of the historic redevelopment of Brooklyn Bridge Park, which has been transformed from dilapidated piers and industrial buildings into an urban oasis with enormous long-term benefits to New York City and its residents. We are equally proud that Pierhouse will serve as a model of environmental sustainability while also helping to generate the revenue necessary to sustain this world-class public amenity for decades to come.
Statement from Save the View Now’s Steven Guterman to supporters:
On Friday, Judge Knipel issued his interim decision to deny STVN our request for a preliminary injunction on the Pierhouse.
We are deeply disappointed in the outcome, and strongly disagree with the Judge’s findings, most notably that the agreements reached with the community in 2005/2006 are not legally enforceable. What is the purpose of negotiating and reaching agreements with the public if they are not meant to be binding? Judge Knipel opens his decision with the following “Beyond peradventure, the vision of the New York Harbor from the Brooklyn Promenade is an iconic, world class view, worthy of the maximum protection the law can afford.” There is no doubt that “the casual passerby walking along Brooklyn’s majestic Promenade is struck with the indelible impression that these buildings, now nearing completion, are simply too large.” While denying our request over legal technicalities, what is most disturbing in Judge Knipel’s finding is that, despite the worthiness of maximum protection, “When our government had the opportunity to significantly improve the view, a conscience decision was made not to do so.” This conscience decision by our government defies logic, patriotism and respect for the opinions expressed by the community. We will be consulting with our attorney, and our legal committee to determine what our next steps will be. We will update you accordingly. Thank you for your continual support.
Horrible news. That beautiful view should be available to everyone, not just the folks in the hotel and condos. I like the park but the design of the buildings surely could have done without compromising the views. Bad design and greed won out here.
Terrible news – what good are negotiations and agreements with the public if developers have NO incentive to follow them? Keep handing the city over to the privileged billionaires, who cares what gets ruined along the way.
Very good news. Let’s hope this is the last round and this building gets finished, and that the people who would prefer to have a half-finished building sitting idly for the next 10 years while they fight in court, are finally defeated.
It’s actually a sad commentary that to build a beautiful park requires the construction of luxury housing on the site. But having said that, it’s very hard to feel sorry for the BH folks. Back in the 1950’s it was their clout that caused the construction of the BQE to veer out to the water’s edge (and included the construction of the prominade) when the more direct route would have been due north from the Atlantic Avenue exit. Doing so saved their neighborhood from the ruin cased by the BQE in Cobble Hill and Carroll Gardens (not to mention the Cross Bronx!). They got their prominade. Now they should be happy that another wonderful facility is available to everyone else.
Sooo, because in the 1950’s people in BH fought to move the BQE elsewhere it’s just desserts that the view from BH promenade is destroyed now? Are you 95? Are you from Carroll Gardens? And if you are, do you really think the “guys” who hung out on those streets would have let that happen if they didn’t want it to happen? Why do you have this bias against people who mostly must be dead now?
The destruction of the view is horrible.
Fantastic news for the people of Brooklyn and NYC and for sustained access to long-neglected waterfront space! Only the residents of Brooklyn Heights could complain about a truly spectacular park being built right on their doorstep – although one must give them credit for successfully distorting the narrative to one of “the people” fighting against “big developers”. (One would hope the media could see through that ruse with greater ease) The reality of course is that this is a great victory for ALL residents of this waterfront city in the face of groundless opposition from a tiny, entitled enclave of people with clearly way too much time on their hands.
The “too much time on their hands” argument has repeated once too often for me to believe it. I support the “Save the View,” folks and I have no extra time. I am not from” a tiny entitled enclave.” I am a middle class person, a native NYer living in Flatbush. The people who are from “tiny entitled enclave” are the vastly rich Toll Brothers and the probably less than couple hundred or less people who will be buying those over priced condos that will obscure a beautiful and historic view.
No, I think you might have too much time on your hands, given how often you post here.
This is not great news. The people of Brooklyn, NYC and the world have lost a great view because the developers who are making over 10 times their investment came up with a bad design. A design that was changed after Sandy because they needed to elevate their infrastructure.
I’m sorry you apparently had to compete with rats and debris while trying to enjoy the waterfront. I enjoyed it from the promenade with its then unobstructed views. Views that with Pierhouse going forward will never again be seen by me or the other millions who visit Brooklyn Heights.