Judge To Partially Lift Restraining Order On Gowanus Rezoning

GOWANUS, BROOKLYN — A supreme court judge has ordered the city to immediately make public plans to rezone Gowanus, lifting a restraining order spurred by a local lawsuit against the proposal.

Kings County Supreme Court Justice Katherine Levine said Thursday that she will order the city to release its long-awaited application to rezone 80 blocks in Gowanus without "certifying" the proposal – a step that usually comes before releasing an application and starts the clock on the review process known as ULURP.

The city had planned to certify the proposal on Jan. 19 before a lawsuit from local groups opposed to the plan resulted in a restraining order.

Releasing the application first, Levine said, will give the public time to look it over while she mulls whether to let the city certify it. The groups suing the city contend that officials did not follow the proper technical steps required before certification.

"My main concern is during this age of COVID, that we get the information out to the public," Levine said. "...It seems to me that since the application is already ready, it should get out there."

Levine said she is leaning toward allowing the city to certify the proposal, but needs to finish reading court documents that were just submitted this week.

She also vowed not to allow the city to certify its proposal until an agreement is reached on the more significant part of the lawsuit — which was only briefly discussed Thursday — about whether the Gowanus rezoning should be put on hold altogether until in-person meetings about it can be held.

Voice of Gowanus, the group leading the legal challenge, contend that virtual public hearings used during the coronavirus crisis stifle the participation of the public.

Levine seemed hesitant Thursday to bar virtual hearings altogether, but agreed the city should come up with a plan to make sure everybody, even those without internet, have access to the digital meetings.

"I don't think it's a winning argument for me to say you can't do anything until COVID disappears," she said. "On the other hand, I think it's fair game for everybody to have as much access as possible."

The city has argued that virtual meetings have increased, not decreased, public participation. Christopher King, attorney for the city, said Thursday he disagreed more needed to be done, noting that the public can participate by phone, written testimony or through a computer.

Levine floated the idea of setting up computers at a public site, like the Park Slope Armory, where those without access to technology could come tune into city hearings.

"I suggest that in the interim, the city figure out and be creative...as to how to get computers in big sites where the public can come in and be socially distant," Levine said. "If we’re creative we can get it done."

The next court hearing is scheduled for Tuesday, Feb. 2.

Read more:

• Gowanus Rezoning Battle Heats Up As Lawsuit Heads To Court
• Judge Stalls Controversial Gowanus Rezoning After Local Lawsuit
• Gowanus Rezoning Opponents Sue City For Using Virtual Meetings
• Here's The City's Infrastructure Plan For The Gowanus Rezoning
• Gowanus Rezoning Process Resumes This Week: What To Expect
• City Commits To 100-Percent Affordable 'Gowanus Green' Project
• Gowanus Pushes For More Details As Rezoning Process Resumes
• Gowanus Rezoning Opponents Gear Up For End Of Coronavirus Delay