Who, me?
Councilman Brad Lander of the 39th Council District
3D model of a fully built-out Gowanus after rezoning
During the past few years, I have attended many of the public meetings pertaining to the proposed rezoning of the area around the Gowanus Canal. Those include the Bridging Gowanus community meetings hosted by our Council Member Brad Lander together with Council Member Stephen Levin and other elected representatives, which were a sham in my book.
The more Brad Lander tried to pretend that he would make sure that "
plans for growth [for Gowanus] are grounded fully in the public interest, and will achieve our shared goals", the more it appeared to the community that the rezoning was a huge giveaway to developers and that certain organizations had a seat at Brad's table to influence the rezoning long before Bridging Gowanus started.
Increasingly, I was curious to see what was being discussed about the proposed Gowanus rezoning between our elected officials and government figures...and a very specific developer: Jared Kushner
So, like any good citizen and community activist, I worked with some friends to request Brad Lander's email correspondence pertaining to the Gowanus rezoning under the
Freedom of Information Law (FOIL). And for good measure, we foiled some more of our elected officials and government figures.
The requests were sent in May 2019. In all, we foiled the email correspondence pertaining to the rezoning of:
Councilmember Brad Lander***
Catherine Zinnel , Brad Lander's former Deputy Chief of Staff
Rachel Goodman, Brad Lander's Chief Of Staff
Councilmember Steve Levin
Benjamin Solotaire, Steve Levin's North Brooklyn Community Organizer
NYC Department of City Planning***(partial)
Winston von Engel, Director, NYC DCP Brooklyn Office***(partial)
Jonathan Keller, NYC DCP in charge of Gowanus rezoning
Community Board 6
Mike Racioppo CB6 manager
Here is the specific FOIL request that was sent out:
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
1. Correspondence between ........... and each of the following individuals, officials, agencies, and companies regarding the proposed Gowanus rezoning and regarding the Gowanus Places Study:
Mayor DeBlasio
Alicia Glen, Former Deputy Mayor under deBlasio
Councilmember Brad Lander
Brad Lander (private citizen, private email)
Councilmember Steve Levin
Steve Levin (private citizen, private email)
Jonathan Butler NYC DCP
Winston Von Engel NYC DCP
Peter Fleming CB6 Chair
Mark Shames CB6 Land Use Chair
Mike Racioppo CB6 Manager
Salvatore "Buddy" Scotto, Long Time proponent of a Gowanus rezoning
Debra Scotto CB6 Member
Michelle de La Uz, City Planning Commissioner/ Executive Director, Fifth Avenue Committee
Andrea Parker, Executive Director, Gowanus Conservancy
Sabine Aronowsky, Fifth Avenue Committee
and
2. Any correspondence between Catherine Zinnel of Council Member Brad Lander's office and each of the following individuals a) regarding the proposed Gowanus rezoning, b) regarding the Gowanus Places Study, and c) regarding Brooklyn properties at 169 Third Street, 175-185 Third Street, and 201-225 Third Street.
Jared Kushner
SL Green
Kushner Companies
LIVWRK, Kushner's original partners for Gowanus project
Asher Abehsera, founder of Livwrk
Aaron Lemma, co-founder of Livwrk
Robert Schiffer, (Managing Director at SL Green)
Aby Rosen (developer, buyer of former Kushner site)
RFR Realty (Aby Rosen's development firm)
In 2017,
Kushner Companies and SL Green Realty
sold their interest to Aby Rosen's development company RFR Realty. We
found email correspondence between the Department of City Planning and a real estate law firm hired by RFR.. Surely it seems plausible that there may have been an exchange of emails between Kushner Companies, RFR and Brad Lander over the years..
After several delays and numerous requests for updates, just a few foil requests came back 7 months later. We did receive the emails of Lander and his former aid, Catherine Zinnel, as well as the emails of Levin staffer Ben Solotaire. We only received partial documents from City Planning.
Community Board 6 and its manager Mike Racioppo ignored our Foil request altogether. We have to see what to do about that with the state's Committee on Open Government.
What emerged...amidst lots of redaction...was very interesting.
Heavily redacted email between Brad Lander and New York City Hall 5/25/2018
The Lander emails from his official Council account did not say much. In fact, there really were not many emails included in the 630 page file sent to us, as many of the pages contained unnecessary printed presentations by the
Fifth Avenue Committee and the
Gowanus Conservancy, sometimes twice or three times. The lack of emails seemed strange given how long and intimately Lander has been pushing the Gowanus rezoning. How could there not be far more emails about this massive public project that he has been advancing for years?
And another question arose as we compared the Lander emails to those of his former staff member Catherine Zinnel and those of the Department of City Planning.
While we had FOILED the same topics for everyone, the email records returned for Zinnel and DCP were more extensive and contained many additional emails not contained in the Lander email returns.
As we perused these emails, we began to notice a pattern. Lander's staffer (and often Council Member Levin staffer Ben Solotaire) would be in regular communication with a number of local organizations discussing the proposed Gowanus rezoning. In particular, Michelle de La Uz of the Fifth Avenue Committee and Andrea Parker from the Gowanus Conservancy seemed to have quite a correspondence and many meetings with our elected officials.
The Gowanus Conservancy's mission is to facilitate "
the development of a resilient, vibrant, open space network centered on the Gowanus Canal." Though it appears to be an environmental grassroots organization, the Conservancy has accepted money from Gowanus developers and has positioned itself to
become the steward of the public waterfront parkland that developers will have to create as part of the rezoning.
And of course, Brad Lander previously served as Executive Director of the Fifth Avenue Committee from 1993 to 2003. He has pushed for a Gowanus Rezoning since his time at FAC, so it is not surprising that he continues to have a close relationship with this not-for profit organization. In addition, FAC is one of the developers of Gowanus Green, the large development planned for Public Place that requires the rezoning to take place in order to proceed
Notice the word 'confidential' in the subject line of the email below.
The emails as a whole show that
FAC, GCC and their joint Gowanus Neighborhood Coalition For Justice are in lockstep with Lander, doing his bidding lest they lose their funding source.
One noteworthy exception is highlighted below. It shows Brad Lander complaining to De La Uz about a quote by her staff in a City Limit article, which he obviously disagreed with.
Emails, like the one below show that for years, the Fifth Avenue Committee had privileged seats at the table with Council Members Lander and Levin, as well as with City Planning to discuss Gowanus.
Another question is: Has Brad Lander evaded Public Records Laws to push the Gowanus Rezoning?
Most of the documents block out Brad Lander's email address. This seems strange since his address surely is part of the public record. Even stranger is that some other correspondence only shows his address blocked out on a long list of email addresses. Given the context, the only email address that would make sense there, as the email chains hashed through various strategies about the proposed rezoning....is Brad Lander's personal email.
Below is an email from the Brooklyn office of the Department of City Planning addressed to Lander's personal Gmail account. (Note that we crossed out Lander's Gmail account in blue since we believe his personal email was left un-redacted by mistake)
And then there is this one, sent by Catherine Zinnel from a .com address to brad, also at a .com address. It is likely that both used
www.landerfornyc.com, Lander's campaign web site. Note that she nevertheless uses her official council staffer title in the signature block of her email.
It is very clear from the FOIL documents received, that Lander was involved in many aspects of strategy and negotiation regarding the proposed rezoning. For years now, the Fifth Avenue Committee has enjoyed privileged, special access to the Council Members, their staff members, and the Department of City Planning. It is fair to say that FAC had an outsize role in planning a rezoning that: a) they would benefit from as private developers of the Public Place site, and b) they would have a hand in getting through because one of their leaders is on the City Planning Commission.
On more than one occasion, Lander tried doing so outside the confines of his official email account.
This obviously raises more questions: What other groups or developers did Lander meet with over the years to discuss Gowanus? What deals were cut? What has Brad Lander been doing with his official position that he has worked to keep from the public eye? What else don't we know that is hidden in Brad Lander's personal emails - that will nevertheless have a major impact on thousands of people if the proposed Gowanus rezoning goes through?
Before we embark on this massive rezoning, we should know the answers to all these questions, no?
We are still working through the reams of FoIL documents ourselves, but please email me if you would like to see the entire trove for yourself.
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