May 8, 2013 Deputy Mayor Cas Holloway Deputy Mayor Robert Steele City Hall New York, NY 10007

Re: Evaluation of hydrologic impact of large elevated sites in flood zones, including the Lightstone Group development on the Gowanus Canal

Dear Deputy Mayor Holloway and Deputy Mayor Steele: We write to inquire about the potential impacts of elevating large sites in flood hazard areas (e.g. the proposed Lightstone Group development along the Gowanus Canal) on nearby properties, as well as the process through which New York City evaluates these impacts before issuing building permits. Following Hurricane Sandy, Mayor Michael Bloomberg issued an executive order waiving zoning-based height restrictions in a limited fashion so that buildings can meet higher flood standardsnamely the updated Advisory Flood Base Elevation (ABFE) maps recently released by FEMAin order to facilitate rebuilding. Owners can achieve this elevation in a number of ways: by elevating their building on stilts, creating a higher foundation, or re-grading the site itself. Constituents who live and work near the Gowanus Canal have expressed concern, which we share, about the potentially adverse impact that large-scale, but piecemeal, re-grading of development sites could have on surrounding properties during flooding episodes. As you know, during Hurricane Sandy, the canal overflowed its banks and flooded surrounding businesses and homes. Neighbors have questioned if, by re-grading a large site on the canal, floodwater would be pushed to nearby properties, and also impede drainage from properties further inland. This concern is particularly relevant for the Gowanus Canal, as it is a long, narrow tidal waterway lined by buildings constructed before the Coastal Zone Management Act was adopted. This question has specifically arisen in the context of the Lightstone Groups plans to construct a 700-unit rental development on two blocks of the banks of the Gowanus Canal, at 363-365 Bond Street. The developer intends to elevate the ground floor ten feet above Mean High Water (10.62 elevation in Brooklyn Highway Datum). This is approximately one foot above the level of flooding seen during Hurricane Sandy and two

feet above the Advisory Base Flood Elevation. Re-grading two blocks, out of the roughly two-dozen bordering the upper Gowanus Canal, could well affect the pattern of water displacement during a flooding event, to the potential detriment of nearby properties. The site was rezoned by the City of New York in 2009 to permit residential development, without a broader comprehensive plan for nearby properties or the rest of the Gowanus Canal area. While the Lightstone Group proposes to build an as-of-right project, we are concerned that it may have an impact that should be analyzed in a broader context. We would like to understand if your offices have investigated the potential for adverse hydrologic impacts upon surrounding properties resulting from re-grading large individual sites within flood hazard areas. If re-grading couldeven in a limited set of circumstanceslead to such impacts, how will such impacts be evaluated? For example, would the Department of Buildings confer with the Department of Environmental Protection before approving building permits for a re-graded site in a flood hazard area, such as that planned for 363-365 Bond Street? While we need to facilitate rebuilding for communities that were hard-hit by the hurricane, it is critical that we have a long-term, comprehensive approach to flood prevention, rather than a piecemeal approach that could increase hazards. This is especially the case for narrow tidal waterways such as the Gowanus Canal. Moving forward for Gowanus, we believe it would be better to bring all the stakeholders to the table to develop a comprehensive plan for the infrastructure, flood protection, and land use regulations needed for a safe, vibrant, and sustainable Canal area. We should seize this opportunity to create an innovative model for low-lying, mixed-use waterfront areas on a warming planet. Thank you for your time and please do not hesitate to contact Catherine Zinnel in Councilmember Landers office at 718-499-1090 or czinnel@council.nyc.gov. Sincerely,

Brad Lander New York City Councilman

Nydia M. Velzquez Member of Congress

Velmanette Montgomery New York State Senator

CC:

Commissioner Robert LiMandri, NYC Department of Buildings Commissioner Carter Strickland, NYC Department of Environmental Protection