Barclays Center reneges on promise to line up general admission patrons toward the plaza, not Sixth Avenue

Fans wait outside Atlantic Ave.
entrance for tickets for The Killers

So, here's how Barclays Center officials made a promise, and completely failed to honor it.

In April, general admission patrons for the April Green Day concert formed queues going east of the Atlantic Avenue entrance, clogging a narrow sidewalk, wrapping around to Sixth Avenue, and blocking and endangering ordinary pedestrians.

Arena officials seemed concerned. As I reported 5/8/13, Barclays Center Community Affairs Manager Terence Kelly said at a community meeting that, going forward, people would line up east to west stretching toward the arena plaza.

That's not what happened this past Saturday, as would-be general admission patrons for The Killers began lining up at 7 am, and were again directed west to east, stretching around Sixth Avenue.

But why?

I haven't heard an explanation. Maybe this configuration helps the two businesses, MetroPCS and Elbow Room, that are open along the Atlantic Avenue facade.

But it sure won't be workable if and when a residential tower, with ground-level retail, opens at the northeast corner of the arena block (which is the southwest corner of Atlantic and Sixth avenues). Then again, that's the third residential tower planned, some years off.



Any explanation?

Given that Kelly typically does not respond to my queries (nor does the arena spokesman), I contacted him via Twitter yesterday morning to raise the issue. No response.

@heyitsterence Didn't you promise #BarclaysCenter patrons wuld line up from plaza, not 6th Ave? atlanticyardsreport.blogspot.com/2013/05/at-com… @ayinfonyc found diff
— Norman Oder (@AYReport) May 19, 2013

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As graduates gather today on residential Dean Street, remember how it morphed from preferred seating entry to "mid-sized" portal

EmblemHealth Dean Entrance

The crowd gathering at 8:30 this morning at the Barclays Center's Dean Street entrance--sorry, the EmblemHealth Dean entrance--for the Long Island University commencement ceremonies was never supposed to be there.

(The graduates will arrive at the Dean Street entrance at the bottom of the arena, which is across the street from a residential cluster, while a larger group--their guests--arrive at the main plaza, at Atlantic and Flatbush avenues.)

That's because, when the Atlantic Yards arena was approved in 2006, there was a minor entrance, only a few doors wide, on Dean Street, only slightly larger than the entrance on Atlantic Avenue just west of Sixth Avenue.

EmblemHealth Atlantic Entrance

See the graphic below from the November 2006 Final Environmental Impact Statement, which shows an arena oriented nearly east-west, as opposed to the current north-south orientation.

The Dean Street entrance, part of a plan designed to "minimize its presence and effect on the residential uses" in the area, was supposed to be for VIPs.

Instead, thanks to a change in plans and some fuzzy and misleading language that I'll address below, it became a much larger secondary entrance--in fact, the secondary entrance, deemed "mid-sized" by an arena official.

So now, as indicated in the photo above right, the Dean entrance has nine double doors. (That's actually more than the seven double doors on the main plaza, though they are spaced more generously and offer far more opportunity for people to gather.)

By contrast, as shown in the photo above left, the EmblemHealth Atlantic Entrance has just two double doors. (There are several other doors on Atlantic, as I'll explain below, but mostly for exits, not entrances. Dean Street also offers another set of doors for workers to enter.)

The arena as approved, 2006

From Figure 1-22 of the Final Environmental Impact Statement, Nov. 2006. Atlantic Ave. at top, Dean St. at bottom.

From the Final EIS

According to the November 2006 Final Environmental Impact Statement issued by the Empire State Development Corporation (ESDC), Executive Summary:

The New York City Zoning Resolution prohibits arenas within 200 feet of residential districts as some of the operations could be incompatible with districts limited primarily to residential use. (Arenas are permitted in most commercial districts allowing for residential use.) The arena block is adjacent to a residential district to the south, and accordingly, the arena has been designed to minimize its presence and effect on the residential uses on these blocks. Primary entrances and signage would be oriented toward the crossroads of two major commercial thoroughfares and away from these residences. Two primarily residential buildings (Buildings 2 and 3) on the arena block would occupy most of the Dean Street frontage, serving as a buffer between uses. However, the preferred seating entry and entry to the loading area would be located on Dean Street and, while security screening and loading functions would take place entirely within the building, the residences along this street would experience some localized adverse impacts. 

(all emphases added)

Note that there was no statement about where workers would enter, which turned out to be Dean Street.

Also note the misleading notion of "primary entrances" oriented toward the commercial crossroads. There's only one primary entrance.

The term "primary entrances" was again used in Chapter 3, Land Use:

GEICO Main Entrance: seven double doors (+ Starbucks)

As also noted above, the arena has been designed to avoid and minimize operational effects to the extent feasible on adjacent and on-site residential uses by orienting the primary entrances and signage along Atlantic and Flatbush Avenue away from such residences and locating all servicing activities (e.g., deliveries, screening) internally.

But Chapter 8, Urban Design, more accurately described one primary entrance and other secondary entrances:

The arena’s primary entrance would be located at the Flatbush and Atlantic Avenue intersection; secondary entrances would be located on Atlantic Avenue and Dean Street.

Calvin Klein VIP Entrance, Atlantic Ave.

This left the impression, not inaccurate based on the graphic above, that the secondary entrances on Atlantic and Dean would be roughly commensurate in size.

A change in 2009

Then things changed, when the arena was redesigned and shrunken, part of a revised project plan re-approved in 2009. According to the ESDC's June 2009 Technical Memorandum:

The VIP entry to the arena would be relocated to Atlantic Avenue, although an entrance from Dean Street would remain.

According to the Technical Memorandum:

The proposed access and circulation reconfigurations would not create any notable changes to the site’s urban design; while the VIP entry to the arena would be relocated to Atlantic Avenue, a secondary arena entrance on Dean Street would remain.
...Although the arena’s VIP entry would be relocated to Atlantic Avenue from Dean Street, this would affect only a relatively small number of arena pedestrian trips, and a substantial change in pedestrian flow patterns is not anticipated. There would continue to be a secondary entrance for arena patrons located on Dean Street as assumed in the FEIS.

The shift is understated, but it's significant.

Dean Street loading dock, worker entrance at left near
EmblemHealth Dean Entrance

Yes, "a secondary entrance" would remain, though at least some language in the Final EIS left the impression that the only function as of 2006 of the Dean entrance was for preferred seating, leading to the not unreasonable conclusion that the shift in the locations for VIPs would mean no functions for Dean shift.

Note that a "preferred seating entry" is not the same as a "secondary entrance."

Again, there was no mention of where the workers would enter--and, for that matter, go across the street to smoke, hang out.

The oprating arena


As I wrote in June 2012, then-arena General Manager John Sparks estimated that between 70-75% of arena visitors would enter the arena from the arena plaza (with new subway entrance), 5-10% of the crowd, mainly suiteholders, would enter on the VIP entrance on Atlantic Avenue, with another 5-10% going through small entrance on Atlantic near Sixth Avenue.

Atlantic Avenue exit doors

Sparks also said that the “mid-sized” entrance on Dean Street would accommodate arena staff--estimated at 800 people for major events--as well as some 20% of attendees, which could mean 3,600 people.


In other words, Dean Street, though clearly secondary to the plaza entrance, was by far the largest of the secondary entrances.

The photo at left shows two clusters of three double doors on Atlantic Avenue--on in the foreground, another down the block--used only to exit the arena.

Flatbush Avenue near Dean Street exit

That makes nine sets of double doors on Atlantic, counting the two entrances (VIP and EmblemHealth), but, again, only to exit. There's too little room on the sidewalk outside to make it a plausible entrance.

At right is the "secret"--as in unrevealed in documents, as far as I know--exit from the arena at Flatbush Avenue just west of Dean Street.

Going forward

It will be interesting to see what happens when, as noted in the FEIS, "two primarily residential buildings (Buildings 2 and 3) on the arena block would occupy most of the Dean Street frontage, serving as a buffer between uses."

Presumably those residents--adding significantly to the Dean Street population--will have their own concerns about Barclays Center crowds in the morning and evening, and surely even greater concerns if the arena can't solve the problem of bass penetrating nearby residences.

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From the latest Construction Alert: 40 trucks coming to B2 site on one day; mitigation for pile drilling may be improved ("severe vibrations" "like a constant earthquake")

The latest two-week Atlantic Yards Construction Alert, issued yesterday by Empire State Development after preparation by developer Forest City Ratner, warns that on one (yet unspecified) day during this period, 40 trucks will be delivering concrete to the B2 modular tower site at the corner of Dean Street and Flatbush Avenue:

The first mat slab, elevator and sump pit wall pour will be scheduled during this reporting period. Approximately 40 concrete trucks will be delivering to the site during the course of the day of this pour. A separate logistics plan has been submitted and approved by the OEM for this work. Trucks will be unloading the concrete behind the MPT barrier on Dean Street and utilizing the Pacific Street queue area when needed in order to avoid queuing and idling on Dean Street and/or adjacent roadways.

Pile drilling and noise complaints

The alert also states, regarding pile drilling at the railyard site:

Actual pile drilling along and outside the south wall to the yard started on April 22nd and will continue for the next several months. All mitigation devices are in place and are being monitored hourly and daily with respect to noise and dust. As the process progresses and we gain experience with this new drilling equipment, we will actively seek to tweak and try to improve on mitigation.

The latter may be a response to complaints like these (1, 2, 3, 4) on Atlantic Yards Watch:

• Pile driving from Atlantic Yards is causing the mirrors on my walls to shake.
• Construction in Atlantic Yards rail bed is causing my apartment building to shake
• Vibrations from pile-driving on Pacific street rail yards are causing the furniture to shake inside my apartment.
• From 10 am to the present (noon), pile driving on the rail beds is causing the light fixtures and furniture in my apartment to vibrate. The entire building is shaking slightly. I could hear the metal in my wall sconces jiggling out loud. It's like a constant earthquake.

Here's an even longer report:

I live at 560 Dean Street. I have experienced severe vibrations in our building caused by the work they are doing on Pacific. I have actually gone outside during the vibrations to see the cause, and it appears that the vibrations occur when they are using the large drill-like machine on Pacific that is shoring up the wall. These vibrations are occurring every day, sometimes for minutes at a time. I am concerned that these vibrations are causing structural issues with our building and the building around us. We are a block away from the construction, so I assume that the vibrations are even work for the buildings closer to the construction site."

Atlantic Yards Construction Alert 5-13-2013

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Has the Barclays Center "put a dent" in Brooklyn's unemployment rate? Not at all (but nearby commercial property owners are winners)

Bruce Ratner likes to call himself a "civic developer" because the intent is to always "have an aspect of it, it has a civic component, it has some economic development, or some architectural, some aspect that really contributes back."

New York Post columnist Andrea Peyser, who  once promoted 10,000 Atlantic Yards jobs, wrote a valentine 7/23/12 to Ratner, headlined B’klyn revival’s ringmaster:

The arena will pump 2,000 sorely needed jobs into the economy, putting a dent into Brooklyn’s unemployment, which stood at an unconscionable 10.3 percent in May, compared to 8.2 percent in Manhattan.

And in the Summer 2012 issue of his promotional publication Brooklyn!!, Borough President Marty Markowitz claimed:

Barclays Center is its own economic engine, providing 2,000 full and part-time jobs, plus a shot in the arm to the ancillary businesses around the arena.

However welcome the jobs inside the arena--1240 full-time equivalent, or FTE--and those nearby, the dent has been minor.

A look at the numbers

Let's look at the most recent statistics from the New York State Labor Department.

The Labor Department states:

The data in the table above are not seasonally adjusted, which means they reflect seasonal influences (e.g., holiday and summer hires). Therefore, the most valid comparisons with this type of data are year-to-year comparisons of the same month; for example, March 2012 versus March 2013.

So there's an improvement between March  2012 and March 2013, from 10% to 9.2%, but it would be tough to attribute it to the arena, given that the percentage change from March 2012 to February 2012 was nil.

Even if the numbers in the Employed" category seem off--shouldn't there be fewer employed in February 2013 than March 2013?--this much is clear: with more than 1 million Brooklynites employed, and more than 100,000 unemployed, the addition of 1,240 FTE jobs, especially given that all but 105 come without benefits, cannot make a dent. Maybe a tiny indentation.

A retail wave

There are some clear winners: commercial property owners nearby who've seen the value of their property rise and/or the rents they command rocket.

The Real Deal reported 2/7/13 Thor Equities pays $23M for Barclays-adjacent properties:

Joe Sitt’s Thor Equities closed late last week on a residential and retail portfolio adjacent to the Barclays Center in Brooklyn for $23 million in an off-market transaction,The Real Deal has learned.
The mixed-use development, known as Atlantic Gardens, consists of 24 rental units and nine retail shops along Atlantic between Third and Fourth avenues, seller Bennat Berger of BCB Properties told TRD. BCB and Arik Lifshitz of DSA Management had purchased the assets, 525-541 Atlantic Avenue, for $10.93 million just two years before, according to city records, but Berger said the actual price was closer to $11.25 million.
...Sitt plans to “reposition” the retail, Berger said.

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At community meeting, officials from FCR and agencies say arena operations improve; complaints continue about illegal parking, noise, and operation of "pad" next to loading dock

Last night, in the first Atlantic Yards Quality of Life Committee meeting in three months (previous), Barclays Center operators and public officials stressed that they're doing better to minimize community impacts of the arena, while neighbors still registered frustration about arena noise, garbage, idling buses, and illegal parking.

Illegal parking and idling represents the large majority of summonses and 311 complaints related to the arena, police reported.

As for rumbling bass leaking from the arena, which was audible/palpable even last night after the meeting, operators said they were being "vigilant" and aiming to improve, though without offering specifics.

Police update

Deputy Inspector Michael Ameri of the 78th Precinct said crime is down in the area, and “we're headed in the right direction.”

Some at the meeting, held at the YWCA on Atlantic and Third avenues, still expressed frustration. One reported that residents of Pacific Street between Flatbush and Fourth Avenues, as well as users of the Brooklyn Bear’s Community Garden, “are still experiencing same problems,” including urination, dumping of trash, people vomiting, and “tons of liquor bottles.”

Ameri said “we dont have an officer assigned to one block” but do have personnel to respond to complaints and enforce quality of life issues--and that he hadn’t been informed of such complaints via 311 or Atlantic Yards Watch. (A complaint was posted yesterday,)

In the past three months since the last committee meeting, he said, of the nearly 250 arena-related calls to 311, there was one complaint related to urination, 175 illegal parking, four traffic, 29 street noise, and 49 commercial noise.

Terence Kelly, the Barclays Center’s Community Relations Manager, said the arena can ensure that its security officer posted nearby the Pacific Street corner keeps watch.

Parking

One resident thanked the NYPD for stepping up to “significantly” reduce the number of cars idling and double-parking on Fourth Avenue below the arena.

Over the past three months, Ameri said police wrote 600 parking summons, seized merchandise from 21 illegal vendors, issued 20 alcohol-related summonses, 25 vending summonses, and 15 summonses for scalping.

(Clearly, there’s an opportunity for more. In a ten-minute walk on and around the arena plaza after the meeting, I encountered 13 scalpers.)

Ameri added that the Taxi and Limousine Commission issued 71 summonses for violations.

Black cars and limos

Ameri said increased enforcement and community pressure “ has minimized the black car issue,” though not everyone agreed.

Given that concerts attracting older audiences seem to present the worst situations, a resident asked, is anything special planned for the upcoming Paul McCartney concerts?

“We think the operation systems that have been in place and we are continuing to refine are working extremely well, even for [events with a] very high auto share,” Forest City Ratner executive Jane Marshall said. “We're not planning to do anything special but be vigilant.”

Erika Clark, a Park Slope resident who lives at Sterling Place and Fifth Avenue, said police were “doing fairly well” chasing vehicles out of the blocks nearest the arena, “but you’re chasing them further away.” Clark, an officer in the 78th Precinct Community Council, said she observed illegal parking in a bus stop and in the nearby Key Food lot.

Study of black cars

Peter Krashes of the Dean Street Block Association asked if an upcoming post-opening study of arena operations  would analyze the role of limos and black cars.

Marshall said the surveys by consultant Sam Schwartz analyzed transportation to Nets games, “which is what we're evaluated on”, per the Final Environmental Impact Statement. That discounts the one-off events, like the Barbara Streisand and Andrea Bocelli concerts, that brought an older, wealthier crowd more dependent on autos.

Arena noise

Residents have complained about feeling/hearing noise in their residences from bass-heavy acts like Jay-Z, Sensation, and Swedish House Mafia.

“We are aware of complaints of ambient sound coming from the arena,” Forest City Chief of Staff Ashley Cotton said. “Everybody may know we've also been issued a violation and also paid a [$3200] fine [for Swedish House Mafia]... This is something we are going to be vigilant about and get better on; we are not interested in having any more violations.”

Arana Hankin, Director, Atlantic Yards Project, for Empire State Development, noted that the city Department of Environmental Protection was to be out later that evening, testing for sound at two locations. (I walked by the arena at 8:45 pm after the meeting and on three separate sidewalks on the perimeter could feel/hear the rumble from Rihanna’s opening act.)

Krashes asked Forest City if they could write contract language with concert acts stipulating sound limits.

“The update I gave is pretty much the best I update can give,” Cotton responded. “It's certainly at the top of our attention, and certainly something that we do not want to happen again. so we have our eyes and ears on it.”

Is there a timetable, Krashes asked.

“Obviously, there's a real incentive, they're building a tower” next door, said Hankin, whose agency officially oversees Atlantic Yards while also aiming to further economic development.

“The tower won't be done for year and a half,” Krashes said, noting there would be many events before then.

“They're working diligently to solve the problem,” Hankin responded, shutting down the issue.

The loading dock

Regarding the arena loading dock, which periodically has trucks lined up outside on Dean Street, “I do believe the situation has improved dramatically,” Hankin declared.

Kelly said reports from neighbors have been very helpful in improving procedures, and arena operators feel comfortable, even with a construction fence up for B2 work . “Our security officers have been empowered to move people off the block,” he said, and the delivery schedule has improved.

“As a start up,” he said, using a formulation suggesting they deserve some slack, “we're still seven months out... we’re learning the challenges that exist, and we’re improving every single day.”

The adjacent pad

Krashes pointed to the pad--the strip of parking next to the loading dock and screened off from the bicycle parking area (which itself is the site for a future tower).

Since the last meeting, he said, the pad had been used as a stable for the circus, a holding area for not just NBA tour buses but virtually every performer, “including Rihanna, which was idling.” What, he asked, are the proper functions?

“The pad, we have allowed, as the landlord, the operators of the arena to use the pad for parking,” Hankin responded, alluding to an issue that (as far as I know) did not surface during the project's environmental review. “Idling is not allowed, not tolerated... but the pad can be used for parking vehicles. The alternative would be for those vehicles to be staged on the street in front of arena.”

“What vehicles?” asked Krashes in his insistent but low-key manner. “Originally, we were never told this was going to exist. Then we were told, okay, it would be NBA tour buses... Now we hear it’s used for VIPs.”

“Tell me what the issue is, with cars parking there,” Hankin asked. “If they're not idling, what is the issue.”

Krashes said headlights pointed toward residences across Dean Street.

“They lights should not be on,” Hankin responded. “They should not be on.”

Krashes said vehicles were parking on the sidewalk itself last Saturday.

“Parking on the sidewalk is not allowed,” Hankin responded.

“Trailers with people living in them,” Krashes continued.

Marshall explained that, with the circus, “horse mongers, they had their vehicles.”

Newswalk resident Wayne Bailey said “the generators were running constantly” and that the people staying in trailers would exit at night, and “they’re in the neighborhood.”

“I view the generators as an issue,” Hankin allowed.

Cotton asked if the generators were attached to tour buses or trailers?

Bailey said he wasn’t sure, but they could be heard.

Kelley suggested that arena HVAC has vents that make a similar sound and the arena provides juice to the trucks. “Generators are not tolerated,” he said. “If we see bad behavior, we stop it.”

Krashes added that vehicles backing up also beep loudly.

Hankin repeated that vehicles are allowed to park on the pad, as long as they’re not idling, with lights on, or obstructing the sidewalk:. “The alternative would be to have those trucks staged in front of the loading dock on Dean Street. It’s our preference to keep the roadways, bike lanes, and sidewalks clear.”

“The alternative is the Navy Yard,” Krashes responded.

“Unfortunately, it’s not possible,” Hankin said, citing security checks. “To get trucks into the loading dock, there has to be a staging area. We’ve allowed that use as the landlord.”

“Is the Navy Yard used?” Krashes asked. (It was long promised as a staging area.)

“Yes,” responded Forest City’s Cotton. (Last September, she said there's “no reason there should be a queue of trucks... any staging that needs to be done will be done at the Brooklyn Navy Yard.")

Jim Vogel, a Pacific Street resident and aide to Sen. Velmanette Montgomery, asked sharply, “So the state, as landlord, has changed terms, without letting the community know until this moment.”

“That's not true,” responded Hankin.

“That's the first I've heard of it,” Vogel said, citing assent from others in the room. “We're being told that pad is necessary because the walkie talkie distribution that we were guaranteed that would allow only one truck to get on there to go in, that’s been suspended”--Cotton and Marshall shook their heads in disagreement--”and we’re being told that, when it’s necessary, people can actually live in trailers.”

“This is the first I’m hearing about people living in trailers,” Hankin said.

Bailey noted it was posted on Atlantic Yards Watch.

“I read 90 percent” of Atlantic Yards Watch, Hankin said, but “must have missed that.” She said she’d look into it.

Also, as reported on Atlantic Yards Watch, buses associated with the Rihanna tour recently ran generators and parked in a "No standing" zone on Pacific Street east of Sixth Avenue.

TEAs and ped monitors

Some residents observed that there were fewer city Traffic Enforcement Agents (TEAs) than several months ago.

Marshall noted that Forest City was no longer paying for such TEAs to mitigate construction impacts, as was done during arena construction, but does pay for event-related TEAs (as well as private pedestrian monitors).

Krashes asked about the length of the contract terms.

Marshall wouldn’t specify: “we are going to have those services that we need to, to operate the venue, so it doesn't really matter, the detail of the contract.”

Krashes said he’d heard there was a two-month contract for the pedestrian monitors.

“Peter, we have extended the contract,” Marshall replied a bit sharply. “We will continue to do what is right, which is to have those services provided... for the events.”

“That is correct,” chorused Hankin. “It’ll be extended as needed.”

Signage to parking

Some at the meeting, noting they’ve waited for hours to find parking near their homes, asked why there’s no signage directing patrons to the arena parking lot at the southeast corner of Atlantic Yards site.

Chris Hrones of the Department of Transportation said “trailblazing signage” could open a Pandora's box to signage for other parking lots and trip generators.

How long will that parking lot last. “As soon as we start to develop Block 1129, it starts to go away,” Marshall said. (Parking would then move underground.)

Hankin noted there’s no timetable, because a Supplementary Environmental Impact Statement (SEIS) regarding Phase 2 must first be completed.

Signage on Dean Street

Hrones said a sign had been placed on Dean Street advising trucks with non-local deliveries to turn left at Sixth Avenue to the Atlantic Avenue truck route rather than continue down a residential street.

“Peter [Krashes] made a persuasive argument that actual placement was not optimal,” he said, so DOT is looking to move it.

Trucks on Pacific Street

A resident of Pacific between Fourth and Flatbush said trucks ignore signage and constantly turn up Pacific Street

Others said tour buses also drive on that street.

Ameri said, “I'll take a look at it.”

Construction: railyard work

Marshall said that the pile drilling at the Vanderbilt Yard is accompanied by shoring up of the retaining wall on Pacific Street between Sixth and Carlton avenues. The pile drilling is scheduled to be done by October, and might finish earlier, if no problems.

Vibration monitors are set up across the street at the Newswalk condos, she said, and no readings have exceeded the allowable thresholds.

Then again, a Dean Street resident reported dismay on Atlantic Yards Watch:

“I have experienced severe vibrations in our building caused by the work they are doing on Pacific. I have actually gone outside during the vibrations to see the cause, and it appears that the vibrations occur when they are using the large drill-like machine on Pacific that is shoring up the wall. These vibrations are occurring every day, sometimes for minutes at a time. I am concerned that these vibrations are causing structural issues with our building and the building around us.”

Construction update: B2 residential tower

Marshall said excavation for the B2 tower at Dean Street and Flatbush Avenue is basically finished, with the foundation under way. The factory at the Navy Yard set up to produce “mods”--the shipping container-sized modules will be building components--is still being fit out, in part, but already beginning production.

The mods, she said, would likely be delivered to the site later in the summer rather than earlier, as previously anticipated, but that shouldn’t affect the building’s opening date, still expected to be August 2014.

In 2014, the New York City Housing Development Corporation will run the lottery for the 181 subsidized units. (Access should be via NYC Housing Connect.)

Mutual Housing Association of New York, an ACORN successor, will be Forest City’s partner in marketing the housing. (Half the affordable units will be reserved for residents of Community Boards 2, 3, 6, and 8.)

Noise on the plaza

Vogel asked about electronically-amplified events, including pep rallies, recently held on the arena plaza: "That ain't cool, and I don't think it's even legal."

Cotton said they'd gotten sound permits. Ameri said the times were "relatively early," such as 7 pm, and there had been no previous complaints.

Oculus issue

Flashing ads in the oculus are still causing concerns. One resident said her neighbor mentioned the oculus had not been turned off at night--a problem that occurred in the early weeks. Kelly said that internal monitors did not indicate that the problem had recurred.

Clark said that, in her fifth floor apartment, with a clear visual path to the arena several blocks away, the flashing ads were visible: “I had people over, and somebody jumped” in reaction to the ads.

Arena-goers lining up on the street 

Before the recent Green Day concert and other general admission events, with no reserved seatings, attendees formed queues going east of the Atlantic Avenue entrance, wrapping around to Sixth Avenue.

Kelly said that, going forward, people would line up east to west stretching toward the arena plaza.

Building a new railyard

Though Forest City has acknowledged, in standard risk disclosures, the possibility of not building a permanent railyard by 2016, both the developer and the state agency overseeing the process said they were committed to doing so.

“The developer's committed to building a permanent railyard by 2016, and expanding the sidewalk, and that's their intention,” declared Hankin assertively. “That’s what’s going to happen... There’s no more to be said on this topic.”

SEIS timetable

Krashes asked for a timetable regarding the Supplementary Environmental Impact Statement (SEIS).

Hankin said she couldn’t predict when the Final Scope--which will be revised based on comments at a February public hearing--would be issued but hoped for the “near future... We're moving diligently an expeditiously to finalize the SEIS as quickly as possible.”

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Barclays Center agrees to pay $3200 fine for bass leakage into neighborhood from Swedish House Mafia show; sound was twice as loud as allowed

After six months of periodic complaints that the Barclays Center was operating as a neighborhood sub-woofer, sending bass rumbling into apartments blocks away, the arena yesterday finally paid a fine.

Two potential fines for noise violations during the Sensation show in October had been dismissed on technicalities, but an arena official yesterday agreed to pay $3200 for a reading twice the allowable limits during the 3/2/13 Swedish House Mafia show.

In a very brief hearing before the city's Environmental Control Board, Administrative Law Judge Scott Kegelman read the content of the violation at right, then asked a Department of Environmental Protection (DEP) lawyer if there was a stipulation.

Yes, the lawyer said, "in the amount of $3200."

"Accepted?" asked Kegelman of Jeffrey Gewirtz, the Barclays Center's Chief Legal Officer.

"Yes," responded Gewirtz.

"No defense claimed?" asked Kegelman.

"No defense," confirmed Gewirtz.

While Kegelman was seemingly asking about a procedural issue--would the arena offer any counter-evidence?--his question also brought up whether the Barclays Center could justify the bass leakage from bottom-heavy shows beginning with the Jay-Z concerts that opened the arena at the end of September.

It hasn't. Barclays Center CEO Brett Yormark, responding to my tweet in late October citing ""Loud, wall shaking noise from event" Again? Explanation?, claimed that "we are looking into it and we take the concerns very seriously."

How loud was it?

Note that the reading in the above violation of 55 decibels for low frequency noise (bass) is not simply 22% greater than the allowable limit of 45 decibels.

(The reading was taken inside the Newswalk condominium on Pacific Street a half block east of the arena. In the image at right, Newswalk is outlined in red. Note that no other building besides the arena has been constructed, and the arena as built is smaller, and shifted slightly farther away from Sixth Avenue compared to the image.) 

A 10 decibel increase is about twice as loud as permitted. Similarly, the proposed Sensation violation, though ultimately dismissed, appeared twice as loud as permitted.

The Swedish House Mafia concerts, over three days, were each quite noisy. On 3/3/13, one resident wrote, "More bass from tonight's concert. Seems to be louder than last night."

Another affirmed, "Even louder than yesterdays concert." Another asked, "Why can’t the city do something NOW to shut this down?"

But complaints had surfaced much earlier. As one resident wrote 10/1/12 on Atlantic Yards Watch, "The concert last night was clearly audible from inside my apartment, even with the windows closed."

Even New York Times architecture critic Michael Kimmelman, in his 11/1/13 review of the arena, wrote, "The sound system needs adjusting, and alarming reports have surfaced via the local watchdog-blogger Norman Oder from neighbors complaining about noise and vibrations."

Can fines stop noise? Or something else?

The adjustment hasn't happened yet. For a neighborhood bar, a $3200 fine for a noise violation can cause pocketbook pain. For an arena earning millions from concerts tickets and concessions, it may be the cost of doing business, especially if they can fend off some fines with procedural arguments.

Does the DEP have the capacity to increase penalties to deter future noise violations from the arena? I understand that it does, though I couldn't get any elaboration from the agency late yesterday.

What about arena developer and chief operator Forest City Ratner? While representatives have announced unspecified efforts to ameliorate the situation, they didn't get back to me late yesterday. The issue should be raised at the next Atlantic Yards Quality of Life meeting, Tuesday, May 7.

Still, they have strong business reasons to get things fixed. Forget mollifying neighbors down the block. The first Atlantic Yards apartment tower, B2, opens in August 2014, built flush against the arena. It would be hard to rent market-rate units when there's boom-boom in the living room.

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Only a segment of bars/restaurants near arena seem to benefit from Nets fans

From Prospect Heights Patch, Few Barclays-Area Eateries See Bump from Nets Games: Restaurants with the right location and menu have benefitted greatly from the NBA team's move to Brooklyn. But most report no change.:

Brooklyn Nets fans poured into Prospect Heights Monday night for the second game of the NBA playoffs, but most didn’t stop by area businesses on their way into the arena.
The promise of an influx of hungry ticket holders was part of the argument arena proponents used to push for the Barclays Center. And before concerts the new customers have materialized with restaurants as far away as Clinton Hill and Carroll Gardens reporting a bump in diners.
But the picture is different on Nets game nights when only a selection of large sports bars and a handful of casual restaurants near the arena say they’re seeing an influx of Nets fans.

This is consistent with previous reports; I'd note that a promised cross-marketing program doesn't seem fully launched, with information on the arena app but not website. After all, there's a tension between promoting area businesses and keeping the food and drink traffic in-house.

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Next Atlantic Yards Quality of Life Committee meeting: May 7

I can't say that the mention in this blog this morning started the process, but after asking publicly about the next Atlantic Yards Quality of Life Committee meeting, I later got a group message from Derek Lynch of Empire State Development, the state agency overseeing Atlantic Yards, announcing that the meeting would be May 7.

That marks a three-month gap, rather than the previously committed bimonthly schedule.

The message

To members of the Atlantic Yards Quality of Life Committee,

The next Quality of Life Committee meeting will be held on:
Tuesday, May 7th, 2013
@ 6:30pm
YWCA Community Room
30 3rd Avenue
Brooklyn, NY, 11217 

This meeting is a forum for representatives from the community and civic groups to engage Empire State Development, Forest City Ratner Companies and Barclays Center operators regarding issues affecting the quality of life for residents and businesses in close proximity to the arena.
Please remember to designate only 1 representative from your organization to directly participate and RSVP that individual’s name and contact information to me, Derek Lynch, at dlynch@esd.ny.gov.
In addition, please email me items that you would like to see discussed at the next meeting by Friday, May 3rd.

What should be on the agenda? Surely more discussion of vehicles parking and idling on streets near the arena, but also other issues, such as episodes of bass leaking from the arena. And likely there will be some discussion of the potential impact of a proposed Business Improvement District.

The meeting is open to the public and press for observation but those participating must be designated from invited groups.

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Outside the Barclays Center on the second night of playoffs: limos in "No Standing" zone, fans mostly subdued, parking and garbage problems

I stopped by the Barclays Center last night in the middle of the fourth quarter, during the second game of the Brooklyn Nets' first-ever playoff series, in which the team, after winning handily in the first game, lost 90-82 to the tough Chicago Bulls.

Though the Nets had a chance to win--assuming some quick three-point shots--and came as close as four points with four minutes left, attendees were trickling out steadily from the middle of the quarter, some with kids on a school night, others wanting to get the jump on transportation.

Two sections of the stairs to the transit hub were roped off, in an effort to slow the crowd from going downstairs. Drivers surely wanted to avoid traffic jams. Other fans streamed out with a minute or two to go, obviously (and accurately) not expecting a miracle.

From the arena plaza, you can see part of the scoreboard, but you can't see the score unless you're standing right up against the doors.

Outside the arena



As noted on Atlantic Yards Watch and in the video below that I shot, limos line up on the north side of Atlantic Avenue in the lay-by lane to wait for pick-ups. That violates a clear "no standing" zone rule and, while it's surely helpful for the VIPs lucky enough to have their vehicle among the few waiting, it penalizes others who exit the building faster.

Fans orderly, but...

I watched the crowd exit from the back of the arena on Dean Street; they were fairly subdued, neither cheering boisterously (it was a loss, after all) nor talking loudly. (The loudest group I heard were a couple of guys shouting as they exited the Q train I was on several stops into Brooklyn.)

As they exited, attendees competed with valet parking vehicles exiting from the loading dock and the adjacent above-ground Pad.

I followed the group heading to Pacific Street and immediately encountered two fans (in Nets hats) relieving themselves against the wall of a warehouse building immediately east of Sixth Avenue. They proceeded to the Newswalk parking garage two doors down to pick up their vehicle.

Continued impacts

An Atlantic Yards Watch contributor reports Illegal parking and idling at all the usual spots on 5th Avenue etc., below Flatbush Avenue (where I didn't go).

Another noted that a "pile of 20 or 30 bags of garbage has been in the satellite uplink parking lot (at the northeast corner of Sixth Avenue and Dean Street] since at least Saturday." (See photo at right.) That's next to a residence.

A dissent on the food

While reviews of the arena food have been mostly positive, the Village Voice's Robert Sietsema, who focused on one vendor, disagrees strenuously, in Food at Barclays Fatty 'Cue is Really, Really Terrible.

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When's the next Atlantic Yards Quality of Life meeting? As of yet, no answer.

The Atlantic Yards Quality of Life Committee, which allows neighborhood groups to bring concerns regarding project-related impacts, is supposed to be meet bi-monthly. The last meeting was on February 7.

On April 15, I asked Derek Lynch of Empire State Development, the state agency overseeing Atlantic Yards and coordinating the meetings, when the next one was scheduled. No response so far.

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During "Blackout in Brooklyn," the usual illegal parking and idling in the streets around Barclays Center; Pad packed with parking, idling

So, there was a frenzy inside the Barclays Center Saturday night for the first Brooklyn Nets playoff game. What about outside? As reported on Atlantic Yards Watch, there were numerous cars and limos parking or idling illegally, as well as dubious use of the "Pad" outside the loading dock on Dean Street between Flatbush and Sixth avenues for idling and parking.

The total: 64 potential violations, 10 for idling, and 45 for illegal parking.

Atlantic Yards Watch's Peter Krashes summarized it as Some changes in limo behavior emerge but illegal parking and idling violations continue and provided the video below of a bus and limo idling in a bus stop on Atlantic Avenue.



AYW's summary:

Notably not a single black limo was parked in the official location designated by the Department of Transportation for TLC parking on the south side of Atlantic Avenue from 6th Avenue to Carlton Avenue. ...
The changes to black limo behavior were largely on the north side of Barclays Center. The lay-by lane on the south side of Atlantic Avenue was full from Fort Greene Place to 6th Avenue a few minutes before the end of the game. This makes sense because of the VIP exit nearby, and the many exits of the arena lining Atlantic Avenue. The north side of Atlantic Avenue from Fort Greene Place to South Portland Avenue, formerly filled with city employee cars and private cars, was largely filled with black limos and/or private cars with drivers this time around. And the dispatcher for the car service stand on Fort Greene Place stated that his cars were for both the mall and the arena.

Illegal idling/parking

One post, concerning vehicles in and around Fifth Avenue below Flatbush Avenue south of the anrea, is labeled Illegal parking and idling at all the usual spots on 5th Avenue etc. 15 cars tonight in one 15 minute period. A couple were ultimately ticketed, while a cop and a traffic enforcement agent (TEA) promised to move others, though the TEA "said that they always come back"--even to a bus stop.

Another post, focused on locations north and east of the arena, is titled Illegal parking and idling violations continue; some enforcement evident. One driver had an "ambulance service" placard, though he acknowledged he was there for the arena,

Other had a placards saying "Federal Law Enforcement" or a Police Department restricted parking permit, both legal if on official business. But a private vehicle with "NYC PBA"(Police Benevolent Association) is not actually legal.

At a bus stop on Atlantic Avenue east of the arena, a limo was next to an idling bus; their drivers claimed they'd been told by cops to park there, despite an official area across the street.

What about the Pad?

As explained in Equipment bus idles on Pad; valet parking for coaches and staff, a staff member acknowledged that a bus had been idling illegally for at least 40 minutes, and the rest of the cars outside were used for valet parking, for people such as coaches and supervisors.

Not everyone could fit.

As shown in the photo at right, a BMW with New Jersey plates was parked in satellite uplink parking lot across Sixth Avenue just north of Dean Street. Given that the car had been parked in the Pad, it apparently got nudged out by others with better timing and/or higher priority.

The Pad (see video here)--just east of the arena and separated from the Building 3 by a fence--was never announced or described as a parking area.

Then again, as once driver who works for an NBA player explained, most arenas have designated parking for players inside the facility, and that some 30 VIP vehicles (players, families of players, owners, staff) park inside the arena, entering through the loading dock and going downstairs. The spillover goes to the Pad--or, apparently, across the street.

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From the latest Atlantic Yards Construction Alert: pile drilling at railyard was delayed, to start this week

The latest two-week Atlantic Yards Construction Alert, dated 4/15/13 and issued today by Empire State Development after preparation by developer Forest City Ratner, has one intriguing piece of news: planned pile drilling at the Vanderbilt Yard, a likely loud and intrusive process for neighbors on or near Pacific Street between Carlton and Vanderbilt Avenues, has been delayed--but should start this week:

The drill rig components have arrived and are being assembled. Actual pile drilling along and outside the south wall to the yards is now anticipated to begin during the week of 4/15th and continue for several months. Equipment issues caused a delay in the previously anticipated start of pile drilling during the week of 4/8th.

Atlantic Yards Construction Alert 4-15-2013

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Will Barclays Center be fined for noise violation from pounding bass? A hearing is tomorrow

Click to enlarge

So, will the Barclays Center be fined $3200 for violating the city's noise code, as seemed obvious to many residents nearby the arena during the Sensation dance concerts last October?

After all, the city's Department of Environmental Protection took a reading that seemed to indicate the noise was way over permissible limits--and filed a notice of violation. (The agency did not, however, find violations, despite reports of leaking bass, during the Jay-Z concerts in late September and early October nor during the Green Day concert last week, despite a neighbor's report.)

Hearing tomorrow

A hearing on the proposed violation was scheduled for 4/2/13; while the parties did attend, a lawyer for the Barclays Center challenged a technicality in the notice of violation, and the hearing was rescheduled for tomorrow, 4/16/13, 1:30 pm, at the Environmental Control Board (ECB), 66 John Street, 10th Floor, in Lower Manhattan.

I've heard that fines for first offenses are often waived, but ECB spokeswoman Marisa Senigo said that "ECB judges are independent decision makers and there is no way to measure, nor does ECB track, what would be a 'typical' decision by an administrative law judge in any particular type of case."

An office, not a courtroom

The hearing room two weeks ago was a small office barely enough to fit the six participants and observers. What if more people attend?

"We would do our best to accommodate all members of the public who would like to attend (for example by choosing the largest room we have or perhaps one at the end of a hallway where people could sit outside the room) but of course, I cannot promise that there will be space for everyone," Senigo said.

She noted that the administrative law judge does not issue the decision on the day of hearing and members of the public can only observe, not participate.

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Not quite as promised: delayed buildout was supposed to mean arena block amenities at sites for B3 and B4

Also see how the scoreboard can barely be seen from the plaza and roof signage is actually visible from the street.

Yesterday I wrote how the promised greenmarkets and holiday fairs at the Barclays Center plaza have not materialized.

Some other promises for interim uses of open space have not yet panned out, either. As Empire State Development, the state agency overseeing Atlantic Yards, stated in a June 2009 Technical Memorandum regarding the potential for a delayed buildout:

Temporary open space and public amenity use such as retail kiosks, landscaped seating areas, and plantings would be provided on the building footprints not under development, particularly Buildings 3 and 4. These amenities would enliven the street-level environment and provide a buffer between the arena and residential district to the south.

Those are the building sites located, respectively, at Sixth Avenue, and Dean Street and Sixth and Atlantic Avenues.

At the first site, developer Forest City Ratner has provided greenery, an art-screened fence, and bicycle racks, but no more. At the second, until last month it was the storage site for construction trailers.

The official promise

According to the December 2009 Memorandum of Environmental Commitments:

In the event FCRC does not expect to commence construction of a particular portion of the Project site or to use such portion of the Project site for interim parking facilities or construction-related activities, including staging, in each case for a period of time to be set forth in the Project Documentation, then such portion of the project site shall be used as publicly accessible temporary open space, subject to safety and security requirements. FCRC shall improve and develop areas to be used as publicly accessible interim open space in accordance with a design and program subject to the approval of ESDC (which is not to be unreasonably withheld), and such open space on the Arena Block shall include amenities such as kiosks, seating areas and landscaping. FCRC shall thereafter operate and maintain such interim public open space in good and clean condition until the property is needed for construction of the Project.

Well, there's landscaping. And the document did give Forest City an out as long as the space was used for "construction-related activities."

But we've yet to see amenities that "would enliven the street-level environment and provide a buffer between the arena and residential district to the south."

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Outside Barclays Center, Green Day fans huddle on sidewalk, narrowing already limited path

There's a Green Day concert tonight at the Barclays Center, and fans gathered five hours early to plant themselves on the sidewalk outside the Barclays Center near the Atlantic Avenue entrance, and snaking back and around to Sixth Avenue.

 Arena operators even put up metal fencing to separate them from passers-by.

The only problem: the sidewalk is already very narrow, with an effective width of less than four feet, leaving clearance for just a couple of people. Given bollards and a hydrant, some pedestrians, as shown in the screenshot at left and videos below, had to walk in the street.

That's not so safe, given that Atlantic Avenue can have a lot of traffic, such as the limo driving east in the screenshot at right.

Moreover, arena developer Forest City Ratner has got to feel relief that there's no tower yet at the corner of Atlantic and Sixth avenues.

After all, the arena-goers are sitting right outside what is supposed to be a private residence. At some point, the residents, especially those paying market rates, are going to be peeved. That's another problem to solve, along with the leaking bass from the arena.

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Coming to Atlantic Terrace, across from the arena: Tony Roma's

Photo via TonyRomasNY Twitter account

It's not the Hooters some feared, but Tony Roma's, a chain restaurant/bar known for ribs/seafood/steaks is indeed moving into the ground-floor retail space in the Atlantic Terrace building, catercorner to the arena block to the northeast.

As DNAinfo reported, neighbors upstairs aren't happy about the move, expected in September.

They say that the building manager/developer, the Fifth Avenue Committee, told them the restaurant would serve liquor only until 1 am, rather than the 2 am license for which it applied--and which the Community Board so far supports.

It's understandable why they'd want to be open that late, on a major corridor across from the arena. But a building of similar size in a less advantageous location wouldn't be getting a national chain, either.

This is but one of several major changes expected in the blocks closest to the arena. For example, a Shake Shack is coming to Flatbush Avenue on the south side of the arena, while the occupant of the building previously occupied by Triangle Sports, at Flatbush and Fifth avenues, hasn't been announced.

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From the latest Atlantic Yards Construction Alert: pile drilling at railyard to begin next Monday; noise barrier installation not yet complete

According to the latest two-week Atlantic Yards Construction Alert, dated 4/1-13 and released today by Empire State Development after preparation by developer Forest City Ratner, there will be continued site excavation at the site of the B2 modular tower, resulting in the use of 4-8 dump trucks per day, with each taking three round trips.

Drilling of support of excavation piles is expected to begin the week of 4/8/2013, which means a slight delay, as it was supposed to begin 3/25/13.

Along Pacific Street, according to the alert, "[n]oise barrier installation, hydrant relocation and lighting relocation have yet to be completed."

The MPT [maintenance and protection of traffic] for the work is projected to be in place for about eight months.

As seen in the photo at right, the equipment has arrived.

Atlantic Yards Construction Alert 4-1-2013

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Flatbush avenue's Vegetarian Palate to move: arena-goers affected takeout business

From the Brooklyn Paper's Eastbound and up: Prospect Heights businesses are on the move:

“Rent over here is much higher,” said Ronald Wong, the owner of Vegetarian Palate, which will end its 11-year stay on Flatbush Avenue to move to Washington Avenue in early summer as the landlord converts the old building into condos. “It has to do with the Barclays Center. Since it opened, it has affected our dining and business.”

Wong says his brisk takeout business suffered as arena-goers started parking on the block during events and parking enforcement officers increased their vigilance — with no real uptick in orders from stadium attendees.

Well, it sounds like the restaurant would be moving anyway, given the landlord's decision, but it is notable that a restaurant geared to locals would be affected by arena crowds. Some restaurants or bars manage to attract a mixed crowd, but a Chinese vegetarian restaurant is not likely to be among them.

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How to fill the NYPD's (alleged) summons quota, easy: crack down on vehicles in streets outside the Barclays Center

From a 3/21/13 New York Times article headlined Stop-and-Frisk Trial Turns to Claim of Arrest Quotas:

In one recording, a man identified by Officer [Adhyl] Polanco as Angel Herran, who was a delegate in the 41st Precinct at the time, could be heard trying to convince officers that it was not unreasonable to be expected to write tickets.

“You have to show something,” he said. “You’re a police officer.”

“You mean to tell me,” he asked, that during a month of work “you haven’t seen any violations on parking, any violation, and any kind of arrest?”

This is head-spinning stuff. If the NYPD truly wants to find violations, they can harvest low-hanging fruit on the streets near the Barclays Center arena around the time of events.

For months, that wasn't a priority for the 78th Precinct, though anecdotal reports suggest they have gotten tougher, for example ticketing two sedans parked in a No Standing zone on 3/21/13. That said, Atlantic Yards Watch provides a regular compendium of incidents.

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What's going on at the northeast corner of the arena block? The removal of construction trailers means...

A reader asked me what was going on with the removal of below-grade construction trailers this week at the northeast corner of the arena block.



There was no explanation, but it's safe to assume that, with the near-completion of the arena, those construction trailers were unnecessary/redundant. There are no plans yet to build on that site, aka B4.

It is slated to the the third of the modular residential buildings around the arena--first, the 32-story B2, which began construction in December at the corner of Flatbush Avenue and Dean Street, then the somewhat shorter B3 at the northwest corner of Sixth Avenue and Dean, then B4 (about 50 stories) at the southwest corner of Sixth and Atlantic Avenue.

I think it's safe to assume that the developer want to make sure they can get the first two buildings right before trying one that's much larger. B3 is supposed to start six to nine months after first is completed (which should be mid/late 2014), and third building on the same schedule, so that suggests an early 2016 start for B4. But nothing with Atlantic Yardsis predictable.

I assume the removal of the construction trailers will be discussed at a future public meeting, such as the next Atlantic Yards Quality of Life meeting, likely in late April.

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