FILED: KINGS COUNTY CLERK 06/09/2016 02:47 PM INDEX NO. 506046/2016 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/09/2016 STATE OF NEW YORK SUPREME COURT : COUNTY OF KINGS IN THE MATTER OF THE APPLICATION OF MARSHA RIMLER, Individually and as President of LOVE BROOKLYN LIBRARIES, INC.; ALAN KAUFMAN-NUZZI; SHEPPARD PETERSON; and MARTA RAMOS Petitioners, For a Judgment Pursuant to Article 78 of the New York Civil Practice Laws and Rules AFFIDAVIT vs. Index No. 506046/2016 (Jimenez-Salta, J.) THE CITY OF NEW YORK; THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION; THE NEW YORK CITY DEPARTMENT OF CITY WIDE ADMINISTRATIVE SERVICES; THE BROOKLYN PUBLIC LIBRARY; SAINT ANN S SCHOOL; OUR LADY OF LEBANON MARONITE CATHOLIC CHURCH; BROOKLYN BOROUGH BOARD; AND CADMAN ASSOCIATES LLC Respondents. STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) RICHARD J. LIPPES, ESQ., being duly sworn, deposes and says: 1. I am an attorney licensed to practice law in the State of New York, and I represent the Petitioners herein. 2. Besides being the lawyer for the Petitioners, I have significant expertise in the area of Historic Preservation Law. 3. I have taught a course in historic preservation in the School of Architecture and Planning at the State University of New York at Buffalo. I have also taught a course in Historic Preservation Law at the University Of Buffalo Law School for a number of years. I also teach a 1 1 of 5
course in pollution control at the SUNY Buffalo Law School. In both of these courses, I teach the application of the New York State Environmental Quality Review Act as it relates to preservation of historic resources, and pollution control. 4. I am also a current member of the Preservation Board of the City of Buffalo, and a past Chairman of the Environmental Management Commission of the City of Buffalo. I am a past President of the Preservation Coalition of Erie County, a board member for the Campaign of Buffalo History, Architectural and Culture, a trustee and member of the Trustees Council of the Preservation League of New York State, and a life trustee of the Buffalo and Erie County Historical Society. Finally I am a past Board member and Chairperson of the New York State Sierra Club (Please see attached hereto as Exhibit A my CV). 5. As can be seen, I have significant expertise in the area of Historic Preservation Law and SEQRA. 6. I have reviewed all of the documents that have been filed in this case concerning the environmental review and purporting to be the Administrative Record, particularly as it relates to the Brooklyn Heights Branch Library. I might add that it appears that the Administrative Record is not complete, since there are no transcripts of the various public hearings held on this project, or written comments received. 7. Nowhere in the various documents filed, is there any discussion concerning the importance of either the architect of the branch library, or the artist that did the stone freezes on the library façade. 8. In determining whether or not there may be significant adverse effects to historic or architectural resources, more than just the name of the architect and artist needs to be discussed in order to meet the hard look standard. 2 2 of 5
9. As indicated in Petitioners Memorandum of Law, the only discussion of the architect and artist was the architect s name and that he was also the architect for the Brooklyn Public Library, and the artist s name, and the name of the artistic freezes. 10. Moreover, it appears that the City of New York will only consider the history of a building in the event that it is listed in the city, state, or federal government as a landmark, or eligible for landmark status by one of these entities. Apparently, if it does not meet one of these criteria, no further consideration needs to be made, and for the reasons that the Brooklyn Heights Branch Library does not meet any of these criteria, apparently the history and the renown of the architect and artist were not considered. 11. Of course, there are numerous buildings and structures within the City of New York that have not yet been surveyed for their historic or architectural importance, and therefore, have not been landmarked or otherwise listed as eligible for landmarking. That does not mean that none of those buildings should be preserved. 12. SEQRA requires, in identifying any significant adverse environmental impacts, particularly where there is a demolition of a building by a noteworthy architect and artist, that the nature of the structure, and the importance of the architect and artist, be fully explored in order to properly identify whether there will be an adverse environmental impact concerning the building demolition. 13. Moreover, the hard look standard requires more than stating the Architects name. Would merely stating the architects name be sufficient if a Frank Loyd Wright building wdere being considered for demolition? 14. Finally, the fact that the lead agency must include a reasoned elaboration for their conclusions in the Negative Declaration, would require that the lead agency state more than just 3 3 of 5
the name of the architect and artist, but would require a reasoned elaboration of why the architect and artist s work is not worthy of preservation. 15. None of the sequential steps of the hard look standard have been met in the instant case. 16. Finally, the fact that the Landmark Preservation Commission accepted the Negative Declaration, does not mean that they reviewed the importance of the architect and artist. 17. Indeed, nowhere in the documents filed with the court, is any indication from the Landmark Preservation Commission that they had specifically reviewed the historic, architectural or artistic importance of the Brooklyn Heights Branch Library. Enclosed please find the only document filed from the Landmark Preservation Commission as Exhibit B. 18. For all of the foregoing reasons, as it relates to whether or not the demolition of the Brooklyn Heights Branch Library would constitute an adverse environmental consequence, neither the Environmental Assessment Form nor the Negative Declaration, or any other documents filed by the Respondents, fulfill the requirements of the hard look standard. Richard J. Lippes, Esq. LIPPES & LIPPES Attorneys for Petitioners 1109 Delaware Avenue Buffalo, New York 14209 (716) 884-4800 rlippes@lippeslaw.com 4 4 of 5
Sworn to before me this 9 th day of June, 2016. /s/ Maria T. Parrilla Notary Public MARIA T. PARRILLA Notary Public, State of New York No. 01PA4891745 Qualified in Erie County My Commission Expires May 4, 2019 5 5 of 5