Responses to the Pier 1 Development Proposal

It was a pleasure to have residents join us in discussing the various designs to the Pier One proposals — and it quickly was apparent that there was no universal acclaim for any one of the proposals.  We appreciated the thoughtful commentary and  input given towards our official response.  Accordingly, we have published that response below.

In addition, we have also posted the letter written by the Park Community Council (PCC), a group of community and civic organizations that started in 1996 with the express purpose of providing regular meetings for community members to constructively dialogue  about issues of concern regarding Brooklyn Bridge Park, with a goal of identifying issues on which a consensus could be reached and advocating for those. The PCC today includes members and residents of Boerum Hill Association, Brooklyn Heights Association, Concord Village Owners Association, DUMBO Neighborhood Alliance, Fulton Ferry Landing Association, Lower Atlantic Ave Development, Brooklyn Boathouse and others.

The third link below is the response made by the Brooklyn Bridge Park Community Advisory Council, which was initiated last year under the auspices of the Park Corporation and elected officials. It has a large and diversified membership comprising 28 organizations and individual contributors, appointed by the local electeds and the Park Corp for the purpose of  providing community input to the Park Corporation on park related issues.

FFLA Response to PIer 1 Proposals

PCC letter re P1 RFP 12-20-11

CAC REPORT ON THE PIER 1 HOTEL

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The Revised DOT proposal for Fulton Ferry Traffic Calming and Two Way Furman Street

On Tuesday, Jan 17th, the City’s Department of Transportation (DOT) made a presentation to the Transportation Committee of Community Board 2 (CB2) which included a slightly revised plan to calm traffic in our neighborhood  incorporating some input from our community meeting in July, as well as additional changes;  its rationale for converting Furman Street into a two way street; and a separate traffic calming plan for Atlantic Ave by Pier 6.   At the bottom of this post you will find DOT’s revised Fulton Ferry plan, some of DOT’s additions, and detailed schematics  of the specifics for Old Fulton St from Furman to Hicks St.

Before and during the meeting, we raised our questions and concerns with DOT, which we share with you below.

 Two-way Furman:

While we still believe that this will increase traffic in our area, particularly in conjunction with the proposed changes at Atlantic Ave, we are  pleased that DOT has agreed to the following mitigations:

Moving the yellow center dividing strip on Furman St so that the west side no longer has three more feet than the east, thus allowing for more generous space for larger vehicles and buses to make the turn at Old Fulton

Expediting the removal of Furman St and Old Fulton St west of Front St from local truck routes, and working with its partner the NYPD to enforce the same.

Creating a “no parking” zone on the south side of Old Fulton adjacent to 8 Old Fulton.

Old Fulton Street Traffic Calming: 

At the suggestion of residents and FFLA, DOT has told the Parks Department  that we have requested that trees be planted on the widened sidewalk on the west side of Front Street, . Ultimately, it will be our responsibility to follow up with Parks on this by officially requesting trees in the spring.

We believe that the B25 bus layover planned for Front St. under the Bridge leaves residents, workers and visitors to DUMBO, Fulton Ferry and the Park short of their destinations and would be better used for residential parking, since we will be losing some spots due to the traffic calming plan.  Moreover, until 2011, this community never had four buses laying over at one time, which we believe may represent an operational failure on the part of NYC Transit and needs to be addressed. DOT’s response is that they feel it is the most central location for a bus drop-off that is in reasonable distance from both destinations and that currently DUMBO riders either have to walk to Old Fulton St to begin their B-25 trip or  get on the bus in DUMBO and then wait through the layover at Everit and Old Fulton St to continue their trip. DOT says it has worked hard to come up with a workable solution and  that it is not its position to question how NYCT runs its operations. Fellow residents: please tell us how you feel about this, remembering that the line will still start at Everit Street, but end at Front St. 

A group of our residents worked hard in the fall to prune, weed and clean up the islands on Old Fulton by Front St. to open the sightlines for pedestrians and vehicles, and we have indicated multiple times that we want those islands to remain green, as they are, and not paved over with large sidewalks. DOT believes this issue remains unresolved until it can be convinced that the community will continue to maintain these sightlines. (DOT has, however, indicated that some of the islands will be extended into Old Fulton Street by about 2 feet.) Since the islands were originally conceived and constructed at the behest of FFLA to create green spaces to separate pedestrians from traffic, we ask any resident willing to do some gardening to come pitch in once winter ends.  We also ask that if you agree they should stay as they are, without any additional removal of vegetation,  write chrones@dot.nyc.gov and cc us at fultonferry@gmail.com

We have been told by DOT that the traffic calming and the pedestrian plaza on the north side of Old Fulton is temporary. We wanted to know what recourse we residents have if we feel there is a problem.  DOT’s response was that they would work with local stakeholders on any issues that could emerge with the project post implementation.   That means that the onus is on us, the residents, to document issues if and when they arise starting this spring.

Separately, DOT has agreed to the following points:

Currently,  cars turning left on Old Fulton from Water St consistently stop again at the traffic signal for Old Fulton eastbound in error, causing back-up and honking.  We asked whether this traffic signal could be moved further down Old Fulton, closer to the river.  DOT will  have its signal engineers look at it and perhaps move or louver it, but not until spring when the rest of the work is planned.

DOT will work with FFLA on a means to prevent buses, limos and trucks from driving over the pavement on 8 Old Fulton, potentially by shifting the double yellow line a little more towards the west or using flexible delineators.

DOT will monitor the situation with the traffic signal on the side of 8 Old Fulton because it is placed on a very shallow catch basin and residents have expressed concern about flooding/icing.

DOT will address the conflicting “No stopping” and “No standing” signs on Furman Street, preferably by making them both “No Stopping.”

We noted the  two traffic lights facing Furman northbound, wondering if they are redundant.  DOT assures us the redundancies are a back up system and intentional.

BELOW IS THE MOST RECENT SUBMISSION BY DOT, ALONG WITH THE  RELEVANT SCHEMATICS 

If you have comments, please respond here or to fultonferry@gmail.com

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MD-994_R-2012 (3) 1 (1)

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A Second Resounding Victory in Returning the Tobacco Warehouse to the Public: State Court Declares City and State Officials Violated Public Trust

On Monday, the legal efforts of  FFLA and  the Brooklyn Heights Association to preserve the Tobacco Warehouse as a public amenity were fully vindicated in a sweeping ruling from the New York State Supreme Court.  Judge David Vaughan ruled that City and State officials violated the Public Trust Doctrine by transferring the Tobacco Warehouse to a private entity, and forbade officials from taking any further action on the historic structure without the explicit approval of the State Legislature.  Judge Vaughan wrote that the Bloomberg Administration’s plan, which had the help of State officials, “was a nullity because it violated New York’s public trust doctrine.” The Court found that “the undisputed evidence before the court demonstrates that the Tobacco Warehouse was dedicated parkland, as it was used as outdoor recreational parkland as part of Empire Fulton Ferry State Park,” and that the State’s “original intent was to designate the Tobacco Warehouse for public use is manifestly unambiguous.”  He derided the Administration’s arguments as “conclusory” and devoid of legal support.

This is the second major court decision in our favor, as our pro-bono attorney Jim Walden of Gibson Dunn & Crutcher noted:   “Since two separate courts have found the government’s actions unlawful, we hope the Administration will finally appreciate that it put the interests of a private organization over the public interest, and it failed in its duties to protect a vibrant and important public structure.” 

The Federal (see earlier story ) and State decision together mean that should Brooklyn Bridge Park Corporation wish to develop the Tobacco Warehouse , it cannot do so for private purposes, nor can the Park Corporation use it for anything other than outdoor public recreation.  To change the Tobacco Warehouse’s status as parkland,   the administration must first apply for a federal process called conversion, based on the standards of the National Park Service and then, given the State ruling, it would need to ask for State legislative approval.  Fortunately, one of our State representatives, Assemblywoman Joan Millman, has said,  ”According to the state judge, a municipality cannot take dedicated parkland and convert it to non park purposes without the approval of the state legislature.  And there’s no way I’m approving that.”

Judge Vaughan’s full decision can be read here:  State Opinion

By happy coincidence, on the same day that Judge Vaughan issued his decision, St. Ann’s Warehouse announced it had found a new home in DUMBO on 29 Jay Street. We are thrilled that St. Ann’s will remain in DUMBO and hope that 29 Jay might become its permanent home.

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Pier 1 Hotel and Residential Develoment RFP

To view the design guidelines for Pier 1 development, scroll to page 33 (page 32 has the Brooklyn Heights Scenic View District map).

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Pier 1 Hotel and Residential Development Proposals Presentation

Here is the slideshow from the presentation at Borough Hall on November 22nd. The public has until December 22nd to submit comments. We suggest that rather than picking one design — although you are welcome to do so — you focus on those aspects (features and functions) in each proposal towards which you feel favorably.

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Federal Judge Rebukes City, State, NPS; Orders return of the Tobacco Warehouse to Protected Public Parkland

We are very pleased to tell you that the Federal Court has ruled fully in our favor. Stating that the evidence “is so one-sided that (plaintiffs) must prevail as a matter of law,”  United States District Judge Eric N. Vitaliano handed FFLA, the Brooklyn Heights Association , the New York Landmarks Conservancy and the Preservation League of New York  an historic victory when he ruled late Tuesday that the Tobacco Warehouse and the Empire Stores were illegally removed from federally protected parkland in Brooklyn Bridge Park as part of a private development scheme. He ordered their immediate return to public parkland.

In his decision reaffirming his earlier preliminary injunction, Judge Vitaliano issued a stinging rebuke to the National Park Service (NPS) for breaching the public trust, violating federal law, and failing to carry out its duties: “…the federal government [must] keep its promise  . . .  that parkland developed or improved with federal taxpayers’ money will remain available for public use, or at the very least, will be replaced with substitute parkland of equal or greater value.  That promise must be kept.”

“Everyone must follow the law. Everyone. We are grateful the Court applied the law, but it is a shame court action was necessary,” said Jim Walden, the Gibson Dunn & Crutcher  attorney who litigated the case pro bono on our behalf.  We couldn’t agree more. In conjunction with our fellow plaintiffs, we used every possible public means to avoid a suit, but the government agencies refused to respond.

As a reminder, the lawsuit was filed  because the National Park Service capitulated to pressure from the City by allowing the Tobacco Warehouse and Empire Stores to be secretly removed from the map of a federally protected park.  The City had planned to turn over both structures to private developers.

The defendants in the case (National Park Service, US Secretary of the Interior Kenneth Salazar, Brooklyn Bridge Park Development Corporation, Brooklyn Bridge Park Corporation and St. Ann’s Warehouse, Inc.) tried to claim that the Tobacco Warehouse and the Empire Stores were never meant to be included as part of the federally protected parkland, and that they were placed on the park map by “mistake.”

However, Judge Vitaliano rejected that assertion and ruled that, “[o]verwhelmingly, the evidence points to only one finding:  the absence of any mistake by [State Parks] in the inclusion of the Tobacco Warehouse and Empire Stores on the [park] maps submitted in 2001 and 2003.”Indeed, he continued, the record established an “obvious purposefulness of the inclusion of the structures”and that“the planning for the eventual Brooklyn Bridge Park . . . yields the clear and obvious conclusion that [State Parks] fully intended to include the structures on the [park] map and fully understood the consequences of that action under applicable federal law.”

Further, Judge Vitaliano underscored that  “[i]t is crystal clear that . . . NPS acted outside of its legal authority” and its interpretation was “flatly impermissible and directly contrary to established law.” This is a victory which resonates elsewhere by protecting federally financed public parkland and historic resources from retroactive political maneuvering, or back channel attempts to privatize that which belongs fully to the public.  We hope that this will set a judicial precedent to ensure that the government does indeed protect public parkland  in accordance with the law in the future, here and elsewhere in the country.

What does this mean for the Tobacco Warehouse?  As of now, it–and the Empire Stores–have been returned to federally protected parkland.  If either structure is to be developed privately, each will need to undergo a prescribed process called conversion (you see it referred to in the Judge’s opinion below) which has specific and fairly strict criterion that must be met, and were ignored when these buildings were secretly removed from the park map.

It is our hope–and the hope of our fellow plaintiffs–that the Tobacco Warehouse will once again open to regular public programming, free to all, as a flexible, multi-purpose outdoor space accommodating a wide variety of uses, and a glorious spot from which to contemplate the majesty of the Brooklyn Bridge and the Manhattan skyline.

The Judge’s decision can be viewed here: 11-07-12 Decision and order

While we have won a resounding victory in Federal Court, the case now proceeds to State Court, where arguments were to begin Wednesday, July 20th.

UPDATE: All sides were present in NY State Court on July 20th , and our case was ready to be heard;  however the Judge, Justice Vaughan, decided to read all the papers and make a ruling without hearing oral arguments.  We and our fellow plaintiffs were then provided  a “control date” of Oct. 19th.  This means that anytime on or before Oct 19th, Justice Vaughan will decide on 1)the motions to dismiss or 2) whether he needs to hear further oral arguments.  As always, we will keep you posted should there be any further developments.

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JUDGE VITALIANO CALLS NPS DEFENSE “HOUSE OF CARDS (THAT) CANNOT WITHSTAND THE GENTLEST BREEZE

We are extremely pleased to report that on Friday, US Federal Judge Eric Vitaliano declared that the National Park Service violated federal law–and its own charter–by secretly removing the Tobacco Warehouse from protected parkland.  In his words: ” the issuance of preliminary injunctive relief is clearly in the public interest,”  and that the NPS’ decision to allow removal of the Tobacco Warehouse  (for private development) was “untenable.”  The Court further indicated that  ”if any authority does exist to support (NPS’) claim, none is apparent. “

We filed the suit in conjunction with the NY Landmarks Conservancy, Preservation League of NY State and the BHA.  Though not official plaintiffs,  the National Trust for Historic Preservation was at our side for the hearing.   Instead of linking to articles or writing, we have reprinted our press release with a link to the Court’s full written decision below:

Federal Court Rebukes National Park Service for Legal Violation In Aid Of New York City’s Development Plans

Court Halts Bloomberg Plan to Cede Landmark Structures In Brooklyn Bridge Park for Private Development;

Judge Calls Justifications for Federal Giveaway A “House Of Cards”

Brooklyn, New York – In a sweeping decision, United States District Judge Eric N. Vitaliano ruled that the National Park Service (“NPS”) violated federal law by removing two historic landmarks from federally protected parkland.  With this decision granting a preliminary injunction, the Court ordered NPS to protect these Civil-War era structures – the Tobacco Warehouse and the Empire Stores – from the current development plans of the Bloomberg Administration.  The decision, released late Friday evening, follows a hearing held in Brooklyn Federal Court on March 21, 2011.  The lawsuit was filed by the Brooklyn Heights Association, the Fulton Ferry Landing Association, the New York Landmarks Conservancy, and the Preservation League of New York State (together, “Plaintiffs”).

According to the lawsuit, NPS capitulated to pressure from the Bloomberg Administration by allowing the Tobacco Warehouse and Empire Stores to be removed from the map of a federally protected park.  The City had planned to turn over both structures to private developers.  To justify the removal, the Commissioner of the New York City Parks Department, Adrian Benepe, and other officials filed letters with NPS, declaring that the structures had been “mistakenly” included on the federal map in 2001 and that the Tobacco Warehouse, a roofless structure enjoyed by the public for free outdoor programming between 2003 and 2008, was “not intended” to be used for public recreation.

In their lawsuit, Plaintiffs demonstrated that these statements were false.  Even NPS’s own administrative record proved, as Plaintiffs long believed, that high-level City officials were secretly lobbying NPS and the U.S. Department of the Interior to render a decision in violation of federal law.

In a strongly worded opinion, Judge Vitaliano rejected the arguments from NPS, the City, and the other defendants.  “The house of cards erected by the defense cannot withstand the gentlest breeze,” Judge Vitaliano wrote.  Addressing the claim that the structures were included on the federal map “by mistake,” the Judge labeled it as “revisionist,” and flatly rejected it, saying, “there is . . . not a shred of evidence [to suggest a mistake].” The Court criticized NPS’s decision to rely on information from the City and State agencies “without confirming or even investigating them or requesting any additional information or public comment.”  The Court also rejected the defendants’ assertion that the Tobacco Warehouse was “unsuitable” for outdoor public recreation.  The Court found the assertion was based on an “invisible record,” and accused NPS of using “cherry-picked” information to support it.

On an issue of first impression, the Court also rejected NPS’s argument that it had power at all to remove parkland in these circumstances:  “the record,” according to the Court, “unmasks the NPS decisions as contrary to its own regulations.” The Court concluded as follows:  “The [applicable] statute is not silent about revisions; it flatly contradicts the NPS claim of power to correct ‘oversights’ after a [federal] grant closes.”  Although NPS claimed it had the “inherent authority” to correct mistakes on federal park maps, the Court called this “a last gasp argument” that “holds no water.”  The Court also declared that NPS’s central determination of a “mistake” was “flawed both substantively and procedurally.”

Elizabeth Merritt, Deputy General Counsel of the National Trust for Historic Preservation, who attended the March 21st hearing, praised the decision as “an important national precedent.”  She continued, “The Court sent a clear message that NPS cannot evade a mandatory public-review process by secretly altering documents.”  Peg Breen, President of the New York Landmarks Conservancy, said:  “This ruling reaches far beyond Brooklyn.  If the National Park Service could choose when to enforce the law, historic buildings and parks across the country would suffer.”  Daniel Mackay, Director of Public Policy for the Preservation League of New York State, said:  “We hope this decision re-establishes the highest standards of review and protection at the National Park Service for public parklands in New York State and across the nation.  This injunction is a critical first step in protecting this and other federally funded parkland from rash actions and incomplete public process.”

Although preservation groups described the lasting and far-reaching implications of Friday’s decision, two neighborhood civic associations that have fought to save the Tobacco Warehouse from demolition or development for more than 40 years – the Brooklyn Heights Association and the Fulton Ferry Landing Association – also heralded the decision. Jane McGroarty, President of the Brooklyn Heights Association, said:  “We are gratified by Judge Vitaliano’s clear decision.  The National Park Service and the State Parks Department acted illegally by removing the Tobacco Warehouse from the public domain.  It belongs to the park, where it can be enjoyed by all.”  Joan Zimmerman, President of the Fulton Ferry Landing Association agreed, saying:  “The decision was a resounding rejection of arguments made to justify backroom deals between the City and NPS, and a strong affirmation of the principle that parks are to serve the public, not private interests.”

Gibson, Dunn & Crutcher represented the plaintiffs.  “The Court’s decision recognized clear illegality.  We hope today’s landmark ruling deters the National Park Service from future ‘giveaways’ of our national treasures,” said Jim Walden, who litigated the case with Gibson Dunn attorneys James HallowellRichard FalekAdam CohenMatthew MenendezKimberly YuhasAdam JantziLloyd KimVikram Kumar, and Yara Mansour.
To read the full, highly descriptive decision, see: Tobacco Warehouse – 2011 04 08 Memorandum and Order

In spite of the Court’s strong ruling, the City has issued the following statement:  ”We are disappointed with the Court’s decision and look forward to presenting our full case to the Court. Brooklyn Bridge Park looks forward to moving the Tobacco Warehouse project forward and incorporating plans for St. Ann’s Warehouse and the Empire Stores as vibrant parts of the park.”

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Please join us in court Monday March 21st to stop the backroom dealing for the Tobacco Warehouse

(Updated with results of the hearing)

When last we wrote, we were scheduled for an expedited hearing on our preliminary injunction against the National Park Service (NPS) in Federal Court on Jan. 27th.  That hearing never took place, as our pro bono attorneys, Gibson, Dunn & Crutcher, were told by the Department Of Justice (DOJ) that the NPS had drafted a letter to State Parks reversing its earlier decision to allow the removal of  the Tobacco Warehouse from protected parkland.  That draft included a stinging rebuke to the City to treat the Tobacco Warehouse as it had full federal protection. DOJ requested an additional two weeks for NPS to complete its administrative process, to which we agreed.  The City thereupon signed a Standstill Agreement to temporarily preserve the status quo with the Tobacco Warehouse until March 25th.  (see Update below)

So in good faith, we, the plaintiffs (FFLA ,BHA, and NY Landmarks Conservancy),  withdrew our original motion seeking a temporary restraining order against the NPS.   Imagine our surprise when less then two weeks later, the NPS did another about-face and issued a statement admitting its original decision in 2008 was wrong but finding a whole new rationale to justify its approval to take the Tobacco Warehouse off the federally protected map, ignoring its own stated procedures for doing so.  Over the objections of the DOJ, NPS then closed the administrative process, not allowing us to respond to what we discovered were multiple submissions and a heavy lobbying effort by the City.

Our attorneys have now filed an amended complaint,  which illustrates in graphic detail the political pressures brought to bear on NPS.  We have linked to it on Scribd here , with additional attachments here for you to read if you choose, or you can view the pdf of the complaint here.  In the words of Jim Walden, our attorney,  ”Comparing the two conflicting decisions gives a unique view into the corrosive effect of political pressure placed on a federal agency that is supposed to protect parkland.”

Two additional defendants are named:  Department of the Interior Secretary Kenneth Salazar, and the Brooklyn Bridge Development Corporation. The Brooklyn Bridge Park Corp and St. Ann’s Warehouse both sought and obtained permission to intervene in the Federal case; hence both have become a party to the suit.

We return to Federal Court  on Monday March 21st  at 10 am seeking a preliminary injunction (again). We invite you to attend.

Where:  225 Cadman Plaza East (U.S. District Court, Eastern District)                  Courtroom 4CSouth

Who:      Before Judge Eric Vitaliano

UPDATE:  The standstill agreement on the Tobacco Warehouse was extended through April 8th. The Department of Justice represented the National Park Service, Wilkie Farr represented St. Ann’s Warehouse, the City’s attorneys spoke for Brooklyn Bridge Park Corp, and a separate counsel represented Brooklyn Bridge Park Development Corp (which holds title to the land). After oral arguments on both sides regarding the preliminary injunction as well as the temporary restraining order, Judge Vitaliano extended the standstill agreement through April 8th, ensuring no changes or further action whatsoever to the Tobacco Warehouse until after that time.  The Judge complimented both sides on the completeness of the information provided him and indicated he will issue his decision on the preliminary injunction in two weeks.



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Brooklyn Bridge Construction–Abrasion Blasting and Noise

A number of you have asked about the noise from the abrasion blasting taking place nearby, and  several of you have registered complaints about the same.  We have been told that the permit from the City allows this particular work to occur Monday through Saturday, from 7a.m.to 7p.m.  It is estimated that this particular part of the Bridge Rehabilitation project will continue here for a couple of months.

The good news, however, is that we have found the Bridge community outreach liaison and her colleagues to be very responsive.  The primary contact is Sabrina Lau and her email is brooklynbridgeoutreach@gmail.com.

UPDATE 4/2/11: The  Community Outreach Group has informed us that they expect the blasting at the Brooklyn  anchorage to end in about another week,  after which it will be moved to its former location at the Brooklyn Tower, further from Old Fulton Street.  That should reduce the noise considerably, but any quality of life issues should still be reported to them with a copy to us.

A recent example follows:  One of our members measured the decibel readings on his iPhone, and sent an email with the specific information, citing concerns about the extremely high and unhealthy level of the readings.  At 7p.m. on a Friday evening (!),  he  received a response in a call  from an individual of the Outreach Group.  According to our member, the outreach person was highly apologetic, had already spoken with the resident engineer and contractor, and promised  they would place a “sound blanket” around the generators immediately over the weekend, as well as send someone out that Monday to measure the noise decibels.  He also promised additional noise insulation if there was not a noticeable improvement.  Fortunately,  there seemed to be, although we do not yet have a measurement for the current noise level.  What a pleasure to have a city agency so responsive.
If you do email a complaint, please cc us at: fultonferry@gmail.com

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300-square-foot bike-rental concession coming to B’klyn Bridge Park

Good news for bike riders without bikes! A bike rental concession is coming to Brooklyn Bridge Park this spring, just inside the entrance to Pier 1 at Old Fulton Street. See more info at the link below.

300-square-foot bike-rental concession coming to B’klyn Bridge Park.

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