BROOKLYN PUBLIC LIBRARY
AND NEW YORK CITY DEPARTMENT OF
CITYWIDE ADMINISTRATIVE SERVICES
DETERMINATION AND FINDINGS PURSUANT TO
SECTION 204 OF THE NEW YORKSTATE EMINENT DOMAIN PROCEDURE LAW
WHEREAS, the City of New York (“City”), acting by and through Brooklyn Public Library(“BPL”) and the NYC Department of Citywide Administrative Services (“DCAS”), has proposed the acquisition by eminent domain of a property located at 6802 Fort Hamilton Parkway in Community District 10 in the Borough of Brooklyn (“Subject Premises”), for its continued use as the McKinley Park Branch of Brooklyn Public Library; and
WHEREAS, the New York State Eminent Domain Procedure Law (“EDPL”) sets forth uniform procedures for condemnation of property; and
WHEREAS, pursuant to EDPL §§ 201 through 204, a municipality is required to hold a public hearing to determine whether the public interest would be better served by the proposed acquisition of the property and the impact of such an acquisition on the neighborhood; and
WHEREAS, BPL held a public hearing with respect to the proposed acquisition of the Subject Premises on April 11, 2014 in the Borough of Brooklyn,
NOW, THEREFORE, let it be known that BPL and DCAS, pursuant to EDPL § 204, hereby determines and finds:
(1) The Subject Premises, (Block 5771, Lot 12), on the Tax Map for the Borough of Brooklyn), is located on the southwest corner of 68th Street and Fort Hamilton Parkway, between 68th Street and Bay Ridge Avenue.
(2) The public use and benefit of acquiring the Subject Premises is for its continued use as the McKinley Park Branch of Brooklyn Public Library. The City has decided to acquire a fee interest in this property because the City has occupied the Subject Premises as a public library since the building was constructed in 1959, and intends to continue to operate there in the future, for an indefinite period of time. The branch library is 7,639 square feet in size, and is staffed by approximately nine employees. The continued use of the branch library on the property is critical to maintaining library service in the area. Its location is well-situated to serve the surrounding community. Alternative locations were not considered because equally-situated locations were not readily available.
(3) The proposed acquisition of the Subject Premises was included in the Uniform Land Use Review Procedure (“ULURP”) application #C 940207 PCK, submitted by BPL and DCAS to the NYC Department of City Planning on October 29, 1993. The ULURP application was certified as complete on February 6, 1995 and the NYC Planning Commission (“CPC”) adopted the resolution on May 24, 1995.
(4)The ULURP Application was also reviewed pursuant to the New York State Environmental Quality Review Act (SEQRA) and the New York City Environmental Quality Review (CEQR). The ULURP Application was determined to be a Type II action and no further environmental review was necessary because the acquisition represented a replacement in kind and would have no significant environmental impact, and this continues to be true today. This finding was conveyed by the Brooklyn Public Library, as lead agency, to the NYC Department of General Services in a letter dated October 27, 1993 addressed to Assistant Commissioner Randall Fong.
(5) Through a written submission, the property owner’s counsel asserted a general objection to the proposed acquisition. All comments have been given due consideration by the City.
DETERMINATION
Based on due consideration of the record and the foregoing findings, the City has determined that it should exercise its power of condemnation to acquire the Subject Premises in order to promote and permit its continued use as the McKinley Park Branch of Brooklyn Public Library.
Copies of this Determination and Findings are available and will be forwarded without cost, upon written request sent to:
Brooklyn Public Library
Office of the General Counsel
10 Grand Army Plaza
Brooklyn, NY 11238
Attention: McKinley Park Branch Acquisition
ATTENTION: ANY PERSON WHO WISHES TO SEEK JUDICIAL REVIEW OF THIS DETERMINATION AND FINDINGS, OR CLAIMS TO BE AGGRIEVED BY SUCH DETERMINATION AND FINDINGS AND WISHES TO CHALLENGE THE SAME, MUST DO SO, IF AT ALL, BY: (1) DULY COMMENCING A LEGAL PROCEEDING PURSUANT TO SECTION 207 OF THE EMINENT DOMAIN PROCEDURE LAW ("EDPL") IN THE APPELLATE DIVISION, SECOND DEPARTMENT, LOCATED AT 45 MONROE PLACE IN BROOKLYN, NEW YORK, NO LATER THAN JUNE 28, 2014, OTHERWISE ANY SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED, AND (2) DULY SERVING A DEMAND UPON THE CITY OF NEW YORK TO FILE THE RECORD UNDERLYING THIS DETERMINATION AND FINDINGS. THE APPELLATE DIVISION MAY CONSIDER THE PUBLIC BENEFIT OR PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND OTHER MATTERS SET FORTH IN EDPL SECTION 207. UNDER SECTIONS 207 AND 208 OF THE EDPL, THE EXCLUSIVE VENUE FOR ANY CHALLENGE TO THIS
DETERMINATION AND FINDINGS IS THE AFORESAID APPELLATE DIVISION. ANYONE WISHING TO CHALLENGE THIS DETERMINATION AND FINDINGS IS ADVISED TO PROMPTLY CONSULT AN ATTORNEY.