SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY In the Matter of the Application of PROSPECT HEIGHTS NEIGHBORHOOD DEVELOPMENT COUNCIL, INC., ATLANTIC AVENUE LOCAL DEVELOP- MENT CORP., BOERUM HILL ASSOCIATION, INC., BROOKLYN HEIGHTS ASSOCIATION, INC., FIFTH AVENUE COMMITTEE, INC., PARK SLOPE CIVIC Index No. 116323/09 COUNCIL, INC, PRATT AREA COMMUNITY COUNCIL, INC., STATE SENATOR VELMANETTE MONTGOMERY, Assigned to STATE ASSEMBLY MEMBER JAMES F. BRENNAN, Justice Friedman NEW YORK CITY COUNCIL MEMBER LETITIA JAMES, ALAN ROSNER, EDA MALENKY, PETER KRASHES., JUDY MANN, RHONA HESTRONY, JAMES GREENFIELD, MICHAEL ROGERS, ANURAG HEDA, ROBERT PUCA, AFFIRMATION OF SALVATORE RAFFONE, RHONA HETSTONY, ERIC DANAE ORATOWSKI DOERINGER, JILLIAN MAY and DOUG DERRYBERRY, IN SUPPORT OF MOTION FOR STAY AND Petitioners, SCHEDULING ORDER For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, - against - EMPIRE STATE DEVELOPMENT CORPORATION and FOREST CITY RATNER COMPANIES, LLC, Respondents. ‘STATE OF NEW YORK COUNTY OF KINGS DANAE ORATOWSKI, being duly swom, deposes and says: 4. Lam Chair of the Prospect Heights Neighborhood Development Council, one of the petitioners in this proceeding. | reside at 161 Underhill Avenue in the Prospect Heights section of Brooklyn. To the extent | have been permitted, | haveparticipated in the administrative process centered on the proposed Atlantic Yards Project (the “Project’). | submit this affidavit in support of the motion by the Petitioners to stay further construction on the Project until such time as the Empire State Devel- opment Corporation responds to the Court's order entered on November 10, 2010. 2. On November 4, 2010, | attended a meeting known as the “Atlantic Yards Service Cabinet" held at Brooklyn Borough Hall. The meeting was convened by Brooklyn Borough President Marty Markowitz and City Council Member Letitia James, and attended by the conveners, as well as other local elected officials, Community Board members, representatives of City agencies, representatives of ESDC, and representatives of Forest City Ratner Companies (FCRC), the latter being Ms. Jane Marshall (Senior Vice President) and Ms. MaryAnne Gilmartin (Executive Vice President). The purpose of the meeting was to discuss issues related to Atlantic Yards construction on surrounding communities. 3. During the meeting, in response to a question by Council Member James regarding the construction of a parking lot on Block 1129, Ms. Marshall stated that “When the arena opens, its surface parking [Block 1129] will be screened and used for the venue and also for B2 residential parking.” (B2 is FCRC's designation for the first non-arena building to be constructed on the Phase | site.) FCRC has previously announced that the Arena is planned to open in 2012, and because there are several buildings on it that need to be demolished, as well as a major grading job required, | believe that work on this Block could begin early next year. Ms. Marshall went on to state that below-grade parking would be added on Block 1129 when it is developed in Phase Il - which we now realize may be many years off — and that “ultimately the 2number of parking spaces on [under] Block 1129 will be greater than 4,100, but that's what we get with surface parking.” 4. Council Member James also asked if the surface parking lot would be subject to New York City zoning regulations that require interior landscaping for such lots. Ms. Marshall replied that the Project overrode New York City zoning, so was not required to comply. A video transcript of Ms. Marshall's comments is available at hitp:/mww.youtube.comiwatch?v=xuJ9SDP-Hls, 5. Under the Development Agreement between FCRC and ESDC, FCRC is not required to start construction on Phase Il for at least 15 years, and it may be much longer than that. | and members of the Prospect Heights Neighborhood Development Council are concerned that if FCRC is allowed to build the surface parking lot on Block 1129 as described by Ms. Marshall, i may remain in place for a decade or more—perhaps as long as the 25-year schedule allowed under the Development Agreement for Phase I! construction. Because the Atlantic Yards FEIS considered interim parking on Block 1129 temporary, it did not study the impact of the lot on the surrounding community. Given that the Development Agreement could, at a minimum, allow the lot to remain in place for a decade, the impact of the parking lot on neighborhood character, noise, air quality, storm water and security must be known before its construction is allowed to proceed. | L Danae Oratowski Sworn to before me, a Notary n GAIL COCKERL Public, on November, 2010 Wotary Public - State of New York No, 01c08175168 uals in vers County Commission Expres 20 U(