Subject: Re: [GlobalRevolutionMedia] Fwd: NYC private parks to close from 1am-5am -- shutting down the occupation?
From: Christian Smith-Socaris
Date: Fri, 21 Oct 2011 00:10:09 -0400
CC: beka economopoulos <>,,, Info occupy <>

FYI - there is a provision in the current regulations that allows a POPS over to petition the Planning Commission for restricted hours, but it takes months and the Borough President comments and then the City Council can call a hearing and squash it:

[at page 25 of attached relevant regulations]

Hours of access

All #public plazas# shall be accessible to the public at all times, except where the City Planning Commission has authorized a night time closing, pursuant to the provisions of this Section. In all districts, the City Planning Commission may authorize the closing during certain nighttime hours of an existing or new #publicly accessible open area#, if the Commission finds that:
(a) such existing #publicly accessible open area# has been open
to the public a minimum of one year or there are significant operational or safety issues documented, or for new #public plazas# significant safety issues have been documented and provided as part of the application for authorization of nighttime closing;
(b) such closing is necessary for public safety within the
#publicly accessible open area# and maintenance of the public open areas as documented by the applicant;
All applications for nighttime closings of #publicly accessible
open areas# filed with the Commission shall include a detailed
site plan or plans indicating compliance with the provisions of
this Section, including but not limited to materials, dimensions,
and configuration or any design element that limits public
access, the storage location for the design element that limits
public access during the hours of public operation of the #public
plaza#, and the hours of the #publicly accessible open area's#
accessibility to the public. All such plans for #publicly
accessible open areas#, once authorized, shall be filed and duly
recorded in the Borough Office of the City Register of the City
of New York, indexed against the property in the form of a legal
instrument providing notice of the authorization pursuant to this
Section. The form and contents of the legal instrument shall be
satisfactory to the Commission, and the filing and recording of
such instrument shall be a precondition for the nighttime closing
of any #publicly accessible open area#. The recording information
shall be included on the certificate of occupancy for any
#building#, or portion thereof, on the #zoning lot#, issued after
the recording date.
The land use application for an authorization under this Section
shall be sent to the applicable Community Board, local Council
Member and Borough President. If the Community Board, local
Council Member or Borough President elects to comment on such
application, it must be done within 45 days of receipt of such
The Commission shall file any such authorization with the City
Council. The Council, within 20 days of such filing, may resolve
by majority vote to review such authorization. If the Council so
resolves, within 50 days of the filing of the Commission's
authorization, the Council shall hold a public hearing and may
approve or disapprove such authorization. If, within the time
periods provided for in this Section, the Council fails to act on
the Commission's authorization, the Council shall be deemed to
have approved such authorization.


On 10/20/2011 11:30 PM, beka economopoulos wrote:
FYI, an important one to keep an eye on.

---------- Forwarded message ----------

On Thu, Oct 20, 2011 at 11:06 PM, Taren Stinebrickner-Kauffman <> wrote:
Hey folks,
Looks like the Manhattan Real Estate Board is going to try to change the rules under which they are required to operate their parks, to allow them to close them completely from 1am-5am. This is presumably Brookfield's new guise for shutting down Zuccotti and throwing out the occupation, and may be a critical fight for everyone to pile onto again.

Everyone seems to be unclear on the exact process, and therefore the pressure points, for changing these rules and how long it would take. Apparently some relevant subcommittee of the Real Estate Board met tonight, but that seems to be only the beginning of the process. WSJ says it probably involves City Council.

Keep in mind that the regulations that private real estate companies have to follow within these parks are trade-offs for being allowed to violate zoning ordinances and build taller buildings. (Today's NYT had a good article giving background on how this "public-private partnership" arose.) I think we should tell the Real Estate Board that if they want to close the parks for 4 hours (1/6th) of the day, in return they have to cut off/give the city back the top 1/6th of the floors on their office buildings...

If anyone has any intel, especially on Brookfield's involvement, I'd love to hear it.




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