Java Street Beat: The Pier is 'Complicated'

On July 12, the New York City Economic Development Corporation (EDC) issued a Request for Proposals soliciting plans from private developers interested in building a massive pier at the end of Greenpoint’s Java Street. The pier project is to be built on approximately 18,000 square feet of land, a large portion of which is underwater. On August 5th, the RFP period wound to a close, and EDC announced that they would then begin reviewing proposals and ultimately award the land to the developer with the most feasible plan.

Last week, however, Councilmember Stephen Levin, in whose district the project will be constructed, voiced his opposition to the Java Street Pier, alleging that the RFP was not as transparent and equitable as EDC wanted community members to believe, and that Jonathan Bernstein, property owner of Stiles Properties LLC located at the end of Java and India Streets who submitted a proposal for the Java Street Pier, has a vested interest in—and ulterior motive for—winning the RFP.

“With regard to the RFP, I wasn’t notified as the councilmember, and the community board wasn’t notified, and other elected officials with an interest weren’t notified—the state senator, the assemblyman, the borough president’s office—that this was going to happen. That’s the initial issue,” Levin said. Though Stiles Properties did, indeed, present the plans for both the India Street and Java Street Piers before the community board, Bernstein did so in collaboration with EDC and Army Corp of Engineers, which is counterintuitive to the concept of an open and equitable RFP. Additionally, because Bernstein does not own the entirety of the land on which he was proposing to build the pier—the portion of land being optioned off via RFP is owned by the Industrial Development Agency (IDA), an arm of EDC—Levin formally urged EDC to withdraw the Stiles LLC proposal altogether.

“EDC worked closely with a private developer, Stiles Properties LLC, to transfer property rights before the RFP was ever issued. Months before the RFP was released, EDC submitted a joint permit application with Stiles Properties LLC to the US Army Corps of Engineers to construct the piers. The applicants could not have claimed ownership or future ownership of the property before going through the RFP which designates ownership,” Councilmember Levin said.

In response, EDC spokesperson Julie Wood explained that, while the Stiles Properties LLC proposal will be considered, a decision has not officially been made, and construction has not been formally authorized. In her comments, Wood explained the importance of the Java Street Pier as a piece of Greenpoint infrastructure, while largely leaving the question of transparency unanswered.

“Creating public access to the waterfront was a significant piece of Greenpoint-Williamsburg rezoning and the City released a request for proposals for a piece of underwater property that it controls that would allow for greater public access at Java Street along with ferry service at India Street. The deadline for submission just closed, so we’ll review any responses, determine the best course of action and, of course, consult with the local Councilmember and community leaders.”

Though the Java Street Pier is not exactly a done deal Bernstein, who has been authorized to construct the India Street Pier—he already owns the land—explained that his original plan involved two piers, and without being given the go-ahead on Java Street, he is not obligated to build at India Street. It is imperative, he said, he be granted both sites.

“It’s complicated, but the two piers should go ahead simultaneously,” Bernstein said. “When we originally designed the Java Street Pier we didn’t realize there was a tiny sliver we didn’t own. When we filed the application we realized that this sliver was owned by the IDA. But we’re not obligated to build the India Street Pier if the Java Street Pier isn’t approved. If we don’t get Java Street, then India Street may not get built—it’s a two-pier project.”

In response to Levin’s allegations, Bernstein insists that he went through the RFP process like any other property owners who wish to build on the site, fair and square.

“The application wasn’t planted. There is an RFP out,” Bernstein continued. “EDC wants the Java Street Pier built because it’s an education pier for the City of New York. We’re building it with our own funds, private funds, and EDC thinks both piers are beneficial for the City of New York.”

If and when Bernstein is awarded the Java Street Pier site, he pledges to use it for educational purposes, sponsoring programs and encouraging boating, fishing and other activities.

“This is going to be for the good of the community,” he said.

Levin, on the other hand, is skeptical: By gaining ownership of the Java Street parcel, Bernstein and Stiles Properties LLC will gain an additional 40,000 square feet of transferable development rights to any future project on the land, which means an automatic increase of 4.7 Floor to Area Ratio (FAR), which is the maximum under the 2005 Greepoint/Williamsburg Waterfront Rezoning for waterfront developments, to 5.8 FAR.

“Between this RFP and the development of the India Street Pier, he will be able to increase his FAR substantially,” Levin explained. “The New Domino sought an FAR to an increased 5.6 and I had issues with that, and with this [the developer] will have an FAR of 5.8. So all of a sudden, for an action that did not properly go through ULURP, he gets this additional FAR so he can increase his property and his profit, and I am in no way interested in letting him do it.”

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