What about the Yards part of Atlantic Yards? (Dope on the Slope, flickr)

In the last few months, the battle cries of the Atlantic Yards opponents have quieted—or been drowned out by the hubbub of basketball games and concerts at Barclays. There has been a subtle shift in tone and subject matter, with the conversation turning away from Atlantic Yards and the bitter debate that has characterized so much of the development's history.

But despite the shift in focus, the eastern end of Downtown Brooklyn remains scarred by an open railyard—an 8.5-acre tear in the urban fabric that Forest City Ratner is supposed to someday heal.

The platform over Vanderbilt Yards, as it's known, is the difference between a highly challenging "blighted" development site—arguably deserving of special subsidies, tax breaks and the seizure of private land through eminent domain—and a prime development site in a plum location.

The Atlantic Yards Report—the tireless, fine-tooth comber of all documents related to Forest City Ratner—has unearthed what appears to be confirmation that the deck over the 8.5-acre Vanderbilt Yards will not be built until after four other towers are completed on Southeast Block 1129.

Quoting from the annual report that Forest City Enterprises filed with the Securities and Exchange Commission, AYR accuses Forest City of shifting around its sequencing and phases, moving the construction of four towers on Southeast Block 1129 from Phase I to Phase II, effectively prioritizing the easier, terra firma construction over the thornier deck building, and thereby delaying it. Delays are a rather touchy subject, as wobbly deadlines (ahem, 10 years) have been a problem for the project.

"That leaves the below-grade railyard waiting for an expensive deck and furthering development on the main piece of terra firm beyond the arena block," writes the Atlantic Yards Report.

In other words, Forest City would not be getting to that "scar that divided the neighborhood" anytime soon.

But Forest City denies that anything has changed in the timeline or the phases.

"The four buildings on Block 1129 are still, as they have always been, part of Phase II," spokesman Joe DePlasco told The Observer. Sequencing for Phase II, he added, had yet to be determined and would be discussed as part of the environmental impact studies.

But what of the seeming discrepancy between Block 1129 being designated as part of Phase I in the annual report?

Mr. DePlasco cited a tangle of legalese, but the takeaway was that different documents "have different descriptions for different purposes."

So Block 1129 is sometimes part of Phase I and sometimes part of Phase II, but it has always been part of Phase II and its sequencing in relation to the deck has yet to be determined. Got that?

As for a timeline on when the platform would be completed, Mr. DePlasco pointed The Observer toward the penalties outlined in the SEC report if Forest City does not commence construction on the Permanent Railroad by December 31, 2013 and "substantially complete" construction by September 30, 2016: "[I]f we do not commence construction on the Permanent Railyard by December 31, 2013 we will be in default of various MTA project agreements and the MTA will have the ability to draw down our $86 million letter of credit. We would also lose approximately 3.3 million square feet of development rights for Phase II of Brooklyn Atlantic Yards."

kvelsey@observer.com

[Ed. Note: The Observer has removed the characterization of "sometimes conspiracy theorist" from a description of the Atlantic Yards Report published in an earlier version of this story. The Observer had used the description to characterize the tone—and suspicious worldview—that the blog occasionally takes. This was incorrect and we did not intend to impugn the accuracy or quality of either AYR reporting or of Norman Oder's work.]

The wheels on the bus go round and round.

The Atlantic Yards certainly knows how to get someone else to pick up the tab. It's like a friend who always manages to forget his wallet when going out to dinner, or the pal who neglects to pony up her share of the group gift you all went in on together.

First, the project scored $305 million in state and city subsidies via the Empire State Development Corporation, then the arena protested a tax assessment for taxes it didn't even have to pay (an oversight, it claimed), and now it's literally getting a free ride on the existing transportation infrastructure—an infrastructure that is ferrying a lot of visitors and cash to Barclays, but that Ratner doesn't want to help finance.

Making Barclays and future developments pay their share for increased transportation needs is among the recommendations of the Tri-State Transportation Campaign's latest report "Brooklyn gateway transportation vision. " As Capital New York notes, the report is basically a wish list of policy changes and funding proposals for a borough with a rapidly growing population. A rapidly growing population that is putting an increasing amount strain on aging transportation infrastructure will, inevitably, require more and more repairs and overhauls as time goes by.

So what is main problem with implementing the transportation vision? Money. The problem is always money. Which is where innovations like congestion pricing and residential parking permits might come in handy. Or getting the developer of a huge, money-hauling arena that is putting a significant strain on the local transportation infrastructure to help shoulder the costs.

Among the report's other suggestions (you can read the entire report here) is that Forest City Ratner pay for the subway fares for Barclays Center patrons, like it promised to. And fund a New Jersey to Fulton Ferry ferry service.

We won't hold our breath for those initiatives (we're still waiting on the housing), but maybe some of the other recommendations will actually materialize, like more secure bike parking at Barclays Center or a transit impact fee that developments will be required to pay in support of mass transit.
kvelsey@observer.com

The yards as they once were.

The battle over the Atlantic Yards has been a punishing experience even for the most dedicated community activist. It has been long and unrewarding and now, with the opening of the arena, many are finally calling it quits, The New York Times reports.

Losing the fight over eminent domain was the first straw and after years of sifting through documents, plans and financial filings, many saw Jay-Z's first concert there as the last straw. The arena is a fait accompli and while the huge housing towers that helped Forest City Ratner secure so much government funding have yet to materialize, nitpicking the plans for the next half-decade is not something a lot of the opponents can stomach.

Nor do they want to.

“I never realized how angry I was during those years,” musician Scott M.X. Turner told The Times. “Now my life is not being angry all the time.”

People neglected careers, friends and families to devote 20 or more hours to the battle against Barclays. Opposing the project became an all-consuming passion for many and one that they no longer want to devote themselves to.

Candance Carponter, the real estate lawyer behind Develop Don't Destroy Brooklyn, admitted to exhaustion, but said that she was proud for fighting for what she believed in, even if she hadn't won the fight.

Many who plan to, or have already thrown in the towel, have also moved on physically, taking up residence in new neighborhoods or states. Others, particularly those who must live with the new arena, vow to continue.

“The fight isn’t over,” graphic designer Jon Crow, who is involved with a nearby community garden, told The Times. “We’ve got a neighborhood to protect.”

kvelsey@observer.com

There will be a few more people in real life.

The residents in the neighborhoods bordering Barclays Arena will almost certainly be stuck with congestion and beer-swilling visitors, but at least they may be spared a multi-level nightclub.

The landlord is evicting Kemistry Lounge’s owners for non-payment of rent, putting a halt (if only a temporary one) to their clubbing brainchild, Brownstoner reports. That’s good news for those nearby the lounge’s would-be home at 260 Flatbush Avenue.

The prospect of the nightspot drawing a loud, young intoxicated crowd to an area that is likely to already be highly-trafficked by loud, young and intoxicated people left many in Community Board 6 unenthusiastic about its arrival.

But after the owners allegedly failed to pay more than $60,000 in back rent, neighbors may be in luck. Which is fortunate, because could they really stomach another battle?

Brownstoner also noted the owners had been unable to gain support from the Community Board 6 and did not file for a license from the State Liquor Authority.

While this is bad news for the Kemistry Lounge owners (who are apparently still planning to open, despite its eviction notice/$60,000 setback), we expect make residents near the would-be club spot happy.

But even without the nightclubbing crowd, residents will still have to contend with the added congestion. The deadline to file public comments on the traffic plan ended today, but we're fairly certain that the majority of locals were not enthusiastic about increased congestion promised by the arena—especially since Forest City Ratner’s traffic plan, focused mostly on encouraging public transit via the train by adding additional trains, relies on visitors—especially out-of-towners—overlooking public transit downsides like sweltering heat and sticky benches).

We’re not sure whether an in-the-works plan to control an impending traffic problem will mitigate the ongoing headache that is likely in the future, but at least there are small mercies.

sgrothjan@observer.com