Willets Point United Inc.

P.O. Box 560191 College Point, New York 11356

October 4, 2013 Hon. Leroy Comrie New York City Council District 27 113-43 Farmers Boulevard St. Albans, New York 11412 Re: Proposed Willets West mall / Willets Point development CEQR No. 07DME014Q Deliberate omission of property from Brownfield Cleanup Program

Dear Council Member Comrie: As you know, the proposed Willets Point development is fraught with glaring discrepancies between what the project was supposed to be, versus what the City's chosen developers, Sterling Equities and Related Companies, actually intend to do. Now yet another deception has come to our attention. Thorough remediation of Willets Point property has always been touted as an alleged benefit of this proposed development. Sterling/Related have even tried to create the impression that the remediation of Willets Point property is such a benefit, that the public should tolerate the drastic changes that Sterling/Related want to impose on the redevelopment plan that was approved in 2008. But now we find that Sterling/Related are even deceiving us concerning the remediation. Sterling/Related have said that they are enrolling the project into NYSDEC's Brownfield Cleanup Program ("BCP"). But what Sterling/Related have not publicly said, is that they are deliberately excluding from the BCP certain notorious property that, by the developers' own reasoning, may be most in need of remediation and most deserve NYSDEC scrutiny pursuant to the BCP. Significance of enrollment in BCP: For property that is enrolled in the BCP, upon successful completion of remediation NYSDEC will issue a Certificate of Completion attesting, among other things, to "the satisfaction of the Commissioner" that "the applicable remediation levels set forth in the ECL have been or will be achieved" and that "[t]he remedial program for the Site has achieved a cleanup level that would be consistent with" certain uses. Under the circumstances, in which the public is paying for the remediation and NYSDEC will issue a Certificate of Completion for properties that are enrolled in the BCP, the public rightly expects that all of the Willets Point "Phase One" property that is to be developed by Sterling/Related will be enrolled in the BCP and subject to NYSDEC's scrutiny.

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Mysterious exclusion of numerous lots from the BCP: We understand that Willets Point Phase One property that is not owned by the City cannot be enrolled in the BCP at this time. But the City claims to already own 95 percent of the Phase One property. All of the City-owned lots within Phase One that Sterling/Related intend to develop should be included within the developers' pending BCP application. But that is not the case. Numerous City-owned properties located within Phase One lots which Sterling/Related fully intend to develop are mysteriously excluded from Sterling/Related's BCP application. For example, Block 1824, Lot 1 a relatively large property is already owned by the City, but Sterling/Related have deliberately omitted it from their BCP application. Compare the attached maps depicting the intended Willets Point Phase One development excerpted from the Final Supplemental Environmental Impact Statement (showing Assemblage Options 1 and 2), both of which include Block 1824, Lot 1, with the next attached map excerpted from Sterling/Related's BCP application, specifying which blocks and lots Sterling/Related intend to enroll in the BCP, which mysteriously excludes Block 1824, Lot 1. It so happens that Block 1824, Lot 1 was for several decades the location of Sambucci Bros. Auto Salvage an automobile wrecking and dismantling businesses that handled a large quantity of vehicles. By Sterling/Related's own reasoning, property with a history of such use is exactly the kind that should be most in need of remediation and that the public wants to be assured will be remediated to the high standards of the BCP Certificate of Completion, and nothing less. Yet, Sterling/Related have deliberately omitted this property from their BCP application, so that it will be excluded from the BCP. Why? In addition to Block 1824, Lot 1, other properties that are owned by the City and intended to be developed by Sterling/Related are also deliberately excluded from Sterling/Related's BCP application, such as Block 1824, Lot 12; Block 1824, Lot 21; Block 1824, Lot 28; Block 1825, Lot 55; Block 1826, Lot 1; and Block 1826, Lot 31. Online City records indicate that the City acquired all of those lots long before Sterling/Related submitted their BCP application to NYSDEC. It is not in the public's interest for Sterling/Related to cherry-pick certain Phase One properties especially properties whose prior uses fit the profile that Sterling/Related allege requires extensive remediation and deliberately omit those lots from the BCP application so that they are excluded from the BCP, and so that no Certificate of Completion for those lots will be issued by NYSDEC pursuant to the BCP. Sterling/Related have never publicly explained why they are deliberately excluding certain properties including the former Sambucci Bros. Auto Salvage site from the BCP; nor have they even publicly admitted that they are doing so. To the contrary: Sterling/Related's representative testified to the City Council on September 3, 2013 that "we're gonna clean our 23 acres; we have enrolled this project into the

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New York State Brownfield Cleanup Program" creating the false impression with the Council that all of the affected Phase One properties will undergo the program. Withholding property from the Brownfield Cleanup Program should be the last straw a clear warning to decision-makers that this development, which is supposed to remediate property once and for all, is not being properly implemented. It is bad enough that Sterling/Related have already compromised the affordable housing, the schedule, the new Van Wyck ramps, 30+ acres of Queens parkland, and so much else. It is too much to allow them to also compromise the remediation that is literally at the foundation of this project. The pending ULURP application of Sterling/Related has obviously been rushed to coincide with the end of Mayor Bloomberg's final term, and the integrity of the Willets Point project originally approved by the City Council in 2008 has been sacrificed. None of that is necessary. Denying this ULURP application of Sterling/Related will allow the next City administration to take a fresh look at this project, and to ensure that its goals including thorough remediation of property are respected, not evaded by a developer. Sincerely,

Gerald Antonacci On behalf of Willets Point United Inc. 2 enclosures cc: All City Council members New York State Senator Tony Avella New York State Senator Jos Peralta

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INT BLVD. COLLEGE PO

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Assemblage Option 1

Assemblage Option 2

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District Land Assemblage Options for Phases 1A/1B

WILLETS POINT Development

Figure 1-7

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