Boyd Sues Your Neighbors, Loses, Demoralizes, Sues Again, Loses

As Sia might say, she's "got stamina."

Long after many of us gave up on the Quixotic attempt to work with the City to plan the neighborhood's future, she keeps harassing, lying, manipulating, disrupting and most of all, suing.

The Q chose to keep this one closer to the chest as he really didn't want undue publicity to cause more attention to the issue than it was worth. But now that the lawsuit has been decided, I think it's worth sharing some of the gory details. The story, as short as I can, goes like this.

A couple years ago, a group of homeowners on Fenimore btw Bedford and Rogers (just the sort of side street the Q has been clamoring to protect) became alarmed that their block might be on the chopping block, and that soon homeowners would be tempted to sell to developers who would then cut up the lots, like so many other blocks in Central Brooklyn. BUT, they had a plan and some leverage. Deep in the deeds of these south-side of the street homes was the same covenant that led to the creation of the Lefferts Gardens Historic district, a distinction that led to a lowest density R2 zoning that in effect prevents any other uses than single homes. 50 years ago, their side of the street was inexplicably left off the Historic District application.

To achieve R2 for themselves, today, they would have to apply to the Dept of City Planning. With help from a capable consultant - Paul Graziano - they put together a proposal and went to the Community Board for help. CB9 was and is besieged by protests from Alicia Boyd and MTOPP, but the committee managed to offer its support of the Fenimore Block Association's request to co-sponsor the application, despite shout-downs and tantrums. By having a CB co-apply, the FBA was allowed to waive onerous fees in applying. All CB9 had to do, essentially, was sign off on the IDEA of downzoning that one block. Simple. Elegant. Everybody's happy, right?

Wrong. AB and co. concocted a twisted conspiracy theory that somehow your neighbors on Fenimore were in cahoots with DCP to turn this simple request into a district-wide planning study that they believe would lead to massive towers along Empire Blvd. I won't go into how ridiculous that is...if you haven't been paying attention til now, let me simplify. A zoning study would have LIMITED building size and downzoned inner blocks to prevent teardowns in exchange for reasonable sized buildings that are made with mandatory set-asides for affordable units. But it has NOTHING to do with this modest request, and DCP made clear that it is impossible to turn a straighforward spot downzoning request into a neighborhood-wide rezoning.

So what does she do? What she always does. Protest and sue. Sue, sue, sue. Sue me, sue you. (Lionel Richie?) Sue CB9, sue your neighbors, sue the CB9 chairperson and the head of Brooklyn DCP. Sue the way the board runs its meetings, or keeps records, or follows or doesn't follow rules. Why does she do this? To wear you down. To demoralize you. To make you question why you got civically involved in the first place. She sues for power, for supremacy, and to make up for the fact that no one in their right mind would appoint her to anything, ask her official advice on anything, elect her to anything.  I've wasted plenty of time trying to figure her out. But like #45 she's simply too mysteriously deranged to be lumped into a category. The issues are deep, and while she frequently raises good points, she drowns the good with the bad every time out. It's fascinating, unless you're in her cross-hairs, then look out! It's hunting season!

If you want the whole 12-page decision it's fascinating and incredibly well-researched - just email me. One finding in particular of note - Community Boards are not required to provide Open Discussion time. That's not what Open Meetings mean. You're allowed to BE there when public business is being discussed to be decided, and to CB meetings generally, but you're not entitled to a soap box. And Open Meeting laws don't apply when it's just informational for members or when internal information is being shared. If de Blasio calls a bunch of his advisors into his office the public is not entitled to show up. But if a vote is being held or discussed, and it doesn't involve private personnel issues, then yes the press and public are entitled to reasonable access.

So CB9. Cut her off at the mic. No more speeches and disruptions. And if she gets up to make a scene, have her thrown out. The courts have made clear that you have legal standing to take her out of the room when she keeps you from your business. For me, I prefer to save my sanity. I wish you well, new chair Fred Baptiste and company. Enjoy your last Tuesdays of the month!

My favorite bits from the decision below: