The Flatbush Caton Market at 794 Flatbush Avenue.

Approval would allow the construction of 251 Affordable Units above a local vendor market and community facility. On March 28, 2017, the City Council’s Zoning Subcommittee will consider an application from the Department of Citywide Administrative Services to dispose of city-owned property, transferring the property to BRP Caton Flats LLC. The subject lot is located at 794 Flatbush Avenue in Brooklyn’s Flatbush-Ditmas Park neighborhood. The development application also requires a zoning map amendment to change the project area from R7A and R7A/C2-4 zoning districts to an R8A/C2-4 zoning district, and a zoning text amendment to designate the location as a Mandatory Inclusionary Housing Area. (read more…)

Calvin Wong testifies before the Board of Standards and Appeals. Image credit: BSA

On July 28, 2015, the Board of Standards and Appeals voted to grant a zoning variance to the applicant, Akerman Senterfitt LLP, for the construction of the Brooklyn School for Medically Frail Children in the Ditmas Park neighborhood of Brooklyn.  The construction would yield a pre-kindergarten school at 570 East 21st Street with dormitory facilities for physically-handicapped children who require breathing ventilation and general respiratory care throughout at least part of the school day.  The school would anticipate enrollment of up to 50 students, 20 of whom would be expected to live in the on-site housing facilities.

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BSA allows three-story synagogue in Midwood. Merkaz, a nonprofit religious institution, sought a variance from yard, FAR, lot coverage, height and setback zoning regulations in order to construct a three-story synagogue with an accessory pre-school at 1739 Ocean Avenue in the Midwood neighborhood of Brooklyn. The synagogue would serve a 20- family congregation, while the school would offer religious education for children and adults.

Citing concerns over the impact the development would have on neighborhood character, Brooklyn Community Board 14 recommended disapproval of Merkaz’s application. For the same reasons, several members of the community testified against the proposal at the public hearings, which were held last year.

Merkaz argued that the variances would yield a building consistent with the surrounding neighborhood, and provided photographic evidence of nearby buildings comparable in size to its proposed development. Moreover, Merkaz claimed that complying with zoning restrictions would yield a building that is too narrow to accommodate worshippers, and that its congregation currently has no formal place of worship.

BSA granted the variance, noting that as a religious and educational institution, Merkaz is entitled to significant deference under the law when considering zoning issues. BSA further noted that a finding of economic hardship is unnecessary because of Merkaz’s religious and non-profit mission. Finally, BSA found that the variance represented the minimum departure from the zoning restrictions that allowed Merkaz to fulfill its programmatic needs without unduly impacting neighborhood character.

BSA: 1739 Ocean Ave., Brooklyn (315-06-BZ) (Jan. 15, 2008) (Eric Palatnik, for Merkaz). CITYADMIN

Midwood rezoned to encourage appropriate higher density development. On February 22, 2006, the Planning Commission unanimously approved a rezoning impacting 80 predominantly residential blocks of Midwood, Brooklyn. The rezoning was proposed in response to out-of-scale development permitted by the R6 district’s community facility bonuses that increased FAR from 2.43 to 4.8. Designed to preserve the character of both low-density small homes and high-density apartment buildings, the proposal down-zones portions of 56 blocks into several lower-density districts (R2, R4-1, R5, and R5B), and up-zones portions of 55 blocks into R7A districts. The down-zoned areas will curb over-development by allowing fewer community facility bonuses and by requiring street wall height limits, side yards, and off-street parking. The up-zoning, predominantly along Avenue M, Ocean Avenue, and Kings Highway, will allow medium-density contextual residential development with an FAR of 4.0 and a 60-foot street wall height. The R7A district will also require that developers provide parking for half of the units available as well as a quality housing program. Additionally, a C2-3 commercial overlay will be reduced along Avenue M, 10 blocks along Avenue J will be rezoned C4-4A, and new C2-3 commercial overlays will be created along Coney Island Avenue.

At the Commission’s January 11, 2006 public hearing, speakers included representatives of Council Member Michael C. Nelson, Community Board 14, and the Council of Jewish Organizations of Flatbush, along with residents; all of whom testified in favor of the proposal, saying that it was effective in both preserving character and allowing new development. Speakers in opposition included developers, property owners, and residents who argued that the neighborhood had a greater need for new housing than was permitted in the rezoning and that the changes would impede their ability to redevelop their properties. (read more…)