BSA ruled that owner made sufficient progress on construction prior to downzoning. In late 2008, Buildings issued permits to Selvakumar Rajaratnam to construct two four-story buildings with seven dwelling units each at 37-45 and 37-47 98th Street in North Corona, Queens. On March 24, 2009, the City Council approved the North Corona 2 rezoning, which rezoned the site from R6B to R5A, and rendered the proposed buildings out-of-compliance with maximum permitted floor area, number of units, and height, setback, yard, and parking requirements. Because the buildings’ foundations had not been completed by the enactment date, the permits lapsed. Rajaratnam filed an appeal with BSA to complete construction.

At a hearing, Rajaratnam submitted affidavits and photographs demonstrating that he had completed 100 percent of the shoring, 40 percent of the excavation, and 49 percent of the foundation work prior to the rezoning. Rajaratnam claimed that he had spent $134,279 on the project prior to the rezoning, which accounted for eleven percent of the project’s $1,198,193 budget. Rajaratnam said that in order to comply with the new zoning, he would need to reduce the number of residential units in the proposed buildings from fourteen to two, which would result in a 77 percent decrease in annual rental income. Queens Community Board 3 opposed the application. (more…)

Rezoning proposed to prevent attached homes in area settled by freed slaves in 1827. On February 3, 2010, the City Council approved State Senator Andrew J. Lanza’s rezoning proposal for the Sandy Ground neighborhood of Staten Island. Sandy Ground, also known as Rossville, is listed on the National Register of Historic Places and recognized as one of the country’s oldest communities established by freed slaves. The rezoning impacts 35 blocks generally bounded by the West Shore Expressway to the north and west, Ramona Avenue to the south, and Lenevar and Alverson Avenues to the east.

The area is characterized predominantly by detached and semidetached homes, but over the past several years Sandy Ground has experienced an increase in the development of attached townhouses and multi-family buildings. The rezoning aims to prevent out-of-scale development by down-zoning the area from R3-2 to R3-1, a district that does not permit attached homes. (more…)

Developer requested rezoning in order to provide additional residential units. On February 3, 2010, the City Council approved Webster Commons LLC’s proposal to rezone a section of Webster Avenue in the Bronx from R6 to R7X to facilitate the development of a 393-unit affordable housing project. The rezoning impacts an unimproved portion of Webster Avenue 800 feet north of East Gun Hill Road and east of Woodlawn Cemetery. Webster Commons requested the up-zoning in order to add 125 additional residential units.

Webster Commons intends to construct a four-building residential complex, varying in height from nine to thirteen stories, on a two-acre parcel purchased from Woodlawn Cemetery. The project will include 10,000 sq.ft. of community facility space and 94 below-grade parking spaces. The developer will market 148 units as affordable to households making 60 percent of area median income, 191 units to households making between 80 and 130 percent of area median income, and 54 units as affordable senior housing. A small ravine that crosses the property, providing groundwater drainage for the cemetery, will be maintained as a natural area for the project’s residents. (more…)

State court judge granted a preliminary injunction blocking the plan the day after full Council approval. On December 21, 2009, the City Council approved the Department of Housing Preservation and Development’s rezoning plan for the Broadway Triangle Urban Renewal Area in South Williamsburg, Brooklyn. The plan includes rezoning nine blocks, primarily zoned for manufacturing, to R6A and R7A districts in order to facilitate the development of 1,851 residential units, 844 of which will be marketed as affordable. Of those, 488 affordable units will be developed on 35 properties that will be disposed of by the City to private developers. Prior to the plan’s approval, HPD issued site authorization letters to the United Jewish Organizations (UJO) and the Ridgewood Bushwick Senior Citizens Council (RBSCC) to develop 181 affordable units on three assemblages of lots in the urban renewal area.

Opponents of the proposal expressed concern about HPD’s planning process and argued that the proposal would not provide enough affordable housing. The Broadway Triangle Community Coalition, a group representing more than 40 community-based organizations, said the planning process lacked transparency, noting that HPD did not use a competitive bid process when it granted site control to the UJO and RBSCC. On September 9, 2009, before the City Planning Commission approved the plan, the Coalition filed a lawsuit challenging the proposal. The Coalition claimed the proposal violated federal law because of its racially and religiously discriminatory impacts and accused the City of excluding several community groups from participating in the proposal’s planning. (more…)

The Briarwood Organization requested a rezoning in order to expand offices on adjoining property. On October 14, 2009, the City Council approved the Briarwood Organization LLC’s proposal to extend a C2- 2 commercial overlay within an existing R4 district on Bell Boulevard between 36th and 38th Avenues in Bayside, Queens. The C2-2 overlay had previously extended 200 feet north of the intersection of Bell Boulevard and 38th Avenue, stopping at a two-story building at 36-35 Bell Boulevard that is occupied by Briarwood’s offices. The underlying R4 district does not permit commercial and office uses, and Briarwood requested the rezoning in order to expand its offices by building an attached four-story structure north of its existing building on property currently owned by Redeemer Lutheran Church.

Briarwood originally proposed extending the C2-2 overlay’s boundary 300 feet north to the corner of Bell Boulevard and 36th Avenue. During its review of the application, however, the City Planning Commission limited the overlay extension to 50 feet. The Commission noted that this would be sufficient to allow Briarwood to develop its planned office and community facility building on the adjacent lots. (more…)