Howard Goldman

Central to the concept of zoning is that a developer may rely on the text and build to the limits written into the zoning resolution.  The council has now tinkered with that expectation.  Under a new local law, the council can potentially overcome the “as-of-right” option by adopting a text change on an expedited basis.

The local law was a response to the controversial Two Bridges project, a proposal consisting of three residential towers located on Cherry, South and Clinton Streets on the lower east side of Manhattan. These towers, to be developed by JDS Development Group, L+M Development Partners and CIM Group, and Starrett Development, range from 62 to 79 stories.  city planning ruled that, because the development  complied with the underlying zoning text, the project was not subject to advisory review by the borough president and approval by the city council pursuant to the uniform land use review procedure.      (read more…)

Rendering of the proposed redevelopment at 50 Nevins Street. Image credit: DCP

The City Planning Commission approved the expansion of a mental health treatment facility to include low-income affordable units for individuals and families. On July 26, 2017, the City Planning Commission issued a favorable report on an application for multiple land use actions to facilitate the enlargement and reconstruction of an existing eight-story building by integrating a 10-story horizontal expansion onto an abutting parking lot and three-story addition to the northern portion of the existing building. The applicants, the Institute for Community Living, proposed a zoning map and zoning text amendment at the site, located on the southwest corner of the intersection of Nevins Street and Schermerhorn Street in the Downtown Brooklyn neighborhood. (read more…)

Rendering of the proposed redevelopment at 50 Nevins Street. Image credit: DCP

The proposed rezoning would facilitate the expansion of a mental health treatment facility to include low-income affordable units for individuals and families. On June 21, 2017, the City Planning Commission held a public hearing on an application for multiple land use actions to facilitate the enlargement and reconstruction of an existing eight-story building by integrating a 10-story horizontal expansion onto an abutting parking lot and three-story addition to the northern portion of the existing building. The applicants, the Institute for Community Living, proposed the a zoning map and zoning text amendment at the site, located on the southwest corner of the intersection of Nevins Street and Schermerhorn Street in the Downtown Brooklyn neighborhood. (read more…)

Rendering of proposed development in East Harlem, Manhattan. Image Credit: Perkins Eastman Architects

UPDATE: On June 21, 2017, the City Planning Commission the application from the New York City Education Construction Fund and AvalonBay Communities to redevelop a city block in East Harlem to be appropriate. The proposed development would shift the Marx Brothers Playground to the center of the block and facilitate the construction of two buildings at either end. The eastern building would rise eight stories and contain two public high school relocated from other sites. The western building would rise 63 stories and contain over one million square-feet of residential floor area and the Co-op Tech vocational school.

In its report, the Planning Commission noted the need for new public schools citywide and acknowledged that finding adequate sites and securing funding are major obstacles to addressing that need. The Commission stated that the new high schools would “increase the capacity of the existing overcrowded and outdated schools, allowing more students access to their programs.”

The Commission acknowledged public concern over height and uses of the proposed development. The applicant responded to these concerns by lower the proposed height of the skyscraper from 68 stories to 63 stories. The report noted that the School Construction Fund preferred buildings for new schools be five stories tall, and that the height of the tower would allow the eastern building to be at a height in line with that preference. The Commission also wrote that “there is ample light and air around the block . . . providing the site and neighboring properties with unobstructed light and air from the east.” (read more…)

Sketch of new building adjacent to smaller existing Section 8 building. Image credit: Bedford Arms LLC

Zoning Subcommittee heard proposal on new Brooklyn nine-story affordable building. On May 30, 2017, the City Council’s Zoning Subcommittee heard testimony on an application by Bedford Arms, LLC, to develop a nine-story building with 48 income-restricted dwelling units and 46 government assisted units in Brooklyn’s Crown Heights neighborhood. Stuart Beckerman, of Slater & Beckerman P.C., presented the project to the subcommittee. The applicant sought to up-zone the development site and to designate the site as a Mandatory Inclusionary Housing Area. (read more…)

Rendering of the development designed by Caliendo Architects. Image credit: V Capital Management

Zoning Subcommittee heard testimony on proposed 371-unit complex on Staten Island. On May 30, 2017, the City Council’s Zoning Subcommittee heard testimony regarding an application submitted by Pier 21 Development, LLC, to construct a mixed-use development with 371 residential units in three buildings in Staten Islands’ Rosebank neighborhood. The applicant sought to rezone the development site from manufacturing to residential with a commercial overlay and to expand the Special Stapleton Waterfront District to cover the development. (read more…)