Housekeeping and welcome to Subcommittee on Zoning and Franchises
Council staff conducts zoom checks and welcomes attendees to the hearing, reminding them to silence devices and fill out appearance cards with the sergeant at arms.
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New York City Council
Zoning, 200 Kent Avenue Rezoning, Brooklyn (C 260149 ZMK)
Read summaries and jump into the video at the segment start.
Council staff conducts zoom checks and welcomes attendees to the hearing, reminding them to silence devices and fill out appearance cards with the sergeant at arms.
Councilmember Thomas-Henry fills in for Chair Louis, introduces attending members including Carr, Encarnación, Farías, Schulman, Salaam, Sanchez, and notes the agenda: three votes followed by four public hearings on rezoning proposals across Brooklyn, Queens, and the Bronx.
Chair Thomas-Henry explains hybrid meeting format, two-minute testimony limit, email submission process for written testimony, and decorum requirements including no video recording from the witness table.
Thomas-Henry presents LUs 118 and 119 for a mixed-use residential rezoning in Corona, Queens with 119 apartments and 30 affordable, recommending modification from R7X to R7D given surrounding low-scale context. She supports the application as modified.
Thomas-Henry presents LUs 115 and 116 for enlarging and converting a commercial building in Williamsburg into 143 apartments with 36 affordable, recommending removal of MIH option 2. Councilmember Restler supports the application as modified.
Restler expresses gratitude to the development team, notes the existing Trader Joe's and commercial space will remain, and praises the project for adding housing above the supermarket. He highlights the developer's partnership with the North Side BID formation effort.
Thomas-Henry presents LU 117 to expand the existing Flatiron District concession area to approximately 162,345 square feet, managed by the Flatiron NoMad Partnership, supported by Council Members Wilson and Epstein.
Wilson praises the Flatiron NoMad Partnership's 20-year stewardship, noting post-pandemic growth in demand for pedestrianized streets. He highlights expanded revenue for public spaces, cleaning services, compost bins, and potential public bathrooms, thanking colleagues and staff.
Chair checks for questions, then calls the roll on LUs 117 (Flatiron NoMad), 115-116 (200 Kent Avenue with modifications), and 118-119 (47-03 108th Street with modifications). All seven members vote aye on all items.
By a vote of seven in the affirmative, zero opposing, and zero abstentions, all three items are approved as described and referred to the full land use committee.
Chair Thomas-Henry opens the preconsidered LU hearing for 815 Hutchinson River Parkway, a commercial rezoning in the Ferry Point neighborhood of the Bronx in Councilmember Aldebol's district, seeking to change M1-2 to C8-3 to allow large retail including a supermarket.
Aldebol supports the rezoning to expand commercial usage without changing the shopping center's footprint, but raises concerns about vehicular traffic, the Hutchinson River Parkway entrance near the Whitestone Bridge, and cumulative traffic impacts from Bally's Casino construction and nearby schools.
Chair calls the applicant panel consisting of Justin Jarboe, with Jeff Klein and Michelle Dugo joining online. The oath is administered before testimony begins.
Jarboe of Roth Crew presents the rezoning from M1-2 to C8-3 for the Throg's Neck Shopping Center, explaining the site's location near the Bruckner Interchange and Whitestone Bridge. He details how 1961 M1 zoning restrictions limit retail stores over 10,000 square feet, preventing a supermarket from locating at the center.
Jarboe shows the proposed C8-3 zoning boundary coterminous with the shopping center parcel, noting no density increase is sought. He describes existing conditions: 410,000 square feet of development, 875 parking spaces, and current tenants including Target (below grade), TJ Maxx, Petco, Applebee's, and the NY Blood Center.
Jarboe explains the proposed 30,000 square foot grocery store on the upper floor requiring a 10,000 square foot addition, with no specific grocer identified yet. He addresses Winter Place traffic concerns, describing a proposed Lafayette Avenue left-turn solution blocked by DOT's pending bike lane plan, and notes Community Board 10 and the Bronx Borough President recommended approval.
Thomas-Henry asks why the applicant seeks rezoning without an identified grocer. Jarboe explains no supermarket will sign a lease until zoning is in place. Danielle Contillo confirms no other tenants have sought larger footprints, and the former Party City space was filled by the NY Blood Center during the lengthy application process.
Aldebol presses the applicant on which supermarket chains have been in discussions and emphasizes the district's interest in retailers creating good jobs. Danielle Contillo says partner Aaron Malinsky handles tenant conversations and is not present. Adam Rothkrug confirms wide interest from various supermarket chains and acknowledges the jobs concern.
Aldebol raises concerns about the problematic Hutchinson River Parkway entrance to the mall obstructing traffic, including emergency vehicles, compounded by Bally's Casino construction and PepsiCo trucks. Jarboe and Klein explain their proposed Lafayette Avenue traffic remediation plan was blocked by DOT's bike lane proposal, but they remain open to revisiting it if the bike plan falls through.
Farías asks about elevator access to the lower parking level, learning Target owns its level as a separate condominium. She suggests exploring construction options to improve traffic flow to the bottom lot, citing Bruckner Plaza's Aldi's as a model for up-and-down parking access, and encourages coordination with Bally's and PepsiCo on traffic solutions.
Farías emphasizes the need for a throughway on the Lafayette side and offers to support conversations as a neighboring district member. The applicant confirms the Lafayette cut-through remains the most viable solution if DOT reconsiders its bike lane plan, and traffic studies show the supermarket addition would not significantly increase traffic.
Farías asks whether bringing in a new supermarket retailer would create competition with Target, which already sells groceries. The applicant confirms Target owns its space as a separate condominium and there is no concern about competition, as substantial interest from supermarket chains remains.
Chair checks for public testimony in person and online; no members of the public are signed up. The public hearing is closed and the item is laid over.
Chair Thomas-Henry opens the preconsidered LU hearing for 862-868 Kent Avenue, a residential rezoning in Bed-Stuy, Brooklyn, in Councilmember Restler's district, proposing 74 apartments with 19 permanently affordable under MIH.
Restler notes his district shrank 18% in redistricting due to high development. He praises the project, noting one developer lives down the block, and highlights commitments to community facility space including a shul and mikvah, with a majority of units being two-to-four bedrooms. He also thanks staff member Hannah for her role in the 200 Kent project.
Chair calls applicant panel consisting of Eric Palachnik and Saul Federer joining online. The oath is administered before testimony begins.
Palachnik briefly presents the rezoning to M1-4/R6A (MX district), consistent with adjacent R7A. Two buildings are proposed: Building A at nine stories with 50,000 square feet, Building B at six stories with 13,000 square feet, totaling 74 dwelling units with 18 affordable. The unit mix is heavy on multi-bedroom units, and a synagogue is planned at the cellar level.
Thomas-Henry asks why the rezoning area excludes a property along Taft Place and why only two of three lots are being redeveloped. Palachnik explains the rezoning area extends 240 feet but only two sites are being developed. On building bulk, he shows the neighboring school is 87 feet tall while the proposed building is 90 feet, making them analogous in height.
Restler asks about two businesses at the site: Lights Out and a confectionery business. Palachnik confirms the confectionery has relocated to New Jersey with the developer's assistance, and Lights Out is moving to 73 Kent Street in Greenpoint, still within the district. Solomon Federer confirms the NJ business owner is happy with the facilitated move.
Restler confirms plans for both a shul and mikvah on site, then presses on MIH option one. Federer prefers mapping all three MIH options for bank financing flexibility but charges below MIH rates in other buildings. Restler insists on option one as precedent, praises Federer's sterling community reputation for helping vulnerable residents, and commits to continuing the MIH conversation. Federer explains the project is driven by the existing synagogue's lack of seating capacity.
Chair checks for public testimony in person and online; no members of the public are signed up. The public hearing is closed and the items are laid over.
Chair Thomas-Henry opens the preconsidered LU hearing for 158-06 Northern Boulevard, a residential rezoning in Flushing, Queens, in Councilmember Ung's district, proposing 76 apartments with 19 permanently affordable under MIH.
Chair calls applicant panel consisting of Frank St. Jacques of Ackerman LLP and Andrew Esposito with the applicant. The oath is administered before testimony begins.
St. Jacques presents a transit-oriented rezoning on Northern Boulevard in the Murray Hill neighborhood of Queens CD7, currently zoned R5B-C1-2 and R2. He notes nearby R6 and R7 districts mapped along Northern Boulevard, including an R7X approved nine blocks west in spring 2026, and an R12A district north of Northern Boulevard from the 2009 North Flushing rezoning protecting interior blocks.
St. Jacques describes the commercial character along Northern Boulevard versus residential mid-blocks, the site's corner location adjacent to Galaxy Plaza Shopping Center and Dar al-Taqwa Islamic Center. The proposed R7A with C2-4 overlay facilitates a 10-story mixed-use building with 73 apartments, 26 parking spaces, and an all-electric building system aligned with city housing policy.
St. Jacques details MIH option one requiring 25% of residential floor area at a weighted average of 60% AMI with 10% at 40% AMI, resulting in 18 units at 40%, 60%, and 80% AMI. He notes CD7 has the highest rent burden population in Queens at nearly 57%, third highest in the city.
Thomas-Henry asks about engagement with non-applicant site owners (conversations held but not actively involved), plans for commercial space (undetermined but strong local retail market), and existing site conditions (previously a dialysis center, now demolished and vacant). She notes nearby cleaners and restaurant closures as potential tenant connections.
Thomas-Henry raises Community Board 7's concern that the development is out of scale. St. Jacques explains R7A is intended for wide streets like Northern Boulevard, CD7 voted 26% in favor, and the R12A to the north protects low-density mid-blocks. He acknowledges no R7A buildings exist within a two-to-three block radius but cites the rationale for transit-oriented density.
Thomas-Henry asks about building height (10 stories, though R7A allows 11), parking (26 spaces), and the planning rationale for including the Islamic Center lot in the L-shaped rezoning area. St. Jacques explains the eastern portion has historically been non-residential, the Galaxy Plaza wraps the block, and the LIRR creates a wide street condition, making the zoning boundary logical.
Council staff announces four in-person witnesses and one online witness, explaining panel procedures, two-minute time limits, and instructions to wait for the sergeant at arms to start the clock before speaking.
Morris describes how the LIRR right-of-way funnels north-south traffic through 158th Street, creating chronic congestion. He notes increased car registrations post-COVID, nearby schools and mosque attracting traffic, and argues the development would exacerbate problems. He suggests developing at Flushing Airport instead.
Betchy, a homeowner of four decades, opposes the rezoning as out of character with the area. She cites CB7's disapproval vote, the neighborhood's 1906 planned garden suburb design with perpetual restrictive covenants in deeds, and the Broadway Flushing Homeowners Association's role in preserving the community's historic character.
Wong describes paying $3,000+ for a three-bedroom as normal in Flushing, notes friends living in basements, and jobs impacted by outsourcing and AI. She wants to stay near her aging parents and worries her children won't afford to live in the Chinese American community where they were raised, urging support for the affordable housing project.
Wang, a Flushing resident of 10 years with two children, describes rising rents making it harder for working families to stay. He supports the 158th Street and Northern Boulevard project, calling it a positive step toward providing affordable housing for middle-class families in the community.
Ferone supports the Broadway Flushing Homeowners Association and acknowledges change brings productivity and jobs, but asks the council to seek a mutually beneficial solution that respects the neighborhood's aesthetic and is not completely out of character, welcoming development that fits the community.
Chair checks for additional public testimony; none is offered. The public hearing is closed and the items are laid over.
Chair Thomas-Henry opens the preconsidered LU hearing for 132 Melrose Street, a residential rezoning in Bushwick, Brooklyn, in Councilmember Gutierrez's district, proposing 18 apartments with up to five permanently affordable depending on the MIH option selected.
Gutierrez notes meeting with applicants twice and CB4, describing it as a smaller proposal on a former manufacturing site in the Northwest Bushwick Rheingold area. She praises the property owners as good partners responding to community interest in maintaining manufacturing, and raises concerns about speculation and displacement of remaining residential buildings on the block.
Chair calls applicant panel consisting of Ron Mandel of Belkin Burden Goldman and Frank Noriega. The oath is administered before testimony begins.
Mandel describes the project area of five tax lots in Bushwick, three owned by two families active in the neighborhood for 17 years. The rezoning from M1-1 to M1-2A/R6A (MX district) with MIH mapping would bring two non-conforming residential lots into conformance. The site is within walking distance of J and Z trains.
Mandel shows the unique M1-1 pocket in the neighborhood, with the nine-story Denizen Building across the street (built 2019 from the Rheingold rezoning) making truck operations unsafe on the 50-foot-wide Melrose Street. The business has relocated 24 employees to a warehouse at 6 Stanwix with proper loading facilities.
Mandel shows 1940s images of residential buildings on the five lots, noting three were demolished by the 1970s. He presents current photos showing the two lots used for parking and loading, the two-story warehouse building, adjacent non-conforming residential uses, and a six-story office building on Evergreen Street.
Noriega explains the M1-1 district mapped since 1961 doesn't reflect the area's predominantly residential character. After consulting with the councilmember and community board, an MX district was chosen to maintain industrial uses. The proposed 3.9 FAR building would have 25,000 square feet, predominantly residential with light manufacturing on the ground floor.
Noriega describes dividing the 6,000 square foot ground floor into two smaller spaces for light manufacturing such as maker spaces, furniture making, or coffee roasters, based on feedback from the Evergreen Exchange. He outlines sustainability features including green roofs, all-electric appliances, heat pumps, energy-efficient lighting, and low-flow plumbing fixtures.
Thomas-Henry asks why the rezoning is limited to five lots. The applicant explains the three development lots plus two adjacent residential lots for conformance, with the MX district designed to potentially extend westward toward Evergreen Street in the future. The current business (electric part distribution) has permanently relocated and will not return.
Thomas-Henry relays Gutierrez's questions about securing a light industrial tenant. The applicant confirms they are marketing the space and have received interest, committing to design the ground floor with higher ceiling heights and greater load capacity to accommodate industrial uses, as requested by the Evergreen Exchange.
The applicant confirms no studios will be included in the building, is open to working with a local organization to market MIH units, and details energy-efficient systems including heat pumps, green roofs for stormwater absorption, electric appliances, energy-efficient lighting, and low-flow plumbing fixtures, though no solar panels are planned.
Chair checks for public testimony in person and online; no members of the public are signed up. The public hearing is closed and the items are laid over.
Chair Thomas-Henry thanks the public, colleagues, subcommittee counsel, land use staff, and sergeant at arms for participating, and adjourns the meeting.