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New York City Council
Zoning, Fort Hamilton Mews Rezoning, Brooklyn (C 260238 ZMK)
Read summaries and jump into the video at the segment start.
Staff welcomes attendees, asks them to silence devices, directs testimony slips to the sergeant at arms, prohibits approaching the dais, and turns the meeting over to Chair Louis.
Chair Farah Louis opens the Subcommittee on Zoning and Franchises, identifies herself, and lists attending council members including Farias, Shulman, Salaam, Felder, Carr, and Sanchez.
Chair Louis states the subcommittee will vote on five proposals and hold three hearings, listing Fort Hamilton Mews, Park Avenue Brooklyn, 289 Kent Avenue, Sojourner Truth–Mapes, 69-67 108th Street, 108-05 68th Road, 100-12 Queens Boulevard, and South Richmond open space.
Chair Louis describes the hybrid format, remote registration, in-person speaker cards, live stream viewing, muting until recognized, and the two-minute limit for public witnesses.
Chair Louis directs written testimony to the land use testimony email, requires submission within three days after the hearing closes, and asks witnesses to include the LU number or project name in the subject line.
Chair Louis requests remote witnesses remain until excused, states decorum must be observed, prohibits public speaking unless testifying, reserves the witness table, and bans video and photography at the table.
Chair Louis introduces LUs 131 and 132 for Fort Hamilton Mews in Bay Ridge, describing 292 apartments with up to 88 affordable, zoning map and MIH actions, and recommends limiting rezoning to R7D and adding MIH option 1.
Chair Louis introduces LUs 133 and 134 for Park Avenue rezoning, describing 391 apartments with up to 101 affordable, M1-1 and M1-2 to M1-4 and R6-1 changes, and recommends removing MIH option 2.
Chair Louis introduces LUs 139 and 140 for 289 Kent Avenue in Williamsburg, describing 270 apartments with up to 83 affordable, M3-1 to M1-3A and R7X and M1-2A changes, and recommends removing MIH option 2 and adding option 3.
Chair Louis introduces LUs 135 and 136 for Sojourner Truth–Mapes in Crotona, Bronx, describing two 100% affordable buildings with 457 income-restricted apartments, R7-1 and C1-4 to R8 and C2-4 changes, and MIH mapping.
Chair Louis introduces LUs 137 and 138 for 69-67 108th Street in Forest Hills, describing 59 apartments with up to 18 affordable, R1-2A to R7D and C2-4 changes, and recommends removing MIH option 2 and adding option 3.
Chair Louis asks for questions, none respond, then calls a vote to approve LUs 135 and 136 and approve with modification LUs 131 and 132, 133 and 134, 137 and 138, and 139 and 140, and asks council to call the roll.
Staff calls Chair Lewis, who votes aye; Council Member Farías requests permission to explain her vote, states concerns about Sojourner Truth–Mapes union and community board negotiations, and votes aye on all.
Staff calls Council Member Shulman, who explains support for the 108th Street project and applicant promises on community space, then votes aye on all.
Staff calls Council Member Salaam, who votes aye; Council Member Felder is called; Council Member Encarnación votes aye.
Staff calls Council Member Sanchez, who votes aye on all items except LUs 135 and 136, for which he votes no.
Staff calls Minority Leader Carr, who expresses frustration about limited council negotiating authority, member deference, and the bottom 12 fast-track changes, but votes yes on Fort Hamilton Mews and the other projects.
Staff reports eight affirmative votes for all items except Sojourner Truth–Mapes, and seven affirmative and one opposing for LUs 135 and 136; the vote remains open as hearings proceed.
Chair Louis opens the pre-considered hearing for 108-05 68th Road in Forest Hills, describing a mixed-use residential building with about 33 apartments and eight permanently affordable units under MIH.
Chair Louis explains remote registration, in-person speaker cards, and written testimony email for the 108-05 68th Road hearing.
Council Member Shulman thanks the applicant team for presenting the 108-05 68th Road proposal and says she looks forward to working with them on affordable housing and public services.
Shulman expands on Council Member Carr's remarks, explaining that city charter proposals voted on last year and up for a vote in November will exclude the City Council from input on certain projects, limiting future negotiations.
Chair recognizes Council Member Thomas-Henry, who asks to explain her vote, cites member deference and ongoing Bronx project concerns from the union and community board, and votes aye.
Staff reports nine affirmative votes for all items except Sojourner Truth–Mapes, and eight affirmative and one opposing for LUs 135 and 136; the items are referred to the full Land Use Committee.
Chair Louis calls Richard Lobel, Rebecca Duvodian, Jacqueline Diaz, Kevin Corte, Devin Murray, and Joshua Shemsiev; counsel administers the oath to those present, and Lobel notes one panelist will not speak.
Chair Louis tells the applicant panel they have 10 minutes, should start concluding at eight minutes, and must restate their name and organization before beginning.
Richard Lobel of Sheldon Lobel speaks for All My Children Daycare and Nursery School, introduces the 108-05 68th Road rezoning, and outlines that he will cover land use rationale while Devin Murray covers architecture.
Lobel describes rezoning from R1-2A to R7A for a seven-story mixed-use community facility and residential building, with a nonprofit nursery and youth center, plus mandatory inclusionary housing at option one.
Lobel presents the development numbers: about 5 FAR, 11,000 square feet of community facility, 27,900 square feet residential, 75-foot height, 12 cellar parking spaces, and 33 units including eight affordable.
Lobel reviews the existing R1-2A zoning, its history since 1961, surrounding R7-1, C4-5X, C4-4A, and R8X districts, and argues the site is contextual with larger nearby buildings.
Lobel shows the tax map with the roughly 7,800-square-foot lot and adjacent lot six that would be rezoned.
Lobel argues the site is transit-rich near subway and LIRR, notes no residential displacement, highlights community facility needs, says Queens Community Board 6 approved the rezoning 35 to 4, and hands off to Devin Murray.
Murray introduces the proposed rendering, confirms 33 apartments with eight affordable, and notes the building fits within seven stories under the proposed FAR.
Murray shows the project's neighborhood relationship and cellar plan, explaining 12 parking spaces are provided voluntarily to keep cars off the street.
Murray describes the first-floor community facility and lobby, second-floor community facility with play terrace, typical residential floors with one- and two-bedrooms, and seventh-floor setback with a three-bedroom and outdoor recreation space.
Murray shows the building section with seventh-floor setback and 75-foot height, massing model distinguishing community facility and residential uses, and 3D renderings and elevations in neighborhood context.
Lobel reiterates community board support, contextual height, thanks Council Member Shulman for guidance, emphasizes the nonprofit child care and teen services, and asks for council support.
Chair Louis notes parking is below the waiver threshold and asks how the applicant chose 12 spaces; Lobel explains the community board appreciated some parking for nonprofit pickup and drop-off and employees.
Chair Louis asks whether a commercial overlay was considered; Lobel says city planning felt residential and community facility uses were more appropriate because the site is farther from Queens Boulevard commercial overlays.
Chair recognizes Shulman; Shulman asks which MIH option and whether the ground-floor daycare is applicant-run; Lobel says option one and yes, and Jacqueline Diaz projects about 120 children.
Shulman asks whether the applicant will include vehicle charging and how the building will address flooding; Lobel says they are considering EV charging, and Murray explains a blue roof will retain stormwater and release it slowly.
Shulman thanks the applicant and says she has no further questions.
Chair Louis invites other members to ask questions, then asks if any public witnesses wish to testify remotely or in person; staff reports one in-person witness but none online, and the panel is excused.
Chair Louis explains that public witnesses will be called in panels of three, should stand by when named, will be removed after their panel testifies if remote, and have two minutes to speak.
Chair Louis calls names, learns the witness is for the next project, staff confirms no one signed up for 68th Road, and after a last call the public hearing is closed and items are laid over.
Chair Louis opens the pre-considered hearing for 100-12 Queens Boulevard in Forest Hills, describing a mixed-use residential building with about 389 apartments and 97 permanently affordable units under MIH.
Chair Louis explains remote registration, in-person speaker cards, and written testimony email for the 100-12 Queens Boulevard hearing.
Shulman thanks the applicant, notes community concerns about proposed density and displacement of small businesses including a CVS, and mentions concerns from the Fontaine co-op.
Shulman apologizes that she cannot meet directly with Fontaine residents because the co-op retained counsel, asks them to work through the attorney, and notes the area is vulnerable to stormwater flooding.
Shulman says that while she shares concerns and will keep working with the development team, she continues to support bringing more affordable housing to Forest Hills.
Chair Louis thanks Shulman, calls Rachel Loeb, Edward Wallisch, Jay Siegel, and Chris Fogarty, and counsel administers the oath.
Chair Louis tells the applicant panel to begin, wrap up at eight minutes, and restate names and organizations.
Ed Wallace, former council member and attorney for Benenson Capital Partners, introduces Rachel Loeb and architect Chris Fogarty, and notes early communication with Council Member Shulman.
Wallace says Benenson has listened to the community, is close to a documented agreement with the Fontaine neighbors, and will discuss preserving retail tenants and labor union support.
Rachel Loeb explains she represents the Benenson family, which has owned the property for 70 years, and describes the intention to redevelop with more housing, affordable units, and continued retail legacy.
Jay Siegel describes the site on Queens Boulevard between 67th Avenue and 67th Road, current R7-1 and C1 zoning, and the requested R9X and C2 rezoning with MIH option 1.
Siegel shows that as-of-right construction would be set back from streets and only about 20 feet from the Fontaine, while the proposed R9X building would have a street wall on Queens Boulevard and be set back almost 50 feet from the neighbor.
Siegel uses a site depiction to show the as-of-right building would be near the Fontaine's loading berth, while the proposed building would be set back nearly 50 feet.
Siegel says rezoning would increase units from 132 to 389, with about 100 affordable units, and that the proposed 215-foot height is comparable to nearby buildings like the Vista.
Loeb says the project responds to the housing crisis with about 100 affordable units at MIH option 1, and Benenson is committed to bringing back neighborhood-serving retail with improved spaces.
Loeb says the project will widen sidewalks, add street trees, exceed sustainability code as an all-electric building, include bike rooms, 38 parking spaces, EV charging, and FDNY-approved micromobility.
Loeb notes the team listened to community board requests and incorporated them, then transitions to Chris Fogarty for design.
Chris Fogarty of Fogarty Finger Architects presents a 21-story masonry building, explains use of Tudor red brick and street wall setbacks, and describes smaller retail bays, wider sidewalks, and street trees.
Chair Louis thanks the applicant, notes they finished on time, and says she has questions before handing to Council Member Shulman.
Chair Louis asks how many affordable units will have two or more bedrooms; Rachel Loeb says design is not final but the last plan had about 25 to 30 percent two- and three-bedrooms.
Chair Louis asks about the 38 accessory parking spaces; Loeb explains it is one level of self-parking in the basement alongside mechanical, storage, and bike rooms.
Chair Louis asks whether the applicant considered a subway improvement density bonus; Loeb says they looked at it but not really, and Siegel says the MTA declined an easement on the site.
Shulman asks whether as-of-right construction could be built right on top of the Fontaine and whether the proposal would be farther away; Siegel confirms as-of-right would be about 20 feet away and the proposal would be farther.
Shulman asks about outreach to small businesses; Ed Wallace explains the tenant list, ongoing dialogue with CVS about a temporary pharmacy during construction, and efforts to help small tenants return or find replacements.
Shulman asks how long construction will take; Loeb says full completion will take about 30 to 36 months, with the building enclosed after about two years.
Shulman asks about noise, dust, and construction mitigation; Loeb says a full construction plan was negotiated with DOT and DEP, fencing agreements are recorded, and a point person will be provided.
Shulman asks about flood mitigation; Chris Fogarty says new rules require retaining all roof water and releasing it slowly into the system.
Shulman notes Forest Hills experiences power reductions during heat waves; Fogarty says new codes and zoning sustainability requirements will make the building's load much lower than older comparable buildings.
Shulman says she has been in touch with DOT about inconsistent bike lanes on Queens Boulevard, notes single-lane and express bus issues, and says coordination is needed.
Shulman asks when an agreement with the Fontaine will be reached; Wallace says there is an enforceable exchange of writing with details to work out, and Shulman stresses it must happen before a council vote.
Chair Louis reminds the applicant to follow up with Council Member Shulman on the number of family-sized units, asks if colleagues have questions, and excuses the panel.
Chair Louis asks for public witnesses; staff reports seven people in person and none online, and Chair Louis explains that witnesses will be called in panels of three with two minutes each.
Chair Louis calls Marilyn Solar, Lawrence Lowe, Kitty Rudiman, and Shahanaz Shalom to the witness table.
Fontaine resident Shahnaz Shalom thanks sponsor Marilyn Solar, says she and her retired husband hoped to age in place, and describes fears that a 21-story building 50 feet from her windows will block light and view and worsen schools, transit, traffic, and retail access.
Kitty Rudiman, an 80-year-old fixed-income Fontaine resident of 17 years, says the 21-story building in front of her sixth-floor windows would leave her with no light or air and make her feel entombed.
Lawrence Lau, a Fontaine resident and working committee member, says the rezoning would push the building away from the Fontaine compared with as-of-right, and after a town hall no resident preferred rejection; he supports the rezoning conditional on a written agreement.
Marilyn Solar, managing agent and board member of the Fontaine, describes the six-story 155-unit co-op, weekly negotiations with the applicant, and resident relief at a revised design; she says both sides are committed to a written agreement before the council vote.
Shulman asks the opposing residents whether they realize rejection would allow as-of-right construction closer to the Fontaine; Kitty Rudiman says she is aware and does not know what she will do.
Shulman explains that under a charter proposal, if she rejects the project the mayor and borough president could still approve it, so she is using her limited opportunity to negotiate improvements; she notes the Fontaine and stores are key issues.
Council Member Thomas-Henry asks how many shareholders abut the back of the project; Marilyn Solar describes the Fontaine's horseshoe shape and says one leg faces the new development but she has not calculated the number.
Thomas-Henry asks which parts of units are obstructed; Kitty Rudiman says everything, including kitchen, bedroom, and living room, and Lawrence Lau estimates less than a third of the building is affected.
Chair Louis asks if other members have questions, excuses the panel, thanks them, and calls Sarah Penneberg, Dennis Ibrick, and Shane Keats.
Sarah Penenberg of SEIU Local 32BJ says the union supports responsible developers, reports Benenson's commitment to good residential building jobs with prevailing wage and benefits, and supports the project's hundreds of units including affordable housing.
Denis Ibric of the New York City District Council of Carpenters supports the 100-12 Queens Boulevard proposal, citing affordable homes, revitalization above the 67th Avenue subway station, streetscape improvements, and constructive talks with Benenson about union carpentry.
Shane Keats, a Queens renter, supports the rezoning, contrasts his 1994 apartment affordability with today's costs, says his carpenter daughter cannot afford to stay, and argues new apartment buildings are needed along Queens Boulevard even if beloved stores relocate during construction.
Chair Louis thanks the panel, asks if members have questions, and excuses them.
Zach Miller, a longtime Forest Hills resident raising a family there, supports the project as smart development that helps attract and maintain young families while considering transportation and business concerns.
Chair Louis makes a last call for remote or in-person testimony, finds none, closes the public hearing, and lays over the items.
Chair Louis opens the pre-considered hearing on the South Richmond Designated Open Space text amendment, explaining the Special South Richmond Development District, designated open space restrictions, and that the application corrects boundaries after City of Yes.
Chair Louis explains remote registration, in-person speaker cards, and written testimony email for the South Richmond designated open space hearing.
Chair Louis calls Kari Bailey, Katie Ferreira, and George Tordovic to testify.
Counsel asks the panel to raise their right hands and state names for the record; George Todorovic and Carrie Bailey are sworn.
Chair Louis tells the panel they have 10 minutes, should wrap up at eight, and must restate their names and organizations.
George Todorovic, Deputy Director of DCP's Staten Island office, says he managed the 2023 South Richmond Zoning Relief proposal and that this application updates designated open space rules and three specific sites.
Kari Bailey of DCP says the application seeks a zoning text amendment to modify designated open space boundaries at 181 Bayview Avenue, 381 Arbutus Avenue, and lots along Nautas Avenue, following the 2023 South Richmond Zoning Relief.
Bailey explains DOS was created in 1975, mapped over public and private land and unimproved streets, and that private DOS requires CPC review, certification, authorization, or text amendment depending on proposed changes.
Todorovic says the 2023 proposal provided zoning flexibility for small properties while preserving natural features on large properties, and mostly cleaned up outdated 1975 regulations and digitized text maps.
Todorovic explains the 2023 methodology measured boundaries from street lines or tax blocks, digitized maps, removed conflicts with built conditions, and targeted homes built before 1975 while excluding vacant lots and large natural parcels.
Todorovic says months after adoption, property owners reported errors, prompting DCP to fact-check; because DOS on private property was not supposed to increase, the department proposes adjusting three sites.
Bailey says the DOS boundary at 181 Bayview Avenue would shift 60 feet north to its pre-2023 location because the 2023 amendment did not intend to increase DOS on a vacant site.
Bailey says 381 Arbutus Avenue was a pre-1975 single-family home destroyed by fire; the proposed amendment would remove a 60-by-90-foot DOS area to allow replacement in kind.
Bailey says the Nautas Avenue DOS boundary was moved five feet closer to the street in 2023, preventing modest as-of-right enlargements for dozens of townhomes; DCP proposes resetting it to the previous location.
Bailey says the amendment removes outdated text from the text maps that referenced in-person maps at DCP's Staten Island office because of modern digitization and document retention changes.
Bailey says section 10764 would be amended to remove references to site plan requirements, retain area plan requirements, and add a reference to an area of no disturbance in the first finding.
Bailey summarizes that the amendment modifies text maps to adjust DOS boundaries at three sites, removes outdated document storage text, and clarifies submission materials and findings in section 10764.
Chair Louis asks about consequences if corrections are not made; Todorovic says Site 1 could not build a compliant home without BSA relief, Site 2 could not replace the fire-destroyed home in kind, and Site 3 would prevent modest enlargements.
Chair Louis asks how the corrective actions are consistent with the 2023 South Richmond Zoning Relief; Todorovic says the 2023 effort targeted pre-1975 vested homes, DCP found three missed sites out of about 700, and the fixes provide homeowner relief.
Council Member Morano introduces himself, says the application is largely corrective, and asks whether any property would gain qualifying site status; Todorovic says none are qualifying residential sites and they cannot obtain zoning bonuses or relief.
Morano asks whether the amendment increases floor area, height, density, dwelling units, or other zoning benefits; Todorovic says no, it only allows lateral reorientation under the same lot coverage, height, and FAR.
Morano asks whether the proposed single-family home at 181 Bayview Avenue is consistent with R3X zoning and whether the amendment is necessary; Todorovic says it is consistent and necessary because the lot would otherwise be too narrow and might need BSA relief.
Morano asks whether environmental review identified impacts on wetlands, trees, open space, or drainage; Todorovic says no specific impacts were identified because DOS changes were on disturbed areas, and remaining DOS areas with sensitive features were kept.
Morano begins asking about environmental protections; Catie Ferrara Iannitto adds that DOS is a zoning regulation, not an environmental regulation, and wetlands, parkland, and other protections remain in place through other agencies.
Morano asks whether adding usable backyard or lot area could change assessed value or property taxes; Ferrara says DCP cannot answer independently but will consult resources and follow up.
Morano asks what affected homeowners would face without corrections; Todorovic says Sites 1 and 2 could not be built, Site 3 could not be enlarged, and even after adoption CPC review would remain because DOS would still exist on the sites.
Chair Louis thanks Morano, asks if any committee members have questions, and excuses the applicant panel.
Chair Louis asks for public testimony, staff reports no one signed up, and after a last call she closes the public hearing and lays over the South Richmond items.
Chair Louis makes a closing statement on the Sojourner Truth–Mapes rezoning, says the developer did not adequately engage the union, and urges FEPS houses to commit to 32BJ for a fair contract covering existing and new properties.
Shulman says she echoes the Chair's sentiments, notes her district's developments have had resident, community, and 32BJ support, and says she voted for the project despite major concerns about union voice.
Chair Louis thanks the public, colleagues, subcommittee, council staff, and sergeant at arms, and adjourns the hearing.