Subcommittee on Zoning and Franchises · Wednesday, June 28, 2023

A homeowner's bid to legalize a 2006 retaining wall via a 43rd Avenue demapping, plus an affordable Rockaways rezoning

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items

laid over

land-use items

affordable

avg AMI

43%

CEQR: Other

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The zoning subcommittee took up a 43rd Avenue demapping sought by a homeowner who purchased his property in 1992 and built the current retaining wall around 2006 to replace an earlier one. Portions of that wall were damaged in 2010, drawing Department of Buildings violations, and the applicant needed the demapping to obtain a certificate of occupancy for his home. The session also opened public hearings on Land Use item 231 tied to the 43rd Avenue demapping and on items 241 and 242, alongside a roughly 106-unit affordable Ocean Crest rezoning on Beach Channel Drive in the Rockaways.

From the room

“the construction of one hundred and six affordable housing units that align with the income levels of the surrounding census tracts”
— Brittany Dixon

“submit something in writing to you to explain uh what they're considering and how they would address this sewer connection issue”
— applicant representative

“only 1.8% increase in housing units in community district 11 between 2010 and 2020, compared to a 9.3% increase in population”
— Ellie Gewurtz

“there's still a kind of a lot of that's up in the air about what's going to happen with the structure even if we were to agree to the rezoning”
— David M. Carr

The decisions

01LU 0231-2023C 210323 MMQCity MapLaid over

43 AVENUE

The 43rd Avenue demapping came before the committee to amend the city map and dispose the demapped street portion to the applicant at fair market value, the step homeowner Mr. Lim needs to clear a 2006 retaining-wall encroachment onto city land and finally certify the correction of his 2010 DOB violations so he can obtain a certificate of occupancy.

The deal

Site

43 AVENUE

District

District 26

Conditions

Approval allows Mr. Lim to enter a mapping agreement with the city subject to conditions imposed by the city
Applicant Mr. Lim is open to discussion on additional reasonable conditions for the mapping
Without demapping the wall remains on city property limiting Mr. Lim's ability to act; a revocable consent agreement with DOT allows status quo but must be renewed, creating financing/title uncertainty

Land-use review

CB Queens Community Board 11 Disapprove

CB Queens Community Board 11

Properties43 AVENUE

Where it standsCB Queens Community Board 11 ✓→Committee→Full Council

Legislation →ULURP case →

02LU 0239-2023C 230041 ZMQZoning MapLaid over

Ocean Crest Rezoning

with 1 related matter · LU 0240-2023

Heard The Community Builders' application to rezone the Ocean Crest site on Beach Channel Drive from R4-1 to R6A with an MIH mapping, clearing the way for a 100% affordable, roughly 106-unit (~91,000 sf) development in the Rockaways.

Mandatory inclusionary housing

avg 55% AMI

Conditions

community_outreach
increase_30pct_ami_units
parking_provision
parking_arrangement
Applicant will submit a written explanation to the Council Member's office of how they will address the sewer connection / sanitary line issue after the hearing
CM requests commitment that the applicant prioritize black women businesses in particular and black and brown businesses across the development project

Land-use review

CEQR: Other

CB Queens Community Board Disapprove

CB Borough President Approve With Conditions

Where it standsCB Queens Community Board ✓→Committee→Full Council

Legislation →ULURP case →

03LU 0241-2023C 230001 ZMKZoning MapLaid over

7120 New Utrecht Avenue Rezoning

with 1 related matter · LU 0242-2023

Mandatory inclusionary housing

30 affordableavg 30% AMI

30 affordable

Conditions

Increased parking from minimum 35 to 52 spaces in response to community feedback
Added four street trees on 72nd Street in deference to community request (help soak up stormwater)

Land-use review

CB Brooklyn Community Board 11

Where it standsCB Brooklyn Community Board 11 ✓→Committee→Full Council

Legislation →ULURP case →

Also in the record

Records not linked to a specific agenda item

Mandatory inclusionary housing

Option 230 affordable

Conditions

no city agency objections; DOT involved and made recommendations on street line dimensions
DOT requires applicant to improve curb condition, remove jog so curb follows straight line
applicant must purchase de-mapped portion at fair market value per city appraisal

Land-use review

CEQR: Other · lead Department of City Planning

CB Queens Community Board 11 Disapprove

Questions & answers

Kevin C. Riley: asks Jesse to break down how they achieved 67% local employment and 40% MWBE on a similar project (vs stated 35% MWBE / 30% local goals here), and whether MWBE/local vendor contracts go to the represented communities

Kevin C. Riley: how did you do 40% MWBE and 67% local employment on a similar project, and do you give contracts to local vendors

Kevin C. Riley: are you committed to working with local vendors to give them contracts for this project

Kevin C. Riley: can you provide for the record a breakdown of the affordability of the proposed project

Kevin C. Riley: what stakeholders were involved with the emergency plan, and describe the resiliency and sustainability for the record

+14 more exchanges

Procedure

Subcommittee on Zoning and Franchises hybrid meeting opened; will hold public hearings for three proposals (two in Queens, one in Brooklyn). — Angelina Martinez-Rubio
Three proposals to be heard: two in Queens and one in Brooklyn. — Lynn C. Schulman
Hybrid meeting; public may testify in person or remotely; remote registration via council.nyc.gov/land-use; speaker cards via sergeants-at-arms. — Angelina Martinez-Rubio
Members of the public wishing to testify remotely register at the NYC Council website. — Angelina Martinez-Rubio

+11 more procedural steps

Where it standsCB Queens Community Board 11 ✓→Committee→Full Council

The people

Public testimony: 12 in favor

Practitioners & applicants

Henry Euler · Caroline Harris (Goldman Harris) · Alan Mogadow · Patrick Blanchfield · Kevin Alexander · Leonor Reina · Joseph Sabarrow · Jesse Badus · Committee Staff (unnamed; procedural testimony-management) · Brittany Dixon · +1 more

The intelligence

Every parcel, owner, and applicant in this meeting, cross-referenced against Zonable’s NYC ownership, enforcement & legislative graph — the record behind the record.

Sign in for the full graph

Owner portfolios, open OATH/ECB violations, 311 & DOB permits across every parcel discussed, developer track records, and an “ask this meeting” chat.

Ask about this meeting

Chat with AI about this meeting. Free account required.

Subcommittee on Zoning and Franchises · Wednesday, June 28, 2023

A homeowner's bid to legalize a 2006 retaining wall via a 43rd Avenue demapping, plus an affordable Rockaways rezoning

Contents & search

items

laid over

land-use items

affordable

avg AMI

43%

CEQR: Other

Try

From the room

“the construction of one hundred and six affordable housing units that align with the income levels of the surrounding census tracts”
— Brittany Dixon

“submit something in writing to you to explain uh what they're considering and how they would address this sewer connection issue”
— applicant representative

“only 1.8% increase in housing units in community district 11 between 2010 and 2020, compared to a 9.3% increase in population”
— Ellie Gewurtz

“there's still a kind of a lot of that's up in the air about what's going to happen with the structure even if we were to agree to the rezoning”
— David M. Carr

The decisions

01LU 0231-2023C 210323 MMQCity MapLaid over

43 AVENUE

The deal

Site

43 AVENUE

District

District 26

Conditions

Approval allows Mr. Lim to enter a mapping agreement with the city subject to conditions imposed by the city
Applicant Mr. Lim is open to discussion on additional reasonable conditions for the mapping
Without demapping the wall remains on city property limiting Mr. Lim's ability to act; a revocable consent agreement with DOT allows status quo but must be renewed, creating financing/title uncertainty

Land-use review

CB Queens Community Board 11 Disapprove

CB Queens Community Board 11

Properties43 AVENUE

Where it standsCB Queens Community Board 11 ✓→Committee→Full Council

Legislation →ULURP case →

02LU 0239-2023C 230041 ZMQZoning MapLaid over

Ocean Crest Rezoning

with 1 related matter · LU 0240-2023

Mandatory inclusionary housing

avg 55% AMI

Conditions

community_outreach
increase_30pct_ami_units
parking_provision
parking_arrangement
Applicant will submit a written explanation to the Council Member's office of how they will address the sewer connection / sanitary line issue after the hearing
CM requests commitment that the applicant prioritize black women businesses in particular and black and brown businesses across the development project

Land-use review

CEQR: Other

CB Queens Community Board Disapprove

CB Borough President Approve With Conditions

Where it standsCB Queens Community Board ✓→Committee→Full Council

Legislation →ULURP case →

03LU 0241-2023C 230001 ZMKZoning MapLaid over

7120 New Utrecht Avenue Rezoning

with 1 related matter · LU 0242-2023

Mandatory inclusionary housing

30 affordableavg 30% AMI

30 affordable

Conditions

Increased parking from minimum 35 to 52 spaces in response to community feedback
Added four street trees on 72nd Street in deference to community request (help soak up stormwater)

Land-use review

CB Brooklyn Community Board 11

Where it standsCB Brooklyn Community Board 11 ✓→Committee→Full Council

Legislation →ULURP case →

Also in the record

Records not linked to a specific agenda item

Mandatory inclusionary housing

Option 230 affordable

Conditions

no city agency objections; DOT involved and made recommendations on street line dimensions
DOT requires applicant to improve curb condition, remove jog so curb follows straight line
applicant must purchase de-mapped portion at fair market value per city appraisal

Land-use review

CEQR: Other · lead Department of City Planning

CB Queens Community Board 11 Disapprove

Questions & answers

Kevin C. Riley: how did you do 40% MWBE and 67% local employment on a similar project, and do you give contracts to local vendors

Kevin C. Riley: are you committed to working with local vendors to give them contracts for this project

Kevin C. Riley: can you provide for the record a breakdown of the affordability of the proposed project

Kevin C. Riley: what stakeholders were involved with the emergency plan, and describe the resiliency and sustainability for the record

+14 more exchanges

Procedure

Subcommittee on Zoning and Franchises hybrid meeting opened; will hold public hearings for three proposals (two in Queens, one in Brooklyn). — Angelina Martinez-Rubio
Three proposals to be heard: two in Queens and one in Brooklyn. — Lynn C. Schulman
Hybrid meeting; public may testify in person or remotely; remote registration via council.nyc.gov/land-use; speaker cards via sergeants-at-arms. — Angelina Martinez-Rubio
Members of the public wishing to testify remotely register at the NYC Council website. — Angelina Martinez-Rubio

+11 more procedural steps

Where it standsCB Queens Community Board 11 ✓→Committee→Full Council

The people

Public testimony: 12 in favor

Practitioners & applicants

The intelligence

Every parcel, owner, and applicant in this meeting, cross-referenced against Zonable’s NYC ownership, enforcement & legislative graph — the record behind the record.

Sign in for the full graph

Owner portfolios, open OATH/ECB violations, 311 & DOB permits across every parcel discussed, developer track records, and an “ask this meeting” chat.

Ask about this meeting

Chat with AI about this meeting. Free account required.