Closing Bell: CB9 to "Address Mistaken Vote Count" at Meeting Tuesday

Community Board 9 District Manager Pearl Miles will “address the mistaken vote count” from September at a Community Board 9 meeting Tuesday, according to an email we just received from board member and Q at Parkside blogger Tim Thomas.

He and other board members also propose to rewrite the controversial resolution calling for a zoning study that was the subject of the miscounted vote. The details of which committee would rewrite the request and in which meeting have yet to be hashed out.

Meanwhile, MTOPP members have been emailing the board asking it to “correct the vote.” MTOPP has also asked the board’s land use review committee to call a series of public meetings to revise the zoning study request.

Tim Thomas has already put together a proposed rewrite. His version would limit building height to six stories throughout the neighborhood, but leave open the door for low-rise residential on Empire Boulevard. MTOPP has in the past said it opposes housing on Empire (or any rezoning of Empire) because it is likely to lead to high rises, so we’ll be interested to hear what the group thinks of Thomas’ proposal.

Above, a view of Nostrand Avenue near Empire Boulevard, one of the areas in PLG that could potentially be affected by a rezoning. Click through to see the emails and Tim Thomas’ proposal for a new request for a zoning study.

MTOPP Coverage [Brownstoner]

The email from Tim Thomas to Community Board 9:

Dear All:

I’m hoping you’re all having a wonderful leadup to the Holidays. I have something of consequence to share with you, and I’d be grateful if you could read this note and the attachment closely.

We’re all aware of the “noise” surrounding the relatively straightforward request to City Planning to begin a zoning study of parts of our district. The process began nearly two years ago, and was prompted by the news that a giant 23-story tower was to go up on Flatbush Avenue. Many of us were outraged, and could hardly believe that such a thing could actually happen in our backyard. We learned that the current outdated zoning permitted such a tower, and that much of the district was similarly zoned, or zoned in ways that don’t even match current usage. And so we created a resolution to ask City Planning to begin a study; it passed overwhelmingly. And we began the serious nuts and bolts conversations to identify the area of study and to learn more about what it all means. There were many, many conversations yet to come. The resolution is just a starting point.

Then, all heck broke loose! After fellow member Fred Baptiste moved at the September meeting that we rescind the resolution, it became clear that there was confusion and concern about the resolution – regardless of how the vote turned out, we needed to check in with one another and see that we are all on the same page. Consensus is extremely important, as we all know. There will always be dissenters, but if a fair majority of us agree to the next steps, we can start work immediately to see that NO MORE TOWERS show up on our doorsteps!

Fred’s motion probably should have been to take the resolution back to committee. I suspect that’s what he expected would happen. But as of yet, Ben Edwards has called no such meeting. So we haven’t had a chance to look at the language together. That’s why attach the resolution to this message and ask that you read it closely. It’s actually a wonderful document that Pearl wrote for us, distilling the essence of our request. However, I’ve made a few adjustments, which are identified by red text. I believe they are adequate to address the concerns that have been forwarded by some of you and others in the community. In lieu of a ULURP meeting, I think we can hash this out on the floor of the business meeting on Tuesday. Feel free to comment before then so that we can tweak it, or if you prefer, bring up your concerns at the meeting.

Rather than blindside you with a motion, I’m letting you know with this message that I plan to make a motion next Tuesday, after Pearl addresses the mistaken vote count from September. I will ask that the Chair recognize me for the purpose of a motion, and I ask that you be prepared for the motion by reading the attached revised resolution. My changes to the original are modest. It was item #4 that caused the most uproar from our friends at MTOPP, as led by Sterling Street resident Alicia Boyd. And so I’ve changed it to reflect the broadest consensus that I’ve been able to determine through that last few weeks of back and forth with many of you and elected officials and the community at large. I will move that we accept the resolution as revised, and that we move ahead with City Planning immediately.

This is meant to be a collaborative process. It is impossible, in my view, to be collaborative when we’re slinging dirt or serving frivolous lawsuits. We must have the City’s buy-in. That means our council members, our Borough President, and our Mayor. We have been assured by Eric Adams in particular that he will support height limits of six stories. We will hold him to that statement, and I’ve made it crystal clear in my revision that we are adamant about that.

In the last few months, I have offered my time and expertise as ULURP chair, as a member of Friends of CB9, and most recently as Board parliamentarian. In all three, Chair Nicholson has not seen fit to accept my offer to serve. That’s fine. I’m not on the Board to win a popularity contest! But I’m absolutely certain that we must put aside personal differences and tend to the business at hand. I would ask that you all consider supporting the motion, with any modest changes you might make, and that you not move to table the motion or vote to table the motion.

Time is of the essence. Let’s get this right. And let’s send a message to Ms. Boyd that WE are in control of this process, and that we will not be intimidated or deterred from addressing the needs of our community.

Thanks so much! See you on Tuesday.

An email sent to the chair of Community Board 9 by a MTOPP member and forwarded to us:

I am a resident of Community Board 9, and write to demand that you correct the vote for the Community Board resolution passed on September 23, 2014.

I also demand that a ULURP Committee Meeting be planned in accordance with the aforementioned resolution.

Should you fail to properly and publicly correct the vote within ten business days, I will have no choice but to refer this matter to the offices of Kings County District Attorney Kenneth Thompson and New York State Attorney General Eric Schneiderman.

I thank you for your time and attention to this matter.

The corrected resolution asking City Planning for a zoning study proposed by Tim Thomas (with additions in bold):

Resolution from Community Board 9
Calling Upon the NYC Dept of City Planning
To Immediately Begin A Study of Community District 9, Brooklyn
Focusing on the Specific Issues Raised at the Listening Forum Held On March 17th 2014

Whereas Community District 9 is comprised of the distinct neighborhoods of South Crown Heights, northern parts of Flatbush, Prospect Lefferts Gardens, and Wingate, and is bordered by the historic landmarks of Prospect Park and Eastern Parkway; and

Whereas Community District 9 boasts such prestigious cultural institutions as the Brooklyn Museum, the Brooklyn Botanic Garden, and the Brooklyn Public Library; and such notable medical institutions as Kings County Hospital Center, a number one Trauma Center; SUNY Health Science Center, Kingsboro Psychiatric Center, and Kingsbrook Jewish Medical Center; and the educational institution Medgar Evers College of the State University of NY; and

Whereas Community District 9 is a uniqyue blend of people of American, AFRICAN, Caribbean, European, Asian and Hispanic descent; and families have thrived in Community District 9 for generations living along our tree lined streets and enjoying the beauty and nuances of the neighborhoods; and

Whereas the existing zoning designations and prevailing land uses does not provide nor address all of the needs of the community; and

Whereas Community Board 9 held a forum at the Brooklyn Botanic Garden on Monday, March 17th 2014 and in subsequent meetings in the community where residents of the community expressed various concerns; a summary of which is as follows:

1) Preserve the existing character of the neighborhood
– Prevent/limit out of context (i.e. high-rise) development in the R7-1 zoned ALL areas of the district
– Make provision for incremental expansion of homes in R2 and R4 districts

2) Adjust current zoning designations to conform to prevailing uses and densities
– Residential zoning designations mapped in Community District 9 often do not match the type of housing that exists

3) Create opportunities for affordable housing development
– Make every provision to protect residents from displacement (e.g. anti-harassment areas/measures

4) Increase residential and retail density along transit and commercial corridors
– Allow contextual mixed-use developments along commercial corrdiors including Empire Boulevard

4) Consider the appropriate blocks and lots on which modest increased residential density can be accommodated, provided that adequate restrictions on height are observed – six stories or 70 feet should be the maximum – and all efforts are made to maximize affordable housing options while staying within the above contextual height limits.

5) Ensure that new development does not overwhelm existing infrastructure
– Address parking shortages in congested areas
– Address the need for improved sewer and water capacity
– Address the need for adequate schools
– Address the need for adequate transportation, both public transit and vehicular traffic

Be it Therefore Resolved that NYC community Board 9, Brooklyn, calls upon the NYC Department of City Planning to immediately begin a study of this district to address the issues raised in the foregoing summary; and

Be It Further Resolved that Community Board 9 calls on the Department of City Planning to implement a text change for the institution of special height and setback regulations in R701 areas in Community District 9, pursuant to the Quality Housing Program; and

Be It Further Resolved that Community Board 9 stands ready to work with the Department of City Planning to spearhead public hearings to gather additional input from the community as we seek to address the critical concerns express by the constituency.

Adopted this 9th day of December, 2014
Community Board 9, Brooklyn