167Johnson030707.jpgA minor rejiggering of district boundaries is proving to be a major thorn in the side of the developer of one of the towers planned for Flatbush Avenue. As originally contemplated, the building was going to be built 35 stories as-of-right under the 2003 rezoning of Downtown Brooklyn. The developer, the Galit Network, now wants to add another five stories (which would make it equal to the next-door Oro’s 40 stories) by purchasing air rights from the 84th Precinct and firehouse on Johnson Street (and promising to include some 20-odd below-market apartments in the project). This would probably have been a cake-walk when the project sat in the 33rd district, which Galit’s lawyer, Ken Fisher, represented as councilman until 2001. Now, because of a redistricting, the project falls into Tish James’s territory. Therein lies the problem: James is opposed to the fact that the below-market apartments are not true “affordable housing” in light of the fact that the developer bought square footage from a true affordable housing project on Carlton Avenue. There is possibility I will vote it down [in ULURP] and there will be no affordable housing on this project at all either on or off site, James said. In that case, Fisher counters, the project will be entirely market rate. The matter goes to a community board vote on March 14.
Trouble Looms Over New Tower [Fort Greene Courier] GMAP


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  1. To 4:48 PM – She made a courageous and intelligent stand against AY and that has endeared her to many of he constituents, and I count myself among the people. She won on her own, she is not someone’s daughter or cousin, she lives in the district and she isn’t anyone’s tool.

  2. I hear that Feez – sometimes I get the impression that Tish see two types of people, extremely poor and the “others”. I make a middle income and have been totally neglected in her district. All the talk is about really low income and never about middle class families that need housing as well. I mean, a condo that has prices pegged at middle income families is just as important as condos being reserved for poor families.

  3. Good points, Feez. The latter part of your post underscores the weakness of James’s leadership: she devotes so much time and energy to blocking development that she neglects the bread and butter issues of her district. Had she spent one-third of her Atlantic Yards protest time on securing funds for affordable housing, her district would be much better as a result. Instead, the Atlantic Yards will get built and her district will still lack affordable housing. Thank God she’ll soon be out of office.

  4. Assume it has something to do with the 421-a provision that allows (or allowed) developers to get FAR credit for building affordable housing but then to build the affordable housing somewhere else instead. That’s what Tish objects too.

  5. I’m very confused as to how any project could buy “square footage”, which I take to mean development rights, from a project 4 blocks away. Development rights can only be transferred to adjacent propoerties. Brownstoner, can you clarify?

  6. James’ arguement doesn’t make any sense. Why would it matter if the developer bought development rights from an affordable housing development? They’re including affordable units in the project right? This is a condo project- not rentals, you can’t expect to sell a condo pegged at 60%AMI and take a loss on the unit. If that’s the case it would be more effecient to only build the 35 stories. In this scenario – the city would lose revenue from both the sale of the development rights and future taxes on the additional 5-stories.

    BOO to Councilwoman James – stop tyring to make social policy when the economics of the deal don’t support it. If you want low income condos, have the city cough up the cash to subsidize them directly.

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