NYC Council approves Gowanus luxury public housing rezoning after leveraging NYCHA repairs and also the blood bank tower upzoning

 

The Real Deal

The City Council both bucked and abided tradition Tuesday with the approval of a life sciences expansion on the Upper East Side and a sweeping rezoning in Brooklyn.

Lawmakers voted to rezone Gowanus to allow mixed-use buildings in an 82-block area largely restricted to manufacturing use. City officials estimate that the change will enable the construction of more than 8,500 apartments, 3,000 of which would be set aside for low- and moderate-income New Yorkers.

As part of the proposal, City Hall has agreed to pay an estimated $200 million for repairs at two New York City Housing Authority complexes, Gowanus Houses and Wyckoff Gardens. Local Council members Brad Lander and Stephen Levin had said they would not support the rezoning unless the city committed to at least $132 million.

The city is also pledging $174 million in sewer upgrades and will require new development to meet new stormwater rules aimed at stemming sewage overflows into the infamously polluted Gowanus Canal, where a cleanup that was fiercely debated during the Bloomberg administration is underway.

The City Council also greenlit plans for a larger headquarters for the New York Blood Center at 310 East 67th Street. The proposal was approved despite objections from Council member Ben Kallos, who represents the area, and marked the first time since 2009 that the City Council has flouted member deference, or the tradition of voting with the local member on land use decisions.

The vote came after Council leaders reached a deal to reduce the height of the blood center building from 334 feet to 218 feet (233 with mechanical equipment). The project, which is being developed by Longfellow Real Estate Partners, would serve as an expanded headquarters for the New York Blood Center as well as office and lab space for other life science companies.

Kallos objected to the scale of the project and has called on the developer to reduce the height even further. The de Blasio administration, City Council leaders and Manhattan officials negotiated a deal without Kallos because they did not trust that he would reach an agreement that met their goals for the site.

On the Council floor ahead of the vote, Kallos said approval would send the message that “local council members don’t matter anymore” and would serve as a “blueprint for deep-pocketed developers to get whatever they want.”

30 Days Over Vacant Lots

 

 Commercial Observer

 A New York City Council member is trying to give the city a heads-up on vacant building sales.

Councilman Ben Kallos plans to introduce legislation on Thursday that would require real estate brokers, realtors and listing agents to notify the city 30 days before a vacant property — including empty lots and unoccupied buildings — of 20,000 square feet or more goes up for sale, Commercial Observer has learned.

Kallos said the bill will bring the city in the loop on transactions, giving it the first right of refusal on vacant properties to allow it to build more schools, firehouses and other municipal buildings. 

“In my district, which is the Upper East Side, we have three gigantic vacant spaces,” Kallos told CO. “I’m trying to build more pre-K sites, and more schools [and] firehouses … It’s clear to me that it is a bad thing that real estate isn’t getting into the hands of the government [and] public-private partnerships aren’t happening frequently.”

The city would be required, under the new legislation, to express interest in acquiring the property or say why it’s not interested within a 30-day timetable. If an owner rejects the city’s offer, the city would also be required to disclose why it didn’t use eminent domain — when a government takes private property for public use and compensates the owner — or the Uniform Land Use Review Procedure to acquire the property, according to the a copy of the bill shared with CO.

 

Manhattan group sues to stop too-tall tower

From AM-NY:

A new lawsuit has brought a skirmish over a residential skyscraper on the Upper East Side to new heights.

State Sen. Liz Krueger, City Councilman Ben Kallos, and two neighborhood groups are challenging the city’s approval of a residential building with an art gallery, currently under construction at 180 East 88th St.

DDG Partners’ structure is slated to rise 524 feet, when including mechanical equipment.

In a lawsuit recently filed in New York County Supreme Court, the Upper East Side groups claimed DDG Partners created a micro-lot to skirt zoning rules that would have otherwise limited the building’s height to about 300- to 350-feet, according to estimates from Kallos’ office.

The lawsuit alleges DDG Partners created a small zoning lot where its property borders 88th Street, which it transferred to an entity created exclusively to own the new buffer lot. DDG Partners then successfully argued the rest of the property does not border 88th Street, according to the lawsuit. This allowed DDG Partners to avoid zoning rules requiring buildings along 88th Street to use tower-on-a-base designs, where 55 percent of the building’s bulk is concentrated below a height of 150 feet, according to the lawsuit. The design standard can indirectly limit the overall altitude of buildings.

The Upper East Side groups have taken a number of steps to challenge the city’s interpretations of the zoning rules and attempt to halt the project, including appealing its decision with the city Board of Standards and Appeals.

Continuing the fight against scaffold blight

From PIX11:

There are more than 280 miles of scaffolding all around the city— and one city council member is renewing his push to help bring down as much of it as possible.

The scaffolding and elevated sheds are designed to protect pedestrians from construction and crumbling facades.

However, with almost 8000 buildings wrapped in scaffolding, City Councilmember Ben Kallos said what it comes down to is many landlords just leave the scaffolding up instead of laying down cash for necessary repairs.

“We should not see scaffolding sitting with no work getting done for seven days, and they need to get the work done within six months of the city will step in and do the work and make the bad landlords pay,” Kallos said.

Kallos pushed for the new law last legislative session but ran out of time. He will reintroduce the bill this week, pledging to continue the fight.

Construction noise reduction bill introduced

From the Daily News:

Construction done at odd hours will have to turn down the volume under a bill passed by the City Council on Tuesday.

The legislation sponsored by Councilman Ben Kallos places stricter limits on construction within 200 feet of a home before 7 a.m. and after 6 p.m. on weekdays, and any time on weekends.

The construction cacophony will be capped at 80 decibels next year, and dropped to 75 in 2020. The current limit is 85 decibels.

The city would also be given the power to shut down pieces of construction equipment that are too loud.

It will also make it easier to do noise complaint inspections because they won’t have to be inside the home of the person who complained.

Sidewalk shed bill has a hearing

From Crains:

Because it's much costlier to fix a façade than to maintain a shed that devours sidewalk space, blocks sunlight and hurts businesses, and no deadline to remove it, sheds have spread across the city. There are now 8,843—about 200 miles worth—and they pop up any time a building is built or repaired, as Crain's documented in a cover story last year.

Late last year City Councilman Ben Kallos sponsored a bill to stop the scourge and last week a hearing was finally held to discuss it.

His bill would compel landlords to remove sheds—which Kallos called "the house guest that never leaves"—if no work is done on the building for seven days, with exceptions for weather and other issues.

While officials from the de Blasio administration and real estate community agreed at the hearing that sheds are ugly, they insisted Kallos' bill could jeopardize public safety by forcing sheds to come down sooner than they should.

Those never-ending sidewalk sheds

From NY1:

The scaffolding surrounds a city-owned building that is used as a homeless shelter. It went up four years ago to prevent parts of the deteriorating facade from falling onto the sidewalk. But since then, the city hasn't done anything to repair that facade.

"I think the city should be embarrassed about any scaffolding around any city building," City Councilman Ben Kallos said.

This scaffolding highlights a citywide problem of landlords erecting sidewalk sheds and not taking them down.

One building has had scaffolding since 2006. Another in East Harlem has had one for ten years, as has a building in Chelsea, all of which are seen in the video above.

Kallos has proposed legislation to end the nuisances and eyesores of perpetual scaffoldings.

"Anytime somebody puts up the scaffolding, they have to immediately start work or take it back down, and if they can't afford to do the work, the city would end up doing for them and charging for them later," Kallos said.

There are 7,800 active sidewalk shed permits, half of which are in Manhattan.

A law requires owners of buildings taller than six stories to erect scaffolding every five years to inspect the facades.

Landlords who don't make the repairs in 90 days face fines of $1,000 a month. But some choose to leave the scaffolding up and pay the fines to avoid costly facade repairs.

Board of Standards and Appeals Reform Legislation Passes New York City Council

City Hall – Yesterday, the New York City Council passed a package of legislation aimed at reforming the New York City Board of Standards and Appeals (BSA). In the past developers have been able to circumvent city zoning laws restricting building forms, use, height, density, through the BSA even though local Community Boards and elected officials objected to their decisions. This legislation aims to reform applications, decisions, notifications, staffing and transparency around the BSA to be more accountable to the public. The BSA is a five-member body tasked with reviewing requests for variances and special permits related to affordable housing and city planning in the zoning law. The package includes nine bills and featured bipartisan support from sponsors including Governmental Operations Chair Ben Kallos, Majority Leader Jimmy Van Bramer, Minority Leader Steven Matteo and Council Members Karen Koslowitz (D-29) and Donovan Richards (D-31).

Application Reform:

Introduction 1392-A, by Kallos – Sets minimum application requirements for developers to show why zoning laws should not apply to them including key financial disclosures with analysis by real estate professionals, neighborhood studies showing unique conditions, and affirmations under penalties of perjury with fines for knowing violations of up to $15,000.

Decision Reforms:

Introduction 418-A, by Koslowitz – The BSA will be required to write decisions with responses to recommendations from Community Boards and Borough Boards.
Introduction 282-A, by Van Bramer - The BSA will be required to write decisions that respond to any relevant evidence and arguments submitted by the City Planning Commission, Community Boards, Borough Boards, lessees and tenants as well as owners.

Notification Reforms:

Introduction 1200-A, by Richards –Proof of service will be required for applications and materials mailed to Council Members, Borough Presidents, Community Boards and other city agencies, with verification of receipt to be posted online.
Introduction 514-A, by Matteo - Notifies property owners when variances are expiring and penalties will be incurred in the coming six months.

City Staffing Reforms:

Introduction 1390-A, by Kallos -The Department of City Planning will appoint a BSA coordinator to appear before the BSA to submit testimony in defense of the zoning resolution, and such testimony would be available online.
Introduction 1391-A, by Kallos - A state certified real estate appraiser with no less than 5 years’ experience will be available to work for or consult with the BSA to review and analyze real estate financials provided by developers.

Transparency Reforms:

Introduction 1393-A, by Kallos - The number of pre-application meeting requests, number of applications, number approved or denied, and an average length of time until a decision would be reported biannually.
Introduction 1394-A, by Kallos – The location of all variances and special permit applications acted upon by the Board since 1998 would be available as a list and a layer on an interactive map of the city.

“We are taking away the rubber stamp from a government agency that used it far too often over the objections of residents. Developers will have, to be honest in applications that include the truth, the whole truth, and nothing but the truth. The Board of Standards and Appeals will have to consider community objections and write decisions outlining why they disagree. The City Planning Commission will have to watch over our zoning laws,” said Council Member Ben Kallos, Chair of the Committee on Governmental Operations, which has oversight of the Board of Standards and Appeals. “Thank you to the Municipal Art Society and Citizens Union for their reports and guidance, Borough President Brewer, as well as Council Members Koslowitz, Matteo, Richards, and Majority Leader Van Bramer for their long-standing leadership on this issue, and our Community Boards who fight the Board of Standards and Appeals on behalf of all New Yorkers every day.”

Time limit proposed for sidewalk sheds

From Metro:

Scaffolding and green makeshift “sidewalk sheds” seem to be everywhere in New York, and in some places, around forever. A Manhattan city council member is pushing a bill that would limit the amount of time a scaffold can be in place.

Council Member Ben Kallos introduced legislation Tuesday that would give building owners up to six months to finish repairs and take scaffolding down. If there is no construction done in a week, the bill would also require the scaffolding to be taken down.

The bill would set a 90-day deadline for building owners to fix a dangerous condition, according to Kallos' office. Another 90 days could be requested if an extension is required.

After the deadline, the city would finish the construction work or repairs and the building owner would have to foot the bill.

If construction is halted for seven days or more, the scaffolding would have to be removed, if the bill passes.

Council hearing turns into shitshow

From DNA Info:

In an attempt to make up for the loss of nursing home beds at Rivington House, Mayor Bill de Blasio on Thursday announced plans to build an affordable senior housing and health care facility in a city-owned building under the Manhattan Bridge.

First Deputy Mayor Anthony Shorris dropped the news while testifying before the City Council during an oversight hearing on the administration's controversial decision to lift two deed restrictions on Rivington House nursing home for HIV/AIDS patients — a decision that allowed the home to be hawked to a luxury condo developer for $72 million. The mayor's office later made a formal announcement of the plan.

But though Shorris claimed the new facility — a building operated by the Department of Environmental Protection at 30 Pike St. — will replace the "bulk of what was lost in Rivington House," the mayor's office has only said the home will provide housing for more than 100 seniors, while Rivington held 219 beds.\

From the Observer:

It was a fitting ending for a City Council hearing that was, at its heart, about failures to communicate: another miscommunication.

After two-and-a-half hours of questioning Deputy Mayor Anthony Shorris about the city’s decision to lift a deed restriction on Rivington House, which paved the way for the AIDS hospice to be sold for profit to luxury condo developers, his testimony ended with the City Council accusing the mayor’s office of misleading them about Shorris’ schedule.

“The administration misled the Council and the Speakers Office into believing that First Deputy Mayor Shorris’ availability for the hearing this morning would be limited because of events related to the U.S Conference of Mayors in Oklahoma City. This turned out to be false,” Eric Koch, a spokesman for Council Speaker Melissa Mark-Viverito. “At a hearing which focused on government honesty and transparency this is particularly shocking and unacceptable.”

The miscommunication today played out in “real-time,” as City Councilman Ben Kallos, the chairman of the committee on governmental operations put it, when, during the hearing, he asked Shorris why he had to leave—”for the record.”

“I have appointments scheduled,” Shorris responded.

An attempt to minimize patronage

From the Daily News:

City jobs would have to be publicly posted for two weeks before someone is hired under a bill set to be introduced in the City Council this week, in a move meant to cut down on patronage.

Councilman Ben Kallos (D-Brooklyn) is sponsoring the legislation to require 14 days of online job postings before interviews are done for government jobs.

Kallos said he wants to rein in patronage hiring at the city Board of Elections — where officials have long resisted calls to publicly post all their jobs.

It's nice to publicly post jobs, but they will reserve the positions for their friends and relatives anyway.

City Council votes for huge pay raise

From AM-NY:

Members of the New York City Council on Friday voted themselves a $36,000 raise — $10,000 higher than an advisory salary panel — to $148,500.

By a vote of 40-7, the council got their first raise since 2006, when the salary went up to $112,500.

“Every dollar is a worthy investment in a government that works full time for the people,” said Councilman Ben Kallos (D-Manhattan), who was one of the legislation’s lead shepherds.

Backers noted that the legislation also prohibits most outside income, eliminates stipends for leadership posts and converts the job of council member to full time from part time.

Council members said they deserved the additional $10,000 because of the outside-income ban, which passed 45-2.

City Council members break out the violin

From City Council Watch:

--Ydanis Rodriguez, during the first round of questions, took up his entire allotment yelling at Fritz Schwartz, who headed the Pay Commission. He explained that he loves his job, that he supports the 99%, but that he has to work so hard. He works 60 hours a week! He has to go to community meetings. People talk to him in restaurants. He believes that CMs deserve at least $175,000 per year.

Rodriguez kept coming back to the question of half-time versus full-time. He demanded to know what constitutes full-time, because he puts in so many more hours than that.

It became sadly clear that Ydanis Rodriguez thinks that “full-time” means you work 40 hours and then you go home. If you work more than that, then you deserve overtime. Could it be that he doesn’t understand the difference between an hourly and a salaried employee? Also, does he think that 60 hours a week is an unusual amount of work for a well-paid professional in New York? I know plenty of people who put in those kinds of hours…including Council staffers who make like $30k.

As a former staffer for a council member and a longtime Watcher, I have a pretty good idea of what members do. I am curious if Rodriguez counts the following activities when he adds up his hours: attending press conferences for civic groups, or to “save” El Diario; going to meetings of the Progressive Caucus; going to meetings of the Black, Latino and Asian Caucus; going to meetings of the Democratic Caucus; going to meetings of the Manhattan delegation; getting plaques from local organizations; going to ribbon-cutting ceremonies; talking to other electeds; running for Speaker; sending out weather bulletins or press releases condemning a vicious criminal, etc. etc.

Rodriguez also claimed that some CMs “have Ph.Ds.” Is this true? I’ve never heard that. Unless he is thinking about Eva Moskowitz.

--Inez Dickens was mad that no one is taking into account all the groceries and funerals she pays for, for her needy constituents. She said that unlike other elected officials, CMs “are on the streets!”

--Ben Kallos also said that CMs never have time off. “If it is Christmas Eve and you are locking up your district office, and a resident comes by because he is being evicted, well there is no Christmas Eve dinner for you.” He contrasted this to citywide elected officials who supposedly don’t have to deal with constituents’ needs. Somehow he insinuated that he works harder than Michael Bloomberg ever did, which seems like a weird thing to say given Bloomberg’s reputation for total workaholicism. (Bloomberg once said, "I have nothing in common with people who stand on escalators.") Fritz Schwartz said that, when he was Corporation Counsel, he saw Bloomberg work quite a bit. Kallos sneered, “Um, I don’t weekend in Bermuda.”

--Jumaane Williams is insulted that lowly commissioners and deputy commissioners often make more than he does. Why should a staffperson make more money than an exalted elected official? It was pointed out that some deputy commissioners run billion dollar departments and have hundreds of people reporting to them; Williams was nonplussed at this, and seemed to want to say, “So do I!” But of course, he doesn’t.

--Brad Lander repeated his glib refrain that “It is easy to be cynical” about council members’ pay. It is especially easy to be cynical about it when one is given so much material for cynicism.

Amazingly enough, Lander will not even be present on Friday to vote on the bill. How come? He is going on vacation that day. Sure, just taking off a few days in February when he thought the hearing calendar was clear, two weeks before the whole Council goes on its unofficial mid-Winter break. Doesn’t everybody do that?

What f---ing gall.

The Daily News thinks so, too.

Bill threatens to take away business licenses of scofflaws

From the Daily News:

A new City Council bill would yank the licenses of businesses that rack up thousands of dollars in unpaid fines.

The city is owed $1.5 billion in uncollected penalties on building and fire code, sanitation, health and other violations - all judgments handled by the Environmental Control Board.

Under the bill being introduced by Councilman Ben Kallos (D-Manhattan) Wednesday, businesses could lose their licenses or permits if they have $50,000 overdue for two years, or $25,000 overdue for five years. They’d also get hit if they owe $10,000 and fail to make three straight payments on a payment plan.

“There’s $1.5 billion that’s sitting on the table,” Kallos said. “Passing these laws to revoke permits would do a lot to improve quality of life.”

The legislation would mean construction sites that rack up debt for dangerous building code violations would have their permits taken away.

Other targets could be restaurants that don’t pay their health code fines, or businesses that leave sidewalks covered in litter or don’t shovel snow.

Council concerned about AirBnB overcrowding

From the NY Post:

City Council members want to grill the subletting service Airbnb about fears renters could die in a fire while struggling to flee an unfamiliar apartment.

“We need to ensure Airbnb is not putting profit over people by allowing listings that cram too many tourists into apartments far too small to guarantee their safe escape from danger,” said Councilman Ben Kallos (D-Upper East Side).

The council’s Housing and Buildings Committee has scheduled a Jan. 20 hearing over “short-term rentals” arranged through Airbnb and other sites.

In a recent affidavit, an FDNY official said that, unlike hotels, apartments being illegally used for “transient occupancy” don’t offer visitors a “detailed fire-safety and evacuation plan.”

Community board term limit bill doesn't do much

From Gotham Gazette:

The New York City Council will once again see a bill on term limits introduced, although this one is not likely to be as controversial as the last time.

On Wednesday Council Members Danny Dromm and Ben Kallos will introduce legislation to impose a six-term limit for members of Community Boards, capping tenure at 12 years. Currently, community board members can serve as many two-year terms as they wish, so long as they continue to be approved by their respective borough president.

"Communities change and I believe Community Boards should change also," Council Member Dromm said by phone Tuesday evening. "I applaud those people who spend 30 or 40 years on a Community Board, and I thank them for service. But I do think we need to move things around."

The bill would not affect members currently on the boards, only those elected to a first term on April 1, 2016 or after.

So the same evil people and dead weight currently appointed will continue to serve indefinitely. Fantastic job, gentlemen!

Lawmakers want more transparency from film industry

From Capital NY:

A bill before the New York City Council this afternoon would require the timely posting of film and television production locations and times, in a searchable format, to the city's website.

The Mayor's Office of Media and Entertainment currently requires productions to distribute letters notifying local residents and merchants at least 48 hours in advance of a shoot, an agency spokesperson said in an email. Productions are also obliged to post "No Parking" signs with a contact number 48 hours before a shoot begins, and residents are encouraged to contact the Mayor's Office with their concerns immediately via 311.

But bill sponsors Manhattan borough president Gale Brewer and Council member Ben Kallos think these measures aren't giving residents enough warning. The proposed legislation is one part of Kallos and Brewer's larger effort to make more public data freely available online and the city government more transparent.

“I think most often people know there’s a production because they see a sign saying 'No Parking,’ or when they go to find their car, it’s no longer there because it’s been moved for a film production," Kallos said. (According to the city's website, production companies pay to tow cars the night before or morning of a shoot, and they are expected to keep a list of the spots where relocated vehicles are parked.)

Brewer told Capital she has fielded hundreds of complaints and inquiries by telephone, citing the after-hours posting of signs as a particular concern.

"It’s 6 o’clock in the evening, and there’s nobody to call in the city of New York, so if it was up on the web, that would be a perfect example of how to use the information," she said.

Providing adequate notice

From the Daily News:

A city councilman wants to shed some light on obscure government notices.

Under legislation to be introduced by Councilman Ben Kallos (D-Manhattan), the city would be required to post all government notices on its website — from announcements of a community board meeting to an application for a new sidewalk cafe.

“There’s literally hundreds and hundreds of places where the government has to make a public notice — but nobody knows what the government is doing, because the public notice requirements are so arcane,” said Kallos, chairman of the government operations committee.

“We can save a lot of paper and money and increase transparency,” he said.

The notices are physically posted in public buildings or published in the back pages of newspapers.

Another bill would require all records that the law says must be kept for public inspection to be posted online.

That would cover such documents as city contracts with private vendors and applications by developers for zoning changes.

This sounds like good government, commonsense legislation. Which is why it will probably die in committee.

Community board term limit resolution introduced

From the Queens Chronicle:

A resolution wending its way though the City Council could send a seismic wave through community boards throughout the borough.

Councilman Ben Kallos (D-Manhattan) wants borough presidents and Council members who make appointments to limit them to five consecutive terms; set term limits for board and committee chairmanships; and use things like meeting attendance and committee participation to end the practice of automatic reappointment.

His proposal also seeks to ban the appointment of executive board members of political parties or people serving on the staffs of elected officials.

Resolution 164 has 10 co-sponsors, including Danny Dromm (D-Jackson Heights), Peter Koo (D-Flushing) and Antonio Reynoso (Brooklyn, Queens).

A resolution doesn't do squat. You need to change the city charter.