Council Approves New Zoning for "Conceptual" Senior Apartments

The highly-debated zone change for 900 North Broadway reached the City Council 's agenda on Tuesday night where neighbors unanimously spoke against the project before the Council ultimately approved the necessary zone change for a development with ever-changing plans.

Addressing the need for housing

The lot at 900 N. Broadway sat vacant for years as medical offices and apartments arose around it. Being one of the few undeveloped parcels of land in the busy northwest corridor across from Untermyer Gardens, the owner initiated the process to build new residential apartments on that wooded space.

The original proposal described 60 units of market-rate senior housing. The four-story floor plan included 6 studios, 46 one-bedrooms and eight two-bedroom apartments. However, the plans allotted for far fewer than the required parking at only 31 spaces. This smaller figure rests upon the self-designation as housing for seniors 62 and over.

The reduced parking and other potential variances–like the height of the building–raised alarms with neighbors. But, regardless of these variances, the plans first required a zone change from its “Planned Executive Park” designation to “MG,” defined as “apartment houses; low density.”

A public hearing and town halls

Zone changes mandate a public hearing, and on Feb. 27, the City Council first witnessed the pushback from the community . Dozens of residents attended the meeting in City Hall t0 express concerns over inadequate parking, fearing congestion in the already densely populated neighborhood. Additionally, environmental impact worries cited potential harm to local wildlife and ecosystems. Lastly, the marketing of these units as “affordable” faced scrutiny–including by a former City Council Member.

I would want low-income housing or affordable housing, but this is market rate. I believe the developers are taking advantage of what might be a loophole in the zoning statutes.

Joan Gronowski

But, the legally-required public hearing did not afford any dialogue between officials and constituents. For that, Anthony Merante, Councilman of the Sixth District where this development is being proposed, held two Town Hall meetings. The first included both the representatives of the land owner and the Majority Leader John Rubbo. This February meeting at the Cola Community Center repeated on March 7. The second meeting saw Second District Council Member Corazón Pineda-Isaac and City Council President Lakisha Collins-Bellamy engage a few dozen residents. Similar issues persistently consumed the discussions like: parking, affordability, and rodents.

This second town hall primed the community for the Real Estate Committee and Council meetings scheduled for the following Tuesday. It was at these meetings where the votes would be cast to accept or reject the necessary zone change.

Changes to the plan and the law

The proposed legislation to change the zone; introduced by Third District Council Member Tasha Diaz, reached the Real Estate Committee's meeting on March 12. Under questioning by the Council, attorney for the project, Stephen Veneruso, acknowledged the community's concerns. While offering to add a restrictive covenant to the deed ensuring the housing development remains senior-only, the applicant proposed further changes to the plan itself. Possibilities like lowering the building's height and removing units would improve the unit-to-parking ratio. While some members appreciated the developer's flexibility to accommodate residents' concerns, that flexibility cuts both ways. If the developer says one thing to win the zone change, they could always change it back without penalty.

The project as it stands right now is conceptual.

Stephen Veneruso – Veneruso, Curto, Schwartz, and Curto, LLP

In response to the direct concern that this development takes advantage of a parking loophole for senior housing, Council President Collins-Bellamy introduced legislation amending those ordinances. By updating Section 43-8 of Chapter 43 of the Zoning Code , only subsidized housing would allow for 0.5 parking spaces per unit. For market-rate housing, such as is proposed for 900 N. Broadway, the one space per unit rule still applies. This amendment remains in discussion without a clear signal if it will ever become law.

Quarreling on policy and politics

While public comments from residents often highlight the most unseemly of remarks during these proceedings, accusations and direct attacks from the elected officials themselves stood out in Tuesday's meetings.

First-term member from the First District, Majority Whip Deana Robinson, proposed a paradoxical position on parking. She opined that parking woes in her district were often ignored for zone changes. However, she did not extend that concern to a property only mere blocks from her district line. She took the opportunity to call out by name fellow-member Anthony Merante and his prior vote to grant a zone change in her district which lacked the requisite parking. Merante responded by explaining that he votes in accordance with the representative of that district–a courtesy she chose to not afford to him. Despite that exchange related to policy, practices, and decorum, the dialogue amongst members soured further and reached personal and ethical attacks.

As Council Member Tasha Diaz defended the long history and community involvement of the property owner, Nayel Sayegh, Merante pushed back on her political affiliations with the applicant's family. As brother to Assembly Member Nader Sayegh, Merante cited their shared political campaign manager, Sayegh-relative Zehy Jereis. Not only has Jereis managed the campaigns for Sayegh, Diaz, Robinson, and Collins-Bellamy but he also has an interest in this 900 N. Broadway development. While the depth of his involvement is undisclosed, the traffic study meant to assuage congestion and parking concerns is directly addressed to his name . And while one document could be the extent of his involvement, Jereis' prior felony conviction for bribing a Yonkers City Council Member for their vote on a zoning change causes one to consider the appearance of impropriety.

This potential appearance of impropriety was further hinted at during remarks made by Council President Collins-Bellamy directly before the vote. She acknowledged that she and others on the Council have these connections to interested parties on this matter. However, after seeking a conflict of interest opinion from her counsel, she can “ walk away with clean hands if ever this situation goes under investigation .”

A one-vote margin

With the accusations and defenses laid out for the record, the Council held the vote to re-zone 900 N. Broadway from PEP to MG. The item passed 4-to-3 with Merante, Collins-Bellamy, and Pineda-Isaac voting against the change.

With the change adopted, Majority Leader Rubbo still encouraged all of the residents in the gallery to continue their involvement. This change only marks one step in a long process. This project must advance to the Planning Board and potentially the Zoning Board of Appeals for any desired variances. However, given the recent track record of these boards, the wishes of the developer–however fanciful–are sure to be granted.

Watch the full meeting videos through the links below

Click here to watch the Real Estate Committee meeting.

Click here to watch the City Council meeting.