Excavation Work Halted on Unapproved Apartment Tower

Just weeks after the City Council approved a zone change to allow apartments to be built upon a vacant lot on North Broadway, heavy machinery began clearing the land in preparation for a heretofore unapproved senior housing development. However, vigilant neighbors contacted the building department who soon halted the work over lack of approvals.

The proposal and the pushback

The vacant lot at 900 N. Broadway, nestled amidst a bustling northwest corridor across from Untermyer Gardens, has become a focal point for proposed residential development. The initial plan outlined the construction of 60 market-rate senior housing units spread across a four-story building. However, neighbors raised concerns regarding the reduced amount of parking. While a typical residential building requires at least one space per unit, this proposal only includes 31 spaces.

These complaints intensified during public hearings and town hall meetings. Councilman for the district, Anthony Merante , organized two such meetings to facilitate dialogue between stakeholders. But tensions remained high as discussions centered on parking, affordability, and environmental impact.

The debate over the zone change for 900 N. Broadway reached a climax as the City Council held a vote on March 12. While dozens of residents attended and spoke out against this development, the strongest remarks came between Council Members themselves. Insinuations of political hijinks, cronyism, and nepotism flew as Members referenced the owner of the property in question. Owner Nayel Sayegh is brother to Assembly Member Nader Sayegh and relative to political campaign manager, Zehy Jereis. Jereis not only aids in the elections for Sayegh, but also for multiple Members set to vote on this project. Further concerning some Members was that Jereis himself commissioned the traffic study for this project.

Despite unanimous objections from neighbors, and ethical objections from colleagues, the Council ultimately approved the zone change in a narrow vote of 4-to-3. Council Member Merante, Council President Lakisha Collins-Bellamy, and Council Member Corazón Pineda-Isaac voted against the item.

While the approval of the zone change represented a significant milestone, the project still faces hurdles. This includes scrutiny from the Planning Board and necessary variances to be granted from the Zoning Board of Appeals .

Excavation begins

Despite only receiving approval for the zone change; construction on this project appears to have already begun. On Monday, April 1, residents in the nearby Gateway community awoke to sounds of a large excavator removing trees from the 900 N. Broadway lot.

Residents Francine Kowalsky and Tierney O'Neal both posted complaints on social media regarding the noise, smell, and irreversible damage that may be occurring on this property. They then ardently brought these complaints directly to City Hall as well.

The residents noted to the Department of Housing and Buildings (DHB) that they saw no permits posted on the site for any work. Their complaints even reached all the way up to the Deputy Commissioner of DHB, Jim Gibbons. Gibbons assured the concerned residents that inspectors would review the site imminently and decide a course of action. By noon on April 2, a stop work order had been issued on that lot as concerns were raised over erosion and flooding from extensive tree removal.

But, despite the temporary delay on excavation, the lot has likely suffered permanent damage. With the massive trees gone forever, the environmental impact is yet unknown. And while nothing can be done to reverse the changes done on 900 N. Broadway, the City Council's Real Estate Committee is debating a new local law aimed at preventing such debacles. The proposed amendment to the City Code states that, “ No permit for the clear-cutting of vegetation and/or trees or for the excavation of land shall be issued unless it is in conformity with a site plan approved in accordance with this article .”

We reached out to Francine Kowalsky for a comment on the unexpected start of a project she fought so hard against. She replied, “ I'd like to thank the City for being so quick to respond to not only my concerns but to those of all the residents at the Gateway Cooperative. Now that all the trees are gone, it's just a shame this had to happen in the first place .”