Last Day To Comment On Toll Brothers' ULURP Application

At Wednesday evening's Community Board 6's general meeting, the board adopted a supplemental position on the ULURP application for the Toll Brothers' proposed Gowanus development at 363-365 Bond Street.
Chairperson Richard Bashner drafted a letter to City Planning Commissioner Amanda Burden to address the possibility of Toll Brothers' weaseling out of building the affordable housing component of the project.
I applaud CB6 for this action.
Below is said letter.

Amanda Burden
Chairperson
City Planning Commission
22 Reade Street
New York, New York 10007


Dear Chairperson Burden:

I am writing to advise you that at its February 11, 2009 general meeting, Brooklyn Community Board 6 resolved, by a vote of 31 in favor, 2 against, with 1 abstention for cause, to supplement our previous position on the above-referenced applications for the Toll Brothers, L.P. development in the Gowanus Neighborhood of our district.

Brooklyn Community Board 6 (CB6) has not changed its position on the Toll Brothers application; we remain conditionally supportive, subject to the conditions expressed in our November 17, 2008 correspondence to you (copy enclosed). However, we want to emphasize how important it is to make sure that the affordable housing component of this project actually is built, in return for giving the applicant permission to build higher and with more bulk than otherwise would be acceptable to this community.

CB6’s approval of the expanded height and bulk limits for the Toll Brothers project was based largely on representations made by the developer promising the creation of substantial affordable housing as an integral component of the project, including the following statements from its “Frequently Asked Questions about the Proposed Gowanus Mixed-Use Development”:

• “Toll Brothers is committed to providing affordable housing as part of the proposed zoning.”
• “The affordable housing units ... [will be] in attractive buildings that will be constructed at the
same time as the market-rate units.”
• “Approximately 140 apartments will be provided, as permanently affordable on-site housing.
This number represents 30% of the total number of residential units – well above the standard
affordability ratio in 80/20 developments.”
• “Our affordable housing program will offer varying levels of affordability, with some units designated for those marking not more than 80% of the HUD Income Limit for New York City ($61,440 for a family of four) and some units targeted to those making not more than 60% of the HUD Income Limit for New York City ($46,080 for a family of four).”


When we voted in favor of such application, we were under the impression that the affordable housing component would be required by the deed restrictions that the applicant had agreed to place on the property.

Instead, we recently learned that Toll Brothers has not agreed to place the affordable housing requirement in deed restrictions; and that, therefore, there is a possibility that they (or a future owner of the property) could build the full height and bulk allowed by the proposed rezoning without including ANY affordable housing.

This is unacceptable. If it turns out that the affordable housing component will not be built as promised, then Toll Brothers should be required to seek fresh zoning approval for the project, especially its height and bulk.

Accordingly, we respectfully ask that either the affordable housing requirements be confirmed in the deed restrictions, or in the rezoning (by conditioning the relaxed height and bulk limits upon the inclusion of the promised affordable housing, similar to the Department of City Planning’s upcoming Gowanus Rezoning and Related Actions, CEQR # 09DCP015K), or in some other suitable mechanism for ensuring that tall or bulky buildings not be built without the promised affordable housing.

Thank you for your attention.

Sincerely,

Richard S. Bashner
Chairperson

Related Reading:

Last Day To Comment On Toll Brothers' ULURP Application

Toll Brothers Show Up With Usual Crew At City Planning Hearing

Will City Planning Actually Hear Community At Today's Toll Brothers' Gowanus Development Hearing?

Marty Markowitz Hears From Both Toll Brothers And From Residents

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