TESTIMONY BY BROOKLYN BOROUGH PRESIDENT MARTY MARKOWITZ TO THE CITY COUNCIL REGARDING THE BEDFORD-STUYVESANT NORTH REZONING OCTOBER 3, 2012

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I WANT TO THANK CHAIRPERSON WEPRIN AND MEMBERS OF THE CITY COUNCIL LAND USE
SUBCOMMITTEE FOR ZONING AND FRANCHISES FOR ALLOWING ME TO TESTIFY TODAY ON THE
BEDFORD-STUYVESANT NORTH REZONING.

I SUPPORT THE CORE OBJECTIVES OF THIS PROPOSAL AS IT WILL ENSURE THAT FUTURE
DEVELOPMENT REFLECTS THE CHARACTER OF THE BEDFORD-STUYVESANT COMMUNITY WHILE
STILL PROVIDING AREAS IN WHICH GROWTH CAN OCCUR AND PROVIDING MEANS TO ENCOURAGE THE INCLUSION OF AFFORDABLE HOUSING.

THERE ARE THREE ASPECTS OF THIS PROPOSAL THAT FALL SHORT OF BEING BEST FOR THE
COMMUNITY. I HAVE CONCERNS PERTAINING TO POTENTIAL LOSS OF SUPERMARKETS, QUALITY-OF LIFE CONSEQUENCES THROUGH PROMOTING RESIDENCES ALONG ELEVATED TRAIN STRUCTURES AND NOT DOING ENOUGH TO ENCOURAGE AFFORDABLE HOUSING PRODUCTION.

TO ADDRESS MY CONCERNS I ENCOURAGE THE CITY COUNCIL TO DEAL WITH WHAT IS IN ITS
PURVIEW NOW, AND THEN OBTAIN A COMMITMENT FROM THE ADMINISTRATION FOR CITY PLANNING TO UNDERTAKE A TEXT CHANGE PROPOSAL FOR THE BALANCE OF MY PROPOSALS OVER THE NEXT 15 MONTHS. IF THE ADMINISTRATION MAKES REASONABLE POINTS ON WHY THAT TIMING IS NOT FEASIBLE, THEN I URGE THE COUNCIL TO ADOPT A RESOLUTION SEEKING SUCH TEXT CHANGES AT THE OUTSET OF THE NEXT ADMINISTRATION.

NOW TO ELABORATE ON MY CONCERNS.

RETAINING SUPERMARKETS

WHEN THE CITY COUNCIL ADOPTED THE FRESH FOOD INITIATIVE, IT APPROVED ZONING AND
FINANCIAL INCENTIVES FOR DEEMED FOOD DESERTS, INCLUDING THIS NEIGHBORHOOD. HOWEVER, THESE INCENTIVES DO NOT PROVIDE ASSURANCE THAT WE CAN SAFELY ASSUME A DEVELOPER WOULD TAKE ADVANTAGE OF THE INITIATIVE.

ALONG A SECTION OF MYRTLE AVENUE WITH SEVERAL PUBLIC HOUSING DEVELOPMENTS IS A
KEY FOOD AND A JUNIOR’S SUPERMARKET – SEE THESE PHOTOS ATTACHED TO MY REMARKS – THAT HAVE FORTUNATELY NOT BEEN REMOVED TO ACCOMMODATE DEVELOPMENT ACCORDING TO THE PRESENT ZONING.

WHILE I AM GENERALLY SUPPORTIVE OF CITY PLANNING’S PROPOSAL TO PROVIDE MORE
HOUSING DEVELOPMENT ALONG MYRTLE AVENUE, THE QUESTION IS WHETHER INCREASING
RESIDENTIAL DEVELOPMENT POTENTIAL BY MORE THAN THIRTY PERCENT WILL YIELD
REPLACEMENT SUPERMARKETS SHOULD THESE STORE PROPERTIES BE ACQUIRED BY DEVELOPERS. THIS IS A GAMBLE THAT I AM NOT WILLING TO RISK AND I WOULD HOPE THE COUNCIL FEELS THE SAME ABOUT PROTECTING SUPERMARKETS IN FOOD DESERTS.

THIS IS WHY I URGE THE COUNCIL TO SUPPORT LIMITING THE ADDITIONAL RESIDENTIAL
POTENTIAL TO JUST A FEW PERCENT UNLESS THE DEVELOPER REPLACES THE SUPERMARKET AS PART OF A REDEVELOPMENT. LET’S LINK THE ADDITIONAL TWENTY FIVE PERCENT OF VALUABLE
RESIDENTIAL FLOOR AREA TO DEVELOPMENTS THAT REPLICATE SUPERMARKETS SHOULD KEY FOOD OR JUNIOR’S BECOME DEVELOPMENT SITES.

BROADWAY DEVELOPMENT

MOVING ON TO BROADWAY, WITH ITS ELEVATED TRAIN STRUCTURE, CITY PLANNING HAS
PRESENTED TO THE COUNCIL ITS OPTIONAL BUILDING WALL SETBACK. THIS APPROACH PLACES QUALITY-OF-LIFE CONSIDERATIONS TO THE DISCRETION OF EACH SITE’S DEVELOPER. AS PUBLIC SERVANTS WE SHOULD DEMAND BEST OUTCOMES FOR THE PUBLIC, WHETHER THEY BE WALKING ALONG BROADWAY OR LIVING ALONG THE ELEVATED SUBWAY STRUCTURE, RATHER THAN LEAVE DEVELOPMENT TO CHANCE.

ATTACHED TO MY REMARKS ARE PHOTOS ALONG BROADWAY OF THE SUBWAY STRUCTURE, WITH ITS PLATFORMS, STAIRS AND CURVING TRACKS CLOSING IN ON BUILDINGS ALONG BROADWAY. ALSO THERE ARE PHOTOS OF RECENT RESIDENTIAL DEVELOPMENTS ALONG BROADWAY IN WILLIAMSBURG AND BUSHWICK, CREATING LIGHT AND AIR CHALLENGES FOR PEDESTRIANS AND NOISE CHALLENGES FOR RESIDENTS.

WHAT YOU ARE BEING ASKED TO ADOPT MERELY MANDATES FUTURE BUILDINGS TO BE SET
BACK FIVE FEET. THE LAST PHOTO IS THE ONE CASE WHERE THE DEVELOPER ACTUALLY SETBACK ALONG THE LINES OF WHAT I BELIEVE SHOULD BE MANDITORY IN ORDER TO ASSURE BETTER LIGHT AND AIR TO PEDESTRIANS AS WELL AS PROVIDE EXTRA DISTANCE AS AN ADDITIONAL NOISE MITIGATION MEASURE FOR RESIDENTS. I URGE THE COUNCIL TO FOLLOW MY LEAD.

INCLUSIONARY HOUSING

FINALLY I WANT TO DISCUSS HEIGHTS ALONG BROADWAY AND MYRTLE AVENUE, BOTH OF
WHICH ARE PERMITTED TO HAVE THIRTY THREE PERCENT MORE FLOOR AREA WHEN A DEVELOPER PURSUES THE AFFORDABLE HOUSING BONUS.

CITY PLANNING IS PROPOSING ESSENTIALLY TEN STORIES, WHICH IS REALLY NECESSARY TO
ACCOMMODATE THE ADDITIONAL THIRTY THREE PERCENT BONUS FLOOR AREA. BUT THESE EXTRA TWO FLOORS ARE FAR FROM ESSENTIAL WHEN DEVELOPERS OPT TO MERELY BUILD AS-OF-RIGHT MARKET-RATE HOUSING.

EVEN WITH THE FLOOR AREA BONUS AND ACCESS TO GOVERNMENT FINANCING, TOO OFTEN
DEVELOPERS ARE REJECTING THE OPPORTUNITY THAT YIELDS AFFORDABLE HOUSING. THEREFORE, WE SHOULD LEVERAGE THE EXTRA TWO FLOORS OF HEIGHT AS AN ADDITIONAL INCENTIVE TO ACHIEVE MUCH NEEDED AFFORDABLE HOUSING.

BY NOT LEVERAGING THIS HEIGHT WE ARE MERELY REWARDING RESIDENTIAL DEVELOPERS
WITH HEIGHT TO SHIFT FLOOR AREA SKYWARD WHERE SUCH UNITS ARE MORE FINANCIALLY
LUCRATIVE, WITH NOMINAL PUBLIC BENEFIT RESULTING FROM OUT-OF-SCALE NEW CONSTRUCTION.

IN CLOSING, I ASK THE COUNCIL TO EMBRACE THESE IMPROVEMENTS TO AN OTHERWISE
EXCELLENT PROPOSAL, AS A MEANS TO PROMOTE FRESH FOOD ACCESS, QUALITY-OF-LIFE AND
AFFORDABLE HOUSING.

THANK YOU.