Boerum Hill residents sue to stop rise of 800-foot Flatbush Avenue tower

The plaintiffs challenge that the upzoning for 80 Flatbush is
“unlawful”

Nearly a year after the City Council
voted to approve
80 Flatbush, the dual-building development set
to rise in Downtown Brooklyn, a group of neighborhood homeowners
still seeks to stop the project from moving forward.

The Brooklyn Daily Eagle
reports
that five residents of State Street, who’ve banded
together as the 400 & 500
State Street Block Association
, have filed a petition in New
York state Supreme Court to annul the upzoning, calling it
“unlawful and constitutionally impermissible” in the
petition.

“State [Street] will be turned into a back alley and an after
though[t] – the backend of a development so big, it belongs in
downtown Manhattan, not a residential neighborhood,” the
website for the plaintiffs
reads.

The project, which is being spearheaded by Alloy Development, is
set to rise on a lot at the crux of Downtown Brooklyn and Boerum
Hill, bordered by Flatbush and Third avenues, and State and
Schermerhorn streets. The plaintiffs call this a “single family
home, low-density area,” though the Atlantic Center mall, the
Barclays Center, dozens of apartment buildings, and the Atlantic
Avenue-Barclays Center transit hub are all within a stone’s throw
of the site.

Alloy’s
original proposal
called for building two new towers—one a
bona fide supertall at 986 feet, the other a comparatively modest
560 feet—that would house 900 apartments, 200 of which would be
permanently affordable, along with Class-A office space. But after
much back-and-forth (and
fierce opposition from some community members
), the City
Council approved
a plan
that kept much of the buildings’ density (as well as
those 200 affordable units) while reducing their heights to 840 and
510 feet, respectively.

But members of the State Street block association say that the
very nature of some of the project’s amenities—including two
schools and affordable apartments through the Mandatory
Inclusionary Housing program—is unconstitutional. “Indeed, what
occurred here was not zoning, it was legislative action, bought and
sold,” the petition reads. The City Planning Commission (which
also
approved the upzoning
), City Council, NYC Educational
Construction Fund, Alloy, and the city itself are named as
defendants in the petition.

A spokesperson for Alloy told Curbed, “It’s a shame that a
small handful of wealthy homeowners are making a last-ditch effort
to derail a project that will deliver so many public benefits. We
believe the record will show that the process was lawfully observed
and that the decisions reached were well-grounded in the law.”
The spokesperson also noted the “broad support” the project
received as it went through the city’s lengthy land-use review
process, including votes of confidence from organizations as
diverse as Transportation Alternatives, the Arab American Family
Support Center, the Brooklyn Children’s Museum, and BRIC.

The case will go to the Manhattan Supreme Court on July 19.

Source: FS – All – Real Estate News 1
Boerum Hill residents sue to stop rise of 800-foot Flatbush Avenue tower