New York City sued over luxury development on Adventists site

Crown Heights residents in New York and preservation organizations have sued the city authorities to stop the construction of apartments on the site of the Hebron Seventh-day Adventist church and school.

View of the Hebron School from New York Ave and Park Pl. Photo: BK Reader

On April 8, residents filed a petition in an attempt to block the approval of the project, accusing the city of breaking the laws by failing to hold a public hearing on the revised project plan.

“Once again, the city has provided a so-called ‘public hearing process that is designed to give the appearance of public engagement, when, in fact, the process serves only to disenfranchise communities from having a say,” Jason Zakai, one of the attorneys for the petitioners, said in a statement.

Built in 1889 as the Methodist Home for the Aged, the building is one of the last Victorian-era institutional buildings with grounds largely intact in all of New York City.

The project was approved by the city in May 2021 following a long back-and-forth process that included several design changes, and significant community opposition.

Although the church authorities are willing to enter a deal with developers, residents say that the seven stories buildings would block views of the historic church and school and all of the neighbouring row houses, and would deprive the community of green space.

The city received nearly 300 letters in opposition following a hearing on the development last March, including ones from then-Councilmember Robert Cornegy, Community Board 8 and the Crown Heights North Association.

“Thousands of residents, local officials and community groups were utterly dismissed after months of protest,” a representative for Friends of 920 Park, a community group formed to fight the development, told BK Reader in May. “We put our weight against the door of an invading developer, and LPC has nonchalantly unlatched it, and let them in.”

The group has been fundraising for the lawsuit since the new construction was approved.

Michael Hiller, lead counsel in the litigation, said the lawsuit was part of a larger fight against a “systemic, institutional bias at the Commission,” that included a “pattern of approvals of contested applications.”

He said that the way the LPC closed public hearings after initial plans were filed and did not require them for resubmitted plans amounted to “a direct violation of the Landmarks Law, not to mention the requisites of due process under the Constitution.”

“In every conceivable way, the Commission is engaging in procedural malpractice that harms the cause of preservation and the interests of New Yorkers dedicated to maintaining the integrity of historic neighbourhoods and properties,” Hiller said.

If the petition succeeds, the developer will have to stop the existing project and start again to seek a new approval.

The lawsuit comes after the new development received a $55 million construction loan in February 2022. SCALE Lending announced that it would be financing the 150,000-square-foot, seven-story development, which the lender said will have 158 units, 48 of which will be set aside as affordable housing under the Affordable New York programme.

Source: BK Reader

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