Community Board 10

Minutes October 2007

October 3 Community Board 10 Minutes 

Affordable units 

Homeownership $34,720 - $616,650.00  

Ms. Jenkins- NYC Area of 56K not the 70K 

Chair: Have HPD respond to AMI.   

Speaker: HUD issues the AMI (Area Median Income) it is not determined by the City.

For 2006 it was $70,900K for a family of four, 2007 it is around 56, 57, 58K.  However does not recognize the lower end.  They have frozen the AMI at the 2006 level, because it is dropped so far down, it is taken as an anomaly.  So they are going to wait another year or two years to see if it remains consistent or if it goes up or down.  It is not a City decision it is a Federal Government Decision. 

Another issue, no matter what the AMI is.  Home ownership can only be supported at certain levels.  If you make the income too low for home ownership you run into problems.  You have to make mortgage payments.  If there are repairs, there is no super to call.  The landlord is not going to cover it, the resident has to cover it.  There must be savings and reserves to cover those things.  HPD as an agency does not want to set people up to fail.   We are not going to do home ownership below certain levels.  We do not believe it is wise. 

Chair:  The rates between the first meeting and the second meeting were about $20,000 less.   We did get the homeownership rates lower in all of the units. 

Ms. Barbara:  Who are the officers that will protect the $2.8M condominiums and the coops and brownstones in that area?   

Chair:  The police spaces that she is referring to are parking spaces.  Right now the police have control over 2 of the lots, they have impound cars on two of the lots.  So that the way that this project has been structured, there is going to be a secure parking facility within the other parking facility where those impound cars will be held.  It does not mean that those police officers will be sitting in the parking spaces.  Impound cars sit there.   

Police protection- There are some units that are withheld or targeted for city workers and police officers. 5% of the affordable housing is available in most of the projects that come before us.   

Developer: These parking spaces are not accessible by human beings parking their cars.  They are accessible by the Parking Attendant or the tow truck operator via the elevator.  So there are no parking spaces reserved for high ranking officers from across the street or special officers for this building. 

Tow trucks will pull in, go down in the elevator and bring in immovable impound cars.  Back them into a secure facility that has a security system and a gate in the lower section of the garage and leave them there.   Part of the issue has been that cars were getting broken into while they were on the impound lot.  This is a much more secure facility for those impound cars.   

New Speaker:  Condominiums are not selling.  They are now being rented out for as much as $12M.  In this market right now, there is an oversupply of Condo’s.  Does he feel to stay strictly condo or potentially commercial.  Does the building have a lottery process for every apartment. 

Does the subsidized apartment come with restrictions?  Is the owner allowed to sell the apartment, if they move in a certain price range.  

HPD:  15 year restriction on the affordable unit. The first five years any profit from resell or anyone makes from the unit goes back to the city.  The next 10 years, increases every 10 percent of the profit they have to pay back to the City.  After 15 years they are free to sell it.  

HPD we do a lottery on affordable houses.  

Daniel Perez:  In 2006, there was an agreement signed by the chair of board 9, 10 and 11 and 12 that we would not approve any plan for housing that pioneers of the  Harlem Community could not afford.   The pioneers are the people who stayed in the area when everybody left, and brought the area back.   My question, is if we made that agreement, why are we still going along with condominiums when we cannot afford the condominiums as we live in Harlem, educated in Harlem and the trades that we received in Harlem do not enable us to purchase the Condominiums.  We do you continue to approve programs that our people cannot afford. 

Chair:  If you look at the affordability on this project, we are talking about a teacher by themselves, a postal worker, by themselves affording some of these units.  These are some of the most affordable condominiums that we have seen.   Harlem has the lowest home ownership rate of any community in NYC.  We cannot control our community if we do not own it.   

Julius Tajiddin:  NYC Zoning law requires division of all street and parking for most new developments.  Parking at the site of the new development helps eliminate congestion on nearby streets.  In areas where additional parking would generate more traffic than desired, and where mass transit is available, the requirement for on site parking is reduced or eliminated.  At that first meeting, the place was 28th Precinct, slowed down on the project because of the parking situation.  They stated that parking would not be desirable on Frederick Douglas Blvd.   

If you are holding a second meeting, you needed to invite me, you didn’t invite the people who attended the first meeting.   

So we would have permits, that would have a fair representation of 28th Precinct position on parking aspect of this project.  But now you held a second meeting, which this is issue is not even an issue.   

Parking spaces, not a mandatory thing, it is not going to work in that area.  Sometimes you cannot have on site parking. 

Chair:  The 28th precinct is in favor of this project, that is why they conceded control of the land to HPD for this project.  I know that representation from the 28th Precinct are here.    Could you please come forward.   

Also, the development of this size mandates parking.  You are looking at a general comment, you are not actually looking at zoning of the project.  It is mandates parking and one of the things that you must understand also is the reason why underground parking is mandated is alleviate congestion.  When homeowners come in, they may have a car or  two.  In order to accommodate the additional residential use in this development, there is underground parking, so there is more parking added rather than parking that is taken away.  

Captain from the 28th Precinct: Issue with parking and impounded vehicles has been worked out.  The issue with parking at least when it comes to police officers is contractual.  The city agrees to allow certain parking spaces in the vicinity of the precinct

There is a specific formula.  Depending on how many police officers work a the precinct, they have to provide parking for the police to come to work.  The area across the street, we decided we were going to use it for impound so that we can free up some of the spaces around the precinct for the police officers to park.   

Ms. Martha:  Land Use Meeting 331 and section 0 (the secret meeting).  I would like to know if this board votes this down what will your position be?  Where there continue to be a project. 

The committee makes a recommendation, the full board ratifies it.  So if the full board votes yes or no that is the position of the full board.  

Speaker:  River to River Project, we will decide this in our Business Section. 

Chair:  We will vote on that in our business section. 

Jabari Chair of Land Use: Rezoning of 125th Street. 80% of the proposal we agree with.  The 20% we disagree with, we have grave concerns about.  This is not an issue of quantity but of quality.  We clearly believe that if the City Planning moves forward with its proposal, then it will irrevocably change the face of 125 street and the face of the Harlem Community. 

We agree with the concept of having vibrant active 125th street later in the evening.   

We believe that in some instances that the low rise character of the neighborhood is preserved, particularly the area around Marcus Garvey Park.  Harlem is a neighborhood where most of our buildings are no more than 5 stories.  Some elements of the proposal would have some of those areas to be as high as 29 stories.   

We do agree with the concept with maintaining the low rise nature of Marcus Garvey Park, we do have grave concerns about height in other areas.   

We believe that housing is helpful. 

We believe that creating a arts and entertainment core subdistrict that provides lots of space for arts and entertainment uses is something that we should do in our cultural corridor of 125th street. 

 
We also believe that the attempt to create transparency in terms of the fronts of stores, see through store gates instead of riot gates is also better.  It lends light to the street in evening hours. 
 

There are at least 5 things that we have grave concerns about.  

There is going to be an over emphasis of residential development on 125th street.  We believe that while the Harlem should maintain its low rise character, we believe that those particular buildings could be a bit larger to allow more business to take place on 125th street, particularly more affordable spaces for indigenous folks that have been doing business here for a long time but have been priced out.  

Height – 290 feet, most people don’t want anything to be taller than the Hotel Theresa.  Hotel Theresa is about 160 feet.  

There are not provisions to support any of the residential units that are proposed.  Affordability. 

Affordability of commercial space.   We believe that there is an over proliferation of banks.  In doing that we believe that we are not able to have more of our business.  Banks generally pay whatever you want them to so it drives up the costs of the some of the major spaces on 125th street.  While the banks are focused on the corners, all the spaces in between, their rates go up.  

We asked the plans to be changed, they were not changed.  We need your support and assistance in making sure that 125th street looks like the boulevard that we want it to look like.  Rather than the boulevard that folks that don’t live here want it to look like.  

Nicollette – co-chair of the Land Use Committee to go through the proposal.  How we can preserve Harlem’s physical character through restrictions on buildings.  

Maximal height should be 160 Feet.

Maximal building width should be 100 feet.

Side wall set backs.

Maximal retail frontage should be a maximum of 50 feet. 

Beatrice Sibblings:  When you make a change in zoning it affects the entire character of the neighborhood.  Harlem has one main commercial corridor which is 125th Street.   It increases the interest of developers to create residential development on 125th Street and the way it does that is through concept of development rights that you have.  This is 40 year old zoning.  For every 1000 feet you have, you can build roughly 4000 feet, straight up 4 stories, that will go from 4 to 8.  Under the city planning current zoning, that really only happens for residential.  The American Planning Association just came out with a study within the last week defining 125th Street as one of the top 10 streets of our country.  125th street is not broken.  Why fix it, why change it.  City planning did its homework for three years met with residents of Harlem and decided that the residents want Housing – but the residents want affordable housing.   The City took that heart felt community meeting and used it to justify the transformation of 125th Street into 86th street, a luxury high rise community.    When you push them on it, they will quote you verse and say the community wants housing.  Yes the community wants housing but when you put $700,000 and $800,000, million dollar condo’s on 125th Street, that is not what the community is looking for. Buried in the details of the rezoning is that eventuality.  You cannot see it because it is a little zoning number.  But when you walk down 8th and 6th avenue and you see single story buildings, those are called tax payers.  Where the developer puts in just enough to generate business to pay the taxes.  As soon as the zoning goes through, the tax payers come crumbling down and the high risers come rushing up.   The horse is out of the barn. The rent for commercial space on 125th street is $120 per foot.  That means for 1000 square foot, you have to pay 120K a year to rent commercial space on 125th street.  That is not for local business.  When you rezone 125th street and it goes commercial, those tenants are going out of business, they are going out of our neighborhood.  We are losing our small businesses, we are getting luxury residential.  And what are the jobs for luxury residential??  Food delivery.  We have an opportunity in NY to market.  After 911, commercial rents dropped.  No one wanted to do business in NY.  Commercial rents are rising and will continue to rise.  We have ____ looking to build the first class A office building where the ______site, where they have bought, bringing business and jobs to Harlem.  Why when the market is finally here, when we are being recognized as a top street when top developers are bringing office space to Harlem and our small business are growing, why is the time to turn 125th street into Luxury residential?  We have been told by these many  meetings that our input has been incorporated, the bid input is now paragraph task 23 on page 35.  We have been working with City Planning for a year and we have 3 paragraphs and a foot note.    We were told that we have to fight them.   

Jackie Halpern – attorney for Save Harlem Tenant Association:    Represents small business owners who are being evicted from their livelihoods.   Kinco Realty and Siegfield group bought over 35,000 square feet of Harlem Real Estate and plans to demolish this property that is so rooted in Harlem Culture.  They plan to destroy buildings that first housed Malcom X’s office and the first African Americal Architecture.  It plans to terminate the leases of Harlem Business that poured their blood, sweat and tears into their businesses in this community.    

I am extending an invitation to you all to come rally for Harlem on Sunday 10/28 at 1 PM

outside this building.  If you are a politician that is not on our list, please contact us for a speaking spot on our agenda.  The event will be covered by the media.  The Harlem community is looking forward to the support of its community leaders.    I am happy to announce as the attorneys for Save Harlem Tenants Association, we are currently drafting legislation that directly speaks to the haphazard demolition of Harlem.  If language mandates that should Harlem real estate be demolished, its replacement must offer percentage of low income housing if residential and if commercial, a percentage of the space must be rented to Harlem small businesses at a very reduced rent rate.  

Please feel free to contact me at any time.  My Name is Jackie Halpern at Adam, Light and Bailey P.C. , a real estate law firm downtown.  212-825-0365 x 1970.  

Katwy Heru, Housing chair of CB10:  What is being proposed in reference to income targeted Housing. 

At the June 30th meeting what we attempted to do was to go through what we heard at several meetings with the community board and more specifically with the community in terms of what the needs are for this community specifically.  

The median income in Harlem at this time is about $26,000.00 annually.  When you put that in a construct that involves Housing, there are very real issues.  

What is the give back to the community that has been here, how does it relate to 125th street.  We are not looking for 42nd street to move uptown.  There is a reason why Harlem has maintained its dignity and character over the years as the hub and mecca of Black America if not the world.   This community needs to preserve its character and participate in this windfall of economic advantage.  So we are proposing that we look at income targeted units, those have to be on site.  Because the plan as it exists now, they take income targeted housing and use the inclusionary bonus and make it within one mile of a developer which means some of might end up getting a barge on either the east river or the Hudson River.  What we are suggesting is that if we look at this scenario and develop concrete formulas around it, which is where the struggle lies, we need to get the condo developers if they do come up here, they will have to sensitive to the community’s needs and willing to look at the some of the funding strategies and subsidies that we are talking about that speaks to what the community wants and if there is an issue around privatizing and we understand what that means, if you are getting more space, they  need to take into account some of these constructs which talks about the units need to be on site.  We are not looking for them to be outside of the community board.   That income targeted requirement needs to be set at 30% not at 20% and all those new residential units do not need to be built on 125th Street.  Use 124th and 126th Street.   

Get rid of the term of Affordable – affordable to who.  Income targeted – where is that money going and who is going to be able to participate in that.   

What we are proposing to you to put a coalition around this because city planning has clearly taken off the gloves.  Mayor Bloomberg is moving full steam ahead with this piece.  We have to give the right community push back which means we have to start lobbying our legislators, we have to start putting the language on their lists so that when we go to the honorable Inez Dickens, when we go to the Borough President’s office, they will know where we stand because the constant thing that they are getting is that we are not organized and are not being responsive to this at all. 

Carlos Vargas-Ramos – Chair of the Economic Committee, I also sit on the Transportation committee.   

Wants the Landmark Preservation Committee to pay attention to Harlem.  125th Street is the best place to start.   

Health:  Harlem has serious health disparities.   Asthma is very high.  For that we are concerned about what types of materials are used when we build these buildings.  We are proposing that they use green designed requirements in order to remove those environmental conditions that exist in homes we have in Harlem. 

Transportation and the repercussions it has on health and quality of life throughout Harlem.  This plan does not address the recent proposal by the Mayor under the plan 23 for congestion pricing and  how it would impact the Harlem Community.  Not just because Harlem can become a parking lot, but specifically because Harlem can become like what Canal street is right now.  Which is the only River to River thorough fare that you do not have to pay a toll or fee to go across town and that will have a serious impact on transportation on 125th Street.  No one has addressed that. 

The city has officially sanctioned their proposal.  Meaning, they have filed an application and this community board has 60 days to give review of their proposal.  That clock is not going change.  We have a counter proposal.   

You can also give comments and participate in this public review process.  ULURP stands for Uniform Land use Review Procedure.  It starts here.  Then goes to the Borough President’s office, to City planning commission and ultimately to the NY City council for final disposition to be approved or changed.  

We need to engage in very strategic political activity right now.  Line up behind a plan that counters the city proposal and then every step of the way, we need to go the forum where this is going to be heard, the borough president’s office, the city planning commission and ultimately, the NY City Council.  

New Speaker:   

Benefits:  We have to be able to afford to live in the project.

 
We have to maintain our culture.  We have to put more into developing our cultural institutions.
 

When we talk about jobs, do not let them full you by saying we are going to give you 100 jobs and we go in, clean, level the ground and the real workers come and make the money.  I propose this, we have to leverage the unions. There are about 12 unions that make the projects work here.  What we need to do is to get the union to commit to apprenticeships.  Once you have an apprenticeship into a union, you go to the next job.  If you are not in the union, you cannot be counted.   

We can have union people in our zip codes and they do not get to the first job.  So we have to target those jobs.  To our zip codes in terms of putting these people in these jobs so automatically the go to the next job, the next job and next job. It is about benefits.   

Jabari:  Question and Answer and Comment section. 

Michael McHenry Adams:  I would like to stress to the CB 10 – Landmarks.  We need to have buildings landmarks.  Use landmarks to protect their community. Need to keep control of our community. 

Speaker:  We need a Landmark Committee.  The elected has to know that they can stop the overdevelopment of Harlem.  If they cannot represent Harlem’s needs, we need to vote them out. Now we have a congressman, 36 years that is too long for somebody walking in Adam Clayton’s Powell’s shoes and not fighting for this community.  This is our community.  I am a carpetbagger 45 years.  But I raised my children in Harlem so that makes me a citizen of Harlem.  So instead of blaming the Community Board, we blame the people that put them in their positions.  They are there to do our business, the politicians, you have to wake up.  I am are tired.  Why am I fighting for my grandchildren, my grown children.  I need a place to stay. Are you going to give me a place to stay?   

And Ms. Siblings - Thank you for your comments.  I did not think anyone was concerned about the people of Harlem. Most of  you have I issues with.  You are not doing the service of the people in my community.  Tell your boss to get ready because we are coming.  We are going to do Adam, we are going to do Malcolm X.  We are going to Nationalist.  You can stay here and give us no benefits.  Where is the youth center.  Complaining about the youth coming up, popping you upside your head, grabbing your pocket book, knocking you down, your mother and father down.  All the people who have said something do not want to hear the truth.  Some people cannot get a loan. 

We are voters.  If you have not registered to vote, please do.   

Speaker:  Do not sell the soul of Harlem. 

Speaker: We need to speak out and we are determined to be heard.  

Speaker:    We must not attack each other.  The board is a volunteer organization.   The purpose for us tonight is to save our community and not to uphold our personal agenda.  We need common ground and work together.  

Speaker:  Micheal Minton Criger.  Pastor of Peace and Justice Ministry One World like system.  I have to put it in context of myself.  White is a mental illness.  White privilege is a mental illness.  I am Irish with radical relatives and racists relatives.  I am Italian with rational relatives and racial relatives.   I have been in Harlem in 1992.  I lost my home on Manhattan Avenue when I was with Rwandan Refugees in 1994 after Mayor Dinkins had been attacked.  I was called a N-I-G-G-E-R Lover at work.  Welfare said they will do a one shot deal, go to Africa.  Then they lost my home.  Now I am back. 

Why do I get upset with what I am seeing.  In 1968 I went to occupied Ireland. The entire main street was built by my Great, Great Grandfather.  Like the African Venders here who I help, my grandfather came here during the depression.  My grandmother who owned those houses rented to business who had their business on the first floor and housing on the second floor.   After the war was over, after 15 years of not paying rent and my grandmother asked for the rent, these business folk  - because what is happening to the black people of Harlem is what the British did to the Irish, said  no, squatters rights, squatters rights, you do not own this anymore.  So the business took what was our family, what was our community and it is being done here.  What I am concern with is that I see more leadership on this side of the table than on that side.  Leadership does start with serving the people’s interest.  In Ireland I saw a billboard that said Irish are racists. In the upper corner it said some, on the bottom it said are you.  It was sponsored by anti-inflammation youth council.  I have to ask why is it that the Lawfirm and myself has a nonblack, non-African American are going with our backs against the wall to help ______. The oldest black only business man on 125th Street.  No politician has come.  No Inez Dickens, not the assembly people, not the congress person.  I am in my 48th month of a rent strike.  I have already one 42 months, the first –Joseph Black has been 9 years in state prison.  And 125th street, the management of my building, even though we won our HPD case on 12/1, it took three NY 1 reports saying that a 76 year old, 36 year tenant with terminal malady, living with no water.  But this guy closes 8 business and both of the corners of 125th Street and St. Nicholas is supported by our council office.  That is not leadership.  If I can stand up against a bully, I ask everyone of you to know we the people are the power.  

Chair: With the comments that you have made, we actually agree with you.  The documents that we put forth is saying that we believe that City Planning is destroying our main street.  That is what we believe.  We ask you to come here because we want you to be aware of what is going on 125th street, we want you to stand with us to stop it.  We did not ask you to come here to tell us that we want to up zone 125th street, we want to sell it to people who do not live here.  We are saying the opposite. We actually agree with you.  The document speaks specifically to the issues.  We ask that if you continue that you at least talk about 125th street.  This is a dialogue, make it germane to the topic. 125th Street. 

New Speaker- I live on strivers row. Fear of extension. Please support what the board is doing. Big money talks.  We need Landmark Development. Michael Henry Adams 212-852-2556. Email Mrmhadams@aol.com  He has a solution he will offer for Housing and Landmarking.   This stops developers in their tracks.  

Julius:  Landmarks, landscape.   Blumesteins was the largest Department Store in Harlem.   

Chair:  It is important the community be heard.  

Julius:  There is a certain look that we in Harlem want maintained on this 125th street corridor.  If you allow to be torn down, or have other buildings encroach upon them, you are hiding the history of 125th Street and Harlem.  There should not be a building higher than the Theresa Building.   We need to fight for Harlem.  Fired up and ready to go to save Harlem. 

Jabari:  Question:  they would allow things to 160 feet.  The people of Harlem do not want anything to be taller than the Theresa Hotel or as tall either.   Is that the sentiment here?  People do not want the buildings to be hidden or overshadowed.  The buildings should not be taller than 13 stories.  Everything can be 160 feet- the crest of the Theresa Building. 

Question:  What we have to be concerned about is what the state does with the Victoria.  Because they come in and do eminent domain. If they get 42, then everyone else in the city will say, I want 40.     Please keep that in mind. 

New speaker:  Since they only understand numbers, we need to shut 125th street down since we are the largest consumers.  Then our politicians will come to where they belong, then they will listen to what we have to say.   Harlem has changed.  The problem is affordable housing.  Let’s do Landmarking.   We need to stop bleaching Harlem.  What happens when you put bleach on colored clothes, you ruin the fabric, you change the material, you change the color, its ruined.  I say stop bleaching Harlem. 

New speaker:  Barbara Askins – 125th Street Business improvement district.  Dealing with City planning since 2004 – we need to have testimony at these hearings that speak to the proposed actions the City Planner has put forth.  I suggest that we have a technical workshop to help people write their testimony in ways to express our issues.  I will volunteer my time.  It must be said in a language that addresses the proposed actions. 

New speaker:  Choose people for committee for volunteers for Testimony training. 

Valerie Bradley:  Rights being taken away from Harlem Resident’s.  I would like to know if there has been coordination between CB 10,9, and 11 who are impacted by the River to River project?  Have you guys been working together in developing a coordinated strategy? 

New Speaker:  Yes, I have been speaking to Robert Rodriguez who is the chair for 11, I am always in Jordan.  You have three different boards that have 3 different unique needs.  Overall, we all agree in terms of benefits and heights.  Now how that turns out down the road we are not sure.   

Robert – which is the eastside does not have a problem with housing on 125th Street, where as we do have some concern on 125th street.  We prefer to have it on 124, 126th.  So to answer your question, we are in communication.  We do have to iron out some particulars.  But overall, we are in agreement that we should work together.  

Valerie Bradley:  So are you developing a combined effort?  This will bring more weight to the City Planning Committee.

 
Jabari:  One of the things is that 125th Street is different in central Harlem from 125th Street in East Harlem and West Harlem. 
 

Our office will extend an offer to bring CBD 9, 10 and 11 together. 

Count:  

Yes 10

No 21

Abstentions 10 

Motion to Adjorn.