Mayor Eric Adams Blasting
His Way Into Your Community!
Part III

This is Part III in our series on Mayor Eric Adams’ CBC’s proposals to “improve” rezonings for developers.

Proposal: To Completely Eliminate the Community from the Rezoning Process

As we stated in the first post on this topic, Mayor Eric Adams’ commission made recommendations regarding changes in both the law and City and State administrative policies regarding rezoning applications for development. 

Sidebar: The Uniform Land Use Review Procedure (ULURP) was created in 1975 to allow residents an opportunity to have a say in what is being built in their community. ULURP happens within 7 months and the community, and the Borough President have a right to vote on a project. However, their votes are just advisory and thus cannot stop a project, but the review does allow residents to voice their concerns via hearings, committee meetings and then their final vote. It also allows the community the right to understand the project and examine any negative potential environmental impacts. In addition they can advocate for community benefits (which seldom become reality, despite promises  i.e. former Majority Leader Laurie Cumbo, who currently is Commissioner of NYC Cultural Affairs)

There are also votes from the City Planning Commission, the City Council and the Mayor’s veto power.  All of these entities’ votes are binding.

Once a project is certified by the City Planning Commission, the official ULURP process begins.

Third Recommendation  
The Community Board’s and Borough President’s review of a  rezoning development project should be removed from the ULURP process. As an alternative, only the Borough President should review rezoning proposals.

Their Rationale:
The Community Board and the Borough President review of a rezoning application makes the ULURP process too long. Both are just advisory anyway and can have different and contradictory opinions thus they should be removed.

In the alternative, the Borough President is the one that actually appoints the community board members, so in truth they speak for him/her, and he/she speaks for them. Thus, only the Borough President may participate in the ULURP process, along with the other entitites that have binding votes. This change would shorten the 7-month ULURP review process.


Our Response:
We were shocked that this was even written down on paper, submitted to several government entities and was approved!  We are also seeing in the papers, elected officials saying how ineffective the ULURP process is.  That it needs to be shorten or revamped, that it is preventing development projects from happening faster. Yes they are serious.

The Reality:
A complete removal of the affected community’s voice from the rezoning process, so we will not be heard or seen, rendering community boards completely powerless.
 
Fourth Recommendation
The Community review instead of being a part of the ULURP process, should take place during the pre-certification process.
 
Their Rationale:  
The Community Board and/or Borough President have never had an opportunity to truly impact a rezoning project once it was certified, thus they can have influence on the project before it is certified.

Our Response:
There is nothing built into this suggestion that states that the recommendations of the Community Board have to be considered during the pre-certification period, thus a Community Board’s role would be the same as it is now under ULURP, advisory and thus can be ignored.

There is also no reference to mandated disclosures to be given during the pre-certification process, that must be made during the ULURP process. (They will say the application is not finalized so you can not have what they are working on, nor hold them accountable to what they are deciding.) This will leave Community boards completely in the dark during the pre-certification process.

For example, when a project is certified and begins the ULURP process the Department of City Planning “DCP” is obligated by “law” to provide everything that is associated with the project.  However, in very controversial projects, DCP has failed to provide them and lawsuits have been filed to get DCP to comply. 


Reality: 
Currently, the only thing community boards have are their voices via the hearings, committee meetings and advisory vote, once an application is certified and starts the ULURP process. This would now be completely eliminated from any rezoning application.  We will not be able to hold any hearings, nor cast our vote.  The only true power community boards have is the power of the pulpit and that will be eradicated.  


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