Crown Heights residents and preservation organizations have come together to sue the Landmarks Preservation Commission and a developer to stop construction of a new apartment building on the site of the Adventist church and school in seventh day of Hebron.
On April 8, Hiller, PC attorneys filed a motion on behalf of residents seeking to overturn the LPC’s approval of the project at 959 Sterling Pl., accusing the LPC of breaking laws by omitting to hold a public hearing on the revised project plan.
“Once again, the city has provided a so-called ‘public hearing process’ which is clearly designed to give the appearance of public engagement, when in fact the process only serves to deprive communities to have a say in the Commission’s decision-making,” Jason Zakai, one of the petitioners’ attorneys, said in a statement.
Residents have battled developers Hope Street Capital for three years over new construction in what they call the neighborhood’s “crown jewel”. Originally built in 1889 as a Methodist home for the aged, the monument-protected building on the site is one of the last remaining Victorian-era institutional buildings with largely untouched grounds throughout the city of New York, according to the petitioners. The site is also in the famous historic district of Crown Heights North II.
The project was approved by the PLC in May 2021 following a long back-and-forth process that included several design changes and significant community opposition.
The south wing of the existing building will be demolished in order to build the residential development. Residents say that, seven stories tall, the buildings would block views of the historic church and school and any nearby townhouses, and deprive the community of green space.
In an agreement with the church, necessary repairs would be made to the existing building in Hebron, developers Hope Street Capital said.
The LPC received nearly 300 opposition letters following a development hearing last March, including those at the time.Council Member Robert Cornegy, Community Commission 8 and the North Crown Heights Association. BK reader reported at the time that development hearings largely ignored vocal opposition from the community.
“Thousands of residents, local officials and community groups have been completely sacked after months of protest,” said a representative from Friends of Park 920, a community group formed to fight against development, said BK reader in May. “We put our weight against an invading developer’s door, and LPC nonchalantly unlocked it and let them in.”
The group has been raising funds for the lawsuit since the approval of the new construction.
Michael Hiller, lead counsel in the litigation, said the lawsuit was part of a broader fight against “systemic and institutional bias at the Commission”, which included a “contested claims approval model”.
He said the way the LPC closed public hearings after the initial plans were filed and did not require them for resubmitted plans amounted to “a direct violation of the Monuments Act, let alone the requirements of a due process under the Constitution”.
“In every way imaginable, the Commission engages in malpractice that harms the cause of preservation and the interests of New Yorkers who are dedicated to maintaining the integrity of historic neighborhoods and properties,” Hiller said. .
If the petition is successful, the proponent will have to stop the existing project and start over to seek new approval.
The lawsuit comes after the new development received a $55 million construction loan in February 2022. SCALE Lending said it would finance the 150,000 square foot seven-story development, which the lender says will have 158 units, 48 of which will be reserved as affordable housing under the Affordable New York program.
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