In a highly anticipated appeal case, the residents of Sheepshead Bay in Brooklyn, who have been opposing the construction of a homeless shelter on Coyle Street, are set to have a hearing at the New York City Board of Standards and Appeals (BSA) next Monday (August 10). Community representative Eddie stated that after months of gathering evidence and legal basis, the disputes presented to the BSA have expanded beyond the initial issues such as stormwater management to encompass over a dozen disputes involving zoning, building permits, land division, property rights, and statutory declaration procedures.
The current focal point for residents is the project’s shift from being labeled as “supportive housing” to being openly identified as a “shelter” in public registration documents before the issuance of new construction permits. These designations fall under completely different legal regimes within the New York City Zoning Resolution.
According to regulations, supportive housing is “restricted” to provide affordable housing for individuals with special needs, requiring a government regulatory agreement to be signed, eligibility criteria to be met, and leases to be signed. On the other hand, shelters for the homeless do not require these accompanying measures.
Therefore, residents argue that the issue is not simply about a missing document but presents a direct conflict between approved usage, registered usage, and the definition of supportive housing under the New York City Zoning Resolution. They demand a ruling from the BSA: the Department of Buildings should revoke the new construction permit granted despite knowing or should have known about the doubts surrounding the intended usage and documents.
Apart from the mismatch in designated usage, the over a dozen disputes raised by residents to the BSA encompass various aspects including zoning and land parcel declarations, construction and environmental procedures. Residents point out that the development consists of land parcels jointly owned by multiple owners, which legally require complete land zoning certifications, yet developers are suspected of manipulating old documents. Even the division and usage permits (CO) for the three existing buildings on-site have not been completed, with discrepancies in address numbers, property registration times, and other details.
Residents stress that these interconnected issues should not be dealt with in isolation by the Department of Buildings and hope that the BSA, after reviewing, will address each dispute raised by residents individually rather than providing a blanket conclusion.
Currently, residents have submitted all their concerns and supplemental materials to the BSA. Eddie mentioned that on the hearing day of August 10, over ten resident representatives will speak, with some residents attending in person to support, and the community welcomes neighbors interested in the case to attend in person or listen via online live streaming (online listening link: [link provided]). The hearing will take place from 10 am to 12 pm at BSA’s address in Manhattan: 22 Read St, 1st floor.
Residents have also notified the local councilor’s office, hoping that representatives of the people will attend to show their support. Residents express that this appeal is not just about stopping an unlawful development but also about urging the Department of Buildings and developers to proceed in accordance with the law, provide full disclosure, and for the BSA to be transparent and provide clear and reasonable explanations for every procedural loophole highlighted by the residents.