Fourth Ave Apartment Tower Developers Sign 'Community Agreement'

BROOKLYN, NY — Developers of what has become a controversial apartment tower on Fourth Avenue have signed a legally-binding agreement with the community that could be the key to gaining support of City Council for the project.

Totem, the developers behind 737 Fourth Ave., unveiled the details of a Community Benefits Agreement on Tuesday during their first hearing with City Council on the project, which proposes changing zoning rules to replace a Dunkin Donuts and parking lot with a 14-story apartment complex.

The agreement, signed this week with four local organizations, puts in writing a long list of commitments Totem has made as its project moves through the public review process known as ULURP.

And given a favorable reaction from local Council Member Carlos Menchaca, the agreement could signal final approval is on the way for the development, which has sparked fierce debate about affordable housing in the neighborhood. Menchaca said Tuesday that something like a CBA is integral to his potential support for the rezoning.

"Because ULURP is flawed, I have conditioned my support for rezonings on requiring developers to go beyond what is required by the law, and I am pleased that the developers of 737 Fourth Ave. have been responsive to Community Board 7 and the coalition of organizations that have come together to talk about the needs of the community," Menchaca said at the start of the hearing.

The City Council hearing follows two fraught approvals from Community Board 7 and Brooklyn Borough President Eric Adams, who supported the project with a number of conditions, many of which are included in the agreement.

The Fourth Avenue development would bring about 135 apartments, 33 of which would be set aside as affordable.

Among the commitments in the CBA are an easement for the MTA to build an elevator for the nearby 25th Street station, not building any studio apartments so the complex is geared toward families and making some of the affordable spots available to those making 30 percent the area median income, or about $24,000 per year.

Menchaca pushed Totem on Tuesday to hold public meetings so residents can understand the entire contents of the CBA.

Opponents of the project have contended that the 34 or so affordable units offered by the building are not enough to warrant its 100 market-rate spots.

Several speakers Tuesday said they still were against the project, even given the CBA.

"The CBA is not enforceable unless you take the people to court — we don't have time to do that," Assembly Member Marcela Mitaynes said. "We cannot afford to allow a precedent to be set for a large development in an area that is specifically zoned against it."

Developers have said they cannot offer more than 25 percent of the building's 135 units as affordable given the high land costs and lack of a subsidy from the city. The 34 affordable units will be a 30 percent increase in the number of affordable apartments in Community Board 7 in the last six years, according to the Fifth Avenue Committee, who support the project.

Others who spoke Tuesday said the CBA deepened their support for the project.

"It's not something you see from for-profit organizations, it really shows a desire to work with the community," Daniel Lebor said. "Totem is taking a step in the right direction to provide much-needed housing."

Here's a look at the CBA details shared Tuesday:

Read More:

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• Developers Plan 14-Story Affordable Housing Complex On Fourth Ave