Community Board 10 voted in favor of the proposed rezoning for an 11-story, 129,035 square foot building at 9201 Fourth Ave. during a meeting on Jan. 20.
The mixed-use development proposal includes roughly 110,000 square feet for 97 housing units and 18,000 square feet for commercial use.
The plan includes 19 one-bedrooms, 62 two-bedrooms, and 16 three-bedrooms. Of the 97 units, 24 would be affordable.
For commercial use, the applicant, 9201 LLC, has plans to build a supermarket to occupy the space. There would also be parking for 52 spaces underground in the existing cellar.
The motion was carried following a vote by board members at Dyker Beach Golf Course, 1030 86th Street.
“The Zoning and Land Use Committee reiterated that it approaches all upzoning requests with caution, particularly because rezoning applies to the property regardless of ownership and may allow future development that differs materially from what is presented if the site is sold or transferred,” said Stephanie Simone-Mahaney, the committee’s chairperson. “The committee specifically noted past experiences for zoning approval were followed by changes in ownership and substantially different outcomes. These concerns were explicitly weighed as part of the committee’s deliberation.”

In past meetings, committee members asked whether the project could provide more than 25 percent affordable units.
“The applicant said the affordable units are largely family-sized, consisting of five one-bedrooms,15 two-bedrooms and four three-bedrooms,” she said. “The team explained that increasing the affordable share would require smaller unit sizes and would undermine the project’s financial feasibility. They emphasized a strong unmet demand for two-bedroom units and a scarcity of larger affordable apartments in the district.”
The committee reiterated its concern that a rezoning applies to the property regardless of ownership and that a future owner could pursue a materially different project.
“This is probably the number one concern for the committee,” said Simone-Mahaney.
They also raised potential issues with sewer capacity and flooding.
“The team stated that residential sewer demand would be comparable to and, in some cases, less than a fully utilized commercial or medical building,” she said.
Traffic, pedestrian safety concerns, and the presence of a school, bus routes and a firehouse at the intersection have also been presented to the applicant.
“The team stated that the intersection is fully signalized with pedestrian intervals and is not designated as a Vision Zero high crash location,” Simone-Mahaney said. “They noted residential use generally generates fewer vehicle trips than a fully tenanted commercial building and emphasized transit access nearby. They also explained that new construction requires sidewalk, crosswalk, ADA ramp and drainage improvements.”
“Notwithstanding these concerns, the committee concluded that this application presents a distinct and limited circumstance that merits different consideration from typical zoning requests based on the following factors,” she said.
Some factors included a long-term vacancy and deteriorated condition of the current building, the unusual size and configuration of the site, and proximity to transit.
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