Mt. Pleasant Project - Developer ‘Wants’ vs. Zoning Compliance

by Meg Yergin -

As previously reported in a prior article (see HERE), a 63-unit all-affordable building was first proposed by Search for Change to be built on Mt. Pleasant Avenue in May 2024.  There are currently three dilapidated houses on the property.

Half of the units will be set aside for individuals with severe mental illness chosen by Search for Change with support services for them provided on site.  The other half will be tenants selected by a lottery system for individuals from a number of New York counties.  The Planning Board (PB) began a site plan review of the project on May 30, 2024.

Over 20 residents voiced their opposition to this project at a meeting of the PB last November, many of whom live behind the site on Maple Avenue.  Their concerns included potential increased flooding due to the new building development and the loss of 22 mature trees, increased traffic congestion and pedestrian safety risks, and an increased burden on the Village’s emergency services.  Residents also noted that this six-story structure will be the second tallest building in the Village, and it is not in keeping with its coastal-village character.

One neighbor told the PB that “supportive housing” is a special needs category which should not be “pigeon-holed” into the Village Code’s definition of affordable housing.  Currently, the neighbor pointed out, the Code lacks any criteria for this specific use such as emergency services requirements. 

Bonuses for Affordable Housing

To promote affordable housing development in the Village, the Board of Trustees (BOT) - led by then Mayor Tom Murphy - approved development bonuses for affordable housing in the C2 district in August 2023.  These bonuses include the ability to build up to six stories and 60 feet high (with the exception of Mamaroneck Avenue) if 100% of the units are affordable.

Soon after this change, two affordable housing proposals for the Hunter Tier parking lot site were submitted by developers.  See Westhab/WHA Hunter Lot Proposal and Luna Hunter Tier Proposal .  Both proposals included plans for a six-story building claiming a density bonus.  

The BOT, including newly elected Mayor Sharon Torres, voted to pause the Hunter Tier Project on Nov. 12, 2024.  This action followed the discovery that one of the developers, WestHab/WHA, had been in close contact with Village officials for years before the project was announced, and had provided significant input to the project’s official Request for Proposal.  See HERE.

Zoning Determination for Mt. Pleasant Project

On April 14, 2025, Building Inspector Scott Ransom informed the PB that the Building Department is undertaking a review of the Mt. Pleasant project’s original zoning determination that was made under then Building Inspector Carolina Fonseca.  See email HERE. This decision put the PB’s site plan review on hold, although the applicant was permitted to address the PB at its meeting on April 15.

The applicant’s attorney, Neil Alexander, acknowledged at that meeting that the project requires a variance for parking from the Zoning Board of Appeals (ZBA) because it lacks more than 20 of the parking spaces required under the minimum requirements of the Code.

The Wants of Property Owners vs. the Zoning Code

In New York State, property owners’ rights are subject to local zoning code ordinances.  The purpose of these ordinances is to support the welfare of the overall community and ensure that the municipality is developed to conform with its comprehensive plan.

In the Village, it is the Building Inspector’s responsibility to confirm that any proposed project is zoning compliant.  

Every application for site development plan approval shall be accompanied by a certification by the Director of Building, Code Enforcement and Land Use Administration to the effect that said plan meets all the specific applicable requirements of this chapter [342] and a certificate by the Village Engineer that the plans meet all the applicable standards and requirements established or approved by him. VOM Code §342-74.

A property owner seeking relief from a zoning requirement may apply to obtain an exception to the Code – called a “variance” - from the Zoning Board of Appeals (ZBA).  See HERE. An applicant must obtain all ZBA approvals for required variances prior to PB site plan review.

Lately, however, there have been several applications before Village land use boards that residents have complained are not zoning compliant.

Additional Zoning Determination Complaints

On April 23, 2025, the PB approved a subdivision at 308 Melbourne Avenue despite the fact that the Building Department has yet to determine if ZBA approval is required for the parking proposal to bring one of the lots into Code compliance.  See Despite Neighbors’ Protests, Subdivision is Approved.  One frustrated Melbourne neighbor told the BOT at its April 28 meeting, “If you come to the Planning Board with a lawyer, you get what you want”.

Neighbors of another application currently before the PB at 1011 Greacen Point Road have complained that plans for this project are not zoning compliant, citing the fact that over 25% of the development will be located within the Village’s 100 foot wetlands buffer and would increase flood risk for the entire neighborhood.  See Colliding Concerns.  In addition, neighbors have complained to the PB that the plan to build a 4 ft – 6 ft high retaining wall along the property line shared by a next door neighbor requires a variance from the ZBA to comply with Code minimum side-yard setback requirements.  See Building and Bollards.

Greacen Point neighbors have complained of additional non-compliance issues.  These include the incorrect calculation used to determine the ‘Floor Area Ratio’ and the number of stories, resulting in a larger structure then what the Code permits without a variance.  Neighbors claim that the home has been designed with three and a half stories rather than the two and a half permitted under the Code.  See HERE.

Reliance on Professionals

Members of the Village’s land use boards are volunteers who rely on the Building Department, professional consultants and legal counsel for guidance regarding Code compliance questions.

At its meeting on April 30, 2025, the BOT appointed a new law firm to provide legal counsel to the land use boards.  In addition, a new Building Inspector and other personnel have been hired recently at the Building Department.  Residents are waiting to see how these changes will impact the work of the land-use boards.

Proposed Search for Change Building