The petitioners had sought to annul the NYC Department of City Planning’s (DCP) determination that “the proposed rezoning of Sunset Park” (rezoning) would not have a “significant environmental impact.” The trial court had dismissed the subject Article 78 proceeding. The issue on appeal was “whether [DCP] conducted an adequate environmental review of the…rezoning of an approximately 128-block area in Sunset Park, Brooklyn….”
The rezoning had been approved by the City Council and was intended to “preserve the existing neighborhood character and scale by placing height limits throughout, create opportunities and incentives for affordable housing through ‘inclusionary’ zoning, and support local retail corridors, while at the same time protecting the residential character of nearby side streets, by applying contextual zoning districts and mapping commercial overlays (commercial districts within residential areas).”
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