Revised CBA - August 11th

The revised CBA was signed and released by SOSNA on August 11th. We are seeking more time to give more solid and constructive input from the community as a whole. On this page we will outline what is in the current revision, and what it lacks.

Proposed Plan and Design

CBA Benefit:

• Requires the Owner to adhere to the final proposed plans and designs submitted in conjunction with the Zoning Relief.
• Establishes a mandatory review process by SOSNA’s Architecture Review Committee (ARC) for any amended plans, giving ARC 15 days to review and approve them.
• Limits ARC's grounds for disapproval only to material inconsistencies with the Agreement's terms, ensuring a structured and reasonable review.

Our Take:

• This requires the developer to adhere to approved architectural plans and allows SOSNA's Architecture Review Committee (ARC) to review and approve any amended plans, providing key community oversight on the project's design. Consider this a positive.
• The community seeks a substantial reduction in height of the eastern building, ideally no higher than 60 feet, with the potential to seek a slightly higher option if other meaningful compensations are provided. This is to match the spirit of the law for the height of buildings that directly abut residential buildings.

Affordable Housing

CBA Benefit:

• 10% of Eastern Building units are affordable for the life of the building.
• Rents capped at 45% AMI (includes utilities).
• Units must match market-rate mix of studios, 1BR, 2BR (at least 4 per floor).
• Tenant candidates referred by AHO, developer can reject for creditworthiness (must give written reason).
• Section 8 vouchers allowed if vacancies occur.

Our Take:

• We wanted 30–40% AMI, not 45%.
• Wanted permanent affordability without loopholes.
• Wanted independent dispute mechanism if tenants are rejected, with AHO empowered to override unjustified rejections.
• Wanted clear vacancy reporting and oversight if units sit empty more than 90 days.
• Missing: binding requirement for outreach to fill units and no allowance for arbitrary rejections.

Open and Green Space

CBA Benefit:

• 70% native street trees on Washington Ave, 16th, Carpenter.
• Minimum 4’x4’ pits or approved planters; wrought iron guards.
• Developer maintains and waters for two years.
• 8,000 sq ft open space on Carpenter Street.
• On-site dog play area.

Our Take:

• We wanted preservation of existing trees behind Chadwick St. (ANSI A300 standards). This is missing entirely.
• Wanted landscaping details for plaza/open space (grass, flowers, bushes, maintained seating, trash cans). Not specified.

Safety and Livability

CBA Benefit:

• 14’ sidewalks on Washington Ave.
• Granite curbs.
• Private trash removal.
• Big Belly cans at corners.
• LED exterior lighting (Dark Sky compliant).
• Bike racks and support for protected bike lanes.
• ADA ramps.
• Crash-resistant bollards.
• Public courtyard off Carpenter St (no gates; developer maintains).

Our Take:

• Missing operational plans for traffic and loading management, especially for bus routes and day care impacts.
• Wanted loading zone actual operational use plans — not just applications.
• Courtyard access is good, but still missing community room/meeting space and detailed landscaping commitments.

Amenities

CBA Benefit:

• Durable, high-quality materials encouraged.
• 35% of contractors from M/W/DSBE-certified businesses.
• Preference for community-oriented tenants.
• Parking: 154 spaces Eastern, 39 Western, ~100 via lifts; ±5 space tolerance.
• 20 spaces for sale to near neighbors at $40k (12 months post-occupancy).
• 40 spaces for lease to near neighbors at $150/month (5 years).
• Western Building: 12’ rear alley setback, 22’ 4th floor setback; 42.6’ height; no parking/loading dock; 10 townhomes.
• 10% EV charging spaces; structure supports 100% EV.

Our Take:

• Wanted lease rates for neighbors to be permanent or long-term, not just 5 years.
• While lowered from $50k in the original version, $40k for a deeded parking space is still not an approachable price for most near neighbors.
• This version of the CBA removed a clause that required the design of the commercial space to complement the historic aesthetic of the neighborhood and the Property, within SOSNA's neighborhood architectural guidelines. We want a design that is congruent with the existing neighborhood and does not feel out of place.

Employment

CBA Benefit:

• Will work with SOSNA and tenants to prioritize hiring from nearby zip codes.
• May host job fairs and publicize jobs locally.
• Cannot control tenants’ final hiring decisions.

Our Take:

• Wanted binding targets for union labor, numeric local hiring goals, apprenticeships, and training programs. None of that is here.
• “Good faith” efforts without measurable goals = no accountability.

Enforcement & Legal

CBA Benefit:

• $50,000 escrow for SOSNA to use in litigation to enforce the CBA.
• Agreement binds current and future owners (except the 10 townhomes).
• Terminates if zoning relief fails, construction delayed >1 year, or SOSNA votes to oppose.

Our Take:

• Wanted separate bond for construction damage to neighboring homes — missing entirely.
• Wanted agreement to run with the land and be recorded with the deed so it’s binding on all future owners — not included.
• Wanted independent review for any “automatic termination” claims — missing.
• No independent compliance monitoring, no conflict of interest recusal process, no community fund.