A proposed housing project in South Utica has neighbors upset, and some lawmakers are wondering if the developer violated the city charter.

Leaders at the Kelberman Center want to build an apartment building on Sunset Avenue. The Utica planning board approved this project earlier this year.

The plan is to tear down the vacant Sunset Elementary School and build a 60 unit apartment building in its place. A dozen apartments will be for people with Autism Spectrum Disorder. The rest will be for staff members, caregivers or friends.

In May, the Utica planning board approved demolishing the existing building and building the housing complex. Some neighbors are concerned the process skirted the public. They say they didn’t know about the project until after it was approved.

One lawmaker is worried the way the project was approved broke the law. A common councilor is requesting the city rescind the site plan and demolition permit.

"They bypassed an entire section of the city charter, which states that the common council needs approval,” said Samantha Colosimo-Testa, a Utica Common Councilor. “So now that they bypassed the common council on that issue, it has become our issue and has been brought to our attention to see if we can move forward and what we can do with this project."

The city's lawyer says the project does not need common council approval because of how the site is zoned. He said in this case, the common council does not have the right to overturn the planning board's decision.

There is a common council meeting Wednesday night. They are planning to discuss the project in executive session.