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149 NOVEMBER 15, 2007 center for new york city law VOLUME 4, NUMBER 10 CITY LAND ning’s proposal has not yet reached the Council. On October 9, 2007, the Sub- committee on Landmarks, Public Siting & Maritime Uses heard testi- mony regarding the designation. A small number of homeowners testi- fied against it, arguing that comply- ing with Landmarks’ rules would be too difficult, burdensome, and cost- ly. Also testifying against designa- tion, Ira Greenberg, Counsel for “Preserve Sunnyside Gardens,” cited his group’s concern that Landmarks would focus its efforts on Sunnyside Gardens’ buildings, not its open spaces and courtyard areas. Landmarks Chair Robert B. Tierney, however, testified that Landmarks did not propose to des- ignate Sunnyside Gardens solely because of its buildings’ architec- ture. Rather, Chair Tierney told the Council that the neighborhood’s history and “small, private court- yards and gardens,” combined with the “human-scale buildings,” com- pelled designation. Landmarks also addressed con- cerns over preservation costs, testify- ing that it would (cont’d on page 151) The SoHo Alliance filed an appeal challenging Dept. of Buildings’ approval for the Trump SoHo. See story on page 156. Image: Handel Architects. November 15, 2007 Volume 4 CITY LAND Highlights CITY COUNCIL Sunnyside gets historic dist. . . . .149 New stds. for public plazas . . . . .151 St. Albans rezoned . . . . . . . . . . . . .152 130 Court St. on hold . . . . . . . . . .152 LPC-DOB proposed law . . . . . . .153 Forest Hills downzoned . . . . . . . .153 CITY PLANNING COMMISSION Moynihan Station scoping . . . . .154 Columbia, CB9 face off . . . . . . . .154 37-story tower in East Side . . . . .155 BOARD OF STANDARDS & APPEALS Trump SoHo under fire . . . . . . . .156 26-year vacancy not enough . . .156 LANDMARKS Modern design approved . . . . . .157 DUMBO historic dist. . . . . . . . . . .157 School on Governors Island . . . .158 Designation blowout . . . . . . . . . .159 ECONOMIC DEVELOPMENT CORP. Homeport RFPs . . . . . . . . . . . . . . .159 Yankee Stadium parking . . . . . . .160 COURT DECISIONS City takes on Sutton Place . . . . . .160 CITYLAND PROFILE Carl Weisbrod . . . . . . . . . . . . . . . . .161 CHARTS DCP Pipeline . . . . . . . . . . . . . . . . .151 ULURP Pipeline . . . . . . . . . . . . . .155 BSA Pipeline . . . . . . . . . . . . . . . . . .156 Landmarks Actions . . . . . . . . . . . .158 Landmarks Pipeline . . . . . . . . . . .159 Citylaw.org New Decisions . . .162-3 CITY COUNCIL Rezoning Proposal Sunnyside, Queens Sunnyside Gardens landmarked The new historic district becomes the largest in Queens. On October 29, 2007, the City Council approved Landmarks’ proposal to designate Sunnyside Gardens, making it the seventh largest historic district in the city. In June, Landmarks voted to designate Sunnyside Gardens despite it being zoned as a Special Planned Community Preservation District, which requires local homeowners to apply to the Planning Commisssion for a special permit before altering their building or landscaping. 4 City- Land 92 (July 15, 2007). Two months later, City Planning proposed a rezoning that would eliminate the special permit requirement and make Landmarks solely responsible for reviewing any plans that impact the area’s unique character. 4 City- Land 121 (Sept. 15, 2007). City Plan-

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149

NOVEMBER 15, 2007 center for new york city law VOLUME 4, NUMBER 10

CITYLAND

ning’s proposal has not yet reachedthe Council.

On October 9, 2007, the Sub-committee on Landmarks, PublicSiting & Maritime Uses heard testi-mony regarding the designation. Asmall number of homeowners testi-fied against it, arguing that comply-ing with Landmarks’ rules would betoo difficult, burdensome, and cost-ly. Also testifying against designa-tion, Ira Greenberg, Counsel for“Preserve Sunnyside Gardens,” citedhis group’s concern that Landmarkswould focus its efforts on SunnysideGardens’ buildings, not its openspaces and courtyard areas.

Landmarks Chair Robert B.Tierney, however, testified thatLandmarks did not propose to des-ignate Sunnyside Gardens solelybecause of its buildings’ architec-ture. Rather, Chair Tierney told theCouncil that the neighborhood’shistory and “small, private court-yards and gardens,” combined withthe “human-scale buildings,” com-pelled designation.

Landmarks also addressed con-cerns over preservation costs, testify-ing that it would (cont’d on page 151)

The SoHo Alliance filed an appeal challenging Dept. of Buildings’ approval for the Trump SoHo. Seestory on page 156. Image: Handel Architects.

November 15, 2007 Volume 4 CITYLAND

Highlights

CITY COUNCILSunnyside gets historic dist. . . . .149New stds. for public plazas . . . . .151 St. Albans rezoned . . . . . . . . . . . . .152130 Court St. on hold . . . . . . . . . .152LPC-DOB proposed law . . . . . . .153Forest Hills downzoned . . . . . . . .153

CITY PLANNING COMMISSIONMoynihan Station scoping . . . . .154Columbia, CB9 face off . . . . . . . .15437-story tower in East Side . . . . .155

BOARD OF STANDARDS & APPEALSTrump SoHo under fire . . . . . . . .15626-year vacancy not enough . . .156

LANDMARKSModern design approved . . . . . .157DUMBO historic dist. . . . . . . . . . .157School on Governors Island . . . .158Designation blowout . . . . . . . . . .159

ECONOMIC DEVELOPMENT CORP.Homeport RFPs . . . . . . . . . . . . . . .159Yankee Stadium parking . . . . . . .160

COURT DECISIONSCity takes on Sutton Place . . . . . .160

CITYLAND PROFILECarl Weisbrod . . . . . . . . . . . . . . . . .161

CHARTSDCP Pipeline . . . . . . . . . . . . . . . . .151ULURP Pipeline . . . . . . . . . . . . . .155BSA Pipeline . . . . . . . . . . . . . . . . . .156Landmarks Actions . . . . . . . . . . . .158Landmarks Pipeline . . . . . . . . . . .159Citylaw.org New Decisions . . .162-3

CITY COUNCIL

Rezoning Proposal

Sunnyside, Queens

Sunnyside Gardens landmarked

The new historic district becomes thelargest in Queens. On October 29,2007, the City Council approvedLandmarks’ proposal to designateSunnyside Gardens, making it theseventh largest historic district inthe city.

In June, Landmarks voted todesignate Sunnyside Gardens despiteit being zoned as a Special PlannedCommunity Preservation District,which requires local homeowners toapply to the Planning Commisssionfor a special permit before alteringtheir building or landscaping. 4 City-Land 92 (July 15, 2007). Two monthslater, City Planning proposed arezoning that would eliminate thespecial permit requirement andmake Landmarks solely responsiblefor reviewing any plans that impactthe area’s unique character. 4 City-Land 121 (Sept. 15, 2007). City Plan-

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150 Volume 4 CITYLAND November 15, 2007

CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL

CITYLAND

COM M E NTARY

Stanley S. Shuman,ChairArthur N. Abbey ’59Sheila Aresty ’94Harold Baer, Jr.David R. BakerAnthony ColesEdward N. CostikyanPaul A. CrottyRichard J. DavisMichael B. GerrardJudah GribetzKathleen Grimm ’80

Eric Hatzimemos ’92Michael D. HessLawrence S. Huntington ’64William F. Kuntz IIEric LaneRandy M. Mastro Richard MatasarRobert J. McGuireFrancis McArdleJohn D. McMahon ’76Thomas L. McMahon ’83Gary P. Naftalis

Steven M. PolanNorman RedlichJoseph B. RoseErnst H. Rosenberger ’58Rose Luttan RubinFrederick P. SchafferFrederick A.O. Schwarz, Jr.O. Peter SherwoodEdward WallaceRichard M. WeinbergPeter L. ZimrothJames D. Zirin

The fight for Pennsylvania Station: yesterday and today’sThe loss of Pennsylvania Station looms large in the history of preservation in New York City, but it is not

the only preservation story of importance as Anthony C. Wood makes clear in his beautifully illustratedand richly researched new book, Preserving New York: Winning the Right to Protect a City’s Landmarks(Routledge 2008). Wood vividly describes the early preservation fights in Brooklyn Heights, Greenwich Vil-lage and the Upper East Side that preceded the 1965 Landmarks Law and which laid the ground work forits enactment. He importantly narrates the history of Albert Sprague Bard whose efforts resulted in thepassage in 1956 of the so-called Bard Act, the state’s first law that allowed municipalities to pass local land-mark laws and protect landmark buildings.

One of Wood’s major revelations is that the myth that losing Pennsylvania Station gave us the Land-marks Law in 1965 is really only a myth. Many battles and political fights preceded that battle, and thesefights paved the way for the Landmarks Law which was moving forward even before the destruction ofPennsylvania Station.

This past month Pennsylvania Station’s poignant history began a new chapter when the State’s EmpireState Development Corporation released its draft environmental scope document for the Moynihan Sta-tion Project, a proposal that would shift the railroad station and Madison Square Garden to the colonnad-ed Farley Post Office Building across Eighth Avenue as a prelude once again for redeveloping the Pennsyl-vania Station site.

The lesson of Wood’s book is that preservation fighters do not always win, but sometimes they do.Pennsylvania Station, at least above ground, disappeared more than 40 years ago. The effort to returnPennsylvania Station to an above ground presence within the Post Office may restore some of the glory ofthe lost Pennsylvania Station complex. If done well, the move will not compensate the City for its loss, butit is at least an act of reconciliation.

Ross Sandler

Ross SandlerExecutive Editor and Director,Center for New York City Law

Melanie Cash ’02Associate DirectorManaging Editor

Molly BrennanEditor, CityLand

Sami Y. NaimAssociate Editor, CityLand

Wessel GraphicsDesign Director

Shlomit Aroubas ’07Jonathan Reingold ’07William Vidal ’07Fellows in New York City Law

Jesse DennoStaff WriterPublication Prod. Assistant

Caitlin HannonSubscription Coordinator

Caitlin Walsh ’08Sumi Lee ’09Clint Daggan ’09Sam Porter ’09Brent Reitter ’10Research Assistants

The Center expresses appreciation to the individu-

als and foundations supporting the Center and its

work: The Steven and Sheila Aresty Foundation,

The Robert Sterling Clark Foundation, Fund for

the City of New York, The Horace W. Goldsmith

Foundation, The Murray Goodgold Foundation,

Jerry Gottesman, The Marc Haas Foundations,

The Prospect Hill Foundation, and The Revson

Foundation.

CITYLAND (ISSN 1551-711X) is published 11 timesa year by the Center for New York City Law at NewYork Law School, 57 Worth St., New York City, NewYork 10013, tel. (212) 431-2115, fax (212) 941-4735,e-mail: [email protected], website: www.city-law.org © Center for New York City Law, 2007. Allrights reserved. Printed on recycled paper. Mapspresented in CITYLAND are from Map-PLUTOcopyrighted by the New York City Department ofCity Planning. City Landmarks and Historic Dis-tricts printed with permission of New York CityLandmarks Preservation Commission.

POSTMASTER: Send address changes to CITYLAND, 57 Worth Street, New York, New York10013-2960. Periodicals postage paid at New York,New York.

CITYLAND ADVISORY BOARD

Kent Barwick Andrew BermanAlbert K. Butzel

Howard GoldmanDavid KarnovskyRoss Moskowitz ’84Frank Munger

Carol E. RosenthalMichael T. SillermanPaul D. Selver

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151

ever, many of these privately owned public spaces do not adequatelyserve the public, and some even dis-courage public use.

Attributing this phenomenonto inconsistent and outdated designguidelines and standards, the City’snew zoning regulations will elimi-nate the five categories of privatelyowned public spaces, in favor of onecategory, “public plazas,” with oneset of guidelines and standards.

The new standards willimprove the quality, design, acces-sibility and experience of thesespaces. To promote a sense ofopenness and accessibility, publicplazas will have to be completelyvisible when viewed from any adja-cent street frontage, with excep-tions for irregularly shaped plazas.Moreover, barriers surroundingpublic plazas will be limited to amaximum height of 15 feet. Proper-ty owners must also keep their pub-lic plazas open for longer periods:up to 10 p.m. from spring to fall and

up to 8 p.m. from fall to spring. The standards will also

increase the size and improve thequality of public plazas. The newminimum area will be 2,000 sq.ft.Public plazas between 5,000 and10,000 sq.ft. will include at least oneamenity such as artwork, movabletables and chairs, water features,children’s play areas, game tables orfood service. Public plazas over10,000 sq.ft. that are connected to acommercial building will offer threeamenities, with food service beingone of them.

The standards do not changethe minimum number of seatsrequired, but do add to the variety,dimensions, location and configu-ration requirements for seating.Developers will choose from sixtypes of seating: movable seating,fixed individual seats, fixed benches,seat walls, planter ledges, and seat-ing steps. The standards prohibitany devices that deter sitting, suchas spikes and rails.

work with the community to deviselow-cost preservation methods.Landmarks further testified that thenot-for-profit New York LandmarksConservancy would provide home-owners with professional advice,and, in some cases, help securegrants and low-interest loans forpreservation work. Chair Tierneyalso announced that Landmarkswould hold regular “office hours”near Sunnyside Gardens so that res-idents could speak directly withLandmarks representatives.

Council Member Eric Gioia,whose district includes SunnysideGardens, read a statement in favorof designation, praising Landmarksfor its commitment to preservingthe area while accommodating thecommunity’s concerns. Representa-tives from the American Institute ofArchitects, the Municipal Art Societyand the Historic Districts Council, aswell as a large number of residents,also testified in support.

The subcommittee’s chair,Council Member Jessica Lappin,acknowledged Landmarks’ efforts tomake compliance more user-friendlyfor local residents. The subcommit-tee, and later the full Council, votedunanimously to approve designation.

Council: Sunnyside Gardens HistoricDistrict, Queens (Oct. 29, 2007).

CITY COUNCIL

Rezoning

Citywide

Council OK’s new designstandards for public plazas

New standards and guidelinesintended to improve public use. TheCity Council approved City Plan-ning’s proposal to update, improve,and consolidate rules for privatelyowned public spaces.

Under the old zoning, a devel-oper in parts of Brooklyn, Manhat-tan and Queens can generate a floorarea bonus of up to 20 percent if itbuilds an adjacent publicly-accessi-ble open space, such as a plaza,arcade, or galleria. In practice, how-

CITY PLANNING PIPELINE

New Applications Filed with DCP — October 1 – 31, 2007APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE

ZONING TEXT AND MAP AMENDMENTS

HPD Columbia Hicks Project, BK Rezone (dev. 163 units); Disp. 080116ZMK; HPD(const. 110 units) 080117HDK

HPD James J. Lyons URP, BX Rezone (M1 to R5); UDAAP & 080128ZMX; HPDDisp. (DAMP program) 080127HAX

3500 Park Ave. LLC 3500 Park Ave., MN Rezone (const. 8-story bldg.) 080129ZMX 3500 Park Ave. LLC

HPD/EDC Unity Funeral Home, MN Rezone (enlarge funeral est.); UDAAP 080132ZMM; HPD/EDC& Disp. (via EDC for expan.) 080133HAM

Zeidy Realty Corp. 4401-4529 18th Ave., BK Rezone (const. retail, comm. fac. bldg.) 080138ZMK Cozen O'Connor

AIA AIA Text, Citywide Text change (resid. tower regs.) 080110ZRY AIA

SPECIAL PERMITS/OTHER ACTIONS

DSBS Park Slope Fifth Ave., BK BID covers 60 blocks 080120BDK DSBS

HPD River Rock Apts., BK UDAAP & Disp. (54-unit rental bldg.) 080105HAK HPD

HPD Bradhurst Cluster, MN UDAAP & Disp. 7 sites (92 units) 080108HAM HPD

HPD 215 W. 117th St., MN UDAAP & Disp. (open space, 14 units) 080130HAM HPD

HPD 788-796 Lafayette Ave., BK UDAAP & Disp. (23-unit condo bldg.) 080134HAK HPD

HPD Watkins St. Co-ops, BK UDAAP & Disp. (104 units) 080142HAK HPD

LPC Domino Sugar Refinery, BK Landmark (3 bldgs.) 080131HKK LPC

Parks Shakespeare Ave., BX Amend City map (demap st., map park) 080109MMX Parks

NYPD 970 Richmond Ave., SI Site selec. (const. 2-story precinct); 080107PSR; NYPDSpec. perm. (const. in R3-2 dist.) 080106ZSR

DCAS 253 Broadway, MN Lease space (DOITT) 080136PXM DCAS

DCAS 1 Gotham Center, QN Office space (DSNY headquarters) 080137PXQ DCAS

476 Broome Prop. 476 Broome St., MN Spec. perm. (part. conv. to resid. use) 080104ZSM Troutman Sanders

November 15, 2007 Volume 4 CITYLAND

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At the Subcommittee on Zon-ing & Franchises hearing on October9, 2007, Council Member RobertJackson expressed his concern thatthe Commission’s proposal does notrequire public toilets, and pointed toCemusa’s contract with the City forstreet furniture as an example of theneed to provide the public with suchfacilities. 3 CityLand 129 (Sept. 15,2006). City Planning responded thata public toilet requirement was notfeasible because of maintenanceissues.

The subcommittee approvedthe proposal without modificationson October 17, 2007, and the Coun-cil followed suit later that day, voting unanimously in favor.

ULURP:Lead Agency: CPC, Neg. Dec.Comm.Bd.: BK 2 / MN 1 / MN 2 / MN 3 / MN4 / MN 5 / MN 6 / MN 8, App’dBoro. Pres.: App’dCPC: App’d, 12-0-0Council: App’d, 49-0-0

Council: Privately Owned Public Plazas(Oct. 17, 2007). CITYADMIN

CITY COUNCIL

Rezoning

St. Albans/Hollis, Queens

Council approves St. Albans& Hollis rezoning

Downzoning will preserve residen-tial character. On October 29, 2007,the City Council approved, withmodifications, City Planning’s planto rezone 317 blocks in the St. Albansand Hollis sections of Queens.

The plan, the result of a collab-orative effort between Queens Com-munity Board 12, Council MemberLeroy Comrie, and City Planning,seeks to protect the area after mar-ket pressures forced some owners tosub-divide their lots or tear downexisting one- and two-family homesin favor of larger, out-of-characterbuildings. The plan also limits mod-erate residential and mixed-usedevelopment to the main commer-cial thoroughfares of Hollis andMerrick Avenues. The rezoning

complements the largerJamaica Plan, which theCouncil approved lastAugust. 4 CityLand 117(Sept. 15, 2007).

Under the old zon-ing, four different resi-dential zoning districtsallowed a variety of hous-ing options ranging fromdetached single-familyhomes to three- and five-story apartment build-ings. The new zoningmore accurately reflectsthe area’s low-density res-idential character. OneR3A zoning district willnow cover 190 blocks —most of them locatedbetween Springfield andBaisley Boulevards, from117th Street to 122ndAvenue — and prohibitsdwellings larger than the one- andtwo-family variety. In addition, anexisting R2 zoning district will nowcover all or portions of 25 blocks, for-merly zoned as R3-2 and R4, alongHollis Avenue, Farmers Boulevardand Murdock Avenue.

To prevent commercialencroachment, the plan shrinkscommercial overlay depths from 150feet to 100 feet for 31 blocks alongLinden Boulevard between 180thStreet and Francis Lewis Boulevard,as well as 29 blocks along FarmersBoulevard from 115th to 109thAvenues.

When the rezoning planreached the Council’s Subcommit-tee on Zoning & Franchises, Board12 supported the plan but recom-mended that the City rezone a threeblock area north of Linden Boule-vard between Marne Place and westof Merrick Boulevard as R5D,instead of R6A, in order to furtherlimit building heights to 40 feet asopposed to 70 feet.

The Council sent the plan backto the Planning Commission withthe board’s modifications. The Com-mission approved the modificationson October 29, 2007, and the Coun-cil followed suit the same day.

SPRI

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100 th

113th

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R3A R3A

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R3AR3AR3AR3A

R4AR4A

R3XR3X

R3XR3X

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R4-1 R4-1

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R5B R5B

R3X R3X

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R2R2

R3A R3A

R2R2R4BR4B

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Rezoning Area

ULURP Process:Lead Agency: CPC, Neg. Dec.Comm. Bd.: QN 12, App’d, 32-0-0Boro. Pres.: App’dCPC: App’d, 12-0-1Council: App’d, 49-0-0

Council: St. Albans/Hollis Rezoning,Queens (Oct. 29, 2007). CITYADMIN

CITY COUNCIL

Special Permit

Cobble Hill, Brooklyn

Council modifies proposalfor 130 Court St.

Council Member de Blasio argued formodifications. On October 25, 2007,the City Council modified Two TreesManagement Co.’s special permitapplication to construct a 6-story,37-unit residential building adjacentto the South Brooklyn Savings Bankin Downtown Brooklyn. The pro-posal must now go back to the Plan-ning Commission for approval.

Two Trees proposed to con-struct the building on the bank’svacant parking lot and an adjacentlot. Located at Atlantic Avenue andCourt Street, the two lots fall withinboth the Cobble Hill Historic District

Volume 4 CITYLAND November 15, 2007

Top: St. Albans/Hollis Rezoning Context Map, used with per-mission of the New York City Department of City Planning.All rights reserved.

Bottom: St. Albans/Hollis Rezoning Map, used with permis-sion of the New York City Department of City Planning. Allrights reserved.

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otherwise developers could not relyon an established constructionschedule and budget.

Council Member Jessica Lap-pin, chair of the subcommittee, saidthat she would consider all submit-ted testimony and policy recom-mendations before moving forward.She did not announce when thesubcommittee would vote onwhether to send the proposed lawbefore the full Council.

Council: Intro. No. 542 (Oct. 23, 2007).

CITY COUNCIL

Rezoning

Forest Hills, Queens

Council downzones 41 blocks in Forest Hills

Plan will preserve low-density charac-ter. On October 29, 2007, the CityCouncil approved, City Planning’splan to rezone 41 blocks in the south-ern portion of the Forest Hills neigh-borhood in Queens.

The plan, drafted in consulta-tion with Queens Community Board6, the Forest Hills Community andCivic Association, and CouncilMember Melinda Katz, aims to pre-serve the low-density characterwithin the triangle-shaped area gen-erally bounded by Union Turnpike,69th Avenue, and Kessel Street.Although the old, R3-2 zoningallowed a range of housing types,the area is developed by mostly one-and two-family homes.

A new R3A zoning district willcover 31 blocks, some north of Met-ropolitan Avenue west of AscanAvenue, and others south of Metro-politan west of 74th Avenue. A newR3X district, located on three con-tiguous blocks south of Kessel Streetand east of Ascan Avenue, will alsobetter reflect the dominant charac-ter of houses in the area, whileaccounting for larger lot sizes. Lastly,a new R3-1 district, consisting main-ly of one block at the eastern edge ofthe district, will restrict develop-ment to one- and two-family

and a Special Limited Height District.In exchange for restoring the historicbank, Two Trees sought a waiver fromthe area’s height limit, along withrelief from other zoning restrictions.4 CityLand 136 (Oct. 15, 2007).

At its October 23rd public hear-ing, the Council’s Subcommittee onZoning & Franchises focused onTwo Trees’ request for a height waiv-er. Two Trees’ attorney, RaymondLevin, pointed out that the pro-posed building sits on the only cor-ner of the intersection covered bythe special 50-foot height limit. Heargued that granting Two Trees aheight waiver would not disturb theconsistency of building heightsgiven the height of nearby buildingson Atlantic Avenue. To enforce thespecial height limit, he claimed,would cut into his client’s expectedrate-of-return, jeopardizing theentire project.

The Historic Districts Counciland the Cobble Hill Association,however, opposed the height waiver.They claimed that special permitswere intended to allow developers toadapt historical structures to meetmarket demands, not to obtain mul-tiple waivers for a new building.

Although he had testified insupport of the proposal before theCommission, Council Member Billde Blasio joined the opposition andurged his colleagues to deny TwoTrees’ request for a height exemp-tion. He asked the subcommittee tothink “thirty years ahead,” andwarned that granting the waiverwould set a negative precedent.

The Council approved the pro-posal, but denied the height waiver,thus limiting the project to 50 feet.With just two days left for a finalvote, the Council sent the proposalback to the Commission for review.

Council: 130 Court St. (Oct. 23, 2007).

CITY COUNCIL

Landmarks

Citywide

Council considers Landmarks-Buildings coordination

Proposed law would prevent ownersfrom undermining designationprocess. On October 23, 2007, theCity Council’s Subcommittee onLandmarks, Public Siting & Mar-itime Uses heard testimony regard-ing a law that would protect build-ings throughout the landmark des-ignation process.

The proposed law, introducedby Council Member Rosie Mendez,would prevent owners from alteringor demolishing a potential land-mark before it can be officially desig-nated as such by Landmarks. Underthe proposed law, Landmarks wouldinform the Department of Buildingsof any property that it intends toschedule for designation. Buildingswould then notify Landmarks when-ever it receives permit applicationsfor work involving the potentiallandmark.

The proposed law would alsoprotect buildings once they are des-ignated as a landmark. Currently, anowner can use a building permit toalter a landmark, so long as Build-ings issued the permit before desig-nation. The proposed law wouldrequire Buildings to revoke such per-mits upon designation.

At the public hearing, represen-tatives from Landmarks, the HistoricDistricts Council, and the GreenwichVillage Society for Historic Preserva-tion, among others, testified in favorof the proposed bill.

The Real Estate Board of NewYork testified against the proposedlaw. It argued that building permitsprovide a level of assurance thatconstruction plans require, and thatdelays in construction are extremelycostly. A representative from theAmerican Institute of Architectsechoed the Board’s concerns, andtestified that building permitsshould be honored like contracts,

Did you know? That the neighborhood of MarbleHill, which lies across the HarlemRiver from Manhattan Island, is stillpart of the Borough of Manhattan?

November 15, 2007 Volume 4 CITYLAND

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public approval process per State,federal, and City land use statutes.The State Public Authorities ControlBoard must also approve a portionof the plan. ESDC will hold a publicscoping session on December 6,2007, and will accept written com-ments until December 17, 2007.

Draft Scope of Work for ExpandedMoynihan/Penn Station Redevelop-ment Project, ESDC (Oct. 23, 2007).

CITY PLANNING COMMISSION

Rezoning/197-a Plan

Manhattanville, Manhattan

Commission hears Columbia’s and CB 9’s plans

Columbia University proposes north-ward expansion; CB 9 seeks indus-trial jobs and affordable housing.On October 3, 2007, the PlanningCommission held a public hearingon Columbia University’s andManhattan Community Board 9’scompeting plans for the future ofWest Harlem.

Under Columbia’s plan, theCity would rezone 35 acres of Man-hattanville, a section of West Harlemcurrently zoned primarily for manu-facturing, and create a Special Man-hattanville Mixed-Use Districtstretching from West 125th to West135th Streets, between Broadwayand the Hudson River. Within thisnew district, Columbia would con-struct a 17-acre academic mixed-use development that wouldinclude academic building space,university housing, recreation space,and retail space. 4 CityLand 89 (July15, 2007).

The plan also calls for a con-tiguous below-grade facility, or“bathtub,” that would house a park-ing garage, centralized loading dock,swimming facility, trash com-paction, and two central energyplants. The bathtub would occupyproperty below West 130th, West131st, and West 132nd Streetsbetween Broadway and TwelfthAvenue. If Columbia is unable topurchase the property necessary for

detached homes but also allow forsemi-detached homes.

To prevent commercial intru-sion on the newly rezoned residen-tial side streets, the City will rezoneC1-2 and C2-2 commercial overlaysalong Metropolitan Avenue to C1-3and C2-3 and reduce the overlayfrom 150 feet to 100 feet.

At the Council’s Subcommitteeon Zoning & Franchises hearing onOctober 23, 2007, Council MemberKatz, whose district includes ForestHills, stated that the area neededrezoning to avoid “commercialcreep” from Metropolitan Avenue.Barbara Stuchinski, president of theForest Hills Community and CivicAssociation, also testified in supportof the plan. No speakers testified inopposition. The full Councilapproved the plan without modifi-cations on October 29, 2007.

ULURP Process:Lead Agency: CPC, Neg. Dec.Comm. Bd.: QN 6, App’d, 31-0-0Boro. Pres.: App’dCPC: App’d, 12-0-0Council: App’d, 49-0-0

Council: Forest Hills South Rezoning(Oct. 29, 2007). CITYADMIN

CITY PLANNING COMMISSION

Environmental Scope

Herald Square, Manhattan

ESDC unveils vision forMoynihan Station

Plan includes multiple developmentprojects. On October 23, 2007, theEmpire State Development Corpora-tion released its draft environmentalscope document for the MoynihanStation project. The project, first pro-posed by Senator Patrick Moynihan15 years ago, would create a newtrain station within the historicJames A. Farley Post Office complex,renovate the current Penn Station,relocate Madison Square Garden,and create 7.5 million sq.ft. of newcommercial or mixed-use space.

Under the plan, a new train sta-tion, Moynihan Station West, wouldoccupy a portion of the Farley com-

plex, located on the block boundedby Eighth and Ninth Avenues fromWest 31st to West 33rd Streets. Thenew station would alleviate conges-tion at the current Penn Station,which handles more passengersthan Kennedy, LaGuardia andNewark Liberty airports combined.The U.S. Post Office would relocatemost of its operations to a buildingjust south of the Farley complex.

The Farley complex’s westernannex would house the new MSGarena. ESDC proposes to demolishthe current arena and replace it withan expanded Penn Station, to berenamed Moynihan Station East,which would rise above existing railsand platforms and have high ceil-ings, large public areas and naturallight. ESDC’s plan states that it mayacquire additional property in thearea to provide Moynihan StationEast with a loading dock and othersupport facilities. The Moynihan Sta-tion East project site would alsoinclude up to 5.4 million sq.ft. ofmixed-used development. Two PennPlaza, which currently occupies aportion of the site, would remain.

One block north of MoynihanStation East, ESDC proposes up to 1million sq.ft. of mixed-use spaceand up to 2 million sq.ft. of commer-cial space.

The plan also includes a newzoning district known as MoynihanStation Subdistrict to allow the trans-fer of up to 4.3 million sq.ft. ofunused development rights to multi-ple sites in the area. ESDC calls forrezoning some underutilized prop-erty within the subdistrict to allownew development.

The scope is the first step in a

Volume 4 CITYLAND November 15, 2007

ESDC plans to convert the James A. FarleyPost Office complex into Moynihan StationWest. Photo: Regional Plan Association.

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mation, statements against thebathtub could be considered“alarmist.” Shiffman responded thatthe board would present the Com-mission with technical documentschallenging the bathtub’s safety assoon as possible.

The Commission will vote onboth proposals on November 26,2007.

CPC: Special Manhattanville Mixed-UseDistrict (070495ZMM - map amend-ment); (070496ZRM - text amendment)(Oct. 3, 2007); Community Board 9 Man-hattan 197-a Plan (N060047NPM) (Oct.3, 2007).

CITY PLANNING COMMISSION

Special Permit

Sutton Place, Manhattan

37-story residential towerapproved

Tower includes parking garage and ground-floor retail. 1113 YorkAvenue Realty Company sought azoning text amendment and specialpermit to facilitate construction of a37-story residential tower with 211apartments, 2,500 sq. ft. of ground-floor retail and a 195-space parkinggarage.

The site is located on the east-ern portion of the block bounded byFirst and York Avenues, betweenEast 61st and 60th Streets. It wouldbe connected to an adjacent 41-story residential tower, owned by thesame developer, via a one-story cov-ered lobby and passageway.

Currently, the site is underthree different zoning districts, oneof which does not permit residentialdevelopment. The developer soughtto rezone the site to allow high-den-sity mixed-use development, aninclusionary housing bonus, andgreater design flexibility. The devel-oper also requested a special permitto construct a 26,500-square-footparking garage.

Manhattan Community Board8 and the Manhattan Borough Pres-ident both recommended approval.The Borough President, however,

Heights, stretching from West 122ndto West 135th Streets between Con-vent Avenue and the Hudson River.Unlike Columbia’s plan, the board’splan proposes to maintain manu-facturing uses, encourage new lightindustrial uses and retain existinglow- and moderate-income hous-ing. 4 CityLand 89 (July 15, 2007).

At the hearing, Ron Shiffman, aformer Planning Commission Com-missioner, presented the board’splan, arguing that it represented theinterests of West Harlem’s long-termresidents without displacing Man-hattanville residents. Shiffmanattacked Columbia’s plan, particu-larly the proposed bathtub, askingthe Commission to take a closerlook at various engineering, techni-cal and safety issues. Throughout hispresentation, Shiffman requestedthat the Commission preventColumbia from acquiring landthrough eminent domain.

The Commission remarkedthat engineering issues cannot beaddressed absent technical studiesand data. According to Commis-sioner Cantor, without such infor-

the bathtub, then the Empire StateDevelopment Corporation wouldacquire it by eminent domain onColumbia’s behalf.

At the hearing, the Commis-sion pressed Columbia’s representa-tive, Vice President Robert Kasdin,about the necessity of the bathtub.Kasdin responded that it would cre-ate more space above-grade, takingcars off the streets, reducing curbcuts, and making the area morepedestrian-friendly.

The Commission also raisedthe issue of eminent domain. Com-missioner Irwin Cantor suggestedthat if ESDC condemns land forColumbia, then it should do so rightaway. Otherwise, he argued, Colum-bia could use the threat of eminentdomain as an unfair advantagewhen negotiating with propertyowners. Kasdin responded that theultimate decision to condemn landwould be ESDC’s, not Columbia’s.

The board’s plan contemplatesa different future for West Harlem.Its plan covers a larger area: theneighborhoods of Manhattanville,Hamilton Heights and Morningside

ULURP PIPELINE

New Applications Certified into ULURPPROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED

35-39 E. 4th St. Modify use, height, setback MN 2 060525ZSM 10/1/2007

125th St. Rezoning Zoning text amendment MN 9, 10 080099ZMM; 10/1/200711 080100ZRM

Kingsgate House UDAAP by HPD (185-unit MN 11 080097HAM; 10/1/2007mixed-use bldg.) 080096HUM

70 Wyckoff Ave. Zoning map amendment BK 4 050192ZMK 10/1/2007

31st St. Rezoning Zoning map amend. (R5 to R6A) QN 1 060228ZMQ 10/1/2007

Briarwood Rezoning Zoning map amendment QN 8 080101ZMQ 10/1/2007

Stapleton Court UDAAP (161 units) SI 1 080091HAR 10/1/2007

The Visionaire Special permit (100-space garage) MN 11 070499ZSM 10/15/2007

REI/RED Cross Rez. Zoning map amendment; special MN 4 070289ZMM; 10/15/2007permit (88-space garage); 070290ZSM;text amendment (Special Clinton Dist.) N070539ZRM

Bradhurst Cluster UDAAP by HPD (102 res. units) MN 10 080108HAM 10/15/2007

RiverRock Apts. UDAAP by HPD (53 res. units) BK 16 080105HAK 10/15/2007

341 Canal Street Special perm. (mod. use, bulk) MN 2 070161ZSM 10/29/2007

West 117th Street UDAAP, dispose City prop. MN 10 080130HAM 10/29/2007

Unity Funeral Chapels UDAAP by HPD; zoning MN 10 080133HAM; 10/29/2007map amendment (C1-4 to C2-4) 080132ZMM

2301 Lacombe Ave. Amend URP, UDAAP; dispose BX 9 080126HUX; 10/29/2007City prop.; zoning map amendment 080127HAX;(M1-1 to R5) 080128ZMX

Avenue H Bridge City map amend. (widen street) BK 17, 18 070072MMK 10/29/2007

November 15, 2007 Volume 4 CITYLAND

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restriction is unenforceable becauseBuildings does not have theresources to effectively audit theTrump SoHo. Moreover, accordingto the Alliance, the proposed finan-cial penalties would be nominal toowners of Trump SoHo units giventhe cost of the units.

BSA has not announced a datefor a hearing on this matter.

BSA: 246 Spring St. (Stuart A. Klein,Esq., for the Alliance).

BOARD OF STANDARDS & APPEALS

Variance

East Village, Manhattan

BSA finds no hardshipdespite 26 year vacancy

Owner sought to convert cellar spaceon St. Marks Place to retail. Theowner of an East Village residentialbuilding sought to amend an exist-ing variance to allow retail use in avacant cellar space. The space, a1,000-square-foot portion of a cellarlocated at 8 St. Marks Place, is cur-rently under a 1970 variance which

BSA PIPELINE

New Applications Filed with BSA — Oct. 2 – Nov. 2, 2007

APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE

VARIANCES

11760 Gleason, LLC 1760 Gleason Ave., BX Const. 2-family dwelling (yards) 242-07-BZ Sheldon Lobel, P.C.

Sephardic Studies 718 Avenue S, BK Const. community facility 237-07-BZ Sheldon Lobel, P.C.

Hawthorne Village 220 Water St., BK Convert bldg. to res. (M1-2) 245-07-BZ Howard Goldman, LLC

OCA LIC, LLC 5-11 47th Ave., QN Use 238-07-BZ Howard Goldman, LLC

YHA New York 57-38 Waldron St., QN Waive side yard reqs. 239-07-BZ Rothkrug Rothkrug

Cee Jay Real Est. 120 John St., SI Const. bldg. (yards, parking, fl. area) 243-07-BZ Rothkrug Rothkrug

SPECIAL PERMITS/OTHER ACTIONS

Shoshana Hager 1148 E. 27th St., BK Enlarge 1-fam. dwelling 235-07-BZ Fredrick A. Becker

Hope Street, LLC 53-65 Hope St., BK Reduce parking spaces 236-07-BZ Jay A. Segal

APPEALS

Soho Alliance 246 Spring St., MN Appeal DOB decision (Trump SoHo) 247-07-A Stuart A. Klein

1270 Bay Ridge LLC 1270 Bay Ridge Pkwy., BK Vested right to cont. development 240-07-A Sheldon Lobel, P.C.

Breezy Pt. Co-op 9 Gotham Walk, QN Dwelling not fronting mapped st. 229-07-A Gary Lenhart, R.A.

Cee Jay Real Est. 120 John St., SI Const. in mapped st. bed 244-07-A Rothkrug Rothkrug

Stacey Farrelly 97 Victory Blvd., SI Const. in mapped st. bed 246-07-A Rothkrug Rothkrug

EXTEND CONSTRUCTION PERIOD

Hooshang Vaghari 87-85 144th St., QN Ext. time for minor development 231-07-BZY Sheldon Lobel, P.C.

C&N Properties 90-22 176th St., QN Ext. time for minor development 230-07-BZY Rothkrug Rothkrug

Volume 4 CITYLAND November 15, 2007

recommended that the developerset aside 28 spaces in the parkinggarage for accessory parking andprioritize at least 156 spaces formonthly parking.

The Commission approved thezoning changes, praising the plan’ssimple arrangement with the adja-cent tower. The Commission alsovoted to issue the special permit forthe garage, finding that it would notunduly inhibit traffic or pedestrianflow in the area.

ULURP Process:Lead Agency: CPC, Con. Neg. Dec.Comm. Bd.: MN 8, App’d, 30-1-2Boro. Pres.: App’dCPC: App’d, 12-0-0

CPC: 61st Street - York Avenue Rezon-ing/Garage (C070441ZSM; N070442ZCM;M860117EZMM) (Oct. 3, 2007).

CITYLANDComment: On October29, 2007, the City Council votedunanimously to approve the pro-posal, without modifications.

BOARD OF STANDARDS & APPEALS

Appeal

SoHo, Manhattan

Group appeals Trump SoHo’s approval

SoHo Alliance seeks BSA interventionto halt construction. On October 26,2007, the SoHo Alliance CommunityGroup filed an appeal with BSA in anattempt to thwart construction ofthe Trump SoHo, a 42-story condo-minium hotel that would be locatedat 246 Spring Street, between VarickStreet and Sixth Avenue. The appealcomes after the Department ofBuildings denied the Alliance’srequest to revoke approval for thecondominium hotel.

Buildings approved the plansfor the Trump SoHo on September28, 2007, but required that the devel-oper file a restriction against theproperty that prohibits owners ofany one of the condominium hotel’s413 residential units from living therefor more than 29 consecutive days inany 36-day period, or a total of about

120 days per calendar year. Therestriction, according to Buildings,put the Trump SoHo under the tran-sient hotel exception to the zoningdistrict’s general prohibition againstresidential developments. Under theapproval, Buildings would conductaudits and issue financial penaltiesto enforce the restriction.

In its appeal, the Allianceargues that Buildings’ approvalshould be revoked because it isinsufficient and unenforceable. Cit-ing the zoning resolution, whichdescribes transient hotels as havingrooms available for rent on a dailybasis for transient use, the Allianceclaims that the approval’s restrictiondoes not go far enough becauseowners of residential units at theTrump SoHo could still live there fora significant portion of the year. TheAlliance also cites a 2003 Buildingsdecision, in which Buildings denieda developer’s request to build a con-dominium hotel in SoHo becauseapplying the transient hotel excep-tion would be “undermining theintegrity” of the zoning resolution.Lastly, the Alliance argues that the

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allows office use, but prohibits anybusiness signs on the exterior of thebuilding other than a small, non-illuminated nameplate.

The owner claimed that expira-tion of the 1967 Multiple DwellingLaw, which outlawed residentialoccupancy of cellar space, necessi-tated the original variance. Accordingto the owner, the original variancemust be amended to reflect marketchanges, which eliminated anydemand for office space in the area.

The owner cited the cellar’s 26-year vacancy and the conversion oftwo pre-existing offices on the sameblock to retail and restaurant uses asevidence of the lack of office spacedemand. The owner also pointedout that in 2005 it received noinquiries from potential office ten-ants after it exerted four-months’worth of “substantial efforts” tolease the space, which consisted of asign on the building’s exterior and aweb posting.

Manhattan Community Board3 recommended disapproval of theapplication, citing the owner’s fail-ure to demonstrate an inability torent the cellar for office use. Theboard also accused the owner ofprior attempts to rent the cellar ille-gally for retail use. Local residentsand representatives of local electedofficials also testified in opposition.

BSA rejected the owner’s mar-ket demand claims, finding the twoprior conversions and the owner’smarketing efforts as not dispositive.BSA also rejected the owner’s claimof economic hardship. It noted thatthe basis for relief underlying theoriginal variance was to allow thecellar’s rent revenues to offset thelimited return from rent-controlledunits on the above-floors. BSA fur-ther noted that the building current-ly included a mix of rent-stabilizedand market-rate apartments, andthat the market-rate units relievedthe owner of the original hardship.

BSA: 8 St. Marks Pl. (142-70-BZ) (Oct.16, 2007) (Barbara Hair, Esq., for own-ers). CITYADMIN

fortress. Landmarks then voted toapprove the design, with Commis-sioners Gratz and Stephen Byrns theonly votes in opposition.

LPC: 34 E. 62nd St. (COFA# 08-0312)(Oct. 16, 2007).

LANDMARKS PRESERVATIONCOMMISSION

Designation Hearing

DUMBO, Brooklyn

Landmarks considers historic district in DUMBO

Residents, preservationists, and elect-ed officials testify for designation. OnOctober 30, 2007, Landmarks held apublic hearing on a proposed his-toric district in the area known asDown Under the Manhattan BridgeOverpass, or DUMBO. The area isalready on the National and StateRegistries of Historic Places, andfeatured in the National Trust’s list of“America’s 11 Most Endangered His-toric Places.” The district wouldinclude a unique mix of buildings,including some of the country’s old-est large-scale reinforced-concretefactories, and be roughly boundedby John, Main, Bridge, and YorkStreets. 4 CityLand 107 (Aug. 15,2007).

At the hearing, Council Mem-ber David Yassky testified in supportof designation, while urging Land-marks to approve affected propertyowners’ requests to convert theirspaces for retail use. Council Mem-ber Yassky also noted that the area is

LANDMARKS PRESERVATIONCOMMISSION

Certificate of Appropriateness

Upper East Side, Manhattan

Modern townhouse toreplace brownstone

Approval included changes inresponse to Commissioners’ com-ments. On October 16, 2007, Land-marks voted to issue a certificate ofappropriateness to allow construc-tion of a five-story townhouse at 34East 62nd Street, located betweenMadison and Park Avenues in theUpper East Side Historic District.The approved building will replacean 1882 townhouse that wasdestroyed in 2006 by a gas explosionin an apparent suicide. It will featurea limestone exterior with a combi-nation of opaque and clear curtain-wall windows.

When Landmarks previouslyconsidered the building’s design,neighbors and preservationists criti-cized its stark contrast to other build-ings on the block, fifth-floor bal-cony’s large overhang, and recessedentrance. Landmarks closed thehearing without a vote but asked thearchitect to amend his designs, par-ticularly with respect to the recessedentrance. 4 CityLand 142 (Oct. 15,2007).

At the current hearing, thearchitect presented amendeddesigns, which reduced the over-hang’s size to cover only the balconyproper, set a ground-floor planterfurther away from the sidewalk, androtated the entrance door to face thestreet. The architect also changedthe fifth-floor balcony’s glass encas-ing from a clear to laminated finish.

Landmarks Chair Robert B.Tierney called the amended propos-al a “much better building and amuch better design” than the initialconception, while CommissionerJoan Gerner found it “quite elegant.”Commissioner Roberta BrandesGratz, however, was less responsive,describing the building as “hostile tothe street” and comparing it to a

November 15, 2007 Volume 4 CITYLAND

Rendering for 34 E. 62nd St. Image courtesy ofPreston T. Phillips, Architect.

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Landmarks Actions Taken In October 2007FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D

October 9, 2007

350 Fifth Ave., MN Empire State Building Est. master plan (lobby) 07-9438 W/Mod

268 Pearl St., MN South St. Seaport HD Redesign Titanic Park 08-2011 Yes

108 South St., MN South St. Seaport HD Const. dormers, storefront 07-6834 W/Mod

675 Hudson St., MN Gansevoort Market HD Legalize signage 07-8835 No

79 Fifth Ave., MN Ladies' Mile HD Inst. infill, signage 08-0948 W/Mod

35 E. 76th St., MN Upper East Side HD Est. master plan (windows) 07-6550 Yes

38 E. 76th St., MN Upper East Side HD Demo. ext., alt. facades 07-9277 Yes

1040 Fifth Ave., MN Metropolitan Museum HD Construct addition 07-6540 Yes

22 E. 94th St., MN Carnegie Hill HD Demo. ext., const. facade 08-1445 Yes

195 Kane St., BK Cobble Hill HD Const. rear yard addition 07-8665 Yes

October 16, 2007

127 Fulton St., MN Keuffel & Esser Building Const. roof add., storefronts 08-0092 Yes

65 Bedford St., MN Greenwich Village HD Alt. facade, const. additions 07-4676 Yes

29 Bethune St., MN Greenwich Village HD Alt. roof, inst. cornice 05-7331 Yes

200 Fifth Ave., MN Ladies' Mile HD Const. roof, rear adds., infill 08-0522 W/Mod

5 Tudor City Pl., MN Tudor City HD Est. master plan (HVAC) 07-5091 Yes

34 E. 62nd St., MN Upper East Side HD Const. 5-story bldg. 08-0312 Yes

28 E. 78th St., MN Upper East Side HD Const. rooftop addition 07-1872 Yes

12 E. 82nd St., MN Metropolitan Museum HD Const. rear yard addition 07-8393 Yes

October 23, 2007

14 Wall St., MN Bankers Trust Bldg. Inst. infill, canopies, signs 08-2436 In Part

60 Hudson St., MN Western Union Bldg. Install bollards 08-2451 Yes

54 Bond St., MN Bouwerie Lane Theatre Remove fire escapes 08-2647 Yes

Building 550 Governors Island HD Install garden, rec. space 08-2568 Yes

32 Greene St., MN SoHo-Cast Iron HD Const. add., inst. infill 08-1785 Yes

17 Commerce St., MN Greenwich Village HD Const. rooftop addition 08-1627 Yes

11 W. 10th St., MN Greenwich Village HD Const. rooftop addition 08-0057 Yes

3 E. 17th St., MN Ladies' Mile HD Inst. infill, awning 08-1742 Yes

136 Fifth Ave., MN Ladies' Mile HD Install signage 07-8712 No

25 E. 21st St., MN Ladies' Mile HD Report to CPC (mod. use & bulk) 08-2600 Yes

552 1st St., BK Park Slope HD Alter rear facade 08-1170 W/D

27-03 Shore Rd., QN Douglaston HD Mod. illegal mech. equip. 08-1616 W/Mod

39-18 46th St., QN Sunnyside Gardens HD Alter front porch 08-1526 W/D

October 30, 2007

1681 Amsterdam, MN Hamilton Heights HD Replace security gates 07-9255 Yes

50 Remsen St., BK Brooklyn Heights HD Alter facade 07-8329 Yes

45 State St., BK Brooklyn Heights HD Inst. infill, roof mech. equip. 08-0714 Yes

273 Hicks St., BK Brooklyn Heights HD Alter roof, rear facade 07-8978 Yes

Volume 4 CITYLAND November 15, 2007

however, asked Landmarks to allowadaptive reuse and investment, ifthe City designated the area, so as tonot hinder its economic upturn.

Landmarks did not set a datefor a vote on designation.

LPC: Hearing on DUMBO Hist. Dist.(LP-2264) (Oct. 30, 2007).

LANDMARKS PRESERVATIONCOMMISSION

Binding Report

Governors Island, Manhattan

Maritime school to move toGovernors Island

New York Harbor School will occupyformer Army barracks. Landmarksvoted to approve the GovernorsIsland Preservation and EducationCorporation’s plan to move NewYork Harbor School, a Brooklyn-based public high school with astrong maritime focus, into a formermilitary barracks building located inthe Governors Island Historic Dis-trict.

GIPEC is a subsidiary of theEmpire State Development Corpo-ration created to develop civicspaces on Governors Island after thefederal government handed controlof the island over to state and cityofficials in 2003. Under GIPEC’splan, the school will have new pro-gram space to accommodate itsmaritime-centric curriculum, whichincludes courses in marine biologyand waterfront development. Theschool will include an aquarium forfish native to the New York Harbor,as well as Marine Science class-rooms where students will raise lob-sters, oysters, and tilapia.

Chair Robert B. Tierney calledGIPEC’s plan an “incredibly impres-sive” example of adaptive reuse.Commissioner Margery Perlmutteragreed, stating that she “envied thestudents.” Landmarks voted unani-mously to approve the plan onOctober 23, 2007.

LPC: Building 550, Governors Island(BR# 08-2568) (Oct. 23, 2007).

Kent Barwick testified that his sup-port for designation stretched backto his years with the City’s Art Com-mission, where he worked to savethe area’s Belgian-block streets and“uniquely preserved integrity.” TheHistoric Districts Council’s SimeonBankoff, as well as numerous localresidents, supported designation,seeing it as a way to tame develop-ment pressures that would other-wise compromise the area’s gritty,urban beauty.

A representative from theDUMBO Improvement District

subject to a proposed rezoning, andasked Landmarks to work closelywith the Planning Commission sothat the designation and rezoningoccur concurrently. A representativefrom U.S. Congresswoman NydiaVelazquez supported designation aswell, claiming that it would spureconomic benefits for the area fromfilm and other creative industries.Brooklyn Borough President MartyMarkowitz also testified, praisingLandmarks for its timely response tothe community’s concerns.

Municipal Art Society President

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LANDMARKS PIPELINE

Proposed Designations – October 2007NAME ADDRESS ACTION DATE

Fiske Terr-Midwood HD Flatbush, BK Heard 10/16/2007

Cong. Tifereth Israel 109-18 54th Ave., QN Calendared 10/16/2007

Mariner's Fam. Asylum 119 Thompkins Ave., SI Heard 10/16/2007

511, 513 Grand St. House 511, 513 Grand St., MN Designated 10/30/2007

Nat'l Bank of NY 106 Avenue C, MN Heard 10/30/2007

Beth Hamedrash 242 E. 7th St., MN Heard 10/30/2007

Wheatsworth Factory 444 E. 10th St., MN Heard 10/30/2007

11th St. Public Bath 538 E. 11th St., MN Heard 10/30/2007

Webster Hall & Annex 119 E. 11th St., MN Heard 10/30/2007

Elizabeth Home 307 E. 12th St., MN Heard 10/30/2007

St. Stephen's Church 151 E. 28th St., MN Heard 10/30/2007

Lord & Taylor Bldg. 424 Fifth Ave., MN Designated 10/30/2007

Allerton House 145 E. 39th St., MN Calendared 10/30/2007

Morris Sanders House 219 E. 49th St., MN Heard 10/30/2007

Manhattan House 200 E. 66th St., MN Designated 10/30/2007

Fire Engine Co. 53 175 E. 104th St., MN Heard 10/30/2007

Eberhard Faber HD Greenpoint, BK Designated 10/30/2007

DUMBO HD DUMBO, BK Heard 10/30/2007

Voelker-Orth Museum 149-19 38th Ave., QN Designated 10/30/2007

Standard Varnish Works 2589 Richmond Terr., SI Designated 10/30/2007

Gillett Tyler House 103 Circle Rd., SI Designated 10/30/2007

159

LANDMARKS PRESERVATIONCOMMISSION

Designation

Brooklyn, Manhattan, Queens, S.I.

Landmarks votes eight designations in one day

Designations include Lord & Taylorstore and Eberhard Faber Pencil Co.complex. On October 30, 2007,Landmarks voted unanimously todesignate seven individual build-ings and one new historic district.

In Manhattan, Landmarks des-ignated the Lord & Taylor flagshipstore in Midtown, the ManhattanHouse in the Upper East Side, andtwo federal-era rowhouses in theLower East Side. The Lord & Taylorstore dates back to 1914 and is anexample of the Italian RenaissanceRevival style. 4 CityLand 111 (Aug.15, 2007). At the hearing, LandmarksChair Robert B. Tierney referred to itas “another landmark hidden inplain sight.” Commissioner MargeryPerlmutter enthusiastically support-ed designation of the ManhattanHouse, a white-brick apartmentbuilding on East 66th Street, statingthat the International-Style buildingset the standard for contemporaryarchitecture. Landmarks also desig-nated two federal-era rowhouses at511 and 513 Grand Street in theLower East Side.

In the Greenpoint section ofBrooklyn, Landmarks designatedthe Eberhard Faber Pencil Companycomplex, comprised of five build-ings dating back to the 1880s, as anhistoric district. The designationcomes after the Department ofBuildings issued permits that woulddestroy and/or alter some of thebuildings within the complex. 4CityLand 109 (Aug. 15, 2007).

Staten Island received two newlandmarks during the hearing: theStandard Varnish Works FactoryOffice, a Round-Arch style industrialbuilding dating back to 1892, 4 City-Land 62 (May 15, 2007); and theGillett-Tyler House, located in theTodt Hill neighborhood, because of

November 15, 2007 Volume 4 CITYLAND

its unique Greek-Revival style ofarchitecture.

Lastly, Landmarks designatedthe Voelker-Orth Museum, BirdSanctuary, and Victorian Garden, an1891 house and garden in the Flush-ing section of Queens. 4 CityLand143 (Oct. 15, 2007).

LPC: Standard Varnish Works FactoryOffice (LP-2250); Gillett Tyler House(LP-2231); Voelker-Orth Museum, BirdSanctuary and Victorian Garden (LP-2272); 511 Grand St. House (LP-2269);513 Grand St. House (LP-2270); Man-hattan House (LP-2246); Lord & TaylorBldg. (LP-2271); Eberhard Faber PencilCo. Hist. Dist. (LP-2264) (Oct. 30, 2007).

ECONOMIC DEVELOPMENT CORPORATION

Request for Proposals

Stapleton, Staten Island

EDC seeks developers for former Navy Homeport

Sites include residential develop-ments, farmers’ market, sports com-plex and hotel. The New York CityEconomic Development Corpora-tion issued three requests for propos-

als seeking developers for projects onStaten Island’s northeastern shore.

The sites are located alongFront Street in Homeport, the for-mer U.S. Navy facility in the Staple-ton section of Staten Island.

The three new RFPs are part ofthe first phase of development underthe New Stapleton Waterfront Devel-opment Plan. 3 CityLand 149 (Nov.15, 2006). In preparation of the site,EDC will demolish the former Navybuildings, while the City will relocatethe government offices that current-ly occupy them.

Under the first RFP, EDC isoffering to sell three parcels for resi-dential development. The developerfor the northernmost parcel wouldbuild 125 residential units. Thedeveloper for the second parcelwould construct 125 residentialunits, a 10,000-square-foot year-round farmers’ market and up to25,000 sq.ft. of service retail. Thedeveloper for the third parcel wouldbuild 100 residential units in thesouthern portion of Homeport.

Under the second RFP, EDCseeks a developer to build and oper-ate a 75,000-square-foot sportscomplex with accessory parking and

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160

COURT DECISIONS

Eminent domain

Sutton Place, Manhattan

Building owner to pay forFDR repairs

Building’s foundation with cracksover and along the FDR. In 1938, theBoard of Estimate approved anextension of the FDR Drive from East92nd Street down to East 49th Street.The City acquired full title to the landnecessary for the extension exceptfrom East 54th to 56th Streets, whereit acquired a permanent easementfrom the Henry Phipps estate to usethe area for street purposes. Theestate retained the right to erectcolumns, beams, and foundationswithin the easement area, whichwould allow it to construct a buildingover the FDR. The City agreed not tointerfere with the estate’s structures,and paid, per a court’s judgment,$336,757 as just compensation forthe easement. In 1957, the Board ofEstimate noted that the City’s ease-ment was limited to 36 feet above theFDR. In 1959, the estate completedconstruction of a residential buildingknown as 25 Sutton Place Southabove the easement.

In 2002 and 2003, the Cityinspected the area and found cracksin the concrete above, and in thecolumns along, the FDR. When thebuilding refused to make repairs,claiming it was not responsible, theCity hired a contractor that repairedthe cracks for $295,142. The buildingsued the City, seeking a declarationthat it was not responsible for themaintenance and repairs of theunderstructure. The City counter-claimed to recover the cost of therepairs and for a declaration that thebuilding was responsible for therepairs as the owner of the under-structure.

The lower court ruled that thebuilding owned the understructureand was responsible for its repairand maintenance. On appeal, theFirst Department agreed that thebuilding owned the understructure,

for 2 health care entities and 1 pri-vate school. On October 9, 2007, theNew York City Industrial Develop-ment Agency voted to provide finan-cial assistance to four entities.

IDA awarded the Bronx ParkingDevelopment Company $225 mil-lion in tax-exempt bonds to financethe design, construction, and reno-vation of three new parking garages,two existing garages and six surfacelots that would serve the new YankeeStadium. According to IDA, theparking project will create approxi-mately 555 construction and opera-tional jobs.

IDA also awarded about $30million in tax-exempt bonds andabout $840,000 in mortgage record-ing tax benefits to CongregationDarchei Torah, a private boys’school, to help construct and equip a160,000-square-foot building in theFar Rockaway section of Queens.IDA says the project will increase theschool’s enrollment by 300 students,and retain and create about 180 jobs.

The Peninsula Hospital Centerin the Far Rockaway section ofQueens will receive about $20 millionin tax-exempt bonds and about$587,000 in mortgage recording taxbenefits. The North Shore LongIsland Jewish-affiliated communityhospital will use the money to refi-nance existing 1998 civic facility rev-enue bonds, issue new bonds, andrenovate and equip its 185,000-square-foot facility. IDA says the project will create and retain 812 jobs.

Lastly, Heart Share Human Ser-vices of New York, a not-for-profitaffiliated with the Roman CatholicDiocese of Brooklyn, will receive$10.27 million in tax-exempt bondsand approximately $287,561 inmortgage recording tax benefits toacquire, renovate, furnish and equipits facilities. Heart Share serves peo-ple in need throughout the city,including children in need of fostercare and adoption and people withHIV and AIDS.

IDA: Notice of Public Hearing (Oct. 1,2007); Bd. of Dir. Mtg. Press Release (Oct.10, 2007).

up to 5,000 sq.ft. of complementaryretail. EDC requires the selecteddeveloper to construct at least oneice rink and one indoor turf fieldwithin the complex, and encouragesrespondents to propose additionalprogram space for gymnastics andchildren’s parties.

The lease for the sports com-plex will be for a term of 20 years,with two 10 year options. Rent will be in a fixed, non-contingentamount based on either the assess-ment of an independent appraiseror the developer’s offer, whichever isgreater. The developer will providethe City payments in lieu of taxes inan amount equivalent to regular realestate taxes. On October 25, 2007,EDC amended the RFP, giving devel-opers the option to purchase theproperty outright.

The last RFP seeks a developerto build a five story, 150-room hotelin the area between the sports com-plex and northernmost residentialsite. The hotel must include a20,000-square-foot banquet halland a 5,000-square-foot restaurant.The lease for the development andoperation of the hotel is for a term of49 years, with the rent amountdetermined in the same fashion aswith the sports complex. On Octo-ber 25, 2007, EDC amended this RFPas well, giving developers the samepurchase option as with the sportscomplex.

EDC set a December 13, 2007deadline for responses to all RFPs.

EDC: Homeport Residential RFPs (Oct.5, 2007); Homeport Sports ComplexRFP (Oct. 5, 2007), amendment (Oct.25, 2007); Homeport Hotel, Restaurantand Banquet Hall RFP (Oct. 5, 2007),amendment (Oct. 25, 2007).

ECONOMIC DEVELOPMENTCORPORATION

Contract Award

Bronx

IDA approves $225 M for newYankee Stadium parking

IDA also approves tax -exempt bonds

Volume 4 CITYLAND November 15, 2007

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161

CITYLAND PROFILES

Trinity Real Estate’s Carl Weisbrod reflects on revitalizing urban areas

Carl Weisbrod’s office at One HudsonSquare is emblematic of the

changes Trinity Real Estate is bringing toHudson Square—a neighborhood on thewest side of Manhattan nestled betweenSoHo, Tribeca, and the West Village. Amodern office space with advanced tech-nological amenities, the building wasactually designed in 1930 to accommo-date printing companies. Much like thebuilding, Mr. Weisbrod, as President ofTrinity Real Estate—the real estatedevelopment arm of Trinity Church, oneof the largest landowners in Manhattanby way of a 1705 gift from Queen Anne ofEngland—seeks to convert an area historically the domain of traditional publishers and printers, into a mixed-useneighborhood catering to architecture,advertising, new media and other creative industries.

Not just a lawyer. Mr. Weisbrod grewup in New York City, and lived here all hislife but for his years as an undergraduateat Cornell University. After graduatingfrom New York University Law School, hepursued a career in urban affairsbecause “most lawyers don’t want to bejust lawyers.” Mr. Weisbrod is by nomeans “just a lawyer,” with a distin-guished resume that includes leadershippositions at such places as the New YorkCity Planning Commission, 42nd StreetDevelopment Project, New York City Economic Development Corporation, andAlliance for Downtown New York.

In addition to his duties at Trinity RealEstate, Mr. Weisbrod is an adjunct profes-sor at Columbia University's GraduateSchool of Architecture, Planning andPreservation, and is still active with theLower Manhattan Development Corpora-tion and the Convention Center Develop-

ment Corporation. While most peoplewould crumble under the weight of allthis responsibility, the friendly andapproachable Mr. Weisbrod happily madetime to sit down with CityLand to reflecton his past accomplishments and futurechallenges.

The Midas Touch. Mr. Weisbrod hasa history of breathing new life into under-achieving neighborhoods. In the 1970she led the Koch administration’s effort toclean-up and redevelop Times Square,which was then characterized by highcrime and low investment, through theCity’s power of eminent domain. Mr.Weisbrod acknowledged differences ofopinion regarding the final product, butfirmly believes that the Times Square oftoday is “definitively better” than theolder version.

When he joined the Alliance forDowntown New York, Mr. Weisbrod’s tar-get was a one-dimensional area domi-nated by office towers and office tenants.Through his close working relationshipwith City officials and Manhattan Community Board 1, he helped transformLower Manhattan into a mixed-useneighborhood with 24-hour residents,grocery stores, retail establishments andrestaurants. In fact, Mr. Weisbrod pointedout that today Lower Manhattan “hasmore residents than office tenants.”

Because “this is a city of neighbor-hoods,” Mr. Weisbrod cautioned that eacharea should be treated differently, but con-ceded that certain principles apply acrossthe board. A neighborhood needs “resi-dents to attract retail, businesses, andvitality.” He said that this is the “biggestlesson” in urban affairs from “the last 25years,” and confirmed by “the immediateexample of Lower Manhattan.”

Hudson Where? Trinity Real Estate is

uniquely positioned to effect change inHudson Square. It owns approximately 6million square feet spread out over 18buildings in the area. Mr. Weisbrod ruledout seeking change through eminentdomain, stating that “that level of govern-ment intervention” will not be necessaryfor Hudson Square to realize its potential.

Rather, he confirmed Trinity RealEstate’s intention to develop the area“organically” and “with the community.”According to Mr. Weisbrod, Trinity RealEstate found “its sweet spot” with officetenants from creative industries, whohave flocked to Hudson Square as of late.He predicted that this particular “class oftenant” will spur developments in thearea such as “better retail, more streetlife, more places to eat.” Citing his expe-rience in Lower Manhattan as well as arecent study from NYU’s Furman Centerfor Real Estate and Urban Policy, Mr.Weisbrod stated that Business Improve-ment Districts “increase the quality of lifefor everybody” and is currently promot-ing one for Hudson Square. A BID in Hud-son Square, Mr. Weisbrod claimed, wouldaddress issues ranging from improvingHudson Square’s streetscape “to City-standard” to “ameliorating the effects ofthe Holland Tunnel.”

Civic values. Mr. Weisbrod said thathe has gained “a great sense of civic life”that has “deeply tied” him to the city“emotionally and politically” through hisexperiences in both the public and pri-vate sector. This bond comes throughwhen he contemplated the City’s future.Citing its economy, raised level of civicdiscourse, visionary yet practical leader-ship, he assured CityLand that the City is“well-positioned for great things.”

— Sami Y. Naim

November 15, 2007 Volume 4 CITYLAND

finding ample evidence in theBoard of Estimate’s records as wellas the court’s condemnation andcompensation orders. The courtfound that the City’s easementspecifically excluded the columnsand foundations and that the ownerwas awarded additional compensa-tion for the added expense of con-

structing a building over the ease-ment. The court also found that thetransfer platform upon which thebuilding rests was four inches abovethe City’s 36-foot easement and wasbuilt by the owner, providing addi-tional proof that it was the owner’sresponsibility. The court remandedthe question of who was responsi-

ble for the emergency repairs, how-ever, finding that the City’s actionsfrom de-icing the FDR may havecaused the understructure to crack.

Cannon Point North, Inc. v. New YorkCity, 2007 N.Y. Slip Op. 07496 (N.Y.A.D.1st Dept. Oct. 29, 2007).

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162 Volume 4 CITYLAND November 15, 2007

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.

New Decisions Added to CITYADMINwww.citylaw.org – October 2007*

CITY COUNCIL

RES. NOS. PROJECT DESCRIPTION DATE

1092 Horsford Poteat ENY6A, BK UDAAP by HPD (7 lots); waive ULURP reqs. 10/17/2007

1093 653 Hinsdale St., BK Amended UDAAP by HPD (2 lots) 10/17/2007

1094 3445 Olinville Ave., BX UDAAP by HPD (1 lot); waive ULURP reqs. 10/17/2007

1095-6 Kings Material, BK Zoning map amendment (M1-2 to R6); 10/17/2007Build in railroad right-of way

1097-8 In rem Action No. 53, QN Property tax exemption; proj. approval 10/17/2007

† 1099-1101 400 Fifth Avenue, MN Zoning text amendment; special permits 10/17/2007to construct 57-story mixed-use building

1102 The Watershed Text amendment (warehouse conversion) 10/17/2007

1103 Privately-Owned Pub. Plazas, CW Zoning text amendment 10/17/2007

1104-5 Bay Ridge Development, BK Amend zoning (mixed-use bldg.); spec. permit 10/17/2007(railroad right-of-way)

1106 1180 James A. Polite Ave., BX Approve site plan (700-seat high school) 10/17/2007

† 1107 Special West Chelsea District, MN Amend text (const. High Line amenities) 10/17/2007

1108 Jefferson Play Center, MN Landmark designation 10/17/2007

1109 McCarren Play Center, BK Landmark designation 10/17/2007

1110-1 Sunset Play Center, BK Landmark designation 10/17/2007

1119 1753 Madison Ave., MN UDAAP by HPD (3 lots) 10/29/2007

1120 3100 Third Ave., BX Designation as Urban Renewal Area 10/29/2007

1121-2 Melrose Commons Site B-1, BX Spec. permit (railroad right-of-way); 10/29/2007zoning map amendment (mixed-use bldg.)

1123 Sunnyside Gardens HD, QN Landmark designation 10/29/2007

1124 2334 Tilden Ave., BK UDAAP by HPD (1 lot); waive ULURP reqs. 10/29/2007

1125 Dabar Oceanhill, BK UDAAP by HPD (4 lots); waive ULURP reqs. 10/29/2007

1126 690 Union Ave., BX UDAAP by HPD (1 lot); waive ULURP reqs. 10/29/2007

1127 1347 Bristow St., BX UDAAP by HPD (1 lot); waive ULURP reqs. 10/29/2007

1128 631 Academy St., MN UDAAP by HPD (1 lot); waive ULURP reqs. 10/29/2007

1129 639 E. 169th St., BX UDAAP by HPD (1 lot); waive ULURP reqs. 10/29/2007

1130 95 W. 95th St., MN Special permit (100-space garage) 10/29/2007

1131 Crotona Park Bath House, MN Landmark designation 10/29/2007

1132 Seligman Residence, MN Landmark designation 10/29/2007

1133-4 488, 486 Greenwich St. Houses, MN Landmark designation 10/29/2007

† 1135 Bedford Stuyvesant Rezoning, BK Zoning text amendment (incl. housing) 10/29/2007

1136 Highbridge Play Center, MN Landmark designation 10/29/2007

1137 Jamaica Plan-Follow-Up Text, MN Text amendment (Spec. Downtown Jamaica Dist.) 10/29/2007

1138 Forest Hills South Rezoning, MN Zoning map amendment (41 blocks) 10/29/2007

1139 Bouley Bakery, MN Revocable consent (sidewalk cafe) 10/29/2007

† 1140 Bedford-Stuyvesant Rezoning, BK Zoning map amendment (206 blocks) 10/29/2007

1144 45 Summit Street, BK Amend zoning (35-unit res. bldg.) 10/29/2007

1145 St. Albans Rezoning, QN Zoning map amendment (317 blocks) 10/29/2007

CITY PLANNING COMMISSION

PROJECT NAME DESCRIPTION LOCATION ULURP # DATE

50 West Street City map amendment; build 63-story MN 1 C070351MMM; 10/1/2007mixed-use bldg. over Brooklyn-Battery N070412ZRM;zoning lot; special permits (modify C070414ZSM;setback regulations) C070415ZSM

61st Street-York Avenue Zoning map amendment; Special MN 8 C000198ZMM; 10/3/2007Rezoning/Garage permit (195-space garage) C070441ZSM

Highbridge Play Ctr. Landmark designation MN 12 N080068HKM 10/3/2007

Melrose Commons Site B-1 UDAAP by HPD (96 res. units); discontinue BX 1 C070506HAX; 10/3/2007railroad right-of-way; zoning map C070507ZSX;amendment C080002ZMX

Hamilton Beach Map Street discontinuance/closing QN 2 N050191(A)MMQ 10/3/2007

Forest Hills South Rezoning Zoning map amendment QN 6 C070521ZMQ 10/3/2007

Jamaica Plan-Follow-Up Text Zoning text amend. (rear yard regs.) QN 12 N080022ZRQ 10/3/2007

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163November 15, 2007 Volume 4 CITYLAND

New Decisions Added to CITYADMINwww.citylaw.org – October 2007*

BOARD OF STANDARDS & APPEALS

ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

50 Laight St., MN Const. 8-story mixed-use bldg. App'd 328-06-BZ Francis Angelino

520 Broome St., MN Const. 9-story mixed-use bldg. App'd 154-05-BZ Kenneth Lowenstein

163 Charles St., MN Ext. time for minor development App'd 212-07-BZY Greenberg Traurig

8 St. Marks Pl., MN Amend variance for retail use Denied 142-70-BZ Barbara Hair, Esq.

555 W. 42nd St., MN Permit PCE (Crunch Fitness) App'd 126-07-BZ Wachtel & Masyr

301 Park Ave., MN Permit PCE (Waldorf-Astoria) App'd 188-07-BZ Friedman & Gotbaum

50 E. 78th St., MN Ext. of term (art gallery) App'd 515-89-BZ Sheldon Lobel, P.C.

162 W. 83rd St., MN Ext. of term (Crunch Fitness) App'd 244-97-BZ Wachtel & Masyr

319 W. 94th St., MN Enlarge 6-story bldg. App'd 80-07-BZ Sheldon Lobel, P.C.

4368 Furman Ave., BX Waive side yard regs. Denied 320-06-A Rothkrug Rothkrug

1667 E. Gun Hill Rd., BX Legalize use (auto truck & rental) App'd 517-68-BZ Alfonso Duarte

1449 Rosedale Ave., BX Order of closure (illegal comm. use) D'missed 324-06-A Al Muhammad

1328 E. 26th St., BK Enlarge 1-family dwelling App'd 128-07-BZ Fredrick A. Becker

124 Norfolk St., BK Legalize dwelling enlargement App'd 114-06-BZ Sheldon Lobel, P.C.

2908 Nostrand Ave., BK Const. 4-story res. bldg. (FAR, height) App'd 25-06-BZ Dominick Salvati

1847 60th St., BK Const. rear addition (yards) App'd 286-06-BZ Eric Palatnik, P.C.

1249 Sutter Ave., BK Ext. time to obtain C of O (gas station) App'd 671-56-BZ II Walter T. Gorman

213 Court St., BK Legalize PCE (Fitness Together) App'd 166-07-BZ Wolf Block Schorr

1201 Avenue Z, BK Enlarge 1-story building D'missed 109-06-BZ Dominick Salvati

55 Eckford St., BK Ext. time to complete minor dev. App'd 157-07-BZY Sheldon Lobel, P.C.

1828 McDonald, BK Legalize, permit change in use (billiard parlor) App'd 844-86-BZ Rothkrug Rothkrug

34-34 Bell Blvd., QN Permit PCE (Three Elements) App'd 329-06-BZ Wholistic Health

150-62 78th Rd., QN Leg. synagogue enlargement (yards) App'd 23-06-BZ Sheldon Lobel, P.C.

7 Chester Walk, QN Enlarge 1-family dwelling not fronting mapped st. App'd 190-07-A Gary Lenhart

267-04 83rd Ave., QN Legalize dwelling enlargement App'd 156-06-BZ Alfonso Duarte

240-23 128th Ave., QN Const. 1-fam. dwelling in mapped st. bed App'd 105-06-A Rothkrug Rothkrug

242-22 61st Ave., QN Dismiss for lack of prosecution W/D 347-05-A Greenberg Traurig

106-02 Astoria Blvd., QN Dismiss for lack of prosecution W/D 304-06-BZ Rothkrug Rothkrug

389 College Ave., SI Const. garage in mapped st. bed App'd 323-06-A Vito J. Fossella

130 Montgomery Ave., SI Const. 4-story mixed use bldg. in App'd; 298-06-A; Glen V. Cutronamapped street bed; waive yard, lot regs. App'd 297-06-BZ

60 Chipperfield Ct., SI Const. pool in mapped st. bed App'd 156-07-A Jorge F. Canepa

280 Marsh Ave., SI Permit PCE (Massage Envy) App'd 164-07-BZ Rothkrug Rothkrug

2819 Hylan Blvd., SI Elim., modify accessory parking variance App'd 214-96-BZ Rampulla Assoc.

1523 Richmond Rd., SI Vested right to compl. const. (medical office) App'd 326-06-A David L. Businelli

LANDMARKS PRESERVATION COMMISSION

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO APP’D ISSUED

CERTIFICATE OF APPROPRIATENESS

220 E. 42nd St., MN Daily News Bldg. Lobby Replace security desk, turnstiles 08-3747 Yes 10/3/2007

1271 Sixth Ave., MN Time & Life Building Install desks, turnstiles, railings 08-3264 Yes 9/18/2007

344 W. 72nd St., MN Chatsworth Apartments Const. penthouse addition 08-3231 Yes 9/18/2007

433 Broome St., MN SoHo-Cast Iron HD Remove infill, const. storefront 08-1893 In Part 8/14/2007

79 Mercer St., MN SoHo-Cast Iron HD Legalize infill removal 08-3758 Yes 10/4/2007

524 Broadway, MN SoHo-Cast Iron HD Replace elevator bulkhead 08-3067 Yes 9/12/2007

18 Grove St., MN Greenwich Village HD Const. new entry, iron stair 08-3934 Yes 10/17/2007

321 W. 12th St., MN Greenwich Village HD Alter rear facade 08-3128 Yes 9/17/2007

675 Hudson St., MN Gansevoort Market HD Legalize billboard 07-8835 No 10/12/2007

863 Broadway, MN Ladies' Mile HD Const. rooftop add., repl. infill 08-3532 Yes 10/3/2007

45 E. 74th St., MN Upper East Side HD Alt. facade, const. 1-story add. 08-3973 Yes 10/17/2007

4 E. 75th St., MN Upper East Side HD Demo. addition, const. facade 08-3586 Yes 10/10/2007

341 Amsterdam, MN Upper West Side/CPW HD Replace windows 08-3619 Yes 10/1/2007

430 Grand Ave., BK Clinton Hill HD Legalize, mod. facade alterations 08-3371 Yes 10/3/2007

85 S. Oxford St., BK Fort Greene HD Install access ramp, plaque 08-3608 Yes 10/1/2007

233 Carlton Ave., BK Fort Greene HD Const. 4-story building 08-3362 Yes 10/1/2007

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.

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