NOVEMBER 15.2005 CENTER FOR NEW YORK C I TY LAW VOLUME 2. NUMBER 10

Highlights CITY COUNCIL

Q ueens land ma rk rej ect ed . . . . 145

Fa r W est Vi llag e rewn ed ....... 147

B ed-St uy ch oos es j obs . . . .. . . . . 148

Sf c ommercia l overlays g on e ... 149

P laza H ot el ro oms land ma rk ed 150

D elinq uent cafe d eni ed p ermit .150

CITY PLANNING COMMISSION

C olumbia and CB 9 di vid ed ... 151

Bro ok lyn Navy Ya rd g rows ..... 152

BOARD OF STANDARDS & APPEALS

P.S. 64 w on't b e st ud ent d orm .. 152

P roj ects b eat d own -z oning ..... 154

11 st ori es app'd f orW. B'way ... 154

Ha rlem own er withd raws .. . . . 155

50-y r- old ca r sh op n ot obs olet e . 155

B ro ok lyn synag og ue to expand .155

LANDMARKS

Fa r W est Villag e h ea ring ....... 156

1866 stab le g ets 2 n ew st ori es . .. 157

COURT DECISIONS

T enant , 81,f orcib ly removed . .. 157

CHARTS

DCP Pip elin e . . . . . . .. ... .. . ... 148

ULURP Pip elin e . . . . . . . . .. .... 150

BSA Pip elin e ........... . .. . . . . 153

Land ma rksActi ons .......... . 156

Land ma rks Pip elin e . . . . . . . ... 157

City law org New D ecisi ons 158, 159

New DOB P ermits ........ ... . . 159

Novemb er 15, 2005

Council rejects d esign ation of Jamaica Savings Bank on Queen s Boulevard . See full story on page 145. Photo: Robert Meroln.

CITY COUNCIL

Landmark Designation

Elmhurst, Queens

Council rejects designation of Queens Blvd. bank

Objections by building owner and lack of positive support by coun­cil member sank designation. On October 27, 2005, the City Council overturned the Landmarks Preser­vation Commission's designation of the 1966-built, former Jamaica Sav­ings Bank on Queens Boulevard in Elmhurst. Landmarks designated the bank in June 2005, calling it a striking example of 1960s popular modernist architecture. 2 CityLand 92 (July 15, 2005). The bank, designed by William F. Cann, fea­tures a 116-foot long curved copper clad roof that rises from a low floor-

to-ceiling height to a 43-foot height along the Queens Boulevard facade. Landmarks found the roof reminis­cent of Saarinen's TWA Terminal at JFK International Airport.

The owner, BA Property LLC, argued against the designation at the Council's hearing before the Sub­committee on Landmarks, Public Siting and Maritime Uses. BA claimed that Landmarks, under pressure from preservationists to designate more modern architecture and buildings outside of Manhattan, arbitrarily chose the bank, offering it as a "consolation prize." BA claimed the bank's high ceiling and unique design made heating, cooling and repair costs exorbitant, and flooding issues required "six double gallon pumps going 24 hours a day." BA complained that designation would deprive it of its right to add over 25,000 sq. ft. of as-of-right commer­cial space. (cont'd on page 147)

Volume 2 CITYLAND 145

Landmark Designations Should Not Be a Matter of Council Member Courtesy

Leading this issue of CllYLAND is a report on the Council's refusal to landmark the Jamaica Savings Bank located on Queens Boulevard in Elmhurst. The 1966 building's bold, but oddly triangular facade and steeply pitched roof (pictured on CllYLAND 's front page) was intended to attract attention, but the attention it attract­ed during the Council's consideration raised more issues than architectural concerns.

Council Member Charles Barron cautioned the subcommittee about modern architecture because, in his opinion, modern buildings as a group were unworthy of protection. If he means that the City should be selective, he is of course correct. But as a generalization covering all modern architecture, the principle goes much too far. The landmarks law requires a building to be at least 30 years old for consideration, and that limitation serves to introduce moderation into the process. There are modern structures that deserve to be landmarked, and such consideration should be on the merits.

More worrisome was Subcommittee Chair Sirncha Felder's comment that the Council followed a custom in landmark designation of deferring to the recommendation of the member in whose district the proposed land­mark was located. This principle, if actually followed, would undermine the Council's appropriate role as the leg­islature for the City as an entirety. The recommendation of the local Council Member is one element in designa­tion considerations, but that recommendation should not be treated as a veto; landmarking is not a matter of leg­islative courtesy, but of City wide concern.

The designation process is laborious, beginning with highly documented studies. From there the proposed designation runs a gauntlet of hearings and votes at both the Landmarks Preservation Commission and the City Planning Commission. A proposed designation that finally makes it to the Council's docket should, if anything, carry a presumption of favorable action, not the vulnerability of Council Member courtesy.

In the Jamaica Savings Bank case, the principle was stated, but not followed. Council Member Helen Sears voted to designate, but by then her own and her colleague's actions had doomed the proposal. So be it. The Coun­cil should also have, in the process, rejected any notions of Council Member courtesy in designations as well.

CITYLAND Ross Sandler Robert Merola Jeffrey Ocasio Executive Editor ami Director, Design Director Web Master Center for New York City Law

Angelina Martinez-Rubio '04 Michele M. Herrmann '06 Melanie Cash '02 Kevin Schultz 'OS Research Assistant Associate Director Fellows in New York City Law

Molly Brennan Editor, CityLami

Kent Barwick Andrew Berman Albert K. Butzel

Jesse Denno Publication Production Assistant

CITYlAND ADVISORY BOARD

Howard Goldman David Karnovsky Ross Moskowitz '84

Frank Munger Carol E. Rosenthal Paul D. Selver

-

-

CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL -

Stanley S. Shuman, Michael D. Hess Norman Redlich Chair Lawrence S. Huntington '64 Joseph B. Rose Arthur N. Abbey '59 William F. Kuntz II Ernst H. Rosenberger '58 Harold Baer, J r. Eric Lane Rose Luttan Rubin David R. Baker Randy M. Mastro Frederick P. Schaffer Edward N. Costikyan

Richard Matasar Frederick A.O. Schwarz, Jr. Paul A. Crotty Richard J. Davis

Robert J. McGuire O. Peter Sherwood

Fernando Ferrer Francis McArdle Edward Wallace

Michael B. Gerrard John D. McMahon '76 Richard M. Weinberg

Judah Gribetz Thomas L. McMahon '83 Peter L. Zimroth

Kathleen Grimm '80 Steven M. Polan James D. Zirin

146 Volu me 2 CI "TYLAND

Ross Sandler

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

New York Community Trust, The Prospect Hill Foundation, and The Revson Foundation.

CITYlANO (ISSN 1551-711X) is published 11 times a year by the Center for New York City Law at New York Law School, 57 Worth St., New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mai l: nycitylaw@nyls.edu, website: www.city­law.org © Center for New York City Law, 2005. All rights reserved. Printed on recycled paper. Maps presented in CITYLANO are from Map-PLUTO copyrighted by the New York City Department of City Planning. City Landmarks and Historic Dis­tricts printed with permission of New York City Landmarks Preservation Commission.

POSTMASTER: Send address changes to CITYLANO, 57 Worth Street, New York, New York 10013-2960. Periodicals postage paid at New York, New York.

Novemb er 15, 2005

,

Closing the hearing, Subcom­mittee Chair Simcha Felder asked Council Member Helen Sears, Elmhurst's representative, if she supported the designation. Sears, who had seemed to support the designation before the Landmarks Preservation Commission, refused to commit either way. She stated that the Community Board sup­ported the designation, but also that the owner's concerns seemed substantial. Following Sears' ambiguous comments, the Sub­committee voted to overturn the designation with only Council Member Bill Perkins voting to uphold Landmarks' vote.

When the full Land Use Com-

CITY COUNCIL

Rezoning

Greenw ich Village, Manhattan

mittee met on October 24th, Felder explained that customarily the Sub­committee followed the recom­mendation of the council member whose district contained the poten­tial landmark, but in this case Sears had voiced support for designation before the hearing and then at the hearing was noncommittal. Given Sears' doubts and the building's serious repair problems, the Sub­committee could not support desig­nation. Council Member Charles

Barron added that the Council should be very cautious and watch designations of modern architec­ture because, in his opinion, mod­ern buildings were unworthy of landmark protection.

Far West Village rezoning approved

Council down-zoned lots with pending develop­ment. The Council rezoned 14 blocks of Greenwich Vil­lage west of Washington Street, replacing manufactur­ing and commercial zoning in the area with contextual zoning districts. The proposal came from the Planning Department after Far West Village residents com­plained of the growing number of large development proposals that followed construction of the Richard Meier-designed, 205-foot luxury residential towers along West Street.

In the proposal, the Planning Department designed contextual commercial zones to allow commercial and residential uses, but limited the size and density of new development to match the neighborhood's existing char­acter. The rezoning will cluster medium-density residen­tial buildings on portions ofWest and Washington Streets and greatly restrict the density along the Far West Village's narrow residential streets like Charles Street.

Closing the vote, Felder stated

that "in terms of landmarking in the

outer boroughs, there is an argu­

ment to be made to not allow the

Landmarks Preservation Commis­

sion to fulfill this obligation by

landmarking junk." The full Land

Use Committee voted to overturn

the designation, sending it to the

full Council, which adopted the

Committee's recommendation

unanimously with only one mem­

ber voting in favor of designa­

tion . . . Helen Sears.

Council: Jamaica Savings Bank (Octo­

ber 27, 2005) (Jeffrey Chester, Einbinder

& Dunn, LLP, for BA Property LLC) .

CrTYADMIN

During the rezoning's planning and approval process, several proposals for new developments got underway, including the proposed demolition and replacement of the Superior Ink factory site at 70 Bethune Street with a new luxury apartment tower; the demolition of the factory at 389 West 12th Street, for­merly owned by Diane von Furstenberg; and a large project proposed for the Whitehall Storage site at 303 West 10th Street.

I CHiA

Several residents, testifying at the October 6, 2005

Novemb er 15, 2005

Far West Village: Adopted Zoning used with permission of the New York City Departmen t of City Planning. All rights reserved.

Volume 2 CITYLAND 14 7

CITY PLANNING PIPELINE

APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE

ZONING TEXT AND MAP AMENDMENTS Tuck-it-away 1901 Park Ave., MN Rezone for commercial building 060198ZMM Tuck-it-away DCP West Chelsea District, MN Amend text for prior approval 060199ZRM DCP DCP Greenpoint-Williamsburg, BK 4 text changes 060170ZRK DCP DCP

DCP Pelham Bay Rezon., BX Rezone (comm. overlays) 060179ZMX DCP Westchester Sq. Rezon., BX Rezone (comm. overlays) 060180ZMX DCP

DCP Midwood Rezoning, BK Rezone (R6 to R2, R4-1, R5, &R5-B) 060130ZMK DCP ................... _ ..... ... - ............ _ ... _. __ . .... _._ ... _._--_ ... _ .. _ ... - ................ _ .. _ ... _ .... .

DCP Aft. Housing Zoning DiS!., BK Rezone for contextual height limits 060171ZMK DCP HPD Mantic Terrace, BK Rezone, UDAAP & disposition (10- 060176ZMK; HPD

story building in Atlantic Terminal) 060177HAK DCP

SPECIAL PERMITS/OTHER ACTIONS

A&T LLC 303 E. 109th St., MN Easement for residential bldg. 060192ZCM A&T LLC

EDC 711 12th Ave., MN Renovation & widening of piers 060181ZCM EDC

Sagamore 54th St. 421-429 W. 54th St., MN Spec. permit for garage 060169ZSM Howard Goldman

Fantis Foods 36 Laight St., MN Conversion (ground floor dwellings) 060183ZAM Decampo Diamond

John D'Amato Coveryly Ave., SI Reconfig. zoning (3, 1-family homes) 060190ZCM John D'Amato

HHC East River Science Park, MN Spec. permits for bio-science space 060187CMM; HHC & 720-space garage (Bellevue Hosp.) 060188CMM

HPD 31-38 Van Buren St., BK Spec. permit for Wazobia House 060195ZSK; HPD (homeless & disabled comm. fac.) 060194HAK

Mothiur Rahman 39-15 28th St, QN Construct residential in Ml-3D 060178ZAQ Tri-State Zoning

DEP/DCAS

DEP/DCAS

Oceanside Ave., SI Site selection & acquisition 060196PCR DEP/DCAS

Oakwood Beach Bluebell, SI Site selection & acquisition 060197PCR DEP/DCAS -_ ..... .......... .... _ ... _ ... _ ... _ ... _._ .. _. __ ._ ... -........ __ ...... -

T&L Properties 131 Highland Ave., SI 2-family in Hillside Preservation Dist 060 193ZAR T&L Properties

HHC Sea View Monopole, SI Height alteration 060200ZAR HHC

Council hearing, requested that the Subcommittee on Zoning and Fran­chises act to reduce the permitted size of future development on the Whitehall Storage and Superior Ink factory sites_ Some requested that the Council stop the proposed dem­olition of the Superior Ink building, a proposal which is currently before BSA A few Charles Street property owners argued that the proposal was unduly restrictive and unfair since their properties were proximate to the large Meier towers and the Whitehall Storage site development.

The next day, the Subcommit­tee approved the plan without mod­ification, rezoning the Whitehall Storage site to a commercial zoning that maintained the site's large per­mitted residential floor area (FAR of 6_02) and permitting residential uses as-of-right with a floor area ratio of 5_02 on the Superior Ink factory site. The Land Use Committee and the

148 Volume 2 CITYLAND

full Council approved the rezoning without change.

ULURP Process: The Planning Commission, as lead agency, issued a negative declaration on July 11, 2005. Community Board 2 approved the rezoning, but requested that the plan for the Superior Ink and White­hall Storage sites be reconsidered. Borough President C. Virginia Fields approved the proposal.

At the September 14, 2005 Plan­ning Commission hearing, State Senator Thomas K. Duane urged the Commission to act swiftly, express­ing concern that property owners will rush to obtain vested develop­ment rights. GaryTirnarkin, an archi­tect and developer who owns 393 West 12th Street, opposed the rezon­ing, arguing it would increase rent and housing costs. Edward Baquero, owner of 385 West 12th Street, asked to be omitted from the rezoning, arguing that his proposed Christian

de Portzamparc-designed building would benefit the neighborhood, but was infeasible to construct with the proposed reduction in permitted floor area.

The Commission voted unani­mously to approve the plan at a spe­cial meeting on September 26, 2005. The Commission found the pro­posed floor area limit on the White­hall Storage and Superior Ink sites appropriate and approved both without change. Chair Amanda M . Burden commented that the Com­mission set a precedent for its coor­dinated work with the Landmarks Preservation Commission, which is considering two new historic dis­tricts within the rezoned area.

Council: Far West Village Zoning Map Amendment (October 1 1 , 2005); CPC: Far West Village Zoning Map Amend­ment (C 060006 ZMM - map amend­ment) (September 26,2005). CrTYADMIN

CITY COUNCIL

Rewning

Bedford-Stuyvesant, Brooklyn

Council votes down rezoning for Bed-Stuy site

Citing a need for jobs, Council rejects proposal to rezone manufac­turing site for 49 new housing units. On October 27,2005, the City Co un­cil overturned the Planning Com­mission's approval of an application to rezone a vacant, 19,680-square­foot site from manufacturing to res­idential to facilitate the develop­ment of 49 units of housing in Bed­ford -Stuyvesant.

The applicant, Middleland Inc., argued at the hearing before the Council's Subcommittee on Zoning and Franchises that the site was unique. It was surrounded by residential uses and had been resi­dentially-zoned until 1975, when it was rezoned for use as a parking lot for IBM's adjacent factory. A decla­ration restricting its use to parking for IBM remains recorded on the property. Since IBM closed the fac-

Novemb er 15, 2005

,

tory in 1 993, the site has remained fenced and vacant. Middleland planned to construct seven sepa­rate buildings on the site with seven units in each building.

Middleland's attorney, Richard Lobel, told the Subcommittee that the Community Board had accused the developer of proposing "segre­gated housing." Lobel pointed out that Middleland had committed to making 20 percent of the units affordable and was working with HDC. Lobel asked the Subcommit­tee to delay the vote on the rezoning until specifics with HDC could be presented to the Council. If the Sub­committee did vote to deny the rezoning, Lobel urged that at the very least the Council vote to remove the restrictive declaration limiting the site's use to parking.

Cynthia Pinn, from Brooklyn Community Board 3, testified in opposition, explaining that the Board had unanimously voted to disapprove the application. Citing a 40 percent unemployment rate for Bedford-Stuyvesant residents, Pinn argued that the site should be main­tained for manufacturing use to provide needed job opportunities for Bedford-Stuyvesant's unem­ployed. Pinn made no mention of the Board's opposition to the type of residential housing.

At the close of the public hear­ing

' Council Member Albert Vann, the

Bedford-Stuyvesant representative, urged the Subcommittee's disap­proval, arguing that maintaining the site's manufacturing zoning was nec­essary to job creation. Vann added that the need for jobs was "even greater than the need for housing."

Calling the application "a unique situation," Land Use Com­mittee Chair Melinda Katz stated that she supported disapproval because she was unaware of a time when an application faced the unanimous disapproval of the Com­munity Board and the Borough President. The Subcommittee and the full Land Use Committee disap­proved on October 24, 2005, sending

Novemb er 15, 2005

it to the full Council, which disap­proved on October 27th. The Coun­cil was required to vote on the appli­cation before November 3, 2005 or the rezoning would have been deemed approved based on the Planning Commission's approval.

ULURP Process: The Planning Commission, as lead agency, issued a negative declaration on August 8, 2005 and recorded a declaration on the property requiring additional hazardous materials tests.

Community Board 3 unani­mously voted against the rezoning. Borough President Marty Markowitz also disapproved, noting that the project would not meet the commu­nity 's goal of job creation. Markowitz suggested that retail or commercial uses be added.

The Planning Commission approved on September 1 4, 2005, finding that the project would cre­ate needed housing on a primarily residential block. The Commission noted that the lot's 1 975 rezoning was solely for IBM's use and, responding to Markowitz's denial, stressed that the site has remained vacant since IBM vacated in 1 993.

Council: Spencer Street/DeKalb Ave. Rezoning (October 27, 2005); CPC: Spencer Street/DeKalb Ave. Rezoning (C 030276 ZMK - map amendment) (September 14, 2005) (Marci Lobel-Esrig, Richard S. Lobel, Sheldon Lobel P.c., for Middleland) . CITYADMIN

CITY COUNCIL

Rezoning

Staten Island

Commercial zone overlays eliminated in Staten Island

Council angered by allegation that rezoning will impede affordable housing construction. The full Council approved three linked pro­posals to eliminate commercial zoning overlays in 21 areas of Staten Island after a public hearing where a Staten Island architect alleged that the actions would impede afford-

able housing development.

The October 6, 2005 hearing before the Council's Subcommittee on Zoning and Franchises became heated when a Staten Island archi­tect, who first testified that a block on Wyman Avenue should retain its commercial zoning, cautioned the Council that its efforts to down­zone Staten Island could ultimately prove exclusionary for low-income families. Calling his comment an "insult" and "disgusting," Council Member Andrew J. Lanza told the architect that "not a single stick of affordable housing has been built in Staten Island" and commented that the rezonings had been thoughtful­ly planned. "You know how much affordable housing will be built in Staten Island: zero," Lanza told the architect. When the architect began to explain that he was currently working on a multi-family project aimed at first-time home buyers, Council Member Tony Avella, the Subcommittee Chair, told the archi­tect that he was cutting him off.

Additional opposition testimo­ny came from a property owner with a site that had contained an oil and heating company since 1 963. He asked that his site be carved out of the rezoning to allow it to main­tain its commercial zoning.

Closing public testimony, Council Member Lanza recom­mended that the lot containing the heating and oil company be removed from the rezoning and that no other modifications be support­ed. The Subcommittee approved the three actions, adopting Lanza's modification. The Land Use Com­mittee and full Council approved.

The approved rezoning elimi­nated commercial overlays on blocks determined by the Planning Department to be primarily residen­tial in nature. With the removal of the commercial zoning, a loophole was removed that had allowed develop­ers to build large as-of-right residen­tial developments in lower density areas. For the full ULURP process, see 2 City Land 138 {Oct. 1 5, 2005.)

Volume 2 CITYLAND 149

Council: Staten Island Commercial Overlay Rezoning (October 1 1 and October 27, 2005) ; Staten Island Com­mercial Overlay Rezoning (C 050453 ZMR), (C 050454 ZMR) , (C 050455 ZMR) (September 1 4, 2005) . CITYADMIN

CITY COUNCil

Landmark Designation

Midtown, Manhattan

Plaza Hotel public rooms receive Landmark status

Council voted without debate to uphold Landmarks' designation of the interiors of the Plaza Hotel. On October 27, 2005, the full Council voted to support the Landmarks Preservation Commission's desig­nation of eight interior rooms of the Plaza hotel as individual landmarks with very little debate. Landmarks had moved quickly to designate the Plaza's interiors in April 2005 after Elad Properties, the Plaza's current owners, filed a change of use appli­cation to alter some of the hotel's historic banquet rooms to retail space. 2 CityLand41 (Apr. 15,2005); 2 CityLand 91 (July 15, 2005). With the Council's approval, future alter­ations of these interior rooms will require Landmarks prior approval.

Council: Plaza Hotel Interiors (October 27, 2005). CITYADMIN

CITY COUNCil

Sidewalk Cafe Greenwich Village, Manhattan

Council denies cafe a sidewalk renewal permit

Council rejection based on owner's failure to pay $16,000 in City fees. Dominick DeSimone, owner of the Stonewall Bistro, the Stonewall Bar and the Stonewall Nightclub in Greenwich Village, applied to renew­his sidewalk permit for the Bistro at 113 Seventh Avenue South. Com­munity Board 2 and residents opposed the renewal.

150 Volu me 2 CITYLAND

At the Council hearing before the Subcommittee on Zoning and Franchises, DeSimone alleged that the community 's opposition to the renewal application was based on the fact that the Stonewall was a gay bar and nightclub with primarily black and latino patrons and not based on the operation of the side­walk cafe, which was without inci­dent. DeSimone argued that this community prejudice was evidenced by 45 violations, all of which were eventually dismissed, that were issued against the nightclub and stemmed from neighbors' com­plaints to the City. DeSimone added that the NYPD informed him that once inspectors are called, they have to find something wrong. He then provided a protracted explanation of the operations of the bar and night­club, arguing that the club was oper­ating in conformance with its BSA permit, for which DeSimone was also seeking renewal.

Opponents to the application, including the Chair of Community Board 2, testifying about the prob­lems with the Stonewall nightclub, claimed that the community was "powerless" until renewal applica­tions provided a forum for their complaints. All three opponents said that they took offense to being

categorized as having a personal vendetta against a gay bar.

Council Member Christine Quinn, Greenwich Village's repre­sentative, dismissed both DeSi­mone's and the opponents' discus­sions of the Stonewall bar and night club as irrelevant, noting that the only issue before the Subcommittee was the Bistro's sidewalk permit application. Quinn said that DeSi­mone received a sidewalk permit three years ago and never paid the fees, which amounted to $16,000. Only a week before the hearing, DeSimone told Quinn that he could not afford' to pay the City; in the end, DeSimone paid the City $7,000 only days before the hearing.

Quinn urged disapproval, argu­ing that the Council should not reward an owner that benefits from City permits, but fails to pay for the benefit. Quinn argued that the Council should set a precedent that if you fail to pay the City, the Council will reject any renewal application. Following Quinn's suggestion, the full Subcommittee voted to deny DeSimone's renewal permit. The Land Use Committee and the full Council also voted to disapprove.

Council: Stonewall Sidewalk Cafe Per­mit (October 27, 2005). CITYADMIN

Novemb er 15, 2005

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CB 9's proposed ManhattanviJle Special Purpose District. Used with permission of Community Board 9 and Ihe Pratt Certter for Community Development.

CITY PLANNING COMMISSION

197-a Plan

Manhattanville, Manhattan

Manhattanville's 197 -a plan goes forward

Community Board 9 and Columbia University presented dif­ferent rezoning plans for Manhat­tan ville. At the Planning Commis­sion's review session on October 1 7,

2005, the Commission determined that Manhattan Community Board 9's independent 1 97-a plan for the future rezoning and development of Manhattanville met threshold stan­dards. The plan culminated over 12 years of work by the Board. Under the City Charter and Rules, before environmental review of the 1 97-a plan can commence, the Commis­sion must determine that the plan conforms to threshold standards for form and content, and for sound planning policy.

Novemb er 15, 2005

At the same session, the Com­mission discussed concerns that Columbia University planned to file a conflicting rezoning proposal cov­ering the same geographic area to facilitate Columbia's expansion into Manhattanville. Columbia's plan would seek to rezone low-density manufacturing lots to allow high­density educational uses. While Columbia owns a portion of the lots in the area, it would potentially obtain more by eminent domain.

City Rules allow the Commis­sion to coordinate the review of dif­fering proposals for the same geo­graphic area so that both plans are considered concurrently. At the meeting, both Community Board 9 and Columbia agreed to future dia­logue to facilitate concurrent review of the plans. When Commissioner Richard W Eaddy asked about the possible outcome of the negotia­tions, staff members for the Depart­ment responded that three possibil-

ities existed: the parties resolve their differences and the plans are reviewed without incompatible dif­ferences; the Commission decides between a narrow set of possibili­ties; and if the parties do not reach any compromises, the Commission decides what is the best outcome for the area.

The Commission was most concerned about issues related to eminent domain. While the Com­munity Board's 1 97-a plan is adamantly opposed to using emi­nent domain, Columbia stated that it may use eminent domain to accomplish the expansion of its educational campus. In response to Commissioner Karen A. Phillips, Columbia's representatives stressed that eminent domain was impor­tant for utilities to be moved under the street. Commissioner Irwin G. Cantor noted that eminent domain was an issue and that Columbia should recognize that it will contin­ue to be an issue until the date of the vote.

The Commission voted to issue a letter to Community Board 9, find­ing that its plan met threshold stan­dards. Calling the 1 97 -a plan and Columbia's proposal "radically dif­ferent," Chair Amanda M. Burden encouraged a dialogue between both parties, and requested that the Board make good faith efforts to identify common ground and achieve consensus wherever possi­ble. The letter also stated that the Commission plans to consider both proposals concurrently so as to afford both equal consideration.

The scoping meeting to start the environmental review of the 1 97-a plan is scheduled for Novem­ber 15, 2005. It is expected that the environmental review process will take six months.

CPC: Community Board 9 1 97-a Plan (N 060047 NPM - threshold determina­tion) (October 1 7, 2005).

CI TYl..AI'-..It;) Comment Details for the 1 97-a plan are available at: http://www.prattcenter.net/cp-

Volume 2 CITYLAND 151

cb9.php. Although Columbia has not yet submitted ULURP applica­tions for its proposal, its details are available at: http://neighbors.colu­mbia.edu/pages/manplanning/in dex.html.

CITY PLANNING COMMISSION

Disposition of City property

Brooklyn Navy Yard

Transfer of historic Admiral's Row approved

Commission approved 34-acre transfer to the Brooklyn Navy Yard Development Corporation. The Department of Small Business Ser­vices and DCAS proposed to acquire and transfer an additional 34 acres to the Brooklyn Navy Yard Development Corporation to be added to the 262-acre area current­ly under its management. A majori­ty of the area to be transferred, 28 acres, contains the former U.S. Navy's Hospital Annex. The remain­ing six acres, currently owned by the U.S. National Guard, contain Admi­ral's Row, eleven former officer's homes that were constructed between 1 864-1 90l.

At the Commission's public hearing, David Lowin, Vice Presi­dent of the Brooklyn Navy Yard Development Corporation, esti­mated that 99 percent of the current area under its management is fully leased for light industrial and com­mercial uses, adding over 4,500 jobs to the New York City area. Although specific plans for the added 34 acres have not been finalized, Lowin explained that its use would be lim­ited to light industrial.

Lowin added that a 1 986 study found several of the homes along Admiral's Row eligible for the National Register of Historic Places, but that they were deteriorated beyond rehabilitation. Ultimately, the federal government concluded that the buildings could be demol­ished if a photographic survey was completed to mitigate the demoli-

152 Volume 2 CITYLAND

tion. The Brooklyn Navy Yard Devel­opment Corporation had nonethe­less started a $2 million feasibility study to determine if any of the buildings could be saved. Initial results showed the smaller build­ings beyond repair.

Fort Greene residents and preservationists, testifying in oppo­sition to the transfer, complained that the Commission's approval was a de facto approval of the complete demolition of Admiral's Row. They proposed that the Commission place a moratorium on their demoli­tion or completely sever Admiral's Row from the proposed transfer to allow an open round of private pro­posals for their rehabilitation.

Commissioner Irwin Cantor questioned Gary Hattem, testifying in opposition for the Historic Wal­labout Association, as to whether he could organize a group to complete a study on the usability of the build­ings. Hattem claimed that a group from Pratt would donate its services if access were provided.

On September 28, 2005, the Commission unanimously approved the transfer. Responding to the discussion of Admiral's Row, the Commission noted that the federal government's earlier determina­tion that the buildings could be

demolished was sufficient and required no further study.

ULURP Process: The Depart­ment of Small Business Services, as lead agency, issued a negative dec­laration on May 1 6, 2005. Commu­nity Board 2 and Borough President Marty Markowitz approved.

CPC: Brooklyn Navy Yard (C 050463 PQK); (C 050464 PPK) (September 28, 2005). CITYADMIN

BOARD OF STANDARDS & APPEALS

Appeal

East Village, Manhattan

BSA rejects developer seek­ing a dormitory use permit

Developer planned a 19-story dormitory building without an existing school affiliation. BSA denied developer Gregg Singer's appeal from a Department of Build­ings determination rejecting Singer's application to build a 1 9-story, 222-unit student dormitory building on the site of former P.S. 64, located at 609 East 9th Street in the EastVillage. Singer had acquired the five-story, former elementary school from the City for $3.15 mil­lion at a 1 998 auction. The existing building served as a school until the

Proposed d ormitory construction rejected for site of p.s. 64, vacant since 200l. Photo: Kevin E. Schultz.

Novemb er 15, 2005

1970's, after which it housed the CHARAS/EI Bohio community cen­ter. The auction sparked three years of litigation through which CHARAS tried, but failed to regain control of the property.

The property is located in a residential zoning district (R7-2) and is subject to a deed restriction limiting it to community facility use. Singer applied to Buildings to construct a student dormitory, a permitted community facility use, but Buildings denied his applica­tion on March 21, 2005 based on Singer's failure to submit enough information to establish "an institu­tional nexus;" a showing that required an educational institution to have some control over the prop­erty evidenced by a deed or lease. Buildings required an institutional nexus to distinguish the intended student dormitory use, which is entitled to a floor area bonus up to a 6.5 FAR, from other types of housing that are restricted to an FAR of 3.44.

Singer objected to this require­ment, telling Buildings that it was illegal to deny a permit based on a supposition that the building would be used illegally in the future for res­idential use, and filed an appeal with BSA. Singer argued that Buildings lacked the power to require an insti­tutional nexus between a dormitory and an educational institution; that Buildings lacked the power to require Singer to substantiate dor­mitory use as a pre-condition to per­mit's issuance; and that Buildings was imposing a documentation requirement greater than it had imposed on other applicants.

At the August 16, 2005 BSA hearing, Buildings' Deputy General Counsel Felicia R. Miller testified that Buildings could not issue a permit based on Singer's claim that, following construction and before the certificate of occupancy, some qualified institution would emerge. Singer's attorney, Jeffrey E. Glen, argued that a "college or school stu­dent dormitory," as defined in the Zoning Resolution, does not

Novemb er 15, 2005

B S A PIPELINE

New Applications Filed with BSA - Sept. 24 - Oct. 31, 2005 APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE

VARIANCES

Vestry Acquisition 31-33 Vestry St., MN Erect 9-story res. building 297-05-BZ Fredrick A. Becker Adoo E. 102 St 428 E. 75th St., MN Legalize phys. culture est. (gym) 303-05-BZ Eric Palatnik, P.C. Douglas Brenner 26 E. 2nd St, MN Vary rear yard 313-05-BZ Sheldon Lobel, P.C. 262 Atlantic Rlty. 262 Atlantic Ave., BK Transient hotel (bulk, height) 302-05-BZ Sheldon Lobel, P.C. R. DelliGatti 10-33 Burton St., QN Vary floor area, open space, yard 291-05-BZ Joseph P. Morsellino Pafos Realty Corp. 53-03 Broadway, QN Erect 6-story bldg. (mixed use) 309-05-BZ Gerald Caliendo, RA 8888 N. Blvd. Corp. 82-24 Northern Blvd., QN Legalize phys. culture est. (gym) 312-05-BZ Sheldon Lobel, P.C. P. Pappalardo 1390 Richmond Ave., SI Erect 2-story bldg. (rest/office.) 298-05-BZ Rampulla Associates Diggy's LLC 862 Huguenot Ave., SI Enlarge bldg. (2 stories) 315-05-BZ David Businelli, AlA

SPECIAL PERMITS/OTHER ACTIONS

J. Impagliazzo 410 8th Ave., MN Phys. culture est. in C6-3X 301-05-BZ Sheldon Lobel, P.C. 342 Realty, LLC 8751 18th Ave., BK Reduce required parking 293-05-BZ Sheldon Lobel, P.C. Raymond Mouhadeb 1670 E. 23rd St., BK Enlarge single-family home 314-05-BZ Fredrick A. Becker Bernard F. Dowd 165-18/28 Hillside, QN Use portion w/funeral parlor 311-05-BZ Joseph P. Morsellino

APPEALS

Elite 29 Realty 538 W. 29th St, MN Revoke approval 292-05-A Stuart A. Klein Ezra G. Levin 5260 Sycamore Ave., BX Building in bed of mapped street 286-05-A Kramer Levin Breezy Point Co-op 47 Graham Place, QN Building in bed of mapped street 205-05-A Zygmunt Staszewski Breezy Point Co-op 9 Bayside Dr., QN Enlarge 1-family dwelling 206-05-A Gary Lenhart, R.A. Breezy Point Co-op 22 Pelham Walk, QN Building not on mapped street 283-05-A Zygmunt Staszewski 32-42 33rd St. LLC 32-42 33rd St, QN DOB permit - cell tower 287-05-A Evie Hantzopoulos Natalie Lyn, LLC Richmond Terrace, SI Building not on mapped street 208-05-A - Stadtrnauer Bailkin

282-05-A

EXTEND CONSTRUCTION PERIOD

Manuel Scharf 202-206A Beach 3 St, QN DOB permit #402190883; 306-05-BlY Stuart A. Klein 402190865 402190847; 402190856; 402190874

VIP Dev. of NY 606 Seagirt Ave., QN DOB permit #402204011 307-05-BlY Stuart A. Klein Mark Moskowitz 712/714 Seagirt Ave., QN DOB penmit #402172246; 308-05-BlY Stuart A. Klein

402172251

require proof of institutional con­trol and conditions on the manage­ment and rental of the dorm could be set later in the C of O. Glen fur­ther testified that Singer planned to run the proposed dormitory through a not-for-profit, which would lease space in the building to a variety of schools as needed.

ber Deborah J. Glick and Congress­woman Nydia Velazquez; members of Community Board 3, the East Vil­lage Community Coalition, and the adjacent condo building Christodo­ra House.

Commissioner Joel A. Miele expressed his fear that the City could be signing off on a building that could turn into a "white ele­phant" if no schools were interested in leasing it. Glen replied that it was not Buildings' role to hypothesize on whether a building built as of right would fail economically.

Several witnesses testified in opposition of the proposed dormi­tory, including Council Member Margarita Lopez, Assembly Mem-

BSA rejected Singer's argu­ments and upheld Buildings' denial of the permit application, finding that the requirement of institutional control prior to issuance of a permit was necessary in light of the com­munity facility use floor area bonus. Without some proof of an affiliation, a developer would receive a windfall. BSA also ruled that Buildings' pre­permit requirements were a reason­able exercise of its authority and were consistent with the language of the Zoning Resolution.

Since the filing of Singer's appeal, Buildings enacted a rule

Volume 2 CITYLAND 153

clarifying the requirements to establish student dormitory use. The rule, which became effective June 15, 2005, requires proof of an institutional nexus.

BSA: 609 E. 9th Street (95-05-A) (Octo­ber 18, 2005) (Jeffrey E. Glen, for Gregg Singer; Felicia R. Miller, for Buildings; Howard Zipser, for Christo dora House) . CnYADMIN

CITYLAND Comment: On October 18, 2005, the Landmarks Preserva­tion Commission calendared P.S. 64 for a designation hearing. Singer, however, had already obtained permits to demolish cer­tain parts of the building's facade and can act on those permits even if P.S. 64 is landmarked.

BOARD OF STANDARDS & APPEALS

Building Permit

Bensonhurst, Brooklyn

Bensonhurst developments win grandfathered status

Four developments exceeding wning get green light to proceed over community objection. In June 2005, the City Council rezoned 120 blocks of Bensonhurst, Brooklyn, remov­ing the ability to construct large as­of-right residential towers without any height limit along Benson­hurst's smaller residential streets. 2 CityLand 86 ( July 15, 2005) .

Four developers with projects underway timely sought BSA's approval to grandfather their devel­opment plans and allow construc­tion to proceed on buildings that violated the new down-zoning. The four projects included a 20-unit, five­story structure at 62 1 0 24th Avenue, a 12-unit, five-story development on West 1 0th Street between Quentin Road and Avenue P, a six-story mixed-use project at 6422 Bay Park­way, and a 20-unit, seven-story structure at 103 Quentin Road.

Hearings on the four applica­tions were held on September 20, 2005. The developers each submit-

154 Volume 2 CITYLAN D

ted the original permit applications, photographs, cost estimates and, in some cases, contractors' affidavits purporting to establish that the per­mits were granted and substantial progress was made on each devel­opment prior to the June 23rd enactment of the new zoning rules.

State Assemblyman William Colton, the representative for Ben­sonhurst, and Brooklyn Communi­ty Board 1 1 opposed all four appli­cations since the projects would exceed the new zoning. BSA approved all four applications, find­ing that the permits were valid and over 60 percent or more of the foun­dations were complete in each case.

BSA: 1669/71 West 10th Street ( 166-05-BIT) (October 18, 2005); BSA: 1 03 Quentin Road (l67-05-BZ¥) (October 18, 2005); BSA: 6422 Bay Parkway ( 168-05-BZ¥) (October 18, 2005); BSA: 6210-6218 24th Avenue (169-05-BZ¥) (October 1 8, 2005) . CnYADMIN

BOARD OF STANDARDS & APPEALS

Variance

SoHo, Manhattan

ProposedWest Broadway building approved at 1 1 stories

BSA -requested alternate design approved. Siba Re LP, the owner of

350 West Broadway, a 8,264-square­foot lot in SoHo between Grand and Broome Streets, proposed to expand a vacant two-story building into a ISS-foot tall, 13-story, 4 1 ,320-square-foot mixed-use building with retail and residential uses.

In support of a variance, Siba argued that the shallowness of the lot resulted in inefficient and impractical floor plates for any per­mitted commercial use. Showing that the area's typical bedrock levels are between 60 and 80 feet, Siba fur­ther argued that the 1 1 4-foot depth of bedrock under the site required additional construction costs that constituted an unnecessary hard­ship. Siba proposed to reinforce the original structure rather than demolish it because the unique soil conditions would make demolition cost-prohibitive.

Upon BSA's suggestion, Siba submitted alternate designs for a hotel and reduced-height-residen­tial projects with enlarged floor plates, which BSA believed would be more in scale with neighboring buildings. Siba's analysis deter­mined that a hotel would not be feasible because certain fixed costs associated with hotel operations would not allow for a reasonable return given the small number of hotel rooms that could be accom-

November 15, 2005

modated on the site. However, Siba determined that an 1 1 -story resi­dential/ retail building with enlarged floor plates would realize a reasonable return.

Community Board 2 recom­mended approval of the application, but requested that the first floor not be occupied by a bar or restaurant.

BSA determined that an as-of­right development would not pro­vide a reasonable return and ' approved the alternate I I -story building, finding that it would not alter the character of the neighbor­hood. BSA's approval was granted on the condition that Siba prohibit eating and drinking establishments on the first floor.

BSA: 350 West Broadway (29-05-BZ) (October 18, 2005) (Stephen J. Rizzo, for 350 West Broadway) . CrTYADMIN

BOARD OF STANDARDS & APPEALS

Variance

East Harlem, Manhattan

Harlem car wash owner withdraws application

Owner sought to legalize 'car wash, auto-lubrication station and accessory retail building. 2 1 13 First Avenue, llC, owner of two lots used for auto-related uses located at 338 East 1 09th Street in a residential dis­trict, sought a variance to legalize the existing car wash, auto-lubrication station and accessory retail building.

In its application to BSA, 2 1 13 represented that the oddly shaped lots and residential zoning made as-of-right development infeasible and that parts of the premises have been used for auto-related purpos­es for over 75 years. The developer also argued that the auto uses pro­vided an economic benefit to the neighborhood.

Manhattan Community Board 1 1 urged BSA to reject the variance, complaining that the car wash cre­ated traffic congestion, vehicles blocked access to the sidewalk, and cleaning solutions drained onto the

November 15, 2005

sidewalk and street.

On October 13 , 2005, 2 1 13 withdrew the application. The owner's attorney did not respond to CityLand when contacted.

When asked to comment on the application, BSA stated that prior to the withdrawal, 2 1 13 never presented a development analysis of an as-of-right residential project, failed to address Buildings' concern that one of the proposed uses was not permitted without a waiver, and insufficiently addressed whether the character of the neighborhood changed since the. 1950s BSA grant that authorized the construction of an existing garage building.

BSA: 338 East 1 09th Street (41 -04-BZ) (Dominick Answini, Sheldon Lobel, P.c., for 2 1 13 First Avenue, LLC) . CrTYADMIN

BOARD OF STANDARDS & APPEALS

Variance

Jamaica, Queens

BSA denies variance to allow retail in Queens

BSA rejected owner's site valua­tion and claim that buildings were of a "different era." Sutphin Boule­vard LLC, owner of three adjacent lots in a residential district totaling 24,649 sq. ft. , sought to demolish four buildings housing auto-service and auto-storage space on one of its lots and construct a one-story 12,005-square-foot retail building spanning the three lots. The site, at Sutphin Boulevard and I I I th Avenue in Queens, has contained an auto-service station since 1 93 1 under a City approval that BSA extended until 1 980. Since 1980, the service station has operated with­out approval.

In its variance application, Sutphin argued that the existing buildings were obsolete and demo­lition and remediation costs made as-of-right residential construction cost-prohibitive. Sutphin also claimed that a hardship existed

because the residentially-zoned site contained a use prohibited under the current zoning.

BSA denied the application, finding that the buildings, con­structed in 1 950, were not obsolete or "of a different era" as Sutphin argued. Since Sutphin planned to demolish the buildings, arguments based on the buildings' obsoles­cence were irrelevant. BSA also denied that either the $32,000 dem­olition cost or the one-time $340,000 remediation cost were substantial enough to create a hard­ship when a code-compliant resi­dential building would cost over $8 million to build, and questioned Sutphin's $ 1 . 1 million site valuation. Sutphin submitted comparables based on 6,000-square-foot sites while Sutphin's site was over 20,000 sq.ft. BSA also noted that it had never found hardship existed on a site solely because a site contained a non-conforming use under the current zoning.

BSA: 1 1 1 -02 Sutphin Boulevard (299-04-BZ) (October 1 8, 2005) . CrTYADMIN

BOARD OF STANDARDS & APPEALS

Variance

Mill Basin, Brooklyn

Variance approved for Mill Basin synagogue

Community opponents raised issues of parking and building height. Sephardic Center of Mill Basin pro­posed to construct a new 1 0,800 square-foot, two-story synagogue to replace its 20-year old, 6,800-square­foot synagogue on the corner of Strickland and Mill Avenues in Mill Basin, Brooklyn. As proposed, the new synagogue would exceed the permitted floor area by 5,384 sq.ft., exceed the district's permitted height by seven feet and fail to provide suf­ficient parking.

The Center claimed that the height limitation created a hardship since the synagogue needed a dou­ble-height worship area that would

Volume 2 CrTYLAND 155

Landmarks Actions Taken in Sept. - Oct. "., .. , -

FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION September 27, 2005

1234 Broadway, MN Grand Hotel Install windows 30 Rock. Plaza, MN Hanover Trust Building Install signage

.................................................................. . . .. . . ........ ........... _..... . ............... .......... ................ . . ........ . . ........................... _.

1 15 South St, MN South Street Seaport HD Install infill, signage 181 Duane St, MN Tribeca West HD

................................................. _ ..... ... . . ................ . .. ................ ........... .................. _ .... . 25 W. Houston, MN SoHo-Cast Iron HD 9 Christopher, MN Greenwich Village HD

....................................................... -

Install infill, canopy, signage . ................................. -Legalize rooftop pergola, fence

Legalize security gate 24 W. 23rd St, MN Ladies' Mile HD Legalize ftagpole 1 17 E, 69th St, MN

.. .

· ..

·

··

·

·U·pp�;·

·E��t··sid·�·

·HD ·

·

···

·· .. ··

·

.. ··

·

..

···

..

·

·

· .. ·····Ait��··�·;��;�:··i·��t�i·i"�ft

CASE

06-1679 06-1683 06-1330

APP'D

Yes W/Drn

Yes 06-1244 W/Mod 05-8476 No 05-1658 No 05-4165 No 06-0100 Yes

1-7 E. 77th St, MN Upper East Side HD Replace windows 05-8722 W/Drn .......................................... M............ .. ....... _ ........ _ ..... _ ...... M_._._ ... _ .. _ ..........

... __ ... _ ..

880 Fifth Ave., MN Upper East Side HD Master plan (air conditioners) 05-8127 Yes ......................................... .. . ..... . ...... ........... . ........................ .............

.. ....... . . ....................................... _ . ........................ ................................... ................................ .

450 Amsterdam, MN Upper West Side / CPW HD Legalize infill, security gates 05-6089 Yes 1392 Lexington, MN Carnegie Hill HD Install storefront, signage 06-1582 W/Drn 826 Manhat Ave., BK G;���p�i�t HD ...... . . ........... ·············· I��;;;li ��;::; �t�;�t;;;nt

.......... _ ...... _ .......... ........... -..

......

_--_ ..

.

05-7688 Yes 430 Grand Ave., BK Clinton Hill HD Reconstruct building 06-1689 Yes 342 Grosvenor, QN Douglaston HD Construct addition 05-8836 Yes 38-73 Douglaston, QN Douglaston HD Construct 2-story outbuilding 06-1688 Yes ....................................... ............................

.................. -

October 11, 2005

81 Mercer, MN SoHo-Cast Iron HD Legalize security gate, booth 06-0322 In Part ............................................................................... _ ..... ......... ... .............. ..

600-602 Broadway, MN SoHo-Cast Iron HD Replace sign 06-1180 Yes 116' Fifth A��:: MN - Ladies' Mile HD · i�;rt�li ii�gp�i��: b����;; 06-1667 W;D;� 710 Park Ave., MN Upper East Side HD Replace balcony enclosure 05-6730 W/Mod

. ... ..... . ... .......... .................................................................................. .......................................................................................................................... _ .......

995 Fifth Ave., MN Metropolitan Museum HD Rooftop addition, planting beds 05-4905 Yes 150 Riverside, MN West End HD i��;;;li ����rity ;;;;;;;�;;;� '05:8792 · · W;D;� -October 18, 2005

... . Ri�;;id� ·P;;;k: MN ·····

············

···Ri��;;id�·P;;·rl<, Drive

·

·······

··

I��;;;ii ��;::;·p�ih;;;�% · ···················

····

········· '06:144

0·······

·

······· ........ y�� -

253 W. 125th St, MN Apollo Theater Install finishes, signage 06-0241 Yes 5:7W;;it� St: MN· · Trib�� E��t HD L�g;;li�� �t�;�ir��t;; 05-1627 In Part 38-42 Commerce, MN Greenwich Village HD Install doors, marquee, signage 05-8077 Yes . ........ .... .. .............. ............................... ....................................................................................................

79 Fifth Ave., MN Ladies' Mile HD 35 W. 20th St., MN Ladies' Mile HD

161 E. 71st St , MN Upper East Side HD 450 Amsterdam, MN Upper West Side / CPW HD

Install infill, canopy, banners Install infill Install infill

Construct yard, roof additions

05-9035 Yes 05-5040 W/Mod

Replace storefront 05-7762 Yes 20 E. 94th St., MN Carnegie Hill HD Install railings, alter yard 05-6654 Yes

............................ ....................................... ........................................................................................................................ _

. ......................................................... .. ........

..................... _

..... .. ..

182 St. John's, BK Park Slope HD Construct yard addition 05-7212 Yes 473 14th St, BK 230 Washington, BK 164-168 Atlantic, BK October 25, 2005

Park Slope HD Alter facade 06-110.9 Yes Clinton Hill HD Legalize sidewalk 05-7612 No

... .. . ................................................................................................................................................. - ......................................... .

Cobble Hill HD Construct rooftop addition 05-6405 Yes

253 Broadway, MN Home Ufe Insurance Bldg. Replace windows 06-2341 Yes W/Drn W/Mod Yes

.. . . . ... ........... . ............ . .. ... ... ........ .............................. .......................... ..................................... ........................................................................

237 W. 51st St., MN Mark HeliingerTheater Replace marquee 06-0881 6 Wooster St, MN

515 Broadway, MN 35 E. 68th St., MN 39 E. 75th St., MN 61 E. 77th St., MN 29 W. 75th St, MN

SoHo-Cast Iron HD Install infill, door, light; Modify use 02-2639; 02-5868

SoHo-Cast Iron HD Legalize infill 06-2321 ....................................... _ . ..................................................................................

.................................... _ ..... .. ..

Upper East Side HD Demolish & construct addition 06-2352 Upper East Side HD Alter areaway 06-1393 Upper East Side HD Alter areaway 05-4205 Upper West Side / CPW HD Reconstruct stoop 05-7326

W/Mod Yes

W/Drn Yes

W/Drn 120 W. 86th St, MN Upper West Side / CPW HD Rooftop addition, new cornice 06-1735 Yes

.......

. . ................ . ..................................................

......

... ........ _

..... .. .....

...............

.... _ ..... . ..........

_ .................... .. 962 Madison Ave., MN Upper East Side HD Legalize gate, awnings

....................................................................................................... ...

988 Fifth Ave., MN Metropolitan Museum HD Construct rooftop addition 5 E. 81st St., MN Metropolitan Museum HD Construct yard addition 1080 Fifth A��., MN - C�;���� HiiI HD Construct addition

04-6224 W/Mod 06-0199 W/Mod Pend. 05-0168 06-1794

Yes Yes

1 145 Park Ave. , MN Camegie Hill HD Rooftop, yard additions 06-0777 Yes 405 Pacific St., BK 160 Bond St., BK

ii��;�;;; Hiii HD C���tr�ct ;��; y;;;d �d-di��� '06-0935 W;D;� Boerum Hill HD Legalize entrance door 05-8723 No

156 Volume 2 CITYLAN D

allow the men o n the lower level and the women on the upper level to view the rabbi from segregated pray­ing areas, The Center also claimed that it needed additional space for segregated immersion pools, sepa­rate dairy and meat kitchens, private offices and a large events space.

BSA requested that the Center consider lowering the cellar floor to reduce the building's height while still preserving the needed segregated praying areas. In response, the Center argued that the water table would not accommodate a lower cellar .

Community Board 1 8 and sev­eral local residents opposed, citing parking concerns during large events. The Center submitted data to show that 78% of congregants regularly walk to services.

BSA approved the new facility on condition that the Center not use its sanctuary spaces and multi­purpose room simultaneously, which would bring the total occu­pancy to over 1 , 140 people.

BSA: 6208-62 1 6 Strickland Avenue (326-04-BZ) (October 1 8, 2005) (Fredrick A. Becker, for Center) . CrTYADMIN

LANDMARKS PRESERVATION

COMMISSION

Designation Hearing

Greenwich Village, M anhattan

Landmarks holds hearing on Far West Village District

Supporters urged more inclusive designation. On October 18, 2005, Landmarks held a hearing on the pro­posed expansion of the Greenwich Village Historic District and creation of a new historic district along Wee­hawken and West Streets in Manhat­tan. As proposed, the Greenwich VIl­lage Historic District Extension would add 36 buildings within the three­block area bounded by Perry, Wash­ington, Christopher and Greenwich Streets. The newly proposed Wee­hawken Street Historic District would encompass 14 commercial and resi­dential buildings along the block

November 15, 2005

bounded by Weehawken, West, Christopher and West 10th Streets.

At the Landmarks hearing, Assemblywoman Deborah J. Glick spoke in support of the designations, but requested the expansion of the districts to include more structures on Charles Street and the Superior Ink factory at 70 Bethune Street. Glick emphasized that Landmarks should act quickly to halt the "gold rush" into the West Village by developers.

Andrew Berman, of the Green­wich Village Society for Historic Preser­vation

' explained that the community

had been advocating for almost 40 years for an extended historic district. Berman asked for the addition of 389 West 12th Street, noting that it is the oldest industrial building along the Greenwich Village Waterfront and is in jeopardy of demolition.

Both the Superior Ink factory and the 389 West 12th Street factory are proposed for demolition and rede­velopment. Approval of the proposal to replace the Superior Ink factory with a large residential development is currently pending before BSA

The Historic Districts Council, the Society for Architecture of the City. and the Municipal Art Society also

spoke in favor of the designations. Landmarks will hold a second

public hearing on the proposed designations in D ecember.

LPC: Greenwich Village Historic Dis­trict (LP-2 184) (October 18, 2005); Wee­hawken Historic District (LP-2 1 83) (October 18, 2005). CrTYADMIN

LANDMARKS PRESERVATION

COMMISSION

Certificate of Appropriateness

Trlbeca, Manhattan

Former stable in Tribeca to get rooftop addition

New residential units planned for Hudson Street Building. Peter Moore Associates applied to Land­marks to convert the former Ameri­can Express Building at 157 Hudson Street in the Tribeca North Historic District to residential units and to construct a three-story metal and glass rooftop addition. Moore's pro­posal included plans to renovate the facade of the 1 866 Renaissance Revival style building, which had originally served as American Express' stable when it operated an express delivery service. More recently, the building housed various nightclubs, but now it sits vacant.

At the original hearing, Land­marks expressed concern over the three-story height and visibility of the addition. After Moore reduced the addition's height to two stories, Landmarks approved, finding that the addition would be minimally visible from the street and would not diminish the architectural and his­torical character of the building or the historic district. Landmarks also

LAN D M A R K S PIPE LINE

NAME

P.S. 64

Designlltions - October

ADDRESS AcnON DATE

605 E. 9th St., MN Calendared 10/ 18/2005 ............................................................ .................................... . .............................. _. . ....... ,_ .. , ... _. __ .. _.... . ............. " ........ -........ . ... __ .......•....••.....••...••.....••. _ ........................... .

l_ ::St�.�e.w�:�a!rt ... � .. �&� .. �C:�o.: . .. �.:��:: .. __ ._ .... _ ........... _ ... _ ....... :4�.:::0:::2.-.. 4.::.0:4.: ... 5:.th�::.::::.�:.: .. :M:.::N: ....... _ ...... _ .. _ ............... _........ ;H;ear?.... . . . ................ .... _ ... _ .. _.�.�L1.�(_2.?��_ ... _

..... 2. .. �.� .. ��::, �.�_. .......... _. _ .. . _ _ _ _._ ._ ...... _.�.��rd_. _ _ . . _ _ . _ . ._ . ��t!.�!.3.�9.�. _ _ .. .

2 Park Avenue ................................. -

Weehawken St HD Manhattan ...... " - "'''--''''''''-'' ............. _ ....... _ ... - ....................... -..... -

Greenwich Village HD Manhattan

November 15, 2005

Heard Heard

l°(��Eo.o.�_ 10/18/2005

approved the change of use applica­tion, allowing Moore's planned resi­dential conversion to proceed to the Planning Commission for approval.

LPC: 157 Hudson Street (COFA# 06-2 138) (September 26, 2005). CrTYADMIN

COURT DECISIONS

Buildings

Yorkville, Manhattan

Building owner faulted for not clearing vacate order

Rent-stabilized tenant had been forcibly removed from apartment after structural weakness was discovered. After receiving complaints that 223 East 96th Street was shaking, an HPD inspector observed cracks in the rear wall caused by construction taking place on the building next door. In August 2004, the Department of Buildings determined that the build­ing was unsafe and issued a vacate order. Police and firefighters forcibly removed Thelma Farrell, an 8 1 -year­old, rent -stabilized tenant from her rear apartment and took her to Lenox Hill Hospital. Later, Farrell was trans­ferred to a nursing home where, as of October 2005, she still remained.

Farrell sued the owner of the building, E.GA. Associates, Inc., to compel it to correct any outstand­ing violations and take the neces­sary steps for Buildings to rescind the vacate order. At trial, a Buildings inspector testified that the con­struction company working next door had shored up the rear wall with beams, and all that was required for Buildings to rescind the vacate order was for E.GA. to sub­mit an engineer's report attesting to the stabilization and for Buildings to make a final inspection. E.GA. countered that it was economically infeasible for it to rehabilitate the building and that it would cost more than the building was worth.

On October 4, 2005, Judge Gerald Lebovits ordered E.GA. to correct any outstanding violations within 24 hours of receiving the

Volume 2 CITYLAND 157

.• -,�� cnYADMIN court order and insure that Build­ings rescind the vacate order. Judge Lebovits ruled that stabilization of the structure, not rehabilitation, was required to rescind the order and that E.G.A.'s testimony on costs of rehabilitating the building was irrelevant. The court conclud­ed that E.G.A. was erecting road­blocks to prevent Farrell and other rent-regulated tenants from returning to their homes.

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b AGENCY NUMBER OF YEARS NAME DECISIONS AVAIlABLE

BSA 1 ,713 2002·Present

tJ Council 1,022 2002·Present CPC 472 2003·Present

II DOB 61 1999·Present Landmarks 1 , 1 18 2003·Present Loft Board 1,239 1996·Present

tl CITYADMI'J indicates a decision is available at citylaw.org • _0 •• _0 •• ...... -........ -.. � ._ .. _ .... , .. -...•..... . ........ _ ....... _ ... _. __ ........ _ .... __ ...... .............. -

Infonnation on the website is provided free with support of. Manatt, Phelps & Phillips, LLP

Farrell v. EGA Assoc., Inc. , 9 Misc. 3d I l 18(A), Oct. 4, 2005 (N.Y.City Civ.Ct.) (Levovits, J.) (Attorneys: Rita 1. Tartaglia, for Farrell; Jason S. Garber, for EGA).

-

---223 E. 96th St. building with partial vacate ord er. Photo: Kevin E. Schultz.

The Community Trust Gifford Miller, Speaker, New York City Council Weil, Gotshal & Manges LLC Gibson, Dunn & Crutcher Charles H. Revson Foundation

New Decisions Added to www. citylaw.org - October 2005*

RES. NOS. PROIEcr 1200·1201 Staten Island Comm. Overlay, SI

1202 Morris Park Rezoning, BX ... _ ... _ .. _ .... _ ... _ ... _ ... _ .. __ .. ... _._--_ .. _ ... _ ........ _ ... _ ... _ ... _ ... _ ....... _ ........ _ ........ _ ... _ .. __ ... _-

1203 1204 1205 1206

1207 1208

Jamaica Ave. School, QN Burke Plaza, BX 254 E. 125th St, MN Far West Village Rezoning, MN

... .......................... . . ................. ..................... ........ _ ...... -E. 1 76th St. Rezoning, BX

........... -....... _ .. _ .. _ ... _ .................. _ .... _ ...... .

81 W. 172nd St, BX 1209 106-03 Metropolitan Ave., QN

.......... ........ ... .................... ...................... _.......... . ............................... .

1210 801 Neill Ave., BX t1211 Ocean Dreams, BK

CITY COUNCIL

DESCRIPTlON

Zoning map change (eliminate commercial overlay) Zoning map amendment

.... _ ...... _ ....... _ ........ _ ... _ ... __ .. _ ... _ .... _ ...... ..

Site plan approval .. _ .... _._._ ..... __ .-.... __ .. _-... _ .. ............ _ .....•. _ ... _ ... _ ..

UDAAP by HPD (40 units) .................... _ ... -.... _ ... _ ... -

UDAAP by HPD (1 lot) Zoning map change

..... ....... _ ... _.............. . ....................................... -.................... _ ....... .

Zoning map amendment (M l·2 to R7·1) .................... _ .... _._ ... __ ........ _ .... _ . .... .................... _ ....... _ .. _ ....... ..

UDAAP by HPD (1 lot)

DAlE 10/1 1/2005

10/1 1/2005 10/1 1/2005 10/1 1/2005 10/1 1/2005 10/1 1/2005

10/1 1/2005 10/1 1/2005

Sidewalk cafe 10/1 1/2005 .................................... . ........... ........ ...................... ................................................................................ . ............................................................ .

Withdraw housing finance application 10/1 1/2005 Zoning map change (for 313·unit building) 10/1 1/2005

..... __ ._ ... _ ... _ ... _ .... _ .. _ .. _ .. _ .. _ ..... _ ... _ ................... _._._._-_ .. _ .. _._--_ ... _ ........ _ .. _ ... _ . . _ ... __ ..... _ ... -... _ .... _ ....... _ ... ..... _ .. _ .. _ ... _ ...... - ...... _ ....... _ ......... _--_ .... _ ..... _ ... _ ..

1212 Riverdale·on·the·Hudson, BX 1226

1227 1228

Jamaica Savings Bank, QN

Greenpoint Historic District, BK ....... _ .. _ .... _ ... _ ..... __ . ...... -....... _ ..... _ .. _ ..... , .. _._ .. -... _ .. _.-.-,

Ritz Tower, MN 1229 Church of the Transfiguration, MN 1230·1231 Dekalb Ave. Rezoning, BK

Zoning map amendment (Rl·2 to Rl·1) 10/1 1/2005 Disapprove landmark designation 10/27/2005

Landmark historic district designation 10/27/2005 Landmark designation 10/27/2005 Landmark designation 10/27/2005

.......... _ .... _ ....... _ ........ _--_ ....... __ . ... _ ........ __ .... _-_ .. _ .... _ ... _- .... _ .. -.... _. __ .. __ ._._ .. _. __ .. _._ ... _---_ ...... _-_ .. _._ .. _._ .... _ ... _. __ .. _ ... _ ... .

Zoning map amendment (M1·5 to R6); remove restrictive declaration 10/27/2005 .................................. .. ................ _ .................. _ .. __ ._ ..... .............................. _.-.. _ .. -.-...... -..... _ .. _ .... .

1232 37·01 30th Ave., QN 1233

1234

1235 1236

PROIEcr NAME Far West Village

Plaza Hotel interiors 113 7th Ave. S., MN H. Harding Expwy. Rezon., QN Staten Island Comm. Overlay, SI

DESCRIPTlON

Zoning map amendment

Sidewalk cafe Landmar1< designation Disapprove sidewalk cafe Map amendment (legalize comm. use) Zoning map change (eliminate commercial overlay)

CITY PLANNING COMMISSION

lOCAnON

MN 2 UWRP '

C060oo6ZMM

10/27/2005 10/27/2005

10/27/2005

10/27/2005 10/27/2005

DATE 9/26/2005

... , ............................. _ ......... , .. __ .. .................................................... _ ......... -._ ........... .

Riverdale·on·the·Hudson Zoning map amendment (Rl·2 to Rl·l) C050480ZMX 9/26/2005 ..... . .. . ....... -. .......................... _._ ................ _ ... _ ... _-_._ .. -_ .... -

BX 8 BX 1 1

............... _ ... _ .... -........ _ ... __ .... _._ .... - .............. _ ... _ ... _._ . ......................... _ ... _ ...... _ ....... _ ........ .

Morris Park 465 Broadway Ritz Tower Landmark Church of the Transfiguration Greenpoint Historic District Brooklyn Navy Yard

amendment C050442ZMX 9/26/2005 Special penn it (90·space garage) MN 2 C050220ZSM 9/28/2005 Report to council on designation MN 5 N030197HKM 9/28/2005

............... _ .. _ ... _ .............. _ ... _ ...... _ ..... _ ........... -._ ... --_ ... _ .......... -.. -.- ...... _._._ ... _ .... _ ... _--_ ....... _-_._ .. ..... -... _ .. _ ... _ ... -.... _ ... _ .... _ ......... _ .... _ .... _ ... _ ..... _ ..... . _ ........ _ ...... _ ... _ ... __ .... _. __ ................. _ .... _ .. _ .... _._ ......... -

Report to council on designation MN 5 N060072HKM 9/28/2005 Report to council on designation BK 1 Acquisition/disposition of property BK 2

N830234AHKK C050464PPK; C050463PQK

9/28/2005 9/28/2005

Myrtle Avenue Apartments UDAAP by HPD (33 low·income units) BK 3 C050503HAK 9/28/2005 . . ..................... _ .. -............. _ .... . .. ......... _ ....... -....... .............................. " ... --_ ....... _. .. ......... ............ . ... ..................... .......... _ ...... _ .... - ...... . ............................. __ .... -

Horace Harding Expwy. Rezoning Zoning Map Amendment (R3·2 to C2·3) QN 7 C050190ZMQ 9/28/2005 .................. _-_ ..... _ ... __ ...... .. ...... _..... .. .............. -•............ _ .... -........ _ ........ ............ _ ...... __ ... _-_ .. _ .. _ .. --.. .._ ... _ .... _ .. _ .. _ .... __ ...... _ .......... _ ... _ .. _._ ..... -..... . ......... _._ .... _ ... -.. __ .. _ ... -... --_ .. _._-_ ........ __ .... _-

NYPD Auto Crime Office Space Notice of intent to acquire property QN 7 N060100PXQ 9/28/2005 NYPD ueens Narcotics Office Notice of intent to acquire office space N 7 N060099PX 9/28 2005

'Bold indicates the decision is covered in this issue. The symbol t indicates that the decision was covered in a previous issue.

158 Volume 2 CITYLAND November 15. 2005

ADDRESS

ADDRESS

647 Fifth Ave., MN

DESCRIPTION

Extend special permit term (gym)

BOARD OF STANDARDS & APPEALS

ACTION

App'd

LANDMARKS PRESERVATION COMMISSION

LANDMARK/HISTORIC DISTRICT DESCRIPTION

CERTIFICATE OF APPROPRIATENESS

George W. Vanderbilt Res.

CASE NO. REPRESENTATIVE

CASE APP'D ISSUED

06-2546 Yes

OWNER SITE GROSS FlOOR AREA (SQ. FT.) STORIES/HT.

'Bold indicates the decision is covered in this issue. The symbol t indicates that the decision was covered in a previous issue.

November 15, 2005 Volume 2 CITYLAN D 159

U P C O M I N G E V E N T S

CITYLAW BREAKFAST SERIES 2005-2006

TUESDAY, NOVEMBER 22, 2005

The Honorable Sheldon Silver Speaker, New York State Assembly

"Issues in the Upcoming Legislative Session"

Breakfasts begin at 8: 1 5 a.m. at New York Law School, 47 Worth Street, New York, New York. There is no charge for the CityLaw Breakfast Series, but please reserve a seat at www.citylaw.org or by phone at 2 1 2-43 1 -2 1 15.

The Center for New York City Law

New York Law School

4 7 Worth Street

New York NY 1 0013-2960

CITYLAND W W W . C I T Y L A W . O R G NllllPIAtoOL