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SEPTEMBER 15, 2005 center for city law VOLUME 2, NUMBER 8

Highlights CITY COUNCIL Enrique Norten’s glass lofts . . . . .113 goes green . . . .115 Housing for mentally-ill ...... 116

CITY PLANNING COMMISSION Sanitation garage gets lease . . . .116 Residential tower in Tribeca . . .118 Controversial parking garage . .119

BOARD OF STANDARDS & APPEALS Developer fails to beat clock . . . .120 Variance for DeNiro Hotel . . . . .120 Enrique Norten’s design of One York Street Condominium. Printed with permission of TEN Arquitec- tos; JANI Real Estate, LLC; dbox. Former SRO gets exemption . . . .121 2 homes on SI lot OK’d ...... 121 CITY COUNCIL Americas, St. John’s Lane, and More height for circus school . . .122 Canal, Laight and York Streets. It Art school to expand ...... 122 Text Amendment/Special Permit currently contains two six-story buildings with commercial and res- Extra floor for Chelsea bldg. . . . .123 Tribeca, idential use. The smaller building LANDMARKS Glass tower to rise above will be demolished and the second Tribeca building six-story structure will be enlarged UES addition not legal ...... 123 and converted into 43 loft dwellings, Phone tower relocated ...... 124 Enrique Norten-designed 12- 6,000 sq.ft. of commercial and retail Historic tea rooms to go ...... 124 story condo building will feature 6 use on the ground floor, 14,000 sq. Neon sign too loud ...... 125 stories of glass penthouses. The City ft. of community facility space, and Council approved a text amend- a fully automated 47-space accesso- COURT DECISIONS ment and special permits to allow ry parking garage. In total, the pro- the enlargement and conversion to posed building will rise to 12 stories 7-year C of O delay ...... 125 loft dwellings of an existing building amounting to 150 feet in height and located at One York Street in Man- 122,000 sq.ft. One of the current CHARTS hattan. The approved text amend- tenants, the Chinese American DCP Pipeline ...... 117 ment establishes a new special per- Planning Council, a not-for-profit ULURP Pipeline ...... 119 mit to allow loft buildings to be organization providing social serv- enlarged up to a 5 FAR within the ices to Asian Americans, will occupy BSA Pipeline ...... 121 Tribeca Mixed Use District. The the new community facility space. Landmarks Pipeline ...... 124 development also required special The new building, designed by Landmarks Actions ...... 124 permits to allow community facility Mexican architect Enrique Norten, Citylaw.org New Decisions . . . . .126 space and parking. features a hybrid design melding a The 15,360 square-foot project transparent glass tower on top of site is bounded by Avenue of the the existing indus- (cont’d on page 115)

September 15, 2005 Volume 2 CITYLAND 113 COMMENTARY

Large, new developments approved for the three corners of the Tribeca Triangle This issue of CITYLAND features approvals for new construction at the periphery of Tribeca, once again demonstrating the economic powerhouse that this former food and market area has become.

At the northwest point of the Tribeca triangle, an Enrique Norten-designed 12-story condominium will rise with glass walls giving superb views of the surrounding city. The development site lies at the busy exit of the Hol- land Tunnel and is bordered by the regularly gridlocked intersection of Canal Street and Avenue of the Americas. This congested location would hardly have been considered for a chic condo project years ago, but its nearby neighbors have proven how pleasant the area can be for residential development, as well as how marketable Tribeca locations are.

At the Tribeca triangle’s polar opposite point where Murray and Warren Street meet West Street, Edward J. Minskoff Equities will build a 815,000-square-foot mixed residential/commercial development on what had long been a City-owned surface parking lot. The tower, just north of DC 37's headquarters, will rise 32-stories, and contain 402 condominiums.

Several blocks below the northern tip of the Tribeca triangle, at 377 Greenwich Street, Robert DeNiro and his partners have obtained BSA approval to construct a seven-story luxury hotel that they had long sought to build. To construct the hotel the developers had to obtain permission from the Landmarks Preservation Commission which was granted in 2004. The site lies within the Tribeca West Historic District.

We at New York Law School feel a little smug about all of this. New York Law School came to Tribeca in the early1960s and owns two-thirds of a city block along Worth Street between Church Street and West Broadway for our school and its students. We old timers welcome the new comers to the neighborhood with enthusiasm.

Ross Sandler

CITYLAND

Ross Sandler Robert Merola Michele M. Herrmann ’06 Executive Editor and Director, Design Director Research Assistant The Center expresses appreciation to the individu- Center for Law als and foundations supporting the Center and its Angelina Martinez-Rubio ’04 work: The Steven and Sheila Aresty Foundation, Melanie Cash ’02 Kevin Schultz ’05 Associate Director Fellows in New York City Law The Robert Sterling Clark Foundation, Fund For the City of New York, The Horace W. Goldsmith

Molly Brennan Jeffrey Ocasio Foundation, The Murray Goodgold Foundation, Editor, CityLand Web Master Jerry Gottesman, The Marc Haas Foundations, The CITYLAND ADVISORY BOARD New York Community Trust, The Prospect Hill Foundation, and The Revson Foundation. Kent Barwick Howard Goldman Frank Munger Andrew Berman David Karnovsky Carol E. Rosenthal CITYLAN D (ISSN 1551-711X) is published 11 times Albert K. Butzel Ross Moskowitz ’84 Paul D. Selver a year by the Center for New York City Law at New York Law School, 57 Worth St., New York City, New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mail: [email protected], website: www.city- Stanley S. Shuman, Michael D. Hess Norman Redlich law.org © Center for New York City Law, 2004. All Chair rights reserved. Printed on recycled paper. Maps Lawrence S. Huntington ’64 Joseph B. Rose CITYLAND Arthur N. Abbey ’59 William F. Kuntz II Rose Luttan Rubin presented in are from Map-PLUTO Harold Baer, Jr. copyrighted by the New York City Department of Eric Lane Frederick P. Schaffer David R. Baker City Planning. City Landmarks and Historic Dis- Randy M. Mastro Frederick A.O. Schwarz, Jr. Edward N. Costikyan tricts printed with permission of New York City Richard Matasar Paul A. Crotty O. Peter Sherwood Landmarks Preservation Commission. Robert J. McGuire Richard J. Davis Edward Wallace Francis McArdle Richard M. Weinberg POSTMASTER: Send address changes to Fernando Ferrer CITYLAND Michael B. Gerrard John D. McMahon ’76 Peter L. Zimroth , 57 Worth Street, New York, New York Judah Gribetz Thomas L. McMahon ’83 James D. Zirin 10013-2960. Periodicals postage paid at New York, New York. Kathleen Grimm ’80 Steven M. Polan

114 Volume 2 CITYLAND September 15, 2005 trial-style loft building. The top six floors will be glass penthouses with 360-degree views of the Manhattan skyline. A resident parking garage will use innovative technology to park vehicles through a fully auto- mated system, allowing residents to retrieve their cars either from a computer terminal at the garage or from their loft dwelling. Construc- tion is projected to be finished in early 2007. No opposition appeared at the August 15, 2005 hearing before the Subcommittee on Zoning and Fran- chises. The Subcommittee unani- mously approved and referred the project to the full Land Use Commit- tee, which approved on August 16, 2005. The full Council approved at the Heliostats on top of the Verdesian, 211 North End Avenue, Manhattan. Photo: Kevin E. Schultz. stated meeting on August 17, 2005.

ULURP Process: On March 28, Council: One York Street (August 17, North End Avenue. The heliostats will 2005, the Planning Commission, as 2005); CPC: One York Street (N 050281 help minimize the shadow impact on lead agency, issued a negative dec- ZRM – text amendment); (C 050282 the adjacent, soon-to-be-opened laration with the condition that One ZSM – conversion to loft dwellings); (C Teardrop Park South, which sits in York prepare and submit to DEP a 050283 ZSM – increase bulk); (C 050284 the shadow of three skyscrapers, hazardous material sampling pro- ZSM – community facility use); (C including the Verdesian. The com- tocol. Community Board 1 approved 050285 ZSM – accessory parking) (July puterized heliostats will track the on April 19, 2005 on condition that: 13, 2005). CITYADMIN movement of the sun, capture the Buildings appoints a construction light and redirect it down to the park, coordinator to monitor neighbor- CITY COUNCIL creating circles of light that can be hood construction; One York aimed at different spots as needed. employs a neighborhood construc- On August 15, 2005, the Sub- Text Amendment tion liaison to address community committee on Zoning and Fran- concerns; the Planning Department Battery Park City, Manhattan chises approved and referred the evaluates the project’s 150-foot Zoning change to allow wind application to the full Land Use building height in light of the turbines and heliostats Committee, which approved on Department’s contemplated rezon- August 16, 2005. The full Council ing of the area to a 120-foot height Computerized heliostats will approved at the August 17, 2005 limit; One York restricts the parking redirect sunlight from top of new stated meeting. to residents; and One York works green highrise down to Teardrop Approval Process: with the Community Board if the Park South. The City Council Park City Authority, as lead agency, Chinese American Planning Coun- approved a text amendment that issued a negative declaration on cil does not occupy the community allows for a new class of permitted January 11, 2005. Manhattan’s Com- facility space. Borough President C. rooftop obstructions on residential munity Board 1 recommended Virginia Fields recommended buildings in the Special Battery Park approval of the text amendment by approval on May 4, 2005. City District in Manhattan: wind a vote of 33 to 1 on May 17, 2005. On May 25, 2005, the Commis- turbines and heliostats, which are Manhattan Borough President C. sion held a public hearing at which mirrors that redirect sunlight to Virginia Fields did not comment on no one spoke in opposition. The spaces cast in shadow. the application. Commission unanimously approved The Battery Park City Authority At the June 22, 2005 hearing on July 13, 2005, noting that the res- has invested $355,000 to install three before the Planning Commission, idential character of the neighbor- heliostats, eight feet in diameter, on there were no speakers in opposi- hood would benefit from the the roof of the Verdesian, a new 24- tion. In support of the application, responsive and innovative architec- story green residential highrise cur- the attorney representing the ture of the building. rently under construction at 211 Authority explained that the

September 15, 2005 Volume 2 CITYLAND 115 amendment would enable the ties, will manage the project. The B M T J J AM A IC Authority to incorporate environ- project will provide transitional A mentally responsive technologies housing to mentally-ill patients PENN within Battery Park City and would who have shown the ability to live

H A R R maximize the potential of Teardrop within the community yet are in IS E O EDG N TL Park South. need of supportive services to com- RU The Planning Commission plete the transition. Patients will unanimously approved the amend- stay within the facility for 18 to 24 HEYWARD ment on July 27, 2005, finding that months and PSCH will provide edu- M A R C CH Y the proposed heliostats would cational, vocational and medical LYN advance the environmental objec- services on site. Site of controversial Sanitation garage in tives of Battery Park City, blend in Prior to the Planning Commis- Williamsburg, . with other permitted rooftop sion’s approval on July 27, 2005, obstructions, and promote environ- PSCH agreed that evening security CITY PLANNING COMMISSION mentally responsive development guards would be provided and a in Battery Park City. community advisory task force Acquisition would be formed to address ongo- Williamsburg, Brooklyn Council: Battery Park City Authority ing community concerns with the (August 17, 2005); CPC: Battery Park City transitional housing project. PSCH Sanitation lease limited Authority (N 050417 ZRM – text amend- to 2 years ment) (July 27, 2005). CITYADMIN also committed to completing out- reach and sensitivity training with Controversial garage given the NYPD since training had proven short-term lease by Commission frus- CITY COUNCIL helpful with PSCH’s housing facility trated with garage’s continued prob- in Greenpoint, Brooklyn. lems. The Department of Sanitation UDAAP City Council’s Subcommittee sought approval for the continued East New York, Brooklyn on Planning, Dispositions and Con- operation of its Brooklyn District 3 cessions approved HPD’s applica- Garage at 306 Rutledge Street in the Housing for mentally-ill tion on August 15, 2005, sending it Williamsburg section of Brooklyn. approved to the Land Use Committee and the Sanitation has operated this garage full Council, which both approved. under a long-term lease with the pri- HPD obtains approval for four- ULURP Process: HPD, as lead vate owner since 1945. Even though story housing project with 19 studio agency, issued a negative declara- it is located in Brooklyn’s Communi- apartments. On August 17, 2005, the tion on March 7, 2003. Community ty District 1, the garage primarily City Council approved HPD’s appli- Board 5 approved, requesting that serves adjacent District 3. With its cation for the construction of a community members be part of a last lease, granted in 1998, the City four-story, low-income housing project advisory board established Council limited approval to seven project for the mentally ill on four to deal with potential project prob- years and required bi-annual status vacant lots in East New York, Brook- lems. Borough President Marty reports on the potential relocation of lyn. The 7,600-square-foot site, Markowitz approved. Following a the garage as a consequence of resi- comprised of four lots at 433 – 441 hearing on July 13, 2005, the Plan- dents’ persistent complaints of DeWitt Avenue at Malta Street, is ning Commission voted to approve, trucks parked on neighborhood located on a residential block, con- finding that the return of the lots to sidewalks and within on-street park- taining other HPD projects, private- private use would eliminate blight ing, and of noise, odor and rodents. ly-owned residences and a few in the neighborhood. In 2001, Sanitation received City vacant City-owned lots. The pro- approval for a garage on Nostrand posal, a 13,440-square-foot building Council: PSCH Dewitt Residence Avenue to replace the Rutledge Street with 19 studio apartments, was (August 17, 2005); CPC: PSCH Dewitt facility, but litigation stalled its con- approved in 2004 by the Planning Residence (C 050383 HAK – UDAAP des- struction. When constructed, the new ignation) (July 27, 2005). CITYADMIN Commission, but HPD withdrew garage would be located in and serve the application prior to the City Brooklyn’s Community District 3. Council’s vote. HPD re-applied for Did you know? At the June 22, 2005 public development approval in 2005. New York City’s biggest park is Pelham hearing before the Commission, PSCH Inc., a not-for-profit cor- Bay Park in , which covers Sanitation admitted that the Rut- poration that provides health care, 2,765 acres. ledge Street garage was over capaci- rehabilitative services, job training Manhattan’s , with 843 ty and explained that measures had and housing to persons with devel- acres, is the fifth largest. been taken to reduce congestion opmental and psychiatric disabili- and parking problems at the site.

116 Volume 2 CITYLAND September 15, 2005 Ten trucks had been relocated to CITY PLANNING PIPELINE the Community District 1 garage at 535 Johnson Avenue and seven mechanical brooms used by the New Applications Filed with DCP - Aug. 1 - Aug. 31, 2005 garage would be cleaned at a differ- APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE ent facility. Sanitation explained ZONING TEXT AND MAP AMENDMENTS that the City’s title had vested in the W. 60th St. W. 60th St. Project, MN Rezone for 29-story bldg.; 060104ZMM; Kramer Levin Nostrand Avenue site and estimat- Waive open space rules; Spec. 060103ZRY; permits - 281-space parking garage 060105ZRM; ed construction to begin in 2006. & setback, yard, open space 060106ZRM Community Board 1, nonethe- DCP Hudson Yards, MN 18 text changes to rezoning 060046ZRM DCP less, demanded that the garage be Related Retail BJ's Warehouse - Rezone for 130,000 s.f. BJ's; 060085ZMX; Jesse Masyr closed permanently due to the con- 900 Brush Ave., BX Spec. permit for large retail 060086ZSX tinued parking problems, odor, DCP Olinville Area, BX Rezone 36-block area; 060084ZMX; DCP Create new citywide R5A dist. 060083ZRY noise and the significant aggrava- DCP Village of Baychester, BX Rezone 5 blocks (R3-2, R6 to R3A) 060108ZMX DCP tion to the surrounding residents. DCP Bush Ave. Rezoning, BX Rezone 3 blocks (R4 to R4A) 060109ZMX DCP The Commission expressed concern over the garage’s deficient DCP Woodlawn Area, BX Rezone 19 blocks 060110ZMX DCP DCP S. Park Slope Rezoning, BK Rezone 50 blocks; Apply inclus. 060054ZMK; DCP size, its failure to primarily serve housing to R8A dist. 060053ZRK Williamsburg, the continued resi- Ceasar's Bay Knapp St., 2713 Knapp, BK Construct 20 residential bldgs.; 060068ZMK; Cozen O'Conner dential disruption and its poor loca- Shop. Center Spec. permit for bulk; Cert. to 060069ZSK; modify vis. cooridors, private rd. 060070ZAK; tion adjacent to an established resi- 060071ZAK dentially-zoned neighborhood. The DCP Whitestone, QN Rezone (comm.overlays) 060055ZMQ DCP Commission, however, recognized DCP Castleton Rezoning, SI Rezone 6 blocks 060061ZMR DCP that the City’s need for the facility DCP New Dorp Lane Rezon., SI Rezone 8 blocks 060062ZMR DCP remained and approved a short, DCP Arthur Kills Rd., SI Rezone 3-block comm. area 060063ZMR DCP two-year lease on August 8, 2005. DCP Lower Density Comm., SI Amend text in C1, C2 & C4 dist. 060055ZRR DCP ULURP Process: Sanitation, as SPECIAL PERMITS/OTHER ACTIONS lead agency, determined that the Bel Canto Condo 1991 Broadway, MN Improve public plaza 790651EZSM Bel Canto Condo garage’s continued use required no Cornell Univ. Cornell Med. Center, MN Modification for bldg. addition 840900GZSM Kramer Levin further environmental review. At Community Board 1’s public 145 Hud. Assoc. Hudson Sq. Bldg., MN Spec. permit to amend declaration 990488BZSM Friedman Gotbaum hearing, residents criticized Sanita- First Wooster LLC 149 Wooster St., MN Spec. permit for joint living qtrs. 060107ZSM DeCampo Diamond tion for blocking fire hydrants, park- 27 W. 19th St. 27 W. 19th St., MN Spec. permit for res. bldg. 060107ZSM Kramer Levin ing and washing trucks on sidewalks, CB 9 197-A Plan, MN 197-A Plan to preserve low-cost 060047NPM; CB 9 obstructing school buses and occu- housing 060067NPM pying needed on-street parking. CB 8 Queensboro Bridge, MN 197-A Plan for waterfront plan 060096NPM CB 8 Other complaints included truck 44th St. Dev. LLC 306 E. 44th St., MN Permit for public parking garage 060050CMM Kramer Levin noise, ineffective rodent control and LPC Ritz Tower, MN Report to Council on modification 030197AHKM LPC offensive odors. The Board voted to LPC Church of Transfig., MN Report to Council on modification 060072HKM LPC disapprove by 36 to 0, stressing that Unigroup Hotel 326 W. 40th St., MN Increase hotel floor area 060048ZCM Greenberg Traurig the Rutledge Street garage does not 340 Madison LLC 342 Madison, MN Transfer dev. rts. from Grand Central 060042ZCM Kramer Levin serve Community Board 1 and the Parks Yankee Stadium Redev., BX Map parcels as parkland 060056MMX; Parks residential street was greatly dis- 060057MMX; 060058MMX; turbed by its continued use. 060059MMX Borough President Marty DSBS Flatbush-Nostrand BID, BK BID covers 11 blocks 060107BDK DSBS Markowitz approved, requesting LPC Greenpoint Hist. Dist., BK Report to Council on modification 830234AHKK LPC that Sanitation more closely moni- tor the site and work with DOT to DOT Flight 587 Memorial, QN Demap 7,000 s.f. for memorial 060090MMQ DOT obtain dedicated truck parking. 73rd Ave. Dev. Klein Farm, QN Spec. permit for 18 homes 060089ZSQ Rothkrug Rothkrug Beachfront LLC 11 B. 5th St., QN Certs. for lot consolidation and 060073ZCQ; Stadtmauer Bailkin On August 17, 2005, the full vis. cooridors for 23-unit bldg. 060074ZCQ City Council voted to review Sanita- QN Pub. Lib. East Elmhurst Branch, QN Acquire site for branch library 060087PCQ DCAS tion’s application; its review was not otherwise mandatory. DCAS NYPD Narcotics Squad, QN Lease 60,000 s.f. of office space 060099PXQ DCAS DCAS NYPD Auto Crime Div., QN Lease 30,000 s.f. of office space 060100PXQ DCAS CPC: Brooklyn North District 3 Sanita- Frank Behar 65 Alderton St., QN Waive floor area requirements 060079ZCQ Eric Palatnik tion (C 050027 PQK – acquisition of Westervelt Prop. 30 Hendricks Ave., SI Modify lot coverage rule 060076ZCR Scaglione Arch. property) (August 8, 2005). CITYADMIN

September 15, 2005 Volume 2 CITYLAND 117 ray Streets, the proposal includes under construction based on a Sep- CITY PLANNING COMMISSION 402 condominium and rental units, tember 2004 City approval. 1 City- a 400-space parking garage and Land 1 (Oct. 15, 2004). Special Permit/UDAAP 165,000 sq.ft. of retail space featur- The Skidmore, Owings & Mer- ing a ground floor supermarket to rill design required a special permit be occupied by Whole Foods. to vary the height, setback and rear 388-foot residential tower A two-story base building will yard requirements. The project approved for West Street cover the entire site and house the necessitated an additional special Whole Foods, other retail and the permit for the 400-space parking Lower Manhattan parking lot residential lobbies. Above the base, a garage, a UDAAP designation allow- to be replaced with 815,000-square- 388-foot, 32-story tower containing ing state tax reductions, and the dis- foot residential/retail project. The the project’s condo units will front position of the site to the EDC. Planning Commission approved a West Street and a second smaller At the May 17, 2005 Commis- proposal of the Economic Develop- rental residential tower will front the sion hearing, EDC stated that Min- ment Corporation and the project eastern part of the site along Green- skoff was chosen as the project developer, Edward J. Minskoff Equi- wich and Warren Streets. Access to developer for the site prior to Sep- ties, Inc., to replace a City-owned parking and loading would be tember 11th and planned to con- surface parking lot in Lower Man- gained from Murray Street, the only struct a large commercial develop- hattan with an 815,000-square-foot two-way access street adjoining the ment to replace the site’s 265-space mixed-use project. Located on a site. Directly across Warren Street parking lot. Following September 95,565-square-foot site bounded by from the site, a 29-story, mixed-use 11th, EDC asked Minskoff to West, Warren, Greenwich and Mur- project at 200 Chambers Street is redesign the project to contain resi- dential units and destination retail space. Testifying in support, the Director of Manhattan Youth, a Tribeca not-for-profit providing children’s after school and recre- ational programs since 1985, explained that Minskoff had com- mitted funds to the construction of an expanded center for Manhattan Youth at 200 Chambers Street. Chair Amanda M. Burden, vot- ing to approve on August 10, 2005, called the project a “significant milestone in the remaking of Lower Manhattan.” Crediting Mayor Bloomberg in pushing the project forward, Burden stated that Lower Manhattan has “always lacked the vibrancy” of the city’s mixed-use neighborhoods and the project, with both residential and retail, would infuse the area with needed life in the hours after the downtown office district has closed. The full Commission approved unanimously, finding that the height, setback and yard modifica- tions would allow the bulk of the building to be aligned with the West Side Highway, away from the lower scale residential streets of Tribeca. The Commission found the rear 270 Greenwich Street, Manhattan. Printed with permission of Edward J. Minskoff Equities, Inc.; yard modifications necessary to Skidmore, Owings & Merrill. allow unobstructed floor area and

118 Volume 2 CITYLAND September 15, 2005 ULURP PIPELINE of the new development. Commu- nity Board 4 by letter recommended denial of the permit. The Board City Planning Comm. ULURP Certifications claimed that the developer mis- PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED characterized the area as commer-

Cornerstone Site 1 UDAAP (18 units) MN 10 050435HAM 8/22/2005 cial in nature and underestimated Olinville Zoning map and text amendments BX 12 060084ZMX; 8/22/2005 the garage’s traffic impact when it N060083ZRX claimed that the site contained a S. Park Slope Rezoning Zoning map and text amendments BK 7 060054ZMK; 8/22/2005 former public parking lot. The (50 blocks) N060053ZRK Board explained that evaluations of 9th Avenue Bridge City map amendment BK 12 950447MMK 8/22/2005 the city’s land use patterns describe Gates Plaza UDAAP (housing for elderly) BK 4 050447HAK 8/22/2005 the area as densely residential and Remsen Cemetery Park City map amendment QN 6 050245MMQ 8/22/2005 the former parking lot on the site Whitestone Rezoning Zoning map amendment QN 7 060055ZMQ 8/22/2005 served taxis, not the public. Verizon Flagpole Permit height exception SI 3 050088ZSR; 8/22/2005 N050089RAR Over Commissioner Karen A. SI Commercial Zoning map and text amendments SI 1,2,3 060061ZMR; 8/22/2005 Phillips’ vote to disapprove, the 060062ZMR; 060063ZMR; Commission approved the parking 060066ZRR garage, stressing that the project’s environmental assessment found no significant increase in traffic. To loading for Whole Foods and to Minskoff, Edward J. Minskoff Equities, grant the permit, the Commission Inc.; Mustafa K. Abadan, AIA, Skid- increase the rooftop open space. found that the garage location more, Owings & Merrill LLP; Robert S. ULURP Process: The Office of Davis, Bryan Cave LLP). CITYADMIN would draw a minimum of traffic the Deputy Mayor for Economic through local streets and would not Development and Rebuilding, as contribute to serious traffic conges- lead agency, issued a DEIS on CITY PLANNING COMMISSION tion. The Commission discounted December 6, 2004, and a notice of Community Board 4’s concerns, completion and a FEIS on Febru- Special Permit stating that primary access to the ary 3, 2005. The FEIS identified sig- Chelsea, Manhattan garage would be from Sixth Avenue nificant adverse traffic impacts at and West 21st Street, both of which the intersection of West and Mur- Parking garage approved; are primarily commercial streets. ray Streets, which could be Council takes review ULURP Process: The Planning improved with design modifica- Special permit for 83-space Commission, acting as lead agency, tions to the roadway, but would not garage approved over community issued a negative declaration on be fully mitigated. opposition. Developer 155 West 21st March 14, 2005. Community Board 1 approved, Street LLC sought Planning Com- On May 4, 2005, Community recommending that steps be taken mission approval for an 83-space Board 4 voted 27 to 5 to recommend to lessen construction noise public parking garage within an as- denial of the permit. The Borough impacts and that a temporary ele- of-right building that it planned to President recommended approval if mentary school be constructed to construct on West 21st Street in parking spaces were held for the deal with overcrowding caused by Chelsea. The 17,000-square-foot project’s residents and released only the project. garage space would be located on after residents rejected their use. Borough President C. Virginia the ground floor, cellar and sub-cel- City Council’s review of a spe- Fields approved with conditions lar of the newly constructed 15- cial permit is not mandatory under relating solely to the request to story, 109-unit residential building the City Charter. Council Member remove a sidewalk easement along at 155 West 21st Street. It would Christine Quinn requested Council Murray Street, which was also replace a vacant two-story building review of the project and, on August sought for the project. and a 35-space parking lot. Access 17, 2005, the full Council voted to City Council review is pending. to the garage would be on West 21st take review. A public hearing was Street, a one-way westbound street, scheduled for the Zoning and Fran- CPC: 270 Greenwich Street/Site 5B (C 120 feet from Seventh Avenue. 050427 HAM – UDAAP designation/ chises Subcommittee on Septem- At the June 22, 2005 hearing on disposition of property); (C 050428 ber 7, 2005. MEM – eliminate easement); (C 050429 the project, the developer accepted ZSM – modify height, setback, yard); (C Borough President C. Virginia CPC: 155 West 21st Street (C 040473 050430 ZSM – 400-space parking Fields’ recommendation to reserve ZSM – 83-space parking garage) (July garage) (August 10, 2005) (Edward J. first right to spaces for the residents 27, 2005). CITYADMIN

September 15, 2005 Volume 2 CITYLAND 119 also claimed its right to continue in 2003 by first seeking the Land- with construction because it started marks Preservation Commission’s work and incurred substantial costs approval for construction of a six- E

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N I GILES T R responded that the developer West Historic District. After receiv- O F K IC W G ED obtained the permit after the effec- ing approval, the six-story project S tive time of the rezoning. The devel- was abandoned for a larger eight- oper’s permit was issued at 3:56 p.m. story scenario. In November, 2004, H EATH on September 28, 2004, but Build- Landmarks approved a seven-story Developer denied right to continue 7-story ings argued that the rezoning was hotel design that required a variance construction at 3329/3333 Giles Place, Bronx. effective at 3:20 p.m. when the City grant. 1 CityLand 46 (Dec. 2004). Council adjourned for the day. The In its application to BSA, the BOARD OF STANDARDS & APPEALS developer countered that BSA had, developer claimed that $1.7 million in past decisions, taken into account had been spent to remove two ULURP’s 5-day window for mayoral Building Permit/Appeal underground tanks from the site review, thereby making the effective Van Cortlandt Village, Bronx and to remediate the soil in prepa- time of the rezoning five days after ration for development. Poor soil Developer fails to beat the Council’s vote. conditions compounded by the down-zoning deadline BSA, declining to follow its site’s high water table and the area’s prior decisions, ruled that the effec- floodplain escalated the project’s Area rezoned minutes before tiveness of a rezoning is at the time construction costs, making a small- applicant obtained a new building of the Council’s vote. BSA also er code-compliant development permit. BSA denied applications to found that the developer did not infeasible. The developer submitted renew a new building permit and have the right to continue with con- feasibility studies, showing that an extend the time to complete the struction despite the amount of as-of-right hotel, office building foundation for a proposed building construction and expenses incurred and rental residential units, limited at 3329 Giles Place in Van Cortlandt because the foundation work was to the 50,355-square-foot area per- Village, the Bronx. After the City performed under an invalidly mitted by code, were infeasible. Council approved the down-zoning issued foundation permit. As a At the hearing, BSA questioned of a 15-block area of Van Cortlandt result, BSA denied both the appeal why the developer had not studied Village on September 28, 2004, (1 and the request for an extension to a code-compliant condominium CityLand 4 (Oct. 15, 2004)), Build- complete the foundation. ings issued a stop-work order to scenario, noting that condo units GRA V LLC, the developer, because BSA: 3329/3333 Giles Place (346-04- could yield a higher return. The the proposed building was no BZY) (August 9, 2005); BSA: 3329/3333 developer explained that it planned longer compliant with zoning. Giles Place (17-05-A) (August 9, 2005) to use Liberty Bonds to finance the The developer applied to BSA (Jordan Most, for GRA V LLC; Charles G. project. The bonds restricted the Moerdler, for Community Board 8). transfer of the underlying property to extend the time to complete the CITYADMIN foundation of the proposed 7-story, for 30-years, eliminating the possi- 63-unit residential apartment bility of a transfer to a condomini- building, claiming that a full new BOARD OF STANDARDS & APPEALS um. In response to BSA’s questions building permit had been issued on as to whether the Liberty Bonds were necessary, the developer sub- September 28, 2004, prior to the Variance rezoning. At the January 11, 2005 mitted analyses, showing a $1.8 mil- Tribeca, Manhattan hearing, upon finding that the new lion cost savings during construc- building permit was issued minutes DeNiro hotel obtains variance tion and an $800,000 annual savings after the Council vote on the rezon- with the use of the bonds. ing, BSA stated that it was inclined Contaminated soil remediation BSA denied that the site was to deny the request because the caused hardship. 377 Greenwich unique due to its location since the developer lacked a valid permit LLC, with principals Robert DeNiro, floodplain affected all lots sur- prior to the effective time of the Ira Druckier and Richard Born, rounding the site, but found hard- rezoning. The developer asked BSA sought BSA approval for a 59,419- ship existed due to the high remedi- to delay its final decision while it square-foot, seven-story luxury ation costs and poor soil conditions. sought to appeal Buildings’ stop- hotel in Tribeca that would exceed Voting on August 16, 2005, BSA work order. floor area, wall height and setback granted the variance, finding that On appeal, the developer again restrictions. DeNiro’s development there was no possibility of develop- argued that it had a valid permit and team had started the permit process ing an as-of-right project.

120 Volume 2 CITYLAND September 15, 2005 BSA: 377 Greenwich Street (101-05-BZ) Losing both arguments, Walker requirement. To change its legal (August 16, 2005) (Irving J. Gotbaum, then claimed that since the conver- designation on record with the City, for 377 Greenwich; The Rockwell sion to apartments pre-dated the however, BSA required that Walker Group). CITYADMIN 1983 enactment of the SRO anti- obtain a final certificate of occupan- harassment law, the building was cy from Buildings. exempt. In support, Walker submit- BSA: 151 West 76th Street (397-04-A) BOARD OF STANDARDS & APPEALS ted affidavits from current and for- (August 9, 2005) (Petraro and Jones, for mer owners and a property manag- Walker). CITYADMIN Appeal er. BSA questioned the value of Lenox Hill, Manhattan owners’ affidavits and expressed doubt that the manager’s affidavits BOARD OF STANDARDS & APPEALS Former SRO exempt from substantiated Walker’s claim. Walk- City’s no harassment law er submitted new affidavits in Appeal which the manager claimed that, Prince’s Bay, Building had been converted from 1976 to 1983, he made over prior to passage of Local Law. Jennifer 100 visits to the units and viewed Two residences allowed Walker purchased 151 West 76th kitchens and baths. on one lot Street, a five-story residential build- BSA found the actual use of ten ing in Manhattan, in 2002. That year, of the 11 units as apartments pre- BSA accepts Buildings’ zoning Walker applied to Buildings for per- dated 1983, making the building interpretation of minimum lot area mits to renovate three apartments exempt from the anti-harassment requirement. The Staten Island Bor- and a terrace. Buildings determined that the building’s legal use was an SRO, requiring a certificate of no BSA PIPELINE harassment from HPD before per- mits could be granted. Consequently, New Applications Filed with BSA - July 29 - Aug. 29, 2005 Buildings denied the permits. After Walker sought a certificate APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE from HPD and received an initial VARIANCES decision that harassment appeared 813 Broadway LLC 813-815 Broadway, MN Erect 11-story bldg. (mixed use) 197-05-BZ Herrick, Feinstein likely, she appealed Buildings’ per- Stefano Troia 299 7th Ave., MN Residential in M1-6 199-05-BZ Joseph P.Morsellino mit denial, claiming that most of the 18 Luquer St. 18-24 Luquer St., BK Residential in M1-1 District 175-05-BZ Eric Palatnik, P.C. building was converted to apart- Salvatore Porretto 78-20 67th Road, QN Erect 2-family home 187-05-BZ Fredrick A. Becker ments over 50 years ago, which 62-02 Roosevelt 62-02 Roosevelt Ave., QN Dance club in C1-2 overlay 185-05-BZ Manatt, Phelps legally changed the building’s desig- Dimitrios Spanos 25-09 38th Ave., QN Enlarge & convert to res. 183-05-BZ Morsellino/Palatnik Steven Morris 5525 Amboy Road, SI Extend variance term for retail 194-05-BZ David L. Businelli nation to apartments. Even if the legal designation remained an SRO, SPECIAL PERMITS/OTHER ACTIONS Walker argued that it was exempt, 4 Park Ave. Assoc. 4 Park Ave., MN Legalize phys. culture est. (gym) 182-05-BZ Eric Palatnik, P.C. because the actual use of the units 1511 Third Ave. 1511 Third Ave., MN Legalize phys. culture est. (gym) 180-05-BZ Wachtel & Masyr LLP was apartments. 32 E. 31st Corp. 32 E. 31st St., MN Physical culture est. (spa) 193-05-BZ Fredrick A. Becker Steven Goldfarb 139 Langham St., BK Erect two-story rear enlargement 179-05-BZ Harold Weinberg, P.E. At the BSA hearing, Buildings Steven Weinreb 2906 Quentin Road, BK Enlarge 1-family dwelling 195-05-BZ Fredrick A. Becker responded that no legal record Leon Kamkhatchi 2315 Quentin Road, BK Enlarge 1-family dwelling 196-65-BZ Fredrick A. Becker existed of the conversion and, since Steve Chon 11-11 131st St., QN Physical culture est. (spa) 202-05-BZ Eric Palatnik, P.C. there was no certificate of occupan- APPEALS

cy issued for the building, its legal Madison Ave. LLC 44-50 E. 50th St., MN Interpret zoning resolution 188-05-A Francis R. Angelino use on record with HPD controlled. Breezy Point Co-op 27 Fulton Walk, QN Building not on mapped st. 176-05-A Joseph A. Sherry BSA agreed, ruling that, in cases Breezy Point Co-op 5 Arcadia Walk, QN Building not on mapped st. 177-05-A Joseph A. Sherry with no certificate of occupancy, an Breezy Point Co-op 952 Bayside Walk, QN Building not on mapped st. 178-05-A Joseph A. Sherry HPD inspection card establishes Breezy Point Co-op 22 Atlantic Walk, QN Building not on mapped st. 181-05-A Walter T. Gorman, P.E. legal use. Buildings also disputed Breezy Point Co-op 13 Beach 221 St., QN Building not on mapped st. 186-05-A Zygmunt Staszewski Breezy Point Co-op 39 Ocean Ave., QN Building not on mapped st. 203-05-A Joseph A. Sherry Walker’s argument of actual use, Kostas Domenikos 207-14 43rd Ave., QN Common law right to construct 184-05-A Steve Sinacori explaining that if all SRO owners R. Mastronardi 20-17 Clintonville, QN Buildings in bed of mapped st. 201-05-A; Joseph P.Morsellino could illegally convert SRO units to 200-05-A apartments and then claim an Huiyan Wu 6 Cornell Lane, QN Enlarge bldg. not on mapped st. 198-05-A Sheldon Lobel, P.C. Juliana Forbes 12-09 116th St., QN Buildings in bed of mapped st. 192-05-A; Eric Palatnik, P.C. exemption from the SRO law, there 191-05-A would be no SRO protection at all. John Antzoulis 28-38 215th St., QN Common law right to construct 190-05-A Steve Sinacori BSA agreed.

September 15, 2005 Volume 2 CITYLAND 121 ough Commissioner rescinded a in Buildings’ support, explaining required high floor-to-ceiling stop-work order and approved con- that the minimum lot area require- heights to accommodate the swing struction of two, two-story single- ment was never intended to apply and safety nets, and unicycle train- family homes on one zoning lot in to each residence on a lot in South ing required large floor plates the Prince’s Bay section of the bor- Richmond or any other district. necessitating the height, yard and ough. A civic association in opposi- BSA denied the civic associa- setback variances. tion appealed the approval to BSA. tion’s appeal, finding that the mini- BSA: 2920 Coney Island Avenue (378- At the BSA hearings, the civic mum lot area requirement does not 03-BZ) (August 23, 2005) (Harold Wein- association argued that the project apply to each residence on a zoning berg, P.E., for New Wave). CITYADMIN did not meet the 3,800-square-foot lot in the South Richmond District. minimum lot area requirement set BSA stated that when it makes deci- in the City’s zoning code. The devel- sions interpreting the zoning code, BOARD OF STANDARDS & APPEALS oper, Joseph Galante, had proposed it looks to the entire code rather two homes on one 7,500-square- than one section and looks at past Special Permit foot zoning lot. The association interpretations of the Planning Crown Heights, Brooklyn claimed that both homes needed a Department and Buildings. 3,800-square-foot area and Galante Permit awarded to art school was 100 sq. ft. short. The association BSA: 5728 Amboy Road (22-05-A) (August 9, 2005) (Dennis Dell’Angelo, for based its argument on the text of Performing arts school to con- Pleasant Plains, Prince’s Bay, Richmond vert vacant three-story building. the Special South Richmond Devel- Valley Civic Association). CITYADMIN opment District, which stated that Montgomery Academy, a perform- “all residences” must meet the min- ing arts school located at 414 Utica imum lot area requirements. This BOARD OF STANDARDS & APPEALS Avenue, Brooklyn, sought a special position was supported by Council permit to convert a vacant three- Member Andrew J. Lanza, Staten Variance story commercial building on nearby Lefferts Avenue into addi- Island Borough President James Coney Island, Brooklyn Molinaro and Community Board 3. tional school space. Montgomery Buildings countered that “all Circus school gets variance stated that the building was neces- residences” referred to all types of sary to accommodate increased residential development, such as Trapeze training required high- enrollment. multi-family apartments, and not to er ceilings. The New Wave Circus Prior to submitting its applica- number. Buildings explained that Center sought BSA approval to tion, Montgomery sought alternate Galante could build more than one locate a circus school in Coney sites, but failed to find any build- residence on the lot once the 3,800- Island where it planned to offer cir- ings that allowed a school as-of- square-foot minimum was met. cus-related classes including tight- right suitable with respect to size, Pointing to a code section that rope walking, unicycle, trapeze and cost, or quality. Montgomery allows the Planning Commission to juggling. To accommodate the space argued that the Lefferts Avenue alter the distance requirement needed for circus activities, New building, which was only 50 feet between two structures when both Wave would demolish a one-story from a zoning district that allowed are located on the same lot, Build- commercial building at 2920 Coney school use, was in good condition, ings asked why this provision would Island Avenue and replace it with a ready to use, and sufficient for its be needed if the civic association’s newly constructed, 49-foot tall needs. Montgomery also empha- argument was correct. The Plan- building covering the full extent of sized its contribution to the com- ning Department submitted a letter the 2,160-square-foot lot. The build- munity: teaching music and dance ing, as proposed, failed to comply to students primarily from the with the zoning district’s 35-foot Crown Heights neighborhood, height limit, 18-foot required front many of whom were immigrants Q UE LING ENSD yard, five-foot and eight-foot side and benefited from a performing WHEE ALE yards, and the overall restriction on arts school environment. lot coverage to 55 percent of the lot. DOT issued a letter expressing WRE

NN AN AMBOY L At the BSA hearing, New Wave concern that the school’s location argued that a circus school’s unique near major intersections increased HA STATEN IS Y N class needs and the shallow 54-foot the risk of accidents involving ES lot depth created a hardship, requir- school children. In response, Mont- MAD

ER ing construction of a larger building gomery submitted a traffic study BSA upholds Buildings, allowing two homes to than permitted by code. BSA and recommended using a crossing be built at 5728 Amboy Road, SI. agreed, finding that trapeze training guard at the corner of Lefferts and

122 Volume 2 CITYLAND September 15, 2005 Utica Avenues immediately before Edelson’s seven-story proposal was and after school hours. DOT BOARD OF STANDARDS & APPEALS compatible with the neighborhood. requested additional studies of BSA: 209 West 20th Street (15-05-BZ) Variance common walking routes and addi- (August 9, 2005) (Irving J. Gotbaum, for tional measures to mitigate acci- Chelsea, Manhattan Edelson). CITYADMIN dents. Montgomery submitted a map of walking routes and agreed Extra floor allowed for to implement any additional safety small Chelsea building LANDMARKS PRESERVATION measures recommended by DOT. BSA allowed seventh floor COMMISSION BSA agreed that no suitable as- despite community board objection. of-right buildings existed for Mont- Steve Edelson, the owner of 209 West Legalization gomery’s use and granted the appli- 20th Street, a 2,309-square-foot lot Upper East Side, Manhattan cation, finding that the advantages in Chelsea, proposed to replace a to the community outweighed any vacant one-story garage with a Landmarks denied permit to disadvantages. BSA conditioned the seven-story, 7,090-square-foot resi- legalize addition permit on the presence of crossing dential building with twelve units. guards at all intersections recom- After constructing an addition The seventh floor would exceed the mended by DOT and Montgomery’s without permits, the owner asked R8B district’s 60-foot height limita- environmental consultant, and Landmarks to allow the illegal struc- tion and provide one additional unit Montgomery’s compliance with all ture to be legalized and expanded. setback atop the structure. of DOT’s suggested safety measures. 160 East 92nd Street is a vernacular Edelson argued that the site’s clapboard dwelling with Greek BSA: 842 Lefferts Avenue (321-04-BZ) shallow 81-foot depth coupled with Revival and Italianate style ele- (August 16, 2005) (Moshe M. Friedman, the district’s 30-foot rear yard ments. It was built in 1852-53 and for Montgomery). CITYADMIN requirement made a seventh floor was designated an individual land- necessary to realize a reasonable mark in 1988. Without Landmarks return. Edelson also argued that the approval, Freud 92 Properties LLC, proposed construction would be the building owner, demolished a consistent with similarly sized adja- two-story, wood frame rear yard cent and surrounding buildings. addition and replaced it with an Community Board 4 agreed unarticulated, windowless, two- that the seven-story building would story addition that extended five fit within the scale of the block but feet further into the rear yard. Land- opposed the application, claiming marks issued a notice of violation that the site was not unique and did for Freud’s construction of the addi- not support a claim for hardship. tion while a permit was pending. The Board pointed out that the lot’s Freud applied on April 6, 2005 shallowness was not uncommon in the neighborhood and that similar lots had been efficiently utilized without a variance. The Board criti- cized Edelson’s proposal as ineffi- cient and requested alternate pro- posals showing the building’s use as condominium space. Edelson submitted alternate conforming use designs for both a five-story and a six-story condo- minium but argued that he could not realize a reasonable return with any use under seven stories. BSA determined that none of the alternate designs were feasible, finding that there was no reason- able possibility that as-of-right Proposed 7-story building at 209 West 20th development would provide a rea- 160 E. 92nd Street, Manhattan. Street, Manhattan. Printed with permission Photo: Kevin E. Schultz. of Matt Markowitz. sonable return and agreed that

September 15, 2005 Volume 2 CITYLAND 123 LANDMARKS PIPELINE grey to further minimize its impact. Voting to approve, Landmarks found that the tower’s new location, Designations – August pale grey color and the equipment NAME ADDRESS ACTION DATE building’s low height would mini- No items calendared, heard or designated. mize the impact to the historic buildings. The final permit to legalize the addition, offering to the country. It was sensitively approved a 145-foot tower and a cut a notch in the addition at the designed to preserve the rural land- 3,375-square foot equipment build- point where it met the original scape along a 230-acre portion of ing bounded by a chain link fence. building to attempt to reduce the Todt Hill by tucking building struc- LPC: 460 Brielle Avenue (COFA# 06- addition’s mass. One week later, tures behind slope changes. Adjacent 0057) (July 19, 2005). CITYADMIN Freud applied again to legalize the to the hospital is the 90-acre New existing addition and to increase its York City Farm Colony, a complex of size by adding a new third story. buildings used from 1829 to 1975 as LANDMARKS PRESERVATION Landmarks denied both appli- the Richmond County poorhouse. In COMMISSION cations, finding that the two-story 1985, Landmarks designated both addition was already too large, con- sites, including the buildings and Certificate of Appropriateness cealed the openings on the original grounds, as Staten Island’s first his- Chelsea, Manhattan structure and was not in keeping toric district. The buildings on both Three rowhouses to add with the scale and character of the grounds are largely vacant and sever- rear additions original structure. Landmarks found al are severely deteriorated. that the notch proposed in Freud’s HHC, in its application to Proposal includes demolition of initial application was not an Landmarks, proposed to camou- historic tea rooms. Margaret Streick- acceptable means of minimizing the flage the tower as a 132-foot flagpole er applied to Landmarks to alter impact of an addition that dimin- flanking the hospital’s entrance three adjacent rowhouses on West ished the architectural character of driveway. Landmarks objected to 22nd Street within the Chelsea His- the existing small-frame landmark. the prominent location of the phone toric District. Streicker proposed to Landmarks stated that if the tower, suggesting that it be moved demolish two wood rear porches on addition remained in its current away from the hospital’s main the 1851-built pair rowhouses at 327 condition, Freud faced a second entrance along Brielle Avenue. At a and 329 West 22nd Street, replacing NOV and potential fines. second hearing on May 17, 2005, the porches with four-story addi- LPC: 160 East 92nd Street (CD 05-7766) HHC stated that it sought the “most tions extending 19 feet from the (May 20, 2005); LPC: 160 East 92nd Street remote space” for the tower and existing building line and adding (CD 06-0336) (July 18, 2005). CITYADMIN proposed a wooded southwest por- one-story rooftop penthouses on tion of the grounds. Two new pro- each building. On the 1850 Ital- posed designs included a 125-foot ianate rowhouse at 331 West 22nd LANDMARKS PRESERVATION phone tower painted dark brown Street, the proposal included simi- COMMISSION and a 130-foot tower disguised with lar-sized rear and rooftop additions. tree branches. Landmarks noted its Testifying for Community Certificate of Appropriateness approval of the new location, but Board 4 at the Landmarks hearing, Todt Hill, Staten Island suggested painting the tower pale Ed Kirkland explained that, in row- 145-ft. phone tower sited at Seaview Hospital Landmarks Actions Taken in August FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS Tower moved to new location to ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D diminish impact. The Health and August 9, 2005 Hospitals Corporation sought Land- 216 E. 16th St., MN Friends Seminary House Alter facade, const. addition 06-0119 Yes marks approval to construct a 132- 36-40 Gansevoort, MN Gansevoort Market HD Amend approval (bulkhead) 05-8536 No foot telecommunications tower and 7 E. 17th St., MN Ladies' Mile HD Issue report for change of use 06-0026 Yes an equipment building on the north- 336 W. 71st St., MN West 71st Street HD Modify rooftop addition 05-3630 W/Drn eastern grounds of Seaview Hospital 162 W. 72nd St., MN Upper West Side/ CPW HD Install infill 05-7464 W/Drn 169 W. 81st St., MN Upper West Side/ CPW HD Install bracket signs 05-7395 Yes in Staten Island. The Seaview Hospi- 311 Cumberland, BK Fort Greene HD Const. rooftop stair bulkhead 05-8060 Yes tal complex was, at the time of its August 16, 2005 1905-38 construction, the largest and No actions taken most costly tuberculosis hospital in *Bold indicates the decision is covered in this issue.

124 Volume 2 CITYLAND September 15, 2005 houses of this period, it was com- Letter to Hearn for the neon sign and was due to his very busy schedule. mon to extend the parlor floor into an exterior garbage enclosure, also Judge Philip A. Straniere ruled the rear yard with the construction installed without permits. In Hearn’s that Culotta breached his contract, of wooden outdoor porches. These application to legalize both, Porto- finding that seven years was unrea- porches, due to the city’s inclement fino offered to dismantle the neon sonable and shocked the conscience. weather, were later enclosed to cre- sign and replace it with a non-illumi- Judge Straniere ordered Culotta to ate tea rooms, which were a com- nated plexiglass sign that would be produce final certificates by August mon feature, although now few in affixed to the 1884 building’s brick 15, but delayed awarding the families the city remain. Streicker’s porches, wall and hang perpendicularly. damages until it was determined Kirkland stated, were in poor condi- Landmarks denied approval of what expenses, if any, were incurred tion and were not visible from the the neon and plexiglass signs and by them to bring the homes into com- street, reducing their historic value. the garbage structure, finding that pliance and obtain final certificates. Community Board 4 did not the neon sign was not typical signage Judge Straniere then considered oppose the demolition, but remained found on 1884 buildings and the per- other available remedies. He ordered concerned with the size and height of pendicular sign and garbage struc- Buildings to appear at a hearing to the rear additions. The Board recom- ture detracted from the building. determine whether the two families mended limiting the additions to Landmarks informed Hearn that the should use the courts to enjoin Build- three stories to retain the existing warning letters would remain in ings from issuing any new violations buildings’ cornices and reduce the effect and, unless both were disman- against them for their illegal occu- extension of the rear addition to pro- tled, he would receive a notice of vio- pancy. The court also questioned tect the block’s existing green space. lation and face potential fines. why Buildings had failed to seek civil remedies against Culotta for his role Landmarks approved all three LPC: 104 West 73rd Street (CD# 06- applications after Streicker reduced 0250) (July 22, 2005). CITYADMIN in placing the two families in an ille- the height of the additions to three gal occupancy, why Buildings had stories, finding that the additions COURT DECISIONS not imposed civil penalties against would maintain the scale of the row- Culotta on all projects for which he houses and the historic fenestration Department of Buildings failed to obtain a final certificate of occupancy, and why Buildings on the fourth floors. Landmarks West New Brighton, Staten Island noted that the historic tea rooms should not temporarily revoke any had been significantly altered. Homeowners win damages outstanding building permits issued over C of O delay to Culotta. The court reasoned that if LPC: 327 West 22nd Street (COFA# 06- Culotta was unable to obtain per- 0212) (July 12, 2005); LPC: 329 West 22nd Builder still had not produced a mits, he would be less busy and Street (COFA# 06-0217) (July 12, 2005); C of O after seven years. Two families could find the time to obtain the LPC: 331 West 22nd Street (COFA# 06- separately contracted with Giovan- 0537) (July 22, 2005). CITYADMIN long-overdue final certificates of ni Culotta to build semi-attached occupancy for the two families. homes at 243 and 245 Elm Street in LANDMARKS PRESERVATION Staten Island. In May 1998, both Washington v. Culotta, N.Y.L.J., Aug. 5, families closed and received tempo- 2005 at 23 (Richmond Cty.Civ.Ct.) COMMISSION (Straniere, J.). rary certificates of occupancy with Certificate of Appropriateness an understanding that Culotta CITYADMIN would later provide a final certifi- Upper West Side, Manhattan Decisions on www.citylaw.org cate. Buildings’ records indicate the AGENCY NUMBER OF YEARS Neon illuminated sign last temporary certificates of occu- NAME DECISIONS AVAILABLE ordered removed pancy expired in 1999. Subsequent- BSA 1,653 2002-Present ly, Buildings issued violations to the Council 975 2002-Present Tanning salon had installed families for occupying their homes CPC 438 2003-Present sign on 1884 building. Portofino Sun illegally and, after a hearing at the DOB 61 1999-Present Center, an indoor tanning bed salon, Environmental Control Board, both Landmarks 1,097 2003-Present affixed without permits a large neon families paid the imposed penalties. Loft Board 1,227 1996-Present sign outside its store at 104 West 73rd In 2002, the families sued CITYADMIN indicates a decision is available at citylaw.org

Street. The building, a Queen Anne Culotta for breach of contract, Information on the website is provided free with support of: style rowhouse built in 1884 and claiming he had failed to provide Manatt, Phelps & Phillips, LLP owned by George Hearn, is located final certificates of occupancy. At The Community Trust Gifford Miller, Speaker, New York City Council within the Upper West Side/Central trial, Culotta admitted that after Weil, Gotshal & Manges LLC Park West Historic District. seven years he still had not delivered Gibson, Dunn & Crutcher Landmarks issued a Warning final certificates, claiming his delay Charles H. Revson Foundation

September 15, 2005 Volume 2 CITYLAND 125 New Decisions Added to www.citylaw.org – August 2005*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 1128-1132 One York St., MN Text amendment/special permits 8/17/2005 1133 Battery Park City Auth., MN Text amendment 8/17/2005 † 1134 Smith Gray & Co. Bldg., BK Landmark designation 8/17/2005 1135 Anchor-Broadway Site 8, BK UDAAP by HPD (retail building) 8/17/2005 1136-1137 Highbridge Apartments, BX UDAAP by HPD (315 low-income units); 8/17/2005 Acquisition of 7 lots 1138 2323 Loring Place, BX UDAAP by HPD (covers 1 lot) 8/17/2005 1139 248 E. 3rd St., MN UDAAP by HPD (covers 1 lot) 8/17/2005 1140-1141 All Saints Housing, MN UDAAP by HPD (99 low-income units); 8/17/2005 Rezone (C8-3 to R7-2/C2-4) 1142 PSCH DeWitt Residence, BK UDAAP by HPD (19 units for mentally ill) 8/17/2005 1143 Sterling Housing, BK UDAAP by HPD (covers 9 lots) 8/17/2005 1144 Saunders Homes Housing, BK UDAAP by HPD (covers 8 lots) 8/17/2005 1145 700 Lafayette Ave., BK UDAAP by HPD (covers 1 lot) 8/17/2005 † 1146 Summit Hotel, MN Landmark designation 8/17/2005 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE 88 Crosby Street Special permit (live-work units/retail) MN 2 C040382ZSM 7/13/2005 Girls Club Disposition of City-owned property MN 3 C050209PPM 7/13/2005 † Summit Hotel Report to Council on designation MN 6 N050479HKM 7/13/2005 One York Street Zoning text amendment; Special permits MN 1 N050281ZRM; 7/13/2005 (conversion to loft dwellings; C050282ZSM; increase in bulk; community facility use; C050283ZSM; accessory parking) C050284ZSM; C050285ZSM Highbridge Apartments UDAAP by HPD (315 low-income units); BX 4 C050311HAX; 7/13/2005 Acquisition of 7 lots C050318PQX † Ralph Bunche House Report to Council on designation QN 9 N050478HKQ 7/13/2005 Battery Park City Text Amend text to allow heliostats MN 2 C050217ZSM 7/27/2005 105 Wooster Street Special permit (retail use) MN 2 C050218ZSM 7/27/2005 155 W. 21st Street Special permit (83-space parking garage) MN 4 C040473ZSM 7/27/2005 All Saints Housing UDAAP by HPD (99 low-income units); MN 11 C050376ZMM; 7/27/2005 Rezone (C8-3 to R7-2/C2-4) C050377HAM † Smith Gray & Co. Building Report to Council on designation BK 1 N050514HKK 7/27/2005 PSCH DeWitt Residence UDAAP by HPD (19 units for mentally ill) BK 5 C050383HAK 7/27/2005 Anchor Broadway/Site 8 UDAAP by HPD (retail buildings) BK 16 C050305HAK 7/27/2005 Rego Park Mall Amend text to expand mall; Special QN 6 C040542ZSQ; 7/27/2005 permit (height, setback, signs, parking) N040451ZRQ 132nd St. City Map Change Eliminate street (retail/comm. project) QN 7 C050241MMQ 7/27/2005 Brooklyn N. Dist. 3 Sanitation Acquisition (cont'd use - garage) BK 1 C050027PQK 8/8/2005 270 Greenwich Street/Site 5B Special permits (400-space; MN 1 C050427ZSM; 8/10/2005 parking garage; height; setback; curb cuts); C050428ZSM; Amendment to City map C050429ZSM; C050430ZSM Belmont Community Day Care Continue use as day care center BX 6 C050193PQX 8/10/2005 Bruckner Blvd. Rezoning Zoning map change (commercial overlay) BX 9 C020488ZMX 8/10/2005 ACS Office Space Acquire office space BX 11 N060013PXX 8/10/2005 † Jamaica Savings Bank Report to Council on designation QN 4 N060008HKQ 8/10/2005 Seneca Ave. Compr. Care Permit (senior day health facility) QN 5 C050083ZSQ 8/10/2005 † John Degroot House Report to Council on designation SI 1 N060009HKR 8/10/2005 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE † 377 Greenwich St., MN Erect 7-story transient hotel (vary FAR/setback) App'd 101-05-BZ Friedman & Gotbaum 209 W. 20th St., MN Erect 7-story residential building (vary height) App'd 15-05-BZ Friedman & Gotbaum 404 Lafayette, MN Extend permit/enlarge (gym) App'd 169-91-BZ Wachtel & Masyr 501 Broadway, MN Extend time to complete construction App'd 294-00-BZ Fredrick A. Becker 53-55 Beach St., MN Amend variance (school in 6-story bldg) App'd 359-02-BZ Fredrick A. Becker 151 W. 76th St., MN Classify SRO as apartment In part 397-04-A Petraro & Jones LLP 60 E. End Ave., MN Extend variance term (transient parking) App'd 614-74-BZ Stroock & Stroock LLP 1710 Broadway, MN Permit spa in cellar of 6-story building App'd 67-05-BZ Sheldon Lobel, P.C. 1823 E. 24th St., BK Enlarge 1-family res. (floor area, side/rear yard) App'd 107-05-BZ Eric Palatnik, P.C. 1662 E. 28th St., BK Enlarge 1-family res. (floor area, side/rear yard) App'd 12-05-BZ Eric Palatnik, P.C. *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.

126 Volume 2 CITYLAND September 15, 2005 BOARD OF STANDARDS & APPEALS (CONTINUED) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 614 Shpsd. Bay Rd., BK Permit spa on 1st two floors App'd 13-05-BZ Stuart Klein 2301 Ave. L, BK Extend time for cert. of occ. (1-family res.) App'd 186-00-BZ Fredrick A. Becker 1869 E. 23rd St., BK Extend time for cert. of occ. (1-family res.) App'd 227-00-BZ Sheldon Lobel, P.C. 252 Atlantic Ave., BK Erect 8-story retail-residential building App'd 257-04-BZ Patrick W. Jones 1897 E. Second St., BK Enlarge 1-family res. (floor area, side yard) App'd 31-05-BZ Fredrick A. Becker 842 Lefferts Ave., BK Convert comm. building to dance school App'd 321-04-BZ Moshe M. Friedman 1206 48th St., BK Extend variance term (hotel) App'd 328-82-BZ Agusta & Ross 1975 E. 24th St., BK Enlarge 1-family res. (floor area, side/rear yard) App'd 34-05-BZ Sheldon Lobel, P.C. 33 Berry St., BK Erect 4-story multiple dwelling in M1-2 district W/Drn 357-03-BZ Agusta & Ross 2920 Coney Is. Ave., BK Erect 2-story building (vary side/front yard) App'd 378-03-BZ Harold Weinberg, PE 6 Lee Ave., BK Enlarge Yeshiva (vary wall height and setback) App'd 39-05-BZ Eric Palatnik, P.C. 1826 E. 28th St., BK Enlarge 1-family res. (floor area, open space) App'd 43-05-BZ Harold Weinberg, PE 3046 Bedford Ave., BK Enlarge 1-family res. (floor area, yards) App'd 6-05-BZ Eric Palatnik, P.C. 1557 E. 27th St., BK Enlarge 1-family res. (floor area, yards) App'd 69-05-BZ Moshe M. Friedman 1226 E. 29th St., BK Enlarge 1-family res. (floor area, yards) App'd 71-05-BZ Sheldon Lobel, P.C. 3329 Giles Pl., BX Appeal stop-work order Denied 17-05-A Sheldon Lobel, P.C. 345 White Plains, BX Permit use as school in a C8-1 district App'd 189-04-BZ DEC Designs 3329 Giles Pl., BX Permit continued construction Denied 346-04-BZY Sheldon Lobel, P.C. 45-17 Little Neck, QN Extend variance term (funeral home parking) App'd 130-59-BZ Joseph Morsellino 29 Walk, QN Enlarge 1-family res. not on mapped street App'd 140-05-A Gary Lenhart, R.A. 79-03 Roosevelt, QN Extend variance term (entertainment/dance est.) App'd 164-99-BZ Guy M. Harding 130-38 Hor.Hard.Ex., QN Extend time for cert. of occ. (florist shop) App'd 199-97-BZ Sheldon Lobel, P.C. 132-02 Hook Creek, QN Enlarge 2-story, 1-family home w/in mapped street App'd 313-04-A Sheldon Lobel, P.C. 18-15 Francis Lewis, QN Legalize staircase & layout of office interior App'd 353-04-BZ Rothkrug Rothkrug 68-22 N. Blvd., QN Extend time for cert. of occ. (gas station) App'd 558-51-BZ Eric Palatnik, P.C. 2380 Hylan Blvd., SI Enlarge banquet hall into bed of mapped street App'd 21-05-A Rampulla Associates 2360 Hylan Blvd., SI Erect 2 story building (photo/video studio) App'd 212-04-BZ Rampulla Associates 5728 Amboy Rd., SI Appeal permit: 2-homes on 1 lot Denied 22-05-A Dennis Dell'Angelo 1845 Richmond Ave., SI Change from office to retail use in R3-1 district App'd 352-04-BZ Eric Palatnik, P.C. 40 Conyingham Ave., SI Construct 1-family res. (floor area, side yard) App'd 64-05-BZ Paul Bonfilio, R.A.

LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 85 Leonard St., MN Individual Landmark Legalize rooftop bulkhead, infill 06-0460 Yes 7/28/2005 160 E. 92nd St., MN Individual Landmark Construct two-story addition 06-0336 No 7/18/2005 113-15 Mercer St., MN SoHo-Cast Iron Hist. Dist. Install storefront infill 06-0778 Yes 7/29/2005 490 Broadway, MN SoHo-Cast Iron Hist. Dist. Install entry doors 06-0432 Yes 7/20/2005 95 Greene St., MN SoHo-Cast Iron Hist. Dist. Alter rooftop addition 06-0539 Yes 7/26/2005 107 Christopher, MN Greenwich Village Hist. Dist. Install storefront infill 06-0380 Yes 7/20/2005 12 St. Luke's Pl., MN Greenwich Village Hist. Dist. Construct three-story addition 06-0384 Yes 7/20/2005 175 9th Ave., MN Chelsea Historic District Install fence, gate, ramp 06-0231 Yes 7/14/2005 327 W. 22nd St., MN Chelsea Historic District Construct three-story addition 06-0212 Yes 7/12/2005 329 W. 22nd St., MN Chelsea Historic District Construct three-story addition 06-0217 Yes 7/12/2005 331 W. 22nd St., MN Chelsea Historic District Construct three-story addition 06-0537 Yes 7/22/2005 97 Fifth Ave., MN Ladies' Mile Hist. Dist. Install windows 06-0553 Yes 7/22/2005 421 Amsterdam, MN Upper West Side/CPW HD Install storefront infill 06-0595 Yes 7/26/2005 65 Central Pk. W., MN Upper West Side/CPW HD Install windows 06-0235 No 7/12/2005 104 W. 73rd St., MN Upper West Side/CPW HD Legalize signage, install flagpole 06-0250 No 7/22/2005 34 W. 89th St., MN Upper West Side/CPW HD Legalize entrance door, transom 06-0252 No 7/19/2005 830 Park Ave., MN Upper East Side Hist. Dist. Alter window openings 06-0245 Yes 7/18/2005 231 Lenox Ave., MN Mount Morris Park Hist. Dist. Modify changes to facade 05-8947 Yes 7/11/2005 335 Adelphi St., BK Fort Greene Hist. Dist. Legalize siding, gate, shutters 05-8905 Yes 7/11/2005 172 Amity St., BK Cobble Hill Hist. Dist. Install windows 06-0449 Yes 7/21/2005 41-45 240th St., QN Douglaston Hill Hist. Dist. Construct one-story addition 06-0540 Yes 7/27/2005 234-16 38th Road, QN Douglaston Hill Hist. Dist. Construct garage, retaining wall 05-9086 Yes 7/5/2005 35-25 77th St., QN Jackson Heights Hist. Dist. Install fence 06-0457 Yes 7/21/2005 460 Brielle Ave., SI Seaview Hospital Hist. Dist. Construct telecomm. tower 06-0244 Yes 7/19/2005

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

September 15, 2005 Volume 2 CITYLAND 127 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

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