CITYLAND

DECEMBER 2004 center for law VOLUME 1, NUMBER 3

Highlights Elevation of Watchtower complex showing its Jay Street frontage CITY COUNCIL Watchtower’s complex ...... 33 Senior housing in Rosedale . . . . .35 Verizon rezonings ...... 36

CITY PLANNING COMMISSION Hudson Yards approved ...... 36 C. de Portzamparc design ...... 39 New BID in Bronx ...... 40

BOARD OF STANDARDS AND APPEALS Riverdale permits renewed ...... 41 Spa in Little Korea ...... 41 Williamsburg housing ...... 42 Carwash denied ...... 43 Notice to vacate denied ...... 43 Printed with permission of Beyer Blinder Belle Architects & Planners, LLP LANDMARKS ond modification agreed to by Modern building in Flatiron . . . .44 CITY COUNCIL Watchtower to obtain City approval. New house in Clinton Hill ...... 45 Special Permit/Rezoning Watchtower assembled the SoHo sign to come down ...... 45 135,000 sq.ft. site, encompassing DUMBO, Brooklyn De Niro’s Tribeca Hotel ...... 46 the entire 3-acre city block bounded Brooklyn library redesign ...... 47 Watchtower’s full-block by Front, Bridge, York and Jay project approved Streets, during the 1980s and the COURT DECISIONS 1990s, but left it vacant. It remains Watchtower reduced height to New community garden sites . . .47 one of the only large, undeveloped gain approval of complex. On parcels in the area, and its location, Dwight School expansion ...... 48 December 2, 2004, following exten- immediately adjacent to an “F” sub- Brooklyn Sanitation garage . . . . .48 sive negotiations between the way line entrance, makes it a vital NoHo retail permit upheld ...... 49 developer and Council Members entry point for DUMBO. Leticia James and David Yassky, the The Council approved the CHARTS City Council approved the 736,400 Jehovah Witnesses’ proposal for New DCP Applications ...... 38 sq.ft. development proposed by the four new, connected buildings to ULURP Certifications ...... 40 Watchtower Bible and Tract Society house its world-wide headquar- New BSA Applications ...... 42 of New York, Inc., subject to a height ters. The multi-building complex reduction. The modification, which will provide sleeping accommoda- Landmarks’ Hearings ...... 44 reduced the street-wall heights of tions for 890 people, a 2,500 seat New Buildings Permits ...... 49 the Front Street buildings to 82 ft. assembly hall, a 1,600 seat cafete- citylaw.org New Decisions . . .50, 51 and a maximum height of 110 ft. ria, and a five-level parking garage away from the street, was the sec- with 1,100 spaces, (cont’d on page 35)

December 2004 Volume 1 CITYLAND 33

COMMENTARY

CityLand draws praise from ’ David Dunlap On Thanksgiving Day, David W. Dunlap, in his “Blocks” column in the Metro Section of The New York Times, reviewed the first two issues of CITYLAND. For those of you who took the day off from reading The Times, here is how David Dunlap began his article:

When Curtain Rises on Property Disputes, It Helps to Have a Program Land use battles – development, design, planning, zoning and landmarks – offer some of the best the- ater in New York City. The problem has been the lack of a playbill. Until last month, there was no comprehensive, timely guide to the workings of all of the arms of gov- ernment involved in land use: the Board of Standards and Appeals, the Buildings Department, the City Council, the City Planning Commission and the Landmarks Preservation Commission. There is such a source now. CityLand, an illustrated monthly newsletter produced by the Center for New York City Law at New York Law School.

We were joyous when we read David Dunlap’s assessment of CITYLAND, especially because of Dunlap’s long experience in covering news while on the land use and landmarks beats for The Times. CITYLAND strives to be readable and interesting, but also useful to the professionals in the field. Praise from Dunlap, a professional, is for us very high praise. This issue of CITYLAND is four pages longer than the first two issues, in part because this issue covers more than a single month, but also because we have so much to write about. The many charts have also lengthened as more applications are filed and certificates of appropriateness are decided. We invite readers to tell us what else we should be covering and how we can make the information even more useful. It is, after all, the playbill for the land use drama. –Ross Sandler

CITYLAND

Ross Sandler Angelina Martinez-Rubio ‘04 Jason Weeks ‘06 Executive Editor and Director, David Steingard ‘04 Jordana Marcus ‘06 The Center expresses appreciation to the individuals Center for New York City Law John Tatulli ‘04 Joseph P. Cardillo ‘05 Melanie Cash ‘02 Fellows in New York City Law Kevin Schultz ‘05 and foundations supporting the Center and its work: Liat Cherkes ‘05 Associate Director Jeffrey Ocasio The Steven and Sheila Aresty Foundation, The Robert Maren Mahoney ‘05 Molly Brennan Web Master Sarabeth Gaver ‘05 Sterling Clark Foundation, The Horace W. Goldsmith Editor, CityLand Research Assistants: Rula D. Alzadon ‘05 Foundation, The Murray Goodgold Foundation, Jerry Robert Merola Brian T. Pakett ‘06 Design Director Carley Ward ‘06 Gottesman, The Marc Haas Foundations, The New York Community Trust, The Prospect Hill Founda- CITYLAND ADVISORY BOARD tion, and The Revson Foundation.

Kent Barwick Andrew Berman Albert K. Butzel CITYLAN D (ISSN 1551-711X) is published Frank Munger Paul D. Selver Howard Goldman monthly by the Center for New York City Law at New York Law School, 57 Worth St., New York City, CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL New York 10013, tel. (212) 431-2115, fax (212) 941- 4735, e-mail: [email protected], website: www.citylaw.org © Center for New York City Law, Stanley S. Shuman, Michael D. Hess Steven M. Polan 2004. All rights reserved. Printed on recycled paper. Chair Lawrence S. Huntington ’64 Norman Redlich Maps presented in CITYLAN D are from Map- Arthur N. Abbey ’59 William F. Kuntz II Joseph B. Rose Harold Baer, Jr. PLUTO copyrighted by the New York City Depart- Eric Lane Rose Luttan Rubin David R. Baker ment of City Planning. City Landmarks and His- Nathan Leventhal Frederick P. Schaffer Edward N. Costikyan Randy M. Mastro toric Districts printed with permission of New York Paul A. Crotty Frederick A.O. Schwarz, Jr. City Landmarks Preservation Commission. Richard Matasar Richard J. Davis O. Peter Sherwood Fernando Ferrer Robert J. McGuire Edward Wallace POSTMASTER: Send address changes to Michael B. Gerrard Francis McArdle Richard M. Weinberg CITYLAN D , 57 Worth Street, New York, New York Judah Gribetz John D. McMahon ’76 Peter L. Zimroth 10013-2960. Periodicals postage paid at New York, Kathleen Grimm ’80 Thomas L. McMahon ’83 James D. Zirin New York.

34 Volume 1 CITYLAND December 2004 Watchtower (cont’d from page 33) limited to Watchtower’s use. A 220- ft. building and a 195-ft. building will face York Street and two towers of 110 ft. will face Front Street. Each building in the complex will connect by grade or elevated walk- ways, making it effectively one large development that encom- passes the entire city block. Watchtower’s proposed use, a community facility with sleeping accommodations, was not permit- Elevation of Watchtower complex along Front Street showing the reduced buildings ted under existing zoning. In addi- Printed with permission of Beyer Blinder Belle Architects & Planners, LLP tion to the zoning change [from M1- 2 to M1-2/R6 (MX-2) and M1-2/R8 Ikea, which had a justified demand. Council: Watchtower Project; CPC: (MX-2)], Watchtower also requested In voting to approve, Council Watchtower Project (C 040215 ZMK - rezoning), (C 040216 ZSK - special permit special permits to allow a 1,100 Member Tony Avella stated that for height and ), (C 040217 ZSK - space public parking garage and to “negotiating large developments exceed height and size limits. special permit for parking) (November is always a balancing act,” but 15, 2004) (Stephan Lefkowitz, Melanie At the Council’s November 30, noted, in this case, the appropri- Meyers, Fried, Frank, Harris, Shriver & 2004 public hearing, when ques- ate compromise was reached. Jacobson LLP, for Watchtower; Richard tioned about the community’s Because the project was modified, Metsky, Marc Pittsley, Doug McKean, desire for street retail somewhere on the Council sent it back to the Beyer Blinder Belle Architects & Plan- the block, Watchtower repeated that Planning Commission, which ners). CITYADMIN its charter prohibited commercial voted to approve the modified transactions unrelated to its reli- design on December 6, 2004. CITY COUNCIL gious purposes. However, Watch- tower argued, the ground-floor ULURP Process: The Planning Disposition reading room on York Street would Commission, as lead agency, issued be open to the public, which would a negative declaration on June 7, Rosedale, create a quasi-public space. Watch- 2004. Brooklyn Community Board 2, narrowly approving the rezoning LIRR commuter parking lot tower could not confirm whether its to become senior housing other properties in DUMBO and by a vote of 18 to 15, recommended Brooklyn Heights would be sold. It that the building’s height be Development will contain 38 stressed that the project had been restricted to 120 ft. along Bridge units of senior housing, office space, reduced at the Commission level, Street, and that Watchtower pay to and 54 tenant parking spaces. The from over 800,000 sq.ft. to 736,400 maintain local parks. Department of Citywide Adminis- sq.ft., that it was in negotiations with Borough President Marty trative Services obtained approval to Parks to aid in Brooklyn’s Bridge Markowitz disapproved all three dispose of a 47,108 sq.ft. site located Park restoration, and that it would applications. The Borough President at 240-02 North , provide private security cameras, recommended a 40% reduction in currently providing 40 parking street lighting and patrols to the size of the entire development spaces for Rosedale LIRR com- improve safety at the adjacent sub- and in the number of parking spaces muters, to the New York City Eco- way station. – an overall reduction from 800,000 nomic Development Corporation Congresswoman Nydia Velazquez sq.ft. to 480,000 sq.ft. and from 1,100 for a new mixed-use development. testified against the project and to 660 spaces – and a further restric- EDC will transfer the site to Stone endorsed Brooklyn Borough Presi- tion to the buildings’ heights. Ridge Homes, Inc., which will devel- dent Marty Markowitz’s request for The Planning Commission op a three-story, 16,402 sq.ft. office a further restriction in height – to approved the project on November building and a two-story, 38-unit 120 ft. along Jay Street and 70 ft. for 15, 2004, noting that a project limit- senior housing home. DCAS stated the remainder of the block. Con- ed to the height proposed by the that the lost LIRR parking spaces gresswoman Velazquez spoke of the Borough President would not be could be accommodated on an adja- loss of street retail and noted the economically feasible and Watch- cent City parking lot, which is tem- project included almost as much tower’s other Brooklyn properties porarily in use as a staging area for parking as the recently approved were unsuitable. the Rosedale Station improvements.

December 2004 Volume 1 CITYLAND 35 At the November 30, 2004 City Street. Both sites are between 11th Eleventh Avenues, for construction Council Subcommittee hearing, and 12th Avenues. of a platform over the yard. (See C Council Member James Sanders Jr. With the approval, the size of 040505 PQM.) The platform would stated that his concern over the the building area permitted on the facilitate future private develop- senior housing facility’s proximity West 43rd Street site increased from ment and the City’s construction of to JFK airport had been addressed 90,400 sq.ft. to 542,000 sq.ft. and res- new parks. Further, the rail yard by the developer’s commitment to idential units are now permitted as- transfer would partially enable the soundproof the housing units and, of-right. Verizon plans to sell this No. 7 Flushing Line expansion, consequently, he dropped his property and consolidate its uses on which is proposed to extend from opposition. The full Council the West site. The West to West 41st Street and approved on December 7, 2004. 47th Street area can now increase its Tenth Avenue, then south to West ULURP Process: As lead permitted development size from and Eleventh Avenue. agency, the New York City Office of 286,600 sq.ft. to 716,500 sq.ft. (See C 040504 PQM.) the Deputy Mayor for Economic For the Planning Commission’s With the platform and subway Development and Rebuilding consideration and the ULURP extension as catalysts, the area’s issued a negative declaration on process, see 1 CityLand 21 (Novem- comprehensive redevelopment is August 22, 2003. Queens Communi- ber 15, 2004). envisioned in a cautious and com- ty Board 13 voted to approve on Council: Verizon/West 43rd Street prehensive block-by-block rezoning. August 10, 2004, on condition that Rezoning (C 040249 ZMM); Council: The rezoning would alter the area the developer increase the parking Verizon/West 47th Street Rezoning (C from a primarily low-density manu- and open space, undertake an 040250 ZMM) (November 10, 2004). facturing and commercial zoning expanded traffic study, and provide CITYADMIN (FAR of 5 or 6) to commercial/resi- a written commitment that Com- dential zoning with medium and munity Board residents would high densities (FAR of 15 and 19), receive a priority. Borough Presi- CITY PLANNING COMMISSION ultimately permitting future con- dent Helen Marshall approved on struction of up to 26 million sq.ft. of September 13, 2004, requesting fur- Acquisition/Rezoning new office space and 13.6 million ther evaluation of increased parking Hudson Yards, sq.ft. of new residential space. and opportunities for area residents Under the rezoning, a Special to move into the facility. Hudson Yards applications approved; Sent to Council Hudson Yards District is to be creat- The Planning Commission ed with six detailed, separate sub- approved on October 20, 2004, but New development potential of districts to relate to established noted that it could not require the 26 million sq.ft. of office space and neighborhoods, such as Hell’s developer to grant a priority to 13.6 million sq.ft. of residential; 24 Kitchen. Large-scale commercial Rosedale area residents. acres of parks, a subway extension, development will be centered in a Council: Stone Ridge Homes (Decem- and a new boulevard approved. On new central business district along ber 7, 2004); CPC: Stone Ridge Homes November 22, 2004, the Commis- Eleventh Avenue (from West 30th to (C 040437 PPQ - disposition of land) sion approved the Bloomberg West 41st) and Tenth Avenue (from (October 20, 2004). CITYADMIN Administration’s major urban plan- West 30th to West 36th). This area ning initiative for Manhattan’s Hud- would be restricted to commercial CITY COUNCIL son Yards, the area bounded by development to ensure office space West 30th and West 43rd Streets, is developed. running from Seventh and Eighth Residential development will Rezoning Avenues to Twelfth Avenue. be fostered primarily along Ninth Clinton, Manhattan The ten applications before the Avenue; West 35th to West 41st Council approves Commission would achieve a com- Streets between Ninth and Tenth Verizon’s rezonings prehensive redevelopment plan, the Avenues; and West 34th Street expansion of City services and a between Eighth and Tenth Avenues. West 43rd and West 47th Streets rezoning of the entire area. At the Larger scale residential develop- sites upzoned. On November 10, center of the plan for redevelop- ment would be located along Tenth 2004, the full Council approved ment is the transfer from the MTA to Avenue to create a transition without modification the two appli- the Department of Citywide Admin- between the lower scale mixed-use cations of Verizon New York, Inc. to istrative Services of the 30-acre, buildings in Hell’s Kitchen and the alter the zoning on a 143,300 sq.ft. eastern portion of the Caemmerer higher scale commercial corridor full-block site on West 47th Street Yard, spanning from West 30th to on Eleventh Avenue. Under the new and a 45,200 sq.ft. site on West 43rd West 33rd Streets and from Tenth to text amendments, density of new

36 Volume 1 CITYLAND December 2004 developments could be increased, and subway entrances. The new lin- vices, parking, streets, parks, and among other ways, by including ear park would connect to a park transit to meet the increased need affordable housing in a residential planned for West 41st and West created by new development. All of project or by making a monetary 42nd Streets by a pedestrian bridge these joint actions were approved on contribution to an infrastructure over the Lincoln Tunnel. Finally, a November 22nd. Among these were: fund managed by the Hudson Yards full-block park would be created at • DCAS, Sanitation and the Infrastructure Corporation. the south end of the rezoned area NYPD would develop a combined A farsighted, dramatic aspect between West 29th to West 30th facility with a NYPD tow-pound and of the plan is the proposed creation Streets and Tenth and Eleventh two Sanitation garages, serving of 24 acres of parks and a new City Avenues. (See C 040507 MMM; C Manhattan Districts 2 and 5, to street, called “Hudson Boulevard,” 040508 MMM.) replace the NYPD tow-pound on to extend from West 33rd to West Six other City agencies – Parks, Pier 76 and Sanitation’s facilities on 38th Streets between Tenth and the MTA, the Department of Trans- Gansevoort Street. The combined Eleventh Avenues. Hudson Boule- portation, Sanitation, the Depart- facility would occupy the full block vard would have two 50-ft. wide ment of Citywide Administrative between West 29th and West 30th roadways divided by a new linear Services, and the NYPD – joined with Streets and Eleventh and Twelfth park containing green spaces, trees, Planning for joint execution of the Avenues and, for it, the City would seating, playgrounds, restaurants comprehensive plan to create ser- acquire privately-owned property

M1-5 R8 C6-2 C6-5 C6-7T W. 43RD ST.

C6-7 C6-4 W. 42ND ST. PORT AUTHORITY C6-6.5 C6-7 W. 41ST ST.

QUILL BUS TERMINAL BUS DEPOT W. 40TH ST. M1-5 C6-4

W. 39TH ST. M1-6

W. 38TH ST. C2-8 C2-7A C1-7AC6-4M W. 37TH ST. CONVENTION CENTER M2-3 W. 36TH ST.

W. 35TH ST.

C6-4M W. 34TH ST. C6-4

W. 33RD ST. A 9 C6-4 MADISON E SQUARE TWO T FARLEY PENN

U GARDEN/ BLDG PLAZA O CAEMMERER CAEMMERER PENN R YARD YARD STA C6-6 W. 31ST ST. C6-3X .

W. 30TH ST. C6-3X E A M1-6 USPS V A M1-5 6 R8B M1-6 - H . T 2 E N V

. W. 29TH ST. E C A E USPS V V E H A S T

C6-4 . N H E E T V W. 28TH ST. A . V N A E E E 6 L V T H - E A

R8 T C6-2 2 H H G T C

I W. 27TH ST. N E Proposed Zoning Districts, Hudson Yards Rezoning I Printed with permission of NYC Department of City Planning © NYC Department of City PlanningN All rights reserved

December 2004 Volume 1 CITYLAND 37 currently containing gas stations, •DCAS would acquire ten private mence with the City’s acquisition of parking lots, industrial buildings, lots and 66 easements for the No. 7 lots in 2012. West 35th Street and an art gallery. (See C 040501 Flushing Subway line. DCAS would between Tenth and Eleventh PCM.) sell 36 lots – ten immediately after the Avenues would be eliminated. • DOT and DCAS would acquire subway expansion – to private devel- The Commission held a day- fourteen, privately-owned lots opers for new construction. (See C long public hearing on September between West 34th and West 36th 040504 PQM; C 040506 PQM.) 23, 2004 at which opponents pri- Streets and Eleventh and Twelfth • Parks and Planning, to con- marily argued in favor of requiring Avenues for construction of a 950- struct the parks and Hudson Boule- development of affordable housing space, below-grade parking garage vard, would acquire and displace rather than providing a density on sites currently housing two resi- warehouses, a residential building, bonus to encourage it. dential buildings, a live/work loft, live/work space and one homeless The proposal before the Com- warehouses, lofts and garages. (See shelter. Acquisition and construc- mission did not include either an C 040502 PCM.) tion of the Boulevard and the park approval of a proposed Olympic • DCAS would acquire a 60-ft. system would start first with the Stadium or an expansion of the Jav- wide easement over the Lincoln portion between West 33rd and West its Convention Center. The pro- Tunnel for construction of a pedes- 36th Streets, which is planned for posed new zoning would, however, trian bridge connecting proposed completion by 2012. The extension permit both actions to be taken open spaces. (See C 040503 PQM.) to West 38th Street would com- should projects go forward. During the hearing process, the New Applications Filed with DCP - Oct. 27- Dec. 1, 2004 City modified the proposal in response to the Community Boards’ APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE and Manhattan Borough President ZONING TEXT AND MAP AMENDMENTS C. Virginia Fields’ proposals to lower E. Firehouse Elizabeth Firehouse, MN Mod. rules for new penthouse 050156ZAM Capalino & Co. density along , concen- (Not Available) 2008 Westchester, BX Rezone for new apt. bldg. 050172ZMX Agusta Group trate larger buildings along West 70 Wyckoff LLC 70 Wyckoff Ave., BK Rezone (M1-1 to R6/C2-4) 050192ZMK Herruck Reinstain 33rd Street, remove the blocks City Planning Bayside Rezoning, QN Rezone (R2, R3-1, R3-2 to R4A); & 050149ZMQ; City Planning change ht./FAR rules (Citywide) 050148ZRY south of Penn Station from the City Planning Springfield Rezoning, QN 68-blocks (R3-2 to R3X, R3-1) 050194ZMQ City Planning action, and increase the permitted City Planning Kissena Rezoning, QN 40-blocks (R3-2 to R3X, R3A, R2) 050195ZMQ City Planning residential square footage, among Lawrence Avroch 58-37 Francis L. Blvd., QN Rezone for new parking garage 050171ZMQ Agusta Group others. The Commission voted to Rose Connection 130 Horace Harding, QN Conform existing store to zoning 050190ZMQ Sheldon Lobel approve on November 22, 2004. City Planning Kew Gardens Rezoning, SI Rezone 140-block area 050153ZMQ City Planning Chair Amanda M. Burden CM Oddo, Lanza Oakwood Rezoning, SI Rezone 28 blocks (R3-1 to R2) 050180ZMR Oddo, Lanza called the combined applications a Councilman Lanza Prince's Bay Rezoning, SI Rezone 20 blocks 050186ZMR Councilman Lanza “visionary blueprint,” stating that Clement Marotte 56 William Ave., SI Text amend. for 1-family home 050181ZRR Zone Architect. the ten related actions were neces- OTHER ACTIONS sary for New York City to secure its DCP/DCAS Chelsea High Line, MN Selection/acquisition for park; 050163PCM; DCP/DCAS share of the region’s anticipated Map amendment; 050162ZMM; Text amendment 050161ZRM future growth, and that, in her Lincoln Center 140 W. 65th St., MN Signage on W. 65th St.; 050170GFM; Kramer Levin opinion, the Hudson Yards rezon- Text amendment for signs; 050169ZRM; ing is the most ambitious plan for Mod. to permit for garage 860382EZSM the City since the 1811 grid plan. HPD 137 E. 89th St., MN UDAAP,sell garage to tenant 050159HAM HPD Both Vice Chair Kenneth Knuckles DOS/DCAS E. 91st St., MN Select/acquire for transfer station 050173PCM DOS/DCAS and Commissioner Angela R. Cav- HPD 40 W. 116th St., MN UDAAP,249 low-income units 050164HAM HPD aluzzi stated that the rezoning did DCAS/SBS 260 W. 125th St., MN Disposition to EDC 050189PPM DCAS/SBS not go far enough, specifically with DOT E. 181st St., BX Discontinue E. 181st St. 050187MMX DOT affordable housing, but, voted to ACS/DCAS 2340 Cambreleng, BX Continue use as day-care 050193PQX ACS/DCAS approve, stating that its benefits DOS/DCAS Marine Transfer Stations Site Selection: 120 31st Ave., QN; 050174PSQ; DOS/DCAS 1824 Shore Pkwy., BK; 050175PSK; outweighed its faults. 488 Hamilton Ave., BK 050176PSK Commissioner Karen A. Phillips, HPD Riverdale Apt., BK UDAAP,senior housing 050160HAK HPD characterizing the actions as the “tail G.J. Dev. Corp. Jamaica Dev. Project, QN Allow community facility 020249AZSQ Howard Goldman wagging the dog,” was the sole vote DCP/QBP Hamilton Beach, QN Est. pedestrian ways on map 050191MMQ DCP/QBP in opposition. Commissioner CPP Dev., LLC 109-09 15th Ave., QN Waterfront access - 6-story apts. 050157ZCQ J. Morsellino Phillips voted against all of the appli- DEP/DCAS South Beach, SI Acquire (80 lots) - water system 050154PCR DEP/DCAS cations except for the City’s acquisi- Sisters LLC 156 Corson Ave., SI Lot split for 4, 1-family homes 050158ZCR Lo Bue & Valen. tion of lots for the Sanitation

38 Volume 1 CITYLAND December 2004

garage/NYPD tow-pound and the CPC: Hudson Yards (C 040499(A) ZMM – acquisition of the Caemmerer Yard zoning map amendment); (N 040500(A) to facilitate the development plat- ZRM – text amendment); (C 040501 PCM- form. Phillips made it clear that she acquisition for sanitation garage/tow- supported the expansion of Javits pound); (C 040502 PCM – acquisition for and the NY 2012 application, but public parking garage); (C 040503 PQM – stated that she felt a proposed stadi- easement acquisition for pedestrian um for the 2012 Olympics could be bridge); (C 040504 PQM – acquisition of located elsewhere. property for subway); (C 040505 PQM – acquisition of Caemmerer Yard); (C ULURP Process: As co-lead 040506 PPM – disposition of 36 lots); agencies, the Planning Commission (040507 MMM – City Map change for and the MTA prepared a Draft Hudson Boulevard); (C 040508 MMM – Generic Environmental Impact City Map change for park) (November 22, Statement, held a public meeting 2004). CITYADMIN on June 6, 2003, and issued a Notice of Completion on June 21, 2004. The CITY PLANNING COMMISSION final environmental study was filed as complete on November 8, 2004. Special Permit/Rezoning On June 21, 2004, the Planning 400 South: view looking southwest , Manhattan Printed with permission of Atelier Christian de Commission sent all ten Hudson Portzamparc, Gary Handel + Assoc. Yards applications to Community 40-story Park Ave South resi- Board 4. It also sent the three applica- dential building approved To permit its varied facade, the tions, which affected it, to Communi- development necessitated a special ty Board 5. Community Board 4, fol- Building, designed by Christian permit and a text amendment from lowing its two public hearings on de Portzamparc, will include a the Planning Commission to modi- August 3 and August 11, 2004, issued redesigned subway entry. 400 Park fy height and setback regulations, a 41-page commentary on the appli- Avenue South, LLC sought a special the distance between buildings, cations, approving with conditions permit and text amendment to windows, lot lines, and court regu- only the zoning map amendment, develop a 475-foot, 40-story resi- lations. A zoning map amendment, the acquisition of property for the dential building on the southwest altering the C5-2 and the C6-4A Dis- sanitation garage/tow pound, and corner of East 28th Street and Park tricts to a C5-3, was also required to the new full-block park at West 29th Avenue South. The 417,544 sq.ft. allow for an increase in permitted to West 30th Streets and Tenth and building will have street-level retail floor area from a maximum of Eleventh Avenues. Community space, and include the relocation 302,813 sq.ft. to 523,574 sq.ft. Board 5 disapproved the text and and redesign of the 28th Street Lex- The proposed text amendment map amendments, but approved the ington Avenue subway entrance. will impact large lots with a floor City’s acquisition of property for the The 19,279 sq.ft. L-shaped site area ratio of 15 in three other areas No. 7 Flushing Subway line extension. is currently occupied by an at-grade of the City: a four-block area The Manhattan Borough Presi- public parking lot and an eight- bounded by Madison, Park Avenue dent C. Virginia Fields submitted story office building, which will be South, East and East her recommendations to approve demolished. 27th Street; Park Avenue from East all, adding lengthy conditions to the Designed by French architect 32nd Street to the mid-block of East rezoning proposal and the acquisi- Christian de Portzamparc, the pro- 34th and East 35th; and a three- tion of land for the subway. The Bor- posed new building will, at the base block area in the Court Square Sub- ough President’s concerns were along Park Avenue and 28th Street, district of , Queens. largely related to affordable hous- seem to break up and rise into four At the October 20, 2004 public ing, density, transportation, con- separate building structures; two hearing, Portzamparc, who also demnation, jobs, and the final oper- relating orthogonally at right angles designed the iconic Louis Vuitton ation of the Hudson Yards Infra- to the street and each other, and the headquarters on West , structure Corporation, a financing other two rising at irregular, testified that the building’s oblique vehicle for the development. The oblique, angles into a multi-faceted and orthogonal planes, designed to Borough Board considered the text building edge. The final distinctive imitate the structure of crystal, and map amendment, approving feature is the new subway entrance related to other buildings along the only the map amendment. at East 28th Street, which is street and drew the eye vertically to City Council’s public hearing designed to allow natural light to the angled top, which comple- and review is pending. penetrate into the subway platform. mented the neighboring skyscrap-

December 2004 Volume 1 CITYLAND 39 budget is projected at $190,000, CITY PLANNING COMMISSION with almost half, $89,000, allocated towards six-day weekly sidewalk Business Improvement District cleaning, garbage pick-up and graf- East 161st Street, Bronx fiti removal. The budget will come Yankee Stadium area from an assessment on commercial gets new BID property owners of $32.97 for each linear front foot and $29 for each BID will address sanitation $1,000 of assessed valuation. Resi- and security problems and increase dential property owners will be marketing for the area’s attractions. assessed $1 a year. The Planning Commission unani- At the October 6, 2004 Com- mously approved a new BID in the mission hearing, a representative of East 161st Street corridor in the the BID’s Steering Committee stat- Bronx, which will encompass Yan- ed that the area’s sanitation and kee Stadium, Concourse Village, security problems were aggravated County courthouses, as by pedestrian and car traffic to the Street-level view of 400 Park Avenue South well as existing one-story fast-food Bronx courts. The Commission Printed with permission of Atelier Christian de restaurants and street-level retail. approved the BID as submitted on Portzamparc, Gary Handel + Assoc. The BID is proposed to extend November 3, 2004, with Commis- along East 161st Street, from River sioner Alfred C. Cerullo abstaining. Avenue on the west to Morris The Commission found that the ers. Council Member Margarita Avenue on the east. BID would be an effective econom- Lopez spoke enthusiastically in The BID proposal, which cul- ic development mechanism that support of the project design and of minated nine years of community would strengthen existing busi- her fondness for the redesigned efforts, will focus on remediation of nesses and attract new ones. subway entrance. East 161st Street’s graffiti, litter and BID Approval Process: The The Commission unanimously security problems. The first year’s Department of Small Business Ser- approved the project on November 17, 2004, finding that the height and setback modifications improved City Planning Comm. ULURP Certifications the distribution of the floor area PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED permitted on the site, and noting 45 Lispenard St. Special permit for lofts MN 1 040163ZSM 11/1/2004 that a building of the same size built 713 Park Ave. Special permit for office use MN 8 050096ZSM 11/1/2004 with no code exceptions would be FDNY Engine 201 Site selection/acquisition of property BK 7 030527PQK 11/1/2004 almost 200 feet taller. Further, the size of the residential building, Kew Gardens Zoning map change QN 9 050153ZMQ 11/1/2004 Bayside Rezoning Zoning map and text amendments QN 11 050149ZMQ; 11/1/2004 allowed by the map change, was 050148ZRY appropriate because the site was Warnerville Site selection for wastewater station QN 13 050017PSQ 11/1/2004 well-served by transit. C. Drew Day Care Site selection/acquisition of property QN 13 050045PQQ 11/1/2004 ULURP Process: The Planning Lemon Creek Sewer Site selection/acquisition of property SI 2,3 050029PCR 11/1/2004 Commission, as lead agency, issued Sweetbrook Bluebelt Site selection/acquisition of property SI 3 050067PCR 11/1/2004 a negative declaration on August 9, Monterey Garage UDAAP/disposition of parking garage MN 7 050159HAM 11/15/2004 2004. Community Board 5 voted Waste Mgmt. Plan Site selection/acquisition of property MN 8 050173PCM 11/15/2004 unanimously to approve on Sep- tember 9, 2004, and Borough Presi- The Kalahari UDAAP/249 units; disposition MN 10 050164HAM 11/15/2004 dent C. Virginia Fields approved on Riverdale Apartments UDAAP/61-units senior housing BK 16 050160HAK 11/15/2004 September 27, 2004. 110 Livingston St. Special permit for public parking facility BK 2 050095ZSK 11/15/2004 Waste Mgmt. Plan Site selection for marine transfer stations BK 7 050175PSK; 11/15/2004 CPC: 400 Park Avenue South (C 040495 BK 11 050176PSK; ZSM - special permit for height, court, QN 7 050174PSQ yard and setback); (C 040496 ZMM - map Mart 125 Disposition of property to EDC MN 10 050189PPM 12/6/2004 amendment); (N 040497 ZRY - text 677-691 Fulton St. Zoning map change (R6/C1-3 to R6/C2-4) BK 2 040509ZMK 12/6/2004 amendment) (November 17, 2004) (Jay 416-426 Willis Ave. Site selection/acquisition of property BX 1 040413PCX 12/6/2004 Segal, Esq, Greenberg Traurig, LLP, for 400 Flushing Sav. Bank Zoning map change (C1-2 overlay) QN 7 040043ZMQ 12/6/2004 Park Avenue South, LLC; Christian de Portzamparc, Gary Handel + Associates). Kissena Park Zoning map change (R3-2 to R2/R3A/R3X) QN 7 050195ZMQ 12/6/2004 CITYADMIN Springfield Gardens Zoning map change (R3-2 to R3X/R3-1) QN 12 050194ZMQ 12/6/2004

40 Volume 1 CITYLAND December 2004

vices, as lead agency, issued a nega- building’s foundations. Goldman, Emily Simons, for Arlington tive declaration on April 28, 2004, Both developers filed timely Suites; Charles G. Moerdler, for Com- and submitted the BID plan to extension applications but faced munity Board 8); 640 West 237th Street Mayor Bloomberg, Bronx Borough significant opposition at their (333-04-BZY) (December 7, 2004) (Gary R. Tarnoff, Kramer Levin, Naftalis & President Adolfo Carrion, Bronx November 9, 2004 BSA hearings Frankel LLP for 3618 LLC; Charles Community Board 4, and the offices from Council Member Oliver Kop- Moerdler for, Community Board 8). of Council Members Helen Foster, pell, Assembly Member Jeffrey CITYADMIN Jose Serrano and Council Speaker Dinowitz, State Senator Eric Gifford Miller. Schneidermann and Community Community Board 4 unani- Board 8, among others, testifying BOARD OF STANDARDS mously approved on September 28, in opposition. & APPEALS 2004. Both the Mayor and the City Opponents argued that the Council must now hold public developers sought to “beat the Special Permit hearings prior to its final approval. clock” by seeking permits at the Midtown, Manhattan Council’s Finance Committee last hour and by accelerating exca- review is pending. vation and foundation work, and Ten-year permit for health and beauty spa granted CPC: 161st Street BID (N 050063 BDX) that the buildings undermined CITYADMIN eight years of community work (November 3, 2004). Spa allowed in cellar of build- towards more restrictive height ing in Little Korea. BSA approved a limitations. BSA noted that under special permit for a spa to be locat- the zoning resolution’s strict test it BOARD OF STANDARDS ed in the cellar of an existing 12- could not consider the opponents’ & APPEALS story building on the north side of “bad faith” arguments, and found West 37th Street between Fifth and that the facts surrounding issuance, Building Permits Sixth Avenues in Manhattan. The excavations and foundations met Riverdale/Spuyten Duyvil, Bronx building, located in an M1-6 Dis- the required test. trict, currently contains a restau- Permits extended due to sub- With 3220 Arlington Avenue, rant, retail store, office space and stantial progress on foundations the construction permit was lawful- manufacturing uses. Prior to seek- ly issued on June 17, 2004, excava- Work to continue on 19 and 13- ing the special permit from BSA, tion was completed on September story buildings in recently rezoned the Department of Buildings grant- 24, 2004, and substantial progress Bronx neighborhood. On December ed a work permit to convert the cel- on the foundations was met by the 7, 2004, BSA granted two permit lar to a spa from its previous use as developer’s evidence that 82.4% of extensions, allowing work to con- a dance studio, but the permit was the foundation concrete was tinue on two new developments revoked pending BSA approval poured, 90% of the total foundation that will exceed the height limita- after Manhattan Community Board cost was spent and only 10 days tions set by the City Council’s Sep- 5 voiced concerns about the legiti- remained to finish the foundation tember 2004 approved rezoning in mate purpose of the spa. work. For 640 West 237th Street, BSA the Bronx. At the BSA hearings, there was found that the two permits were On September 28, 2004, the strong opposition by area residents, both lawfully issued, the excavation City Council rezoned a 30-block area business owners, representatives of permit on August 30, 2004 and the of Central Riverdale and Spuyten Community Board 5, and the Mid- building permit on September 10, Duyvil, which restricted new build- town Business Improvement Dis- 2004. The excavation was complet- ings to six or seven-story heights. 1 trict. They argued that the spa, ed by September 13, 2004, and the CityLand 4 (2004). Work on two which proposed massage, mani- developer had made substantial developments, a 19-story building at cures and skincare services, could progress on the foundation with the 640 West 237th Street and a 13-story be a front for a different type of completion of six of the seven need- structure at 3220 Arlington Avenue, establishment. Commissioner Peter ed footings, 83% of the concrete was required to stop on September Caliendo explained that BSA could poured, and 98% of the excavation 28th. However, under the zoning res- not deny a special permit based on and foundation cost expended. olution, these developers had 30 pure speculation. Furthermore, For both buildings, BSA granted days to apply to BSA for an exten- Commissioner Joel A. Miele noted permit renewals and a six-month sion. To grant the extension, BSA had that in cases where complaints were extension to complete the foundation, to find that, prior to the rezoning, a received after a permit was granted, which is set to expire on June 7, 2005. lawful permit was issued, excavation BSA had inspected the establish- work was completed, and substan- BSA: 3220-3228 Arlington Avenue (330- ment, held a hearing and success- tial progress was made on the new 04-BZY) (December 7, 2004) (Howard fully revoked the special permit.

December 2004 Volume 1 CITYLAND 41 Chair Meenakshi Srinivasan night, and conditioned the special questioned the applicant about the permit on the submission of BOARD OF STANDARDS spa’s late hours of operation, and licenses for all employees perform- & APPEALS the applicant responded that the ing massages prior to any issuance midnight closing time was set sole- of a certificate of occupancy by Variance ly to compete with other area spas, Buildings. Williamsburg, Brooklyn which have similar hours. BSA granted the permit for 10 BSA: 5/9 West 37th Street (173-04-BZ) 42 residential units approved years, limited the hours of opera- (November 23, 2004) (Eric Palatnik, after a two-story reduction tion from 10:00 a.m. to 12:00 mid- Esq., for Eunjoo Kim). CITYADMIN Existing wooden-floor building will be demolished. Stressing unique New Applications Filed with BSA - Nov.1 - Dec. 10, 2004 construction costs and structural APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE weaknesses, BSA approved a vari- VARIANCES ance for a new five-story, 42-unit

Greenwich Tower 637 Greenwich St., MN Residential in M1-5 dist. 354-04-BZ Friedman & Gotbaum residential building on Union Avenue and Withers Street in a Micro Realty LLC 246 Front St., MN Variance (bulk) for residential 374-04-BZ Greenberg Traurig LLP manufacturing zone in Williams- (Not Avail.) 302-10 N. 7th St., BK Residential use in M district 355-04-BZ Slater & Beckerman burg. The 15,545 sq.ft. site currently 6002 F.H.Ptnrs. 6002 Ft. Hamilton, BK Residential use in M district 363-04-BZ Herrick, Feinstein contains a vacant two-story, wood- New Lots LLC 690 New Lots Ave., BK Commercial in residential dist. 364-04-BZ Sheldon Lobel, P.C. en-floor manufacturing building

Zvi Realty LLC 83 Bushwick Place, BK Residential use in M district 381-04-BZ Sheldon Lobel, P.C. that will be demolished for the new development. The original Designs by FMC 1527-29 60th St., BK Expand manuf. facility (FAR) 375-04-BZ Greenberg Traurig LLP application sought approval for a H. Rutkowska 94 Kingsland Ave., BK Residential bldg. in M1-1 dist. 378-04-BZ Sheldon Lobel, P.C. seven-story, 60-unit development H. Rutkowska 107 Debevoise Ave., BK Residential bldg. in M1-1 dist. 379-04-BZ Sheldon Lobel, P.C. with 24 parking spaces, which Charles Howard 707 Cross Bay Blvd., QN Variance for medical building 357-04-BZ Alfonso Duarte would have been 62 ft. in height

Parsons Estates 75-48 Parsons Blvd., QN 3-story residential building 361-04-BZ Eric Palatnik, P.C along the street.

South L.I. Realty 25-84 31st St., QN 3-story commercial 362-04-BZ Agusta Group The developer, pointing to a structural engineer’s study, argued Brendan McCartan 57-69 69th St., QN 2-family home (FAR, yard, parking) 373-04-BZ Fredrick A. Becker that the existing structure was too BK Corporation 32-12 23rd St., QN Legalize community facility 380-04-BZ Sheldon Lobel, P.C. weak to support the additional sto- PSCH, Inc. 22-44 119th St., QN Variance (loading, parking) 386-04-BZ Rothkrug Rothkrug ries needed to make the building R. Randy Lee 1845 Richmond Ave., SI Retail use in R3-1 352-04-BZ Eric Palatnik, P.C. economically viable as either man- Walter Stojanowski 38 Zephyr Ave., SI Enlarge 1-fam. home 360-04-BZ Marcus Marino ufacturing or commercial, and that the site’s proximity to the subway Robert Perretta 8 Lawn Ave., SI 1-fam. home (lot, width, yard) 372-04-BZ Rothkrug Rothkrug line substantially increased con- SPECIAL PERMITS struction costs due to require- RFD 55th St. LLC 60 E. 55th St., MN Legalize spa/gym, The Core Club 356-04-BZ Kramer Levin ments set by the New York City Hillel Kirschner 1271 E. 28th St., BK Enlarge 1-fam. home (FAR, yard) 371-04-BZ Eric Palatnik, P.C. Transit Authority. Alfred Sayegh 1425 E. 24th St., BK Legalize 1-fam. home (FAR, yard) 359-04-BZ Eric Palatnik, P.C. At the hearings, BSA agreed Billy Ades 2026 Ave. T, BK Enlarge 1-fam. home (FAR, yard) 382-04-BZ Eric Palatnik, P.C. that the site’s proximity to the sub- way, in part, created a hardship, Stahvav Realty 210-08 Northern Blvd., QN Reduce parking requirement 351-04-BZ Agusta Group but cautioned the developer that Medident Corp. 18 Francis Lewis Blvd., QN Extend use variance (office) 353-04-BZ Rothkrug Rothkrug the seven-story development did Charles Howard 728 Cross Bay Blvd., QN Off-site accessory parking 358-04-BZ Alfonso Duarte not relate to the neighborhood’s Israel Family Realty 46-21 Greenpoint Ave., QN Legalize gym 383-04-BZ Anthony Cucich three and four-story buildings. APPEALS After two reductions, BSA approved the design of a four-story 42 ft. Sunrise Hospitality, LLC 56th & 57th Ave., QN Five, 3-story bldgs. 365-04-A– Petraro & Jones LLP 369-04-A building along the street with 21 Edgewater Develop. 1511 Egmont Pl., QN 1-fam. home in mapped st. 370-04-A Rothkrug Rothkrug parking spaces and a fifth floor penthouse reaching a total build- Breezy Point Co-Op 37 Jamaica Walk, QN Enlarge 1-fam. home 384-04-A Gary Lenhart, R.A. ing height of 54 ft. Breezy Point Co-Op 2 Deauville Walk, QN Enlarge 1-fam. home 385-04-A Gary Lenhart, R.A.

Al Sala 238 Billiou St., SI 1-fam. home not on mapped st. 376-04-A Robert A. Caneco BSA: 525 Union Avenue (186-03-BZ) (November 23, 2004) (Jordan F. Most, Al Sala 240 Billiou St., SI 1-fam. home not on mapped st. 377-04-A Robert A. Caneco Sheldon Lobel, P.C.). CITYADMIN

42 Volume 1 CITYLAND December 2004 Misrahi appealed to BSA, claim- BOARD OF STANDARDS ing that the building was “unstable & APPEALS and could collapse at any time.” BSA denied the appeal, determining the Variance building was not in danger of col- Far Rockaway, Queens lapse following a site visit in which it found no significant cracks in the Variance for carwash denied BAYSWATER PARK walls or chimneys, no bulging in the walls and only slightly unaligned Developer failed to show residen- NORTON BASIN floors. BSA also rejected arguments tial use was infeasible on large Queens that the building could not be site. On December 7, 2004, BSA repaired with tenants present. BSA denied a variance application for an noted that it appeared Misrahi had automatic car wash proposed for 34- SEA delayed repairs out of a desire to gut 11 Rockaway Boulevard at the corner GIR T the entire building. of Sea Girt Boulevard in Queens, a C2- 2(R6) zone. Residential and retail use, Site of denied carwash at BSA: 11 Essex Street (243-04-A) but not car washes, would be permit- 34-11 Far Rockaway Boulevard (December 7, 2004). CITYADMIN ted as-of-right on the site, a 37,255 sq.ft. lot with a 206 ft. street frontage applicant’s site valuation was BOARD OF STANDARDS along Far Rockaway Boulevard and “impermissibly inflated,” because its & APPEALS 121 ft. frontage on Sea Girt Boulevard. $1,125,000 total was arrived at by The applicant argued that the lack of valuing the land at $250,000 and Variance direct access to the Rockaway Free- counting the value of the land again Williamsburg, Brooklyn way made both uses economically when determining the value of the infeasible. The applicant also claimed two buildings. BSA stated that the Five-story residential that the site’s irregular shape, as it “double-counting” incorrectly building okayed narrowed from 225 ft. to 121 ft., made skewed the potential rate of return of a residential use unworkable. a permitted use. Variance will allow new residen- At the hearings, BSA requested tial building on irregularly-shaped, BSA: 34-11 Far Rockaway Boulevard (364- that the applicant submit economic 03-BZ) (December 7, 2004) (Rothkrug shallow lot. BSA approved a use vari- studies of different residential devel- Rothkrug, for car wash). CITYADMIN ance for the construction of a five- opments that could be built as-of- story residential building with 13 resi- right. The applicant submitted an 11- dential units and seven parking unit scenario for the 37,255 sq.ft. lot, BOARD OF STANDARDS spaces in an M1-1 zoning district. The claiming that, with the lack of freeway & APPEALS building will be located on a 15,840 sq. access and the odd site size, 11 units ft. vacant lot on the west side of Have- were the maximum workable unit Appeal meyer Street between Metropolitan number. Chair Meenakshi Srinivasan Lower East Side, Manhattan Avenue and Hope Street in Brooklyn. expressed doubt as to the analysis Owner claimed building The original proposal called for a and commented that the applicant in danger of collapsing taller, bulkier building, which was failed to submit requested evidence reduced in size to address BSA’s con- such as a showing that the construc- Owner could not vacate tenants cerns about the building’s consistency tion costs were as high as alleged or of 11 Essex Street. Sion Misrahi, the with the surrounding area. that the site’s alleged high water table owner of 11 Essex Street, a five-story At the BSA hearings, the appli- increased development costs. residential building with ground cant pointed to the site’s irregular BSA denied the variance, find- floor retail, made multiple requests shape, and argued that one third of ing that the applicant failed to show to Buildings asking for an order to the lot had a shallow depth of only 50 that the odd-shaped site compro- vacate the building to enable its ft., that the neighborhood was pre- mised the income that could be gen- repair in response to an Environ- dominantly residential, and that the erated by an as-of-right develop- mental Control Board “failure to lot itself had a history of residential ment. BSA, noting that a residential maintain” notice. After sending engi- use. Sanborn Maps confirmed that use seemed less impacted by the lack neers to investigate the building, from 1887 to 1965 the site contained of freeway access than retail, found Buildings denied the request, find- three residential dwellings, which had that the developer’s studies did not ing that the building did not pose an been demolished in 1978, and that maximize the potential residential imminent danger, a required finding the site had since remained undevel- unit number. Further, BSA found the to issue the notice. oped. BSA conducted a site visit and

December 2004 Volume 1 CITYLAND 43 agreed with the applicant, concluding Landmarks – Nov./Dec. Hearings that the irregular shape and shallow FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS depth of the lot would make uses per- ADDRESS LANDMARK HISTORIC DISTRICT DESCRIPTION CASE APP’D mitted in the M1-1 zoning difficult to November 9, 2004 accommodate, and that the proposed 52-54 Walker St., MN Tribeca East HD Legalize installation of windows 05-1948 No building was compatible with the 452 Greenwich St., MN Tribeca North HD Legalize work not in COFA #00-6910 04-8144 In part prevalent residential uses in the area. 433-439 , MN SoHo-Cast Iron HD Legalize paving and enclosures 04-7600 No The site is part of City Planning’s Green- 640 Broadway, MN NoHo HD Legalize cellar entrance 03-7567 No point-Williamsburg rezoning proposal, 271-73 W. 4th St., MN Greenwich Village HD Replace windows 03-6697 No which is currently undergoing review, 2-8 9th Ave., MN Gansevoort Market HD Legalize replacement of canopy 04-5952 W/Mod 4-10 W. 21st St., MN Ladies’ Mile HD New 18-story apartment building 05-2262 Yes and under the proposal would be 50 W. 23rd St., MN Ladies’ Mile HD Legalize flagpoles and banners 05-0666 No rezoned to a M1-2/R6 district. 27 W. 72nd St., MN UWS/ West HD Front doors, garage doors, curb cut 05-2537 Yes BSA: 90 Havemeyer Street: (343-03-BZ) 339 W. 71st St., MN West 71st Street HD Roof-top and rear yard additions 04-8059 Yes 188 Columbia Heights, BK Brooklyn Heights HD Legalize replacement of sidewalk 05-1999 Yes (November 9, 2004) (Janice Cahalane, 31 Prospect Park West, BK Park Slope HD Construct rear yard addition 05-0785 Yes Sheldon Lobel, P.C., for Pasquale 14 7th Ave., BK Park Slope HD Legalize installation of windows 04-3331 No Pescatore). CITYADMIN 54 7th Ave., BK Park Slope HD Legalize alterations, 1st-2nd floors 04-6172 W/Mod 37-54 83rd St., QN Jackson Heights HD Legalize fence and entrance doors 05-0067 No 37-55 78th St., QN Jackson Heights HD Legalize door, fence & gate 05-2311 No LANDMARKS PRESERVATION November 16, 2004 82-92 Beaver St., MN Beaver Building Infill/canopy/lights/railings/HVAC 05-1276 Yes COMMISSION 79 Chambers St., MN Tribeca South HD New storefront 05-1733 Yes 34 White St., MN Tribeca East HD Install storefront infill and signage 05-1637 Yes Certificate of Appropriateness 250-252 W. 10th St., MN Greenwich Village HD New bulkhead, railing, dormer 03-7315 Yes Flatiron, Manhattan 421 W. 14th St., MN Gansevoort Market HD Replace storefront 05-0262 Yes 16 W. 22nd St., MN Ladies’ Mile HD Modify storefront and entrance 05-1288 Yes New 18-story building 186 Fifth Ave., MN Ladies’ Mile HD Legalize storefront infill 04-3296 Yes approved for West 21st Street 595 Madison Ave., MN The Fuller Building Amend storefront master plan 05-1280 Yes 27 E. 62nd St., MN Upper East Side HD Install signage and awning 04-6789 No Modern apartment building in 823 Park Ave., MN Upper East Side HD New rooftop and rear yard additions 05-1606 Yes traditional manufacturing district 59 W. 94th St., MN UWS/Central Park West HD Legalize bulkhead & rear yd. add. 05-1150 Yes 1150 Fifth Ave., MN Carnegie Hill HD Modify PH terrace/install railings 05-1865 Yes approved. The Brodsky Organization 234 Hollywood Ave., QN Douglaston HD Side yard addition and windows 04-7785 Yes applied for a permit to build an 18- 25-25 West Dr., QN Douglaston HD Enlarge garage and new additions 05-1188 W/Mod story apartment building in the 236-24 38th Rd., QN Douglaston HD Modify design of house 05-1450 Yes Ladies’ Mile Historic District on a November 23, 2004 vacant lot at 4-10 West 21st Street, 377 Greenwich St., MN Tribeca West HD Amend design of new hotel 05-1324 Yes which had been rezoned in August 315 Bleeker St., MN Greenwich Village HD Legalize awning 03-4972 W/Mod 600 Broadway, MN SoHo-Cast Iron HD Legalize signage 05-2016 No 2004 to permit as-of-right residential 440-442 W. 14th St., MN Gansevoort Market HD Roof-top and rear yard additions 05-3026 Yes development. Hugh Hardy, of 95 Fifth Ave., MN Ladies’ Mile HD Replace storefront 05-3027 Yes H3Hardy Collaboration Architecture, 22 W. 21st St., MN Ladies’ Mile HD Replace storefront 05-0452 Yes LLC, designed the 93,000 sq.ft. build- 4 W. 22nd St., MN Ladies’ Mile HD Legalize signage 05-2375 No ing to contain 62 apartment units, 20 E. 69th St., MN Upper East Side HD Alter storefront 05-2978 No 105 parking spaces and 6,000 sq.ft. of 104 W. 71st St., MN UWS/Central Park West HD Legalize storefront 05-2376 No 322 Central Park W., MN UWS/Central Park West HD Master Plan for AC/Windows 05-2689 Yes retail space. Hardy characterized the 328 Convent Ave., MN Hamilton Heights HD Legalize alteration of stoop 04-1707 Yes process of designing a new building December 7, 2004 within a historic district as a balanc- Heckscher Bldg., MN Central Park, Scenic Landmark New door openings & rooftop add. 05-3291 Yes ing act, trying to “honor tradition 20 Greene St., MN SoHo-Cast Iron HD Alter rear facade 05-3292 No without being trapped by it.” 210 W. 10th St., MN Greenwich Village HD Legalize installation of storefront 05-0988 No The design responds to the 73 W. 11th St., MN Greenwich Village HD Legalize installation of windows 04-4379 No materials and the traditional grid 428-432 W. 14th St., MN Gansevoort Market HD Install new infill and signage 05-2594 W/Mod design of the surrounding historic 2-8 9th Ave., MN Gansevoort Market HD Modify illegal canopy 05-3293 Yes lofts, but implements a secondary 44 9th Ave., MN Gansevoort Market HD Remove and replace roof dormers 05-2994 W/Mod asymmetrical grid, which “slides 21 Gramercy Park S., MN Gramercy Park HD Master Plan for through wall AC 04-7192 Yes over” the traditional one. Community 1050 Fifth Ave., MN Carnegie Hill HD New window opening 05-2874 Yes Board 5 and the Municipal Art Society 33 E. 63rd St., MN Upper East Side HD Alter facade and rooftop addition 05-1593 Yes both supported the modern design, 813 Park Ave., MN Upper East Side HD New facade, new canopy/infill/mech. 05-2166 W/Mod but the Historic Districts Council and 21-23 S. William St., MN Stone Street HD New rooftop, windows, balconies 04-8117 Yes Jack Taylor of the Drive to Preserve Bold indicates the decision is covered in this issue. Ladies’ Mile objected to the “chaotic”

44 Volume 1 CITYLAND December 2004 LANDMARKS PRESERVATION LANDMARKS PRESERVATION COMMISSION COMMISSION

Certificate of Appropriateness Permit Denied Clinton Hill, Brooklyn SoHo, Manhattan Carriage-house replication SoHo ad must come down P rinted with permission of H3H approved in Clinton Hill Vinyl wall advertisement installed without approval. In New two-story house okayed response to a June 2, 2004 warning for vacant lot. Geoffroi Flournoy, of letter, the owner of 600 Broadway, an BRP Development Corp., sought 1883 loft building located in the Landmarks approval to build a two- ar SoHo-Cast Iron Historic District, dy Collabor story, red-brick building at 302 sought to legalize the installation of a Waverly Avenue, a vacant lot in the Steve Madden vinyl wall advertise- ation A Clinton Hill Historic District, ment installed on the buildings’ r chitectur Brooklyn. Following three public north wall without Landmarks’ hearings in 2001 through 2003, the approval. Landmarks issued permits e,

LL new building was approved based

C to 600 Broadway in the past for wall on the design’s replication of other advertisements including a 47’ x 55’ two-story carriage houses within 4-10 West 21st St.: Hugh Hardy design sign at the east end of the north wall. approved for Flatiron District the district. Landmarks denied the permit, In approving, Landmarks finding the sign was not in keeping asymmetrical infill pattern and use of noted that the design’s proposed with other wall signs in the district. bay windows as disruptive to the his- cornice, red brick and large wooden Noting the size and color palette, it toric district. garage door related to the existing found that the advertisement Landmarks approved the carriage houses on Waverly Avenue would overwhelm the scale of the design. Commissioner Richard and were in keeping with the his- building and the streetscape. Land- Olcott, who voted to approve, com- toric district. Further, the new marks felt that the juxtaposition of mented that the design takes a classi- building would only be slightly visi- the new sign with the previously cal system, but interprets it like “jazz.” ble from Clinton Avenue, which approved DKNY painted wall sign, The permit’s issuance is pending contains several notable mansions still in place, would detract from the approval of final plans by Landmarks. once owned by the Pratt family. historic district. LPC Item No. 3, Case No. 05-2262, 4-10 LPC: 302 Waverly Avenue (COFA#05- LPC: 600 Broadway (Permit Denial No. 05- West 21st Street (November 9, 2004). 2828) (October 15, 2004). CITYADMIN 3749) (November 23, 2004). CITYADMIN

600 Broadway: unapproved wall ad (left) found not in keeping with previously approved DKNY ad (right). Photos: Jeffrey Ocasio

December 2004 Volume 1 CITYLAND 45 up by stating that “watching it emerge has been very rewarding. It fits perfectly in the Tribeca District.” LPC Public Meeting Item No. 1 Case No. 05-1324 (November 23, 2004) (David Rockwell, The Rockwell Group).

LPC: 377-383 Greenwich Street (COFA #04- 1259) (August 19, 2003). CITYADMIN

LANDMARKS PRESERVATION COMMISSION

Permit Denied Greenwich Village, Manhattan Landmarks refused commer- cial signage and banners

Alterations installed without prior approval. Two owners of sepa- rate buildings in the Greenwich Vil- lage Historic District, 373 Sixth 377-83 Greenwich Street: new luxury hotel in Tribeca designed by David Rockwell Avenue and 218-224 West 4th Street, Printed with permission of The Rockwell Group sought to legalize work done without Landmarks’ approval. At 373 Sixth design in September 2004 to add Avenue, the owner had installed an LANDMARKS PRESERVATION two additional stories and elimi- internally illuminated projecting COMMISSION nate the terra cotta. Landmarks sign, flag poles, a new storefront denied the revision, finding the door, and painted the ground floor Certificate of Appropriateness eight-story height “dominating” white. The owner of 218-224 West Tribeca, Manhattan and the new material of signifi- 4th Street had installed four banners cantly poorer quality than that on the West 4th Street and Christo- Additional floor approved pher Street facades. Both owners for Tribeca hotel originally proposed. On November 23, 2004, had received warning letters, and 80-room luxury and extended Downtown Hotels sought a second 373 had also received a stay hotel approved for vacant site. amendment, seeking only one Notice of Violation. On August 19, 2003, Downtown additional story and using primar- Landmarks declined to legalize Hotels LLC, with principals Robert ily brick material. At the Land- the work at both addresses, finding DeNiro, Ira Drukier and Richard marks hearing, architect David that the 373 Sixth Avenue flagpoles Born, obtained a permit to build a Rockwell characterized the design had damaged the 1875 building’s six-story brick and terra cotta luxu- process as “trying to be a good architecture; the signage was exces- ry hotel on a vacant lot at 377-383 neighbor with a unique character.” sive; and the modern door was not Greenwich Street at the corner of DeNiro, who owns the restaurant in keeping with the character of the North Moore within the Tribeca and eight-story headquarters for building. West Historic District. The six-story the Tribeca Film Festival directly The work at 218-224 West 4th building, with a small penthouse next to the vacant lot, said the Street concealed decorative fea- setback from the street, received building, “means a lot to me…[I] tures of the architecture and was strong support from Landmarks want to make a special contribu- not in keeping with the scale of sig- and Community Board 1 due to its tion to the neighborhood.” Land- nage that would typically be used scale and high-quality glazed terra marks approved the seven-story for second floor businesses. cotta and brick facade. design, commenting that the brick LPC: 373 Sixth Avenue (Permit Denial No. Finding construction costs detailing was a throw back to 05-2917) (October 26, 2004); LPC: 218- prohibitive, Downtown Hotels Tribeca’s origins. In her approval, 224 West 4th Street (Permit Denial No. 05- sought to amend the approved Commissioner Libby Ryan summed 2906) (October 26, 2004). CITYADMIN

46 Volume 1 CITYLAND December 2004 LANDMARKS PRESERVATION LANDMARKS PRESERVATION EAS T 1 59t COMMISSION COMMISSION UE h S TREE VEN T K A PAR SUN Binding Report Permit Denied SHI LAT NE INO GAR UNI S Grand Army Plaza, Brooklyn Midtown-East, Manhattan DOS DEN UE EAS FAM T 1 GROUILY VEN 58t GARDE Public Library entrance h S P T A Storefront alterations denied TRE ET N plaza to be redesigned AND DeBeers sought to install its sig- Brooklyn Public Library nature colors on landmarked store- COURTL entrance will be enlarged and geo- front. The DeBeers retail store, locat- Map indicates the site of the approved metric paving added to plaza. Land- ed on the ground floor of the St. development and the three gardens. marks approved substantial reno- Regis Hotel, an individual landmark vation of the Central Building of the at 699-703 at 55th comprising 16 lots, occupies most of Brooklyn Public Library at 2 Eastern Street, sought to modify a March the block between East 158th and Parkway and Grand Army Plaza. 2003 approval for new storefront East 159th Streets, and Park and The 1935 Central Building, a Mod- infill. The modifications included Courtlandt Avenues. ern Classical structure designed by replacing the arched windows’ On November 23, 2004, garden- Alfred Morton Githens and Francis translucent glass with opaque ers active in three Bronx Green Thumb Keally and built in 1935, was desig- aubergine glass, covering the Gardens filed a petition to stop the nated in 1997 as an individual land- masonry with opaque aubergine City’s demolition of the gardens and mark. The Library sought a Binding glass, installing white lettering on to declare the Planning Commission’s Report to redesign the entrance of the aubergine awning, and replac- approval of the development unlaw- the Central Building in order to ing pin-mounted lettering with ful. On November 24th, a temporary enlarge the plaza, add an access metal adhesive lettering. Land- restraining order was granted and ramp and alter the entrance steps. marks denied the application, find- negotiations followed. Aesthetic changes, such as adding ing that covering the masonry above A settlement was filed with the kiosks, a water feature and a geo- the display windows and replacing court on December 2, 2004, in metric-patterned series of paving the arched windows would destroy which the City offered three alterna- stones in the library’s plaza, were the pattern of solid and glass. Land- tive permanent sites to the garden- also proposed. (See rendering on marks also found that the proposed ers in exchange for their agreement back cover.) signage would be excessive and the to vacate their existing gardens by Landmarks approved the pro- cumulative effect of the changes no later than 6:00 p.m. on December posal, finding that the access would draw undue attention. 5, 2004. An alternative site at 364- changes were well integrated into 366 East 158th Street would replace the building’s design, thus eliminat- LPC: 699-703 Fifth Avenue (Permit Denial No. 05-1849) (November 17, the Sunshine Garden; a site at 420- ing any discernable impact on the 2004). CITYADMIN 422 East 158th Street would replace perception of the building from the the Family Group Garden; and 427 street. The geometric paving, due to East 157th Street would replace the its simple repetitive pattern, would COURT DECISIONS Latinos Unidos Garden. If the gar- be in the spirit of the original plaza deners failed to vacate the existing design. Landmarks, noting that the City Planning Commission gardens by December 7, 2004 at 7:00 kiosk’s footprint aligns with the pat- Melrose, Bronx a.m., the offer would be void. tern of the plaza paving and that the The Urban Justice Center report- water feature, when off, blends with City provides alternative sites ed to CityLand that the Gardeners the material of the steps, found for Bronx Gardeners had complied and vacated each of these features complementary to the three sites. For the Council’s and the overall design. Settlement came after gardeners filed Article 78 petition. As reported in the Planning Commission’s consid- LPC: Brooklyn Public Library, Central the November issue of CityLand, the eration, see 1 CityLand 19 (Novem- Building, 2 Eastern Parkway, City Council’s October 13, 2004 ber 15, 2004). (COFA#05-2688) (October 25, 2004). approval of the Courtlandt Avenue CITYADMIN South Bronx Community Gardens, Inc. Apartments, a 167-unit, affordable v. City of New York, No. 403916/04 housing development slated for Mel- Did you know? (Bransten, J.)(Dec. 2, 2004)(Ray Brescia, There are 469 stations in NYC’s subway rose Commons, would result in the Serge A. Martinez, Urban Justice Cen- system and over 2,054 miles of track. demolition of several Bronx commu- ter, for Gardens; Michael A. Cardozo, nity gardens. The development site, Daniel Greene, Chris Reo, for NYC).

December 2004 Volume 1 CITYLAND 47 HING AVE. In re Dwight School Neighbors v. BSA, FLUS COURT DECISIONS MARCY 2004 NY Slip Op 08173, Nov. 16, 2004 HOUSING (1st Dep’t) (Attorneys: Paul A. Engel- Board of Standards and Appeals mayer, Anjan Sahni, for Neighbors; Variance Michael A. Cardozo, Grace Goodman, for BSA; Richard Lobel, for Dwight). Rear-yard variance upheld

NOS

TRA

Private for-profit school on the COURT DECISIONS WAR ND

Upper West Side wanted to add a SOF

F second story to a rear-yard build- City Planning Commission ing. Dwight School, a for-profit Clinton Hill, Brooklyn school located on West 88th Street, between Central Park West and Sanitation garage construc- Columbus Avenue, applied to BSA tion wins court approval E for a variance to add a second PAR K AVENU story to its gymnasium located in Environmental study and site the rear yard. The expansion choice for Brooklyn garage upheld. Site of new Brooklyn Sanitation Garage required a variance to exceed a 23 The City filed a condemnation action ft. height limit set for community in October 2003 for three lots compris- facilities built in the rear yard. ing a 2.46-acre site bounded by Park, create a nuisance and be incompat- Dwight claimed that it needed the Nostrand and Flushing Avenues and ible with the neighborhood, which variance to make a reasonable Warsoff Place in Clinton Hill, to be had significantly changed since return, arguing that it would lose used for the eventual construction of a 2001. Further, it argued that the international accreditation, enroll- new Sanitation truck storage garage to garage effectively would be the ment would drop by 25%, and it serve Brooklyn Community District 3. equivalent of a waste transfer sta- tion, which, under Sanitation’s sit- would operate at a loss. BSA grant- The site had been subject to a ing rule, would be prohibited within ed the variance after conducting June 2000 application by Sanitation 400-feet of a residence or a school. hearings on the matter. and the Department of Citywide The Dwight School Neighbors Administrative Services for site selec- On November 10, 2004, Justice filed an article 78 petition, claiming tion and acquisition approval for a 70- Abraham Gerges dismissed the claim that the process was unfair because space Sanitation truck garage, a per- as both time-barred and insufficient. BSA had not allowed it an opportu- mitted use in the site’s M1-2 zoning. A challenge to the site choice and the nity to respond to Dwight’s financial After receiving the approval of both environmental review required filing analysis submission. The lower Community Board 3 and the Borough within four months of the Planning court agreed and sent the matter President, the Planning Commission Commission’s December 2001 back to BSA for further proceedings, approved the site selection and acqui- approval. Even if timely, Marcy’s where the Neighbors argued that it sition on December 5, 2001. claim failed, because the City’s choice of the site was not arbitrary, was unlikely that Dwight would lose In March 2004, Marcy Housing new emission standards were inap- enrollment if it lost accreditation. Association, the tenants’ associa- plicable, Sanitation had studied BSA again granted the variance. tion for a 5,000-tenant New York alternative sites in its own analysis, The Neighbors filed a second City Housing Authority project on and modifications made during the article 78 petition, claiming there Nostrand Avenue across from the process sought to lessen, not was no evidence to substantiate garage site, together with several increase, the garage’s impact. Refer- BSA’s determination. Justice Alice other neighboring businesses, resi- ring to State and City code defini- Schlesinger upheld the variance, dents, and a Yeshiva school, chal- tions of a “waste transfer facility,” finding that there was substantial lenged the City’s condemnation the court rejected Marcy’s argument evidence that Dwight could lose action. Marcy argued that the City’s that, since garbage might be stored accreditation and suffer a decrease environmental review, which result- overnight in the trucks, a Sanitation in enrollment. The court also found ed in a negative declaration, was garage was the equivalent of a waste that variance applications from for- flawed for not considering other transfer facility. Further, the nui- profit educational institutions were sites, for not being revised to con- sance claim was premature, since required to meet the criteria, but sider new emission standards, and the garage had not yet been built. should be given special considera- for not being expanded when tion because they serve a real soci- changes to the project were made In re Marcy Housing Tenants Ass’n, 2004 etal interest. On appeal, the First during the approval process. Marcy N.Y. Slip Op 51375(U), Nov. 10, 2004 Department affirmed. also argued that the garage would (Gerges. J.) (Kings Cty.Sp.Ct.).

48 Volume 1 CITYLAND December 2004

The seven-story development COURT DECISIONS was permitted as-of-right; the pro- posal of ground floor and cellar City Planning Commission retail space, however, required a NoHo, Manhattan special permit from City Planning. Retail permit at Broadway/ In 2002, Mack applied for the spe- Houston upheld cial permit and provided docu- mentation to Planning of its Planning Commission upheld attempts in 2001 and 2002 to lease on finding of commercial non-via- the space for uses permitted in 610 bility. Broadway Houston Mack Broadway’s manufacturing zoning. The new seven-story building located at 610 Broadway. Photo: Jeffrey Ocasio Development LLC proposed a Mack supplied copies of ads in the The New York Times and The Village seven-story development at 610 permit, finding that the unidenti- Voice, as well as listings with bro- Broadway at the corner of East fied person had a financial interest kers and the City’s Economic Houston, replacing an existing in the free-standing billboard that Development Corporation. car-wash, 150-space parking would be dismantled for the pro- garage, and a gas station. Mack At the Planning Commission ject, and was not a bona fide poten- would also dismantle a grandfa- hearing, the attorney for 620 Broad- tial lessee. thered 2,800 sq.ft. free-standing way, an adjacent residential build- 620 Broadway filed an article billboard and replace it with three ing, claimed that an unidentified 78 petition, seeking to invalidate the smaller billboards that individual- person interested in leasing the special permit. It claimed that the ly and collectively would conform space for auto-sales, a permitted Commission arbitrarily ignored the in size and location with the cur- use, was repeatedly ignored by potential lessee, and that the use rent signage law. Mack. The Commission granted the would adversely affect the neigh- borhood. On November 14, 2003, Buildings Permits over $2,000,000 – Nov. – Dec. 10, 2004 Justice Kibbie F. Payne upheld the Commission’s grant of the special BUSINESS OWNER SITE INITIAL COSTDESCRIPTION APPROVED permit, noting that it was within the NYS Dorm. Auth. 160 Convent Ave., MN $16,000,000 Rehab. chiller/boiler Pending Commission’s “exclusive province” NY Dept. of Design & Const. 275 Atlantic Ave., BK $14,500,000 Replacement of windows Pending to resolve credibility issues on such Robert Zirinsky, Boulevard Co. 1716 Southern Blvd., BX $5,252,000 Alter warehouse to school 11/5/2004 Lehman College 2850 Golden, BX $4,500,000 Modify plumbing/mech. Pending matters as the potential lessee. On NY School Construct. Auth. 203-02 109th, QN $4,018,000 PS 134: window replacement 11/22/2004 November 9, 2004, the First Depart- NYS Dorm. Auth. 160 Convent Ave., MN $4,000,000 Not available Pending ment agreed, finding no basis to Joseph Szabo, RCPI Landmarks 630 5th Ave., MN $3,770,000 Construct new partitions 11/16/2004 reject the Planning Commission’s NY School Construct. Auth. 185 Ellery St., BK $3,500,000 PS 148: replace brick 11/1/2004 determination that the potential NY School Construct. Auth. 4125 Carpenter Ave., BX $3,471,000 PS 103: roof replacement 12/9/2004 lessee was not bona fide. DCAS 25-10 Court Sq., QN $3,250,000 Exterior/interior restoration Pending NY School Construct. Auth. 1625 11th Ave., BK $3,202,270 PS 154: repair masonry 11/4/2004 In re 620 Broadway Housing Corp. v. NY Presbyterian 525 E. 68th, MN $3,160,000 Renovate main lobby Pending Planning Commission, 2004 N.Y. App. NY Presbyterian 525 E. 68th, MN $3,138,000 Modify HVAC Pending Div. LEXIS 13180, Nov. 9, 2004, (1st 3000 Broadway, MN $3,000,000 Install partitions Pending Dep’t) (Jack L. Lester, for 620 Broadway; NY Presbyterian 177 Washington Ave., MN $2,810,000 Modify HVAC, plumbing Pending Michael A. Cardozo, Larry A. Sonnen- NY Presbyterian 177 Washington Ave., MN $2,797,000 Modify interior partitions Pending shein, Julian L. Kalkstein, for City Plan- NY School Construct. Auth. 144-39 Gravett Rd., QN $2,700,000 PS 219: roof replacement 12/10/2004 ning; Jeffrey L. Braun, Kramer Levin Jeffrey Feil 30-20 Thomson Ave., QN $2,610,000 Modify HVAC, plumbing 11/10/2004 Naftalis & Frankel LLP, for Mack). Jeffrey Feil 30-20 Thomson Ave., QN $2,508,000 Interior renovations Pending HPD 2041 5th Ave., MN $2,400,000 Renovate existing bldg. Pending CITYADMIN NY School Construct. Auth. E. 11th St., MN $2,325,000 PS 101: repair masonry Pending Rudin Mgm. 345 Park Ave., MN $2,270,000 Interior renovations Pending Decisions on www.citylaw.org Colin McGrail, Max Cap. Mgm. 230 Park Ave., MN $2,200,000 Minor demo./wall partitions Pending AGENCY NUMBER OF YEARS NAME DECISIONS AVAILABLE Columbia University 3000 Broadway, MN $2,175,000 Modify HVAC, plumbing Pending BSA 1,384 2002-Present NY School Construct. Auth. 70-02 54th Ave., QN $2,087,582 Roof replacement 11/19/2004 NY School Construct. Auth. 1031 59th St., BK $2,080,332 PS 105: modernization Pending Council 771 2002-Present Richard Director 42-53 21st St., QN $2,000,965 Not available Pending CPC 275 2003-Present YMCA of Greater NY 1119 Bedford, BK $2,000,000 Restore Bed. Ave. Academy Pending DOB 61 1999-Present Elliot Joseph, 823 Park LLC 823 Park Ave., MN $2,000,000 Repair facades Pending Landmarks 891 2003-Present Hunter College E. 65th St., MN $2,000,000 Enlarge cellar - 6th Floor Pending NY School Construct. Auth. 183 S. Third St., BK $2,000,000 Repair roof/parapet 11/9/2004 Loft Board 1,163 1996-Present Raizy Haas, Intell 18th LLC 32 W. 18th St., MN $2,000,000 Convert office to residential Pending CITYADMIN indicates a decision is available at citylaw.org

December 2004 Volume 1 CITYLAND 49 New Decisions Added to www.citylaw.org – November 2004*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 677 New Foundations, BK UDAAP (covers 6 blocks, 25 lots) 11/10/2004 †678-79 Verizon West 43rd/47th St. Rezoning, MN Map amendments 11/10/2004 †680-82 Harlem Park Hotel, MN Map amendment; special permits 11/10/2004 684 Plazelota Hall, BX UDAAP (8-story bldg., 54 units for homeless) 11/23/2004 685-697 MN, BX, BK, QN, SI UDAAP (13 separate approvals - each impact 1 lot) 11/23/2004 698 60 West 57th St., MN Sidewalk cafe 11/23/2004 699 Clinton Bulk Regulations, MN Text amendment (ht., bulk) 11/23/2004 710 Hegeman/Essex/Shepherd, BK UDAAP (covers 1 block, 21 lots) 12/7/2004 711-14; 719-25 MN, BK, QN UDAAP (11 separate approvals - each impact 1 lot) 12/7/2004 715 Stone Ridge Homes, QN City property disposition for 38 units of housing for seniors 12/7/2004 716 North Riverdale Rezoning, BX Map amendment 12/7/2004 717-18 Ozzie Wilson Senior Housing, BK UDAAP (66 units of low-income housing) 12/7/2004

CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE North Riverdale Rezoning Map amendment BX 8 C050043ZMX 11/3/2004 161st Street BID BID for sanitation/marketing BX 4 N050063BDX 11/3/2004 Watchtower Project Map amendment; special permits BK 2 C040215ZMK; C040217ZSK; 11/15/2004 (parking; bulk & ht.) C040216ZSK 655 6th Ave. Special permit (open space) MN 4 C040412ZSM 11/17/2004 400 Park Avenue South Map and text amendments; MN 5 C040495ZSM; C040496ZMM; N040497ZRY 11/17/2004 special permit (ht., setback) The Nave UDAAP, 118 units/day care center MN 11 C050032HAM 11/17/2004 †97-105 Willoughby Street Landmark designation BK 2 N050124HKK 11/17/2004 Nueva Era Apartments Map amendment; UDAAP,210 units BX 1 C050060ZMX; C050061HAX; C050062HUX 11/17/2004 low-income housing Garden World Map amendment (C2-2 in R2) QN 11 C020523ZMQ 11/17/2004 Hudson Yards City map, map and text amendments; MN 4, 5 C040499(A)ZMM; C040500(A)ZRM; C040501PCM; 11/22/2004 site selection, acquisition and C040502PCM; C040503PQM; C040504PQM; disposition of property C040505PQM; C040506PPM; C040507MMM; C040508MMM; BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 501 First Ave., MN Extension of variance (10 yrs.) for parking garage App'd 799-62-BZ Sheldon Lobel, P.C. 310 E. Houston St., MN Variance (use) for commercial in R7-2 dist. App'd 132-04-BZ Eric Palatnik, P.C. 540 Park Ave., MN Increase transient parking spaces (65 to 90) App'd 1046-63-BZ Kramer Levin 5/9 W. 37th St., MN Permit spa in M1-6 district App'd 173-04-BZ Eric Palatnik, P.C. 11 Essex St., MN Seek notice to vacate residential bldg. Den'd 243-04-A Sion Misrahi 699-711 West End Ave., MN Modify parking spaces (125 to 87) App'd 813-63-BZ Howard A. Zipser 1210-30 E. 233rd St., BX Legalize tire shop in auto service station App'd 371-29-BZ Maduakolam M. Nnabuihe 2100 Williamsbridge Rd., BX Extension of variance (10 yrs.) for gas station App'd 949-57-BZ Sheldon Lobel, P.C. 3220-3228 Arlington Ave., BX Renewal of DOB permit/extension for foundation work App'd 330-04-BZY Howard Goldman 640 W. 237th St., BX Renewal of DOB permit/extension for foundation work App'd 333-04-BZY Kramer Levin 103-117 Kent Ave., BK Extension to complete construction (3 yrs.) App'd 236-98-BZ Deidre A. Carson 192 Water St., BK Variance (use) industrial bldg. to residential App'd 306-03-BZ Howard Goldman, LLC 90 Havemeyer St., BK Variance for new residential bldg. in M1-1 dist. App'd 343-03-BZ Sheldon Lobel, P.C. 525 Union Ave., BK Variance for new residential bldg. in M1-2(R6) dist. App'd 186-03-BZ Sheldon Lobel, P.C. 1755 E. 28th St., BK Enlarge 1-family dwelling (FAR, yard) App'd 137-04-BZ Sheldon Lobel, P.C. 2824 Ave. R, BK Enlarge 1-family dwelling (FAR, lot coverage) App'd 261-04-BZ Moshe M. Friedman, P.E. 1019-1041 Surf Ave., BK Variance to legalize furniture store in C7 dist. App'd 255-03-BZ Sheldon Lobel, P.C. 1336 E. 22nd St., BK Enlarge 1-family dwelling (FAR, yard) App'd 167-04BZ Dennis Dell'Angelino 2409 Avenue K, BK Enlarge 1-family dwelling (FAR, open space) App'd 170-04-BZ Dennis Dell'Angelino 137-21 Liberty Ave., QN Extension of variance (10 yrs.) for gas station App'd 780-56-BZ Vassalotti Assoc. Arch. 201-06 Hillside Ave., QN Variance to continue use as auto repair shop App'd 147-02-BZ Gerald Caliendo, R.A. 247-39 Jamaica Ave., QN Variance to expand commercial bldg. App'd 125-04-BZ Steven M. Sinacori 211-51 94th Rd., QN 13-related variances (273-03-BZ thru 285-03-BZ) App'd 273-03-BZ Sheldon Lobel, P.C. 34-11 Far Rockaway, QN Variance to permit car wash Den'd 364-03-BZ Rothkrug Rothkrug 8 Reynolds St., SI Proposed building not fronting on mapped street App'd 15-04-A Rothkrug Rothkrug 222-44 Braddock, QN Renewal of variance for auto service station App’d 585-91-BZ Tarek M. Zeid 90-06 Pitkin Ave., QN Renewal lapsed variance for woodworking factory App’d 162-04-BZ Agusta & Ross 260-09 Nassau Blvd., QN Extension of use variance (10 yrs.) for gas station App’d 67-91-BZ Howard S. Weiss, Esq. 102-01 66th Rd., QN Extension special permit (10 yrs.) for parking garage App’d 221-88-BZ Kramer Levin 159-04 Cross Bay Blvd., QN Permit to redevelop gas station App’d 1018-65-BZ Sheldon Lobel, P.C. 40 Queens Walk, QN Enlarge 1-family dwelling not fronting on mapped st. App’d 213-04-A Joseph A. Sherry 18 Essex Walk, QN Enlarge 1-family dwelling not fronting on mapped st. App’d 214-04-A Joseph A. Sherry 4 Jamaica Walk, QN Enlarge 1-family dwelling not fronting on mapped st. App’d 215-04-A Joseph A. Sherry 14 Essex Walk, QN Enlarge 1-family dwelling not fronting on mapped st. App’d 216-04-A Joseph A. Sherry *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.

50 Volume 1 CITYLAND December 2004 BOARD OF STANDARDS & APPEALS (CONTINUED) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 464 Seabreeze Ave., QN Enlarge 1-family dwelling not fronting on mapped st. App’d 217-04-A Joseph A. Sherry 100-23-39th Ave., QN Construction of resid. bldg. in bed of mapped st. App’d 218-04-A The Agusta Group 212-95 26th Ave., QN Extension special permit (1 yr.) for amusement arcade App’d 739-76-BZ Joseph P.Morsellino, Esq. 69-91 75th St., QN Permit gym in manufacturing district App’d 70-04-BZ Rothkrug Rothkrug 375 Tennyson Dr., SI Variance for 1-family dwelling (FAR, yard) App’d 205-04-BZ Philip L. Rampulla 1491 Richmond Rd., SI Revoke cert. of occup.-retail store in R2 dist. App’d 44-04-A Dep’t of Buildings 96 Driggs St./ 23 Lillian Pl., SI 2-family dwelling within bed of mapped st. App’d 68/69-04-A Steven Barshov LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 5 Beekman St., MN Temple Court Building Master Plan (windows/signage/mech.) 05-0810 Yes 10/13/2004 19 West St., MN Downtown Athletic Club Creation of new window openings 05-3772 Yes 11/15/2004 130 W. 42nd St., MN Bush Tower Replacement of storefront infill 05-3259 Yes 11/3/2004 699 Fifth Ave., MN St. Regis Hotel Modify storefront 05-3504 No 11/17/2004 2 Eastern Parkway, BK Bklyn. Public Library, Central Bldg. Redesign entrance plaza 05-2300 Yes 10/25/2004 5816 Clarendon Rd., BK Wyckoff House Farmhouse Relocate barn from New Jersey 05-1263 Yes 10/4/2004 10 Richmond Ter., SI Staten Island Borough Hall Interior alterations and modify windows 05-2910 Yes 10/18/2004 460 Brielle Ave., SI NYC Farm Colony-Seaview Hospital New rail, concrete terrace, driveway 05-2576 Yes 10/5/2004 21 South William St., MN Stone Street Hist. Dist. Modify Master Plan for windows 05-3479 Yes 11/10/2004 52 Walker St., MN Tribeca East Hist. Dist. Legalize windows 05-3407 No 11/16/2004 302 Canal St., MN Tribeca East Hist. Dist. Install storefront infill and new canopy 05-2943 Yes 10/22/2004 463 Broome St., MN SoHo-Cast Iron Hist. Dist. New storefront infill & install new stairs 05-3582 Yes 11/16/2004 312 Bowery, MN NoHo East Hist. Dist. Rooftop/rear yard addition, storefront 05-3519 Yes 11/12/2004 377 Bleeker St., MN Greenwich Village Hist. Dist. Construct rooftop addition 05-3396 Yes 11/9/2004 218-224 W. 4th St., MN Greenwich Village Hist. Dist. Legalize banners 05-2906 No 10/26/2004 267 W. 4th St., MN Greenwich Village Hist. Dist. Restore columns & new storefront infill 05-3270 Yes 11/3/2004 269 W. 4th St., MN Greenwich Village Hist. Dist. Replace existing storefront 05-3273 Yes 11/3/2004 271 W. 4th St., MN Greenwich Village Hist. Dist. Legalize windows 05-3445 No 11/15/2004 373 6th Ave., MN Greenwich Village Hist. Dist. Legalize signage & storefront alterations 05-2917 No 10/26/2004 433 Broadway, MN SoHo-Cast Iron Hist. Dist. Legalize paving and rooftop enclosures 05-3500 No 11/16/2004 600 Broadway, MN SoHo-Cast Iron Hist. Dist. Legalize installation of vinyl wall sign 05-3749 No 11/23/2004 640 Broadway, MN NoHo Hist. Dist. Legalize egress stairs and enclosure 05-3443 No 11/15/2004 714 Broadway, MN NoHo Hist. Dist. Construct stucco rooftop addition 05-3816 Yes 11/26/2004 10 Fifth Ave., MN Greenwich Village Hist. Dist. Install barrier free access ramp 05-2933 Yes 10/27/2004 130 7th Ave. S., MN Greenwich Village Hist. Dist. Replace storefront infill 05-3706 Yes 11/22/2004 2-8 Ninth Ave., MN Gansevoort Market Hist. Dist. Legalize replacement canopy 05-3449 No 11/15/2004 647 Hudson St., MN Gansevoort Market Hist. Dist. Modify entranceway & ground floor 05-3144 Yes 11/1/2004 400 W. 14th St., MN Gansevoort Market Hist. Dist. Replace storefront infill & new signage 05-2518 Yes 10/7/2004 421 W. 14th St., MN Gansevoort Market Hist. Dist. Modify storefront, security gates 05-3654 Yes 11/18/2004 207 E. 17th St., MN Stuyvesant Square Hist. Dist. Rooftop addition, modify areaways 05-3636 Yes 11/12/2004 171 3rd Ave., MN Stuyvesant Square Hist. Dist. Install new storefront 05-2763 Yes 10/13/2004 9-11 E. 19th St., MN Ladies' Mile Hist. Dist. Legalize signage 05-2897 Yes 10/18/2004 39 E. 19th St., MN Ladies' Mile Hist. Dist. Replace storefront infill & new signage 05-3268 Yes 11/9/2004 4 W. 22nd St., MN Ladies' Mile Hist. Dist. Legalize neon sign 05-3716 No 11/23/2004 50 W. 23rd St., MN Ladies' Mile Hist. Dist. Legalize flagpoles/banners 05-3503 No 11/12/2004 27 E. 62nd St., MN Upper East Side Hist. Dist. Installation of awnings 05-3612 No 11/17/2004 27 E. 67th St., MN Upper East Side Hist. Dist. Legalize non-compliance/ COFA #03-6874 05-2955 No 11/4/2004 20 E. 69th St., MN Upper East Side Hist. Dist. Install cornice, signage, bulkhead 05-3768 No 11/29/2004 101 W. 70th St., MN UWS-CPW Hist. Dist. Rooftop addition and fire escape 05-3849 Yes 11/30/2004 104 W. 71st St., MN UWS-CPW Hist. Dist. Legalize storefront replacement 05-3779 No 11/24/2004 339 W. 71st St., MN West 71st St. Hist. Dist. Rooftop/rear yard addition 05-3823 Yes 11/26/2004 4-8 E. 73rd St., MN Upper East Side Hist. Dist. Rear yard addition & alter windows 05-0706 Yes 10/4/2004 960 Madison Ave., MN Upper East Side Hist. Dist. Resurfacing & replace illegal door 05-3784 Yes 11/29/2004 494 Amsterdam Ave., MN UWS-CPW Hist. Dist. Remove illegal work & replace infill 05-2727 Yes 10/12/2004 326 W. 87th St., MN Riverside-West End Hist. Dist Demolition & rear yard addition 05-3659 Yes 11/22/2004 125 E. 92nd St., MN Carnegie Hill Hist. Dist. Construction of four-story penthouse 05-3442 Yes 11/9/2004 435 W. 141st St., MN Hamilton Heights Hist. Dist. Install barrier-free access ramp 05-2541 Yes 10/4/2004 328 Convent Ave., MN Hamilton Heights Hist. Dist. Legalize stoop and areaway 05-3765 Yes 11/29/2004 14 Seventh Ave., BK Park Slope Hist. Dist. Legalize windows 05-3446 No 11/15/2004 160 Montague St., BK Brooklyn Heights Hist. Dist. Remove window/bulkhead, install doors 05-2738 No 10/12/2004 103-105 Montague St., BK Brooklyn Heights Hist. Dist. Legalize sidewalk canopy 05-2913 No 10/26/2004 50 Hicks St., BK Brooklyn Heights Hist. Dist. Legalize windows and storefront 05-2922 Yes 10/20/2004 26 Orange St., BK Brooklyn Heights Hist. Dist. Raise chimneys and flues 05-2871 Yes 10/18/2004 188 Columbia Heights, BK Brooklyn Heights Hist. Dist. Legalize replacement of stone w/ concrete 05-3594 Yes 11/9/2004 36 Orange St., BK Brooklyn Heights Hist. Dist. New fire stairs, alter roof/terrace windows 05-2830 Yes 10/19/2004 302 Waverly Ave., BK Clinton Hill Hist. Dist. New 2-story building 05-2457 Yes 10/15/2004 243-259 Clinton Ave., BK Clinton Hill Hist. Dist. Master Plan for signage 05-2463 Yes 10/20/2004 141 Kane St., BK Cobble Hill Hist. Dist Constuct rear yard addition & fire stair 05-2415 Yes 10/8/2004 130 Hollywood Ave., QN Douglaston Hist. Dist Legalize non-compliance/ COFA #03-2608 05-2877 Yes 10/18/2004 37-55 78th St., QN Jackson Heights Hist. Dist. Legalize security door 05-3456 No 11/10/2004 303 Grosvenor St., QN Douglaston Hist. Dist One-story addition, patio, driveway 05-2670 Yes 10/15/2004 37 83rd St., QN Jackson Heights Hist. Dist. Installation of front yard fence 05-3476 No 11/10/2004 *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.

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