CITYLAND

NOVEMBER 15, 2008 center for law VOLUME 5, NUMBER 10

Highlights

CITY COUNCIL Dutch Kills further modified . . .149 Architect criticized ...... 151 New waterfront legislation . . . . .152 West Chelsea HD extended . . . . .152 St. George rezoning ...... 153 HSS FDR Drive plan ok’d ...... 154 CITY PLANNING COMMISSION Willets Point plan modified . . . .154 137-space garage approved . . . .155 Hunter’s Pt. plan modified . . . . .155 125th St. rezoning modified . . . .156 BOARD OF STANDARDS & APPEALS Variance for vacant theater . . . .156 Demolition of O’Toole Building approved. See story on page 158. Photo: Kristin Daggan LANDMARKS Commission, during its review of the New look for Seaport proposed .157 CITY COUNCIL proposal, had modified the plan by O’Toole’s days are numbered . . . .158 increasing the maximum FAR from Rezoning/Text Amendment 172 Duane St. addition ...... 159 2.0 to 3.0 for certain light industrial ECONOMIC DEVELOPMENT CORP. Long Island City, and commercial uses in areas zoned M1-2. 5 CityLand 139 (Oct. 15, 2008). Coney Island purchase ...... 160 Dutch Kills rezoning modified by Council At the public hearing before the ADMINISTRATIVE DECISIONS Council’s Subcommittee on Zoning Responding to business community & Franchises, business owners in COIB fines Architect ...... 160 concerns, the Council increased FAR Dutch Kills called for a further in portions of Dutch Kills Subdistrict. COURT DECISIONS increase in FAR in areas zoned M1-2, On October 7, 2008, the City Council arguing that an FAR of 3.0 would hin- BSA variance upheld ...... 160 modified the Department of City der their ability to expand their oper- Highest ct. talks trade fixtures . .162 Planning’s proposed rezoning for ations. Residents also expressed the Dutch Kills of Long Island concern over the recent increase in CITYLAND PROFILE City, Queens. The plan impacts 40 hotel development, and asked that Alessandro Olivieri ...... 161 blocks near the Queensboro Bridge, the plan be modified to prohibit and establishes the 36-block Dutch hotel development within the Sub- CHARTS Kills Subdistrict. To encourage new district. When members of the Sub- DCP Pipeline ...... 151 residential development and pro- committee questioned John Young ULURP Pipeline ...... 152 mote the current range of light of City Planning about the possibili- BSA Pipeline ...... 156 industrial and commercial uses, City ty of future hotel development in the Landmarks Actions ...... 158 Planning created four contextual Subdistrict, Young stated that by Landmarks Pipeline ...... 159 mixed-use zoning districts (R5B, removing residential restrictions Citylaw.org New Decisions . . .162-3 R5D, R6A, R7X), each coupled with and limiting the scale and density an M1 district. The City Planning of commercial (cont’d on page 151)

November 15, 2008 Volume 5 CITYLAND 149 COMMENTARY NYLS inaugurates real estate law LL.M. and land use CLE programs In October 2008 announced a master of law program in real estate. The new, one year program for law graduates will train lawyers to handle all aspects of real estate transactions. Courses will focus on business concerns, regulatory issues and transactional skills. Among the 40 courses offered are such important real estate topics as taxation of property transactions, construction law, commercial leasing and international real estate. Drafting courses will focus on leasing, financing, construction and partnership documents. Courses will be taught by both full time faculty and adjunct professors who are active practitioners. The goal of the LL.M. program is to provide the opportunity to acquire a thorough grounding in the law, business and regulation of real estate transactions, finance and development. Course offerings include a rigorous core curriculum that will provide a comprehensive foundation in real estate law, as well as such essential skills as negotiation and drafting and financial analysis. This broad array of elective courses will permit candidates to examine in depth areas of particular interest. For additional information please call (212) 431-2888 or e-mail program staff at [email protected]. Application forms are available on the New York Law School Web site, www.nyls.edu/RealEstateLLM. For those not wanting the full LL.M. program, the Center for New York City Law has inaugurated a new CLE program in land use regulation. The first CLE program was held on November 6, 2008, led by Howard Goldman, and focused on land use due diligence on zoning limitations. The second program scheduled for December 2, 2008, will be led by Phyllis Arnold, Dep. Commissioner of Buildings, who will discuss the new building codes. Additional programs will be held early in 2009. Contact the Center for CLE registration information and future programs. Ross Sandler CITYLAND

Ross Sandler Lebasi Lashley Kristin Daggan Executive Editor and Director, Art Director Subscription Coordinator The Center expresses appreciation to the individu- Center for New York City Law Petting Zoo Design Jesse Denno Melanie Cash ’02 Natalie Amar ’08 Staff Writer als and foundations supporting the Center and its Associate Director Peter Schikler ’08 Publication Prod. Assistant work: The Steven and Sheila Aresty Foundation, Managing Editor Melissa Wagner ’08 The Robert Sterling Clark Foundation, Fund for Fellows Frank Berlen ’07 the City of New York, The Durst Foundation, Editor, CityLand The Charina Endowment Fund, The Murray CITYLAND ADVISORY BOARD Goodgold Foundation, Jerry Gottesman, The Marc Kent Barwick Howard Goldman Carol E. Rosenthal Haas Foundation, The Prospect Hill Foundation, Andrew Berman David Karnovsky Michael T. Sillerman and The Revson Foundation. Molly Brennan Ross Moskowitz ’84 Paul D. Selver Albert K. Butzel Frank Munger CITYLAN D (ISSN 1551-711X) is published 11 times a year by the Center for New York City Law at New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York Law School, 57 Worth St., New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, Stanley S. Shuman, Eric Hatzimemos ’92 Steven M. Polan e-mail: [email protected], website: www.city- Chair Michael D. Hess Norman Redlich law.org © Center for New York City Law, 2008. All Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Joseph B. Rose rights reserved. Printed on recycled paper. Maps Sheila Aresty ’94 William F. Kuntz II Ernst H. Rosenberger ’58 presented in CITYLAND are from Map-PLUTO Harold Baer, Jr. Eric Lane Rose Luttan Rubin copyrighted by the New York City Department of David R. Baker Randy M. Mastro City Planning. City Landmarks and Historic Dis- Michael A. Cardozo Frederick P. Schaffer Richard Matasar tricts printed with permission of New York City Anthony Coles Frederick A.O. Schwarz, Jr. Landmarks Preservation Commission. Edward N. Costikyan Robert J. McGuire O. Peter Sherwood Francis McArdle Paul A. Crotty Edward Wallace POSTMASTER: Send address changes to Richard J. Davis John D. McMahon ’76 Richard M. Weinberg CITYLAND , 57 , New York, New York Michael B. Gerrard Thomas L. McMahon ’83 Peter L. Zimroth 10013-2960. Periodicals postage paid at New York, Judah Gribetz Gary P. Naftalis James D. Zirin New York. Kathleen Grimm ’80

150 Volume 5 CITYLAND November 15, 2008 development, City Planning CITY PLANNING PIPELINE believed that hotel development would be less likely than under current zoning. New Applications Filed with DCP — October 1 - 31, 2008 The vote was laid over, and APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE when the Subcommittee recon- ZONING TEXT AND MAP AMENDMENTS vened, it announced a modification Fairmont Lanes 1560 60th St., BK Rez. M1-1 to R6A/C2-4 090154ZMK Davidoff Malito to the plan, increasing the maximum Kingsbridge 230th 5510-5556 , BX Rez. R6/C2-3 to C2-4 090146ZMX Wachtel & Masyr FAR from 3.0 to 4.0 only in the M1- 625 Fordham LLC 625 E. Fordham Rd., BX Rez. C8-1 & R6 to R6/C2-4 090143ZMX Bryan Cave LLP 2/R6A district, while retaining a Red Bamboo 47-49 7th Ave., MN Sidewalk cafe w/52 seats 090137ECM maximum FAR of 3.0 in the M1- DCP Clinton Thtr Txt., MN Amend Spec. Clinton District 080184BZRM 2/R5B and M1-2/R5D districts. The 42nd & 10th Assc. 440 W 42nd St., MN Cert.floor area bonus for four theaters 090155ZCM Wachtel & Masyr FAR increase will be limited to the RBP 45th Assc. 740 8th Ave., MN Txt. change to transf. dev. rights; spec. 090160ZRM; Bryan Cave LLP same light industrial and commer- perm (406 sp. pub. pkg. lot); cert. to 090163ZSM; transf. dev. rights; auth. to transf. dev. 090161ZCM; cial uses identified in the Planning rights 090162ZAM Commission’s earlier modification 150 Amsterdam 150 Amsterdam Ave., MN Rezone R8 to R8/C2-5 090132ZMM Greenberg Traurig to the plan. SPECIAL PERMITS/OTHER ACTIONS After Council’s modification, HPD 1594-1604 Fulton St., BK UDAAP (78 units) 090141HAK the plan was referred back to the HPD The Bradford, BK UDAAP (96 units) 090142HAK Planning Commission for review. EDC/CAS 5510-5556 Broadway, BX Unrestr'd. disp. for 3-story bldg. 090147PPX Council: Dutch Kills Rezoning DPR/EDC New Yankee Std., BX Restr'd. disp. of city owned parcel 090153PPX (Oct. 7, 2008). HPD Erborgraph, MN UDAAP (65 units) 090144HAM DOS/CAS Bk. N. Salt Shed, MN Site select. & acquis. to const. shed 090135PCK HPD PS109, 213 E. 99th St., MN UDAAP & disp. to rehab 74 units 090145HAM CITY COUNCIL CAS/EDC 1145 Rockaway Ave., QN Unrestr'd disp. by NYCDCA 090164PPK Montgomery Dev. 30-38 Montgomery Ave., SI Auth. for slope & lot cov. for 12 units; 090139ZAR; Michael Deruvo Sidewalk Cafe Permit cert. of restoration fee for construction 090140ZCR Auburndale, Queens a letter to Chair Tony Avella to obstruction on the sidewalk, and Council denies sidewalk withdraw the application; the letter that the second set of plans again cafe permit stated that new plans would be failed to indicate the correct width of submitted shortly. Francis Lewis Boulevard. Avella not convinced that application Upon receiving the second set Caliendo, testifying in support errors were inadvertent, calls for of plans, Avella told the applicant’s of the application, admitted that he investigation of architect. The owner attorney that the plans, certified by had made an “inadvertent” error, of the Delano Cafe Lounge at 29-02 architect Gerald Caliendo, were and believed that his mistake should Francis Lewis Boulevard applied to inaccurate. Avella informed the not reflect poorly on the applicant. the NYC Department of Consumer attorney that the width of Francis Avella questioned the veracity of Affairs for an unenclosed sidewalk Lewis Boulevard was not 17ft., but Caliendo’s testimony, and noted that cafe permit. The original application rather 14.5ft. A third set of plans was the inaccuracies were not corrected called for 36 tables and 72 chairs circulated at the Council’s October after the first mistake was made. fronting on 29th Avenue and Francis 17th public hearing before the Zon- Before the meeting was closed, Lewis Boulevard. After meeting with ing & Franchises Subcommittee, Subcommittee Member Helen Sears Community Board 7, the applicant where the attorney testified that the commented that she had known agreed to reduce the application to inaccuracies of the first two sets were Caliendo for many years, and that 11 tables and 22 chairs fronting only “honest” mistakes and that there “he does honorable work.” Sears rec- on Francis Lewis Boulevard. was no intent to “perpetrate a fraud ognized that the application was in Before DCA’s public hearing, on the Subcommittee.” The attorney Avella’s district, but opined that “to the applicant submitted plans to added that to “err is human, to for- malign someone’s reputation is dis- DCA that reflected the CB7 agree- give is divine,” and implored the honorable in itself.” Avella reminded ment, but when the matter was Subcommittee to approve the appli- Sears that the Subcommittee scheduled to go before the Council’s cation. In response to the attorney’s rebuked an architect for certifying Zoning & Franchises Subcommittee, comments, Avella noted that the plans with false information just a the applicant’s attorney realized that first set of plans did not reflect the few weeks ago, 5 CityLand 117 (Sept. the Subcommittee had been sent CB7 agreement, incorrectly listed 15, 2008), and added that he would the original plans instead of the the width of Francis Lewis Boule- file a complaint against Caliendo revised version. The attorney mailed vard, and failed to indicate an with the State. The meeting closed

November 15, 2008 Volume 5 CITYLAND 151 without a vote. filing not less than every ten years nation of seven more blocks for the When the Subcommittee thereafter. The purpose of the plan is West Chelsea Historic District. reconvened, Avella recommended to take into account the changing When the matter was before the denial of the application. All Sub- needs of the waterfront. The plan will Landmarks Preservation Commis- committee members, except for include an assessment of waterfront sion, several property owners in the Sears, followed Avella’s recommen- resources, a statement of planning area expressed opposition to the dation. Subcommittee Member policy, and proposals for imple- proposal, or asked that their proper- Melinda Katz explained her vote by menting such policy. ty be carved out of the district. stating that since sidewalk cafes were When asked about the new 5 CityLand 78 (June 15, 2008). At the an “extremely local issue,” she usual- legislation, Council Speaker Chris- Subcommittee hearing on October ly sided with the Council Member tine C. Quinn stated that it would 2nd, a representative of the New York who represented that district. ensure that “New York City never Terminal Warehouse Central Stores turns its back on the waterfront,” testified that the owners had Council: Delano Cafe Lounge/ and that it will allow the City to planned to sell the property to Relat- 29-02 Francis Lewis Boulevard “assess the different ways our water- ed Companies, developer of the (October 23, 2008). front can be used for leisure, employ- nearby Hudson Yards project, for ment, and industry.” apartment conversion, and now CITY COUNCIL stood to lose over $100 million. He Council: Intro 809-2008A (Oct. 7, 2008). called the designation “a political Legislation effort to stop development.” James Citywide CITY COUNCIL Pastreich, owner of properties at 547 West 27th and 554 West 28th Streets, Council approves Waterfront Historic District Extension pleaded with Subcommittee Mem- planning legislation bers to exclude the 28th Street site, Chelsea, which currently houses a bar. Pastre- New law requires DCP to file water- Extension of historic district ich wanted to use his air rights to front plan every 10 years. On October approved despite challenges build a six-story building at the site. 7, 2008, the City Council passed a Council Member Charles Bar- local law requiring the Department Property owners unsuccessfully peti- ron stated that he was willing to vote of City Planning to file a waterfront tioned for exclusion. On October 23, against designation based solely on plan with the Mayor, the Council, the 2008, after contentious hearings at Pastreich’s testimony, while Council Public Advocate, the Borough Presi- the Landmarks, Public Siting, & Mar- Member Miguel Martinez inquired dents, and the community boards by itime Uses Subcommittee, the full as to whether Pastreich’s 28th Street December 31, 2010, and to repeat the Council voted to approve the desig- property could be cut out of the dis- ULURP PIPELINE trict. Landmarks’ representative Diane Jackier explained that the 28th Street building was the oldest in the New Applications Certified into ULURP district, and was considered an PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED important contributing structure. 567 W. 183rd St. UDAAP (transitional housing) MN 12 090071HAM 10/6/2008 Subcommittee Chair Jessica 1157 Fulton Ave. UDAAP (transitional housing) BX 3 090073HAX 10/6/2008 Lappin adjourned the meeting, North Corona II Zoning map amend. (97 blocks) QN 3 090112ZMQ 10/6/2008 so that the Subcommittee could Grace Asphalt Site selection (asphalt shed) QN 7 090111PCQ 10/6/2008 further examine the issues, and per- Battery Maritime Bldg. Rezoning; disposition of MN 1 090120ZMM; 10/27/2008 haps tour the district. When the Sub- City property; rear yd., public 090121PPM; access mods.; waterfront N090122ZAM; committee reconvened on October certification N090123ZCM 21st, it quickly voted to approve des- 372 Broome St. Spec. permit (res. conversion) MN 2 070486ZSM 10/27/2008 ignation, with only Barron and 405 W. 53rd Garage Spec. permit (37-space garage) MN 4 070305ZSM 10/27/2008 Council Member Annabel Palma Clinton Park Rezoning (M1-5 to C6-3X); MN 4 080008ZMM; 10/27/2008 opposing. At the Land Use Commit- zoning text amend.; 080009ZRM; special permits (height, setback, 080010ZSM; tee, the same held true. Council use, signage) 080011ZSM Member Vincent Ignizio stated that Public School 109 UDAAP (5-story residence) MN 11 090145HAM 10/27/2008 while he generally voted against a N. Salt Shed Site selection (salt shed) BK 1 090135PCK 10/27/2008 landmarking opposed by property 155 West Street Special permit (height, setback); BK 1 090053ZSK; 10/27/2008 authorize design standards N090054ZAK owners, he would support this one Bradford & Garvey UDAAP (96 units and 78 units) BK 3 090142HAK; 10/27/2008 since it was an extension to an exist- 090141HAK ing historic district.

152 Volume 5 CITYLAND November 15, 2008 The full Council followed suit a few days later. R6 RICH M OND TER LTON AV Council: West Chelsea Historic District HAMI R4 (Oct. 23, 2008). ACA N D RP VI EM

YP T L LLS CITY COUNCIL WA M1-1 T S S T U YVESANT P WALL ST R R3A LE SCHUY Rezoning LST L L TML Y WA R ER St. George, SI F BE

L MON R4 St. George rezoning approved TPL

SOUTHST by Council R2 FORT PL ST Council okays creation of Special St. HYATT George District to revitalize water- front neighborhood. On October 23, WATERFRONT 2008, the City Council approved the AREA C4-2

MONT D

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ST L Department of City Planning’s ONROE AV GOMER

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ZI B BEN TMARK rezoning proposal for St. George, a A V YA

D V C3 SPL'S A R N E densely populated neighborhood SSON T I O LLEL SL located at the northern tip of Staten OW T

E Island. The proposal builds upon R interim rules, implemented in 2005, R3A R5 that were designed to curb out-of- YST BA CORSON AV C8-1

character townhouse development M

U VD R D R VICTORY BLV T HAY in commercial districts. The rules, as S TORY BL IC BAY ST E applied to St. George, prohibited res- V N ULBERT AV HOR

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M idential uses on ground floors and R3-2 limited residential buildings to R3-2 R3-1 M1-1 heights of 70ft. Though townhouse M2-1 development declined after the rules were implemented, vacant office buildings still plagued St. George’s Special St. George District and Subdistricts. Special St. George District and Subdistricts used with C4-2 district. permission of the New York City Department of City Planning. All rights reserved. In an effort to encourage rein- vestment in the area, City Planning growth in the new St. George, FAR chises Subcommittee hearing, created the Special St. George Dis- has been equalized to a maximum of opponents of the plan were con- trict for 12 blocks, encompassing 3.4 for all uses, except for lots smaller cerned that the rezoning would not the civic and commercial area of the than 10,000sq.ft. located on non- be progressively phased-in. In light neighborhood. The Special District commercial streets, which have a of the recent economic downturn, seeks to promote the re-use of vacant maximum FAR of 2.2. The rezoning a slow phase-in, targeting the areas buildings, bolster a pedestrian- permits the construction of “point” with vacant office buildings, would friendly mixed-use district, and and “broad” towers in portions of the ensure that conversion of these encourage the construction of Special District, but requires that the buildings into residences would taller, narrower buildings that pre- narrow portion of the building face occur first. The opposition also serve waterfront views. To promote the water to protect views of the har- stated that a maximum width of retail continuity in the area, sections bor. Also, to promote a more aesthet- 80ft. and depth of 135ft. will result in of certain blocks have been desig- ically pleasing environment, open some towers built too large for the nated as “commercial streets,” parking lots are prohibited on com- existing neighborhood. requiring retail and other commer- mercial streets; however, to ensure The Subcommittee approved cial uses for ground floors. All new adequate off-street parking, parking the rezoning plan without change. construction throughout the Special space within structures will not Council Member Michael E. District must provide sidewalks that count toward floor area. At least 40 McMahon, whose district includes are at least 12ft. wide to support percent of garage rooftops must be St. George, explained his vote, stat- pedestrian activity. landscaped as well. ing, “I think this is an imperfect plan, To prevent out-of-character At the Council’s Zoning & Fran- but I don’t think perfection should

November 15, 2008 Volume 5 CITYLAND 153 stand in the way of progress.” The Edgewater were still opposed to the amendment, 32 of the Council’s 51 Council’s Land Use Committee project, and was “mindful of their members sent a letter to the Com- approved the plan, and the full concerns” regarding traffic and mission stating that the Council Council followed suit. obstructed views. Nevertheless, Lap- Members would not approve the pin believed that the benefits of the Review Process plan unless the community’s con- Lead Agency: CPC, Neg. Dec. project outweighed the potential cerns regarding eminent domain, Comm. Bd.: SI 1, App’d, 26-9-0 negative impact on Edgewater resi- developer selection, business Boro. Pres.: App’d dents. The Subcommittee approved relocation, local resident/worker CPC: App’d, 12-0-0 the application, as did the Land Use set-asides, and affordable housing Council: App’d, 51-0-1 Committee and full Council. were addressed. Council Member Hiram Monserrate, whose district Council: St. George Rezoning Council: Hospital for Special Surgery (Oct. 23, 2008). (October 7, 2008). includes Willets Point, drafted the letter, and 15 of the 25 members on CITY COUNCIL the Council’s Land Use Committee CITY PLANNING COMMISSION signed in support. At the Planning Commission’s Text Amendment/Special Permit Rezoning/Text Amendment public hearing, members of the Wil- Lenox Hill, Manhattan Willets Point, Queens lets Point Industry and Realty Deck for Hospital expansion Association spoke out against the over FDR Drive approved Commission approves a plan. The Association supports modified Willets Point Plan owner development of Willets Hospital for Special Surgery agrees to Eminent domain supported if negoti- Point, opposes eminent domain, address traffic concerns and develop ations with local businesses fail. and has accused the City of neglect surrounding open space once con- On September 24, 2008, the City since Willets Point lacks sanitary struction is complete. On October 7, Planning Commission approved a sewers and paved streets despite a 2008, the City Council approved the modified version of the Willets 1991 NYC Public Development Hospital for Special Surgery’s plan to Point Redevelopment Plan, and sent Corporation study that recom- expand over the FDR Drive. 5 City- the contentious plan to the City mended installation of the same. Land 133 (Oct. 15, 2008). At Council’s Council. EDC’s plan calls for the The Association also disagrees with public hearing before the Zoning & creation of the Special Willets Point EDC’s decision to navigate through Franchises Subcommittee, Council District, an Urban Renewal Area the ULURP process without first Member Jessica Lappin detailed the designation, and a rezoning for the selecting a developer or a final concessions that the Hospital had 61-acre area known as the “Iron Tri- development plan. agreed to, and asked her colleagues angle” in Queens. 5 CityLand 57 The Commission modified to support the project. (May 15, 2008). EDC’s plan in several ways, but In exchange for the Council’s The plan has drawn criticism expressed its overall support for the support, the Hospital agreed to plant from local businesses and elected plan, including the special district, vegetation on the west side of the officials, and has led to the filing of urban renewal plan, and rezoning. esplanade between East 71st and at least one lawsuit against the City. Modifications include prohibiting 73rd Streets, plant trees along the At the June 13, 2007 City Council enclosed sidewalk cafes in the spe- east side of the esplanade between Land Use Committee and Economic cial district, limiting accessory illu- East 71st and 73rd Streets, and repair Development Committee joint over- minated and flashing business signs fencing on the west side of the sight hearing on EDC’s proposal, to 126th Street, and mandating 15ft. esplanade between East 70th and Land Use Chair Melinda Katz street-widths on wide streets and 78th Streets. In addressing the com- criticized EDC’s decision to begin 13ft. street-widths on all other munity’s concerns over traffic con- the land use process before select- streets. The Commission stated that gestion, the Hospital agreed to hire a ing a developer, while other Council it was imperative for the entire site to traffic/security guard to maintain Members questioned EDC’s plan be developed as a whole, and that if positive traffic flow, shift 15 percent to develop the entire site as opposed negotiations with local businesses of deliveries from East 71st Street to a to a more stepped approach that failed, eminent domain would be an loading zone along East 70th Street, would allow existing businesses to appropriate method of assembling and build a storage facility where remain in the area. 4 CityLand 87 the property for disposition as out- deliveries can be off-loaded and later (July 15, 2007). lined in the urban renewal plan. The distributed throughout the hospital. Shortly before the Planning Commission approved the modified Council Member Jessica Lappin Commission’s August 13, 2008 public plan, with only Commissioner Karen acknowledged that residents of the hearing related to the zoning A. Phillips voting no.

154 Volume 5 CITYLAND November 15, 2008 Review Process block of West 22nd Street, a narrow CPC: West 22nd Street Garage Lead Agency: Office, Deputy Mayor for Eco. street that is becoming primarily res- (C 070261 ZSM – special permit) (Sep- Dev., FGEIS idential in character with ground CITYADMIN Comm. Bd.: QN 7, App’d, 21-15-2 tember 24, 2008). floor commercial and retail uses. Boro. Pres.: App’d CITYLAND CPC: App’d, 11-1-0 Also, CB4 found the facility to be at Comment: The City Council: Pending odds with the “City’s broad policy of Council approved the application reducing vehicle traffic in Manhat- without modification on October CPC: Willets Point Development Plan 23, 2008. (C 080381 ZMQ – rezoning); (N 080382 tan below 110th Street,” and asked ZRQ – text amend.); (N 080383 HGQ – the Commission to deny AG’s appli- est. special district); (C 080384 HUQ – cation unless the number of parking CITY PLANNING COMMISSION des. urban renewal area); (C 080385 spaces was reduced to 20 percent of HDQ – disp. of property); (C 080221 the number of dwelling units, and a Rezoning/Text Amendment MMQ – City map amend.) (Sept. 24, majority of those spaces were Hunter’s Point, Queens 2008). CITYADMIN reserved for monthly parkers who live in the community. CB4 also Modified version of EDC’s CITY PLANNING COMMISSION requested that the 45 two-tier stack- plan moves to Council ers be eliminated from the proposal. Commission finds affordability issue Manhattan Borough President Special Permit outside its scope of review, modifies Scott Stringer disagreed with CB4’s Chelsea, Manhattan other aspects of plan. On September traffic analysis, and supported AG’s 24, 2008, the City Planning Commis- Commission OKs 137-space plan on the condition that the garage sion approved a modified version of garage near Ladies’ Mile would be operated as it was studied EDC’s Hunter’s Point South Redevel- in AG’s environmental assessment Community Board 4 recommended opment Plan. EDC’s plan seeks to statement. The EAS assumed that 83 create an affordable, middle-income disapproval unless parking was vehicles would park in the garage community along the waterfront reduced by approximately 20 spaces. overnight, 17 from accessory use and in Long Island City. The plan calls On September 24, 2008, the City 66 from the public. Stringer noted for 5,000 new residential units, 60 Planning Commission approved AG that since the EAS was completed percent of which would be afford- West 22nd Street Realty LLC’s special before AG increased the proposed able to middle-income families of permit application to build an number of residential units from 89 four making $55,000-$158,000. attended public parking garage at to 99, AG should increase accessory 5 CityLand 125 (Sept. 15, 2008). 133-145 West 22nd Street in Chelsea, use parking to 19 spaces if 99 units At the Planning Commission’s Manhattan. The special permit, if were constructed. August 13th public hearing, oppo- approved by Council, would allow a The Commission approved nents focused their criticism on the maximum of 137 spaces, with 47 AG’s application 11-1, with only affordability component of the plan. parking spaces and 45 two-tier Commissioner Karen A. Phillips vot- A representative of the Pratt Center stackers on portions of the first ing no. The Commission found that stated that most Queens residents floor, cellar, and sub-cellar of AG’s the garage would not create a signif- would be priced-out of the new proposed mixed-use development. icant adverse traffic impact since it development because more than 60 The new 99-unit residential build- would generate less than 50 addi- percent of residents make less than ing, with 2,211sq.ft. of ground floor tional vehicles per hour. The Com- the proposed minimum affordable retail space, would be an as-of-right mission also noted that a traffic income of $55,000. Opponents development, but a special permit study, submitted with AG’s EAS, stat- urged EDC to revise the plan so that would be required for the parking ed that there would be “no difference 50 percent of all units would be with- garage. The proposed development in the level of service at the sur- in the price range of those at or below is roughly bounded by 22nd and rounding intersections.” Based on the median income for Queens’ resi- 23rd Streets between Sixth and this finding, the Commission deter- dents, or those considered low- and Seventh Avenues. mined that the surrounding streets moderate-income families. Community Board 4 opposed would be able to handle the The Commission made several AG’s plan, in part, because it claimed increased traffic. modifications to the plan, but did that the surrounding streets would not recommend any changes to the be ill-equipped to handle an ULURP Process affordable housing component. The increase in traffic. CB4’s letter to the Lead Agency: CPC, Neg. Dec. Commission’s modifications includ- Comm. Bd.: MN 4, Den’d, 35-5-0 Planning Commission noted that Boro. Pres.: App’d ed: mandating tower top articulation the proposed parking facility would CPC: App’d, 11-1-0 on all four sides of buildings that be located on the northern mid- Council: App’d, 51-0-1 exceed 165ft. in height, increasing

November 15, 2008 Volume 5 CITYLAND 155 the transparency requirement for BSA PIPELINE ground floor commercial uses from 50 to 70 percent, increasing mini- mum base heights from 40 to 50ft. in New Applications Filed with BSA — October 1 - 31, 2008 certain areas, and prohibiting bal- APPLICANT PROJECT/ADDRESS DESCRIPTION APP. NO. REPRESENTATIVE conies in portions of buildings below VARIANCES a height of 70ft. With respect to the affordable housing component, the Moustafa Gouda 1994 Madison Ave., MN Const. 6-story mixed-use bldg. 255-08-BZ Eric Palatnik PC Moustafa Gouda 2000 Madison Ave., MN Const. 6-story mixed-use bldg. 256-08-BZ Eric Palatnik PC Commission stated that specific New Covenant Ch. 3550 Eastchester Rd., BX Const. church and school 248-08-BZ Eric Palatnik PC income levels were “beyond the 70 Wyckoff LLC 70 Wyckoff Ave., BK Legalize residential use 265-08-BZ Mark A. Levine scope of this action.” The Commis- Paula DiGrazia 2623 E. 11th St., BK Leg. enlgmt., permit new enlgmt. 253-08-BZ Fredrick A. Becker sion did note that the City’s afford- Yeshiva Yitzchok 1214 E. 15th St., BK Legalize use, enlargement 254-08-BZ Eric Palatnik PC able housing crisis affects middle- AAC Douglaston 242-02 61st Ave., QN Increase non-conformity of use 259-08-BZ Jeffrey A. Chester income families, and not just low- Cee Jay Real Est. 130 Adelaide Ave., SI 1-fam. dwelling (yards, parking) 249-08-BZ Rothkrug Rothkrug and moderate-income families. It SPECIAL PERMITS/OTHER ACTIONS further added that, while “a number of housing programs” have been cre- Robert Friedman 343 W. 42nd St., MN Legalize phys. cult. est. 258-08-BZ Rizzo Group ated for low- and moderate-income BP/CG Center II 139 E. 53rd St., MN Permit phys. cult. est. 244-08-BZ Rizzo Group 120 E. 56th LLC 120 E. 56th St., MN Permit phys. cult. est. 257-08-BZ Slater & Beckerman housing, no new programs have Harold Willig 2007 N.Y. Ave., BK Rear, front adds., attic 266-08-BZ Lewis E. Garfinkel been created for middle-income 3454 Star Nostrand 3454 Nostrand Ave., BK Allow Starbucks drive-through 247-08-BZ Howard S. Weiss housing since the Mitchell-Lama Sari Dana 1925 E. 5th St., BK Enlarge 1-fam. dwelling 250-08-BZ Fredrick A. Becker program expired in the mid-1970s. Cynthia Esses 2153 Ocean Pkwy., BK Enlarge 1-fam. dwelling 251-08-BZ Fredrick A. Becker

Review Process APPEALS Lead Agency: Office, Deputy Mayor for Eco. Dev., FEIS Breezy Pt. Co-op. 2 Devon Walk, QN Dwelling not fronting mapped st. 267-08-A Joseph A. Sherry Comm. Bd: QN 2, App’d, 20-0-0 Breezy Pt. Co-op. 11 Clinton Walk, QN Reconst., enlg. 1-fam. dwelling 252-08-A Gary D. Lenhart Boro. Pres.: App’d CPC: App’d, 12-0-0 ft. east of Lenox Avenue/Malcolm X BOARD OF STANDARDS & APPEALS Council: Pending Boulevard in Manhattan. The amendment stems from an CPC: Hunter’s Point South (C 080362 Variance agreement that Council Member ZMQ - rezoning); (N 080363 ZRQ – text Brownsville, Brooklyn amend.); (C 080276 MMQ – City map Inez Dickens negotiated with the amend.); (C 080364 PQQ – acq. of City prior to the Council’s approval of Accessory parking property); (C 080365 HAQ – UDAAP) the 125th Street rezoning plan. requirement waived (Sept. 24, 2008). 5 CityLand 53 (May 15, 2008). If the amendment is approved by the Developer claimed structural limita- tions made off-street parking eco- CITY PLANNING COMMISSION Council, maximum building heights in the C4-7 district will be reduced nomically infeasible. POKO Partners from 290ft. to 195ft., base commer- LLC, a property manager and devel- Text Amendment cial density will be 7.2 FAR bonus- oper of low-income housing, Harlem, Manhattan able to 8.65 FAR, base residential planned to convert a 50,000sq.ft. vacant theater at 1501 Pitkin Avenue Commission modifies 125th density will be 5.4 FAR bonusable to Street rezoning plan 7.2 FAR, and community facility use in Brooklyn into a seven-story will be 7.2 FAR, reduced from 10.0 mixed-use development with two floors of retail, commercial, and Building heights and densities FAR. Currently, base commercial use community facility space and five reduced along Harlem’s primary density is 10.0 FAR bonusable up to floors of residential use. If the 66-unit thoroughfare. In an effort to preserve 12.0 FAR, and residential use density building were constructed as pro- the scale and character of Harlem’s is 9.0 FAR bonusable up to 12.0 FAR. 125th Street, the City Planning Com- posed, 33 off-street parking spaces The amendment reflects the com- mission approved a text amendment would be required. POKO sought a munity’s preference for commercial on October 7, 2008 that lowers build- variance from the parking require- use over residential use, and its ing heights and reduces densities for ment from BSA. desire to discourage new luxury residential, commercial, and com- POKO claimed that providing housing development. munity facility uses. The affected off-street parking was infeasible area is located on the north side of CPC: 125th Street Follow-up Zoning partly because the existing building West 125th Street between Frederick Text (N 090031 ZRM- text amend.) covered the entire lot area, leaving no Douglass Boulevard and a point 545 (Oct. 7, 2008). open space for parking. POKO also

156 Volume 5 CITYLAND November 15, 2008 argued that structural limitations did east end of Pier 17, and construct a height of 120ft., and maintain a vari- not allow for subsurface parking new seven-building mixed-use com- ety of sizes in the proposed struc- since the existing cellar was shallow plex including a “boutique hotel.” tures. The boutique hotel would be and only partially excavated, and GGP also intends to construct a hung from a superstructure, with that if parking were required on the 495ft. residential/hotel skyscraper two sections separated by a trans- ground floor, rental income would just outside the historic district. parent skywalk. A series of pavilions be eliminated, thereby rendering the At the hearing, GGP Vice Presi- would be built beneath the FDR project economically infeasible. In dent Michael McNaughton testified Drive, which Pasquarelli believed response to BSA’s inquiry about that the company acquired the would help bridge the gap caused by whether the cellar could provide property in 2007, and originally the highway and draw pedestrians parking, POKO claimed that incon- intended to build a theater for Cirque to the pier. sistent cellar heights would require du Soleil on the pier. GGP later deter- Council Member Alan Gerson, costly demolition and might weaken mined that a theater would be “an in whose district the proposal lies, the aging, 1930s structure. inappropriate use,” and created a called the project “unacceptable,” BSA granted the variance, find- new plan that would reestablish the stating that it “does not reflect the ing that the as-of-right scenario with Seaport as “no longer an appendage history of the Seaport.” Preservation- ground floor parking would not pro- to the City, but part of the fabric of ists were unanimous in their opposi- vide a reasonable return. BSA also the City itself.” tion: Christabel Gough, of the Soci- found that eliminating the parking Architectural historian Elise ety for the Architecture of the City, requirement would not alter the Quasebarth, on behalf of GGP, testi- stated that the project “raises kitsch essential character of the neighbor- fied that the FDR Drive separated the to a new level,” while the Historic hood nor would it impair the future Tin Building from the Seaport’s other District Council’s Simeon Bankoff development of the area, noting merchant buildings, and the con- said he “categorically, emphatically, POKO’s contentions that the area struction of the new Pier 17 would and completely reject[s] every aspect contained several mixed-use build- cut the building off from the water- of this proposal.” Bankoff also stated ings and did not suffer from a lack of front if it remained in its current loca- that the “gargantuan scale and mass- on-street parking, and that adding tion. Quasebarth argued that GGP’s ing is like nothing found in the his- residential units would not generate plan to reconstruct the building at toric district.” significant parking demand since the east end of the pier would Many argued that the reloca- the anticipated, lower income resi- enhance the Seaport’s “sense of tion of the Tin Building was both dents were collectively expected to place.” Architect Richard Piper, who unprecedented and inappropriate. A own few cars. would be responsible for the Tin representative of the Municipal Art BSA: 1501 Pitkin Ave., Brooklyn (94-08- Building’s relocation and restora- Society testified that “a historic BZ) (Sept. 23, 2008) (Chris Wright, for tion, testified that a 1995 fire had building should be relocated from its POKO). CITYADMIN destroyed much of the original fab- original location only as a means of ric, and that the building had under- last resort,” not “for the convenience gone extensive alterations prior to of a developer.” Others took issue LANDMARKS PRESERVATION the fire. Piper testified that all of the with the scale of the residential/hotel COMMISSION building’s windows and signs were tower just outside of the district; unoriginal, and the cornice had been Andrea Goldwyn of the Landmarks Binding Report replaced with an imitation made of Conservancy stated that it would South Street Seaport, Manhattan fiberglass. Piper claimed that the “overwhelm the Historic District and relocated building would be closer to block views to the Brooklyn Bridge.” Proposed Pier 17 develop- the 1907 original than the existing Supporters of the development ment arouses controversy building. Gregg Pasquarelli, of SHoP Developer intends to relocate the Tin Architects, explained that moving SUBSCRIBE TO CITYLAND Building, site of the former Fulton the Tin Building was necessary to 1 year for $475 Fish Market. On October 21, 2008, allow views of the Brooklyn Bridge 2 years for $800 Landmarks considered a presenta- from the esplanade. tion on the redevelopment of Pier 17 Pasquarelli also presented a Send check payable to in the South Street Seaport Historic series of sea-themed buildings, Center for New York City Law District. Developer General Growth inspired by ships’ rigging, ribbing, 57 Worth Street Properties, which leases much of the and sails, as well as fishnets and fish New York, NY 10013 South Street Seaport from the City, scales. The developers chose to keep Phone 212-431-2115 intends to demolish the Pier 17 Mall, the seven new buildings inside the Fax 212-941-4735 relocate the 1907 Tin Building to the historic district under a maximum

November 15, 2008 Volume 5 CITYLAND 157 included the Alliance for Downtown residents testified in opposition, demolition went forward. Commis- New York, whose representative stat- asserting the architectural signifi- sioner Joan Gerner emphasized that ed that the project “embodies the cance of the O’Toole building, and St. Vincent was “the only level one spirit of the past in an exciting and taking issue with the size and scale of trauma center on the West Side,” and appropriate new context.” Author the new hospital. 5 CityLand 85 that if there were another 9-11 type Philip Lopate and filmmaker Ric (July 15, 2008). tragedy, St. Vincent’s continued Burns also sent letters in support of At the October 28th meeting, operation “could be a matter of life the development, with Lopate argu- Landmarks Chair Robert Tierney, and death.” Gerner admitted that ing against “preserving [the Seaport] in explaining his yes vote, stated that she voted to allow demolition “with a in amber.” he believed the demolition of great deal of regret.” With testimony having contin- O’Toole constituted the “least Commissioner Margery Perl- ued long past the meeting’s sched- negative impact” to the area, consid- mutter voted against demolition, uled end time, Chair Robert Tierney ering the alternative was to demo- stating that St. Vincent did not ade- closed the hearing without a lish four buildings on the east side of quately explore other alternatives, response from the developers or St. Vincent’s campus, two of which, and expressed skepticism that “St. questions from the Commissioners. the Spellman Building and the Nurs- Vincent’s needs could only be LPC: 80 and 95 South Street, Manhattan es’ Residence, were widely deemed achieved over O’Toole’s ashes.” (COFA# 09-3798) (Oct. 21, 2008). to be of historic value. Tierney Commissioner Roberta Brandes assured the audience that there were Gratz called the application “the LANDMARKS PRESERVATION “multiple safeguards” in place to most disturbing challenge to the COMMISSION ensure that all permits for the new Landmarks Law since the Grand hospital would be acquired before Central Station case,” and claimed Hardship Application Landmarks Actions Taken in October 2008 Greenwich Village, Manhattan St.Vincent wins hardship FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS battle on O’Toole Building ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D October 7, 2008 Landmarks approves demolition of 433 Broome St., MN SoHo-Cast Iron HD Construct rooftop addition; 09-1105; W/Mod; the O’Toole Building in a split deci- report to CPC (mod. of use) 09-3467 Yes sion. On October 28, 2008, Land- 15 Bank St., MN Greenwich Village HD Reconstruct facade 09-4040 W/Mod marks, by a vote of six to four, 143 Montague St., BK Brooklyn Heights HD Legalize bracket sign 09-2514 W/D October 14, 2008 approved St. Vincent Catholic Med- 17 W. 32nd St., MN Aberdeen Hotel Install entrance canopy 09-1500 Yes ical Center’s hardship application to 172 Duane St., MN West HD Const. 4-story addition 08-7877 W/Mod demolish the O’Toole Building, mak- 26 Commerce St., MN Greenwich Village HD Alter roof, enlg. extension 09-0214 Yes ing way for a new hospital in Green- 19 Washington Sq. N., MN Greenwich Village HD Inst. ramp, demo. chimney 09-2922 Yes wich Village on Seventh Avenue 19 W. 20th St., MN Ladies’ Mile HD Const. 16-story bldg., add. 08-8395 Yes between 12th and 13th Streets. 508 W. 26th St., MN West Chelsea HD Install infill, access ramp 09-2147 Yes After Landmarks advised that it 133 E. 73rd St., MN Upper East Side HD Const. roof add., alt. facade 09-0250 Yes would not approve a certificate of 334 W. 89th St., MN Riverside-West End HD Repl. fence, inst. trash encl. 08-4655 Yes appropriateness for the proposal, St. 155 Noble St., BK Greenpoint HD Alter areaway, inst. canopy 08-4237 Yes Vincent filed a hardship application, 832 Manhattan Ave., BK Greenpoint HD Const. rooftop, rear yard adds. 08-0975 Yes arguing that it could no longer pur- 430 Henry St., BK Cobble Hill HD Install dormer windows 08-7743 sue its charitable activities in its cur- October 21, 2008 rent facilities. In support of its appli- 866 Broadway, MN Ladies’ Mile HD Repl. infill, alt. bulkhead 09-3680 Yes cation, St. Vincent presented an 12-14 E. 62nd St., MN Upper East Side HD Const. rooftop adds. 09-3778 W/Mod 12-18 E. 62nd St., MN Upper East Side HD Report to CPC (special permit) 09-5779 Yes array of expert testimony over sever- 45 E. 74th St., MN Upper East Side HD Const. stoop, rear, roof adds. 09-3813 W/Mod al hearings. State and federal health 312 W. 88th St., MN Upper West Side/CPW HD Const. rear yard addition 09-1612 Yes care experts stated that the hospital’s 58 Hicks St., BK Brooklyn Heights HD Alter facades, const. addition 08-6946 W/Mod current facilities were outdated and 194 Sterling St., BK Prospect Lefferts Gdn. HD Legalize ironwork installation 09-0110 No inefficient, and failed to meet cur- 35-18 87th St., QN Jackson Heights HD Replace roofing 09-1478 Yes rent standards for best practices and October 28, 2008 patient care. St. Vincent also provid- 307 Canal St., MN SoHo-Cast Iron HD Replace infill 08-7350 Yes ed evidence that purchasing land 53 Great Jones St., MN NoHo HD Ext. Install infill, exhaust duct 09-2492 Yes elsewhere in the City would be too 20 Seventh Ave., MN Greenwich Village HD Demo. O’Toole Building 08-8617 Yes costly. Preservationists and some 133 W. 13th St., MN Greenwich Village HD Alter facades, areaways 09-2272 W/Mod

158 Volume 5 CITYLAND November 15, 2008 that the question of the hospital’s worth to the community was outside the Commission’s purview. Gratz argued that approval of the demoli- tion would set a “disastrous prece- dent.” Landmarks ultimately voted to approve the application by a vote of six to four, with Tierney, Commis- sioners Gerner, Fred Bland, Diana Chapin, Libby Ryan, and Pablo Ven- goechea approving, and Perlmutter, Gratz, Stephen Byrns, and Roberta Washington opposing.

LPC: 20 Seventh Ave., Manhattan (08- 8617) (Oct. 28, 2008).

LANDMARKS PRESERVATION COMMISSION

Certificate of Appropriateness 172 Duane Street. Photo: Jesse Denno Tribeca, Manhattan (July 15, 2008). tor bulkhead from the roof. 4-story addition approved for The amended proposal Commissioners generally Tribeca, design praised retained many of the design ele- found the revised design appropri- ments which distinguished the proj- ate and compelling. Commissioner Architect of pre-designation renova- ect, including cast-bronze trusses Fred Bland called the building “exhil- tions also chosen to design new resi- supporting a glass screen wall that arating,” praising its “idiosyncratic dential addition. On October 14, contains an open space Polsinelli and personal” nature in an increas- 2008, Landmarks voted to approve termed “the winter garden.” The ingly “generic City.” Commissioner the construction of a four-story addi- screen wall is slightly angled to paral- Christopher Moore stated that he tion with a penthouse to the two- lel Duane Park, which the building appreciated “the artistry and passion story structure at 172 Duane Street in faces. In response to Landmarks’ of the architect,” but felt that a one- the Tribeca West Historic District. criticism from the previous hearing, story “studio” on top of the pent- The site was originally home to an Polsinelli pushed back the pent- house should be removed, a senti- 1872 store-and-loft building, used house 21ft., and reduced the height ment that Commissioner Roberta for a wood importing business. of an exterior stairwell by six feet. Brandes Gratz echoed. Commis- More recently, in the 1980s, The architect also reduced the num- sioner Stephen Byrns, who ultimate- owners of 172 Duane hired architect ber of bronze trusses from four to ly voted against the project, found Vincenzo Polsinelli and undertook two, which he believed created a the addition “a bit too tall for a two- extensive renovations, which elimi- lighter effect, and removed an eleva- story base,” and recommended the nated most of the building but left the restored cast-iron facade as a LANDMARKS PIPELINE free-standing sculptural element, and built a glass brick-faced building seven feet behind the facade, creat- Proposed Designations – October 2008 ing a glowing effect at night. The NAME ADDRESS ACTION DATE newest owner of 172 Duane, 172 St. Nicholas Church 288 E. 10th St., MN Heard 10/28/2008 Realty LLC, also retained Polsinelli to F.W. DeVoe Factory 110 Horatio St., MN Designated 10/28/2008 design a residential addition to the Con Edison Bldg. 4 Irving Pl., MN Heard 10/28/2008 existing building. Polsinelli’s original 144 W. 14th Bldg. 144 W. 14th., MN Heard 10/28/2008 proposal, presented at Landmarks St. Stephen’s Church 141 E. 28th St., MN Designated 10/28/2008 on June 10, 2008, won praise for Grammar School No. 9 460 West End Ave., MN Calendared 10/28/2008 NY Bot. Gdn. Bldg. Watson Dr., BX Heard 10/28/2008 the inventiveness of its design, but Prospect Heights HD Prospect Heights, BK Heard 10/28/2008 Commissioners ultimately conclud- Jamaica High School 167-01 Gothic Dr., QN Calendared 10/28/2008 ed that its bulk was excessive for P.S. 66 85-11 102nd St., QN Calendared 10/28/2008 the historic district. 5 CityLand 99 Ridgewood North HD Ridgewood, QN Calendared 10/28/2008

November 15, 2008 Volume 5 CITYLAND 159 height be reduced by a floor. Chair ADMINISTRATIVE DECISIONS commercial building to be used as a Robert Tierney found enough con- photography studio in conjunction sensus to call a vote, and Landmarks with GAC’s catering hall. In support Conflicts of Interest Board approved the addition, provided the of its application, GAC claimed that rooftop studio was removed. Citywide commercial uses predominated the Architect fined $750 neighborhood, and that its broker LPC: 172 Duane St., Manhattan (COFA# was unable to sell or lease the prop- 08-7877) (Oct. 14, 2008). Former DOB plan examiner contact- erty as a residence because of the ed DOB on behalf of employer about heavy traffic on Hylan Boulevard. a problem with its e-filing system. ECONOMIC DEVELOPMENT GAC also submitted an economic John Tsarsis had been employed by feasibility study indicating that CORPORATION the Department of Buildings as a development in strict conformity plan examiner for six years. In 2007, with the current residential zoning Acquisition Tsarsis worked for a short period would not yield a reasonable rate Coney Island, Brooklyn with Ismael Leyva Architects, but of return. then began working as a senior proj- BSA granted the variance, and EDC purchases a one-acre ects and code and zoning manager Edward J. Vomero, a next door neigh- site in Coney Island for Milrose Consultants. Less than a bor, filed an Article 78 petition seek- year after leaving Buildings, Tsarsis Announcement comes about three ing to annul BSA’s determination. contacted the Department on behalf months after Thor Equities failed to Vomero argued that the hardship of Milrose. Tsarsis e-mailed Build- was self-created since GAC was close on the same parcel. On October ings’ executive director of operations 15, 2008, the NYC Economic Devel- aware of the residential zoning redesign, seeking advice on how to prior to purchasing the lot. Vomero opment Corporation announced resolve a computer problem that submitted proof that a buyer had that it entered into a property acqui- Milrose was experiencing with offered to buy the property for sition agreement with Ward Realty Building’s e-filing system. Tsarsis $415,000, and also claimed that Corp. for the purchase of a one-acre acknowledged that by contacting because the property was bought for site in the amusement core of Coney Buildings on behalf of Milrose, he $275,500 and its market value had Island, Brooklyn. The site, located violated the City’s conflicts of interest recently been appraised at $384,000, laws that prohibit a former public within the nine-acre area that the it was possible for GAC to receive a servant from appearing before the City has designated to be parkland, is reasonable rate of return. City agency they worked for within the current home of the Wonder A lower court ruled that GAC’s one year after terminating their Wheel Amusement Park. hardship was self-created based on employment. The Conflicts of Inter- Until about three months ago, its prior knowledge of the lot’s zon- est Board fined Tsarsis $750. Ward Realty Corp. expected Thor ing. 3 CityLand 126 (Sept. 15, 2006). Equities to acquire the property. Tsarsis, COIB Case No. 2008-624 The court found that nothing in the However, when it came time to close, Oct. 17, 2008. record supported BSA’s determina- Thor expressed its desire to renegoti- tion that GAC’s lot was unique in ate the contract, and the parties comparison to the similarly sized, failed to reach an agreement. Shortly COURT DECISIONS residentially developed adjacent thereafter, EDC agreed to purchase lots, and that while the neighbor- the site for the same price Thor orig- BSA hood’s mix of commercial and resi- inally agreed to pay, approximately New Dorp, Staten Island dential uses may indicate the unrea- 11 million dollars. BSA variance on Staten Is. sonableness of the current zoning, it The acquisition brings the total residential site upheld did not prove the uniqueness of amount of City-owned property in GAC’s lot. The court annulled the the area to about four acres. EDC Appellate Division reverses lower variance, ruling that BSA’s determi- nation was not supported by sub- anticipates purchasing more prop- court in a three-two opinion. GAC Catering Inc. purchased a one- stantial evidence. The City appealed. erty within the development foot- family home on the corner of Otis In a three-two decision, the Sec- print in the coming months. Avenue and Hylan Boulevard in ond Department reversed the lower NYC Economic Development Corpora- Staten Island, across the street from court, ruling that BSA’s determina- tion reaches property acquisition its catering business. GAC demol- tion had a rational basis and was not agreement with Ward Realty Corp. in ished the house, and applied to BSA arbitrary or capricious. The appellate Coney Island, EDC Press Release for a variance from residential zon- division ruled that there was nothing (Oct. 15, 2008). ing in order to construct a two-story in the record to conclude that GAC’s

160 Volume 5 CITYLAND November 15, 2008 property was substantially different ties in the area that had unique phys- forming uses impractical. from other similarly situated proper- ical conditions which made con- The panel also ruled that BSA’s CITYLAND PROFILES Alessandro Olivieri: Continuing a family tradition of public service t should because of the wide variety of issues fac- also stressed that while community board I come as no ing the multi-faceted Department. As approval was not required, Parks always surprise that General Counsel, Olivieri not only coordi- considers the opinions of the community Alessandro nates with the City’s Law Department on boards as a project moves through the Olivieri, General ongoing litigation, but also advises Parks public process. Commissioner Adrian Benepe on a host of Counsel for the Evolving Parks. Olivieri talked enthu- issues, including policy, environmental, New York City siastically about the future of City parks. and land use matters. The “psychic Department of income” he receives from managing the In particular, he’s excited about the Parks and Re- complex issues related to the use of park- Greenpoint-Williamsburg Waterfront Re- creation, decided to leave private practice land, and the tangible results he is able to development. As a child growing up in the for public service. When asked about the see firsthand, keep him in public service. City, he never considered utilizing the career change he made a decade ago, Challenges at Parks. The Parks mostly inaccessible waterfront. But things Olivieri credited some of his most impor- Department is responsible for more than tant role models — his family members. have changed since then. Olivieri 29,000 acres of land, including 4,000 Pointing to a commemorative piece on his described how Parks, through the Green- individual properties. Olivieri recognizes office wall containing photographs of the point-Williamsburg Waterfront Access the importance of parks to City residents, Hudson River and his maternal grand- Plan, is taking steps to provide a compre- and their passionate interest in the parks’ mother, Frances “Franny” Reese, Olivieri hensive and contiguous waterfront park uses and design. Olivieri points out that if spoke with quiet pride about her river along the East River, spanning from one were to ask five New Yorkers what conservation work with Scenic Hudson. was the best use for parkland, there Williamsburg to Greenpoint. Under cur- On another wall hangs a plaque honoring rent zoning regulations waterfront prop- his father, Antonio “Tony” Olivieri, a would likely be five different answers, erty owners are required to build and former New York City Council Member and they could all be right. Olivieri sees maintain public access to the waterfront. at Large and a New York State Assembly the role of the Parks Department as bal- Member. His maternal grandfather, ancing these competing interests in order Alternatively, property owners would have Willis L.M. Reese, a civic-minded Profes- to maintain and create parkland that the option to transfer the property to sor of Law at Columbia University, was everyone can use and enjoy. the City. Parks would then maintain also an important influence in Olivieri’s At times, as Olivieri explained, it’s dif- the waterfront as parkland, and the main- career path. ficult to make everyone happy. Olivieri tenance would be funded, in part, by cited the rehabilitation of Washington The apple doesn’t fall far from the annual payments from the adjacent Square Park. Phase one of the long-dis- tree. Olivieri is also a graduate of Colum- property owners. puted plan is currently underway and bia Law School, where he contributed to City parks have co-evolved with the the Columbia Journal of Environmental scheduled to be completed in early 2009. recreational proclivities of City residents. Law. After law school, Olivieri became an The renovation got off to a rocky start associate at the law firm of Lord Day & when neighborhood residents filed three While traditional ballfields, and pastoral Lord, Barret Smith; he later moved to unsuccessful legal challenges to the proj- space are still abundant, Olivieri cited Morgan Lewis & Bockius, where he prac- ect. The residents claimed that the envi- examples of some non-traditional uses, ticed insurance and securities litigation. ronmental assessment was flawed, and such as the high-rope adventure course Olivieri speaks fondly of his time in pri- also that Parks had failed to disclose in Queens, the rings course in Riverside vate practice, but his family history in details of the renovation plan to the local Park, and the many skate parks through- conservation and public affairs pulled him community board. When asked why there out the City. Olivieri praises the was opposition to the project, Olivieri toward the civic arena. After two Bloomberg administration for its strong and a half years as head of the Parks believes that any plan would have been belief that parkland is not a luxury, but Department’s disciplinary unit, Olivieri met with some opposition because of the rather a necessity for the City’s residents. was named General Counsel in May, unique history of Washington Square 2000. In 2002, Olivieri received the Park. Olivieri also pointed out that Parks As General Counsel, Olivieri enjoys his Agency Counsel Recognition Award by the had worked closely with the Law Depart- role in helping to ensure that residents City’s Law Department. ment’s Environmental Law Division in the never have to go without this necessity. Olivieri says he was drawn to Parks development stages of the project. He — Peter Schikler

November 15, 2008 Volume 5 CITYLAND 161 reliance on GAC’s economic study compensable trade fixtures when The Court of Appeals rejected was appropriate despite the pres- functional utility is reduced. After the the lower courts’ rulings, finding ence of some non-conclusive City acquired title to Kaiser Wood- that compensability requires a loss evidence offered by Vomero. The craft’s property through eminent in functional value, not merely an court further ruled that knowledge domain, Kaiser’s appraiser valued economic loss. The Court pointed of the lot’s zoning prior to purchase compensable trade fixtures at about out that the items in question were did not, by itself, constitute a self- $577,000. The appraisal included all standard woodshop equipment created hardship. several industrial woodworking with no unique design or special tools, including a large table saw and relationship to one another, and Vomero v. City of New York, 2008 N.Y. several heavy duty hand tools. The would not lose functional value Slip Op. 7251, (2nd Dep’t Sept. 30, 2008) if removed from the property or (Attorneys: Samuel L. Scollar, for City’s appraiser valued the compen- sold secondhand. Vomero; Michael A. Cardozo, Edward sable trade fixtures at $128,936, excluding many items on Kaiser’s F.X. Hart, Tahirih M. Sadrieh, for NYC). Kaiser Woodcraft Corp. v. New York City, list, noting that many were of stan- 2008 N.Y. Slip Op. 08157 (N.Y. Oct. 28, dard design and could function with 2008) (Attorneys: Michael Rikon, for COURT DECISIONS the same utility if relocated or used Kaiser; Michael A. Cardozo, Paul T. by another business. The trial court Rephen, Rochelle Cohen, Fred Kolikoff, Eminent Domain/Trade Fixtures and First Department agreed with for NYC.) Melrose, Bronx Kaiser, with the appellate panel find- Did you know? Ct. excludes tools from ing, in part, that most items were compensable trade fixtures compensable trade fixtures because In 1646, Brooklyn, originally known they would depreciate substantially as Brueckelen Village, became the Court of Appeals reverses lower if removed from the premises or sold first municipality in what is now courts,finds that items may qualify as on a secondhand market. New York State.

New Decisions Added to CITYADMIN www.citylaw.org – October 2008*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 1628 Van Buren/Greene, BK UDAAP by HPD (11 lots) 9/24/2008 † 1629-32 Whitney Museum, MN Zoning text amendment; acquisition 9/24/2008 of property ( maint. facility); disposition of City prop., easements; special perm. (museum use in M1-5) 1633 Mole Bar & Grill, MN Revocable consent (sidewalk cafe) 9/24/2008 1634 Papa Johns Pizza, MN Revocable consent (sidewalk cafe) 9/24/2008 † 1635-36 Budget Rent-A-Car, QN City map amendment; 9/24/2008 zoning map amendments 9/24/2008 † 1637 Waldheim Rezoning, QN Zoning map amendment 9/24/2008 1638 P.S. 89, BK Construct 430-seat school 9/24/2008 1645-48 Hospital for Spec. Surgery, MN Special perm. (const. 12-story hosp. bldg.); 10/7/2008 City map amendment; special permit (enlarge hosp. bldg.); zoning text amendment † 1649-52 E. 125th St. Development, MN UDAAP by HPD (26 lots); approval of 10/7/2008 Urban Renewal Plan; zoning map amendment; approval of Urban Renewal Area designation 1653 George Cunningham Store, SI Landmark designation 10/7/2008 1654 29-02A F. Lewis Blvd., QN Withdrawal of revocable consent application 10/7/2008 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE Tribeca North Text Amend. Zoning text amend. (street wall, bldg. heights) MN 1 N080297ZRM 9/24/2008 W. 22nd St. Garage Special permit (137-space garage) MN 4 C070261ZSM 9/24/2008 Biltmore Garage Special permit (60-space garage) MN 5 C030513ZSM 9/24/2008 Hunter’s Point South City Map amendment; QN 2 C080276MMQ; 9/24/2008 rezoning; text amend; acquistion of property C080362ZMQ; (30 acres); UDAAP (6 lots) N080363ZRQ; C080364PQQ; C080365HAQ *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

162 Volume 5 CITYLAND November 15, 2008 New Decisions Added to CITYADMIN www.citylaw.org – October 2008*

CITY PLANNING COMMISSION (CONT.) PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE Willets Pt. Development City map amendment; zoning map QN 7 C080221MMQ; 9/24/2008 amendment; zoning text amend. (est. C080381ZMQ; special district); designate urban renewal N080382ZRQ; area; acquisition of property; disposition N080383HGQ; of City property C080384HUQ; C080385HDQ NYFD Storage Facility Site selection (vehicle storage) SI 2 C050138PSR 9/24/2008 NYCWiN Telecom Tower Special permits (120-ft. telecomm. tower) SI 3 C080448ZSR; 9/24/2008 C080450ZSR Channel 16 Telecom Tower Special permit (112-ft. telecomm. tower); SI 3 C080476ZSR; 9/24/2008 site selection C080477PSR BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 432 Lafayette St., MN Spec. perm. (permit school in res./comm. bldg.) App’d 194-08-BZ Fredrick A. Becker Penn Plaza, MN Spec. permit for PCE (Bally Sports) W/D 165-08-BZ Wachtel & Masyr 5 W. 125th St., MN Ext. time to complete const. W/D 151-08-BZ Howard Goldman 2100 Bartow Ave., BX Ext. time to obtain C of O (PCE) App’d 68-94-BZ Cozen O’Connor 1121 E. 28th St., BK Spec. permit (enlg. 1-fam dwelling) App’d 145-08-BZ Fredrick A. Becker 1383 E. 27th St., BK Spec. permit (enlg. 1-fam dwelling) App’d 148-08-BZ Dennis Dell’Angelo 1501 Pitkin Ave., BK Waive parking reqs. for mixed-use dev. App’d 94-08-BZ Howard Goldman 220 Water St., BK Residential conversion of industrial bldg. App’d 245-07-BZ Howard Goldman 2000 Rockaway Pkwy., BK Ext. time to obtain C of O (Mobil) App’d 709-55-BZ Walter T. Gorman 1912 New York Ave., BK Variance (enlg. res. to incl. synagogue) App’d 291-07-BZ Eric Palatnik PC 7606 7th Ave., BK Ext. time to obtain C of O (med. office) App’d 605-86-BZ Anthony M. Salvati 5-11 47th Ave., QN Variance (const. 13-story res. bldg.) App’d 238-07-BZ Howard Goldman 90-22 176th St., QN Ext. time to complete const. Denied 230-07-BZ Rothkrug Rothkrug 80-02 Kew Gdns. Rd., QN Ext. time to obtain C of O (PCE) App’d 222-90-BZ Cozen O’Connor 1101 Victory Blvd., SI Spec. permit (medical office) App’d 89-08-BZ Eric Palatnik PC 555 Foster Rd., SI Variance (const. 1-fam., lot area, yards) App’d 9-08-BZ Rampulla Assocs. LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 26 Broadway, MN Standard Oil Bldg. Install flagpole 09-4140 Yes 9/30/2008 2 Park Ave., MN Kahn Bldg. Est. master plan (install infill) 09-4003 Yes 9/30/2008 230 Park Ave., MN Helmsley Bldg. Install door, podium 09-4042 Yes 9/22/2008 600 Broadway, MN SoHo-Cast Iron HD Install chillers, dunnage 09-3769 Yes 9/16/2008 41 Bond St., MN NoHo HD Ext. Const. 8-story bldg. 09-3742 Yes 9/30/2008 400 Bleecker St., MN Greenwich Village HD Remove infill, inst. storefront, signs 09-4671 Yes 10/20/2008 777 Washington St., MN Greenwich Village HD Extend rooftop add., const. courtyard 09-4270 Yes 10/9/2008 238 E. 15th St., MN Stuyvesant Sq. HD Const. access ramp, fence 09-4272 Yes 10/3/2008 18 Gramercy Pk. S., MN HD Replace windows, inst. doors 09-2618 Yes 9/22/2008 361 W. 22nd St., MN Chelsea HD Construct rooftop addition 09-3845 Yes 9/18/2008 799 Park Ave., MN Upper East Side HD Inst. fence, relocate HVAC equip. 09-3977 Yes 9/23/2008 1147 Park Ave., MN Carnegie Hill HD Alter front facade 09-4320 Yes 10/6/2008 4662 Grosvenor Ave., BX Fieldston HD Const. vestibule, repl. windows 09-4154 Yes 9/30/2008 36 Grace Ct., BK Brooklyn Heights HD Repl. facade, const. rear addition 09-3900 Yes 9/19/2008 166 Montague St., BK Brooklyn Heights HD Install wheelchair lift 09-4192 Yes 9/23/2008 143 Kent St., BK Greenpoint HD Const. side yard, rooftop additions 09-4164 Yes 9/30/2008 160 Franklin St., BK Greenpoint HD Replace infill, inst. awnings 09-3850 Yes 9/22/2008 74 Hudson Ave., BK Vinegar Hill HD Replace infill 09-4565 Yes 10/15/2008 34-42, 34-44, 34-46 Jackson Heights HD Legalize iron fence 09-4008; Yes 9/30/2008 88th St., QN 09-4010; 09-4011

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

November 15, 2008 Volume 5 CITYLAND 163 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

Willets Point, as envisioned by EDC. See story on page 154. Image: EDC.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS CLE SERIES Tuesday, December 2, 2008 The New NYC Construction Codes Speakers: Phyllis Arnold, Deputy Commissioner for Legal Affairs and Chief Code Counsel, NYC Building Department Olivia Treglio Goodman, Senior Counsel, Division of Legal Counsel, NYC Law Department

6:00 p.m. – 8:00 p.m. at Wellington Conference Center New York Law School, 47 Worth St., N.Y., N.Y. $200 for 2.0 Professional Practice Credits, Transitional or Nontransitional. Discount available for CityLand subscribers. Please reserve in advance: T 212.431.2115 | F 212.941.4735 | www.citylaw.org | [email protected] CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support from: AGENCY NUMBER OF YEARS Manatt, Phelps & Phillips, LLP NAME DECISIONS AVAILABLE Speaker Christine Quinn, BSA 2,846 2002-Present New York City Council Council 1,084 2003-2005 Weil, Gotshal & Manges LLP CPC 941 2003-Present Gibson, Dunn & Crutcher LLP DOB 68 1999-Present Landmarks 2,026 2002-Present Kramer, Levin, Naftalis & Frankel, LLP Loft Board 1,539 1996-Present