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February 2006 Volume 3 CITYLAND 1 COMMENTARY

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February 2006 Volume 3 CITYLAND 1 COMMENTARY CITYLAND FEBRUARY 15, 2006 center for new york city law VOLUME 3, NUMBER 1 Highlights CITY COUNCIL Bronx Terminal Market plan . .1 Whitestone, Queens downzoned . .3 Three SI rezonings . .4 East Harlem studio rezoned . .5 Hudson Yards FUCA . .5 CITY PLANNING COMMISSION Three Bronx rezonings . .6 Two South Brooklyn rezonings . .7 82-foot telecomm. tower in SI . .8 BOARD OF STANDARDS & APPEALS 15 stories on Superior Ink site . .8 5-story devel. in Greenwich Vill. .9 SoHo artists’ bldg. to expand . .10 200-unit devel. at RKO Theater . .11 10 C of Os revoked in Flushing . .12 Rendering of the Bronx Terminal Market Gateway Center. Used with permission of The Marino Organization. LANDMARKS CITY COUNCIL Council also approved three special Fieldston HD designated . .12 permits to allow a six-building retail Museum addition approved . .13 Rezoning center and 250-room hotel, a con- nected 6-level public parking Seaman Cottage designated . .13 West Concourse, Bronx garage with 2,610 spaces, and sig- COURT DECISIONS Bronx retail center approved nage exceeding the allowable Relaxed standard for variance . .14 square footage. The sixth action 2 Columbus Circle sale aff’d . .14 Mall-type retail center to be approved disposition of the 19-acre BSA told to reconsider app. .14 developed on site of Bronx Terminal project site from the City to the EDC QN church fights to stay open . .15 Market. The NYC Economic Devel- for subsequent disposition to the Landmarks report incorrect . .15 opment Corporation and BTM real estate management firm Relat- Columbus Ave. café fined . .16 Development Partners obtained ed Companies, Inc. Council’s approval for six actions At the Council’s January 23, Letter to the Editor . .16 related to development of a one- 2006 Subcommittee on Zoning and million square-foot, multi-level CHARTS Franchises hearing, a representative retail center at the site of the Bronx for Assemblywoman Aurelia Greene, DCP Pipeline . .6 Terminal Market in West Con- along with local residents and mer- ULURP Pipeline . .7 course, Bronx. Two approved map chants supported the project and BSA Pipeline . .9 amendments eliminated streets emphasized the need to revitalize Landmarks Actions . .12 between River and Cromwell the neighborhood and create jobs. Landmarks Pipeline . .14 Avenues and rezoned the project Friends of Brook Park also spoke in Citylaw.org New Decisions . .17 site from M2-1 to C4-4 to permit favor of development, but urged the large scale retail development. The Council to sup- (cont’d on page 3) February 2006 Volume 3 CITYLAND 1 COMMENTARY Buildings Commissioner Patricia J. Lancaster comments on an item covered in the last issue of CITYLAND. To the Editor, I am writing in response to the Center’s CITYLAND article “Council Disparages DOB” (December 2005). As you know, the article extensively quotes members of the City Council criticizing the Department of Buildings, of which I am Commissioner. As a main communication vehicle of a prominent academic institution, I know CITYLAND is interested in learning both sides of any story, including this one regarding the intricacies of the downzoning in Staten Island. Had we had the opportunity, my office would have been happy to respond to any questions the Center may have had as well as to the council members’ derogatory remarks. The Department of Buildings interprets - not produces - the Zoning Resolution in which the “loopholes” were discovered. In response to the charges that we permitted building when we shouldn’t have, it is necessary to remem- ber that the Board of Standards and Appeals (BSA) upheld our interpretations. If the Zoning Resolution does not prohibit the building and the application is otherwise Code compliant, New York State law is clear: we have a min- isterial duty to grant a permit (regardless of how unpopular the decision may be). If we think that the building does not comport with either the intent of the Zoning Resolution or is otherwise inappropriate, we work with the Depart- ment of City Planning to revise the text of the Resolution. But we cannot ignore the law. Since taking the helm in 2002, I have made every effort to reform the Department of Buildings into a trans- parent, efficient and accountable engine. Every day we forge ahead with an aggressive agenda while tackling chal- lenges head on. I am glad the public can now scrutinize the processes of the agency. That it has become transpar- ent and accountable enough to allow such examination is a great and welcome step in the right direction. Very truly yours, Patricia J. Lancaster, FAIA Commissioner CITYLAND Ross Sandler Robert Merola Jeffrey Ocasio Executive Editor and Director, Design Director Web Master The Center expresses appreciation to the individu- Center for New York City Law als and foundations supporting the Center and its Michele M. Herrmann ‘06 Melanie Cash ‘02 Kevin Schultz ‘05 Contributing Writer work: The Steven and Sheila Aresty Foundation, Associate Director Fellow in New York City Law The Robert Sterling Clark Foundation, Fund For Lydia Mann ‘07 Laurie A. Moffat ‘07 the City of New York, The Horace W. Goldsmith Molly Brennan Jesse Denno Scott Taffet ‘07 Foundation, The Murray Goodgold Foundation, Editor, CityLand Publication Prod. Assistant Research Assistants Jerry Gottesman, The Marc Haas Foundations, The CITYLAND ADVISORY BOARD New York Community Trust, The Prospect Hill Foundation, and The Revson Foundation. Kent Barwick Howard Goldman Frank Munger Andrew Berman David Karnovsky Carol E. Rosenthal CITYLAN D (ISSN 1551-711X) is published 11 times Albert K. Butzel Ross Moskowitz ‘84 Paul D. Selver a year by the Center for New York City Law at New York Law School, 57 Worth St., New York City, New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mail: [email protected], website: www.city- Stanley S. Shuman, Michael D. Hess Norman Redlich law.org © Center for New York City Law, 2005. All Chair rights reserved. Printed on recycled paper. Maps Lawrence S. Huntington ‘64 Joseph B. Rose CITYLAND Arthur N. Abbey ‘59 William F. Kuntz II Ernst H. Rosenberger ‘58 presented in are from Map-PLUTO Harold Baer, Jr. copyrighted by the New York City Department of Eric Lane Rose Luttan Rubin David R. Baker City Planning. City Landmarks and Historic Dis- Randy M. Mastro Frederick P. Schaffer Edward N. Costikyan tricts printed with permission of New York City Richard Matasar Paul A. Crotty Frederick A.O. Schwarz, Jr. Landmarks Preservation Commission. Robert J. McGuire Richard J. Davis O. Peter Sherwood Francis McArdle Edward Wallace POSTMASTER: Send address changes to Fernando Ferrer CITYLAND Michael B. Gerrard John D. McMahon ‘76 Richard M. Weinberg , 57 Worth Street, New York, New York Judah Gribetz Thomas L. McMahon ‘83 Peter L. Zimroth 10013-2960. Periodicals postage paid at New York, New York. Kathleen Grimm ‘80 Steven M. Polan James D. Zirin 2 Volume 3 CITYLAND February 2006 port the creation of a park with waterfront access next to the site. Opponents criticized the EDC’s fail- ure to disclose names of potential tenants, expressed concern over the lack of commitment to minority and union jobs, and argued that retailers such as Wal-Mart and BJ’s would be detrimental to the com- munity. Opponents also urged the Council not to approve an aestheti- cally out-of-context, suburban-type mall that would fail to serve the lower income community and cre- ate excess traffic. The Bronx Terminal Market’s current tenants testified in favor of development, but wanted to be included in the redevelopment or relocated as a group to preserve the practical benefits of a central mar- Whitestone Rezoning and Whitestone Locator Map. Used with permission of the New York City ket. In negotiations, the tenants Department of City Planning. All rights reserved. suggested a new market on the site 12 opposed, the Planning Commis- Clearview Expressway and Little previously proposed for the 2012 sion unanimously approved on Neck Bay to the east, 25th and 26th Olympic Velodrome in the South December 19, 2005. Avenues to the south and the East Bronx, but accepted a buyout from River to the north. the EDC based on square footage Council: Bronx Terminal Market Gate- The rezoning, like other recent with no relocation plan, allowing way Center (February 1, 2006); CPC: down-zonings in Queens, was pro- them to remain in business until Bronx Terminal Market Gateway Center posed to address overdevelopment June 1, 2006. (C 050074 MMX – map amendment); (C 050529 ZMX – map amendment); (C and out-of-character construction, The Council approved on Feb- 050530 ZSX – special permit, parking retain the area’s low density char- ruary 1, 2006 by a vote of 49-1-1, garage); (C 050531 ZSX – special permit, acter, and prevent commercial with Council Member Charles Bar- retail center); (C 050532 ZSX – special uses from encroaching onto resi- ron voting in disapproval and permit, signage); (C 050539 PPX – dis- dential streets. The approved Council Member Hiram Monserrate position of property) (December 19, action replaced existing R3-1, R3-2 CITYADMIN absent from the vote. At the Council 2005). and R2 zoning districts with four meeting Bronx Council Member districts (R1-2, R2A, R3X and R3A) Joel Rivera commented that regard- CITY COUNCIL that will generally limit future less of which retailers serve as ten- development to mostly one-family ants, new development would be Rezoning detached homes in R1-2 and R2A “one thousand times better than districts and some two-family what currently exists.” Whitestone, Queens detached homes in R3X and R3A ULURP Process: As lead agency, Queens neighborhoods districts. The new districts specifi- the Office of the Deputy Mayor for down-zoned cally limit lot coverage, perimeter Economic Development and wall heights, garage size, attic Rebuilding issued a final EIS on Council approves new lower heights, and building heights to December 8, 2005 which identified density and contextual zoning to eliminate the means available in mitigating measures for historic preserve the existing neighborhood an R2 zoning district to double the preservation, traffic, and pedestrian scale.
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