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 connected 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 challenges 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 community. 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 create 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. On December 21, 2005, the permitted floor area. use. The six applications were City Council approved the Planning The commercial rezoning approved by Community Board 4 on Department’s rezoning plan for 311 included replacement of some C1-2 September 14, 2005 by a vote of 21 to blocks located in the Whitestone, and C2-2 districts with C1-3 dis- 2 with one abstention. Borough Pres- Beechhurst and Robinwood neigh- tricts, decreasing overlays from 150 ident Adolfo Carrión Jr. approved on borhoods of Queens. The rezoned feet to 100 feet, to prevent commer- October 19, 2005. Following a public area is bounded by the Whitestone cial intrusion into residentially hearing with 9 speakers in favor and Expressway to the west, the developed side streets.

February 2006 Volume 3 CITYLAND 3 ULURP Process: The Planning oped with residential- Commission, as lead agency, issued only projects, the task a negative declaration on August 22, force identified three 2005. Queens Community Board 7 main goals: discourag- approved by a vote of 34 to 3 on ing inappropriate resi- September 26, 2005. On October 31, dential development, 2005, Queens Borough President encouraging appropri- Helen Marshall approved the appli- ate commercial devel- cation subject to the condition that opment, and encour- the Planning Department reevalu- aging Staten Island’s ate and refine the proposed R1-2 legacy of town centers. areas to assure that the new zoning The approved would not create too many non- Castleton and New compliant lots or hardships for Dorp Lane actions property owners in those areas. primarily replaced Following a November 2, 2005 C4-2 districts with public hearing, the Planning Com- R3-2 districts, includ- mission unanimously approved the ing commercial over- rezoning with minor modifications lays on a total of 14 Staten Island Commercial Rezonings. Used with permission of the to address specific property owners’ blocks. The actions New York City Department of City Planning. All rights reserved. concerns as well as Council Mem- also preserved the ber Tony Avella’s concern that por- neighborhoods’ character by limit- negative declarations on all four tions of the area zoned R1-2 may ing purely commercial buildings to applications. Community Board 1 require further review. two stories, prohibiting ground approved the Castleton plan, Com- floor residential units, and setting a munity Board 2 approved the New Council: Whitestone Rezoning (Decem- 35-foot maximum height for Dorp Lane proposal and Communi- ber 21, 2005); CPC: Whitestone Rezon- mixed-use buildings. ty Board 3 approved the plan for ing (C 060055 ZMQ – map amendment) Arthur Kill and Richmond Avenue. (December 7, 2005). CITYADMIN The Arthur Kill/Richmond Avenue action down-zoned two All three Staten Island Community commercial districts (C2-1 and C2- Boards approved the text amend- CITY COUNCIL 2) to conform with surrounding R3- ment. Borough President James P. 2 zones. Also, adjoining R3-2 and Molinaro approved the rezonings Rezoning C4-2 districts were rezoned to cre- on October 5, 2005 and the text Castleton/ New Dorp Lane/ Arthur ate a large C4-1 district bounded by amendment on October 18, 2005. Kill/ Richmond Avenue, Staten Island Ridgewood Avenue, Gurley Avenue, Commission hearings were held Getz Avenue, and Arthur Kill Road. on November 2, 2005 and continued Council approved Staten The large C4-1 district will be sub- Island commercial districts on November 16, 2005 for the Castle- ject to the newly adopted text ton application. Property owners amendment that prohibits residen- Amendment restricts residen- spoke in opposition of the New Dorp tial-only development and requires and Castleton rezonings, arguing tial-only development in commer- that mixed-use development utilize cial districts. The City Council that their current development plans ground-floor space exclusively for would become infeasible. rezoned three areas of Staten commercial or community facility Island and approved a text amend- use. In addition, the text amend- The Commission approved all ment to insure lower density comment prohibits as-of-right residen- four applications on December 7, mercial development in portions tial use on blocks that are four acres 2005. At the vote, Commission of the borough. The three areas or larger and sets requirements for Chair Amanda M. Burden com- rezoned are located along Castle- streetwall conformity, commercial mented that the Commission must ton Avenue, New Dorp Lane, and floor area, curb lines, landscaped preserve the neighborhoods’ char- Arthur Kill Road. buffers, street trees, and parking. acter. Commissioner Angela R. The Planning Department initi- At the Council’s December 15, Cavaluzzi added that Staten ated the rezoning proposals and text 2005 Subcommittee on Zoning and Island’s diversity should be protect- amendment in response to recom- Franchises hearing, all four proposed and storefront areas should be mendations made by the Staten als were approved. The full Council revitalized. Commissioners Alfred Island Growth Management Task approved on December 21, 2005. C. Cerullo, III and John Merolo, Force. After finding that Staten Island’s ULURP Process: The Planning both Staten Islanders, approved commercial areas were overdevel- Commission, as lead agency, issued enthusiastically.

4 Volume 3 CITYLAND February 2006 Council: Castleton Rezoning (December and East 107th Streets in East sion unanimously approved on 21, 2005); Council: New Dorp Lane Harlem, Manhattan. Prior to the December 7, 2005. rezoning, three of WMC’s lots were Rezoning (December 21, 2005); Council: Council: Metropolis Studios (Decem- zoned R7-2, which did not permit Arthur Kill/ Richmond Avenue Rezoning ber 21, 2005); CPC: Metropolis Studios (December 21, 2005); Council: Lower commercial use. The approved (C 020615 ZMM – map amendment) Density Commercial Text Amendment action up-zoned the three lots to (December 7, 2005). CITYADMIN (December 21, 2005); CPC: Castleton C8-4, making them consistent with Rezoning (C 060061 ZMR – map amend- the fourth lot and permitting use as ment) (December 7, 2005); CPC: New a television studio with a 5.0 com- CITY COUNCIL Dorp Lane Rezoning (C 060062 ZMR – mercial FAR. WMC will convert the map amendment) (December 7, 2005); existing commercial office build- FUCA/ Rezoning CPC: Arthur Kill/ Richmond Avenue Rezoning (C 060063 ZMR – map amend- ings and driveway into additional Hudson Yards, Manhattan studio space, but will not alter the ment) (December 7, 2005); CPC: Lower Text amendments approved Density Commercial Text Amendment buildings’ envelope. (N 060066 ZRR – text amendment) At the Council’s December 15, Follow-Up Corrective Action (December 7, 2005). CITYADMIN 2005 Subcommittee on Zoning and (FUCA) approved 17 modifications to Franchises hearing, the new zoning Hudson Yards revitalization plan. In CITY COUNCIL lots were approved. The full Council January 2005, after extended negoti- approved on December 21, 2005. ations, the City Council approved ten land use actions related to the Rezoning ULURP Process: The Planning revitalization of Manhattan’s Hud- East Harlem, Manhattan Commission, as lead agency, issued a negative declaration on July 25, son Yards. 2 CityLand 4 (Feb. 15, Harlem studios to expand 2005. Community Board 11 2005). Public review of the proposed approved by a vote of 18 to 8, with text amendment identified the need Planning Department and five abstentions on September 20, for certain modifications. On August Council rezoned lots for television 2005. Manhattan Borough Presi- 4, 2005, the Planning Department, studio expansion. WMC Associates dent C. Virginia Fields approved on Council Member Christine Quinn, LLC obtained the Council’s approval October 11, 2005. Following a pub- and Manhattan Community Board 4 to up-zone three of its four lots on lic hearing with no speakers in applied jointly to incorporate the Park Avenue between East 106th opposition, the Planning Commis- modifications into the Hudson Yards plan. The Follow-Up Corrective Action, or FUCA, identified 18 modifications related to affordable housing, development controls, clarifications, and corrections. On December 21, 2005, the City Council approved 17 of 18 revisions to the text. The approved corrective actions: • made housing programs consistent throughout the Hudson Yards District; • prohibited Buildings from issuing permits and certificates of occupancy for bonus floor area without an HPD-approved low-income housing plan; • imposed zoning-based penalties, such as denial of Buildings permits, on landlords who harass tenants; • prohibited conversion of existing ground floor residential units to commercial space in Hell’s Kitchen;

Metropolis Studios in East Harlem to expand studio space. Photo: Kevin E. Schultz. • allowed newly constructed subway station entrances to qualify

February 2006 Volume 3 CITYLAND 5 as pedestrian circulation space; changes unanimously on October CITY PLANNING COMMISSION • eliminated three erroneous FAR 6, 2005, but recommended removal references from the original text; of the item related to theater bonus- Rezoning and es. Community Board 5 and Bor- Baychester/Woodlawn/Ferry Point, • clarified the methodology for ough President C. Virginia Fields did Bronx measurement of building height, not comment. measuring from curb level. Three Bronx At the Commission’s public Other approved modifications rezonings approved related to low-income housing hearing on November 16, 2005, Rezonings extend protection of administration, insurance and loan community representatives and contextual zoning and low-density provisions as well as parking and artists spoke in opposition to the regulations. The Planning Commis- tower coverage requirements. One proposed theater bonus, saying that sion approved amendments to the modification, related to theater it should apply only to small the- zoning maps in three Bronx neigh- bonuses in Clinton, was removed by aters that are in context with resi- borhoods to ensure that residential the applicants and is undergoing dential development. A revised buildings are not out-of-character further public review. Notice of Minor Modification was with low-density development in At the Council’s December 15, issued by the Commission on the neighborhoods. 2005 Subcommittee on Zoning and December 5, 2005 without the the- In Baychester, five of the five Franchises hearing, the text amend- ater bonus. The Planning Commis- and a half blocks located immedi- ments were approved. The full Coun- sion approved the revised proposal ately south of Co-op City are cur- cil approved on December 21, 2005. on December 7, 2005. rently zoned R3-2 and permit Review Process: The Planning detached, semi-detached and Commission, as lead agency, issued Council: Hudson Yards FUCA (Decem- attached homes with a maximum a Notice of Minor Modification on ber 21, 2005); CPC: Hudson Yards FUCA building height of 35 feet. The August 5, 2005. Community Board 4 (N 060046(A) ZRM - text amendment) remaining half block, currently approved 17 of 18 proposed text (December 7, 2005). CITYADMIN zoned R6, permits residential and community facilities, and has CITY PLANNING PIPELINE apartment buildings between three and twelve stories high. Under the New Applications Filed with DCP - Dec. 5, 2005 - Jan. 31, 2006 proposed rezoning, both areas would be zoned R3A, permitting APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE only detached single- and two- ZONING TEXT AND MAP AMENDMENTS family homes with a maximum Edu. Const. Fund 1765 First Ave., MN Text changes (yard waiver & add’l lot) 060254ZRY Anderson K & O height of 35 feet. Pulte Homes of NY 226 Fordham Pl., Rezone (M1-1 to R3A), certify, and 060288ZMX; Fried, Frank, HS&J In Woodlawn, the area covered City Island, BX special permit for construction of 22 060291ZCX; detached homes 060292ZCX; by the proposed action is made up 060289ZSX; of 934 lots south of the New York- 060290ZAX Yonkers City Line and consists DCP Homecrest Rezoning, BK Modify zoning proposal 060129AZMK DCP Commerce Bank 392 99th St.; 339 100th Rezone from residential to commercial 060271ZMK; Conzen O’ Connor mostly of low-density residential St.; 1301 65th St., BK overlay (bank) 060272ZMK blocks zoned R4-1 and R5. The pro- Linden Plaza Dev. Mother Gaston Blvd., BK Rezone from M1-1 for mixed use 060276ZMK Petraro & Jones posed zoning would replace the DCP Union-Utopia Rezoning, QN Rezone (R2 to R2A) 060235ZMQ DCP existing districts with R4A and R5B DCP Bayswater Rezoning, QN Rezone 82 blocks to limit development 060259ZMQ DCP districts that would preserve the DCP Maspeth-Woodside, QN Down-zone 134 blocks 060294ZMQ DCP existing neighborhood character SPECIAL PERMITS/OTHER ACTIONS with lower density contextual zon- Kenney Rosenblatt 251 E. 45th St., MN Spec. permit (public parking garage) 060261CMM Peter Hirshman ing districts. NY Presbyt. Hosp. FDR Dr. & E. 70th St., MN Special permit (FAR/ lot coverage) 840900HZSM Bryan Cave, LLP In Ferry Point, the area covered Pueblo Nuevo URA 133 Pitt St., MN Special permit (FAR) 060277ZSM HPD by the proposed action consists of HPD Fabria House, MN UDAAP (2 low-income buildings) 060281HAM HPD three full blocks on Brush Avenue LPC Fieldston Historic District, BX Historic district designation 060298HKX LPC west of the Hutchinson River Park- DPR Yankee Stadium Redev., BX Modification for public tennis court 060148AMCX DPR way. The current R4 zoning would be HPD 84-92 M. Gaston Blvd., BX UDAAP (4-story w/ 50 res. units) 060249HAK HPD changed to R4A, permitting only HPD 1510-1530 Jesup Ave., BX UDAAP (6-story residence for elderly) 060250HAX HPD detached single- and two-family res- Coll. Pt. Holdings College Point, QN Demapping of street width 060287MMQ N/A idences and prohibiting small apart- LPC Seaman Cottage, SI Individual landmark 060274HKR LPC DCP/EDC New Stapleton Waterfront, SI Mapping and demapping (homeport) 060293MMR DCP/EDC ment buildings which were permitted under the existing zoning.

6 Volume 3 CITYLAND February 2006 ULURP Process: The Planning ULURP PIPELINE Commission as lead agency issued a negative declaration for the Bay- chester rezoning on June 6, 2004 City Planning Comm. ULURP Certifications and for Woodlawn and Ferry Point PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED on September 12, 2005. On October Fabria Houses UDAAP (37 units) MN 3 060281HAM 1/23/2006 11, 2005, Bronx Community Board Maspeth/Woodside Rez. Zoning map amendment QN 2/5 060294ZMQ 1/23/2006 10 approved the Baychester and 133 Pitt Street Special permit (FAR) MN 3 060277ZSM 1/9/2006 Ferry Point rezonings. On that same 134 Evergreen Avenue Disposition of City-owned property BK 4 060221PPK 1/9/2006 day, Bronx Community Board 12 Better Comm. Life Acquisition of property (day care) QN 3 050473PQQ 1/9/2006 approved the Woodlawn rezoning. Federal Jeans Amend City map and disposition of QN 14 050418MMQ; 1/9/2006 Bronx Borough President Adolfo City-owned property 050419HDQ South Beach Phase II Site selection and acquisition SI 2 060196PCR 1/9/2006 Carrión, Jr. approved all three appli- Oakwood Beach Site selection and acquisition SI 3 060197PCR 1/9/2006 cations in November 2005. Village Care of NY Special permit (100-bed nursing home) MN 2 060233ZSM; 12/19/2005 At a December 7, 2005 Com- N060234ZCM mission public hearing, a represen- 311 West Broadway Text amendment; Special permit MN 2 N060201ZRY; 12/19/2005 (res. building with retail, public 060202ZSM; tative for Borough President Carrión parking) 060203ZSM Jr. spoke in support of all three Middle School 114 Text amendment; Special permit MN 8 N060255ZSM; 12/19/2005 rezonings. The Chair of Community (res. building, public school) 060254ZRY Willis Ave. Bridge City map amendment BX 1 030028MMX; 12/19/2005 Board 12, Father Richard Gorman, 060253MLX spoke in support, stating that the Jesup Heights Apt. II UDAAP (67 units) BX 4 060250HAX 12/19/2005 replacement of homes with boxy Netherland Avenue City map amendment BX 8 030425MMX 12/19/2005 apartment buildings, “robs the com- Union-Utopia Rezoning Zoning map amendment QN 8 060235ZMQ 12/19/2005 munity of its soul.” The Commission Bayswater Rezoning Zoning map amendment QN 14 060259ZMQ 12/19/2005 unanimously approved the three applications. Review is pending at Emmons Avenue, Shore Parkway, The proposal predominantly down- City Council. and Ford Street. Currently, the area zones for low-density residential CPC: Baychester Rezoning (C consists of mostly one-and two- development; however, the propos- 060108 ZMR – map amendment) family detached and semi-detached al would upzone certain areas along (January 11, 2006); Woodlawn homes as well as a few rowhouses. Ocean Avenue and Kings Highway Rezoning (C 060108 ZMR – map The approved down-zoning would to allow appropriate residential and amendment) (January 11, 2006); eliminate a C2-2 district from with- commercial development. Brush Avenue Rezoning (C 060108 in an existing R5 district, change an ULURP Process: The Planning ZMR – map amendment) (January R5 district to an R4B, and halt as-of- Commission issued a negative dec- 11, 2006). CITYADMIN right development of three-and laration on September 26, 2005. On four-story apartment buildings in October 11, 2005, Brooklyn Com- the area. The proposal also modifies CITY PLANNING COMMISSION munity Board 15 unanimously the boundaries of the 20-block Spe- approved. Brooklyn Borough Presi- cial Sheepshead Bay District in dent Marty Markowitz approved on Rezoning order to prevent conflicts between November 10, 2005. At the Commis- Sheepshead Bay/ Homecrest, Brooklyn the rezoning and regulations within sion public hearing on November the special district. South Brooklyn rezonings 16, 2005, speakers in opposition approved by City Planning In Homecrest, the proposed included residents, land owners, action encompasses approximately and developers who wanted to Amendment designed to protect seventy blocks bounded by Coney build multi-family housing in the existing character while allowing for Island Avenue, Kings Highway, down-zoned areas. The Commis- appropriate development. The Plan- Ocean Avenue, and Avenue S. The sion unanimously approved the ning Commission approved the rezoned area is predominantly resi- three applications. Review is pend- rezoning of Sheepshead Bay and dential with two- and three-story ing at City Council. Homecrest, Brooklyn in an effort to homes, but includes commercial CPC: Sheepshead Bay Rezon- preserve the existing character of development and apartment building (C 060132 ZMK – map amend- both neighborhoods and curb out- ings along Ocean Avenue and Kings ment) (January 11, 2006); (N 060133 of-character development. Highway. The down-zoning was ZRK – text amendment) (January In Sheepshead Bay, the area proposed in response to recent con- 11, 2006); Homecrest Rezoning (C affected included portions of eight struction of several out-of-context 060129 ZMK – map amendment) blocks bounded by East 27th Street, apartment buildings in the area. (January 11, 2006). CITYADMIN

February 2006 Volume 3 CITYLAND 7 more than one service from each BOARD OF STANDARDS & APPEALS CITY PLANNING COMMISSION tower. Commissioner John Mero- lo agreed, adding that the number Variance Special Permit of towers on Staten Island should Greenwich Village, Manhattan South Richmond, Staten Island be limited. Superior Ink factory site to 82-foot telecom tower ULURP Process: BSA, which get fifteen-story development approved in residential district had already granted a special permit to allow a non-accessory radio Poor soil conditions and site Telecommunications tower will tower in a residential district acted contamination create hardship. The be disguised as a flagpole. Omni- as lead agency. It issued a negative owner of 469 West Street sought to point Communications sought construct a 64-unit, fifteen-story approval for an 82-foot telecommu- declaration on June 15, 2004. Com- munity Board 3 unanimously mixed-use development with nications tower in connection with ground floor retail and an under- approved on September 27, 2005 a proposed wireless communica- ground 60-space accessory parking and Borough President James P. tions facility to be built on a 2,597- garage on the current site of the square-foot site in the United Molinaro issued an unfavorable Superior Ink factory. The proposed Hebrew Cemetery on Arthur Kill recommendation on October 31, development would consist of a Road between Clarke and Newvale 2005. The Council did not request three-story base topped with a Avenues. The facility will eliminate a review of the application, so the twelve-story residential tower and a gap in wireless services in the South tower was deemed approved after series of five, three-story townhous- Richmond area of Staten Island. the Commission’s approval. es fronting Bethune Street. In sup- The tower’s design calls for internal port of a variance, the owner argued antennas so that it can double as a CPC: Omnipoint Communications that the L-shaped lot created a nar- flagpole. The flagpole will be sup- Tower (C 050494 ZSR) (December 7, row depth along Bethune Street ported by a 200-square-foot con- 2005). CITYADMIN which prevented a double-loaded crete base surrounded by newly planted screening trees. Omnipoint required a special permit to allow the 82-foot flagpole in the Special South Richmond Development District, which has a 50-foot height limit. Omnipoint also submitted a separate application for authorization to grade and excavate the site for construction of the base. At the November 2, 2005 public hearing, no one spoke in opposition. Omnipoint’s representative addressed Borough President James P. Molinaro’s concerns that the tower would have adverse effects on health and property values in the area, saying that the tower’s frequency emis- sions are less than 1.2 percent of the allowable federal limits. The Commission approved on December 7, 2005. Commissioner Alfred C. Cerullo noted that the tower would increase communi- cability in the area and improve public safety, but hoped that the Commission would look at the issue of radio towers more global- Superior Ink building in the West Village to be replaced with a fifteen-story mixed use building. ly in the future in order to receive Photo: Kevin E. Schultz.

8 Volume 3 CITYLAND February 2006 corridor. Also, the owner argued BSA PIPELINE that the site’s poor soil conditions and high water table required an extensive pile foundation system New Applications Filed with BSA - Dec. 2, 2005 - Jan. 25, 2006 and dewatering measures. Finally, APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE the owner argued that the site’s soil VARIANCES was contaminated due to its prior use as a printing establishment. The Church of Resur. 325 E. 101st St., MN Construct comm. facility and res. 349-05-BZ Howard Goldman S & B Bronx Real. 283 E. 164th St., BX Re-establish prior approval 6-06-BZ Steven W. Epstein original proposal called for a twen- Essol Realty, LLC 2409 Avenue Z, BK Construct 3-story mixed use bldg. 425-05-BZ Steven Sinacori ty-story curvilinear residential Atlas Packaging 146 Conover St., BK Construct 4-story res. bldg. 351-05-BZ Howard Goldman tower with 103 units, set back ten Cornerstone Res. 109-70 153rd St., QN Construct 2-family dwelling 344-05-BZ Rothkrug, Rothkrug feet from West Street. Manhattan Expert Realty, LLC 57-02 39th Ave., QN Enlarge building in M1-1 426-05-BZ Sheldon Lobel, P.C. Community Board 2, Council Mem- 108 Dwelling, LLC 5717 108th St., QN N/A 363-05-BZ D. Salvati Architects ber Christine Quinn and the Green- Maria Musso 94-07 156th Ave., QN N/A 5-06-BZ Harold Weinberg wich Village Society for Historic WR Group 438 Port Richmond, SI Permit accessory parking 358-05-BZ Sheldon Lobel, P.C. Preservation recommended disap- 908 Clove Rd. LLC 908 Clove Road, SI Construct senior housing 369-05-BZ Eric Palatnik, P.C. proval of the application. After the SPECIAL PERMITS/OTHER ACTIONS

Far West Village was rezoned on Cumberland Farms 1927 Flatbush Ave., BK Service station 359-05-BZ Sheldon Lobel, P.C. October 11, 2005, 2 CityLand 147 Isaac Tessler 1435 E. 21st St., BK Enlarge single family dwelling 4-06-BZ Fredrick A. Becker (Nov. 15, 2005), the applicant modi- David Cohen 2251 E. 12th St., BK N/A 10-06-BZ Harold Weinberg fied its application to fifteen stories Peter Procops 21-41 Mott Ave., QN Eating and drinking establishment 352-05-BZ Jeffrey A. Chester with a fifteen-foot setback. The Linwood Holdings 133-47 39th Ave., QN Retail, community facility 427-05-BZ Eric Palatnik, P.C

applicant also modified the propos- APPEALS al by centering the residential tower Perry Street Dev. 164 Perry St., MN Appeal DOB decision 348-05-A Kramer Levin along West Street. Affirmation Arts 523 W. 37th St., MN Appeal DOB decision 371-05-A Kramer Levin BSA determined that as-of- 6 on 6th LLC 639 Sixth Ave., BK Appeal DOB decision 367-05-A Greenberg Traurig right development would not pro- 400 15th St. LLC 400 15th St., BK Appeal DOB decision 368-05-A Greenberg Traurig vide a reasonable return and that Prospect Terrace 1638 8th Ave., BK Appeal DOB decision 366-05-A Greenberg Traurig the proposed development would Hamida Realty 87-30 167th St., QN Appeal DOB decision 364-05-A Sheldon Lobel, P.C. not alter the character of the Hamida Realty 87-32 167th St., QN Appeal DOB decision 365-05-A Sheldon Lobel, P.C. neighborhood. BSA noted that the Structures LLC 150 Beach 4th St., QN Appeal DOB decision 356-05-A Fredrick A. Becker current proposal’s tower place- Structures LLC 152 Beach 4th St., QN Appeal DOB decision 357-05-A Fredrick A. Becker ment represented the best com- Abdo Alkaifi 51-17 Rockaway Bch., QN Appeal DOB decision 346-05-A Joseph A. Sherry promise between the owner and Douglaston Realty 242-22 61st Ave., QN Appeal DOB decision 347-05-A Greenberg Traurig Breezy Point Co-op 54 Graham Place, QN Enlarge dwelling not on map. st. 14-06-A Gary Lenhart, RA the community. Breezy Point Co-op 42 Queens Walk, QN Enlarge dwelling not on map. st. 7-06-A Gary Lenhart, RA BSA: 469 West Street (48-05-BZ) (Wach- Kim Dong Ouk 42-32 149th Place, QN Construct 2-family dwelling in 8-06-A; Victor K. Han bed of mapped street 9-06-A tel & Masyr, LLP, for applicant). CITYADMIN Carl F.Mattone 37-19 Regatta Place, QN Appeal DOB decision 12-06-A Stuart A. Klein Lawrence M. Garten 81 White Plains Ave., SI Building not on mapped street 345-05-A Marino Architects

EXTEND CONSTRUCTION PERIOD BOARD OF STANDARDS & APPEALS Perlbinder Holding 663 2nd Ave., MN DOB permit # N/A 280-01-BZ Stadtmauer Bailkin Affirmation Arts 523 W. 37th St., MN DOB permit # 103847544; 370-05-BZY Kramer Levin 103840649; 013842139; Variance 104147184; 103720332 Greenwich Village, Manhattan 49 Properties, LLC 245 16th St., BK DOB permit # 301965112; 350-05-BZY Eric Palatnik, P.C. 301965112; 301916657; 301916657 Five-story building approved 422 Prospect Ave. 422 Prospect Ave., BK DOB permit # 301949523 355-05-BZY Rothkrug, Rothkrug for triangular lot Global Development 182 15th St., BK DOB permit # 301791318 354-05-BZY Cozen O’Connor E. Veshlom Dev. 614 7th Ave., BK DOB permit # 301984191 353-05-BZY Cozen O’Connor Underground storage tanks 6 on 6th LLC 639 Sixth Ave., BK DOB permit # 301933905; 362-05-BZY Greenberg Traurig contribute to hardship. The owner 301970758; 301964765 Prospect Terrace 1638 8th Ave., BK DOB permit # 301172184; 361-05-BZY Greenberg Traurig of 1 Seventh Avenue South pro- 301172184; 301799105 posed to replace an existing auto 400 15th St., LLC 400 15th St., BK DOB permit # 30174877; 360-05-BZY Greenberg Traurig service center with a five-story, 301831141; 301784941; 301932005 mixed-use development. Grymes Hill Est. 16-30 Maxie Court, SI DOB permit # N/A 410-05-BZY Eric Palatnik, P.C. The owner argued that the tri- 424-05-BZY Grymes Hill Est. 15-29 Tessa Court, SI DOB permit # N/A 402-05-BZY- Eric Palatnik, P.C. angular shape of the small lot, the 409-05-BZY presence of four, 550-gallon under-

February 2006 Volume 3 CITYLAND 9 BSA PIPELINE (continued) ground storage tanks, one waste-oil underground storage tank, gasoline contamination of the soil, the site’s New Applications Filed with BSA - Dec. 2, 2005 - Jan. 25, 2006 proximity to the subway, and a near- APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE by truck route to the Holland Tunnel created a hardship. The applicant EXTEND CONSTRUCTION PERIOD CONTINUED elaborated that the 1,600-square- Islandview Homes 470 Father Capodanno, SI DOB permit # 500519290; 428-05-BZY- Jordan F.Most 500519361; 500519307; 431-05-BZY foot lot did not contain enough area 500519325 to permit an as-of-right multiple Philip Caccese 3206 Morley Ave., SI DOB permit # 500507409 401-05-BZY John-Patrick Curran dwelling. The applicant also stated Philip Caccese 3202 Morley Ave., SI DOB permit # 500507418 400-05-BZY John-Patrick Curran that it would need to take consider- Carmel Homes LLC 589-599 Mill Rd., SI DOB permit # 500592780; 394-05-BZY- Eric Palatnik, P.C. able protective measures during 500592771; 500592762; 399-05-BZY 500592753; 500592744; construction due to the site’s prox- 500592735 imity to the subway and that site Carmel Homes LLC 605-617 Mill Rd., SI DOB permit # 500592726; 388-05-BZY- Eric Palatnik, P.C. 500592717; 500592708; 393-05-BZY remediation would be costly. 500592691; 500592682; 500592673 BSA questioned whether the Carmel Homes LLC 15-25 Carmela Court, SI DOB permit # N/A 384-05-BZY- Eric Palatnik, P.C. requested waiver, to increase the 387-05-BZY allowable FAR from 3.44 to 5.5, was Carmel Homes LLC 560-568 Riga St., SI DOB permit # 500592628; 379-05-BZY- Eric Palatnik, P.C. the minimum relief necessary. The 500592619; 500592600; 383-05-BZY 500592593; 500592584 owner submitted an analysis of a Carmel Homes LLC 570-578 Riga St., SI DOB permit # 500592575; 374-05-BZY- Eric Palatnik, P.C. building with an FAR of 5.0, but 500592566; 500592557; 378-05-BZY 500592548; concluded that a reasonable rate of Woodrow Estates 28, 32 Webster Ave., SI DOB permit # 500650137; 372-05-BZY; Adam Rothkrug return could not be obtained. 500650128 373-05-BZY Although BSA stated that prox- Rich-Nich Realty 224 Richmond Terrace, SI DOB permit # 500773175 13-06-BZY Cozen O’Connor imity to the Holland Tunnel was not a unique hardship because many sites in the area are similarly affected, it determined that a reasonable rate of return could not be obtained with as-of-right development. The owner agreed to develop the building according to the Quality Hous- ing Program. BSA: 1 Seventh Avenue South (156-05- BZ) (January 10, 2006) (Charles Rizzo & Associates, for applicant).

BOARD OF STANDARDS & APPEALS

Variance/Special Permit SoHo, Manhattan Artists get additional joint living/work quarters

Owner argued that former hydroponic bean sprout farm created hardship. The owner of 425 Broome Street sought to add partial sixth and seventh stories to an existing five-story building, provide 10 accessory parking spaces and use the first floor as a spa. The building, zoned for use as joint living/work

Artists housing at 425 Broome Street will add additional units. Photo: Michele M. Herrmann. quarters for artists, will add 6,730 square feet in floor area, increasing

10 Volume 3 CITYLAND February 2006 the number of artist units to twelve. The owner argued that a hardship existed because a hydroponic bean sprout farm, formerly located in the basement, created structural and mold problems, and the building’s single hydro-powered elevator was obsolete and inoperable. BSA initially questioned whether the bases for hardship were common maintenance issues. The owner, however, presented evidence showing that because of the hydroponic farm, trenches had been dug into the basement floor, causing soil erosion and structural damage. BSA determined that because of the lot’s unique physical conditions as-of-right development would not provide a reasonable return. BSA found that construction Rendering of approved mixed-used development at 135-35 Northern Boulevard in Flushing, of two additional stories and use of Queens. Used with permission of and designed by V Studio, a subsidiary of WalkerGroup. the first floor as a spa would not alter the character of the neighbor- contains a two-story commercial units and reduced the proposed hood. The owner agreed that building that will be demolished. parking to 200 spaces. At the because the building is adjacent to The second lot contains the RKO request of BSA, Boymelgreen evalu- the SoHo-Cast Iron Historic Dis- Keith Flushing Theater, which is ated a design with a fourth parking trict, it would be developed as if it home to an interior landmark. level to increase the number of spaces, but argued that a fourth were a designated landmark and Boymelgreen argued that sever- level was infeasible due to poor soil the facade would be reconstructed al unique features of the site created conditions and a high water table. with approval from Landmarks. an unnecessary hardship. The limit- Boymelgreen agreed to increase the ed street frontage along Northern BSA: 425/27 Broome Street (399-04-BZ) number of spaces to 229 by using a Boulevard, much of which is occu- (Greenberg Traurig, LLP, for applicant). garage elevator rather than ramps. CITYADMIN pied by the theater, required the residential tower to be built above the Community Board 7 and theater. Boymelgreen also argued Queens Borough President Helen BOARD OF STANDARDS & APPEALS that restoration and protection of the Marshall recommended approval, theater during construction would as did Council Member John C. Liu Variance be costly and time consuming. and State Senator Toby Ann Stavisky. Flushing, Queens According to Boymelgreen, bringing BSA determined that as-of- the theater up to modern standards right development would not pro- BSA approves variance at RKO was infeasible because it would vide a reasonable return due to the Keith Flushing Theater site require an increased incline on the theater’s significant street frontage ground floor for stadium seating and and landmark status. BSA also Developer gets variance to a rebuilt balcony. Among other noted that Boymelgreen would build a 200-unit, mixed-use devel- waivers requested, Boymelgreen perform restoration work on the opment on site occupied by historic sought to increase the allowable resi- theater and had already obtained theater. Boymelgreen Developers, dential FAR for from 2.43 to 6.86 and the appropriate approval from owner of two lots located at the the mixed-use FAR from 4.8 to 7.5. Landmarks to do so. In addition, intersection of Northern Boulevard BSA stated that the building will and Main Street in Flushing, Originally, Boymelgreen pro- provide space for a community Queens, totaling 41,880 square feet, posed to construct a 15-story, 150- senior center and a display of the sought to construct a 200-unit, sev- unit building with 250 accessory theater’s history. enteen-story, mixed-use building parking spaces in a three-level with accessory parking. The build- garage. Before the first public hear- BSA: 135-35 Northern Boulevard (156- ing will be constructed on two cur- ing, however, Boymelgreen increased 03-BZ) (Howard Goldman, for Boymel- rently improved lots. The first lot the proposal to 17 stories with 200 green Developers). CITYADMIN

February 2006 Volume 3 CITYLAND 11 BOARD OF STANDARDS & APPEALS Landmarks Actions Taken in Dec., ’05-Jan., ’06

FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS Certificate of Occupancy ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D Flushing, Queens Dec. 13, 2005 60 Hudson St., MN Western Union Building Install storefront 04-6281 Yes Certificates of 2300 S. Blvd., BX Bronx Zoo Alter central lawn footprint 06-3577 Yes Occupancy revoked 135 Broadway, BK Kings County Savings Bank Install fire escape 05-4837 Yes 154 Spring St., MN SoHo-Cast Iron HD Legalize flagpole 06-1434 No Developer did not follow plans 306 Bowery, MN NoHo East HD Alter roof 06-2235 Yes filed with Buildings. Between Feb- 417 Lafayette, MN NoHo HD Install infill 06-0438 Yes ruary and April 2002, Buildings 738 Broadway, MN NoHo HD Alter facade, const. roof add. 05-6471 Yes issued C of Os for ten buildings 133 W. 4th St., MN Greenwich Village HD Const. roof add., remove facade 06-2229 Yes 868 Broadway, MN Ladies’ Mile HD Special permit for mod. of use 05-3944 Yes within a multi-building residential 11 W. 20th St., MN Ladies’ Mile HD Replace windows 06-1065 Yes development along 34th Avenue in 4-10 W. 21st St., MN Ladies’ Mile HD Const. 18-story apt. building 06-2934 Yes Flushing, Queens. Buildings later 119 E. 71st St., MN Upper East Side HD Modify window opening 06-0462 Yes found that the buildings were not January 10, 2006 built according to approved plans 115 Broadway, MN U.S. Realty Building Install awnings 06-0966 Yes 881 7th Ave., MN Carnegie Hall Install poster boxes 06-2715 Yes and sought to revoke the C of Os. 105 Franklin St., MN Tribeca East HD Remove fire esc., inst. infill 05-5822 W/Mod Buildings argued that the approved 319 Church St., MN Tribeca East HD Alter ground floor 06-3489 Yes plans incorrectly identified a floor 564 Park Ave., MN Upper East Side HD Install flagpole, banners 06-3536 Yes as a mezzanine and that a fourth 669 Madison Ave., MN Upper East Side HD Install awning 06-3352 W/D floor was inappropriately con- 11 E. 93rd St., MN Carnegie Hill HD Alt. rear facade, rep. windows 06-2469 In part 105 Joralemon, BK Brooklyn Heights HD Alter facade and areaway 06-2867 Yes structed as an independent 65 Middagh St., BK Brooklyn Heights HD Replace windows 06-3417 Yes dwelling unit. Buildings also found Henry St., BK Brooklyn Heights HD Install newsstand 06-3923 Yes that, contrary to approved plans, 118 State St., BK Brooklyn Heights HD Construct addition 06-2612 Yes interior roof access stairs were not 32-17 Douglas Rd, QN Douglaston HD Legalize carport alterations 06-3904 Yes provided and accessible exterior January 17, 2006 230 W. Broadway, MN Tribeca West HD Const. 6-story building 06-2322 Yes routes and primary entrances were 4 Charles St., MN Greenwich Village HD Const. roof add., alter facade 06-2223 Yes not up to code. The developer also 37 E. 4th St., MN Tredwell Skidmore House Mod. of use & bulk 05-4604 W/Mod failed to comply with off-street 408 W. 13th St., MN Gansevoort Market HD Mod. design of rooftop add. 06-4527 Yes parking regulations and minimum 1147 Park Ave., MN Carnegie Hill HD Construct rooftop addition 06-3475 Yes distances between windows and 1149 Park Ave., MN Carnegie Hill HD Construct rooftop addition 05-6434 Yes 122 Prospect Ave, QN Douglaston HD Construct additions 06-2223 Yes the side lot line. January 24, 2006 Although the developer 402 Broadway, MN Tribeca East HD Install infill 06-0117 W/D received construction permits 414 Broadway, MN Tribeca North HD Replace windows 06-3127 Yes from Buildings in March 2005 to 458 Greenwich, MN Tribeca North HD Install ext. ductwork 06-3422 W/D 1 Astor Place, MN NoHo HD Install signage 06-4097 W/D correct objections at five of the 43 W. 22nd St., MN Ladies’ Mile HD Install infill 06-3821 Yes buildings, the developer did not 580 Park Ave., MN Upper East Side HD Install new window 06-2482 Yes complete the work and the remain- 333 West End Ave, MN West End Collegiate HD Enlarge window openings 06-3914 Yes ing five buildings had a “disapproved” status. The developer indi- LANDMARKS PRESERVATION Fieldston is an example of an early cated that work was expected to be twentieth-century planned com- completed in December 2005 for COMMISSION munity that evolved to incorporate the five permitted buildings, while modern design as well as Medieval, work on the five disapproved Designation English, Tudor, Dutch, and Mediter- buildings was expected to be com- Fieldston, Bronx ranean architecture. Landmarks pleted by January 2006. Chair Robert Tierney hailed the des- BSA determined that the C of Landmarks designates ignation as part of the Commis- Os had been improperly issued and Fieldston Historic District sion’s “goal to designate landmarks revoked them. This will allow Build- and historic districts throughout ings to issue new or modified C of Planned 1909 Bronx suburb the city,” especially outside of Man- Os once the buildings are brought designated. At a January 10, 2006 hattan. Commissioner Stephen into compliance. Landmarks meeting, the Commis- Byrns stated that he had long sup- BSA: 140-26A through 140-36 34th sion unanimously voted to desig- ported the project as an important Avenue (53-04-A through 62-04-A) nate the Fieldston community in preservation for both the city and (December 13, 2005). CITYADMIN the Bronx as a historic district. the nation.

12 Volume 3 CITYLAND February 2006 The Fieldston district was originally conceived by developers in 1909 as “a private park devoted exclusively to country homes,” and was landscaped in the romantic style, featuring winding roads following the natural topography. The houses were built in an eclectic blend of styles, drawn from a list of approved architects, including Frank J. Forster and Julius Gregory. In the 1950s, Fieldston’s property owners’ association relaxed its guidelines, allowing a number of architecturally significant modern homes to be built. At the designation vote, Commissioner Joan Gern- er pointed out that the city has few districts with single-family homes. Many property owners in Field- ston opposed the landmarking, expressing concern that it would impede expansion of homes for growing Orthodox Jewish families in Approved addition at the Museum of the City of New York. Used with permission of Polshek the community. Opponents also Partnership Architects, LLP and Museum of the City of New York. alleged that the designation did not follow customary processes for land- access ramp to be constructed at the marking and blamed Council Mem- Museum of the City of New York. LANDMARKS PRESERVATION ber G. Oliver Koppell for his strong The Museum, a designated land- COMMISSION support of the action. Chair Tierney mark located at 1220 Fifth Avenue in Designation called the designation a “direct result Manhattan, was designed by Joseph of cooperation between the Com- Freedlander and built between Richmondtown, Staten Island mission and the community,” and 1929-1930 in a Late-Georgian style. Seaman Cottage designated promised to work on “specific guide- In its application, the Museum a landmark lines for the district, like the Dou- proposed to construct a glass-walled, glaston rules,” referring to another two-story addition in its south court- Staten Island house moved to historic district in Queens. Commu- yard. The addition would connect Historic Richmond Village prior to nity opposition, however, will likely underground to the existing Muse- being designated. Seaman Cottage, continue as Landmarks seeks um and through two small corridors a two-story Greek Revival Style approval by the City Council. on the first floor. The proposal also house constructed in 1836, which LPC Item No. 1 (LP-2138), Fieldston called for the street wall on 104th had been relocated and re-calen- Historic District (January 10, 2006). Street to be re-clad in limestone to dared by Landmarks, was designat- match the base of the main building ed an individual landmark on and installation of an access ramp. December 13, 2005. While many LANDMARKS PRESERVATION Landmarks found that the similar wood-framed clapboard COMMISSION scale of the addition was appropriate and required only minimal Binding Report alterations to the Museum. Land- East Harlem, Manhattan marks also noted that the proposed Addition approved for glass and metal structure was Fifth Avenue Museum evocative of conservatory buildings commonly found behind museum Two-story addition to be con- buildings of this style. structed in museum courtyard. LPC: Museum of the City of New York, Landmarks issued a binding report 1220 Fifth Avenue (CRB 06-4881) (Janu- Seaman Cottage in Staten Island moved to Historic Richmond. Photo: LPC. approving a two-story addition and ary 9, 2006). CITYADMIN

February 2006 Volume 3 CITYLAND 13 LANDMARKS PIPELINE COURT DECISIONS

Designations – Dec.7, 2005– Jan., 2006 Landmarks Preservation Commission

NAME ADDRESS ACTION DATE Midtown West, Manhattan Lamppost No. 89 Warren St., MN Calendared 12/13/05 Appellate court affirms sale Fieldston HD Fieldston, BX Designated 1/10/06 6 Ploughman’s Bush 665 W. 246th St., BX Calendared 1/24/06 of Two Columbus Circle Preservation group opposes con- houses were built in Staten Island petition to annul BSA’s denial of the version and remodeling of Columbus during the 1830s, few well-pre- variance. The court ruled that it Circle modernist building. The First served examples remain today. Slat- could not decide whether BSA’s Department has affirmed the lower ed to be destroyed, the house was determination was arbitrary or court’s decisions on Landmark West’s moved in July 2005 from its original capricious without looking at the challenge to EDC’s sale of Two location on Center Street to Clarke issue of Pantelidis’ good faith Columbus Circle to the Museum of Avenue in Historic Richmond Vil- reliance on Buildings’ permit Arts and Design. 2 CityLand 141 (Oct. lage. 2 CityLand 107 (Aug. 15, 2005). approval. The court ordered a hear- 15, 2005). The appellate court ruled ing, ruling that BSA’s strict applica- LPC Item No. 7 (LP-2168), Seaman Cot- that the group’s challenges to the tion of the zoning resolution’s five- tage (December 13, 2005). legality of the Landmark Preservation factor test alone was not appropri- Commission’s procedures were ate in this case. BSA appealed to the improperly raised for the first time on COURT DECISIONS appellate division which upheld the appeal. The court also rejected the trial court. group’s conspiracy and constitution- Upper East Side, Manhattan After the hearing, Justice Alice al claims, finding that there was no Area Variance Schlesinger annulled BSA’s resolu- evidence to show a scheme to under- tion and directed it to grant a vari- mine the group’s First Amendment Court overturns BSA’s denial ance, ruling that the standard for right to petition the Commission. reviewing area variances, like the Court allowed a relaxed stan- Landmark West! v. Tierney, 2006 N.Y. one sought by Pantelidis, was more dard of review for area variances. Slip Op. 00010, Jan. 3, 2006 (1st Dep’t). relaxed than the standard for George Pantelidis, owner of a five- reviewing use variances. BSA’s find- story townhouse at 116 East 73rd ings that Pantelidis had failed to COURT DECISIONS Street in Manhattan, after receiving meet the five factors required for a a permit from Buildings, began variance were arbitrary. Justice construction of a glass-enclosed Board of Standards & Appeals Schlesinger further found that the staircase that connected the second Queens Homeless Hotel requirement of uniqueness could and third floor of the townhouse be relaxed if the landowner was Court remands decision on through the rear yard. From the proceeding in good faith, the vari- homeless housing to BSA start of construction, the next door ance had minimal impact and neighbor vigorously opposed the financial hardship was shown. The Provider of transitional housing glass enclosure. At Buildings, the court found practical difficulties in appealed denial of variance. Homes neighbor’s objections were the need to connect the two floors for the Homeless, Inc. operated the addressed by the Borough Commis- and economic hardship in both the Saratoga, a transitional housing facil- sioner and his staff, who repeatedly expense of construction and ity for the homeless on Rockaway affirmed the Pantelidis permit. removal of the newly constructed Boulevard in Queens. After receiving After the glass enclosure was extension. Finally, the court found a request for proposals for added completed, the neighbor appealed that Pantelidis’ good faith reliance units, Homes applied to BSA for two Buildings’ permit approval to the on the permit precluded a finding of variances: to legalize the use of its Board of Standards and Appeals. BSA self-created hardship. The court homeless facility, which was located revoked the permit, finding that the concluded that the glass-enclosed in an M-1 district zoned for light enclosure did not meet zoning speci- staircase was completed with a manufacturing, and to expand its fications. Pantelidis then applied for minimal variance, had no impact homeless units by constructing a an area variance. BSA denied the vari- on the neighborhood and was not new building. ance, finding that Pantelidis had detrimental to public welfare. BSA granted the legalization failed to meet the five factors required variance, finding that the property’s for granting a variance. Pantelidis v. BSA, N.Y.L.J., Jan. 18, 2006, at unique physical conditions created Pantelidis filed an article 78 19 (N.Y.Cty.Sup.Ct.) (Schlesinger, J.). practical difficulties and unnecessary

14 Volume 3 CITYLAND February 2006 hardship. The Board denied the deed contained a restrictive ing processes. Finally, the court expansion variance, however, finding covenant that required Abundant to ruled that EDC need not be a co- that Homes had not presented sub- comply with the industrial develop- applicant on an application to stantial evidence to show unneces- ment plan, and finally, the condo amend the urban renewal plan. sary hardship or practical difficulties offering plan restricted use to M1-1 EDC v. Abundant Life Alliance Church requiring an expansion. zoning. Nevertheless, Abundant of New York, Index # 8151/2003, Dec. 21, A lower court ordered BSA to converted the warehouse interior 2005 (Queens Cty.Sup.Ct.) (Kelly, J.) grant the expansion variance, ruling without the required permits and (Attorneys: Michael A. Cardozo, Robin that the Board had acted arbitrarily began holding religious services. Green, for EDC; Patrick W. Jones, Adrian in finding that the entire property In January 2003, the Economic Zuckerman, for Abundant). was unique, but denying the expan- Development Corporation request- sion. The court found that both vari- ed that College Point Plaza take COURT DECISIONS ances were the minimum relief nec- action to block Abundant’s unper- essary in order for Homes to house mitted use. Shortly thereafter, Abun- Landmarks Preservation Commission the additional families. dant filed a land use review applica- On appeal the First Department tion with the Planning Department, Douglaston, Queens reversed and remanded to BSA for seeking to amend the urban renew- Court orders LPC to reevalu- reconsideration. The court ruled that al plan, and a variance from the M1- ate significance of house while BSA found the entire property 1 zoning regulations. Before the unique and the zoning impractical, it Planning Department responded, Homeowners claimed house was did not consistently explain why it EDC sued Abundant to stop it from wrongly described in Historic District granted the legalization variance while operating the church. Abundant report. In December 2004, the Land- denying the expansion. BSA did not countered that the EDC was violat- marks Preservation Commission distinguish between the lots that ing the church’s constitutional right designated the Douglaston Hill His- housed the homeless units and the lot to free worship and assembly. In the toric District in Queens. The Mosleys, where the proposed building would be meantime, the Planning Depart- who had purchased a home in the constructed and as a result the court ment rejected Abundant’s applica- District in October 2004, sued Land- could not review whether BSA’s deci- tion, stating that an application to marks, seeking to do away with the sion to grant the legalization and deny amend the urban renewal plan had Historic District altogether or alter- the expansion was rational. to include the EDC as co-applicant. natively, remove their home from the Homes for the Homeless v. BSA, 2005 NY Justice Peter J. Kelly dismissed District. The Mosleys claimed that Slip Op 10206, Dec. 29, 2005 (1st Dep’t) EDC’s complaint and ordered the the designation of the District was (Howard B. Hornstein, Maureen Planning Department to certify and arbitrary and capricious because the Bezuhly, for HFH; Michael A. Cardozo, process Abundant’s application in Commission had denied designation Drake A. Colley, for BSA). accordance with ULURP, conclud- only one year earlier. ing that EDC’s suit was premature. With respect to their home, the COURT DECISIONS None of the City’s administrative Mosleys claimed that it was erro- agencies authorized to regulate neously classified as historically sig- Urban Renewal Area land use had reviewed Abundant’s nificant because Landmarks had non-conforming use and Abun- relied on incorrect and incomplete College Point, Queens dant’s application was still pending information included in the Dou- Church wins right to review at the Planning Department. Justice glaston Hill Designation Report. The use in industrial zone Kelly ruled that EDC was required to Report listed the Mosley home under treat Abundant differently from the early development section and Church converted warehouse others in the urban renewal area. It indicated that it was built in the within industrial area and held should have been more flexible and 1870s. It stated that the home dated services. In 2002, Abundant Life made every effort to accommodate back to the railroad’s arrival, Alliance Church of New York bought the religious use, and that a special appeared in the 1873 Beers Atlas, and a condo warehouse unit located use permit application with case- described the home as largely intact. within the College Point II Urban by-case review was the proper The Mosleys introduced a 1919 Renewal Area in Queens to operate process to address religious uses. survey showing a house that was dif- a church. At the time of purchase The court noted, however, that spe- ferent from both the 1873 house and Abundant knew there were restric- cial accommodation for religious their house. They also demonstrated tions on the warehouse’s use: the institutions did not mean that that their house was a different size, urban renewal plan did not list Abundant could undermine the shape and location from the house churches as a permitted use, the land use review and decision mak- in the Beers Atlas, and presented an

February 2006 Volume 3 CITYLAND 15 @SQC failed to obtain DCA approval. The owner’s unresolved application with Landmarks was not a mitigating factor in operating an unlicensed sidewalk café. DCA v. S.Q.C., DCA Violation No. PL1045415 (Dec. 21, 2005) (Dennis, ALJ). CITYADMIN

LETTERS & COMMUNICATIONS

To the Editor, I was disappointed that your note on the Council’s rejec- tion of the landmarks designation of 184 Kent Avenue did not Glass-enclosed sidewalk café @SQC on Columbus Avenue seeking legalization from Landmarks. refer to the owner’s presentation Photo: Kevin E. Schultz. in opposition except to say that the Commission Chair had affidavit from an architect who COURT DECISIONS called untrue an allegation that determined that their house was the building was not designed built in the first quarter of the 20th by Cass Gilbert, a misstatement Department of Consumer Affairs Century. The Mosleys alleged they of the owner’s position. The had made several attempts to con- Upper West Side owner’s experts, including for- tact Landmarks to present the newly mer LPC Chair Gene Norman, discovered documents and informa- $2,000 fine for Columbus Ave. sidewalk café historians Andrew Alpern & tion, but were told the status of their David Hurwitz and project home would not be reconsidered. Restaurant’s landlord built glass architect Jordan Gruzen, argued, Finally, the Mosleys claimed they café enclosure without Landmarks’ among other things, that the were unaware the house was to be approval. In 2004, the owner of a design was so badly compro- landmarked when they purchased it. building at 270 Columbus Avenue, mised by the original developer located within the Central Park West that Gilbert himself disavowed Justice Paul G. Feinman rejected the result, relying on his own the Mosleys’ argument that the 2004 Historic District, sought legalization of a sidewalk glass enclosure it con- words in the historical record. designation of the District was arbi- The significance of the trary or capricious simply because of structed without Landmarks’ approval. Landmarks denied legal- building – simultaneously argued an earlier 2003 denial. The new appli- ization in July 2004, finding that it by its advocates to be the cation was noticeably different and diminished the character of the block incompatible styles of Egyptian covered only half the area of the earlier and drew attention from the adjoin- Revival and proto-Modernist application. Justice Feinman ordered ing 1885 Grecian-style flathouse. (without any support from Landmarks, however, to conduct a Subsequently, the owners of @SQC, a Gilbert’s writings themselves)– new examination of the Mosleys’ new upscale restaurant and bar on was belied by its omission from home, including the evidence they the site, sought Landmarks’ approval the community’s own 197a Plan brought to light. The court found that of the glass enclosure used as a side- as well as virtually every rele- Landmarks’ published report regard- walk café. @SQC continued to oper- vant architectural reference, ing the Mosleys’ home appeared to be ate its sidewalk café under temporary including the AIA Guide. Final- “factually incorrect.” Justice Feinman approval letters from Consumer ly, it was disclosed during the dismissed the Mosleys’ claim that they Affairs until March 2005, when it hearing that a facade alteration were not given sufficient notice, ruling failed to obtain a renewal of the tem- permit had been issued by the that Landmarks could not be held porary letters. DCA charged @SQC Buildings Department and responsible for notifying potential with unlicensed operation of an vested prior to designation. future homeowners. enclosed sidewalk café. After a hear- Kenneth K. Fisher ing, ALJ Bruce M. Dennis fined the Wolf Block Schorr & Mosley v. LPC, N.Y.L.J., Dec. 28, 2005, at restaurant $2,000 and ordered @SQC Solis-Cohen LLP 18 (Feinman, J.) (N.Y.Cty.Sup.Ct.). sealed for five days, finding that

16 Volume 3 CITYLAND February 2006 CITYLAND Response: CityLand covered the Landmark Preservation Commission’s public hearing as well as the discussion and vote to designate the Cass Gilbert warehouse in two earlier issues, providing a more extensive explanation of owner’s arguments. See 2 CityLand 107 (Aug. 15, 1005) and 2 CityLand 139 (Oct. 15, 2005). The December article focused on the Council’s vote and the Mayor’s veto and cited prior coverage rather than repeat- ing the opposition’s arguments.

New Decisions Added to CITYADMIN www.citylaw.org – Dec. 5, 2005 - Feb. 2006

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 1283 Grace Towers HDFC, BK Partial real property tax exemption 12/8/2005 1304 Carpenter House, SI Partial real property tax exemption 12/21/2005 1305 Gates Plaza Housing HDFC, BK Partial real property tax exemption 12/21/2005 1306 3924 E. Tremont Ave. Rezoning, BX Zoning map amendment (C2-1 to C2-2) 12/21/2005 1307 Metropolis Studios, MN Zoning map amendment (R7-2 to C8-4) 12/21/2005 1308 Montauk Ave. Cluster, BK UDAAP by HPD (9 lots) 12/21/2005 1309 Whitestone Rezoning, QN Zoning map amendment (311 blocks) 12/21/2005 1310 484 W. 165th St., MN UDAAP (1 lot) 12/21/2005 1311-1312 Cornerstone Site 10, MN Zoning map amendment (R7A to R8A/C1-4); 12/21/2005 UDAAP by HPD (93 affordable housing units) 1313 Amsterdam Ave. Cluster, MN UDAAP by HPD (8 lots) 12/21/2005 1314 23 Rockaway Ave., BK UDAAP by HPD (1 lot) 12/21/2005 1315 178 Rockaway Ave., BK UDAAP (1 lot) 12/21/2005 1316 990 Rutland Rd., BK UDAAP (1 lot) 12/21/2005 1317 69-71 Seventh Ave., MN Sidewalk cafe 12/21/2005 1318 Remsen Cemetery Park, QN Establish park 12/21/2005 1319 Gates Plaza, BK UDAAP by HPD (83 elderly housing units) 12/21/2005 1320 1814 Nostrand Ave., BK UDAAP (1 lot) 12/21/2005 1321 189 Clifton Place, BK UDAAP (1 lot) 12/21/2005 1322 1042 Putnam Ave., BK UDAAP (1 lot) 12/21/2005 1323 130 29th St., BK UDAAP (1 lot) 12/21/2005 1324 90-35 Desarc Rd., QN UDAAP (1 lot) 12/21/2005 1325 90-37 Desarc Rd., QN UDAAP (1 lot) 12/21/2005 1326 90-39 Desarc Rd., QN UDAAP (1 lot) 12/21/2005 1327 Brooklyn/Queens ATD Facility Acquire 2440 Fulton St. 12/21/2005 1328 Hudson Yards FUCA, MN 17 text changes & 2 clarifications 12/21/2005 1329 Castleton Rezoning, SI Zoning map amendment 12/21/2005 1330 New Dorp Lane Rezoning, SI Zoning map amendment (commercial overlay) 12/21/2005 1331 Arthur Kill Rd./Richmond Ave. Rez., SI Zoning map amendment 12/21/2005 1332 Lower Density Comm. Text Amend., SI Zoning text amendment 12/21/2005 0020 484 West 165th St., MN UDAAP by HPD 2/1/2006 0021 2962 Fulton St., BK UDAAP by HPD 2/1/2006 0022 140 Sunnyside Ave., BK UDAAP by HPD 2/1/2006 0023 38 Martense St., BK UDAAP by HPD 2/1/2006 0024 72 & 74 Lott St., BK UDAAP by HPD 2/1/2006 0025 572 Pacific St., BK UDAAP by HPD 2/1/2006 0026 425 Barbey St., BK UDAAP by HPD 2/1/2006 0027 Crotona Pkwy Rezoning, BX Zoning map amendment 2/1/2006 0028-0033 Bronx Terminal Market Ctr., BX Map & text amend; prop. disp. 2/1/2006 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE † Hudson Yards FUCA Zoning text amendment MN 4/5 N060066ZRR 12/7/2005 Metropolis Studios Zoning map amendment (R7-2 to C8-4) MN 11 C020615ZMM 12/7/2005 3924 East Tremont. Ave. Zoning map amendment (C2-1, R4-1 to C2-2) BX 10 C050049ZMX 12/7/2005 NCNW Child Development Center Acquisition of property (daycare center) BX 12 C050361PQX 12/7/2005 Whitestone Rezoning Zoning map amendment (311 blocks) QN 7 C060055ZMQ 12/7/2005 Castleton Rezoning Zoning map amendment (6 blocks) SI 1 C060061ZMR 12/7/2005 Lower Density Comm. Text Amd. Zoning text amendment SI 1/2/3 N060066ZRR 12/7/2005 New Dorp Lane Rezoning Zoning map amendment (8 blocks) SI 2 C060062ZMR 12/7/2005 Omnipoint Telecom. Tower Special permit (82-foot high telecommunications tower) SI 3 C050494ZSR 12/7/2005 Arthur Kill Rd./Richmond Ave. Zoning map amendment SI 3 C060063NMR 12/7/2005

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

February 2006 Volume 3 CITYLAND 17 New Decisions Added to CITYADMIN www.citylaw.org – Dec. - Feb. 2006* (Continued)

CITY PLANNING COMMISSION (CONTINUED) RES. NOS. PROJECT DESCRIPTION DATE

HRA Office Space Acquisition of office space (job center) MN 12 N060232PXM 12/19/2005 Bronx Terminal Market Ctr. Disposition of property BX 4 C050539PPX 12/19/2005 Bronx Terminal Market Ctr. Special permit (retail center, hotel) BX 4 C050532ZSX; C050531ZSX; 12/19/2005 C050530ZSX; C050529ZSX Bronx Terminal Market Ctr. City map amendment BX 4 C050074MMX 12/19/2005 9th Avenue Bridge City map amendment (change of grades) BK 12 C950447MMK 12/19/2005 Brush Avenue Zoning map amendment (R4 to R4A) BX 10 C060109ZMX 1/11/2006 Baychester Rezoning Zoning map amendment (5 blocks) BX 10 C060108ZMX 1/11/2006 Woodlawn Rezoning Zoning map amendment (934 lots) BX 12 C060110ZMX 1/11/2006 Williamsbridge NAACP Day Care Acquisition of property (daycare center) BX 12 C050471PQX 1/11/2006 Sheepshead Bay Rezoning Zoning text amendment; zoning map BK 15 N060133ZRK; 1/11/2006 amendment C060132ZMK 1/11/2006 Homecrest Rezoning Zoning map amendment (70 blocks) BK 15 C060129ZMK 1/11/2006 Verizon Monopole Modify height & setback requirements SI 3 C050088ZSR 1/11/2006 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 220 Sullivan St., MN Modify C of O (eliminate non-conforming use) App’d 106-05-A NYC DOB 39 Downing St., MN Enlarge restaurant App’d 99-05-BZ Sheldon Lobel, P.C. 425 Broome St., MN Construct 2 additional floors, permit gym App’d 399-04-BZ Greenberg Traurig 135 Orchard St., MN Legalize mixed-use building App’d 296-04-BZ Sheldon Lobel, P.C. 1 Seventh Ave. S., MN Construct 6-story mixed-use building App’d 156-05-BZ Rizzo & Associates 469 West St., MN Construct 15-story & 3-story mixed-use building App’d 48-05-BZ Wachtel & Masyr 51 Christopher St., MN Extend special permit (cabaret) App’d 213-96-BZ Slater & Beckerman 205 W. 14th St., MN Legalize physical culture establishment (gym) App’d 96-05-BZ Petraro & Jones 895 Broadway, MN Extend & amend special permit (phys. cult. est. ) App’d 122-93-BZ Adam Rothkrug 200 Madison Ave., MN Legalize physical culture establishment (gym) App’d 62-96-BZ Fredrick A. Becker 30 Central Park S., MN Extend variance term (medical offices) App’d 595-44-BZ Joanne Seminara 1982 Bronxdale Ave., BX Extend variance term (gasoline service station) App’d 42-05-BZ Sheldon Lobel, P.C. 2443 Poplar St., BX Extend variance term (public parking) App’d 643-60-BZ Kenneth H. Koons 1426 Shore Dr., BX Construct two dwellings in bed of mapped st. App’d 1-05-A Kathleen Bradshaw 1356 Nostrand Ave., BK Amend variance (reconstruct church) App’d 886-82-BZ Blaise Parascondala 2905 Avenue M, BK Enlarge single 1-family dwelling (FAR) App’d 70-05-BZ Lewis Garfinkel, RA 525 Clinton Ave., BK Special permit (residential in M1-1) App’d 122-05-BZ Bryan Cave LLP 1732-1738 81st St., BK Construct four, 3-family dwellings App’d 315-04-BZ- Steve Sinacori 318-04-BZ 1255-1271 60th St., BK Construct nine, 3-story residential buildings W/D 397-03-BZ- Sheldon Lobel, P.C. 405-03-BZ 1527-1533 60th St., BK Enlarge manufacturing establishment App’d 375-04-BZ Greenberg Traurig 63 Rapeleye St., BK Construct 3-family dwelling App’d 154-04-BZ Rothkrug, Rothkrug 259 Vermont St., BK Construct 2-family dwelling App’d 102-05-BZ Rothkrug, Rothkrug 2402 Avenue P,BK Enlarge & legalize synagogue building App’d 147-05-BZ Sheldon Lobel, P.C. 790 Coney Is. Ave., BK Extend variance term (auto repair shop), App’d 1016-84-BZ Martyn & Don Weston legalize fender work 6717 Fourth Ave., BK Extend variance term (parking) App’d 7-51-BZ Eric Palatnik, P.C. 1901 Ocean Pkwy., BK Amend variance (community center) App’d 206-04-BZ Steve Sinacori 138-27 247th St., QN Extend time for C of O (2-story retail addition) App’d 146-02-BZ Anthony DiProperzio 39 Ocean Ave., QN Enlarge 1-family res. not fronting mapped street App’d 203-05-A Joseph A. Sherry 140-26A 34th Ave., QN Revoke C of O (multi-building res. development) App’d 53-04-A- NYC DOB 62-04-A 135-35 North. Blvd., QN Construct 17-story, 200 unit mixed use building App’d 156-03-BZ Howard Goldman 189-11 North. Blvd., QN Extend variance term (eating and drinking est.) App’d 109-93-BZ H. Irving Sigman 202-01 North. Blvd., QN Permit sale of automobiles on open lot App’d 344-04-BZ Alfonso Duarte 217-07 North. Blvd., QN Extend variance term (auto dealership) App’d 926-86-BZ Sheldon Lobel, P.C. 22-08 43rd Ave., QN Extend time to complete construction App’d 116-05-BZY Fredrick A. Becker 43-05 222nd St., QN Extend time to complete construction App’d 117-05-BZY Fredrick A. Becker 458-1/2 Hillcrest, QN Enlarge 1-family res. in bed of mapped street App’d 160-05-A Gary Lenhart, RA 141-50 Union Trnpk., QN Extend variance term (service station) App’d 436-53-BZ Vassalotti Assoc. 97-45 Queens Blvd., QN Extend time for C of O (greenhouse) App’d 871-46-BZ Joseph Morsellino 62-02 Roosevelt, QN Permit dance floor in eating/drinking est. App’d 185-05-BZ Carol E. Rosenthal 62-41 Forest Ave., QN Construct 3-story res. & 4-story mixed use bldg. App’d 53-05-A Agusta Group in bed of mapped st. 12-09 116th St., QN Construct two, 2-family dwellings in bed of App’d 191-05-A; Eric Palatnik, P.C. mapped street 192-05-A 32-12 23rd St., QN Legalize conversion to comm. facility use W/D 380-04-BZ Sheldon Lobel, P.C.

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

18 Volume 3 CITYLAND February 2006 New Decisions Added to CITYADMIN www.citylaw.org – Dec. - Feb. 2006* (Continued)

BOARD OF STANDARDS & APPEALS (CONTINUED) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 547 Midland Ave., SI Extend variance term (vehicle and storage est.) App’d 289-79-BZ David L. Businelli 17 Riverside Lane, SI Construct 75 dwellings not fronting mapped street App’d 208-05-A- Stadtmauer Bailkin 282-05-A 38 Zephyr Ave., SI Enlarge 1-family dwelling App’d 360-04-BZ Marcus Marino 366 Nugent St., SI Alter 1-family dwelling Denied 103-05-A Rothkrug, Rothkrug 2018 Richmond Ave., SI Construct 90-ft. radio tower W/D 75-05-BZ Synder & Synder

LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 115 Broadway, MN U.S. Realty Co. Building Install awnings 06-5168 Yes 1/11/2006 152 E. 38th St., MN East 38th Street House Replace planters, lighting 06-4830 In Part 12/27/2005 881 7th Ave., MN Carnegie Hall Install poster box 06-5354 Yes 1/19/2006 1220 Fifth Ave., MN Museum of the City of NY Construct 2-story addition 06-4881 Yes 1/9/2006 375 Park Ave., MN Seagram Building Install two security desks 06-4805 Yes 1/9/2006 2300 South. Blvd., BX Astor Court Alter entrance, install ramp 06-5338 Yes 1/18/2006 135 Broadway, BK Kings County Savings Bank Install fire escape 06-4820 Yes 12/27/2005 181 Duane St., MN Tribeca West HD Install infill, canopy, lighting 06-4492 Yes 12/9/2005 470 Broome St., MN SoHo-Cast Iron HD Install infill, signage, doors 06-4479 Yes 12/8/2005 154 Spring St., MN SoHo-Cast Iron HD Legalize flagpole 06-4594 No 12/13/2005 515 Broadway, MN SoHo-Cast Iron HD Modify infill 06-4611 Yes 12/19/2005 6 Wooster St., MN SoHo-Cast Iron HD Install infill, awnings, lighting 06-4931 Yes 1/19/2006 417 Lafayette St., MN NoHo HD Install infill 06-5167 Yes 1/10/2006 620 Broadway, MN NoHo HD Alter facade 05-8790 Yes 12/13/2005 38 Commerce St., MN Greenwich Village HD Install doors, box-office infill 06-4066 Yes 12/1/2005 37 7th Ave., MN Greenwich Village HD Legalize infill 06-4734 Yes 1/3/2006 101 7th Ave. S., MN Greenwich Village HD Remove stucco, replace infill 06-4484 Yes 12/9/2005 192 7th Ave. S., MN Greenwich Village HD Legalize opening, signage, gates 06-4797 Yes 12/22/2005 641 Hudson St., MN Gansevoort Market HD Install infill 06-4541 Yes 12/15/2005 73 Fifth Ave., MN Ladies’ Mile HD Install infill, door 06-4090 Yes 11/30/2005 79 Fifth Ave., MN Ladies’ Mile HD Remove infill, install doors 06-4677 Yes 12/16/2005 35 W. 20th St., MN Ladies’ Mile HD Install fascia, awning, door 06-5263 Yes 1/20/2006 16 W. 23rd St., MN Ladies’ Mile HD Install infill, door 06-3918 Yes 12/19/2005 330 W. 77th St., MN West End Collegiate HD Alter rear facade 06-4151 Yes 12/5/2005 119 W. 82nd St., MN Upper West Side/CPW HD Construct rooftop addition 06-4253 Yes 12/6/2005 933 Madison Ave., MN Upper East Side HD Demolish rowhouse, alter others 06-4766 Yes 1/5/2006 564 Park Ave., MN Upper East Side HD Replace flagpole 06-5209 Yes 1/17/2006 1147 Park Ave., MN Carnegie Hill HD Legalize reconst. of rear wall 06-3820 Yes 11/18/2005 745 Fox St., BX Longwood HD Alter portico, facade 06-4630 Yes 12/15/2005 154 Bergen St., BK Boerum Hill HD Legalize windows 06-4629 No 12/16/2005 118 Milton St., BK Greenpoint HD Create curb cut, modify fence 06-4489 No 12/8/2005 164 Atlantic Ave., BK Cobble Hill HD Construct rooftop mechanical room 06-4157 Yes 12/1/2005 Montague/Henry, BK Brooklyn Heights HD Replace newsstand 06-5329 Yes 1/18/2006 32-17 Douglas Rd., QN Douglaston HD Legalize carport alterations 06-5179 Yes 1/11/2006 129 Arleigh Rd., QN Douglaston HD Replace piers, windows 06-4281 Yes 12/8/2005 28 Shore Rd., QN Douglaston HD Construct rear addition 06-4579 Yes 12/29/2005 Selected New Building Permit Applications – Published by DOB from Dec. 19, 2005 to Jan. 20, 2006

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

Thomas McCloskey, 17th and 10th Assoc. 450 W. 17th St., MN 520,296 24/250 ft. John Daly, Manhattan College 5935 Broadway, BX 344,073 5/58 ft. Evan Stein, Third Avenue Developers 316 Third Avenue, MN 289,986 21/210 ft. Joel Kestenbaum, Kent Property Holdings 164 Kent Avenue, BK 216,306 29/297 ft. Joel Kestenbaum, Kent Property Holdings 164 Kent Avenue, BK 178,752 6/65 ft. Eytan Benymain, 454 454 Manhattan Ave., MN 133,189 8/78 ft. Evan Haymes, Bronfman Fisher Real Estate 261 W. 28th St., MN 75,790 11/116 ft. Morris Feldman, Venus Knitting Inc. 248 North 8th St., BK 74,000 6/70 ft. David Penick, 122 Greenwich Street 122 Greenwich Ave., MN 69,882 11/128 ft. Jonathan Stern, ADG-SoHo LLC 325 W. Broadway, MN 65,682 9/109 ft.

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

February 2006 Volume 3 CITYLAND 19 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

Large-scale retail development to replace Bronx Terminal Market. (Story on page 1) Photo: Kevin E. Schultz.

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CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support of: AGENCY NUMBER OF YEARS Manatt, Phelps & Phillips, LLP NAME DECISIONS AVAILABLE The Community Trust BSA 1,779 2002-Present Gifford Miller, Speaker Council 1,054 2003-Present New York City Council CPC 504 2003-Present Weil, Gotshal & Manges LLC DOB 67 1999-Present Gibson, Dunn & Crutcher Landmarks 1,196 2002-Present Charles H. Revson Foundation CITYLAND Loft Board 1,298 1996-Present WWW.CITYLAW.ORG