CITYLAND

DECEMBER 2009 center for city law VOLUME 6, NUMBER 11

Highlights

CITY COUNCIL Hudson Yards project modified .165 Bronx armory plan rejected . . . .167 West Harlem block rezoned . . . .168 CPC reversed on curb cut ...... 169 Triangle modified . . .170

LANDMARKS Split on B.F.Goodrich buildings .171 Gansevoort addition heard . . . . .172 Paramount Hotel designated . . .173

ADMINISTRATIVE DECISIONS Hoist contractor fine upheld . . .173 Stalled site fence violation . . . . .174 Proposed development of the MTA’s Western Rail Yard site, including eight mixed-use towers, as envi- Leaning building fine dismissed .174 sioned by the Related Companies. Image: Courtesy of Related Companies. Contractor who left job fined . . .175 CITY COUNCIL Line runs along the site’s southern and western edges, but it is not part of the proposed project. COURT DECISIONS Rezoning The approved plan will convert Columbia expansion upset . . . .175 Hudson Yards, the Metropolitan Transit Authority’s Highest ct. reverses BSA ...... 175 open rail storage yard into a 5.7 mil- Willets Point challenge denied . .177 Council modifies zoning of lion sq.ft. development that would Trade fixtures in Bushwick . . . . .177 MTA’s Western Rail Yard include eight mixed-use towers, The Council’s Land Use Committee containing roughly 4,600 – 5,700 CITYLAND PROFILE approved the proposal after the dwelling units, 5.4 acres of open developer agreed to provide perma- space, and a new public school. The Daniel R. Garodnick ...... 176 nently affordable on-site housing.On proposal included setting aside December 14, 2009, the City Coun- twenty percent of the project’s rental CHARTS cil’s Land Use Committee modified units as affordable housing. Related and approved Goldman Sachs and submitted applications to rezone the DCP Pipeline ...... 167 Related Companies’ proposal to site from an M2-3 to a C6-4 district, ULURP Pipeline ...... 168 develop the Western Rail Yard site on obtain special permits to build two BSA Pipeline ...... 170 the far west side of Midtown, Man- Landmarks Actions ...... 172 parking garages with a maximum of Landmarks Pipeline ...... 173 hattan. The thirteen-acre site is 1,600 combined spaces, and to Citylaw.org New Decisions . .178 – 79 bounded by West 33rd Street to the extend the Special Hudson Yards north, West 30th Street to the south, District to include the site. Eleventh Avenue to the east, and As part of the project’s broader Twelfth Avenue to the west. The High goals to develop (cont’d on page 167)

December 2009 Volume 6 CITYLAND 165 COMMENTARY Empire State Development gets an earful on public hearings In a blistering opinion, the First Department overturned Empire State Development Corporation’s deci- sion to use eminent domain on behalf of Columbia University. [p.175 of this issue of CityLand] The judges’ anger at Empire State was palpable as they verbally destroyed the factual findings by which Empire State justified assisting Columbia’s expansion plans. As a practical matter the decision only affects a few holdout properties, since Columbia controls most of the buildings in the designated expansion . There is still the possibility of reversal by the Court of Appeals, but as judicial statement, the opinion sends a powerful message of encouragement to the communities fighting similar civic and economic developments in their neighborhoods. The judges forcefully criticized Empire State for simultaneously stonewalling court orders to produce documents while, at the same time, closing the hearing record. This prevented the opposition from includ- ing contrary facts in the administrative record. The court’s opinion on the importance of the public hearing brought back a personal memory for me. In the early 1980s I was asked to be the hearing officer for an Urban Development Corporation project located on Roosevelt Island. The project was limited and seemed worthy. On the night of the hearing, how- ever, a large turnout of persons consistently spoke against the project. The hearing took place in a church basement and I sat in the front at a desk as the hearing officer. At the conclusion of each speaker’s statement I thanked the speaker and said, “Your views will be taken into consideration.” I thought such a neutral state- ment was both courteous and appropriate. After I had said the “your views will be taken into consideration” a number of times, the UDC lawyer watching over the hearing, came up behind me and whispered. “Please do not say ‘your views will be taken into consideration.’ You are going beyond your authority.” I don’t have a personal view of the Columbia plan, but it is certainly a nice feeling to have a court stand up and say that the public hearings really do mean that “your views will be taken into consideration.” Ross Sandler CITYLAND

Ross Sandler Bradley McCormick ’09 Jesse Denno Professor of Law and Director, Matthew A. Windman ’09 Staff Writer, Production Asst. Center for Law Fellows Maryellen Philips The Center expresses appreciation to the Frank Berlen ’07 Lebasi Lashley Administrative Coordinator individuals and foundations supporting the Associate Director Art Director Kelly Browne ’10 Center and its work: The Steven and Sheila Aresty Managing Editor Petting Zoo Design Nicole Nahas ’10 Peter Schikler ’08 Brent Reitter ’10 Foundation, Fund for the City of New York, CityLand Editor Student Writers The Durst Foundation, The Charina Endowment Fund, The Murray Goodgold Foundation, CITYLAND ADVISORY BOARD Jerry Gottesman, The Marc Haas Foundation and Kent Barwick Howard Goldman Carol E. Rosenthal The Prospect Hill Foundation. Andrew Berman David Karnovsky Michael T. Sillerman Molly Brennan Ross Moskowitz ’84 Paul D. Selver Albert K. Butzel Frank Munger CITYLAN D (ISSN 1551-711X) is published 11 times a year by the Center for New York City Law at New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York Law School, 57 Worth St., New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, Stanley S. Shuman, Eric Hatzimemos ’92 Steven M. Polan e-mail: [email protected], website: www.city- Chair Michael D. Hess Norman Redlich law.org © Center for New York City Law, 2009. All Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Joseph B. Rose rights reserved. Printed on recycled paper. Maps Sheila Aresty ’94 William F. Kuntz II Ernst H. Rosenberger ’58 presented in CITYLAND are from Map-PLUTO Harold Baer, Jr. Eric Lane Rose Luttan Rubin copyrighted by the New York City Department of David R. Baker Randy M. Mastro City Planning. City Landmarks and Historic Dis- Michael A. Cardozo Frederick P. Schaffer Richard Matasar Frederick A.O. Schwarz, Jr. tricts printed with permission of New York City Anthony Coles Landmarks Preservation Commission. Edward N. Costikyan Robert J. McGuire O. Peter Sherwood Paul A. Crotty Francis McArdle Edward Wallace POSTMASTER: Send address changes to Richard J. Davis John D. McMahon ’76 Richard M. Weinberg CITYLAND , 57 , New York, New York Michael B. Gerrard Thomas L. McMahon ’83 Peter L. Zimroth 10013-2960. Periodicals postage paid at New York, Judah Gribetz Gary P. Naftalis James D. Zirin New York. Kathleen Grimm ’80

166 Volume 6 CITYLAND December 2009 CITY PLANNING PIPELINE Avenue building. Speaker Christine C. Quinn, whose district includes the Hudson New Applications Filed with DCP — November 1 - 30, 2009 Yards, generally praised the propos- APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE al. Quinn noted that the MTA select- ZONING TEXT AND MAP AMENDMENTS ed Related to develop the site

DCP Resd’l Streetscape Pres., CW Txt. chg. to preserve streetscape char. 100139ZRY because it had the strongest plan Hour Children, Inc. 11th St. & 36th Ave., QN Rezone (M1-1 to R5D/C1-3) 100145ZMQ Kramer Levin regarding affordable housing. She SPECIAL PERMITS/OTHER ACTIONS continued that “we expect” a guar- antee on a minimum number of HPD Providence House II, BK UDAAP & dispo. (1 bldg., 45 units); 100155HAK; spec. perm. for community fac. FAR 100156ZSK permanently affordable on-site HPD Knickerbocker Commons, BK UDAAP & dispo. (1 bldg., 24 units) 100162HAK units. Chair Tony Avella closed the LPC 189-211 Ocean Ave., BK Landmark (Ocean on the Park HD) 100141HKK hearing without a vote to allow for SAR Academy 655 W. 254th St., BX Cert. of restoration for alterations 100153ZCX Greenberg Traurig further discussions. 83 Walker LLC 83 Walker St., MN Spec. perm. to dev. 8-story bldg. 100149ZSM Sheldon Lobel When the Subcommittee LPC 72 E. 4th St., MN Landmark (Aschenbroedel Verein) 100166HKM reconvened, Avella announced the LPC 145 8th Ave., MN Landmark (145 8th Ave. House) 100167HKM proposal had been modified. In LPC 147 8th Ave., MN Landmark (147 8th Ave. House) 100168HKM addition to setting aside additional 360 Owners Corp. 360 W. 36th St., MN Cert. to conv. 2nd fl. for resd’l use 100163ZCM Fredrick Becker space for the public school and LPC 235 46th St., MN Landmark (Paramount Hotel) 100169HKM increasing community input con- LPC 26 W. 56th St., MN Landmark (Hayward/Parsons Ferry) 100160HKM cerning the allocation of open space, LPC 1780 Broadway, MN Landmark (BF Goodrich & Co. Bldg.) 100161HKM Related agreed to set aside more than 70th St. Holdings 45 E. 70th St., MN Spec. perm. to enlarge 1-family bldg. 100140ZSM Slater & Beckerman twenty percent of all residential units 340 E. 93rd. Corp 340 E. 93rd St., MN Modify spec. perm. to imprv. plaza 860650AZSM Akerman Senterfitt as affordable housing permanently. CAS 1761 Park Ave., MN Unrestr. dispo. for flooring estab. 100144PPM The Subcommittee approved LPC 327 Westervelt Ave., SI Landmark (Vanderzee-Harper House) 100170HKR the modified proposal, and the Kenneth Greico 97 Aultman Ave., SI Auth. to enlg. house & site alteration 100142ZAR Steven Savino Land Use Committee followed suit, Hashem Araj 1057 Todt Hill Rd., SI Cert. no spec. perm. to build home 100150ZCR Joseph Morace with Chair Melinda R. Katz abstain- Yury Leshchinsky 170 Douglas Rd., SI Cert. for restoration 100148ZCR Robert Caneco ing and Council Member Charles Philip Farinacci 12 Curtis Pl., SI Cert. to reconfig lots to build home 100154ZCR Jorge Canepa Barron voting no. The Council referred the modified plan back to permanent affordable housing in the Special Hudson Yards District include the City Planning Commission area, the Department of Housing definitions for the High Line and the for review. Preservation and Development High Line bed in order to ensure its requested permission to dispose of proper integration and preservation. Council: Western Rail Yard (C 090433 two off-site City-owned properties At the Subcommittee’s Novem- ZMM – rezoning); (C 090408 MMM – as locations for affordable housing. ber 23 public hearing, elected offi- map amend.); (C 090422 HAM – UDAAP); An MTA-controlled site, located at cials and community groups (C 090423 HAM – UDAAP); (N 090429 Ninth Avenue between West 54th expressed concern about affordable ZRM – text amend.); (C 090430 ZMM – and West 53rd Streets, would provide housing. David Hanzel, a member of rezoning); (N 090434 ZRM – text amend.); (C 090435 ZSM – spec. perm.); (C 090436 100 residential units and 30,000 sq. Manhattan Community Board 4, ZSM – spec. perm.) (Dec. 14, 2009). ft. of office space. A second site at said only approximately eight per- Tenth Avenue between West 49th cent of all on-site housing would be and West 48th Streets is controlled temporarily affordable. He request- CITY COUNCIL by the Department of Environmen- ed the project include at least twenty tal Protection and would provide an percent of all on-site units as perma- Rezoning/Map Amendments additional 200 units of affordable nently affordable. State Senator Kingsbridge, Bronx housing. The City would identify Thomas K. Duane, by written state- Kingsbridge Armory developers for the sites through a ment, said he was “grateful” for the rezoning defeated formal RFP process. plan’s two off-site affordable housing The City Planning Commission projects, but that the 30,000 sq.ft. set Members of the City Council’s Bronx modified the proposal during its aside for MTA office space at the delegation, at a public hearing, said review of the project, including alter- Ninth Avenue site was unacceptable. they opposed the project because the ing design criteria for the open space He asked the MTA to relinquish the developer would not agree to a living areas and individual towers. The space in order to provide more wage provision for armory workers. Commission also required that the affordable housing in the Ninth On December 14, 2009, the City

December 2009 Volume 6 CITYLAND 167 ULURP PIPELINE feasible. Council Member Annabel Palma, speaking on behalf of the Council’s Bronx delegation, said she New Applications Certified into ULURP wanted to see “real jobs with real liv- PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED ing wages.” The vote was laid over to 159 W. 48th Street Special permit MN 5 090367ZSM 11/2/2009 allow for further discussions Rose Plaza on Special permit; rezoning; BK 1 080340ZSK; 11/2/2009 between the Council, Related, and the River zoning text amendment; 080339ZMK; the Mayor’s office. authorization N100056ZRK; N080341ZAK When the Subcommittee Brookfield Landfill Acquisition of property; SI 3 100132PQR; 11/2/2009 reconvened on December 14, 2009, Remediation disposition of property 100133PPR Chair Tony Avella said the Mayor’s 118-02 Queens Blvd. Rezoning QN 6 060550ZMQ 11/16/2009 “administration had failed to reach Council denied Related Companies’ out benefits. The owners of a nearby an agreement with the Council” and redevelopment plan for the long- supermarket chain claimed that a recommended a motion to disap- prove the project. Council Member vacant Kingsbridge Armory in the potential new supermarket within Melinda R. Katz abstained, and only northwest Bronx. Under the propos- the armory would hurt the local Council Member Helen Sears voted al, Related would have built a four- markets in the area. against the motion. At the Land Use story structure within the armory The Commission approved Committee vote, Council Member providing 500,000 sq.ft. of commer- the project by a vote of 8-4-1, noting Charles Barron said the vote was cial space, 27,000 sq.ft. of communi- that the community benefits agree- “a historic moment in the City ty facility space, 30,000 sq.ft. of open ment and living wage provision Council,” and Avella congratulated space, and a sub-level parking were beyond the Commission’s scope of review. 6 CityLand 154 the Council’s Bronx delegation for garage. To facilitate the $300 million “standing up” and expressing the project, the proposal included appli- (Nov. 15, 2009). At the Council’s Zoning & concerns of its community. cations to dispose of the City-owned Before the full Council voted, armory and to rezone the area from Franchises Subcommittee hearing, opposition to the project remained. Speaker Christine C. Quinn urged an R6 district to a C4-4 commercial her colleagues to disapprove the use district. Bronx Borough President Diaz reiterated that he would not support plan, citing the project’s “negative At the City Planning Commis- traffic and public health impact” as sion’s hearing, members of the the project as long as Related refused to sign a community benefits two of the land use-related issues Kingsbridge Armory Redevelop- agreement guaranteeing a living that remained unresolved. She said ment Alliance (KARA), a coalition of wage. KARA supporters testified there were also “significant” unre- nineteen Bronx community groups, that without a living wage provision solved issues that were “separate and and a representative of Bronx Bor- the jobs created by the project apart from the charter’s land use ough President Ruben Diaz Jr. would not help working families process.” The Council rejected the expressed concerns about the pro- escape poverty. proposal by a 45 - 1- 3 vote. ject’s impact on the community. Deputy Mayor for Economic They requested that Related sign a Council: Kingsbridge Armory (Dec. 14, Development Robert Lieber said the 2009). community benefits agreement project would create more than guaranteeing a living wage provi- 1,200 permanent jobs and 1,000 con- sion that would provide employees struction jobs. He noted that past CITY COUNCIL with a salary of at least $10 an hour attempts to redevelop the armory with benefits, or $11.50 an hour with- had failed and expressed concern Rezoning that if the City did not approve this West Harlem, Manhattan plan, the armory would likely remain Harlem block rezoned closed and unproductive. Related’s attorney, Jesse Masyr, testified that a Stringer opposed, arguing that the living wage requirement would ren- proposal conflicted with the City’s der the project “un-financeable, un- broader efforts to rezone the West leasable, and un-buildable.” Harlem area. The City Council Council Member Joel Rivera approved West 129th Street Realty noted that the project would receive LLC’s plan to rezone one block in roughly $60 million in City subsidies West Harlem from R7-2 and M1-1 to The Kingsbridge Armory at 29 West Kings- and questioned why providing a liv- R7A. The block is bounded by West bridge Road in . Photo: CityLand. ing wage would not be financially 130th and West 129th Streets, and

168 Volume 6 CITYLAND December 2009 conflict with the goals of Council: West 129th Street Zoning the Department of City Change (C 080039 ZMM) (Dec. 9, 2009). Planning’s broader 90- block West Harlem rezon- ing study, and Manhattan CITY COUNCIL Community Board 9’s 197-a plan, which seek Text Amendment to encourage economic Financial District, Manhattan development through Council reversed Commission commercial and manu- on curb cut denial facturing uses and increase housing oppor- The City Planning Commission tunities. Borelli pointed denied developer’s special permit request to expand an existing parking Partitioned Metropolitan Opera warehouse on West 129th out that the subject block Street in Manhattan. Photo: CityLand. was the last M-zoned dis- facility into a 195-space public trict in West Harlem and garage. The City Council’s Land Use Convent and Amsterdam Avenues. the proposed residential develop- Committee modified and approved The block’s eastern and western por- ment would not create enough SDS 15 William Street LLC’s proposal tions along Convent and Amsterdam affordable housing. to amend the Special Lower Manhat- Avenues are developed with four- The Commission approved the tan District’s curb cut prohibitions and five-story apartment buildings proposal with only Commissioner and widen two curb cuts on the and were previously zoned R7-2. The Karen Phillips voting no. The Com- north side of Beaver Street between mid-block portion is developed with mission pointed out that the West Broad and William Streets in Man- a one-story warehouse and a two- Harlem Rezoning plan would not be hattan’s Financial District. Both curb story parking garage and was zoned ready for public review until 2010, cuts are south of SDS’s recently com- M1-1. The developer owns a 20,000 and found that the developer’s plan pleted 44-story residential building sq.ft. portion of the warehouse site, would be consistent with the “study’s at 15 William Street. In addition to which is slated for redevelopment. key goal of expanding housing the text amendment, SDS’s original In 2005, the developer pur- opportunities” in West Harlem. proposal included a special permit chased the eastern two-thirds of the At the Council’s Zoning & Fran- request to expand a 65-space acces- former storage warehouse used by chises Subcommittee hearing, attor- sory parking facility into a 195-space the Metropolitan Opera at 497 West ney Gary Tarnoff, representing the public garage. 129th Street, which it then parti- developer, responded to concerns Under the modified plan, SDS tioned. The site’s M1-1 zoning pro- about the proposal’s effect on the would be permitted to widen a hibited residential uses, and the broader West Harlem study. He said loading driveway curb cut from fif- developer requested the rezoning to that the developer would market five teen feet to twenty feet and extend a facilitate the development of two percent of the project’s units as ten-foot curb cut to twenty feet in residential buildings, one eight sto- affordable housing without relying order to access a 65-space accessory ries and the second nine. The two on HPD funds, and that it would parking garage. buildings will be connected by an explore other HPD programs for Prior to the building’s construc- interior courtyard, with the eight- additional affordable housing tion, the site served as a surface park- story building fronting West 129th opportunities so long as it would not ing lot used by trucks to access 40 Street, and the nine-story building delay construction. Exchange Place and 25 Broad Street’s fronting West 130th Street. The proj- The vote was laid over, and loading docks. During construction, ect will create approximately 90 when the Subcommittee recon- SDS built a driveway with a fifteen- rental units and 65 accessory parking vened, it unanimously approved foot curb cut along the site’s western edge in order to maintain access to spaces. The Metropolitan Opera will the rezoning. The Land Use Commit- continue to use its portion of the the loading areas. tee followed suit, and the full warehouse for storage. Buildings initially authorized Council approved the plan on At the City Planning Commis- the loading driveway curb cut, but December 9, 2009. sion’s hearing on September 23, revoked the authorization because 2009, Anthony Borelli, Director of ULURP Process it conflicted with the Special Lower Land Use for Manhattan Borough Lead Agency: CPC, Neg. Dec. Manhattan District’s regulations. Comm. Bd.: MN 9, Den’d, 22-5-4 President Scott M. Stringer, spoke in Boro. Pres.: Den’d Buildings permitted SDS to use opposition. He said Stringer CPC: App’d, 10-1-1 the original surface parking lot’s opposed the plan because it would Council: App’d, 46-0-6 ten-foot wide curb cut to access its

December 2009 Volume 6 CITYLAND 169 65-space parking garage on a grand- BSA PIPELINE fathered basis. During its review of the propos- al, the City Planning Commission New Applications Filed with BSA — November 1 - 30, 2009 limited the scope of SDS’s proposed APPLICANT PROJECT/ADDRESS DESCRIPTION APP. NO. REPRESENTATIVE amendment and found a 195-space VARIANCES public garage inappropriate. The Junius-Glenmore 75 Junius St., BK Const. mixed-use bldg. in M1-4 304-09-BZ Stuart A. Klein Commission found that permitting Ralph Stroffolino 2173 65th St., BK Construct mixed-use bldg. 309-09-BZ Harold Weinberg the loading driveway curb cut, and Boys & Girls Club 110-04 Atlantic Ave., QN Enlg. community facility 305-09-BZ Howard S. Weiss widening it by five feet, was appro- Joseph Ursini 366 Husson St., SI Legalize pool, parking 308-09-BZ Jorge F.Canepa priate because there was no alter- SPECIAL PERMITS/OTHER ACTIONS nate means of accessing the loading Michael Matalon 1092 E. 22nd St., BK Enlg. 3-story dwelling 311-09-BZ Eric Palatnik docks. However, the Commission Zahava Hurwitz 1358 E. 28th St., BK Enlg. 1-family dwelling 307-09-BZ Fredrick A. Becker stated that widening the parking Yi Fu Rong 820 39th St., BK Continue use of enlargement 302-09-BZ Harold Weinberg garage curb cut would “erode the pri- APPEALS macy of pedestrians” over vehicle Gansevoort St. LLC 50 Gansevoort St., MN Appeal C of O revocation 324-09-A D.B. David Shin traffic on the sidewalk. 340 CS Holdings 340 Court St., BK Const. townhouses, condo 323-09-A Kramer Levin The Commission denied the Breezy Pt. Co-op 14 State Rd., QN Enlg. dwelling in mapped st. bed 310-09-A Gary D. Lenhart special permit request to expand Luis Cuji 37-48 60th St., QN Revoke C of O 306-09-A DOB the garage, stating that SDS’s pro- EXTEND CONSTRUCTION PERIOD posed design would not provide the 55 Eckford St. LLC 55 Eckford St., BK Ext. time for minor development 157-07-BZ Howard Zipser required number of reservoir 517 53rd St. Inc. 517 53rd St., BK Ext. const. time by 3 mos. 303-09-BZY Ray Chen spaces. It found that a ten-foot curb cut would only permit a single ULURP Process boundaries of the urban renewal entrance/exit lane for the garage, Lead Agency: CPC, Neg. Dec. area and rezoning nine blocks in Comm. Bd.: MN 1, App’d, 26-9-3 order to facilitate the development of which would be inadequate to Boro. Pres.: App’d serve a large parking facility. The CPC: App’d text amend., den’d spec. perm., 1,851 residential units, 844 of which Commission noted that SDS pro- 11-0-0 would be affordable. posed reducing the size of the Council: Pending The rezoning would impact nine blocks generally bounded by garage from 195 to 95 spaces, but Council: 15 William Street Garage (C stated that it would be “unprece- 090294 ZSM – spec. perm.); (N 090293 Lynch Street to the north, Whipple dented” to approve a garage of that ZRM – text amend.) (Nov. 24, 2009). Street to the south, Throop Avenue to size with only a ten-foot curb cut. the east, and portions of Union and Harrison Avenues to the west. The At the Council’s Zoning & Fran- CITY COUNCIL chises Subcommittee hearing on area’s northern blocks would be rezoned from M1-2, M3-1, and C8-2 November 23, 2009, attorney Jay Rezoning/Text Amendment to an R6A district. The area’s south- Segal, representing SDS, asked the Williamsburg, Brooklyn ern four blocks between Walton and Council to allow SDS to widen both Whipple Streets contain most of the the loading dock and parking garage Split vote favors Brooklyn City- and privately-owned vacant curb cuts. He said SDS planned to Broadway Triangle plan land and would be rezoned from leave the loading driveway curb cut Community groups opposed to M1-2 to an R7A district. C2-4 over- at fifteen feet, and argued that pedes- rezoning proposal expressed concerns lays would run along Harrison, trian traffic would not be adversely about HPD’s opaque planning Throop, and Union Avenues. affected by widening the parking process. On December 7, 2009, the The proposal requested the dis- garage curb cut to twenty feet. City Council’s Land Use Committee position of 35 City-owned properties The Subcommittee agreed, modified and approved the in order to develop 488 units of reversing the Commission’s modifi- Department of Housing Preserva- affordable housing. The City cur- cation, and approving SDS’s request tion and Development’s proposal rently owns 26 of the 35 properties to widen the parking garage curb to redevelop the seventeen-block and would acquire the remaining cut to twenty feet. The Land Use Broadway Triangle Urban Renewal properties from private owners. Committee followed suit the next Area in South Williamsburg, Brook- HPD has already issued site authori- day, and the Council referred the lyn. The City created the Broadway zation letters to the United Jewish modified proposal back to the Com- Triangle URA in 1989, and HPD’s Organizations of Williamsburg and mission for review. proposal included redrawing the the Ridgewood Bushwick Senior Cit-

170 Volume 6 CITYLAND December 2009 izens Council to facilitate the devel- vote. Before the vote, Reyna 225 West 57th Street. Attorney Paul opment of three assemblages of described the proposal as a misrep- Selver stated that Extell was not City-owned lots, accounting for 181 resented plan that did not create aware either B.F. Goodrich Company affordable units. The Inclusionary enough affordable housing, open Building was under landmark con- Housing program would be used to space, or economic development, sideration when it acquired the encourage affordable housing devel- and that it would displace hundreds properties in order to redevelop the opment on privately owned lots. of jobs in the rezoning area. Council site. William Higgins, also represent- At the City Planning Commis- Member Jackson abstained, and ing Extell, argued that all the archi- sion’s hearing, members of the Avella, Barron, Ignizio, Liu, Mendez, tectural significance resided in 1780 Broadway Triangle Coalition, a and Palma voted no. Broadway and that it was appropri- group representing more than 40 The Council referred the modi- ate for Landmarks to make separate community-based organizations, fied proposal back to the Commis- designation decisions when consid- testified that the planning process sion for review. ering the two buildings. 6 CityLand lacked transparency, noting HPD did Review Process: 124 (Sept. 15, 2009). not use a competitive bid process Lead Agency: HPD, Neg. Dec. After the hearing, Landmarks when it issued site authorization let- Comm. Bd.: BK 1, App’d, 23-12-1 received a letter from City Council ters to the UJO and BRSCC. Local Boro. Pres.: App’d Speaker Christine C. Quinn and business owners expressed concern CPC: App’d, 11-1-1 Council Members Jessica S. Lappin, Council: Pending about the use of eminent domain to Daniel R. Garodnick, and Melinda R. acquire properties. The Commission Council: Broadway Triangle Rezoning Katz stating that they supported des- voted to approve the proposal, with (C 090415 HUK – urban renewal plan); ignating 1780 Broadway, but suggest- only Commissioner Karen Phillips (C 090413 ZMK – rezoning); (N 090414 ing 225 West 57th Street did not merit voting no. ZRK – text amend.); (C 090416 HAK – designation. The council members At the Council’s Planning, Dis- UDAAP) (Dec. 7, 2009). pointed out that 225 West 57th positions & Concessions Subcom- Street’s designation could “fatally mittee hearing on November 19, LANDMARKS PRESERVATION compromise the footprint” of Extell’s 2009, opposition remained from proposed development project. community groups. Council Mem- COMMISSION At the designation meeting, ber Diana Reyna, whose district bor- Landmarks Chair Robert B. Tierney ders the rezoning area, said she Designation said that based on testimony and opposed the plan because HPD did Midtown, Manhattan submitted comments, he believed not consider the proposal’s impact Designation denied on one only 1780 Broadway merited desig- on Brooklyn Community Board 3. B.F.Goodrich building nation. Tierney found 1780 Broad- She said the plan would remove CB 3 from the urban renewal area and that Developer supported designation of CB 3 should have been consulted. one building but opposed designa- Chair Daniel R. Garodnick laid tion of related structure. On Novem- the vote over, and when the Subcom- ber 10, 2009, Landmarks voted to mittee reconvened he announced designate the B.F. Goodrich Compa- that the proposal had been modified ny Building at 1780 Broadway as to include preferences for open an individual City landmark, but space on two of the City-owned lots. not its sister building at 225 West Before recommending approval, 57th Street. Howard Van Doren Garodnick said that he shared his Shaw designed and built both colleagues’ concerns about HPD’s structures in 1909, using elements site authorization process and noted from the Chicago School and that HPD had agreed to post more Vienna Secession movement. The information about its policy on its area of Midtown was then known as website. He said HPD would also “Automobile Row,” housing the post a list of properties that have offices and showrooms of several received site authorization letters in car-related companies. order to create a more transparent At an August 11 hearing, repre- process. The Subcommittee unani- sentatives of the buildings’ owner, mously approved the proposal. Extell Development, testified that The Land Use Committee Extell supported designating 1780 B.F. Goodrich Company Building at 225 West approved the project by a 12-6-1 Broadway but opposed protecting 57th Street in Manhattan. Photo: LPC.

December 2009 Volume 6 CITYLAND 171 way to be more closely associated rooftop addition, set back fifteen A representative of Manhattan with “Automobile Row,” noting it feet, and spanning the three mid- Community Board 2 spoke in favor served as B.F. Goodrich’s headquar- block rowhouses at 21, 23, and 25 of the facade alterations but opposed ters and it “alone tells the story of this Ninth Avenue. the rooftop addition. Elizabeth important period in U.S. history.” BKSK architect Harry Kendall Solomon, representing the Green- Vice Chair Pablo Vengoechea testified that the inspiration for the wich Village Society for Historic disagreed with Tierney, stating that rooftop addition came from the Preservation, testified that the addi- 225 West 57th Street’s significance ironwork of the nearby elevated rail- tion would radically alter the charac- was independent of its relationship road tracks, and from viewing tax ter of the buildings, which she noted to “Automobile Row.” He found the photos taken in the 1870s showing were some of the oldest in the architecture of the West 57th Street the rowhouses with chimneys, long historic district. building “innovative” and an “archi- since demolished. Kendall explained Landmarks Commissioners tectural expression of modernity.” that recessed metal panels would generally responded positively, but Commissioner Stephen Byrns sup- divide the addition, reflecting the did not vote on the proposal. Com- ported designating 225 West 57th tripartite division of the buildings. missioner Fred Bland said he was Street, calling it “a precious example He described the addition as “ship- “completely persuaded” by the pres- of early modernism.” Commissioner ping container-ish” and said it entation and that the proposal fit the Roberta Brandes Gratz said desig- would reflect the district’s industrial historic district’s context. Vice Chair nating only one of the buildings was character. Kendall said the glass Pablo Vengoechea said he appreciat- “akin to separating siblings.” and steel addition’s transparency ed the mix of contemporary archi- The commission voted to desig- would reflect the “visible life” of the tecture blended with the preserva- nate 1780 Broadway and decalendar High Line. tion of the buildings’ historic fabric, 225 West 57th Street by a vote of six to three, with Vengoechea, Byrns, and Gratz voting no. Landmarks Actions Taken in November 2009 FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS LPC: B.F. Goodrich Company Buildings, 1780 Broadway, 225 W. 57th Street, ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D Manhattan (LP-2380) (Nov. 10, 2009). November 10, 2009 115 Broadway, MN U.S. Realty Building Install canopy 09-8825 Yes 350 Fifth Ave., MN Empire State Building Amend C of A, mast. plan (signs) 10-3947 W/Mod LANDMARKS PRESERVATION 135-32 38th Ave., QN St. George’s Church Const. perimeter wall 10-2134 Yes COMMISSION 416 Broadway, MN East HD Leg. roof add., mod. storefront 09-5327 In part 757 E. 19th St., BK Fiske Terrace-Midwood HD Demolish garage 09-8223 Yes Certificate of Appropriateness 247 DeKalb Ave., BK Fort Greene HD Leg. non-compliant infill, facade 09-9067 W/D 37-58 83rd St., QN Jackson Heights HD Install areaway fence 10-1164 Yes Meatpacking District, Manhattan November 17, 2009 Alterations to rowhouses 83 Spring St., MN SoHo-Cast Iron HD Inst. storefront infill 08-6877 Yes near High Line considered 111 Waverly Pl., MN Greenwich Village HD Replace sidewalk 10-1418 Yes 208 W. 11th St., MN Greenwich Village HD Install wall sign 10-2184 Yes Community board and preservation 263 W. 12th St., MN Greenwich Village HD Mod. facades, const. bulkhead 10-2016 Yes groups supported rowhouses’ facade 151 W. 13th St., MN Greenwich Village HD Construct rear, roof adds. 09-7363 Yes alterations but not the proposed 160 Fifth Ave., MN Ladies’ Mile HD Alter entrance 10-2964 Yes rooftop addition. On November 10, 67 W. 71st St., MN Upper West Side/CPW HD Inst. infill, const. rear adds. 08-7596 Yes 2009, Landmarks heard testimony 156 Clinton St., BK Brooklyn Heights HD Modify entrance 10-0605 Yes on Aurora Capital Associates’ rede- 239 Degraw St., BK Cobble Hill HD Install infill, windows 09-1782 Yes velopment proposal for four, three- 79 7th Ave., BK Park Slope HD Demo bldgs., const. bldgs. 10-2500 Yes story Greek Revival rowhouses at 21 211 Hillside Ave., QN Douglaston HD Alt. facade, const. addition 09-8983 Yes through 27 Ninth Avenue in the Gan- 234-24 Melrose Ln., QN Douglaston HD Construct house 09-8163 W/Mod November 24, 2009 sevoort Market Historic District. The 175 Franklin St., MN Tribeca West HD Alter entr., rem. loading plat. 10-2796 Yes proposal included restoring the 19th 18 Wooster St., MN SoHo-Cast Iron HD Retain paint, banner 10-3698 Yes century buildings’ red-brick facade, 62 W. 9th St., MN Greenwich Village HD Alter storefront 10-3488 W/Mod replacing ground floor infill with 23 W. 17th St., MN Ladies’ Mile HD Install storefront 09-4261 Yes steel and glass storefronts, replacing 436 W. 20th St., MN Chelsea HD Const. rooftop addition 10-1595 W/Mod and extending a metal marquee, and 56 W. 70th St., MN Upper West Side/CPW HD Alter facade, repl. windows 07-3744 W/Mod converting the ground floor to retail 433 W. 147th St., MN Hamilton Hts./Sugar Hill HD Replace windows 10-3404 W/Cond use. Aurora would build an eleven- 601 Vanderbilt Ave., BK Prospect Heights HD Install duct work 10-1395 Yes and-a-half foot tall steel and glass 92 Clark St., BK Brooklyn Heights HD Legalize storefront, signage 10-2477 Yes

172 Volume 6 CITYLAND December 2009 LANDMARKS PIPELINE Schrager bought the Paramount in the 1990s, repairing the hotel’s exte- rior and hiring Philippe Starck to Proposed Designations – November 2009 redesign its lobby. NAME ADDRESS ACTION DATE At the hearing, no one spoke in E. Hayward Ferry Residence 26 W. 56th St., MN Designated 11/10/2009 opposition, and the Commissioners B.F.Goodrich Co. Bldgs. 1780 Broadway, MN; Designated; 11/10/2009 unanimously endorsed designating 225 W. 57th St., MN Decalendared the hotel. Commissioner Stephen Aschenbroedel Verein 74 E. 4th St., MN Designated 11/17/2009 Byrns said the building serves as a 11th St. Methodist Episcopal 545 E. 11th St., MN Heard 11/17/2009 145 Eighth Ave. House 145 Eighth Ave., MN Designated 11/17/2009 reminder “of the elegance of Times 147 Eighth Ave. House 147 Eighth Ave., MN Designated 11/17/2009 Square” in the 1920s, while Commis- Union League Club 38 E. 37th St., MN Heard 11/17/2009 sioner Thomas Moore said the Para- Spring Mills Building 104 W. 40th St., MN Heard 11/17/2009 mount should have been land- Yale Club 30 W. 44th St., MN Heard 11/17/2009 marked “years ago.” Paramount Hotel 235 W. 46th St., MN Designated 11/17/2009 Paul Rudolph House 23 Beekman Pl., MN Heard 11/17/2009 LPC: Paramount Hotel, 235 West 46th Look Building 488 Madison Ave., MN Heard 11/17/2009 Street, Manhattan (LP-2342) (Nov. 17, Greyston Gatehouse 4695 Independence Ave., BX Calendared 11/17/2009 2009). Vanderzee-Harper House 327 Westervelt Ave., SI Designated 11/17/2009 but suggested reducing the height of mount is one of only a very few hotels ADMINISTRATIVE DECISIONS the rooftop addition by at least one he designed. Rising nineteen stor- foot so as not to overwhelm the scale ies, the building’s facade includes Environmental Control Board of the facade. Commissioners Diana ornate brick, terra cotta, and stone, Financial District, Manhattan Chapin and Libby Ryan agreed with and it is topped off by a copper this assessment, and Ryan recom- mansard roof. The Paramount’s Hoist contractor fined $1,000 mended that the addition include ground floor facade notably features more steel and less glass. Hoist at former Deutsche Bank build- a double-height arcade with twelve ing had broken door and brake. The Chair Robert B. Tierney agreed marble-faced arches. that the addition’s scale should be Development At the time of the hotel’s con- reduced, and he closed the hearing Corporation hired Regional Scaf- struction, was peaking so that the applicant could return folding and Hoisting Co. and Safe- in prominence as an entertainment with a revised proposal. way Environmental Corp. to assem- hub, and the Paramount served as a ble exterior scaffolding on the for- LPC: 21-27 Ninth Avenue, Manhattan luxury destination for visitors enjoy- mer Deutsche Bank building at 130 (10-1847) (Nov. 10, 2009). ing the City’s nightlife. After a long Liberty Street in Manhattan. Aside period of neglect, hotelier Ian from the scaffolding, the joint ven- LANDMARKS PRESERVATION ture was also hired to install a hoist COMMISSION for personnel and material. Lower Manhattan Development hired Bovis to deconstruct the building Designation after the joint venture completed its Midtown, Manhattan work, and Bovis agreed to assume Times Square’s Paramount responsibility for the maintenance Hotel designated of the hoist once Bovis accepted the joint venture’s work. After the work Theater District hotel’s architect was was completed, an officer from primarily known as a theater design- Buildings observed a defective car er. On November 17, 2009, Land- door and machine brake on the marks voted to designate the Para- hoist, and issued Regional a notice of mount Hotel, located at 235 West violation for failing to maintain the 46th Street in Manhattan. Thomas W. hoist in a safe manner. Lamb built the 600-room French At a hearing, Regional argued Renaissance hotel between 1927 and that it could not be found liable for the 1928. The Scottish-born Lamb was a violation because Lower Manhattan prolific theater and cinema archi- Development was the owner of the tect, having designed more than 300 The Paramount Hotel at 235 West 46th Street premises and that the joint venture, theaters around the world. The Para- in Manhattan. Photo: CityLand. not Regional, contracted to install the

December 2009 Volume 6 CITYLAND 173 hoist. Regional claimed that the to the NOV’s issuance. The contrac- maintenance responsibility for the tor claimed that he tried to renew the hoist had already transferred to Bovis work and fence permits, but had at the time of the NOV. Buildings been unsuccessful. countered that Regional was a proper An ALJ upheld the NOV, ruling party because it was the applicant of that a valid construction fence per- record for the hoist installation per- mit is required even when the con- mit. The ALJ agreed with Regional struction site is inactive. Kharran and dismissed the NOV, finding that appealed to the Environmental Con- Lower Manhattan Development was trol Board, arguing that the fence was the owner of the premises. erected for permitted work that was The Environmental Control performed while the fence permit Board reversed the ALJ and imposed was still valid and that no work had a $1,000 penalty. The Board found been performed since Buildings that the Construction Codes’ defini- issued a stop work order. tion of “owner” was not limited to the The Board denied the appeal, land owner and included any entity finding that the construction fence that had control over the land or required a valid permit for as long as 604 Manhattan Avenue in Greenpoint, Brook- improvements thereon. Buildings it remained standing. Although the lyn. Photo: CityLand. proved that Regional, as the permit construction site was inactive, the holder, had initial control over the officer observed a partially complet- from October 2006 and May 2008, hoist, which was part of the premis- ed hole in the ground during the showing there had been minimal es. Furthermore, since Regional was inspection, and the Board pointed movement of the building over that still responsible for hoist alterations, out that fence served to protect per- time. The ALJ upheld the violations, cleaning, dismantling, and removal, sons and property affected by the finding that the owner had failed to it had retained enough control over construction work. establish that it was monitoring the the hoist to be considered a properly building’s stability when the NOVs NYC v. Kharran, ECB Appeal No. 900214 named party on the NOV. CITYADMIN were issued. (Oct. 29, 2009). The Environmental Control NYC v. Regional Scaffolding and Hoist- Board reversed the ALJ, ruling the ing Co., Inc., ECB Appeal No. 0900082 ADMINISTRATIVE DECISIONS owner had demonstrated that it was (Aug. 13, 2009). CITYADMIN monitoring the premises as recom- Environmental Control Board mended by its engineers. The Board ADMINISTRATIVE DECISIONS Greenpoint, Brooklyn pointed out that an engineer’s inspection report from December Environmental Control Board NOVs for unstable 2006 recommended “bi-annual” building dismissed Citywide inspections, and noted the ALJ Board found that owner had been incorrectly concluded that bi-annu- Construction fence violation al meant twice per year rather than upheld for inactive site properly monitoring the building. In March 2008, two Buildings officers once every two years. It explained Owner of stalled construction site had issued separate notices of violation that after the December 2006 inspec- an expired construction fence permit. to the owner of 604 Manhattan tion another one was not needed A Buildings officer inspected a con- Avenue in Greenpoint, Brooklyn for until December 2008. Noting that struction site owned by Honawatie failing to maintain the premises in a there had been no significant recent Kharran after receiving a complaint safe condition. The first NOV noted movement of the building, the Board about a broken construction fence. that the building was leaning one- found there was no reason to inspect Although no one was working at the half to one inch to the south, and a the building more frequently than site, the construction fence had an second NOV issued twelve days later recommended. expired permit posted on it. The offi- noted that the building was leaning NYC v. 604 Manhattan Avenue LLC, cer issued Kharran a notice of viola- fourteen inches to the south. ECB Appeal Nos. 0900189 & 0900295 tion for working without a permit, a At a hearing before an ALJ, the (Oct. 29, 2009). CITYADMIN violation of the Administrative Code. owner said it was aware of the prob- At a hearing, Kharran’s contrac- lem and had been monitoring the VISIT CITYADMIN ONLINE tor said no work had been performed condition. The owner presented CITYADMIN indicates that this decision since Buildings revoked the site’s engineers’ reports and surveys dat- and other agency decisions are available at building permit three months prior ing back to 2005, including surveys www.citylaw.org

174 Volume 6 CITYLAND December 2009 ECB Appeal No. 48053 (Sept. 24, 2009). decision to use eminent domain for ADMINISTRATIVE DECISIONS CITYADMIN Columbia’s benefit violated the fed- eral and State constitutions. ESDC Environmental Control Board could not exercise its eminent Citywide COURT DECISIONS domain power unless the project had a public use, benefit, or purpose. Demolition contractor Empire State Development Corporation fined $3,400 Despite ESDC’s claim that the proj- West Harlem, Manhattan ect would serve the public purpose Contractor left job but work contin- Court upsets Columbia’s of alleviating blight, the First Depart- ued under its expired permit. An offi- eminent domain option ment found that nothing in the cer from Buildings issued B & A record supported that determina- Demolition & Removal notices of Property owners challenge ESDC’s tion, especially since each blight violation for engaging in demolition authority to use eminent domain on study relied upon by ESDC failed to work with an expired permit, failing behalf of Columbia. Looking to take into account factors such as real to safeguard the public and property expand in West Harlem, Columbia estate values and rental demand. affected by demolition operations, University teamed up with the City’s The court further found that the use failing to post a required Depart- Economic Development Corpora- of eminent domain would allow ment of Transportation permit, and tion in 2001 to redevelop the area. Columbia to develop Manhat- failing to provide adequate house- Not long after, EDC issued a West tanville for its own private benefit, keeping during demolition opera- Harlem Master Plan. The plan stated and would not benefit the commu- tions. At a hearing, B & A claimed that that West Harlem could be redevel- nity in any meaningful way. it had been fired from the job prior to oped through rezoning, and did not the inspection date, and speculated mention any blighted conditions in Kaur v. New York State Urban Dev. Corp., 2009 N.Y. Slip Op. 08976 (1st that the workers observed by the offi- Manhattanville. Columbia began cer were new contractors. Buildings Dep’t Dec. 3, 2009) (Attorneys: David L. purchasing property in the area in Smith, Steven J. Hyman, for property countered that it was undisputed 2002 for its own redevelopment and owners; John R. Casolaro, Joseph M. that demolition work occurred after expansion plan. The seventeen-acre Ryan, Susan B. Kalib, for ESDC). B & A’s permit had expired, and that project site, bounded by West 133rd B & A allowed the permit to expire Street on the north, West 125th Street without telling Buildings that it was on the south, Broadway and Old COURT DECISIONS withdrawing from the job. Broadway on the east, and Twelfth An ALJ dismissed the violations, Avenue on the west, would include BSA ruling that B & A was not on the job sixteen new buildings, and a con- New Dorp, Staten Island on the inspection date. Although the tiguous below-grade support facility. High Court voids variance ALJ found that B & A had failed to Two years after the purchasing adhere to Buildings’ policy requiring began, Columbia met with the Court of Appeals ruled BSA abused written notification of withdrawal Empire State Development Corpora- discretion in granting variance. GAC from a job, the ALJ ruled that such tion and EDC to discuss Columbia’s Catering Inc. purchased a single- failure did not cause a violation. plan and the condemnation of land. family home at the intersection of Buildings appealed, claiming that Subsequently, EDC issued a study Otis Avenue and Hylan Boulevard in B & A failed to prove it was not in concluding the area was blighted. Staten Island across the street from charge of demolition work on the ESDC retained Columbia’s consult- its catering business. GAC demol- date of inspection, and that B & A ant, who also found the area suffered ished the house and applied to the was required to submit a notice from blight. ESDC later commis- BSA for a use variance to build a two- of withdrawal. sioned a second blight study with a story commercial photography stu- The Environmental Control consultant without ties to Columbia. dio to be used in conjunction with Board reversed the ALJ on all four The study also found blighted condi- GAC’s catering hall. GAC claimed violations and issued a penalty tions throughout the area. Seven that commercial uses predominated of $3,400. The Board ruled that even months after the second study, the area, and that it was unable to sell if B & A were not the contractor at the ESDC authorized the acquisition of or lease the property as a residence job site on the inspection date, B & A certain property through eminent due to heavy traffic on Hylan Boule- was responsible for any work cov- domain, and several affected prop- vard. GAC submitted an economic ered by the permit until it notified erty owners filed petitions challeng- feasibility study demonstrating that Buildings of its withdrawal or until ing the determination. a development in conformity with the job was complete. The First Department granted the lot’s R3-2 zoning would not yield NYC v. B & A Demolition & Removal, the petitions, ruling that ESDC’s a reasonable rate of return.

December 2009 Volume 6 CITYLAND 175 CITYLAND PROFILES Daniel R. Garodnick on serving the City and his district ouncil Member member. He understands that land use First Department’s ruling that Tishman CDaniel R. Garo- issues are often controversial and emotion- Speyer illegally deregulated apartments dnick, the recently al, and he does what it takes to ensure that while receiving tax benefits under another re-elected represen- everyone has the opportunity to be heard. City program. Garodnick believes the ruling Garodnick likes to focus on the details will lead to the re-regulation of 4,000 tative for Manhat- when considering land use issues. When deregulated units, rent rollbacks, and com- tan’s 4th District and reviewing a UDAAP proposal he wants to pensation for overcharges. chair of the Sub- know whether there was a transparent Stalled development sites. The City committee on Planning, Dispositions & planning process, whether it will provide Council recently passed legislation Concessions, takes pride in being born homeownership or rental opportunities, and authored by Garodnick to improve safety at and raised in the district he represents. who will be entitled to the new housing. stalled construction sites. The legislation Garodnick grew up in a rent-stabilized Community advocacy. In 2007, Solow allows developers to temporarily keep their apartment in the Stuyvesant Town/Peter Properties proposed a $4 billion develop- building permits as long as they keep their Cooper Village community and still lives in ment on a former Con Edison site along the sites safe and secure, pay outstanding that neighborhood with his wife. His dis- East River. Garodnick both chaired the fines, and correct outstanding violations. trict also includes parts of the Upper East plan’s public hearing and represented his Garodnick disagrees with criticisms Side, Midtown, and Murray Hill. community, which was “absolutely that the new law rewards developers for After graduating from the University of opposed” to the project. He engaged in a doing what they already should. He Pennsylvania Law School, Garodnick worked as a litigator at Paul, Weiss, Rifkind, long process of negotiations in order to bal- believes the law creates an important Wharton & Garrison LLP. He also served as ance the needs of his community with incentive for developers to promptly self- a public member of Manhattan Community allowing a major real estate project with disclose when they cannot move forward Board 6, where he gained a deeper under- citywide implications to proceed. Ultimate- and allows the City to “put its hooks in” and standing of local issues and their effect on ly, the developer agreed to provide afford- demand additional safety protocols. Other- residents. When a City Council vacancy able housing, a public school, four acres of wise, a stalled construction site might arose in 2005, Garodnick ran as the Demo- open space, and buildings designed to remain inactive for a year before the City cratic Party’s candidate and won 63 per- avoid casting shadows on local parks. takes any action. According to Garodnick, cent of the vote in the general election. According to Garodnick, his commit- the program is the “right carrot” to ensure Role as a mediator. Garodnick has ment to affordable housing is best exempli- that the City is not dealing with site safety served as chair of the Subcommittee on fied by his leadership in a $4.5 billion ten- issues on a complaint-by-complaint basis. Planning, Dispositions & Concessions since ant-backed bid to purchase Stuyvesant The next four years. Garodnick said he took office in January 2006. His subcom- Town/Peter Cooper Village. Although the the goals of his next term include creating mittee reviews a variety of issues, including tenants’ bid lost out to Tishman Speyer’s more affordable housing for those in the Urban Development Action Area Projects, $5.4 billion offer, Garodnick believes the middle-income spectrum, preserving the dispositions of City-owned properties, com- experience demonstrates what a local affordability of Stuyvesant Town/Peter munity 197-a plans, and concessions.A few elected official can achieve with some Cooper Village, creating contiguous East of the more controversial hearings that he creativity and willingness to work with the Side waterfront access, tackling issues has presided over include the new Yankee private sector. arising from the construction of the Second Stadium project, the Willets Point Redevel- When Tishman Speyer attempted to Avenue Subway, and dealing with the over- opment Plan, and the recently modified deny lease renewals to tenants it believed crowding of public schools. Most signifi- Broadway Triangle rezoning proposal. illegally possessed rent-stabilized apart- cantly, Garodnick’s goal is to be “a con- As the subcommittee chair, Garodnick ments, Garodnick set up clinics and a free structive player” and “try to find pragmatic believes it is his responsibility to mediate hotline so residents could speak confiden- solutions” when unforeseen land use any conflicts that arise between the City or tially with a tenant-friendly lawyer. In Octo- issues arise. a private developer and the local council ber 2009, the Court of Appeals upheld the — Matthew Windman

BSA granted the variance, and a nothing in the record to support unreasonableness of the current neighbor filed an Article 78 petition BSA’s determination that GAC’s lot zoning, it did not prove the unique- challenging BSA’s determination. A was unique in comparison to simi- ness of GAC’s lot. The City appealed. lower court ruled that GAC’s hard- larly sized, residentially developed In a three-two decision the Sec- ship was self-created based on its adjacent lots. The court added that ond Department reversed the lower prior knowledge of the lot’s zoning while the area’s mix of commercial court, ruling that BSA’s determina- and annulled the variance. It found and residential uses may indicate the tion had a rational basis. Noting that

176 Volume 6 CITYLAND December 2009 BSA determined that some similarly and Realty Association, an organiza- court could not grant an injunction situated properties in the area had tion of local businesses, sued the forcing the City to construct and unique physical conditions that City. The Association argued that the maintain infrastructure in Willets would make conforming uses City violated its equal protection Point. The Association had waited 40 impractical, the appellate division rights by choosing not to provide years before filing a lawsuit to stop found that there was no substantial services and infrastructure in Willets the City from allegedly depriving the difference between GAC’s lot and Point over the last 40 years. The Asso- neighborhood of vital infrastructure. those properties. 5 CityLand 160 ciation claimed that this decision The court concluded that there was (Nov. 15, 2008). was an attempt to reduce property no reasonable excuse for the delay. The neighbor appealed, and the values so that the City could more Court of Appeals rejected the Second easily justify the use of eminent Willets Point Industry and Realty Assoc. v. City of New York, 2009 U.S. Dist. Lexis Department’s ruling in a unanimous domain and could acquire proper- 110181 (E.D.N.Y. Nov. 25, 2009) (Kor- decision. The Court ruled that BSA’s ties for lower prices. The 2008 devel- man, J.) (Attorneys: Michael B. Gerrard, determination was an abuse of dis- opment plan, according to the Asso- for Association; Michael A. Cardozo, cretion and that the conditions relied ciation, was the City’s latest attempt Chris Reo, Daniel Greene, Amanda upon by BSA did not establish the to reduce property values. Goad, for NYC). property’s uniqueness. Proof of District Court Judge Edward R. uniqueness must be peculiar to the Korman dismissed the Association’s particular lot, rather than common lawsuit. Judge Korman ruled that the COURT DECISIONS to the neighborhood as a whole. The Association’s equal protection claim Court noted the fact that GAC’s resi- had no merit because the City had a City of New York dentially-zoned corner lot is situated rational basis for not spending Bushwick, Brooklyn on a heavily trafficked street in a pre- money or other resources in Willets Trade fixtures claims denied dominantly commercial area did Point until a comprehensive redevel- not establish uniqueness because opment plan was finalized. The Owners sought compensation for fix- nearby residential properties share unique conditions of Willets Point, tures that were inconsistent with similar conditions. including an oddly designed street highest and best use of properties.The In the Matter of Edward J.Vomero v. City system and unusual soil composi- City acquired two parcels of land for of New York, 2009 N.Y. Slip Op. 08476 tion, led City officials to conclude its West Bushwick Urban Renewal (N.Y. Nov. 19, 2009) (Attorneys: Samuel that greater investment in the area project in Brooklyn. Each property L. Scollar, for Vomero; Michael A. Car- could not be rationally justified owner sought compensation for dozo, Edward F.X. Hart, Tahirih M. unless the area was redeveloped for trade fixtures, which primarily con- Sadrieh, for NYC). non-industrial uses. sisted of fencing, gating, paving, curb Judge Korman also ruled that cuts, and a sidewalk for a parking lot. COURT DECISIONS even if the Association’s complaint The City offered the owners an had stated a cause of action, the advance payment for the trade fix- City of New York tures, but noted that Willets Point, Queens if the land Willets Point group denied were to be equal protection claim developed to its high- City chose not to heavily invest in Wil- lets Point infrastructure. In Novem- est and ber 2008, the City Council approved best use, a $3 billion development plan for the trade Willets Point, an industrial neighbor- fixtures hood in northern Queens. When would implemented, the plan would trans- have to be form the low-end commercial area removed. into a mixed-use community with The own- residential, retail, hotel, and enter- ers agreed tainment uses. Under the plan, the with the City could utilize eminent domain to City that acquire property needed for devel- the highest opment. The Willets Point Industry Willets Point Boulevard, near 38th Avenue, in Queens. Photo: CityLand. and best

December 2009 Volume 6 CITYLAND 177 use of the properties was mixed value the trade fixtures and land as if best use of the property. The court commercial and residential use, they were a single unit, and that the explained that fixtures and land and that such development trade fixtures were compensable so were valued separately in cases would require the removal of the long as they were used in connection where the fixtures are consistent trade fixtures. with a business, intended to be per- with the highest and best use, the The City moved to dismiss each manent, and would lose substantial property is a specialty, or the land- of the owners’ claims for compensa- value if removed. The lower court lord owns the real property and a tion for the trade fixtures, arguing granted the City’s motions, and the tenant owns the fixtures. that it would not make sense to com- owners appealed. West Bushwick Urban Renewal Area, pensate the owners for trade fixtures The Second Department Phase 2, 2009 N.Y. Slip Op. 7649 (2d that would have to be destroyed in affirmed, ruling that compensation Dep’t Oct. 20, 2009) (Attorneys: order to develop the property to its for an improvement was not appro- Jonathan Houghton, for owners; highest and best use. The owners priate when the improvement is Michael A. Cardozo, Lisa Bova-Hiatt, countered that the City was wrong to inconsistent with the highest and Fred Kolikoff, Brooke Zacker, for NYC).

New Decisions Added to CITYADMIN www.citylaw.org – November 2009*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 2223 , BK UDAAP by HPD (1 lot) 10/14/2009 † 2224 Briarwood Plaza Rezoning, QN Rezoning (C2-2 in R4) 10/14/2009 2225 106 Kenmare St., MN Revocable consent (sidewalk cafe) 10/14/2009 2226 119 Macdougal St., MN Revocable consent (sidewalk cafe) 10/14/2009 2227 46 E. 129th St., MN UDAAP by HPD (1 lot) 10/14/2009 2228 College Pt. Corp. Pk., QN Disposition of City property 10/14/2009 2229 Excelsior Residence, QN Rezoning (R3-2 to R6A) 10/14/2009 † 2230–31 On the Sound on Rezoning (M1-1 to R3A); special 10/14/2009 City Island, BX permit (ht. & setback regs.) 2232 246 Eleventh Ave., MN Zoning text amendment 10/14/2009 2233 St. George’s Church., MN Landmark designation 10/14/2009 2234 Grammar School No. 9, MN Landmark designation 10/14/2009 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE 15 William St. Garage Zoning text amend. (curb cut prohibitions); MN 1 N090293ZRM; 11/2/2009 special permit (195-space garage) C090294ZSM Ridgewood North HD Landmark district designation QN 5 N100104HKQ 11/4/2009 411 Westervelt Ave Landmark designation SI 1 N100105HKR 11/4/2009 413 Westervelt Ave Landmark designation SI 1 N100106HKR 11/4/2009 415 Westervelt Ave. Landmark designation SI 1 N100107HKR 11/4/2009 417 Westervelt Ave. Landmark designation SI 1 N100109HKR 11/4/2009 Delury Square Park Zoning text amend. (use & bulk regs.) MN 1 N090509ZRM 11/18/2009 2148 Broadway Garage Special permit (194-space garage) MN 7 C090478ZSM 11/18/2009 † Sunset Park 197-a Plan 197-a plan adoption BK 7 N080396NPK 11/18/2009 Hopkinson/Park Place UDAAP by HPD (25 units) BK 16 C100067HAK 11/18/2009 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 150 Mercer St., MN Permit phys. cult. est. (Haven Day Spa) App’d 54-09-BZ Juan D. Reyes III 27 Great Jones St., MN Ext. of term (Great Jones Spa) App’d 193-97-BZ Fredrick A. Becker 120 St. Marks Pl., MN Appeal order of closure (vet use) W/D 178-09-A Marvin B. Mitzner 24 E. 13th St., MN Leg. phys. cult. est. (NY Health & Racquet) App’d 226-09-BZ Mitchell S. Ross 143 W. 19th St., MN Permit P.C.E.(Personal Training Institute) App’d 198-09-BZ Eric Palatnik PC 29 W. 26th St., MN Ext. time to compl. const., obtain C of O App’d 1259-79-BZ Sheldon Lobel PC 151 W. 28th St., MN Ext. time to complete 9-story bldg. App’d 19-05-BZ Slater & Beckerman 1095 Sixth Ave., MN Amend variance (relocate Metlife sign) App’d 613-74-BZ Greenberg Traurig 243 E. 59th St., MN Ext. of term (illuminated sign) App’d 590-76-BZ Joseph P.Morsellino 360 E. 72nd St., MN Ext. of term (transient parking) App’d 684-64-BZ George E. Berger *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

178 Volume 6 CITYLAND December 2009 New Decisions Added to CITYADMIN www.citylaw.org – November 2009*

BOARD OF STANDARDS & APPEALS (CONT.) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 344 Amsterdam Ave., MN Enlarge phys. cult. est. App’d 272-07-BZ Wachtel & Masyr 434 E. 77th St., MN Ext. of term (parking, auto repair) App’d 16-95-BZ Akerman Senterfitt 1400 Fifth Ave., MN Leg. phys. cult. est. (NY Sports Club) App’d 183-09-BZ Fredrick A. Becker 1775 G. Concourse, BX Amend spec. perm. (change use) W/D 321-63-BZ Slater & Beckerman 1016 E. 13th St., BK Ext. time to compl. minor development W/D 140-08-BZY Eric Palatnik PC 111 Union St., BK Leg. phys. cult. est. (Elite Fitness) App’d 73-06-BZ Eric Palatnik PC 3496 Bedford Ave., BK Enlg. 1-fam. dwell. (open space, fl. area) App’d 297-08-BZ Lewis E. Garfinkel 2032 E. 17th St., BK Legalize 1-fam. dwelling enlargement W/D 51-09-BZ Eric Palatnik PC 3950 Bedford Ave., BK Legalize, enlarge 1-fam. dwelling App’d 37-09-BZ Fredrick A. Becker 847 Kent Ave., BK Const. 4-story residence (use) App’d 220-07-BZ Moshe M. Friedman 1775 Flatbush Ave., BK Mod. C of O (req’d sprinkler system) App’d 232-09-A FDNY 144 N. 8th St., BK Extend time to complete construction App’d 147-07-BZY Cozen O’Connor 2557 Linden Blvd., BK Ext. of term (auto repair) App’d 395-60-BZ Sheldon Lobel PC 597 Marcy Ave., BK Ext. of term (welding shop) App’d 172-96-BZ Mitchell S. Ross 518 Browns Blvd., QN Reconst., enlg. dwelling in mapped st. App’d 197-09-A Paul Russo 130-15 89th Rd., QN 2-story enlgmt. to drug treatment fac. App’d 210-08-BZ Sheldon Lobel PC 91-12 175th St., QN Ext. time to compl. minor development App’d 233-09-BZY Sheldon Lobel PC 84-12 164th St., QN Ext. of term (auto repair) App’d 194-97-BZ Sheldon Lobel PC 42-02 Queens Blvd., QN Ext. time to obtain C of O (Mobil station) App’d 191-53-BZ Walter T. Gorman 116-33 Queens Blvd., QN Legalize eating & drinking est. App’d 63-08-BZ Eric Palatnik PC 51 W. Market St., QN Reconst., enlg. dwelling in mapped st. App’d 216-09-A Gary D. Lenhart 147-08 46th Ave., QN Ext. time to const. 2-fam. dwelling App’d 3-04-BZ Eric Palatnik PC 31-07 Downing St., QN Ext. of term (Smile Arcade) App’d 1038-80-BZ Davidoff Malito 92-16 95th Ave., QN Reinstate use change (wholesale to retail) App’d 215-09-BZ Fredrick A. Becker 130 Adelaide Ave., SI Const. 1-fam. dwelling (fl. area, yards, parking) App’d 249-08-BZ Rothkrug Rothkrug 6736 Hylan Blvd., SI Permit 80-ft. radio tower App’d 56-09-BZ Omnipoint Comms. 85 Woodland Ave., SI Const. 1-fam. dwelling in mapped st. bed App’d 159-09-A Rothkrug Rothkrug LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D ISSUED CERTIFICATE OF APPROPRIATENESS , MN James S. White Bldg. Repl. facade above ground floor 10-3858 Yes 10/26/2009 1201 Lafayette Ave., BX American Bank Note Co. Inst. walls, pavement, parking stackers 10-4501 Yes 11/16/2009 84 Wooster St., MN SoHo-Cast Iron HD Replace entrance, inst. stair 10-4453 Yes 11/13/2009 155 Wooster St., MN SoHo-Cast Iron HD Const. penthouse add., raise parapet 10-3970 Yes 10/28/2009 456 Hudson St., MN Greenwich Village HD Remove infill, combine storefronts 10-4472 Yes 11/13/2009 208 W. 11th St., MN Greenwich Village HD Install painted wall sign 10-4577 Yes 11/17/2009 335 W. 12th St., MN Greenwich Village HD Demo. garage, const. 4-story bldg. 10-4254 Yes 11/5/2009 746 Madison Ave., MN Upper East Side HD Demo. bldg., const. 5-story bldg. 10-3979 Yes 10/28/2009 872 Lexington Ave., MN Upper East Side HD Replace illegal infill 10-3921 Yes 11/2/2009 21 E. 67th St., MN Upper East Side HD Const. rooftop, rear yd. additions 10-4233 Yes 11/5/2009 123 W. 69th St., MN Upper West Side/CPW HD Alter stoop 10-4185 Yes 11/5/2009 59 W. 71st St., MN Upper West Side/CPW HD Enlarge penthouse 10-3899 Yes 10/27/2009 102 W. 75th St., MN Upper West Side/CPW HD Replace windows 10-3993 Yes 10/28/2009 980 Madison Ave., MN Upper East Side HD Replace windows, restore storefronts 10-3878 Yes 10/26/2009 1211 Park Ave., MN Carnegie Hill HD Const. 1-story rooftop addition 10-4613 Yes 11/18/2009 4919 Goodridge Ave., BX Fieldston HD Enclose porch 10-3862 Yes 10/26/2009 138 Columbia Hts., BK Brooklyn Heights HD Inst. metal deck at rear 10-4020 Yes 10/29/2009 118 8th Ave., BK Park Slope HD Install casement windows 10-3807 Yes 10/27/2009 141 Argyle Rd., BK Prospect Park South HD Create curb cut, inst. driveway 10-4002 Yes 10/28/2009 215 Hollywood Ave., QN Douglaston HD Install portico, const. shed 10-4006 Yes 10/29/2009 21 Beverly Rd., QN Douglaston HD Replace windows 10-4067 Yes 10/29/2009 460 Brielle Ave., SI NYC Farm Colony HD Replace windows 10-4014 Yes 10/29/2009 *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

December 2009 Volume 6 CITYLAND 179 The Center for New York City Law 47 Worth Street New York NY 10013-2960

Landmarks considers proposed rooftop addition and renovations to four row- houses at 21 – 27 Ninth Ave. in Manhattan. See story on page 172. Photo: CityLand.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS CITY LAW BREAKFAST SERIES Friday, February 5, 2010 Congressman Michael E. McMahon U.S. Representative for the 13th Congressional District of New York New York Law School Class of 1985

Breakfasts begin at 8:15 a.m. at New York Law School, 185 W. Broadway, 2nd Fl. Events Center, New York, New York There is no charge for the City Law Breakfast Series. For updates on future speakers, and webcasts of past speakers, please visit our website at www.citylaw.org

CITYADMIN Information on CITYADMIN is provided free with support from: Decisions on www.citylaw.org AGENCY NUMBER OF YEARS Manatt, Phelps & Phillips LLP NAME DECISIONS AVAILABLE Speaker Christine Quinn, New York City Council BSA 3,156 2002-Present Weil, Gotshal & Manges LLP Council 1,084 2003-2005 Gibson, Dunn & Crutcher LLP CPC 1,579 2003-Present Kramer, Levin, Naftalis & DOB 68 1999-Present Frankel LLP Landmarks 2,205 2002-Present Fried, Frank, Harris, Shriver & Loft Board 2,795 1996-Present Jacobson LLP