CITYLAND

NOVEMBER 15, 2006 center for law VOLUME 3, NUMBER 10

Highlights

CITY COUNCIL Stapleton Homeport ...... 149 CITY PLANNING COMMISSION Rendering of the high-rise residential Prince’s Bay, SI rezoning ...... 151 tower proposed at Platform and hotels approved .152 980 Madison Avenue in the Upper East BOARD OF STANDARDS & APPEALS Side Historic District. fuel controversy ...... 153 Story page 159. Image: LPC. Variance for BX youth housing .154 QN vested rights denied ...... 155 Columbia science building . . . .155 College Point use variance . . . . .156 SI sewer costs justify variance . .157 LANDMARKS UWS landmarking debate . . . . .157 9,000 sq.ft. Tribeca home ...... 158 CITY COUNCIL a plan for the ’s redevelopment. Woolworth addition app’d . . . . .158 The Task Force envisioned a water- Hearing for Upper East tower . .159 Rezoning front esplanade running the length of the site and a mix of uses, includ- Stapleton, Staten Island DEPARTMENT OF BUILDINGS ing residential units, ground-floor Stapleton Homeport redevel- retail, a sports complex, farmers Hearing on profess. cert. rules . .159 opment plan approved market and a large economic gener- ECONOMIC DEVELOPMENT CORP. ator, such as a movie studio or office Site includes former United States complex. The final proposal includ- Bids on Harlem development . .159 Navy base. On October 25, 2006, ed the 35-acre Homeport site the City Council approved the com- COURT DECISIONS and 18 mostly privately-owned lots prehensive redevelopment plan west of Front Street, the city street Bklyn Sanitation garage OK’ed .160 for Staten Island’s Homeport, the forming the edge of Stapleton. SI takings case dismissed ...... 160 35-acre former United States Navy The rezoning altered the site’s base located in Stapleton and manufacturing zoning to commer- CITYLAND PROFILES owned by the City since 1995. cial zoning (M2-1 and M3-1 to C4-2) Karnovsky ...... 161 City Planning and the New and created the Special Stapleton York City Economic Development Waterfront District overlay to make CHARTS Corporation proposed five linked the new zoning fit the unique con- DCP Pipeline ...... 152 applications, including zoning map text of the area. The special district and text amendments, to achieve ULURP Pipeine ...... 153 contains eight sub-areas – the the plan recommended by Mayor esplanade, public space and six BSA Pipeline ...... 154 Bloomberg’s Task Force on Home- development parcels – that lower Landmarks Actions ...... 156 port Redevelopment, a group of the maximum building height Landmarks Pipeline ...... 158 elected officials, community repre- allowed in the zone to 50 feet, except Citylaw.org New Decisions . . .162-3 sentatives, business owners, and in one sub-area where 60 feet will residents formed in 2003 to develop be allowed to (cont’d on page 151)

November 15, 2006 Volume 3 CITYLAND 149 COMMENTARY

Former West Side Stables and Proposed East Side Tower Spawn Controversy Making delicate decisions in the face of strong public sentiment is the lot of the Landmarks Preservation Commission. Current examples, now before the Landmarks Commission, are three controversies reported in this issue of CityLand, two on the West Side and one on the East Side. The first involves whether to landmark the Dakota Stables at 348 Amsterdam Avenue, an 1894 building that began as a high-rise horse stable and was later converted into a car garage. The owner has in his pocket a permit from Buildings to remove the facade, and a future plan with the Related Companies to construct an apartment complex designed by Robert A.M. Stern. The issue is complicated, or perhaps made easier, by the parallel consideration of the New York Cab Company Stable located at 75th Street and Amsterdam Avenue, an 1890 Romanesque Revival stable also converted into a car garage. At designation hearings on both, voices raised both for and against. Zoning allows substantial new structures on both sites, but many in the community pre- fer the low buildings with their redolent history and neighborly feel. Across town, the gloves have come off on whether to allow a Norman Foster-designed 26-story residential structure to be built atop the Parke-Bernet building at 980 Madison Avenue opposite the Carlyle Hotel, a site within the Upper East Side Historic District. The Commission must decide whether Norman Foster’s 26-story addition would be appropriate. For some in New York, the sky’s the limit. For others, the skyline should remain quite a bit lower. The Com- mission’s charge is to define the skyline, site by site. A building may be said to contribute to a historic district, while a new structure may be judged not to belong at that place. The AIA Guide called the Parke-Bernet build- ing “an insipid box unrelated to any cultural values.” Opponents have defended the low building as appropri- ate in height, and attacked the proposed 26-story tower as an unwanted revolution. There is little middle ground in these viewpoints. The members of the Landmarks Commission will choose. It will not be easy. Ross Sandler CITYLAND

Ross Sandler Wessel Graphics Caitlin Hannon Executive Editor and Director, Design Director Subscription Center for New York City Law Coordinator The Center expresses appreciation to the individu- Kevin Schultz ’05 Melanie Cash ’02 als and foundations supporting the Center and its Morgan Kunz ’06 Emilia Keric ’09 Associate Director work: The Steven and Sheila Aresty Foundation, Fellows in New York City Law Shane M. Tattan ’08 Managing Editor Caitlin J. Walsh ’08 The Robert Sterling Clark Foundation, The Horace Molly Brennan Jesse Denno Research Assistants W. Goldsmith Foundation, The Murray Goodgold Editor, CityLand Publication Prod. Assistant Foundation, Jerry Gottesman, The Marc Haas CITYLAND ADVISORY BOARD Foundations, The Prospect Hill Foundation, and The Revson Foundation. Kent Barwick Howard Goldman Carol E. Rosenthal CITYLAN D Andrew Berman David Karnovsky Michael T. Sillerman (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 Frank Munger York Law School, 57 Worth St., New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL e-mail: [email protected], website: www.city- law.org © Center for New York City Law, 2006. All Stanley S. Shuman, Michael D. Hess Norman Redlich rights reserved. Printed on recycled paper. Maps CITYLAND Chair Lawrence S. Huntington ’64 Joseph B. Rose presented in are from Map-PLUTO Arthur N. Abbey ’59 William F. Kuntz II Ernst H. Rosenberger ’58 copyrighted by the New York City Department of Harold Baer, Jr. City Planning. City Landmarks and Historic Dis- Eric Lane Rose Luttan Rubin David R. Baker tricts printed with permission of New York City Randy M. Mastro Frederick P. Schaffer Anthony Coles Landmarks Preservation Commission. Richard Matasar Edward N. Costikyan Frederick A.O. Schwarz, Jr. Robert J. McGuire O. Peter Sherwood POSTMASTER: Send address changes to Paul A. Crotty CITYLAND Richard J. Davis Francis McArdle Edward Wallace , 57 , New York, New York Michael B. Gerrard John D. McMahon ’76 Richard M. Weinberg 10013-2960. Periodicals postage paid at New York, Judah Gribetz Thomas L. McMahon ’83 Peter L. Zimroth New York. Kathleen Grimm ’80 Gary P. Naftalis James D. Zirin Eric Hatzimemos ’92 Steven M. Polan

150 Volume 3 CITYLAND November 15, 2006 for proposals, and deliver the sites sending it to the full Council, which vacant to developers. unanimously approved. At the City Council’s Zoning & ULURP Process: Residential Franchises Subcommittee, EDC Lead Agency: Dep’t Mayor Econ. Dev., EIS representatives explained that they Esplanade Comm. Bd.: SI 1, App’d, 21-1-1 hope to issue RFPs for large parts of Banquet Hall & Restaurant Boro. President: App’d the project in early 2007 and to CPC: App’d, 12-0-0 Pier Place break ground later that year. Coun-

Sports Complex cil Member Michael McMahon, Council: Stapleton Waterfront Develop- representing the district where the ment (C 060293 MMR – City map

Residential, Retail, project is located, supported the change); (N 060468 ZRR – text amend- Farmers Market plan. He commented that the area ment); (C 060469 PPR – disposition of The Cove desperately needed revitalization. property); (C 060470 PRR – disposition Economic Use The subcommittee and the full of property); (N 060471 ZMR – map Land Use Committee approved, amendment) (Oct. 25, 2006). CITYADMIN Residential

CITY PLANNING COMMISSION

Rezoning The future of the Stapleton Homeport. Image Lanza withdrew his original rezon- used with permission of the NYC EDC and Prince’s Bay, Staten Island ing application in 2005 when oppo- the NYC IDA. All rights reserved. sition called it too restrictive and © New York City Economic Development Corporation and the New York City Industrial Development Agency. City Industrial Development All rights reserved. York © Corporation and the New City Economic Development York New City Planning action affects 1,000 acres in Staten island claimed it would interfere with accommodate a proposed sports a potential senior housing develop- complex. The maximum base height Council Member Lanza and City ment on the Mt. Loretto site, a was limited to 35 to 40 feet, with a Planning push forward Prince’s large tract of land owned by the decreased total floor area (from a 3.0 Bay down-zoning. On October 11, Archdiocese of New York. to 2.0 FAR) to match the reduced 2006, the Planning Commission A majority of the 172-acre area height restrictions. Non-residential approved a proposal to down-zone to be down-zoned retains the origi- ground floor space will not count an 172-acre portion of Prince’s Bay, nal 1961 R3-2 zoning, which allows toward the floor area limit. Staten Island and to adopt text multi-family buildings as well as The plan includes mandatory amendments to restrict future detached and semi-detached building locations aimed at creating development on an additional 830 homes. The new proposal seeks to a uniform streetscape along Front acres. Council Member Andrew restrict future development to one- Street to match the characteristics of the Stapleton town center just west of the project area. Along , Water Street and Prospect Street between the Staten Island Rapid Transit right-of-way and Front Street, the zoning pro- hibits ground floor residential uses in order to foster pedestrian activity and create a link between the town center and the new waterfront development. The mandatory building locations also frame the Cove, a public open space near the intersection of Canal and Water Streets, and Pier Place, a public open space near the intersection of Front, Wave, and Baltic Streets. To implement the plan, the City will transfer sites to the EDC, which intends to demolish the Prince’s Bay Rezoning locator map used with permission of the New York City Department of City Planning. All rights reserved. existing structures, issue requests

November 15, 2006 Volume 3 CITYLAND 151 and two-family detached homes on trict to cover Mt. Loretto. The large and allow potential future develop- 40-foot lots (R3X). The second zon- lot district would increase the ment of Mt. Loretto with senior ing change would impact the 22- required lot size from the current housing. Addressing the claim that acre former Camp St. Edwards site, 3,800 sq.ft. to 5,700 sq.ft. The Mt. the proposal would preclude afford- currently under development. The Loretto district would permit up able housing, Lanza told the Com- proposal would match the current to 250 units of senior housing mission that Staten Island develop- construction, changing the zoning with approval by the Planning ers were not interested in affordable to limit development to single-fam- Commission chair. housing and had not built one unit. ily homes with a minimum of 5,700- Council Member Lanza testi- A local developer, speaking in square-foot lots (R3X to R1-2). fied at the Commission’s hearing. support, explained that he had The plan also calls for the cre- He requested support of what he applications pending at City Plan- ation of two special districts: a large called a well-crafted compromise to ning that he had already revised to lot district and a senior housing dis- stop out-of-character development match an earlier rezoning. The developer asked that his property, CITY PLANNING PIPELINE along Drumgoole Road and Minturn and Bradford Avenues, be carved out New Applications Filed with DCP – October 1 – 31, 2006 of the large lot requirement. The Commission approved APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE after modifying the proposal to ZONING TEXT AND MAP AMENDMENTS carve out the developer’s project Phipps House 444 2nd Ave., MN Rezone (2 resid. bldgs.) 070137ZMM Slater & Beckerman site. The Commission noted that Hospital for Special 535 E. 70th St., MN Text change for area above FDR; 070145ZRM; Stadtmauer Bailkin the large lot proposal matched the Surgery Enlarge bldg. (East Wing); 070146CMM; Const. new building (New River 070168CMM; area’s character, the down-zoning Building); Special permit (East Wing) 070169CMM; would limit oversized development 070170CMM; 070171ZSM and, overall, the plan would allow appropriate new development. Michael Denaro 186 Columbia St., BK Rezone (resid./commercial bldg.) 070173ZMK Sheldon Lobel Commerce Bank 3755 E. Tremont Ave., BX Rezone (construct new bank) 070186ZMX Cozen O'Connor ULURP Process: Map Amendment College Point 114-01 14th Ave., QN Rezone (M1-1 to R4); 070174ZMQ; Stadtmauer Bailkin Lead Agency: CPC, Neg. Dec. Holdings LLC Special permits (resid. dev., comm. 070175ZSQ; facility, enclosed parking, height); 070176ZSQ; Comm. Bd.: SI 3, App’d, 16-7 Auth. to waive rear yard; 070177ZSQ; Boro. President: App’d Auth. to allow parking; 070178ZSQ; Auth. to modify street wall length 070179ZAQ; Text Amendment 070180ZAQ; Lead Agency: CPC, Neg. Dec. 070181ZAQ; Comm. Bd.: SI 3, No vote 070182ZCQ Boro. President: No vote JFK Center Assoc. 148th St. (94th, 95th Ave.), QN De-mapping 070158MMQ Philip Habib SPECIAL PERMITS/OTHER ACTIONS CPC: Prince’s Bay Rezoning (C 060465 ZMR – map amendment); (C 060464 Two Trees Mgmt. 130 Court St., BK Special permit (BK Savings Bank) 070156ZSK Wachtel & Masyr ZRR – text amendment) (Oct. 11, 2006). Rocksprings Mgmt. 52-54 Wooster St., MN Special permit (mixed-use bldg.) 070159ZSM Herrick Feinstein CITYADMIN Judo Assoc. 341 Canal St., MN Special permit (resid. bldg.) 070161ZSM Stadtmauer Bailkin

DCAS 269 Henry St., MN Disposition of former firehouse 070132PPM DCAS DCAS 120 E. 125th St., MN Disposition of former firehouse 070133PPM DCAS CITY PLANNING COMMISSION EDC 2040 2nd Ave., MN Cert. for transit easement 070190ZCM EDC Special Permit HPD 225 E. 118th St., MN UDAAP (Friendly Hands apts.) 070151HAM HPD Clinton, DEP Coney Island Area, BK Establish sewers 070126MDK DEP DCAS 299 DeGraw St., BK Disposition of former firehouse 070134PPK DCAS Midtown hotels to be built on

DCAS 136 Wythe Ave., BK Disposition of former firehouse 070135PPK DCAS platforms over rail line Williamsburg Edge Kent Ave. & N. 5th St., BK Cert. for 4 mixed-use bldgs. 070192ZCK Kramer Levin Developer plans two hotels with 354 HPD 2953 W. 31st St., BK Change to residential; 070138HUK; HPD rooms on platform above Amtrak. UDAAP (access. parking) 070139HAK SCW West LLC applied for a special DCAS 58-03 Rockaway Disposition of former firehouse 070136PPQ DCAS Beach Blvd., QN permit to allow development of two hotels on a platform to be built over Rossville A.M.E. Bloomingdale & Claypit, SI Auth. for tree removal & cert. for 070153RAR; Eric Palatnik Church school seats for 58-units housing 070155RAR; two active, below-grade Amtrak rail and 60-units senior housing 070152RCR; lines and a vacant through-lot 070154RCR located west of 10th Avenue in

152 Volume 3 CITYLAND November 15, 2006 Manhattan. The special permit ULURP Process: sought to include the platform’s Lead Agency: DCP,Con. Neg. Dec. area into the calculation of lot area. Comm. Bd.: MN 4, Den’d, 32-0-1 Boro. President: App’d SCW proposed a 12-story, 118-foot tall, 203-room hotel on West 43rd CPC: 505-513 West 43rd Street (C Street and a 9-story, 90-foot tall, 060334 ZSM – special permit) (Oct. 11, 151-room hotel on West 44th Street. 2006). CITYADMIN The 20,000-square-foot site lies partially within a residential zone and the Special Clinton District BOARD OF STANDARDS & APPEALS preservation area, but may be developed entirely for hotel use Appeal since over half of it is within, and the Tribeca, Manhattan remainder lies adjacent to, a manu- BSA upholds fuel storage in facturing zone. Building At a September 13, 2006 public hearing, no speakers appeared in Tribeca building’s 65 fuel tanks store opposition; however, Community more than 100,000 gallons. In 2002, Western Union building in Tribeca (center). Board 4 voted against the special the Department of Buildings issued Photo: Morgan Kunz. permit, noting that the design was violations to Hudson Telegraph too commercial and that floor area Associates after inspectors found tenants needed should be shifted from the 12-story fifteen 275-gallon fuel storage tanks storage tanks, and lease limitations hotel to the 9-story hotel, allowing on six floors of the Western Union provided no alternative locations. both buildings to conform to neigh- Building, an individual and interior After a two-year review, Buildings borhood character. The board City landmark located at 60 issued a variance legalizing the opposed the hotels’ plans to accept Hudson Street in Tribeca, Manhat- tanks based on the practical diffi- tour bus bookings and the inclusion tan. The code only permits one culties of complying with the code. of parking, arguing that it would 275-gallon tank on each story The variance, granted after consul- create congestion. Anthony Borelli, above the first floor. The 24-story, tation with the FDNY, fire safety speaking for Manhattan Borough 1.2 million-square-foot consultants, and elected officials, President Scott Stringer, spoke building houses telecommunica- stipulated that Hudson employ 25 in favor of the proposal and tions switchboards that serve a specific safety measures crafted to commended SCW for its willingness large portion of the northeast and address the need to manually refill to work with the community. require fuel reserves in case of and transport the fuel and to also The Commission approved, power outages. Overall, the building deal with storage, delivery and commenting that the hotels would contained 65 tanks with a 101,521- potential spills. not impede use of the rail line and gallon capacity, less than permitted A coalition of local residents Clinton’s streets could accommo- as-of-right. About 6,875 gallons of called the Neighbors Against Nox- date the project’s traffic, especially diesel fuel were maintained above ious Odors, Incessant Sounds and since neither hotel would include the first floor. Emissions applied to BSA to over- banquet halls or meeting facilities. Hudson applied to Buildings to turn the variance, arguing that Amtrak must still approve the legalize the tanks’ location, explain- Buildings acted arbitrarily by con- platform’s structural design and its ing that the floors required multiple sidering only the affected floors ventilation system. tanks since several different instead of the total amount of fuel stored at 60 Hudson Street. Repre- ULURP PIPELINE sented by Norman Siegel, Neigh- bors claimed that Hudson did not suffer practical difficulties and New Applications Certified into ULURP failed to obtain Landmarks’ PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED approval for the tanks. Neighbors One River Terrace Special permit (369-space garage) MN 1 060367ZSM 10/23/2006 also argued that the total amount of 27 Wooster Street Special permits (mod. of use, MN 2 060492ZSM; 10/23/2006 fuel at 60 Hudson qualified the site height & setback, 10-space garage) 060493ZSM as an illegal Bulk Oil Fuel Plant, Horace Mann School City map amendment (road closures) BX 8 010283MMX; 10/10/2006 which, under the code, was prohib- 010284MMX ited within 1,000 feet of a school or 37-39 Carroll Street Zoning map amendment (M1-1 to R6) BK 6 060018ZMK 10/10/2006 subway or within 250 feet of a pub- Queensboro Rezoning Zoning map amendment QN 7, 8 070119ZMQ 10/10/2006 lic park or residential zone. They

November 15, 2006 Volume 3 CITYLAND 153 claimed that the building was BSA found Buildings’ review of inherently dangerous due to its Hudson’s variance to be cautious, BOARD OF STANDARDS & APPEALS proximity to three subway lines, judicious, and adequately coun- Buckle My Shoe nursery, Duane seled by outside parties and Variance Park, and many residential build- that Hudson had obtained suffi- East Tremont, Bronx ings. Finally, Neighbors argued that cient approval from Landmarks. Not-for-profit wins variance Buildings failed to consider the The building was not a Bulk Oil Fuel to build youth housing building’s ability to withstand Plant, Hudson suffered practical sabotage or terrorist attacks. difficulties, and Buildings was not Studio apartments approved for Community Board 1 support- required to explicitly consider the Bronx manufacturing site. The not- ed the appeal, testifying that, since dangers of deliberate sabotage, for-profit, Audubon Housing Devel- the tanks were visible from inside according to the BSA decision. opment Fund Corporation, applied and outside, it required Landmarks’ Finally, BSA noted that it had no for a variance to construct a 36,596- approval. authority to rule upon code revi- square-foot building with 60 studio At the first of four BSA hear- sions that were not yet in effect, apartments to house youths who no ings, Buildings’ General Counsel longer qualified for foster care and especially since there was no evi- Phyllis Arnold defended Buildings’ low-income young adults. The proj- dence that the new code would pro- decision, arguing that the cumula- ect site, located on three lots along hibit the variance. tive amount of fuel permitted in the East 176th Street and Third Avenue building was as-of-right under the BSA: 60 Hudson Street (174-05-A) (Oct. in the Bronx, required a use vari- code and that the variance merely 17, 2006) (Norman Siegel, for N.O.I.S.E.; ance because the site was zoned for allowed more fuel on certain floors Phyllis Arnold, for DOB). CITYADMIN manufacturing. and less on others. Arnold further argued that the building’s concrete structure, large, 50,000-square-foot BSA PIPELINE floor plates and the required safety measures minimized the hazardous New Applications Filed with BSA - Sept. 30 – Nov. 1, 2006 condition. Fire expert Glen Corbett, who APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE testified in favor of Neighbors, VARIANCES argued that the variance created a 410-13 West LLC 408 W. 13th St., MN Rear yard variance 275-06-BZ Shelly S. Friedman dangerous condition. Buildings Endy Realty 4025 Laconia Ave., BX Extension of C of O 289-06-BZ Patrick E. Allen granted it under an antiquated Avrohom Horowitz 1847 60th St., BK Proposed synagogue 286-06-BZ Eric Palatnik, P.C. code, which it was in the process of 871 Bergen St. LLC 871 Bergen St., BK 5-story res. project 278-06-BZ Howard Goldman revising. Corbett explained that the Rockaway Homes 116-07 132nd St., QN Const. 2, 2-story dwellings 274-06-BZ Stadtmauer Bailkin new code would prohibit Hudson’s Richard Seemungal 144-29 South Rd., QN Const. 2-story dwelling 279-06-BZ Gerald J. Caliendo BK Corporation 31-12 23rd St., QN Legalize dwelling conversion 287-06-BZ Sheldon Lobel, P.C. exception, making the variance Phillip Zerillo 148-29 Cross Island, QN Permit 2-story office bldg. 267-08-BZ Stadtmauer Bailkin hazardous to the neighborhood, St. Albans Church 223-07 Hempstead, QN Allow 2-story church 288-06-BZ Sheldon Lobel, P.C. and no amount of safety measures Bruno Salvo 125 Greaves Ln., SI Conversion to commercial space 269-06-BZ Joseph Margolis would eliminate the potential for SPECIAL PERMITS/OTHER ACTIONS human error during manual refill. Hudson responded that non- Woodcutters Realty 4 E. 3rd St., MN Extend use & bulk regs. 25 ft. 266-06-BZ Irving J. Gotbaum manual refill was not viable and 531 Cent. Pk. Ave. 23 W. 45th St., MN Permit phys. cult. est. 285-06-BZ Sheldon Lobel, P.C. Yuri Frayman 232 Beaumont St., BK Legalize floor area 281-06-BZ Eric Palatnik, P.C. potentially less safe. Hudson also Tammy Hirsch 1372 E. 29th St., BK Ext. to 1-family dwelling 283-06-BZ Moshe M. Friedman submitted materials showing Land- Media Realty Group 37-11 35th Ave., QN Permit phys. cult. est. 272-06-BZ Joseph P.Morsellino marks’ approval. Charles P.Green 69-05 Utopia Pkwy., QN Gas station w/conv. store 280-06-BZ Carl A. Sulfaro BSA held three additional Mokom Sholom 80-35 Pitkin Ave., QN 80-ft. radio tower/flagpole 268-06-BZ Omnipoint Inc. hearings on June 7, September 15 APPEALS and October 17. After analyzing the building’s infrastructure, the com- DOB 148 E 63rd St., MN Revoke C of O 270-06-A DOB Yuri Frayman 232 Beaumont St., BK Appeal DOB decision 282-06-A Eric Palatnik, P.C. bustible temperature of diesel fuel, Breezy Pt. Co-op 113 Beach 221st, QN Enlarge 1-family dwelling 273-06-A Gary Lenhart and the methods used to fill Siach Yitzchok 1045 Beach 9th St., QN Permit const. in mapped st. 284-06-A Eric Palatnik, P.C. the tanks, BSA upheld Buildings’ Breezy Pt. Co-op 27 Roosevelt Wk., QN Disposal syst. in road bed 277-06-A Joseph A. Sherry decision, but required two addi- Fred Corono 8 & 12 Reynolds St., SI Appeal DOB decision 276-06-A Rothkrug Rothkrug tional conditions: a cooling system EXTEND CONSTRUCTION PERIOD for the fuel rooms and a tank-fill limit of 80 percent. NST Realty, LLC 1504 Richmond Rd., SI Ext. time for minor development 271-06-BZY Rampulla Associates

154 Volume 3 CITYLAND November 15, 2006 Borough President Adolfo Car- ly required Hamida to provide a site plan was merely a clerical error and rión, Jr., United States Congressman safety plan. In fact, only proposed Hamida had ample time to rectify Jose Serrano, State Senator Efrain structures greater than 15 stories the error. BSA also rejected Hami- Gonzalez, Jr. and representatives of triggered that requirement. da’s single integrated project argu- the Administration for Children’s A year later, Buildings issued ment, noting that the theory applies Services and the Department of the permit for the southern building only to large-scale, multi-stage Housing Preservation and Develop- but held the permit for the northern development estates where obtain- ment all testified in support. building, waiting for the site safety ing permits for each building would Audubon argued that the site plan. Hamida failed to mention the not make sense. Hamida never required remediation, which error and started construction on envisioned constructing its small increased construction costs. It the foundation for both lots without project in stages and in fact added that the lots were historically the second permit. Three weeks attempted to get both permits con- residential and, overall, the site was later, Hamida notified Buildings of currently. too small to support as-of-right the error and Buildings removed the BSA: 87-30 and 87-32 167th Street (364- manufacturing uses. requirement, but Hamida failed to 05-A; 365-05-A) (Sept. 19, 2006) (Shel- submit a final copy of the permit BSA agreed, granting the vari- don Lobel, for Hamida; Janine Gaylord, ance. As a not-for-profit, Audubon application. Work continued with- for DOB). CITYADMIN was not required to prove the feasi- out a permit. bility of an as-of-right use. In October 2004, the City, as part of the rezoning of Jamaica Hills, BOARD OF STANDARDS & APPEALS BSA: 507 East 176th Street (112-06-BZ) CITYADMIN down-zoned the site to restrict con- (Oct. 17, 2006). struction to single- or two-family Variance homes. Despite that, Hamida Manhattanville, Manhattan BOARD OF STANDARDS & APPEALS received the second permit from Columbia University’s Buildings. Five months after the science building approved Appeal down-zoning, Buildings issued a stop-work order. Fourteen-story science facility to be Jamaica Hills, Queens Hamida appealed to BSA, constructed at and West Vested rights denied despite arguing that Buildings had no 120th. Columbia University sought DOB permit error authority to delay the second per- a variance from BSA for a 14-story, mit and it did so just to obstruct the 229-foot high, 163,052-square-foot Developer failed to inform DOB of project. As a consequence, BSA science facility at 3030 Broadway error and continued work without a should consider the construction and West 120th Street. The pro- permit. After the City voted to work as if Buildings issued both per- posed science facility exceeded lot down-zone Jamaica Hills, Queens, mits together. Hamida also argued coverage, height and setback Hamida Realty applied to BSA, that the work qualified as a “single requirements. arguing that it had obtained a vest- integrated project” under state case At BSA, Columbia argued that ed right to continue its develop- law, which allowed work to vest its educational needs required a ment on two adjoining lots located without a permit if: the City issued a building with larger floor plates. In at 87-30 and 87-32 167th Street, permit for a fundamental portion of support, it submitted a consultant’s north of Hillside Avenue. the project, it knew about the whole report that concluded that the uni- When purchased by Hamida in project, the developer would suffer versity needed 28 new science labs 2001, the two 30-foot lots were economic loss, and no overriding exceeding 2,000 sq.ft. to facilitate joined and contained a single home public concerns existed. Finally, interdisciplinary study. An as-of- that Hamida demolished. Hamida Hamida argued that the work right building would compromise then received approval to divide the should vest as a matter of fairness. its plan to have direct access from lot and assign separate tax numbers Although Community Board 8 the new science labs to the existing and street addresses. and Council Member James F. Gen- physics and chemistry buildings. It In 2003, the Department of naro recommended approval of would also reduce the lab size Buildings approved Hamida’s plans Hamida’s appeal, the Queens Civic below 2,000 sq.ft. and eliminate a for two, three-family semi-detached Congress and State Assembly Mem- large lecture hall. Columbia added homes, one on each lot, sharing a ber Brian M. McLaughlin opposed. that an as-of-right building would common wall and foundation walls. BSA rejected Hamida’s argu- be taller than its proposal, reaching Buildings provided Hamida with ments. It affirmed that a valid per- an overall height of 317 feet. Adja- a list of required items needed mit is a fundamental requirement cent buildings also impinged on the before it would issue final permits. of vesting, finding that Buildings’ proposed design. Among these, Buildings erroneous- mistake in requesting the site safely Residents and the Morningside

November 15, 2006 Volume 3 CITYLAND 155 Heights Historic District Committee BSA, disagreeing with the opposi- mercial and manufacturing zoning opposed Columbia’s plan, arguing tion, found that the building design districts along the East River in Col- that an as-of-right building would would not alter the character of the lege Point, Queens. He constructed be less bulky and would retain more neighborhood. In BSA’s opinion, the 58 two-family homes as-of-right on of the existing view corridors along building would be more contextual the commercially-zoned portion, Columbia’s campus. The opponents than an as-of-right building. leaving the 144,325-square-foot also claimed that the proposed manufacturing portion vacant and design clashed with the neighbor- BSA: 3030 Broadway (113-06-BZ) (Sept. inaccessible from the closest street. ing campus. In response, Columbia 19, 2006) (Kramer Levin, for Columbia). CITYADMIN Lee then applied to BSA to con- pointed out that Landmarks had struct 28 new two-family homes on reviewed the project’s environmen- the manufacturing portion. tal analysis and determined that the BOARD OF STANDARDS & APPEALS Lee argued that manufacturing proposal would not affect views. uses would be infeasible because BSA, in granting the variance, Variance the manufacturing-zoned portion noted that case law entitled educa- College Point, Queens lacked street frontage, making it tional institutions to significant def- necessary to cross the commercial- erence in zoning waiver applica- Residential variance ly-zoned portion to reach the use. tions needed to meet the institu- approved for waterfront site Lee argued that the only feasible, tion’s requirements. It found that limited alternative would be to con- adjacent buildings constrained the Residential development on College struct a use that would be permitted building design and Columbia’s Point manufacturing site approved. in both zoning districts. Additional- need to have a state-of-the-art sci- Jung Kyu Lee owned a 496,604- ly, Lee argued, it would be difficult ence facility created a hardship. square-foot lot split between com- to develop the site since it was cre- ated by landfill and portions of it Landmarks Actions Taken in October 2006 were underwater. Manufacturing buildings would have to be con- FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS structed on piles, greatly increasing ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D construction costs. October 10, 2006 BSA agreed that the landfill 155 Spring St., MN SoHo-Cast Iron HD Alter facade, create entrance; 07-0611; Yes and the lack of street access created Issue report to CPC 07-2118 Yes a unique situation, but, pointing to 26 Wash. Sq. N., MN Greenwich Village HD Construct rooftop addition 06-6989 No past variance decisions on water- 641 Sixth Ave., MN Ladies' Mile HD Install signage 06-8752 In Part 135 E. 36th St., MN Murray Hill HD Const. rear, rooftop adds. 05-7009 Yes front parcels, noted that a hardship 316 W. 75th St., MN West End/Collegiate HD Construct rooftop addition 06-2657 W/D claim would not be justified based 125 E. 93rd St., MN Carnegie Hill HD Create master plan 07-1716 W/D on a portion of the site being under- October 17, 2006 water. BSA then asked Lee to submit 45 E. 66th St., MN East 66th St. Apartments Amend C of A (roof add.) 07-2395 Yes feasibility studies analyzing the Queensboro Bridge Queensboro Bridge Amend C of A (railing) 07-2598 Yes entire site as if it were undeveloped. 2112 Broadway, MN Apple Savings Bank Install canopies, signage 06-5021 W/Mod Lee’s studies concluded that a com- 401 Broadway, MN Tribeca East HD Alt. storefronts, inst. HVAC; 07-1188; Yes mercial/manufacturing building Issue report to CPC 07-1189 Yes built to the full permitted floor area 462 W. 23rd St., MN Chelsea HD Alt. facade, const. adds. 07-0371 Yes would not make economic sense. 4506 Greystone Ave., BX Fieldston HD Construct new house 06-5206 Yes BSA agreed, granting the variance. 222 Alexander Ave., BX Mott Haven HD Replace windows 03-5253 Yes 347 Grosvenor St., QN Douglaston HD Demo garage, const. garage 06-3444 Yes BSA: 114-01/36-A Taipei Court (290 – 314- 139 Arleigh Rd., QN Douglaston HD Const. 2-story rear yard add. 06-8497 Yes 02-BZ) (Oct. 17, 2006). CITYADMIN 261 B. Hamilton Ave., SI St. George/New Brighton HD Const. 5 new buildings 06-2748 Yes October 24, 2006 700 Fifth Ave., MN Gotham Hotel (Peninsula) Modify roof addition 07-1754 W/Mod CITYLAND Correction: 48-60 Beach St., MN Tribeca West HD Const. rooftop add. 06-8832 W/Mod 51 MacDougal, MN Charlton-King-Vadam HD Install wall sign 06-7986 W/Mod David Chang, a staff member of State 443 W. 22nd St., MN Chelsea HD Install access ramp 07-0296 Yes Senator Thomas Duane, appeared 781 Fifth Ave., MN Upper East Side HD Amend master plan (AC) 06-6585 Yes on Duane’s behalf at the September 1436 Lexington, MN Carnegie Hill HD Install infill 07-2381 Yes 7th Landmarks hearing on the Van 22 W. 75th St., MN Upper West Side/CPW HD Reconstruct stoop 07-1538 Yes Kearney Horse Mart. 320 W. 78th St., MN West End/Collegiate HD Alter facade 06-6776 Yes

156 Volume 3 CITYLAND November 15, 2006 17, 2006) (Attorney: Eric Palatnik, for BOARD OF STANDARDS & APPEALS Naso and Lee). CITYADMIN

Variance West New Brighton, Staten Island LANDMARKS PRESERVATION COMMISSION High sewer costs justified variance for senior residence Hearing Upper West Side, Manhattan Senior housing to be constructed on Clove Road in Staten Island. Devel- Former stables trigger West opers sought a variance from BSA Side landmarking debate Upper West Side’s Dakota Stables, currently for a three-story, 40-foot high, used as a parking garage. Photo: LPC. 34,542-square-foot senior housing Developer had received building facility at 908 Clove Road in Staten permits on historic stable prior to that they “would not have undertak- Island. The proposed senior resi- landmarking hearing. On October en the project had they thought it dence exceeded total floor area, 17, 2006, Landmarks held hearings merited landmarking,” and empha- street wall height, total height, curb to consider the designation of two sized that the building was omitted cut, and driveway width. Upper West Side buildings original- from the Upper West Side/Central At BSA, the developers, R. ly used as livery stables, the Mason Park West Historic District. or Dakota Stables at 348 Amsterdam Randy Lee and Frank Naso, argued The New York Landmarks Con- Avenue between West 76th and that the site’s 603-foot distance from servancy’s Roger Lang called Relat- West 77th Streets, and the New York the nearest sewer connection signif- ed’s actions an “11th-hour defacing Cab Company Stable at 318 Amster- icantly increased construction costs, to prevent the building’s day in dam Avenue at West 75th Street. and required additional floor area to court,” and Evan Mason of Land- Opening the hearing on the recoup the cost. The developers esti- mark West! emphasized that the sta- Dakota Stables, Landmarks Chair mated sewer construction costs at bles had been on the group’s desig- Robert Tierney stated that the cur- about $526,000. Additionally, nation “wish list” since 1986. Sever- rent owner, Sylgar Properties, had because the lot was adjacent to a al elected officials appeared to testi- received permits from the Depart- cemetery and monument shop, the fy in support of the Dakota Stables’ ment of Buildings to make “fairly developers claimed that it would not designation, including State Assem- significant facade alterations” to the be possible to sell access rights to bly Member Linda Rosenthal, Man- five-story Renaissance-Revival style the sewer connection to other devel- hattan Borough President Scott stables and that Landmarks knew of opers to compensate for its cost. Stringer, and City Council Members Three sewer experts testified the permits’ issuance when it voted to consider designation. The Dako- Tony Avella and Gail Brewer. for the developers, claiming that a In opposition, Carol von 603-foot distance was double the ta Stables, designed by architect Bradford Gilbert, was one of the Guilder, of the Real Estate Board of length of usual sewer connections New York, called it “disturbing” that in Staten Island and the project largest livery stables in the city when constructed in 1894. During the property was only proposed for faced compounded delays since the designation after Related spent sig- sewer connection required work public testimony, a current photo showing the building covered in nificant amounts of time and within Clove Road, needing DOT money preparing the project. approval and a DOT-set work time- tarps and scaffolding remained pro- jected on the hearing room wall. The second stable, the New line. The experts added that most York Cab Company Stable, was built Staten Island projects have lower Jeff Blau, a representative from the project’s developer, Related Prop- between 1888 and 1890 by C. Abbott costs, less stringent time con- French in the Romanesque Revival straints, and fewer utility crossings. erties, testified that $36.7 million had already been invested in the propos- style. It was one of ten stables The Clove Lake Civic Association owned by the New York Cab Com- opposed, arguing, among other al to convert the Dakota Stables and pany and was possibly the largest things, that the sewer connection an adjacent building into an apart- stable in the country. Like the Dako- was typical for Staten Island. ment complex. Blau explained that ta Stables, it was converted into a After reviewing feasibility stud- the as-of-right project included an parking garage as automobiles ies that analyzed different as-of- off-site affordable housing compo- replaced horses. Evan Mason right scenarios, BSA approved the nent and that he believed the build- explained that it was the first cab variance on condition that the hous- ing could be “next century’s land- company to use the black and yel- ing would be restricted to seniors. mark.” Robert A.M. Stern, the pro- ject’s architect, testified to his com- low colors, and the first to prowl the BSA: 908 Clove Road (369-05-BZ) (Oct. mitment to preservation. He stated streets in search of fares. Architec-

November 15, 2006 Volume 3 CITYLAND 157 tural historian Gregory Dietrich called the building an “important symbol of New York City’s transition from horse-drawn cabs to the mod- ern day taxicab.” The Municipal Art Society, the New York Landmarks Conservancy, the Historic Districts Council, and Cultural Resources Research Group also supported designation. Landmarks closed both hear- ings without any comments by commissioners.

LPC: Mason Stables aka Dakota Stables, 348 Amsterdam Ave. (LP-2206) (Oct. 17, 2006); New York Cab Company Stable, 318 Amsterdam Ave. (LP-2209) (Oct. 17, 2006).

LANDMARKS PRESERVATION COMMISSION

Certificate of Appropriateness Tribeca, Manhattan Six-story home approved for Rendering of Tribeca private residence at 230 . Image courtesy of Turett Collaborative W. Broadway & No. Moore Architects.

Existing two-story building to be new building lacked context. The demolished. Steven and Sherri LPC: 230-234 West Broadway (COFA# Board objected to the facade of both Schnall, private owners of 230-234 07-1865) (Sept. 12, 2006) (Turett Collab- buildings, the bris-soleil canopy atop West Broadway within the Tribeca orative Architects). CITYADMIN the north facade of the new building, West Historic District, were granted and the railings on the roof. a permit to construct their 9,000- In a unanimous vote, Land- LANDMARKS PRESERVATION square-foot private residence. The marks approved, noting that the plan, designed by Turett Collabora- COMMISSION building to be demolished did not tive Architects, requires the demoli- possess any significant architectur- tion of an existing two-story build- Certificate of Appropriateness al or historical features. Landmarks ing at 230 West Broadway, which Lower Manhattan noted that the height and massing will be replaced by a six-story build- of the proposed building would ing with a blackened steel and glass Small alterations to Woolworth match the scale of the neighbor- facade featuring an aluminum and Building approved hood, and that contemporary glass garage door, a steel and glass facades appropriately invoked the Permit issued for two rooftop addi- ground floor canopy, and single- industrial character of the Tribeca tions to historic pane, metal-clad windows on the West Historic District. as part of change to residential use. upper floors. The new building will be integrated with a renovated two- story building, once home to No LANDMARKS PIPELINE Moore Bar. Community Board 1 opposed Proposed Designations – October 2006 the application by a vote of 29-1-2. NAME ADDRESS ACTION DATE The Board noted that, even though architect Wayne Turett had done City & Suburban Homes 429 E. 64th St., MN Calendared 10/10/2006 considerable work in Tribeca and Mason/Dakota Stables 348 Amsterdam Ave., MN Heard 10/17/2006 was respected for his sensitivity to NY Cab Co. Stable 318 Amsterdam Ave., MN Heard 10/17/2006 the neighborhood, the design of the George Elkins House 1375 Dean St., BK Designated 10/24/2006

158 Volume 3 CITYLAND November 15, 2006 In 2000, the Witkoff Group applied proposal of Aby Rosen and RFR DEPARTMENT OF BUILDINGS to Landmarks to add two, two-story Holdings LLC to add a 26-story rooftop additions to the wings of addition to the existing five-story Proposed Rule Amendment the Woolworth Building as part of building at 980 Madison between Citywide its plan to convert the top stories of East 76th and East 77th Streets in the designated landmark to resi- Manhattan’s Upper East Side His- Buildings seeks to tighten dential use. Witkoff’s plan also toric District. The new tower, certification rules called for a glass enclosure on the designed by architect Norman Fos- Only two speakers opposed proposed 29th floor of the west tower, a new ter, who also designed the tower rule changes. On October 6, 2006, glass canopy on Park Place, addi- addition to the Hearst Building on Buildings held a public hearing on tional landscaping of the roof ter- West 57th Street, would require a the proposed amendments to the race and the lengthening of window permit from Landmarks as well as a professional certification program openings on several floors. The Cass use and bulk modification from the rules that would expand the poten- Gilbert-designed Woolworth Build- Planning Commission. tial grounds for suspension and ing, at 792-feet, was the city’s tallest During a four-hour hearing, permanent exclusion of architects building for the 17 years following Rosen and Foster explained the and engineers from the program. 3 its 1913 construction. design and the intention for the CityLand 143 (Oct. 15, 2006). Witkoff later reduced the addi- tower to contain 18 to 19 residential Only two individuals appeared tions to one-story. With the reduc- units. The existing Parke-Bernet at the hearing, both speaking in tion, Landmarks approved, finding building would be converted into opposition. Michael Zenreich, an the additions, although visible, artist work and gallery space that architect and chair of the Architects’ small in relation to the building. would include a publicly accessible Council of New York, called the new Landmarks noted that the additions sculpture garden on its roof. Bill provisions “too broad,” arguing that would be lower than existing Higgins, Rosen’s preservation the text could be misused and mechanical equipment and historic expert, called the tower design a would create a dynamic where an stair towers on the western wings. “vertical evolution” of the original architect is “guilty until proven Noting that the terrace garden and building, commenting that the innocent.” He suggested peer window alterations would not be tower would not detract from sur- review as an alternative and com- visible from the street, Landmarks rounding buildings. mented that the proposal was a approved both and also found the Preservation groups provided “heavy-handed reaction to abuse of proposed modern glass canopy to six examples of proposed tower a few practitioners.” Lester Lao tes- be set back far enough on Park Place additions to low-rise buildings that tified that the current system so as to not detract from the main Landmarks had denied in the past, worked fine and he did not see the entrance on Broadway. Although and warned of the precedent that shortcomings. Landmarks approved in 2000, the approval would set. Teri Slater of Buildings allowed written permit was not issued until late Defenders of the Historic Upper East comments to be submitted until August 2006. Side argued that approval would October 13th and received four “undermine the entire role of Land- LPC: Woolworth Building, 233 Broad- submissions. marks.” A resident of the Carlyle way (COFA# 07-1618) (Aug. 29, 2006) Hearing on Buildings’ proposed rule (Elise Quasebarth, Higgins & Quase- House on East 77th Street, William amendment, Oct. 6, 2006. barth, for Witkoff). CITYADMIN Kahn, spoke on behalf of his co-op in opposition, calling the project a “rev- olution, not an evolution” and LANDMARKS PRESERVATION ECONOMIC DEVELOPMENT adding that the tower simply did not CORPORATION COMMISSION belong on the block. Support for the project came Request for Proposals Hearing from artists and gallery owners, Harlem, Manhattan Upper East Side, Manhattan including the artist Jeff Koons, who argued that the project would Six-acre Harlem site Controversial Madison infuse needed vibrancy back into proposed for redevelopment Avenue tower gets hearing the streets and the Upper East Side arts community. EDC reissued request for develop- Public hearing held on 26-story, ment proposals after community Landmarks closed the hearing Norman Foster-designed addition to opposed first plan. On October 18, without comment. Madison Ave. building. On October 2006, the New York City Economic 24, 2006, Landmarks held the first LPC: 980 Madison Avenue (07-2265 & Development Corporation reissued public hearing on the controversial 07-2266) (Oct. 24, 2006). a request for proposals for a six-acre

November 15, 2006 Volume 3 CITYLAND 159 plan to incorporate Gerges dismissing claims brought more affordable hous- by property owners, nearby busi- ing, economic devel- nesses and residents objecting to opment and local cul- the condemnation of land in Clin- ture. In May 2006, ton Hill, Brooklyn for construction EDC pulled its origi- of a Sanitation truck garage. 1 City- nal proposal and Land 48 (Dec. 2004). agreed to issue a new The court found the parties’ RFP shaped in collab- claims untimely since their chal- oration with the task lenges to the condemnation were force. entirely based on the land use The second RFP approval and the environmental calls for a maximum review. The parties should have filed

Six-acre site in East Harlem proposed for development. Image of 1.7 million sq.ft., an article 78 challenge four months courtesy of the New York City Economic Development Corpora- reduced from 2.2 mil- after the Planning Commission’s tion. lion in the first RFP, approval was final. The court also and limits the height found that the City complied with lot in East Harlem bounded by East to 21 and 15 stories, down from a the land use and environmental 125th and 127th Streets and Third 40-story limit. The plan envisions review procedures and met the and Second Avenues after the com- up to 300,000 sq.ft. for a national requirements of the condemnation munity opposed the original win- retail anchor; 120,000 sq.ft. of spe- law. The court awarded costs to the ning plan. cialty retail, restaurants, cinemas, City payable by each of the parties The six-acre proposed site cur- and nightclubs; 50,000 sq.ft. of local that filed briefs. rently contains an MTA bus storage retail; 300,000 sq.ft. of media space; and 30,000 sq.ft. of not-for-profit Marcy Housing Tenants Assoc. v. City of facility, which the selected develop- New York, 2006 NY Slip Op 6860, performing visual and media arts er must move underground, as well Sept. 26, 2006 (2nd Dep’t) (Michael A. as local businesses. The City owns space. For the residential compo- Cardozo, Edward F.X. Hart, Drake 81 percent of the project site and nent, the proposal calls for up to Colley, for NYC). the EDC is working on the acquisi- 1,000 mixed-income units with tion of the remaining lots through EDC granting a preference to devel- COURT DECISIONS purchases or condemnation. City opers planning 100 percent afford- Planning is currently working on its able housing. Developers must submit City of New York East 125th Street/River-to-River Richmondtown, Staten Island study, a planning effort aimed at responses by January 12, 2007. EDC generating a development frame- will work with the community to SI homeowners lose claim review the proposals, hopes to des- work for the entire span of 125th over mapped street ignate a developer in September Street between the Harlem and 2007 and commence land use Mapped street covers 48 percent of Hudson Rivers. review in mid-2008. Amboy Road home. The 1918 City EDC released its original RFP map allowed the potential to widen in 1999 and awarded the project to New York City Economic Development Staten Island’s Amboy Road by 80 Urban Strategic Partners, LLC, the Corporation Request for Proposals, feet. The mapped but unopened East 125th Street Development, Harlem developer of Harlem USA, another street line extended into the proper- (Oct. 18, 2006). Harlem project on West 125th ty located at 3290 Amboy Road at Street. The selected proposal, called the corner of Buffalo Street, and Uptown New York, would have con- COURT DECISIONS covered almost 50 percent of the tained 700,000 sq.ft. of retail and one-story house built years later on commercial space topped by four City Planning Commission the lot. In 1984, James and Linda towers with over 1.5 million sq.ft. of Clinton Hill, Brooklyn Royal purchased the affected prop- residential space. Strong communi- Court affirms approval of erty, taking out a $40,000 mortgage ty opposition led Community Board Brooklyn Sanitation garage to facilitate their purchase. 11 to form a task force comprised of In 2004, the Royals sued the community representatives, Man- Property owners and neighboring City, seeking to force it to remove hattan Borough President Scott residential buildings sued to stop the widening street line or compen- Stringer and City Council Member Sanitation garage. The Second sate them for the value of their lot. Melissa Mark-Viverito to oppose Department affirmed the lower The Royals claimed that they need- EDC’s choice and propose a new court decision of Justice Abraham ed to sell their property due to

160 Volume 3 CITYLAND November 15, 2006 financial need, had approached a without the street line the property be interested in the house or the broker who would not list the lot, could be divided into two lots and area’s schools. and spoke with several developers sold for over $200,000 each. Justice Michael V. Ajello reject- who told them to remove the line The City submitted land ed the Royals’ claims, but also before they would buy it. At trial, the records, showing that since 1918 the rejected the City’s argument that surveyor testified that the lot was property had been bought and sold proof of past transactions proved zoned R3-1, which would allow and banks had approved mort- the property was saleable, reason- construction of semi-detached one- gages. The City also argued that the ing that the real estate market could and two-family residences or Royals failed to prove the site was have changed substantially since detached homes, and claimed that unmarketable since buyers might the Royals purchased the property. CITYLAND PROFILES City Planning’s General Counsel talks of emerging planning issues by just explaining what’s on his desk

hen asked to discuss current not that type of theater. Karnovsky believed Properties proposes to build 6.2 million W trends coming out of City Planning, it was inappropriate for City Planning to sq.ft. of office, retail, and residential space. David Karnovsky, General Counsel since determine “artistic content,” but felt it The boards, Karnovsky said, are using 1999, offered to start the conversation should set out standards of what failed to the mechanism as a “sword” to ensure with the matters sitting on his desk. From qualify. So he studied Broadway’s history, opposition is heard and to assert a com- Broadway’s first air rights sale, to a new consulted experts and reviewed Cirque peting vision to unwanted development. community board planning tool, to imple- videos ultimately setting clear prohibitions, Karnovsky called this “unanticipated” by mentation of City Planning’s complex like movies and rock concerts. For Cirque, the Charter revision, which envisioned rezoning plans, the conversation revealed the bonus was inapplicable because of the 197-a plans as comprehensive guidelines developing trends. Karnovsky, a Harvard venue’s size. When the issue resurfaced for an area’s future development. Compet- Law School graduate, joined City Planning with the Hirschfeld, the final definition ing plans create complex issues for the after serving as Special Counsel to the described legitimate theater as a live, land use review process and the Commis- Deputy Mayor of Operations in the Giuliani public stage production with professional sion is treading cautiously to ensure equal administration and ten years with the artists. consideration. With Columbia and Board 9, Law Department working on the Charter Karnovsky is working to establish a the Commission voted to send the plans revision, the Fulton Fish Market, and the theater fund and a group to distribute the through the land use process concurrently. adult use zoning text. fund, but due to the irregularity of the With the Solow site, the Commission held Legitimate Theater. With the August contributions, he viewed the range of a hearing on Board 6’s plan. Karnovsky 2006 approval of the air rights transfer suggested uses set out in ’98, like said the Commission will hold its vote until from Broadway’s Hirschfeld Theatre, the audience development, as too ambitious. Solow’s plan reaches it by relying on an first since the 1998 code amendment cre- Karnovsky would not guess what sparked unused, somewhat obscure City Rule, ating the Broadway air rights plan, new interest in Broadway’s air rights, but which reads, “if the Commission finds that Karnovsky found himself contemplating he admitted to receiving several calls it is unable to vote.” The text “cannot mean “what is legitimate theater?” The ’98 text about new plans. physically unable,” Karnovsky said. requires two things to complete the trans- Community Boards’ Sword. Karnovsky Private Public Parks. Karnovsky high- fer: the Broadway building must remain a saw a “new phenomenon” emerging from lighted one more item: the first develop- legitimate theater, and the theater owner community boards. Manhattan Community ment to implement the Greenpoint- must pay into a theater fund managed Boards 9 and 6 submitted community- Williamsburg waterfront esplanade plan. by a not-for-profit. With the Hirschfeld based land use plans under Charter sec- The goal of the zoning, Karnovsky application underway, City Planning had no tion 197-a, a provision intended to give explained, was to have developers build definition of legitimate theater, no estab- boards a voice in local planning. These the esplanade while creating incentives for lished theater fund and no not-for-profit. plans proposed direct alternatives to pri- its transfer to the City’s control. At 164 The legitimate theater question came vate developments being pursued for the Kent Avenue, the City will hold the C of Os up when Related Companies proposed to same area. Board 9’s plan sought to keep on the four proposed buildings until the bring Cirque du Soleil to Midtown in hopes manufacturing uses and allow low density esplanade is substantially complete. The of qualifying its project for the Hudson mixed-use buildings in Manhattanville developer will then transfer it to the City, Yards’ theater floor area bonus. The where Columbia University hopes to gaining protection from tort liability but theater bonus, Karnovsky explained, was expand its campus with high density con- retaining the right to use the area for zon- designed to be an incentive to replace struction. Board 6’s plan only addressed ing compliance, like floor area. Parks will small, off-Broadway theaters that would the nine-acre former Con Edison site maintain it, though it will not be mapped likely be demolished for new development. roughly stretching along First Avenue from parkland. Karnovsky called the whole Clinton residents argued that Cirque was East 35th to East 41st where Solow approach “completely non-traditional.”

November 15, 2006 Volume 3 CITYLAND 161 The court noted that the City had ultimately dismissed the Royals’ Royal v. City of New York, 2006 NY Slip not provided any evidence of a complaint without prejudice since Op 26409, Oct. 4, 2006 (Richmond recent sale of a similarly encum- they never placed the property for bered parcel or of a prospective sale and could not show that they Cty.Sup.Ct.) (Ajello, J.) (Alan Gaines, for purchaser qualifying for a mort- had suffered a diminution in value Royal; Michael A. Cardozo, Emily gage. Nevertheless, Justice Ajello from the street widening. Cohen, for NYC).

New Decisions Added to CITYADMIN www.citylaw.org – October 2006*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 552 Riverview, QN Zoning text amendment (landfill) 10/11/2006 553 Ellington on the Park, MN UDAAP by HPD (134 units) 10/11/2006 554 358 E. 184th St., BX UDAAP by HPD (1 lot) 10/11/2006 555 245 E. 176th St., BX UDAAP by HPD (1 lot) 10/11/2006 556 62 Sullivan St., BK UDAAP by HPD (1 lot) 10/11/2006 557 376 Tompkins Ave., BK UDAAP by HPD (2 lots) 10/11/2006 558 847 DeKalb Ave., BK UDAAP by HPD (4 lots) 10/11/2006 559 75 Van Buren St., BK UDAAP by HPD (3 lots) 10/11/2006 560 262 E. 39th St., BK UDAAP by HPD (1 lot) 10/11/2006 561 5202 Snyder Ave., BK UDAAP by HPD (2 lots) 10/11/2006 562 101 Dikeman St., BK UDAAP by HPD (1 lot) 10/11/2006 563 500 Prospect Place., BK UDAAP by HPD (1 lot) 10/11/2006 564 295 Jefferson St., BK UDAAP by HPD (4 stories, 8 units) 10/11/2006 565 Riverview, QN Zoning text amendment (landfill) 10/11/2006 566 3771 Boston Rd., BX 440-seat school (pre-k through 3rd grade) 10/11/2006 567 Site Central Harlem I (1), MN UDAAP by HPD (8 lots) 10/11/2006 568 Site Central Harlem I (2), MN UDAAP by HPD (2 lots) 10/11/2006 569 Site Central Harlem II, MN UDAAP by HPD (2 lots) 10/11/2006 570 Site Manhattan A, MN UDAAP by HPD (2 lots) 10/11/2006 571 Site Manhattan D, MN UDAAP by HPD (4 lots) 10/11/2006 572 Site Manhattan E, MN UDAAP by HPD (3 lots) 10/11/2006 573 Site Hamilton Place, MN UDAAP by HPD (2 lots) 10/11/2006 574 Site W. 127th St. (1), MN UDAAP by HPD (4 lots) 10/11/2006 575 Site W. 127th St. (2), MN UDAAP by HPD (2 lots) 10/11/2006 576 134 W. 143rd St., MN UDAAP by HPD (1 lot) 10/11/2006 588-592 Stapleton Waterfront Rezoning, SI Zoning map and text amendments; City map change; 10/25/2006 disposition of property 593 342 E. 139th St., BX UDAAP by HPD (1 lot) 10/25/2006 594 975 Summit Ave., BX UDAAP by HPD (1 lot) 10/25/2006 595 1211 Myrtle Ave., BK UDAAP by HPD (1 lot) 10/25/2006 596 1279 DeKalb Ave., BK UDAAP by HPD (2 lots) 10/25/2006 † 597 AT&T Building Interior, MN Landmark designation 10/25/2006 † 598 AT&T Building, MN Landmark designation 10/25/2006 599 Clifton Rezoning, SI Zoning map amendment 10/25/2006 600 NY Hospital, QN Special permit (372-space garage) 10/25/2006 601 NY Hospital Zon. Res., QN Zoning map amendment 10/25/2006 602 Coppola's, MN Special permit (sidewalk cafe) 10/25/2006 603 Site Manhattan C, MN UDAAP by HPD (1 lot) 10/25/2006 604 Site Harlem II (2), MN UDAAP by HPD (6 lots) 10/25/2006 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE Cornerstone Round 3, Site 4 UDAAP by HPD (22 units) MN 10 C060409HAM 9/27/2006 Stapleton Waterfront Development Zoning map and text amendments; City map SI 1 C060471ZMR; 9/27/2006 change; dispositions of property C060470PPR; C060469PPR; N060468ZRR; C060293MMR Clifton Rezoning Zoning map amendment (R3-2 to R3X) SI 1 C060536ZMR 9/27/2006 145-147 Mulberry Street Special permit for residential use MN 2 C050466ZSM 10/11/2006 505-513 W. 43rd Street Special permit (include platform in floor area) MN 4 C060334ZSM 10/11/2006 45th Ave./Elmhurst Rezoning Rezoning (mixed-use development) QN 4 C020127ZMQ 10/11/2006 NY Hospital Queens Expansion Special permit (372-space garage); QN 7 C060305ZSQ; 10/11/2006 Zoning map amendment (R4 to R6) C060303ZSQ

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

162 Volume 3 CITYLAND November 15, 2006 New Decisions Added to CITYADMIN www.citylaw.org – October 2006*

CITY PLANNING COMMISSION (CONT.) PROJECT NAME DESCRIPTION LOCATION ULURP # DATE Prince's Bay Rezoning Zoning map amendment; zoning SI 3 C060465ZMR; 10/11/2006 text amendment N060464ZRR BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 60 Hudson St., MN Appeal variance (fuel storage tanks) Denied 174-05-A Norman Siegel 100 East End Ave., MN Re-open variance to enlarge 6-story school App'd 171-95-BZ Howard Goldman, LLC 1800 Second Ave., MN Extend time to const. 10-story bldg. App'd 144-89-BZ Howard Goldman, LLC 3030 Broadway, MN Const. 14-story bldg. App'd 113-05-BZ Kramer Levin 1209 Zerega Ave., BX Extension of term (parking-space reduction) App'd 228-96-BZ Sheldon Lobel, P.C. 507 E. 176th St., BX Const. 7-story res./comm. bldg. App'd 112-06-BZ Sheldon Lobel, P.C. 2224 E. 14th St., BK Enlarge 1-family dwelling App'd 338-05-BZ Eric Palatnik, P.C. 2253 E. 14th St., BK Enlarge 1-family dwelling App'd 16-06-BZ Eric Palatnik, P.C. 9001 Ditmas Ave., BK 10-yr. ext. of term (Wendy's) App'd 111-01-BZ Eric Palatnik, P.C. 3701 14th Ave., BK Develop ambulance garage App'd 149-06-BZ Sheldon Lobel, P.C. 1599 E. 15th St., BK Extend time to const. 6-story bldg. App'd 69-06-BZY Stuart A. Klein 1060 E. 24th St., BK Enlarge 1-family dwelling App'd 56-06-BZ Fredrick A. Becker 87-30 167th St., QN Vested rights Denied 364/5-05-A Sheldon Lobel 109-70 153rd St., QN Const. 2-story, 2-family dwelling App'd 344-05-BZ Rothkrug Rothkrug 10-33 Burton St., QN Const. 2-story, 1-family dwelling App'd 291-05-BZ Joseph Morsellino 114-01–114-36 Construct 28 3-story, 2-family dwellings App'd 290-02-BZ- Rothkrug Rothkrug Taipei Ct., QN 314-02-BZ; 374-03-BZ- 376-03-BZ 75-28 Queens Blvd., QN Extension of term (gym) App'd 229-84-BZ Cozen O'Connor 11 Beach 220th St., QN Const. bldg. not fronting mapped st. App'd 179-06-A Gary Lenhart 20-65 Clintonville St., QN Waiver, ext. of term for used car sales App'd 167-55-BZ Vassalotti Associates 38 Lincoln Walk, QN Enlarge 1-family dwelling in mapped st. App'd 91-06-A Gary Lenhart 2118 Dix Pl., QN Ext. of term (gas station), legalize store App'd 802-48-BZ Rothkrug Rothkrug 908 Clove Rd., SI Const. 25-unit multiple dwelling App'd 369-05-BZ Eric Palatnik, P.C. 72 & 74 Summit, SI Appeal const. of 5, 1-family dwellings in App'd 332-05-A; Rothkrug Rothkrug Special Natural Area District 333-05-A LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 233 Broadway, MN Woolworth Building Inst. canopy, const. rooftop add. 07-1618 Yes 8/29/2006 Central Park, MN Ancient Playground Replace pathways, fencing, play equip.; 07-2181 Yes 10/4/2006 Alter comfort station 07-0418 Yes 10/4/2006 166 E. 73rd St., MN 166 E. 73rd Street Construct rooftop addition 07-2223 Yes 9/25/2006 Rufus King Park, QN Rufus King Park Install artificial turf, driveway, landscaping 07-2188 Yes 9/26/2006 230 W. Broadway, MN Tribeca West HD Demo bldg., construct 6-story bldg. 07-1865 Yes 9/12/2006 350 Bleecker St., MN Greenwich Village HD Install infill, replace paving 07-2315 Yes 9/26/2006 26 W. 8th St., MN Greenwich Village HD Repl. illegal infill, inst. signage 07-2416 Yes 9/26/2006 2 Charles St., MN Greenwich Village HD Replace infill 07-2403 Yes 9/29/2006 159 W. 12th St., MN Greenwich Village HD Const. 3-story rear yard add. 07-2114 Yes 9/21/2006 9 1/2 Jane St., MN Greenwich Village HD Create masonry opening 07-2314 Yes 10/5/2006 95 Fifth Ave., MN Ladies' Mile HD Construct rooftop addition 07-1931 Yes 9/15/2006 114 E. 35th St., MN Murray Hill HD Inst. access ramp, reconfig. paving 06-9139 Yes 9/15/2006 25 W. 69th St., MN Upper West Side/CPW HD Const. stoop, replace transoms 07-1753 Yes 9/7/2006 30 E. 71st St., MN Upper East Side HD Replace windows 07-1915 Yes 9/28/2006 11 E. 74th St., MN Upper East Side HD Install window, cladding 07-1989 Yes 10/5/2006 112 E. 78th St., MN Upper East Side HD Replace windows 07-2357 Yes 9/27/2006 118 W. 87th St., MN Upper West Side/CPW HD Legalize facade replacement 07-2356 Yes 9/28/2006 105 Joralemon, BK Brooklyn Heights HD Alter facade, inst. door, paving 06-5363 Yes 9/15/2006 130 Court St., BK Cobble Hill HD Demo bldg., construct 6-story bldg. 07-2277 Yes 10/2/2006 473 Hicks St., BK Cobble Hill HD Demo bldg., construct 4-story bldg. 07-1788 Yes 9/15/2006 56 Cambridge Pl., BK Clinton Hill HD Demo add., const. 2-story rear add. 07-1756 Yes 9/13/2006 235 Ridge Rd., QN Douglaston HD Replace siding, garage roofing 07-2151 Yes 9/25/2006

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

November 15, 2006 Volume 3 CITYLAND 163 The Center for New York City Law 47 Worth Street New York NY 10013-2960

Upper West Side’s New York Cab Company Stable at 318 Amsterdam Avenue, considered for landmark status. Story page 157. Image: LPC.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS

CITY LAW BREAKFAST SERIES 2006-2007 Friday, November 17, 2006 Linda Gibbs, Deputy Mayor for Health and Human Services Speaking on “Health & Human Services Agencies in the Bloomberg Administration’s Second Term” Breakfasts begin at 8:15 a.m. at New York Law School, 47 Worth St., N.Y., N.Y. There is no charge, but please reserve a seat at www.citylaw.org. CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support of: AGENCY NUMBER OF YEARS NAME DECISIONS AVAILABLE Manatt, Phelps & Phillips, LLP

BSA 2,162 2002-Present New York City Council Council 1,175 2003-2005 Weil, Gotshal & Manges LLP CPC 623 2003-Present Gibson, Dunn & Crutcher DOB 68 1999-Present Kramer, Levin, Naftalis & Landmarks 1,399 2002-Present Frankel, LLP CITYLAND Loft Board 1,403 1996-Present WWW.CITYLAW.ORG