November 2006
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CITYLAND NOVEMBER 15, 2006 center for new york city 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. Tribeca 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 area’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 Worth Street, 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.