CITYLAND

OCTOBER 15, 2006 center for new york law VOLUME 3, NUMBER 9

Highlights

CITY COUNCIL Industrial zone proposal ...... 133 CITY PLANNING COMMISSION Atlantic Yards too big ...... 135 College Point development . . . . .136 BOARD OF STANDARDS & APPEALS Park Slope controversy ...... 136 SoHo lot gets five variances . . . . .137 Queens waterfront home OK'ed 139 LANDMARKS 15 stories OK'ed for Chelsea . . . .139 E.Village horse mart hearing . . .140 BSA’s denial of grandfathering application prevented new development in South Park Slope from Hearing on new Bklyn HD . . . . .141 blocking this view of the Statute of Liberty from the famous Minerva Statue. Photo: Morgan Kunz. Flatbush HD to be considered . .141 & SI designations . .142 CITY COUNCIL al character. These new zones DEPARTMENT OF BUILDINGS would allow manufacturing and warehouses as of right, but would Proposed self cert. changes . . . . .143 Hearing Citywide require any new superstores, hotels, ECONOMIC DEVELOPMENT CORP. and municipal buildings to obtain a Council holds hearing on special permit. Bronx Armory RFP ...... 143 industrial employment zone Katz argued that manufactur- ing jobs pay, on average, $10,000 COURT DECISIONS Proposal would add protections for more per year than jobs in the retail BSA Queens denial upheld . . . . .144 manufacturing by requiring non- and restaurant sectors, and the NYU dorms proceed in E.Vill. . .144 industrial uses to obtain special per- industry has a high percentage of UES locals oppose waste plant .144 mits. On September 18, 2006, the minority and immigrant workers. City Council’s Subcommittee on Katz also stressed that the industry CITYLAND PROFILES & Franchises held a public provides a vital source of materials Hoffman ...... 145 hearing on a proposal to create and supplies for the city’s other Industrial Employment Districts. business sectors. IEDs would allow CHARTS Current zoning laws permit non- manufacturers to invest in their DCP Pipeline ...... 136 industrial buildings, such as com- businesses and create jobs, accord- mercial or retail uses, in manufac- ing to Katz. ULURP Pipeline ...... 137 turing zones, which can destabilize Mark Foggin, from the Mayor’s BSA Pipeline ...... 138 an area and cause rent increases. Office of Industrial and Manufac- Landmarks Pipeline ...... 140 The proposal, sponsored by turing Businesses, testified that the Landmarks Actions ...... 142 Council Member Melinda Katz, City had a program in place to pro- Citylaw.org New Decisions . . .146-7 would create IEDs within existing mote industrial businesses. The industrial zones where there is a City has identified 17 Industrial New DOB Permits ...... 147 consensus to maintain the industri- Business Zones (cont’d on page 135)

October 15, 2006 Volume 3 CITYLAND 133 COMMENTARY

Subways and Affordable Housing The need for affordable housing during the last decade of the nineteenth century and the first third of the twentieth Century did not lead to direct governmental subsidies; it led to expansion of the City’s boundaries through consolidation, construction of the East River and Harlem River bridge, and creation of the subway sys- tem, all of which had as a central purpose the opening up of cheaper, available land for housing. Direct subsi- dies in the form of public housing only began in the 1930s. Rent control and rent stabilization followed in the 1940s, but with little or no support for their extension today. Few officials, however, make the connection between transit and the creation of affordable housing. Zoning protections, zoning bonuses and tax incentives currently are the favored methods to encourage affordable housing. These strategies have the advantage of no or low direct budget impacts, and achieve the political goal of mixing economic classes. But time can erode these strategies as the maturation of Mitchell/Lama housing and the proposed sale of Stuyvesant Town and Peter Cooper Village show. The energetic rebirth of the Lower East Side and the new vitality of many attractive areas of Brooklyn, Queens, and the Bronx provide another lesson. These areas all have something in common; good access to rapid transit. There are many areas of not so favored. The MTA’s ambitious 1968 expansion plan identified many of these areas. The plan drew lines on a map for future construction, but then failed to con- struct any of the more significant recommendations. It is time to revisit such plans. Moving forward on construction of the Second Avenue subway project in Manhattan is a good start, but there are other projects that could have much greater impact on opportunities for affordable housing. Some of these plans could involve New Jersey and upstate counties. New York governmental leaders who are serious about affordable housing should, along with zoning and tax strategies, dust off the rapid transit strategies that worked so well 100 years ago. 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 Caitlin J. Walsh ’08 Associate Director work: The Steven and Sheila Aresty Foundation, Fellows in New York City Law Shane M. Tattan ’08 Managing Editor Harlan Scholar Interns The Robert Sterling Clark Foundation, The Horace Molly Brennan Jesse Denno 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

134 Volume 3 CITYLAND October 15, 2006 where it provides expanded assis- tial/commercial overlay districts, tance services to industrial firms, and that the site’s residential zoning offers a one-time relocation tax prohibited the proposed commer- credit of up to $1,000 per employee cial uses. to move to the area, and opposes all The Commission examined residential use applications. Foggin two distinct development plans for argued that these programs offer a the Atlantic Yards site: a residential more flexible way to protect indus- variation with 6.7 million sq.ft. of trial jobs than the IEDs. housing (6,860 units), 600,000 sq.ft. In support of the IEDs, Josh of office space, and a 180-room Mason from the Working Family hotel, and a commercial variation Party testified that flexibility for the with 1.8 million sq.ft. of office space City meant instability for the indus- and 5.7 million sq.ft. of housing (5,790 units). Both variations try. While the Mayor’s program Map showing current Industrial Business helps promote and protect industri- Zones. Image courtesy of Office of Industrial included a Nets arena with 18,000 al business, it could be changed and Manufacturing Businesses. game seats and a 20,500 person without community or business capacity for events. The Commission noted that consultation because it is only a CITY PLANNING COMMISSION policy and not a law. Steve Hindy, the project “builds on the City’s ongoing efforts to continue the President and Founder of Brooklyn General Project Plan Review growth of Downtown Brooklyn,” Brewery, testified that he, like many Downtown Brooklyn employers, would like to expand his but called for an eight percent business, but high rent and pur- Planning Commission files reduction in floor area concentrat- chase prices in the area surround- comments on Atlantic Yards ed on three buildings. At Dean ing his Williamsburg, Brooklyn fac- Street and , the Com- tory make industrial uses infeasible. Commission recommends that the mission recommended that the He argued that reserving areas of project be reduced by 635,000 sq.ft. 428-foot tall, 530,000-square-foot the city for industrial uses will make and its open space increased. On building be reduced to a 220-foot, it easier for employers to expand September 27, 2006, the Planning 275,000-square-foot maximum. At Commission recommended to the their businesses. Atlantic and Flatbush Avenues, the Empire State Development Corpo- The Subcommittee closed the Commission suggested that the ration that Forest City Ratner Com- hearing without voting on the proposed 350-foot-tall, 572,000- panies reduce the overall size of its proposal. square-foot complex be reduced to proposed downtown Brooklyn a 250-foot height and 392,000- Public Hearing of City Council’s Zoning Atlantic Yards project by eight per- square-foot maximum floor area. At & Franchises Subcommittee, Sept. 18, cent or 635,000 sq.ft. and increase Atlantic and Sixth Avenues, the 2006. the proposed open space from Commission called for reductions CITYLAND Comment: The seven to eight acres to address the of 109 feet in height and 200,000 Mayor’s Office of Industrial and significant amount of pedestrian sq.ft. in floor area to result in a Manufacturing Businesses formed traffic that the project would gener- 355,000-square-foot building with a a Boundary Commission in 2005 to ate. Ratner’s plan calls for a massive 225-foot maximum height. determine where to place the redevelopment of Brooklyn’s The Commission pointed out Industrial Business Zones. The Atlantic Yards with an arena for the that Ratner and the Empire State Boundary Commission holds pub- Nets, thousands of residential units, Development Corporation had met lic hearings on its proposed zones office space, new street retail, a with City Planning and agreed to before making its final determina- transit hub, public open space and a design guidelines crafted by the tion. Further information, including possible hotel. Department. This agreement had detailed maps of the 17 zones can Ratner’s project triggered a improved the design, in the Com- be found on the Office’s website Commission recommendation be- mission’s opinion, in that it created located at http://www.nyc.gov/imb. cause the development would views into the arena from the street, necessitate an override to local zon- maximized street level retail on If the resolution were adopted ing restrictions on use, parking, Dean Street and Sixth Avenue and by two-thirds of the Land Use Com- loading, height, floor area, setback added a glass enclosed public open mittee, the committee would next and signage. The Commission’s let- space at the project’s focal point, the file a text amendment application, ter stated that the Nets arena was corner of Atlantic and Flatbush. which would be reviewed by the not a permitted use within the site’s Chair Amanda M. Burden Planning Commission. residential districts or its residen- commented at the Commission’s

October 15, 2006 Volume 3 CITYLAND 135 vote that City Planning insisted on CITY PLANNING COMMISSION the landfill. The new project, which design guidelines for the project, would result in 62 fewer units than which she believed “reflected Rezoning/Landfill originally proposed, required an amended approval from the Com- design excellence and enhanced College Point, Queens the urban fabric.” Urging approval, mission to permit the ownership Burden emphasized that the project College Point to be change. Powell Cove also proposed would employ 15,000 people during developed after 30-year delay to exceed floor area and height lim- construction and would bring a its on the lot north of Powell Cove Illegal landfill slowed approval of state-of-the-art arena to the area. Boulevard to allow the majority of Queens development. In 1976, a the units to be constructed on one Following the Commission’s review developer received approval from lot. To allow this, Powell Cove session on September 25th, Ratner the Planning Commission for the requested that the Commission reaffirmed its plan to include 2,250 Riverview development, a 500-unit approve the transfer of unused floor affordable housing units and to project on a 28-acre parcel stretch- area from the second lot and allow a construct 30 percent of the afford- ing north from 5th Avenue and west height exception. able housing during the first phase from Lax Avenue along the East The Commission approved, of construction. Burden pointed River waterfront in College Point, commenting that the transfer of out that this agreement would sub- Queens. The state then denied a floor area and height exception cre- stantially contribute to Mayor needed permit for the development ated a better site plan, increased the Bloomberg’s goal for new affordable after discovering 123,000 cubic open space and facilitated the housing development in the city. yards of illegal landfill on the site. state’s naturalization plan for the The complete Commission After constructing only 236 of the landfill. recommendation is available on 500 planned units, the developers ULURP/Public Review: City Planning’s website at: sold off 14 acres. Text Amendment Lead Agency: CPC, Neg. Dec. http://www.nyc.gov/html/dcp/pdf New owner Powell Cove Asso- /luproc/gpp_atlantic_yards.pdf. Comm. Bd.: QN 7, No vote ciates LLC proposed construction Boro. President: App’d City Planning Commission’s Comment of 74 two- and three-family homes Landfill Application Letter on Atlantic Yards General Project with 202 total units on the two-lot, 14-acre site after receiving approval Lead Agency: CPC, Neg. Dec. Plan to Empire State Development Cor- Comm. Bd.: QN 7, App’d, 42-0-0 poration, Sept. 27, 2006. from the state for a plan to vegetate Boro. President: App’d

CITY PLANNING PIPELINE CPC: Riverview (N 060426 ZRQ – text amendment); (C 020332 MLQ – landfill application) (Sept. 13, 2006). New Applications Filed with DCP – September 1 – 28, 2006 CITYADMIN APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE ZONING TEXT AND MAP AMENDMENTS BOARD OF STANDARDS & APPEALS N/A SPECIAL PERMITS/OTHER ACTIONS Building Permit Roag, Inc. 50 Howard St., MN Spec. permit (use) 070105ZSM Slater & Beckerman South Park Slope, Brooklyn Big Greene LLC 101 Greene St., MN Waive rooftop open space 070106ZAM Stadtmauer Bailkin BSA refuses to grandfather 300 Canal LLC 300 Canal St., MN Permit joint live-work 070121ZCM Stadtmauer Bailkin Brooklyn project HPD 3313 Third Ave., BX UDAAP (128-unit bldg.) 070111HAX HPD Developer relied on self-certified per- Katie Michel 4665 Hadley Ave., BX Enlarge bldg. 070102ZAX Andrew Berman mit later found invalid. Based on a Robinson Brothers 55th Rd. Demapping, QN Demap 55th Rd. for warehouse 070109MMQ Sam Schwartz PLLC professionally certified application, DEP Cooper, Doran Ave., QN Establish sewers 070108HDQ DEP Buildings issued Chaim Nussen- DEP 112th St., 64th Rd., QN Establish sewers 070100MDQ DEP zweig, of HMS Associates, a build- DEP 44th Dr., Vernon Blvd., QN Establish sewers 070101MDQ DEP ing permit on August 21, 2005 for a Pres. Sisters 419 Woodrow Rd., SI Subdivide lot 070120RCR Moss & Sayad 38-unit, five-story building at 614 7th Avenue at 23rd Street in South Joseph LaForgia 28 Helena Rd., SI Modify topography 070096ZAR Genovese Arch. Park Slope, Brooklyn. The next day, John Saraceno 107 Circle Rd., SI Enlarge bldg.; Subdivide lot 070104ZAR; Assoc. Architects 070103ZCR City Planning certified its plan to down-zone portions of South Park Paul Culotta 58 Hendricks Ave., SI Build 2 homes 070122ZCR Labue & Valenziano Slope, including Nussenzweig’s lot, Arron Luwisch 31 Shields Pl., SI Build 2 homes 070117ZCR Lauria Assoc. thereby starting the land use review

136 Volume 3 CITYLAND October 15, 2006 ULURP PIPELINE BSA denied all of Nussen- zweig’s arguments, ruling that the zoning resolution required a valid New Applications Certified into ULURP permit to grandfather a project. PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED Reliance on the second set of plans

157 Hudson Street Special permit (mod. of use, MN 1 060530ZSM; 9/25/2006 was time-barred since the permit allow lofts below 3rd story) N060531ZAM revocation by Buildings was a final El Dorado Garage Special permit (120-space garage) MN 7 060392ZSM 9/25/2006 decision that could have been W. 145th St. Rezoning Zoning map amendment MN 10 050414ZMM 9/25/2006 appealed to BSA. Noting that Hatzulah Amb. Garage Spec. permit (ambulance garage) BK 12 070034ZSK 9/25/2006 Nussenzweig had presented the 45-31 Ct. Sq. Garage Special permit (200-space garage) QN 2 050493ZSQ 9/25/2006 second plans late in the hearing Jamaica Redevelopment Zoning map change; disposition of QN 12 070079ZMQ: 9/25/2006 process, BSA commented that, in property; special permits (500- 070080PPQ; space garage; mod. of streetwall, 070081ZSQ; light of how much was at stake, “it setback; business entry; res. use; 070082ZSQ strains credulity” to believe that signage) Nussenzweig would not have Pendale Street City map amendment SI 3 050486MMR 9/25/2006 aggressively opposed the permit’s revocation from the beginning if he process and providing Nussenzweig tery’s famous statue of Minerva. believed that it was based on the about 200 days to grandfather the Buildings, represented by wrong plans. project. Angelina Martinez-Rubio opposed, BSA also ruled that there was Soon after excavation and arguing that only valid permits can no requirement that life or property foundation work began, Buildings vest under the zoning text. Build- be in imminent peril before Build- initiated a special audit of the proj- ings argued that none of the work ings could issue a stop-work order ect that revealed potential viola- performed on the invalid, revoked and noted that the developer’s tions of floor area, lot coverage, permit should be considered when claims that Buildings did not follow height limits, and several building calculating substantial completion procedure and was swayed by poli- code provisions, including sprin- of the foundation. The project’s only tics, had no merit or proof. klers. Buildings issued a stop-work valid permit was issued one day order, sent Nussenzweig a notice before the rezoning passed, which BSA: 614 7th Avenue (353-05-BZY) (Sept. listing its objections, and outlined failed to provide sufficient time to 12, 2006) (Peter Geis, Cozen O’Connor, its intention to revoke the permit complete excavation or foundation for Nussenzweig; Angelina Martinez- unless Nussenzweig responded. All work. Rubio, for DOB). CITYADMIN work ceased on October 11th and Nussenzweig’s attorney, Peter Buildings revoked the permit after Geis, responded that Buildings had BOARD OF STANDARDS & APPEALS receiving no response. reviewed outdated plans during its Nussenzweig later filed a sec- audit, and improperly revoked the Variance ond new building permit applica- permit. In support, Nussenzweig tion, which Buildings approved on produced plans dated after Build- SoHo, Manhattan November 15th. The next day, the ings issued the first permit which Greenwich/Canal Street City Council approved the rezoning contained a Buildings’ stamp. project gets 5 variances of South Park Slope, down-zoning Nussenzweig also alleged that the project site. 2 CityLand 161 Buildings lacked authority to issue a Luxury approved once (Dec. 2005). The project exceeded stop-work order without evidence developer reduced the height and the new zoning’s height limit by 18 of imminent peril to life or property, size. Red Brick Canal LLC sought feet and the floor area limit by over and that it based its decision on approval to construct an 11-story, 10,000 sq.ft. political criticism and press cover- 25,025-square-foot residential and Nussenzweig applied to BSA to age rather than facts. commercial building at 482 Green- grandfather the project, arguing Buildings responded that it wich Street, a lot with frontage that he had fully completed the had no official record of the alleged along Greenwich and Canal Streets excavation and finished 86 percent amended plans. Since the second at the border of Tribeca and SoHo in of the foundation work before set of plans differed so greatly from Manhattan. The project site, a Buildings issued the stop-work the original, Buildings’ rules 3,136-square-foot, trapezoid- order. Community members required Nussenzweig to profes- shaped lot located in a commercial opposed the application, complain- sionally certify the plans, file the zone (C6-2A), currently contains an ing that the project’s height would proper paperwork, and pay an unused gas station which will be block the view of the Statue of Lib- amendment fee, none of which demolished. The City had rezoned erty from the Green-Wood Ceme- occurred. the lot from manufacturing (M1-6)

October 15, 2006 Volume 3 CITYLAND 137 containing 10 luxury apartments unique shape made as-of-right and small commercial and commu- yards, lot coverage and curb cuts nity use spaces. The new proposal impractical since the floor plates removed the need for floor area, would be unusable. BSA, however, height, and set back exceptions. Red denied that the flood plain and soil Brick also submitted a revised feasi- conditions created a unique hard- bility study, which adopted the ship since 56 nearby lots faced a opposition’s estimated sale price of similar issue. BSA noted that it had $1,200 to $1,950 a square foot. discretion to send an applicant back Local residents remained to the community board, but it was opposed, complaining to BSA that Rendering of proposed 11-story building on the not required by the Charter or BSA corner of Greenwich and Canal Streets. Credit: Community Board 2 should hold a rules to do so when a developer Design Architect, McKay Architecture Design; second hearing. reduced a project during the hear- Architect, Garrett Gourlay Architect PLLC. Despite Community Board 2’s ing process. in 2003 as part of the Hudson request, BSA approved the plan, Square rezoning. agreeing that the site’s size and BSA: 482 Greenwich Street (124-05-BZ) Red Brick’s project failed to comply with floor area, height, yard, BSA PIPELINE lot coverage, curb cut and garage size requirements, necessitating variances. Red Brick, represented by New Applications Filed with BSA - Sept. 1 – 29, 2006 Deirdre Carson, argued that the lot’s APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE small size, its unconventional VARIANCES shape, its location within a flood Mount Hope 55 E. 175th St., BX Rear yard variance 252-06-BZ Randolph Croxton plain, and the need to remediate the Syful Islam 2342 Haviland Ave., BX Legalize work permit 233-06-BZ Kathleen Bradshaw soil made an as-of-right project Congregation Mazah 87-99 Union Ave., BK Const. 5-story yeshiva 261-06-BZ Sheldon Lobel, PC infeasible. Red Brick added that, Ahi Ezer Cong. 1885 Ocean Pkwy., QN Enlarge synagogue (bulk) 259-06-BZ Fredrick A. Becker due to the odd shape of the lot, the Lady of the Snows 79-48 259th St., QN Church bldg. (floor area) 258-06-BZ Anderson Kill & Olick units would have greater wall space Heung C. Rha 141 3rd Ave., QN Res. acces. use on R2 lot 265-06-BZ Sheldon Lobel, PC than floor space, which would Ridgewood Equities 71-13 60th Ln., QN Res. conversion of factory 262-06-BZ Howard Goldman diminish the units’ value. St. John's Univ. 147-04 Union Tpike., QN Front yard variance 240-06-BZ- Manatt Phelps & 251-06-BZ Phillips City Planning, Community George Smith 2066 Richmond Ave., SI Office bldg. in R3-2 227-06-BZ Eric Palatnik, PC Board 2 and local resident groups SPECIAL PERMITS/OTHER ACTIONS opposed, arguing that the height and size would exceed neighboring Charlton Co-op. 547 Greenwich St., MN Not provided 260-06-BZ J. Owen Zurhellen III buildings. In City Planning’s opin- Sarah Weiss 1327 E. 21st St., BK Enlarge 1-family dwelling 254-06-BZ Eric Palatnik, P.C. Martin Gross 1085 E. 22nd St., BK Enlarge 1-family dwelling 234-06-BZ Fredrick A. Becker ion, the circumstances did not war- Breindi Amsterdam 2801 Avenue L, BK Enlarge 1-family dwelling 263-06-BZ Fredrick A. Becker rant floor area and height excep- Miriam Schwartz 1632 E. 28th St., BK Enlarge 1-family dwelling 264-06-BZ Fredrick A. Becker tions. Jamila Maleh 2243 Homecrest Ave., BK Enlarge dwelling 253-06-BZ Fredrick A. Becker During the hearings, BSA Jonathan Schwartz 1462 E. 26th St., BK Extension to 1-family dwelling 237-06-BZ Moshe M. Friedman expressed serious concerns with the Michael Dalezman 1500 E. 21st St., BK Extension to dwelling 236-06-BZ Moshe M. Friedman project’s size, explaining that the Susan Rosenberg 3155 Bedford Ave., BK Enlarge 1-family dwelling 235-06-BZ Fredrick A. Becker lot’s conditions failed to justify Bracha Weinstock 1766 E. 28th St., BK Enlarge 1-family dwelling 226-06-BZ Eric Palatnik, P.C. greater floor area, street wall, and APPEALS setback variances even though its Kevin A. Finnegan 110 E. 12th St., MN Appeal DOB revocation refusal 238-06-A Kevin A. Finnegan odd shape might justify some Breezy Pt. Co-op 8 Suffolk Walk, QN Enlarge 1st fl., add 2nd story 239-06-A Walter T. Gorman exceptions. BSA doubted that the Breezy Pt. Co-op 107 Beach 220th, QN Alter, enlarge 1-family dwelling 230-06-A Gary Lenhart, RA increased wall space would dimin- Breezy Pt. Co-op 607 Bayside Dr., QN Appeal DOB decision 229-06-A Sheldon Lobel, PC ish the units’ value since the build- J. Berardi Brookville Blvd., QN Develop in unmapped st. 219-06-A- Adam Rothkrug 225-06-A ing would offer unobstructed views George Smith 2066 Richmond Ave., SI Office building in R3-2 228-06-A Eric Palatnik, P.C. of the city. BSA also questioned Red Sunset Park LLC 28 Sand Court, SI 2-fam. dwell. not on mapped st. 232-06-A Adam Rothkrug Brick’s feasibility study, which Bell Building Corp. 76 Bell St., SI Dwell. not fronting mapped st. 257-06-A Adam Rothkrug claimed the apartments would sell Bell Building Corp. 74 Bell St., SI Dwell. not fronting mapped st. 256-06-A Adam Rothkrug for about $1,000 per square foot. Bell Building Corp. 72 Bell St., SI Dwell. not fronting mapped st. 255-06-A Adam Rothkrug

In response, Red Brick pared EXTEND CONSTRUCTION PERIOD down the proposal to a 120-foot- Medhat M. Hanna 102 Greaves Ave., SI Ext. time for minor development 231-06-BZY Rothkrug Rothkrug tall, 20,555-square-foot building,

138 Volume 3 CITYLAND October 15, 2006 (Sept. 12, 2006) (Deirdre A. Carson, ue, issuing a final determination in the home’s rear yard, side yards, Esq., Greenberg Traurig LLP, for Red 2005 and a C of O in 2006. waterfront yard and chimneys were CITYADMIN Brick). Soni, represented by Stuart A. compliant. Klein, challenged Buildings’ calcu- lation of upland property. Accord- BSA: 37-19 Regatta Place (12-06-A) BOARD OF STANDARDS & APPEALS (Sept. 12, 2006) (Stuart A. Klein, for ing to Soni, the shoreline was an Soni; Angelina Martinez-Rubio, for incorrect reference point for meas- Appeal Buildings). CITYADMIN uring the upland property bound- Douglaston, Queens ary. She argued that under the zon- BSA sustains permits on ing code, a wall built on Mattone’s LANDMARKS PRESERVATION Queens waterfront site lot, not the shoreline, was the prop- er reference point because the wall COMMISSION Buildings granted permits for devel- was a bulkhead built to prevent ero- Certificate of Appropriateness oper’s personal home on Little Neck sion. Measuring from the wall, the Chelsea, Manhattan Bay waterfront. On January 20, amount of developable upland 2006, Buildings issued a certificate property was only 9,020 sq.ft., mak- 15-story high-rise approved of occupancy to developer Carl ing the home’s floor area and lot in Ladies’ Mile District Mattone, the President of Mattone coverage noncompliant. Addition- Group LLC, for his personal home, a ally, Soni claimed that the rear yard, Site currently a parking lot and one- two-story, 5,369-square-foot house opposite the waterfront yard, failed story structure. Roseland Property at 37-19 Regatta Place in Douglas- to comply with a 1982 Buildings Company, developers of a through ton, Queens. The seven-sided, memo since it was less than 20-feet lot between West 21st and West 11,801-square-foot lot lies within a long. Finally, Soni argued that the 22nd Streets within the Ladies’ Mile residential district (R1-2) along the home’s waterfront yard, chimneys Historic District, received a permit south side of Little Neck Bay’s and side yards were noncompliant. to construct a residential building waterfront. The lot is partially Neighborhood residents and State with a 15-story front at 35-41 West underwater with 10,756 sq.ft. of Senator Frank Padavan provided 21st Street and a smaller eight-story developable upland property, as testimony in favor of Soni. front at 38 West 22nd Street. The measured from the shoreline. Buildings attorney Angelina West 21st Street side will feature a During the home’s construc- Martinez-Rubio appeared at the stone, brick, and metal facade with tion, Gordhandas Soni, owner of the hearing, arguing that the shoreline storefront windows and doors at the adjoining lot, protested the was the appropriate reference ground level, while the West 22nd issuance of a construction permit. point. The house complied with Street facade will feature metal win- She disputed the amount of upland zoning because the wall was a dows framed by masonry piers and property, the size of which deter- retaining wall, not a bulkhead. In a glass and metal central bay. The mines floor area and lot coverage response to Soni’s rear yard argu- building will be built on a lot cur- limits. Buildings issued a stop-work ment, Buildings argued that due to rently occupied by two parking lots order, corrected the calculations the lot’s irregular shape, the yard and a one-story commercial build- and allowed construction to contin- was a side yard under the code, not CITYLAND a rear yard. Buildings alternatively Correction: argued that, even if it were consid- The September 15, 2006 issue of City- ered a rear yard, the rear yard Land failed to add that Emily requirements did not apply to Simons, attorney on BSA Case No. waterfront zoning lots. Buildings 351-05-BZ, works at the Law Offices also argued that Soni’s claims of of Howard Goldman. noncompliant chimneys, side yards On BSA Case No. 66-06-BZ, BSA and waterfront yard were without granted the Vaughn College of Aero- merit. nautics a use variance only. After reviewing five land sur- The Whitney Museum, Case. veys, BSA agreed with Buildings and No. 334-05-BZ, received a bulk vari- Mattone, determining that the ance, not a variance from the floor shoreline was the proper reference area limits. Also for clarification, the point since no surveys or records Whitney received a waiver to the commercial frontage requirements characterized the wall as a bulkhead of the Special and because there was no evidence Rendering of the West 21st Street front of that the wall was built to prevent Ladies’ Mile Historic District development. Preservation District. Image courtesy of SLCE Architects. erosion. BSA also determined that

October 15, 2006 Volume 3 CITYLAND 139 ing, which will be demolished. spoke of her community’s recent Jack Taylor from the Drive to struggles to protect P.S. 64 and St. Protect the Ladies’ Mile District Brigid’s Church, and asked that opposed the project, arguing that Landmarks work more closely with aspects of the building design did Buildings to avoid the destruction not fit with the character of the of important historic buildings. neighborhood. Taylor further Landmarks also heard from expressed the concerns of some residents and preservationists who area residents that the project may urged swift landmarking of the eliminate fire escape routes for horse mart and praised it for both adjacent buildings and block exist- its architectural and historical sig- ing adjacent lot-line windows. nificance. Andrew Berman, of the In a unanimous vote, Land- Greenwich Village Society for His- marks approved the project, noting toric Preservation, asked “How that the one-story building to be many structures can conjure up demolished did not possess signifi- The fate of the last remaining horse mart in images of the Vanderbilts purchas- the city, pictured above, is in the hands of cant architectural or historical fea- Landmarks after it held an emergency ing polo ponies, Frank Stella creat- tures. Landmarks noted that the hearing on September 7. Photo: Landmarks ing masterpieces of 20th century Preservation Commission. buildings in these two blocks of the art, and Rosie the Riveter fighting Ladies’ Mile Historic District are studio of painter Frank Stella, was the war on the home front?” Union composed primarily of historic recently purchased by a developer Square Community Coalition’s Jack store and loft buildings, and that the who received a building permit to Taylor recounted the events leading new building will integrate success- construct a seven-story building on to the demolition of the Fiss, Doerr fully into both streetscapes. The the site, but had yet to receive dem- & Carol Horse-Auction Mart, and height of the proposed building olition permits. In response to com- asked that Landmarks preserve relates to the height of the adjacent munity petitioning, Landmarks cal- what may be the last remaining buildings, and the set-back for the endared the building, which halted horse mart in the city. one-story penthouse will maintain the issuance of demolition permits Jay Segal, attorney for the the continuity of the street wall. by Buildings. 3 CityLand 126 (Sept. property owner, Ultimate Realty, LPC: 35 West 21st Street (COFA# 07- 15, 2006). testified that the owner had pur- 0914) (Aug. 17, 2006) (Jed Candreva, Numerous public figures chased the property with the inten- Kramer Levin LLP, for Roseland Proper- spoke in favor of designation or sent tion of constructing a building with ty). CITYADMIN representatives to the hearing, the maximum height and floor area including State Assemblywoman under the area’s zoning, and that LANDMARKS PRESERVATION Deborah Glick, Manhattan Borough millions of dollars had been spent President Scott Stringer, Council for architects and other fees. Segal COMMISSION Member Rosie Mendez, and State stated that it would be far fairer if Senator David Chang. Mendez Landmarks surveyed the city so Hearing East Village, Manhattan LANDMARKS PIPELINE Fate of East Village horse mart uncertain Proposed Designations – September 2006 Emergency hearing held on East Vil- NAME ADDRESS ACTION DATE lage horse stable and auction house. Van Tassel Horse Mart 128 E. 13th St., MN Heard 9/7/2006 On September 7, 2006, less than one George Elkins House 1375 Dean St., BK Calendared; 9/7/2006; month after calendaring, Land- Heard 9/26/2006 marks held a hearing on the possi- NY Cab Co. Stable 318 Amsterdam Ave., MN Calendared 9/19/2006 ble designation of the Van Kearney Mason Stables 348 Amsterdam Ave., MN Calendared 9/19/2006 and Van Tassel Horse Auction Mart Crown Heights N. HD Crown Heights, BK Heard 9/19/2006 at 126 East 13th Street in the East Midwood/Fiske Terr. HD Midwood Pk./Fiske Terr., BK Calendared 9/19/2006 Village. The 1903 Beaux-Arts build- Staten Island Savings 81 Water St., SI Designated 9/19/2006 ing, which has also served as an Keller Hotel 150 Barrow St., MN Calendared 9/26/2006 automobile showroom, a women’s Henry Wyckoff House 159 Charles St., MN Calendared 9/26/2006 assembly-line training center dur- Edwin Brooks House 354 W. 11th St., MN Calendared 9/26/2006 ing the second World War, and the Morse Building 14 Nassau St., MN Designated 9/19/2006

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n owners would know if a building and Park Slope historic districts. An Gough, u of the Society for the Archi- e was “sacrosanct.” upper-class suburb in the 1870s, tecture of the City, added that living At the hearing’s commence- several free-standing Victorian in a historic district “is not so bad,” ment, Landmarks Chair Robert homes still remain in the neighbor- and that Landmarks was usually Tierney stated that the owner and hood. Following the opening of the responsive to residents. Landmarks had reached a “stand- Brooklyn Bridge, developers built In response to residents that still agreement,” where the owner residential Neo-Grecian row houses were concerned over what designa- would not seek to obtain any fur- to accommodate the expanding tion would mean for their property, ther permits, and Landmarks would community. Near the turn of the Landmarks Chair Robert Tierney delay its vote on the designation. If century, Queen Anne and Neo- declared that another community Landmarks designated the horse Romanesque styles began to pre- meeting would be held and widely mart, Buildings would have to deny dominate, which then gave way to publicized. The hearing was closed the demolition application. The the Renaissance Revival style. In the without any further comments by hearing was closed without any 1920s, Crown Heights became a commissioners. comments by commissioners. haven for immigrant communities, and buildings in the LPC: Proposed Crown Heights North LPC: Van Kearney and Van Tassel Horse Tudor, Art-Deco, and Mediter- Historic District (LP-2204) (Sept. 19, Auction Mart, 126 East 13th Street (LP- ranean styles were added. The dis- 2006). 2205) (Sept. 7, 2006). trict incorporates the individually- landmarked Imperial Apartments. LANDMARKS PRESERVATION LANDMARKS PRESERVATION The proposal was calendared in COMMISSION COMMISSION June 2006. 3 CityLand 93 (July 15, 2006). Designation Calendaring Brooklyn Borough President Flatbush/Midwood, Brooklyn Hearing Marty Markowitz, who grew up in Crown Heights, Brooklyn Crown Heights, spoke at the hear- New Brooklyn historic Hearing held on proposed ing in favor of designation. He district to be considered Crown Heights district noted that it was the first hearing on a proposed Brooklyn Historic dis- Landmarks takes first steps towards Neighborhood had originally been trict since Vinegar Hill, designated designation of historic district in surveyed for designation in the in 1997, and that he hoped to attend Flatbush. On September 19, 2006, 1970s. At its September 19th meet- more hearings on Brooklyn desig- Landmarks voted unanimously to ing, Landmarks held a hearing on nations. City Council Members hold a public hearing on the pro- the proposed Crown Heights North Letitia James and Albert Vann also posal to designate 250 single-family Historic District. The district, on urged designation, with James homes in Flatbush, Brooklyn as the land that was once part of the Lef- promising to preserve affordable Midwood Park – Fiske Terrace His- ferts family’s large holdings, had housing within the district. toric District. originally been surveyed in the The few community residents Fiske Terrace features single- 1970s along with the Fort Greene opposing designation were proper- family homes developed from 1905

October 15, 2006 Volume 3 CITYLAND 141 to 1920 by Theodore B. Ackerson on Landmarks Actions Taken in September 2006 a 30-acre, densely wooded estate FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS purchased from George Fiske. In ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D 1905, Ackerson cleared the land, set out streets, installed sewers and September 12, 2006 water lines, and developed over 150 22 Barclay St., MN St. Peter's Church Add access lift, HVAC louvers 07-0102 W/Mod single-family homes within 18 284 Fifth Ave., MN The Wilbraham Reclad penthouse, inst. fence 06-8829 W/Mod Lasker Pool & Rink Const. stair, install gates 06-6530 W/Mod months. Ackerson built uniform 105 Franklin St., MN Tribeca East HD Const. rooftop addition 06-8907 Yes three-story homes in series of ten, 72 Greene St., MN SoHo-Cast Iron HD Const. roof add., inst. infill; 06-8464 Yes using stock plans, but allowed each Report to CPC (mod. of use) 06-8465 Yes owner to vary the exterior details. 4-8 Astor Pl., MN NoHo HD Install windows 06-7807 Yes John Corbin similarly devel- 34 W. 10th St., MN Greenwich Village HD Inst. windows, alt. areaway 07-1194 Yes oped the Midwood Park communi- 2 Charles St., MN Greenwich Village HD Install infill 06-2990 Yes ty, allowing home owners to choose 57 Jane St., MN Greenwich Village HD Leg. awning, lights, doorway 07-0039 W/D from 30 distinct models that used 701 Park Ave., MN Upper East Side HD Construct addition 06-8328 Yes the same materials and construc- 11 E. 74th St., MN Upper East Side HD Mod. door opening, inst. window 07-0016 Yes tion methods. Corbin cut all the 54 W. 74th St., MN Upper West Side/CPW HD Install storefronts 06-4276 W/D needed beams, frames and trims at 45 E. 78th St., MN Upper East Side HD Modify window opening; 07-0273 Yes his East 56th Street factory on Report to CPC (mod. of use) 06-8185 Yes Jamaica Bay and shipped the mate- 167 W. 80th St., MN Upper West Side/CPW HD Replace illegal windows 06-0648 Yes rials to the construction site. Land- 735 E. 166th St., BX Morris High School HD Replace illegal infill 06-3830 Yes marks research staff noted that 402 Pacific St., BK Boerum Hill HD Reconst. facades., const. adds. 07-0078 Yes Corbin’s factory had the capacity to 24 Remsen St., BK Brooklyn Heights HD Demo add., mod. roof add. 06-9028 Yes turn out 1,000 pre-fabricated 365 Waverly Ave., BK Clinton Hill HD Legalize gate and door 07-0349 In Part homes a year. 181 Pacific St., BK Cobble Hill HD Demo garage, const. bldg.; 07-0034; Yes Report to CPC (mod. of use) 07-0036 Yes Landmarks did not set a public 233 Garfield Pl., BK Park Slope HD Legalize windows 02-6641 No hearing date. September 19, 2006 LPC: Proposed Midwood Park – Fiske 117 Hudson St., MN Tribeca West HD Const. rooftop addition 06-4334 Yes Terrace Historic District (LP-2208) 405 , MN Tribeca East HD Const. roof add., storefront 06-8932 Yes (Sept. 19, 2006). 56 Walker St., MN Tribeca East HD Const. roof add., inst. infill 06-6858 Yes 52 Wooster St., MN SoHo-Cast Iron HD Const. 6-story bldg. 06-4185 Yes 37 Barrow St., MN Greenwich Village HD Alter facade 06-8806 Yes LANDMARKS PRESERVATION 50 W. 10th St., MN Greenwich Village HD Alt. facade, const. roof add. 06-6891 Yes COMMISSION 9 1/2 Jane St., MN Greenwich Village HD Alt. facade, replace gate 07-0510 Yes 414 W. 14th St., MN Gansevoort Market HD Const. roof add., storefront 06-7557 Yes Designation 200 Fifth Ave., MN Ladies' Mile HD Const. rooftop addition 06-2909 Yes Manhattan/Staten Island 39 E. 63rd St., MN Upper East Side HD Const. roof add., redo facades 06-6357 Yes 38 W. 83rd St., MN Upper West Side/CPW HD Const. rear yard 06-6353 Yes Landmarks approves two 459 W. 140th St., MN Hamilton Heights HD Const. roof, rear adds. 06-4935 Yes individual landmarks 268 Cumberland, BK Fort Greene HD Construct 5-story bldg. 06-7489 Yes 205 Beverly Rd., QN Douglaston HD Const. house, garage 06-4760 Yes The Morse Building, lower Manhat- September 26, 2006 tan; the Staten Island Savings Bank, 300 Cent. Pk. W., MN Eldorado Apartments Construct addition 06-4192 Yes S.I. Landmarks unanimously desig- 177 Montague St., BK Brooklyn Trust Co. Bank Install illuminated sign 06-8649 W/D nated the two new individual land- 450 Fulton St., BK Namm & Son Dep't Store Replace illegal storefront 07-1703 Yes marks on September 19, 2006. The 53 Warren St., MN Tribeca South HD Ext. Install infill 07-1704 Yes crimson red and black brick terra 110 Hudson St., MN Tribeca West HD Const. roof add., repl. windows 07-0422 Yes cotta Morse Building, located at 451 Broadway, MN SoHo-Cast Iron HD Legalize flagpole 07-0511 W/D Nassau and Beekman Streets in 71 7th Ave. S., MN Greenwich Village HD Legalize storefront, inst. awn. 06-7939 Yes lower Manhattan, was the city’s 20 E. 63rd St., MN Upper East Side HD Inst. infill, alter facade 06-8909 Yes tallest building when constructed in 828 Fifth Ave., MN Upper East Side HD Replace windows 07-1080 Yes 1880. Built by two nephews of 73 W. 68th St., MN Upper West Side/CPW HD Const. rear yard add. 06-8483 Yes Samuel Morse, the inventor of the 175 W. 73rd St., MN Upper West Side/CPW HD Establish master plans for 06-5799; Yes electric telegraph, the building orig- windows, storefronts 06-5801 Yes inally contained office space but 1145 Park Ave., MN Carnegie Hill HD Const. rooftop addition 06-8961 Yes was converted in 1980 to apart- 57 Orange St., BK Brooklyn Heights HD Inst. gate, access ramp 07-0395 Yes ments.

142 Volume 3 CITYLAND October 15, 2006 ting improper use of license num- bers or professional stamps, failing to cooperate with Buildings investi- gations, misusing DOB-issued photo identification cards, altering or removing Buildings property, or attempting to bribe a public employee. Additional provisions would allow Buildings to suspend an architect or engineer for performing Staten Island Savings Bank designated by work in connection with their pro- The Kingsbridge Armory, located on 195th Landmarks. Photo: Landmarks Preservation fession that fails to comply with fed- Street and Jerome Avenue in the Bronx, towers Commission. over the surrounding buildings. eral, state or local laws, and for mis- Photo: Morgan Kunz. In Staten Island, Landmarks representing the status of their designated the 1925-built Staten Buildings applications to anyone 195th Street and Jerome Avenue in Island Savings Bank located on an not affiliated with Buildings. the Bronx. Reportedly the largest angular lot at Water and Beach Streets Buildings also proposed Armory in the world, the main floor in Stapleton. Designed by Delano & amendments making it possible to is larger than a full city block, and is Aldrich, the building features a cast exclude an architect or engineer for comprised entirely of an immense lead dome and a colonnaded portico negligence or incompetence with 300-foot by 600-foot open room angled dramatically to take advan- respect to DOB rules, the zoning with 110 foot ceilings. The building’s tage of the lot’s unique shape. Dol- resolution or the building code, or two basements add an additional phin sconces, scalloped shells and for allowing their staff to falsify cer- 312,000 sq.ft. of space, giving the knotted ropes mark the facade. tificates or forms. entire facility an impressive 575,000 Under the proposal, the Com- sq.ft. The Armory, designated a LPC: Morse Building, 14 Nassau Street missioner of Buildings would have City landmark in 1994, features (LP-2191) (Sept. 19, 2006); Staten Island the power to immediately suspend two towering battlement towers, Savings Bank, 81 Water Street (LP-2201) an architect or engineer to prevent a (Sept. 19, 2006). Romanesque arches, and intricate serious public safety threat. Individ- brick and terra cotta detailing. uals whose privileges have been A task force comprised of City, suspended would have 15 days to state, and federal officials as well as DEPARTMENT OF BUILDINGS request a hearing or the Commis- community stakeholders will facili- sioner’s order would be final. Proposed Rule Amendment tate the selection process. The task Buildings scheduled its public Citywide force is seeking proposals for a hearing on the proposed amend- mixed-use development that will ments for October 6, 2006. DOB proposes to amend complement existing uses in the self-certification rules City Record, Sept. 6, 2006, at 2938. area, provide quality jobs for area Proposal would add grounds to sus- residents, and promote economic pend architects and engineers from growth without directly competing program. Buildings proposed a ECONOMIC DEVELOPMENT with existing businesses. Proposals series of amendments to its rules CORPORATION must consider the nearby “educa- that would expand the grounds for tion mile” where well over 20,000 suspending and permanently Request for Proposals elementary, middle, high school, excluding an architect or engineer Kingsbridge, Bronx and college students attend classes from the professional certification Kingsbridge Armory each day. The taskforce has encour- program and increase scrutiny of proposed for reuse aged bids to include commercial, applications and plans submitted entertainment, recreation, and by those architects and engineers. EDC seeks proposals to convert his- community uses. Residential and New grounds for suspension toric Bronx armory to a mixed-use educational uses are not permitted. and exclusion would include know- facility. On September 26, 2006, the The project should also restore the ing and failing to report that a proj- City’s Economic Development Cor- Armory’s historic facade and incor- ect on which they worked in any poration released a request for pro- porate principles of sustainable capacity had a fraudulent or dis- posals for the sale and redevelop- design. honest application filed with Build- ment of the Kingsbridge Armory The EDC will hold an open site ings. Other grounds include permit- located on the southwest corner of visit on October 19, 2006 and devel-

October 15, 2006 Volume 3 CITYLAND 143 opers must submit responses by Avenue (220-03-BZ) (Feb. 3, 2004). Cooper Station post office was ille- December 14, 2006. CITYADMIN gal since the U.S. Postal Service, as a federal agency, was exempt from New York City Economic Development local zoning laws. Even though Corporation Request for Proposals, COURT DECISIONS Hudson used all but 70 sq.ft. of Kingsbridge Armory, Bronx (Sept. 26, 2006). Cooper Station’s unused develop- Department of Buildings ment rights, the residents argued East Village, Manhattan that the merger would not restrain COURT DECISIONS NYU East 12th Street dorm the Postal Service from demolishing construction can proceed the post office and developing a Board of Standards & Appeals second high-rise building. Resi- Springfield, Queens Court denied request to stop con- dents claimed that the 26-story Court upholds BSA’s denial struction while residents file BSA “mega-dorm” would be 100 feet of variance appeal. East Village residents taller than neighboring East Village sought an injunction to stop con- buildings, dominating the area, BSA legalized existing Queens home- struction of a 26-story dormitory for compromising the area’s historic less housing facility, but denied New York University on an East 12th districts and negatively impacting request to expand facility. In the Street site occupied by the vacant several apartments’ light and air. 1980s, Homes for the Homeless, Inc. and partially demolished St. Ann’s Justice Edward H. Lehner converted an abandoned hotel on Catholic Church. denied the request, ruling that the Rockaway Boulevard near Kennedy Hudson 12th Development court lacked the power to grant an Airport into a 259-bed homeless LLC purchased 120 East 12th Street, injunction when there was a pend- housing facility; a use which con- located mid-block between Third ing BSA proceeding. Lehner ruled flicted with the lot’s manufacturing and Fourth Avenues, from the that the residents must first receive zoning. Over 15 years later, Homes Catholic Church in 2005. It pro- a decision from BSA. The court applied to BSA for variances to ceeded, under an agreement with noted that it seemed unlikely that expand the facility for 91 additional the United States Postal Service, to the residents’ claim would be suc- homeless families and legalize the merge the lot with a lot at 93 Fourth cessful since the residents admitted use. The expansion faced significant Avenue, occupied by the two-story that if the post office lot was owned opposition. Cooper Station Post Office. This by a private party, the residents BSA denied the expansion, but would allow Hudson to count both would have no claim at all. approved the use. Homes then chal- lots into the calculation of the per- St. Ann’s Comm. v. Hudson 12th Devel- lenged BSA’s denial of its expansion mitted size of the NYU dorm devel- op., N.Y.L.J., Sept. 26, 2002, at 22 plans, arguing that it was arbitrary opment on the St. Ann’s site. No (N.Y.Cty.Sup.Ct.) (Lehner, J.). to conclude that Homes’ site and new development would occur at CITYLAND Comment: The resi- plans justified a use variance and the post office site. Hudson then dents filed an appeal with BSA on not the expansion. The lower court received permits from Buildings to September 12, 2006. See BSA agreed, ordering BSA to grant the demolish most of St. Ann’s Church Pipeline on page 138. variance. On appeal, the First and construct a 26-story dormitory Department sent the application for NYU that would use the St. Ann’s back to BSA for reconsideration, spire at its entrance gate. Work COURT DECISIONS noting that BSA failed to consistent- began in July 2006. ly explain how it differentiated East Village residents and com- Planning Commission between the two decisions. 3 City- munity groups filed an injunction Upper East Side, Manhattan Land 15 (Feb. 2006). request, seeking an immediate halt The Court of Appeals reversed Challenge to East 91st trans- to all work while they appealed the and dismissed Homes’ article 78 fer station rebuffed permit to BSA. The residents challenge, finding BSA’s decision claimed that if construction contin- rational and supported by substan- Community claimed the FEIS ued during the BSA appeal, Hudson tial evidence. flawed, the project was a nuisance would complete a substantial and a Bronx facility would be more Homes for the Homeless v. BSA, 2006 NY amount of construction, incurring economical. In June 2005, Sanita- Slip Op 6376, Sept. 12, 2006 (Howard B. huge costs, making a court reticent tion obtained final City approval for Hornstein, for Homes; Michael A. Car- to grant a judgment requiring Hud- construction of a marine transfer dozo, Drake A. Colley, for BSA). son to dismantle the work. station on the site of an inactive BSA: 175-15 Rockaway Boulevard (219- The residents’ complaint waste transfer station at East 91st 03-BZ) (Feb. 3, 2004); BSA: 175-21 149th alleged that the lot merger with the Street and the East River. The

144 Volume 3 CITYLAND October 15, 2006 approval was part of a citywide pro- nity organization, challenged the marine transfer station’s noise, odor posal to make each borough City’s approval, alleging that the and air pollution impacts would responsible for the export of its own City illegally segmented the envi- create a public and private nui- waste. Sanitation’s proposal to reac- ronmental review by not studying sance. The residents argued that, if tivate the site, which it closed in impacts on final freight destina- the City relaxed its policy of making 1999, faced severe opposition and tions, failed to consider the transfer each borough self-reliant, it would the City Council voted it down, forc- station’s impacts when operating at be more economical to use an exist- ing Mayor Bloomberg to veto the maximum capacity within the FEIS, ing truck-to-rail waste transfer sta- denial. 2 CityLand 86 (July 15, 2005); and clashed with the City’s own tion operated by a private company 2 CityLand 52 (May 15, 2006). policies to create a residential dis- in the Bronx. Local residents, business own- trict around East 91st Street. The Justice Michael Stallman ers and ACORN, a national commu- residents also alleged that the denied the residents’ claims and CITYLAND PROFILES

Earth Pledge Executive Director Leslie Hoffman talks about making the city a green place, one roof at a time

anhattan’s first green roof, man points out that a green roof can last dios and another on Gratz Industries, the M installed in 1998, sits on top of the for 50 years where traditional roofs need metal fabrication company owned by the 1902 Georgian townhouse at 122 East replacement after only 15. The Greening family of Landmarks Commissioner 38th Street in Murray Hill, the home of Gotham program envisions a network of Roberta Brandes Gratz, both in Long Earth Pledge, a New York based nonprofit green roofs stretching across the city’s Island City, Queens. The stations collect that promotes green building technolo- skyline, which advocates and researchers data on how green roofs on different gies. Founded by Theodore Kheel to sup- believe could diminish the “urban heat buildings types can cool the building, the port the 1992 United Nations Earth Sum- island effect,” a term used to describe the roof and the air. mit in Rio, Earth Pledge now sponsors the fact that the city is 3 to 6 degrees hotter Under a contract from the City’s Water Greening Gotham program, an initiative to on summer days than its surrounding Board, Earth Pledge built a modeling tool get New York City developers, building suburbs. called the Green Roof Stormwater Model owners, and government officials behind A Greener New York. “New York, like to assess how well a green roof on a spe- green roof installation. Leslie Hoffman, many , is starting to realize that it cific building will retain storm water. New Earth Pledge’s Executive Director, spoke has a serious roll to play in supporting York, like many cities, uses a combined with CityLand about the city’s standing, its green building projects throughout the sewage overflow system that transports policy and turning affordable housing city” Hoffman says. In fact, in 2005 the sewage together with rainwater. Earth green. City passed the Green City Building Act, Pledge says that half the time it rains, Why Green. Hoffman began as a min- which requires that nonresidential proj- sewage overflow is released into the City’s imum wage carpenter in Maine, became a ects costing more than $2 million meet waterways. The Stormwater Model inves- general contractor and moved on to U.S. Green Building Council's silver LEED tigates the impact green roofs’ storm- design green building projects. She holds standards. In the area of green roofs, how- water retention properties can have on a degree in Architecture and Design from ever, Hoffman admits that the city has only this problem. Originally developed for Colorado College, has co-authored green a handful, lagging behind other urban lower Manhattan, the model was expand- technology books and even runs an centers, like Chicago, which boasts over a ed to cover other areas. Results are not organic coffee farm. Hoffman explained million square feet. When her organization publicly available, but Hoffman works with that green roofs are fundamentally light- initially started pushing the idea, Hoffman a wide range of private and public devel- weight, engineered systems of insulation, says there was quite a bit of excitement opers to test proposed green roofs and drainage, soil, and vegetation constructed that narrowed into skepticism as some provide data on how well they will retain on top of a traditional roof. It’s an “an ele- City officials questioned the actual impact storm water. gant solution to common urban prob- green roofs could have on the city due to Helping Others. Under Hoffman, Earth lems,” Hoffman declared, listing green New York’s towering . To prove Pledge also started the Viridian Project, roofs’ ability to boost insulation, cool their effectiveness, Earth Pledge moved which provides technical support for buildings, reduce energy use by 10 to 30 forward on a number of research projects affordable housing developers and non- percent, lower area air temperature, to prove that green roofs can be useful profits on how to start green roofs. Since absorb 80 percent of storm water lessen- locally. its inception, the project has helped build ing runoff, and protect the roof from Collecting Data. Earth Pledge main- seven green roofs, including two in the weather cycles and UV rays. Installation tains two data collecting stations on exist- South Bronx, one in Harlem, and one in adds about $10 per square foot, but Hoff- ing green roofs, one on the Silvercup Stu- Bedford Stuyvesant, Brooklyn.

October 15, 2006 Volume 3 CITYLAND 145 granted the City’s motion to dis- capacity. And since the waste facili- mental review. The court comment- miss. Stallman found the environ- ty operated until 1999 surrounded ed that it would not disregard the mental review sufficient, ruling that by residences and open space, the importance of the equity compo- study of the final freight facilities court found the residents’ policy nent in the City’s plan. was not required and noting that arguments unconvincing. The court Sanitation would have to operate 24 also denied the nuisance claims, Association for Community Reform hours a day, without breaks, at ruling that a claim for a future nui- Now v. Bloomberg, 2006 NY Slip Op emergency staffing levels, to keep sance was, in reality, a challenge to 51750(U), Sept. 19, 2006 (N.Y.Cty.Sup.Ct.) the facility operating at maximum the findings of the project’s environ- (Stallman, J.).

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

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 506 Supp. Housing; E. 221st St., BX Real property tax exemption 9/13/2006 507 Atlantic Avenue Residences, BK Real property tax exemption 9/13/2006 † 508-509 Martin Beck Theater Dev. Rights, MN Zoning text amendment; 9/13/2006 Special permit (101-space garage) 510 Rudy's Bar & Grill, MN Revocable consent (sidewalk cafe) 9/13/2006 511 324 Bowery, MN Revocable consent (sidewalk cafe) 9/13/2006 † 512 Astoria Park Pool & Play, QN Landmark designation 9/13/2006 † 513 Fire Co. 258, H&L 115, QN Landmark designation 9/13/2006 † 514 Public School 64, MN Landmark designation 9/13/2006 † 515 Orchard Beach Bathouse, QN Landmark designation 9/13/2006 † 516 Coignet Stone Co. Bldg., BK Landmark designation 9/13/2006 † 525-527 Tribeca North Rezoning, MN Zoning text amendment; special permit 9/13/2006 (180-space garage) 535 Vernon Ave. Condominiums, BK Real property tax exemption 9/27/2006 536 Vernon Ave., BK UDAAP by HPD (2, 4-story bldgs.) 9/27/2006 537 Mott Haven Sites 5 & 6, BX UDAAP by HPD 9/27/2006 538 Cable Franchises, Citywide Authorizing franchises for cable services 9/27/2006 539 Himrod Street Apartments, BK UDAAP by HPD (6 stories, 34 units) 9/27/2006 540 551 DeKalb Ave., BK UDAAP by HPD 9/27/2006 541 609 Osborn St., BK UDAAP by HPD 9/27/2006 542 798 165th St., BX UDAAP by HPD 9/27/2006 543 1235 E. 87th St., BK UDAAP by HPD 9/27/2006 544 School Construction, BK 630-seat public/intermediate school 9/27/2006 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE † AT&T Building Report to Council on designation MN 1 N070044HKM 9/13/2006 † AT&T Building Interior Report to Council on designation MN 1 N070045HKM 9/13/2006 Ellington on the Park UDAAP by HPD (approx. 134 units) MN 10 C060474HAM 9/13/2006 Riverview Text amendment (202-unit development); QN 7 N060426ZRQ; 9/13/2006 Landfill application C020332MLQ BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 180 Lafayette St., MN Proposed phys. cult. est. (spa) App'd 37-06-BZ Leo Weinberger 482 Greenwich St., MN Construct 11-story mixed-use bldg. App'd 124-05-BZ Greenberg Traurig 495 Broadway, MN Special permit for phys. cult. est. (gym) App'd 336-05-BZ Stuart A. Klein 745 Madison Ave., MN Extension of term (15-space garage) App'd 308-64-BZ Sheldon Lobel P.C. 151 E. 86th St., MN Extension (N.Y. Sports Club); App'd 129-93-BZ; Fredrick A. Becker Amend grant to legalize expansion App'd 130-93-BZ 2100 Bartow Ave., BX Reopen ext. of term (gym) App'd 68-94-BZ Cozen O'Connor 3355 E. Tremont Ave., BX Site modification (add store to gas station) App'd 405-71-BZ Sheldon Lobel P.C. 614 7th Ave., BK Reopen permit, ext. time (5-story apts.) Denied 353-05-BZ Cozen O'Connor 2251 E. 12th St., BK Enlarge 1-family dwelling App'd 10-06-BZ Harold Weinberg 2211 Avenue T, BK Enlarge 1-family dwelling into 2-family App'd 204-05-BZ Harold Weinberg 83 Bushwick Pl., BK Construct 4-story res. bldg. App'd 381-04-BZ Sheldon Lobel P.C. 1-66 Beach 4th St., QN Vested right to continue development App'd 356-05-A; Fredrick A. Becker 357-05-A 37-19 Regatta Pl., QN Revoke permits (1-family dwelling) Denied 12-06-A Stuart A. Klein

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

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

BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 41-23 156th St., QN Const. 3-story, 3-fam. dwelling App'd 34-06-A Victor H. Han 70-10 Austin St., QN Reopen ext. of term (Lucille Roberts) App'd 203-92-BZ Sullivan Chester 129-32 Hook Creek, QN Amend waiver allowing construction of App'd 212-03-A; Eric Palatnik P.C. 1-family dwelling in mapped street 213-03-A 37 Newport Walk, QN Reconst., enlarge 1-family dwelling App'd 135-06-A Joseph Sherry 50-08 88th St., QN Const. 4-story, 4-family dwelling App'd 93-06-A Sheldon Lobel P.C. 44 Victory Blvd., SI Ext. of term (Taco Bell, KFC) App'd 114-94-BZ Ralph Giordano 191 Edgewater St., SI Convert manuf. to apartments App'd 146-04-BZ Joseph Margolis 1320 Richmond Terr., SI Reopen, amend variance (gas station) App'd 1077-66-BZ Carl A. Sulfaro LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 245 Water St., MN South Street Seaport HD Alter 5 bays, repair columns, inst. steps 07-1019 Yes 8/4/2006 53 Warren St., MN Tribeca South HD Ext. Legalize storefront removal 06-6624 No 8/31/2006 141 Duane St., MN Tribeca South HD Replace bulkhead, install windows 07-1828 Yes 9/6/2006 78 Leonard St., MN Tribeca East HD Replace infill, paint columns, repair steps 07-1834 Yes 9/6/2006 90 Franklin St., MN Tribeca East HD Install signage 07-1619 Yes 8/29/2006 50 Howard St., MN SoHo-Cast Iron HD Replace infill 06-8860 Yes 8/16/2006 92 Horatio St., MN Greenwich Village HD Establish master plan for windows 07-1483 Yes 8/28/2006 25 W. 11th St., MN Greenwich Village HD Construct 3-story addition 07-1833 Yes 9/6/2006 471 Sixth Ave., MN Greenwich Village HD Reconst. facade, inst. windows 07-0150 Yes 7/11/2006 221 W. 13th St., MN Greenwich Village HD Const. underground rear add. 07-1491 Yes 8/28/2006 670 Sixth Ave., MN Ladies' Mile HD Rest. facade, inst. infill, signs 07-1383 Yes 8/18/2006 35 W. 21st St., MN Ladies' Mile HD Demo. bldg., const. 15-story bldg. 07-0914 Yes 8/17/2006 52 W. 22nd St., MN Ladies' Mile HD Const. rear add., rooftop add., infill 07-0771 Yes 7/28/2006 14 W. 23rd St., MN Ladies' Mile HD Construct rooftop addition 07-1376 Yes 8/18/2006 39 E. 74th St., MN Upper East Side HD Legalize rooftop addition 06-3372 No 7/14/2006 262 W. 88th St., MN Upper West Side/CPW HD Construct rooftop add., greenhouse 07-0217 In Part 7/19/2006 26 W. 119th St., MN Mount Morris Park HD Install 2 balconies, doors 07-0635 Yes 7/31/2006 18 W. 120th St., MN Mount Morris Park HD Remove add., const. 2-story add. 07-1824 Yes 9/6/2006 15 Mt Morris Pk. W, MN Mount Morris Park HD Inst. access lift, reinstall fence 07-1349 Yes 8/23/2006 473 Hicks St., BK Cobble Hill HD Demo. bldg., const. 4-story bldg. 07-1788 Yes 9/15/2006 4 S. Portland Ave., BK Fort Greene HD Const. deck, replace windows 07-1909 Yes 9/8/2006 470 Washington, BK Clinton Hill HD Construct rear yard addition 07-0366 Yes 9/21/2006 34-88 88th St., QN Jackson Heights HD Legalize security gate, shutters 06-9341 Yes 7/17/2006 Selected New Building Permit Applications – Published by DOB from Sept. 1 – 30, 2006

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

Andrew Pattap, BTM Dev. Partners LLC 651 River Ave., BX 878,373 6/ 91 ft. Fara Tabaei, Bellevue Hospital Center 450 East 29th St., MN 338,751 15/ 229 ft. Harold Jupiter, Madave Properties LLC 220 Central Park South, MN 242,232 41/ 507 ft. John P.Kaiteris, Hanac Inc. 27-40 Hoyt Ave. South, QN 178,312 15/ 136 ft. Robert Masters, Acadia Realty Trust 8719 Ave. D, BK 126,449 1/ 29 ft. Alfred Friedman, Vista Maro LLC 181-25 Eastern Rd., QN 115,000 2/ 35 ft. Lue Ann Eldar, Casita Maria Inc. 928 Simpson St., BX 94,186 6/ 88 ft. Shing Yeung, West 36 Hotel Ventures LLC 341 West 36th St., MN 81,000 25/ 237 ft. Bharat Mehta, 44 Lexington Assoc. LLC 517 Lexington Ave., MN 78,633 24/ 218 ft. Harlan Berger, 16th and 8th LLC 131 8th Ave., MN 74,946 7/ 80 ft. Boris Yadgarov, Curzon Condo. Dev. LLC 116-11 Curzon Rd., QN 74,610 8/ 85 ft. School Construction Authority 963 East 107th St., BK 63,315 4/ 63 ft. James Stanton, Casa 74th Dev. LLC 1431 2nd Ave., MN 62,725 1/ 16 ft. Glauco Lolli-Ghetti, Gaia House LLC 200 11th Ave., MN 59,056 18/ 277 ft. Behrooz Schavolian, 21st Street LLC 23-11 21st Ave., QN 58,640 5/ 48 ft. School Construction Authority 2886 Bedford Ave., BK 52,145 4/ 64 ft. Gene Kiselman 4102 13th Ave., BK 49,000 7/ 70 ft. Asher Alon, 170 Liberty Corp. 37-19 Crescent St., QN 46,868 7/ 70 ft. Steve Alister, Safeguard Storage Ebbits Field 115 Empire Blvd., BK 45,725 3/ 60 ft. Sam Chang, Brisam Staten Island LLC 290 Wild Ave., SI 44,495 5/ 48 ft. Source: DOB Business Information System (BIS) at http://www.nyc.gov/html/dob/html/bis.html. *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.

October 15, 2006 Volume 3 CITYLAND 147 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

Construction work can continue on new 26-story NYU dorm, which will incorporate the front tower of St. Ann’s Church. Photo: Morgan Kunz.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS

CITY LAW BREAKFAST SERIES 2006-2007 Friday, October 20, 2006 HPD Commissioner Shaun Donovan Speaking on “Meeting the Challenges of Affordability: Mayor Bloomberg's New Housing Marketplace Plan” 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 2,120 2002-Present New York City Council Council 1,175 2003-2005 Weil, Gotshal & Manges LLP CPC 610 2003-Present Gibson, Dunn & Crutcher DOB 68 1999-Present Kramer, Levin, Naftalis & Landmarks 1,371 2002-Present Frankel, LLP CITYLAND Loft Board 1,391 1996-Present WWW.CITYLAW.ORG