CITYLAND

MAY 15, 2008 center for city law VOLUME 5, NUMBER 4

CITY COUNCIL Highlights Rezoning Harlem, CITY COUNCIL Council negotiates modifica- 125th Street approved ...... 53 tions to 125th Street rezoning New specs for street trees, yards . .55 Council Members Dickens and Jack- son defend plan despite vocal CITY PLANNING COMMISSION opposition from local residents. Hudson Square North rezoning . .56 On April 30, 2008, the City Council Special Hunts Point Dist...... 57 modified the Department of City Willets Point plan, lawsuit ...... 57 Planning’s plan to rezone the 125th Adjustments to Coney Is. plan . . .58 Street corridor, a 24-block area in the Harlem section of Manhattan. BOARD OF STANDARDS & APPEALS The plan will rezone large por- tions of the east and west ends of the Tenant harassment stops project .59 corridor to encourage arts, enter- Ft. Greene vested right claim . . . . .60 tainment, and retail uses. The plan will also impose height limits, street LANDMARKS wall continuity requirements, and MoMA 75-story tower ...... 60 measures to preserve nearby brown- St.Vincent’s plan under fire . . . . .61 stone neighborhoods. At the Council’s public hearing ECONOMIC DEVELOPMENT CORP. before the Zoning and Franchises subcommittee, Amanda Burden, Coney Island lots for sale ...... 62 Chair of the City Planning Commis- Bellevue Hosp. to become hotel . .63 sion, testified that the plan will Related Co. wins Bronx armory . .63 create Upper Manhattan’s first Hines Realty’s proposed 75-story tower for the inclusionary housing bonus, and Museum of Modern Art would use air rights COURT DECISIONS from two nearby landmarks. See story on page the City’s first Arts Bonus to encour- 60. Image: Ateliers Jean Nouvel. TransGas prepares for appeal . . . .63 age developers to provide space for Union Square Park TRO ...... 65 arts and entertainment uses. Burden able housing, and provide direct also testified that the plan would financial assistance to local busi- CITYLAND PROFILE result in 2 million sq.ft. of office nesses impacted by the zoning Kenneth K. Fisher ...... 64 space and 8,200 new jobs. Burden changes. Lloyd Williams of the concluded her testimony by noting Greater Harlem Chamber of Com- CHARTS that the three Council Members merce, Frank Perry of Manhattan who represent the area, the affected Community Board 10, and Jonelle DCP Pipeline ...... 56 Community Boards, Congressman Procope of the Apollo Theater ULURP Pipeline ...... 58 Charles Rangel and Governor David Foundation all testified in support BSA Pipeline ...... 59 Paterson all backed the plan. of the agreement, but, like Dickens, Landmarks Actions ...... 61 Council Member Inez Dickens, requested further modifications Landmarks Pipeline ...... 62 whose district includes Harlem, sup- to protect the area against out-of- Citylaw.org New Decisions . . .65-67 ported the plan, but suggested character development and the modifications to impose stricter displacement of local residents height limits, ensure more afford- and businesses. (cont’d on page 55)

May 15, 2008 Volume 5 CITYLAND 53 COMMENTARY Patricia Lancaster, Buildings Commissioner, April 2002 – April 2008 Patricia Lancaster resigned as ’s Buildings Commissioner on April 22, 2008. During her commissionership, she earned a reputation as a great reformer and leader of her agency. The Department of Buildings is a document agency where applications, building permits, certificates of occupancy, and interpretations of the zoning code are processed by the thousands. Central to the integrity and the efficiency of the agency is the management of this mountain of paper, and to do so accu- rately over time. She succeeded at regularizing and making transparent the arcane and hidden processes. Her legacy is to have led in the development and implementation of an electronic processing and online retrieval system. Commissioner Lancaster found that Buildings followed procedures a Roman would have used two thousand years ago. Following Mayor Bloomberg’s lead, she left Buildings firmly planted in the electronic age. She said in 2007 when she launched the system that “the paper age is over” at Buildings, and it largely is. Corruption was also a challenge. Commissioner Lancaster worked unceasingly at changing a culture that often seemed to tolerate corruption. With the help of DOI she largely succeeded and was recognized for her efforts by the New York City Conflicts of Interest Board, which awarded her with the Sheldon Oliensis Ethics in City Government Award in May 2007. Her most lasting success, perhaps, was the passage of the new building code, the first overhaul of these essential safely rules since 1968. The new code, made up of the rules for construction, plumbing, fuel gas, and mechanical systems, is now closer to the International Building Code while still preserving the best of New York City’s specific rules. When the new rules take effect on July 1, 2008, the entire City should acknowledge the high level of leadership required to have accomplished this job. Mayor Bloomberg made the revision a priority; Commission Lancaster was the general who made it possible to keep that promise. Ross Sandler CITYLAND

Ross Sandler Lebasi Lashley Kristin Daggan Executive Editor and Director, Art Director Subscription Coordinator The Center expresses appreciation to the individu- Center for New York City Law Petting Zoo Design Caitlin Walsh ’08 Melanie Cash ’02 Shlomit Aroubas ’07 Clint Daggan ’09 als and foundations supporting the Center and its Associate Director Jonathan Reingold ’07 Brent Reitter ’10 work: The Steven and Sheila Aresty Foundation, Managing Editor William Vidal ’07 Research Assistants The Robert Sterling Clark Foundation, Fund for Fellows Sami Y. Naim the City of New York, The Durst Foundation, Editor, CityLand Jesse Denno Staff Writer The Horace W. Goldsmith Foundation, The Murray Publication Prod. Assistant Goodgold Foundation, Jerry Gottesman, The Marc CITYLAND ADVISORY BOARD Haas Foundation, The Prospect Hill Foundation, and The Revson Foundation. Kent Barwick Howard Goldman Carol E. Rosenthal Andrew Berman David Karnovsky Michael T. Sillerman CITYLAN D (ISSN 1551-711X) is published 11 times Molly Brennan Ross Moskowitz ’84 Paul D. Selver a year by the Center for New York City Law at New Albert K. Butzel Frank Munger York Law School, 57 Worth St., New York City, New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mail: [email protected], website: www.city- Stanley S. Shuman, Eric Hatzimemos ’92 Steven M. Polan law.org © Center for New York City Law, 2008. All Chair Michael D. Hess Norman Redlich rights reserved. Printed on recycled paper. Maps CITYLAND Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Joseph B. Rose presented in are from Map-PLUTO Sheila Aresty ’94 William F. Kuntz II Ernst H. Rosenberger ’58 copyrighted by the New York City Department of Harold Baer, Jr. Eric Lane Rose Luttan Rubin City Planning. City Landmarks and Historic Dis- David R. Baker Randy M. Mastro tricts printed with permission of New York City Anthony Coles Frederick P. Schaffer Richard Matasar Landmarks Preservation Commission. Edward N. Costikyan Frederick A.O. Schwarz, Jr. Paul A. Crotty Robert J. McGuire O. Peter Sherwood POSTMASTER: Send address changes to Richard J. Davis Francis McArdle Edward Wallace CITYLAND , 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

54 Volume 5 CITYLAND May 15, 2008 Regina Smith, Executive Direc- The subcommittee voted to radius. The street tree requirements tor of the Harlem Business Alliance, approve the plan with Dickens’ mod- would apply Citywide whenever a testified against the plan out of a ifications. The Land Use Committee property owner constructs a new concern that it would result in high- followed suit the next day. On April building, enlarges an existing build- er property taxes that could price out 30, 2008, the full Council voted 47 to ing by at least 20 percent of floor area, black-owned businesses and local 2 for the plan. or, in certain cases, converts an exist- residents. Smith recommended that ULURP Process: ing building. Industrial property the City create a local development Lead Agency: CPC, Pos. Dec. would be exempt from the new fund, paid for by levying a small tax Comm. Bd.: MN 9, 11, App’d; MN 10, Den’d requirements. Semi-industrial and on new developments, to aid small Boro. Pres.: Den’d auto-service property would be sub- CPC: App’d, 11-2-0 businesses and mitigate displace- Council: App’d, 47-2-0 ject to a lesser requirement. ment. Chair of the subcommittee, City Planning’s yards proposal Council Member Tony Avella, then Council: 125th Street Plan (Apr. 1 and would require property owners to closed the hearing without a vote. 15, 2008); “Points of Agreement,” Office have a minimum percentage, rang- When the subcommittee re- of the Deputy Mayor for Economic ing anywhere from 20 to 50 percent, convened on April 15, 2008, Dickens Development (Apr. 15, 2008). of planted area in front of their announced that she had reached an property. The proposal would pro- agreement with the City to address CITY COUNCIL hibit property owners from paving her concerns with the plan. The plan over their front yards to make room will be modified to reduce the maxi- Text Amendments for additional parking. mum residential density on the Citywide At the subcommittee on Zoning south side of 125th Street from 8.0 & Franchises’ public hearing, City to 7.2 FAR. The City also agreed to Council modifies street trees Planning representatives requested initiate follow-up amendments to and yards specs. that the Council further modify the the plan to reduce the density on street trees proposal so that it would Council Members Tony Avella and the north side of 125th Street from Melinda Katz secure exemption for apply only to newly issued building 12.0 to 7.2 FAR, as well as reduce certain one- and two-family homes permits. Rohit Aggarwala, Director maximum building height from from new street tree requirements. of the Mayor’s Office of Longterm 290 feet to 195 feet. The amend- On April 30, 2008, the City Council Planning & Sustainability, testified ments are intended to assuage con- modified the Department of City that both proposals were critical cerns that the plan would encourage Planning’s proposals to amend the aspects of the Mayor’s PlaNYC 2030 luxury housing that could change zoning requirements for street trees initiative to make the City more Harlem’s character and displace and yards. The proposals are de- environmentally friendly. local residents. signed to create green streetscapes, Several environmental groups The agreement also required increase open space, and ameliorate testified in favor of both proposals, that 46 percent of the projected storm water runoff problems. including the League of Conser- 3,858 total new housing units be Under the old zoning, property vation Voters, the Environmental income targeted, with some units owners were required to plant street Defense Fund, and the Storm Water offered to those earning less than 40 trees in a limited number of special Infrastructure Matters coalition. In percent of area median income. Fur- districts and only under certain con- general, they noted that trees and ther, 700 units would be permanent- ditions, such as when there is new natural surfaces improve air quality, ly affordable, and 350 units would construction in an area. The old zon- reduce the urban heat island effect, carry an affordable purchase option. ing also required only one rear yard manage storm water, and promote Lastly, the City committed to per zoning lot, to be extended along an enhanced quality of life. provide financial assistance to 71 the rear lot line. Council Member Tony Avella, businesses and to various cultural City Planning’s street tree pro- Chair of the subcommittee, and organizations in Harlem, as well as posal would require property owners Council Member Melinda Katz, $6 million towards capital improve- to plant one tree per zoning lot or for Chair of the Land Use committee, ments for Marcus Garvey Park, locat- every 25 feet of street frontage, raised two concerns regarding the ed just south of the 125th Street whichever is greater. When street street trees proposal. First, they corridor. Moreover, local businesses tree planting is infeasible, the prop- argued that it was inappropriate for wishing to relocate will have at erty owner would have to pay the the City to place the burden of their disposal a $1 million fund Parks Department to plant the fulfilling PlaNYC 2030 on property established by the New York City requisite number of trees at an owners. Second, they claimed that Economic Development Corpora- alternate location within the com- City Planning’s request to exempt tion to cover their moving costs. munity district or a one-half mile property owners with existing

May 15, 2008 Volume 5 CITYLAND 55 CITY PLANNING PIPELINE dential conversion of 627 Greenwich Street, as well as the development of a new 80,000-square-foot residential New Applications Filed with DCP — April 1 - 30, 2008 tower at 111 Leroy Street. 5 CityLand APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE 7 (Feb. 15, 2008). ZONING TEXT AND MAP AMENDMENTS At the public hearing, attorney

EDC/HPD Willets Point Dev. Plan, QN Rezone (M1-1, R3-2 to C4-4); text 080381ZMQ; EDC/HPD Jay Segal of Greenberg Traurig, amend. (est. Spec. Willets Pt. Dist.); 080382ZRQ; representing KMG, argued that urban renewal desig.; urban renewal 080383HGQ; plan (resid., retail, hotel, parking); 080384HUQ; Hudson Square North, after a series disp. of City prop. 080385HDQ of BSA variances, was already a pre- DCP Rockaway Rezoning, QN Rezone (280 blocks); text 080371ZMQ; DCP dominantly residential neighbor- amend. (allow R2X); text amend. 080372ZRQ; (allow off-street parking) 080373ZRQ hood. KMG’s environmental con- EDC/HPD Hunters Point So., QN Rezone (map special dist.); text 80362ZMQ; EDC/HPD sultants, AKRF claimed that the pro- amend. (spec. dist., waterfront access); 080363ZRQ; posal would result in the relocation acq. of site; disp. of site (5,000 units) 080364PQQ; 080365HAQ of only 90 jobs. Calvary Baptist Ch. 112-02 Guy Brewer Blvd., QN Rezone (R3-2 to R6A, const. 68 units) 080360ZMQ G. Caliendo PC Representing local business La SPECIAL PERMITS/OTHER ACTIONS Frieda Meats, attorney Eric Palatnik

Amedeo Hotels LP Villard Houses Courtyard, MN Allow open air café 770348CZSM Slater & Becker- testified that active manufacturing man operations in the area were already Mocal Enterprises 1182 Broadway, MN Spec. perm. (resid. conv. 10 flrs.) 080361ZSM Cozen O'Connor infeasible because of the influx of DCAS SI Courthouse Project, SI Spec. perm. (const. 591-space garage); 080380ZSR; DCAS young families, and that rejecting the site selection (courthouse & garage) 080379PSR proposal would not change this real- Presentation Sisters Presentation Circle, SI Spec. perm. (sewer dump station) 080374ZSR Moss & Syad ity. Attorney Stuart Beckerman, rep- SCW West LLC 431 W. 33rd St., MN Cert. (incr. FAR within Hudson Yards) 80367ZCM Patrick W. Jones resenting Kopper Chocolate Com- 16449 CBB LLC 164-49 Crossbay Blvd., QN Cert. (visual corridors, 20-story bldg.) 080368ZCQ Sheldon Lobel PC pany, claimed that the proposal building permits would improperly Amend. (Apr. 17, 2008); Yards Text would benefit local businesses, even reward those who held permits Amend. (Apr. 17, 2008). CPC: Street Tree if they choose to relocate, because it but delayed construction work in Planting Text Amend. (N 080081 ZRY); would increase property values. an attempt to avoid changes in the Yards Text Amend. (N 080078 ZRY) Elected officials testified zoning resolution. (Mar. 24, 2008). against the proposal. Representa- The subcommittee then voted tives for State Assemblymember to exempt property owners wishing CITY PLANNING COMMISSION Deborah Glick and State Senator to enlarge their one- to two-family Thomas K. Duane called the propos- al a “piece-meal” rezoning that homes from the street tree require- Rezoning ments, and required property own- would open the door to a rush of res- ers who renewed their building Hudson Square, Manhattan idential development and under- permit after one year to abide Hudson Sq. rezoning pits mine the commercial tax base. by both new requirements even if owners against tenants Jennifer Barrett, of the New York they obtained the permit prior to Industrial Retention Network, the amendments. Residents and elected officials warn argued that the proposal would against disturbing area’s critical bal- cause the area to lose nearly 2,000 Review Process: ance of uses. On April 23, 2008, the existing and future jobs, along with Lead Agency: CPC, Neg. Dec. City Planning Commission heard 250,000 sq.ft. of sorely needed com- Yards: public testimony on KMG Green- mercial and manufacturing space. Comm. Bd.: BX 2, 9, 10, 14; MN 1, 2, 8; QN 2, wich’s proposal to rezone five and Richard Abel, of Abel Cine Tech, one 3, 4, 5, 7, 8, 9, 13, 14; SI 3, App’d one-half blocks of Hudson Square Boro. Pres: BX, BK, MN, SI, App’d of several media businesses in Hud- CPC: App’d, 11-0-1 North, roughly bounded by Morton, son Square, testified that the propos- Council: App’d, 48-1-0 Hudson, Clarkson, and West Streets. al threatens the area’s growing post- Currently, the area’s zoning production community. Finally, Street Trees: Lead Agency: CPC, Neg. Dec. prohibits as-of-right residential de- Zach Weinstein of Greenwich Village Comm. Bd.: BK 2; MN 1, 2, 5, 8; QN 3, 4, 5, 8, velopment. Under KMG’s proposal, Community Task Force claimed that 9, 14; SI 3, App’d; QN 7, Den’d the area would be rezoned to Hudson Square could not accom- Boro. Pres.: BX, BK, MN, SI, App’d M1-5/R7X, allowing residential, modate more residents, as its public CPC: App’d, 11-0-1 community facility, commercial, schools and sewer system are Council: App’d, 47-2-0 and manufacturing uses. The already overburdened. Council: Street Tree Planting Text proposal would facilitate the resi- The Commission must vote on

56 Volume 5 CITYLAND May 15, 2008 the matter by June 5, 2008. M1-1

C8-1 C8-1 C4-2 C4 CPC: Hearing on Hudson Square North R7-2 C4-4 M1-1 R6 Legend R6 W Rezoning (C 070 575 ZMM – map R7-1 hit M1-2 tie amend.) (Apr. 23, 2008) (Jay Segal, for r St C1-4 KMG Greenwich). M2-1 Soundview Park Av Lafayette

Longfellow Av Garrison Av R6 R5 CITY PLANNING COMMISSION Bro Lon nx gw Riv oo er Bruckner Expressway d A C8-3 v Rezoning Hunts M1-1 l Av andal Point Hunts Point, Bronx 7-2 M1-2 R Hunts Point Food Av Distribution Center M1-2 R3-2

int Av Testimony heard on Special 1-3 Oak PoTiffany St Av E. Bay H Hunts Point District Whitt a

l C3 le

ck M3-1 ier St S

Borough President testified against t the rezoning because of as-of-right Ryawa Av Hunts Point hotel use and “big box” retail provi- Water Pollution East River Control Plant Hunts Point sions. On April 9, 2008, the City Plan- Fish Market ning Commission held a public C8-2 N hearing on the Department of City Feet 0550 1,100 2,200 Planning’s proposal to rezone a 75- Hunts Point Rezoning, Proposed Zoning used with permission of the New York City Department of block area in the Hunts Point section City Planning. All rights reserved. of the South Bronx. The proposed rezoning would establish the Special Director of the Hunts Point Eco- tion and Development began public Hunts Point District, bounded by the nomic Development Corporation, consideration for their proposal to Bruckner Expressway, Halleck Street, echoed Carrion’s concerns, and rezone a 61-acre area in Willets Point. and Ryawa and Oak Point Avenues. noted that hotels and “big box” The area, roughly bounded by The area is characterized by a small retailers would require too much the Van Wyck Expressway, Roosevelt residential district surrounded by parking for the residential portion Avenue, 126th Street, and Northern industrial uses, such as the relocated of the neighborhood. Planning Boulevard, is known as the “Iron Tri- Fulton Fish Market and the Hunts Commission Chair Amanda Burden angle” for its predominantly indus- Point Food Distribution Center, as asked Infante if her objection to trial and auto service-related charac- well as some waste-related uses. large retailers would apply to super- ter. According to EDC, Willets Point is The proposed Special Hunts markets over 10,000 sq.ft. Infante in desperate need of redevelopment Point District would consist of two said it would not. and suffers from extensive environ- subdistricts, one residential and the The Commission has until June mental contamination, numerous other catered to the food industry. 6, 2008 to vote on the proposal. building code violations, poor road According to City Planning, 13 resi- and sidewalk conditions, and limited CPC: Hearing on The Special Hunts storm and sanitary sewer infrastruc- dential lots and 47 commercial lots, Point District (N 080247 ZRX – text representing 31 businesses, do not amend., C 080248 ZMX – map amend.) ture. EDC’s proposal seeks to trans- comply with the proposed rezoning. (Apr. 9, 2008). form this area into a mixed-use dis- 5 CityLand 9 (Feb. 15, 2008). trict complete with residential, retail, At the Planning Commission’s hotel, convention center, entertain- public hearing, a representative for CITY PLANNING COMMISSION ment, and commercial office uses. 4 Bronx Carrion CityLand 165 (Dec. 2007). testified that hotels should not Certification Under the plan, the area would be allowed in areas remote from Willets Point, Queens no longer be zoned M3-1, which central business districts, mass tran- EDC submits Willets Point allows heavy industrial uses that sit, and tourist generators. In addi- redevelopment plan generate noise, traffic, and pollu- tion, he warned that the proposal tants. The proposed C4-4 zoning should prohibit “big box” retail City seeks to create a Special Willets would introduce a range of non- stores from the southern and eastern Point District; local businesses file industrial uses into Willets Point and sides of the residential subdistrict lawsuit. On April 21, 2008, the New increase the maximum FAR from 2.0 because they could adversely impact York City Economic Development to 3.4. the neighborhood. Corporation and the New York City The plan would also create a Josephine Infante, Executive Department of Housing Preserva- Special Willets Point District with a

May 15, 2008 Volume 5 CITYLAND 57 residential zone, a convention center ULURP PIPELINE zone, and a commercial and enter- tainment zone adjacent to CitiField. The Special District would limit the New Applications Certified into ULURP full range of C4 uses, but would allow PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED certain as-of-right developments 443 Greenwich St. Special permit (modify use) MN 1 080313ZSM 4/7/2008 that would otherwise require a spe- Special Surgery Hosp. Spec. per. (const. bldg. over MN 8 060333ZSM; 4/7/2008 cial permit from the Department of FDR Dr.); City map amend. 070171ZSM; (close st.); zoning text amend. 060440MMM; City Planning or BSA, such as a con- (off-street loading reqs.) 070154ZRM vention center, a parking garage with Hunter's Pt. S. Rez. Zoning map amendment; zoning QN 2 080362ZMQ; 4/21/2008 text amendment (est. special dist.); N080363ZRQ; more than 225 spaces, a physical cul- acquisition of prop.; UDAAP & 080364PQQ; ture establishment or gym, and an disp; City map amend. (new 080365HAQ; eating and drinking establishment. street, parkland) 080276MMQ Willets Pt. Dev. Plan Zoning map amend. (R3-2, M3-1 QN 7 080381ZMQ; 4/21/2008 Auto service establishments, which to C4-4); zoning text amend.; N080382ZRQ; currently occupy roughly 80 percent urban renewal area designation; 080383HGQ; disposition of City prop.; City map 080384HUQ; of the lots in the area, would be pro- amendment (elim. 10 streets) 080385HDQ; hibited under the new zoning. 080221MMQ Rockaway Rezoning Zoning map amend. (280 blocks); QN 14 0080371ZMQ; 4/21/2008 Lastly, the plan calls for an zoning text amendment (R2X) N080372ZRQ; Urban Renewal Area, which would N080373ZRQ permit 5.85 million sq.ft. of residen- Staten Island Courthouse Site selection & acquisition of prop.; SI 11 080378PCR; 4/21/2008 special permit (150-space garage) 080379PSR; tial space and 3.16 million sq.ft. of 080380ZSR commercial space. The plan is now with Queens Community Board 7 for CPC: Application - Willets Point Devel- 2008, the City revised its comprehen- its review. opment Plan (080 381 ZMQ – map sive plan to redevelop a 47-acre area Meanwhile, a group of Willets amend., N 080 382 ZRQ – text amend., of the Coney Island peninsula, after Point businesses have filed a lawsuit 080 383 HGQ – est. special district, 080 holding its public scoping meeting against the City, accusing it of pur- 384 HUQ – designate urban renewal two months earlier. posefully neglecting the area in order area, 080 385 HDQ – disp. of property, Initiated by the Department of to drive down the value of their prop- and 080 221 MMQ – City map amend.) City Planning and the New York City erty, which the City will then acquire (Apr. 21, 2008). Willets Point Industry Economic Development Corpora- by eminent domain. The complaint and Realty Assoc. v. New York City, tion, the plan covers 19 blocks of the states that the City’s plans endanger Index No. 1453/08 (E.D.N.Y. April 9, neighborhood, stretching from the 225 businesses that employ up to 2008) (Garaufis, J.) (Michael B. Gerrard, New York Aquarium to West 24th for plaintiffs). 1,800 workers, 90 percent of whom Street, and from Mermaid Avenue to are full-time and 75 percent of whom CITYLAND Comment: On April the boardwalk. The rezoning is live locally in Queens. 21, 2008, 29 Council Members sent a designed to transform the iconic The plaintiffs allege that the joint letter to Deputy Mayor Robert beachfront amusement area into City violated their right to equal pro- C. Lieber in opposition to the Willets an affordable, year-round urban tection and due process by not pro- Point Plan, stating that it is “deeply- amusement and entertainment des- viding them with the same services flawed” because it does not include tination alongside a concentration that it provides similar communities any “guarantees that the displaced of new residential and retail uses. zoned for manufacturing, such as workers and small businesses will be The new plan builds upon the Hunts Point in and Red treated fairly or compensated with 2005 Coney Island Strategic Plan, Hook in Brooklyn. The plaintiffs also meaningful benefits.” created by the Coney Island Devel- claim that the City’s failure to provide opment Corporation. On April 17, certain infrastructure created and CITY PLANNING COMMISSION 2008, Lynn Kelly, President of perpetuated a private and public the Development Corporation, an- nuisance, exemplified by the dust nounced revisions to the plan, from unpaved roads and the flood- Environmental Scope including an increase in develop- ing from inadequate sewers. Lastly, Coney Island, Brooklyn ment opportunities for enclosed the plaintiffs note that prior land use Changes made to Coney amusements, a decrease in new studies of Willets Point, one in 1991 Island rezoning plan mapped parkland from 15 to 9 acres, by the precursor of EDC and another and the opportunity for existing land in 1993 by the Bronx Borough Presi- Planned parkland shrinks; develop- owners to develop their property. dent, placed the City on notice of the ers get more opportunities for en- According to City Planning, area’s deterioration. closed amusements. On April 17, much of the proposed rezoning area

58 Volume 5 CITYLAND May 15, 2008 is currently vacant or underutilized Buildings approved the conversion. apartments before the Administra- due to real estate speculation and When Buildings discovered its mis- tive Code’s requirement that HPD seasonal use. Under the plan, the take, it filed an appeal with BSA approve all conversions of single City would rezone existing C7 and to revoke its approval more than room occupancy units came into R6/C1-2 districts in order to foster nine months after its final determi- effect in 1983. When it purchased the up to 5,000 new housing units and nation, and well after the thirty-day building in a 1996 mortgage foreclo- 500,000 sq.ft. of new retail space. statute of limitations. sure sale, the owner claimed it was The plan would also establish a The owner argued that the told by the mortgagee that a prior Special Coney Island District, with building was reconfigured to Class A owner had converted the single density and height restrictions designed to preserve views. City BSA PIPELINE Planning anticipates that building heights would be limited to 270 New Applications Filed with BSA — April 1 - 28, 2008 feet, equal to the landmarked Para- chute Jump. Lastly, the plan calls for APPLICANT PROJECT/ADDRESS DESCRIPTION APP. NO. REPRESENTATIVE mapping the historic amusement VARIANCES area, located between Keyspan Park Boquen Realty 13 Crosby St., MN Convert 5 floors to res. use 92-08-BZ Juan D. Reyes III and the New York Aquarium, as park- Columbia Prep 36 W. 93rd St., MN Enlarge school 77-08-BZ Howard S. Weiss land in order to permanently pre- SBCSICA 611 E. 133rd St., BX Construct 5-story school 78-08-BZ Flora Edwards serve the area. ZTI Corp. 1501 Pitkin Ave., BK Convert theater to mixed-use 94-08-BZ Howard Goldman, LLC City Planning estimates that Moshik Regev 583 Franklin Ave., BK Const. 4-story dwelling 98-08-BZ Gerald J. Caliendo the rezoning would create more Giuseppe Porretto 117-23 132nd St., QN Const. 1-family dwelling 79-08-BZ Fredrick A. Becker than $2.5 billion of private invest- Naresh M. Gehi 101-17 Lefferts Blvd., QN Convert residences to offices 88-08-BZ Alfonso Duarte ment in the next decade, add $6.5 Hatzolah 621 Beach 9th St., QN Legalize rear yard 76-08-BZ Eric Palatnik, PC billion in tax revenue, and create Worlds Fair Dev. 112-12 Astoria Blvd., QN Const. 6-story hotel 93-08-BZ Rothkrug Rothkrug 20,000 construction jobs and 3,000 Cee Jay Real Est. 102 Drumgoole Rd., SI Const. 3-story, 1-fam. dwelling 99-08-BZ Rothkrug Rothkrug permanent jobs. Cee Jay Real Est. 205 Wolverine St., SI Legalize yard 100-08-BZ Rothkrug Rothkrug Cee Jay Real Est. 103 Beachview Ave., SI Legalize yards, parking 102-08-BZ Rothkrug Rothkrug Coney Island Development Corpora- SPECIAL PERMITS/OTHER ACTIONS tion: Press Release (Apr. 17, 2008); Draft Scope, Coney Island Rezoning (CEQR J. Leshkowitz 1073 E. 24th St., BK Enlarge 1-family dwelling 80-08-BZ Dennis Dell'Angelo No. 08D ME0 07K) (Jan. 11, 2008). Chesky Berkowitz 84 Sanford St., BK Legalize yeshiva in M1-1 97-08-BZ Eric Palatnik, PC Manci Friendland 1497 E. 21st St., BK Enlarge 1-family dwelling 66-08-BZ Sheldon Lobel, PC Jack M. Skaba 3842 Bedford Ave., BK Enlarge 1-family dwelling 67-08-BZ Sheldon Lobel, PC BOARD OF STANDARDS & APPEALS US Columbarium 61-40 Mt. Olivet, QN Special permit (90-ft. radio tower) 69-08-BZ Slater & Beckerman ExxonMobil Co. 67-24 Main St., QN Reinstate variance 84-08-BZ Walter T. Gorman, PE Appeal Braddock Ave. Inc. 222-89 Braddock Ave., QN Special permit (radio tower) 85-08-BZ Slater & Beckerman Tuchman Assocs. 111-26 Corona Ave., QN Special permit (radio tower) 86-08-BZ Slater & Beckerman Manhattanville, Manhattan BNS Properties 104-36 196th St., QN Special permit (radio tower) 90-08-BZ Slater & Beckerman BSA allows Buildings to NAND LP 37-68 97th St., QN Special permit (radio tower) 91-08-BZ Slater & Beckerman revise permit Marjorie Wilpon 1101 Victory Blvd., SI Conv. office to health care fac. 89-08-BZ Eric Palatnik, PC APPEALS Buildings mistakenly issued a certifi- cate allowing conversion of SROs. 515 E. 5th St. LLC 515 E. 5th St., MN Revoke permit to enlg. dwelling 82-08-A Harvey Epstein The owner of a four-story building 514 E. 5th St. LLC 514 E. 6th St., MN Revoke permit to enlg. dwelling 81-08-A Harvey Epstein located at 614 West 138th Street 6701 Realty LLC 6701 Bay Pkwy., BK Rescind stop-work order 95-08-A Blank Rome LLP Harmarnel, LLC 186 Grand St., BK Vested rt. to complete const. 120-08-A Fredrick A. Becker sought to convert single room occu- DOB 3218 Emmons Ave., BK Revoke C of O 83-08-A DOB pancy units to Class A apartments, Breezy Pt. Co-op 208 Oceanside Ave., QN Const. in mapped st. bed 98-08-A Gary D. Lenhart which requires a Certificate of No TOCS Dev. 215 Van Name Ave., SI Vested rt. to complete const. 70-72-A Eric Palatnik, PC Harassment from the New York City S.B. Holding 345 Van Name Ave., SI Vested rt. to complete const. 73-75-A Eric Palatnik, PC Department of Housing Preserva- Joseph Vitacco 119 Johnson Ave., SI N/A 87-08-A Edward Lauria tion and Development before De- Cee Jay Real Est. 205 Wolverine St., SI Const. in mapped st. bed 101-08-A Rothkrug Rothkrug partment of Buildings approval. Rocco Berardi 30-80 Gallant Loop, SI Construct 12 dwellings 121-08-A— Philip L. Rampulla When the owner applied to 132-08-A HPD for a certificate, HPD denied EXTEND CONSTRUCTION PERIOD the request because it found rea- Carlilis Realty 208 Grand St., BK Ext. time to complete dev. 103-08-BZY Fredrick A. Becker sonable cause to suspect tenant Carmel Homes 15-25 Carmella Ct.; Ext. time to complete major dev. 104-08-BZY— Anthony J. Tucci harassment. Despite HPD’s denial, 599-605 Mill Rd., SI 119-08-BZY

May 15, 2008 Volume 5 CITYLAND 59 room occupancy units to Class A not sufficiently complete to vest a LANDMARKS PRESERVATION apartments more than ten years ear- right to continue construction. COMMISSION lier. The owner, however, could not In October 2007, the owner provide any documentation to sup- amended its plans under a post- Air rights transfer port this assertion other than two amendment approval to reflect a Midtown, Manhattan affidavits from neighborhood resi- three-story building, which com- dents. The owner also claimed that plied with the new zoning restric- Proposed MoMA skyscraper the harassment claims were simply tions, and continued as-of-right generates opposition an attempt by tenants to extort construction under the amended Jean Nouvel-designed tower requires money. Lastly, the owner argued that plans. The owner then sought BSA Buildings was time-barred from fil- air rights transfer from two nearby approval to resurrect the original landmarks. The University Club, ing an appeal with BSA. plans under a claim of vested rights, located on the corner of West 54th BSA ruled in favor of Buildings, arguing that it had substantially Street and Fifth Avenue, and St. finding that the affidavits produced completed the demolition, founda- Thomas Church, located at West by the owner lacked specificity tion, underpinning, and the shoring 53rd Street and Fifth Avenue, sought regarding the circumstances sur- of the adjacent property before the Landmarks’ approval for the sale of rounding the alleged conversion. City rezoned the area. The owner their developable air rights to Hines Moreover, BSA ruled that the Code’s Realty. The sale would allow Hines requirements for HPD approval are also claimed that it spent 82 percent of the projected costs for foundation to construct a 75-story mixed-use not ambiguous and that a govern- tower in the vacant mid-block lot work, approximately ten percent of ment agency is not estopped from adjacent to the Museum of Modern the projected total cost, prior to the correcting its own errors. Art. The tower would house MoMA rezoning. Such costs, according to galleries, a restaurant, a hotel, and BSA: 614 West 138th St., Manhattan the owner, could not be recouped residential apartments. (138-07-A) (Apr. 1, 2008) (Mark E. Klein, through a compliant building. for owner; John Egnatios-Beene, for St. Thomas argued that pro- Council Members David Yassky Buildings). CITYADMIN ceeds from the sale would go and Letitia James supported towards an ongoing stained-glass the application. Buildings argued restoration project, while the Uni- BOARD OF STANDARDS & APPEALS against it, however, stating that the versity Club claimed that the sale original permit was superseded by would help mitigate costs related to Vested Rights the post-amendment approval. But structural damage in its basement Fort Greene, Brooklyn when pressed by BSA, Buildings stat- and ground floor. ed that it would not be against a Jean Nouvel testified that the BSA allows construction tower would be consistent with the claim of vested rights if it arose dur- despite rezoning City’s history of skyscrapers and ing the time of the original permit. bring energy to the neighborhood, BSA rules that foundation work was BSA ruled in favor of the owner, sufficiently completed prior to creating a sense of lightness to finding that a valid original permit the existing, low-lying MoMA build- rezoning. In June 2007, the Depart- and the work performed thereunder ing. Hines representatives echoed ment of Buildings issued the owner were the only relevant factors when Nouvel’s testimony by providing of 74 Grand Avenue a permit to con- considering a vested rights claim. renderings that they claimed struct a five-story, 55,000-square- Given the size of the 25,000-square- showed that the proposed tower foot residential building. The pro- foot site, BSA concluded that the would not cast shadows on neigh- posed building, to be located owner completed a significant boring landmarks. between Myrtle and Park Avenues in amount of work prior to the rezon- A representative of Council the Fort Greene section of Brooklyn, ing. BSA also found that the owner Member Daniel Garodnick ex- complied with the zoning require- would not be able to recoup the costs pressed concern that the project ments at the time. The next month, would set a negative precedent, already expended through a building the City rezoned portions of Fort “opening the door to large-scale constructed in compliance with the Greene from R6 to R6B, rendering mid-block development.” A repre- current zoning. the owner’s proposed building out- sentative of State Senator Liz Krue- of-compliance with new height, BSA: 74 Grand Ave., Brooklyn (64-08-A) ger testified against the sale as well, floor area, and FAR restrictions. (Apr. 15, 2008) (Fredrick A. Becker, for claiming that the problems stem- Buildings then determined that the owner; Lisa Orrantia, for Buildings). ming from the proposed tower out- proposed building’s foundation was CITYADMIN weighed the benefits conferred to

60 Volume 5 CITYLAND May 15, 2008 the two landmarks. Manhattan Bor- ough President Scott Stringer’s rep- Landmarks Actions Taken in April 2008 resentative urged Landmarks to FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS “seriously consider the requirement ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D that the new tower and the landmark April 8, 2008 buildings have a harmonious rela- Central Park, MN Central Park Zoo Const. stable, inst. fencing 08-6734 Yes tionship.” Howard Mendes of Man- 503 Broadway, MN SoHo-Cast Iron HD Install storefront infill 08-6561 W/Mod hattan Community Board 5 called 277 W. 4th St., MN Greenwich Village HD Install storefront infill 08-4674 W/Mod the tower’s site an inappropriate 464 W. 145th St., MN Hamilton Heights HD Ext. Legalize awning 05-5785 No mid-block location, and stated that 564 E. 17th St., BK Ditmas Park HD Inst. window, enlg. dormer 08-6151 W/Mod the tower was not needed because 157 6th Ave., BK Park Slope HD Const. bulkhead, mod. windows 08-6907 W/Mod MoMA already owned property that 300 Beverly Rd., QN Douglaston HD Legalize driveway gate 08-5815 W/Mod it could use as exhibition space. April 15, 2008 Nadezhda Williams of the 140 W. Broadway, MN Tribeca West HD Const. rooftop bulkhead 07-8016 Yes Historic Districts Council ques- 470 Broadway, MN SoHo-Cast Iron HD Alt. facade, inst. infill 08-6318 Yes tioned the impact that the develop- 61 Bank St., MN Greenwich Village HD Const. roof, rear adds. 08-2837 Yes 777 Washington St., MN Greenwich Village HD Enlg. roof add., repl. windows 08-6560 Yes ment would have on other nearby 52 W. 21st St., MN Ladies' Mile HD Alt. facade, inst. windows 07-8247 Yes landmarks, such as the Rockefeller 101 W. 81st St., MN Upper West Side/CPW HD Const. rooftop addition 08-3067 Yes Mansion and the Lehman House, 39-46 48th St., QN Sunnyside Gardens HD Encl. porch, repl. fence 08-4785 Yes and stated that the tower would 85-02 37th Ave., QN Jackson Heights HD Install infill, awnings 06-3269 Yes “eclipse and distract from its neigh- April 22, 2008 bors.” Area residents largely opposed 476 Fifth Ave., MN New York Public Library Install signage 08-6850 Yes the project, expressing concern Building 293 Governor's Island HD Demo. hotel, parking lot 08-6564 Yes that it would lead to a heavy increase 13 Worth St., MN Tribeca West HD Const. rooftop addition 08-5525 Yes in pedestrian and traffic conges- 95 Franklin St., MN Tribeca East HD Construct access ramp 08-3802 Yes tion. One resident suggested 281 W. 4th St., MN Greenwich Village HD Modify rooftop addition 08-6470 W/D that if the project came to pass, 404 Sixth Ave., MN Greenwich Village HD Install storefront 06-4428 Yes St. Thomas Church should be 18 Gramercy Pk. S., MN Gramercy Park HD Modify window openings 08-7050 Yes renamed “St. Judas.” 24 Gramercy Pk. S., MN Gramercy Park HD Mod. areaway, inst. access lift 08-4766 Yes 71 W. 23rd St., MN Ladies' Mile HD Legalize flagpoles 08-6166 Yes The Municipal Art Society’s Lisa 3 E. 63rd St., MN Upper East Side HD Const. rooftop addition 07-4048 Yes Kersavage, however, called the pro- 1056 Fifth Ave., MN Carnegie Hill HD Enlg. plant beds, repl. doors 08-5523 W/Mod posed tower “handsome,” and found 147 Willow St., BK Brooklyn Heights HD Replace windows 08-2499 W/D that it would not negatively affect 213 Cumberland St., BK Fort Greene HD Leg. windows, fence, gate 07-7070 No St. Thomas or the University Club. 432 Clermont Ave., BK Fort Greene HD Const. rear yard, rooftop adds. 06-6884 Yes Several other speakers welcomed 120 Warwick Ave., QN Douglaston HD Modify windows, doors 08-6563 Yes the addition of an architecturally sig- nificant building to the neighbor- University Club, 1 West 54th St., Man- million sq.ft. of new residential and hood, with some claiming that the hattan (COFA# 08-6382) (Apr. 8, 2008). hospital space. The plan is arguably tower would itself become a land- the largest ever proposed within an mark in time. One resident testified LANDMARKS PRESERVATION historic district in the history of the that the project “will create a new COMMISSION City’s Landmarks Law. standard of architecture,” while Under the plan, St. Vincent’s another called the project’s pro- and Rudin would demolish nine Certificate of Appropriateness posed tower “a significant addition buildings along Seventh Avenue to midtown Manhattan.” Greenwich Village, Manhattan between West 12th and West 11th Testimony having extended St.Vincent’s proposed expan- Streets, including the O’Toole Build- long past the meeting’s scheduled sion stirs controversy ing, a 1964 structure designed by ending time, Chair Robert B. Tierney Albert Ledner. Ledner, who trained closed the hearing without taking St. Vincent’s made its case for a new under Frank Lloyd Wright, also action or hearing comments from building, while residents expressed designed the National Maritime commissioners. A date for the con- outrage. Landmarks held two public Union building in Chelsea. tinued public meeting has not yet hearings, on April 1st and 15th, The demolished buildings been set. regarding St. Vincent’s Hospital’s and would make room for, and transfer LPC: St. Thomas Church and Parish Rudin Management Company’s development rights to, a 329-foot House, 678 Fifth Ave., Manhattan proposal to build, within the Green- state-of-the-art hospital, a 21-story (COFA# 08-6392) (Apr. 8, 2008); The wich Village Historic District, 1.3 residential tower, and rows of three-

May 15, 2008 Volume 5 CITYLAND 61 CITYLAND Comment: On May 6, 2008, Landmarks asked St. Vincent’s and Rudin to present a new plan that would preserve, rather than demolish, buildings within the historic district.

ECONOMIC DEVELOPMENT CORPORATION

Request for Proposals Coney Island, Brooklyn Stillwell Avenue waterfront lots for sale St. Vincent’s proposed new hospital and residential development in Greenwich Village. Image: Saint Vincent’s Catholic Medical Centers. EDC seeks a commercial building, parking and shuttle service to amuse- story townhouses. The new hospital, characterized the plan as inappro- ment area. The New York City Eco- designed by I.M. Pei’s architecture priate. One resident described the nomic Development Corporation is firm, would consolidate all of St. Vin- residential tower as a “Stalinist seeking proposals for a developer cent’s operations into one building prison without the charm,” while to purchase and develop commer- and feature an egg-shaped terra- another claimed that approval of cial space, with accessory public cotta clad tower. the plan would be an “unforgivable parking, on a 48,600-square-foot site St. Vincent’s attorney, Shelly breach of the whole purpose of an on Stillwell Avenue in Coney Island. Friedman, testified that the historic district.” The site is located three blocks hospital’s current configuration, Given an opportunity to rebut, north of the Stillwell Avenue subway composed of several buildings St. Vincent’s and Rudin representa- station and immediately south of the built at different times for differ- tives claimed that demolishing the Belt Parkway, within the Coney ent purposes, was inefficient and existing buildings was necessary Island Creek Urban Renewal Area. It could not accommodate modern because it was cost-prohibitive to is zoned M1-2 for manufacturing, medical technology. convert them to residential use. retail, recreational, and commercial Elected officials expressed Friedman testified that the plan was uses. Currently, it consists of two sympathy for the hospital’s needs, adjacent lots, one of which is vacant, partially the result of a bankruptcy but had reservations about the the other leased by the City for judgment in which St. Vincent’s plan, namely the extent of demoli- school bus parking. agreed to consolidate its operations, tion and size of the proposed resi- In the last several years, private sell off some of its property, and dential tower. A representative of investment has flowed into Coney build a more efficient hospital that Council Speaker Christine Quinn Island, most notably from retailers ran at a profit. read a letter requesting further mod- such as Home Depot and Staples. Chair Robert B. Tierney closed ifications to the plan. State Assem- Public investment in the area blymember Deborah Glick, however, the April 15th meeting without a includes the $240 million Stillwell took an even stronger stance, calling vote, promising to reconvene in May Avenue subway station and the $35 upon Landmarks to reject the plan to further discuss the matter. million, 7,500-seat Keyspan Park outright and further stated that “the LPC: 20 Seventh Ave., Manhattan stadium. According to EDC, the City ideal redevelopment of this site (COFA# 08-4933); 1 Seventh Ave., Man- has committed over $100 million to would creatively combine new hattan (COFA# 08-4934); 76 Greenwich fund redevelopment in and around development while reusing existing Ave., Manhattan (COFA# 08-4935) (Apr. the 20-block amusement area in landmarked buildings.” 1 and 15, 2008). order to help turn it into a year- Members of the Greenwich Village Society for Historic Preserva- LANDMARKS PIPELINE tion argued that the proposed dem- olition of nine buildings was at odds Proposed Designations – April 2008 with Landmarks’ mandate to protect historic buildings and districts. Local NAME ADDRESS ACTION DATE residents, meanwhile, generally Civil Engineers Clubhouse 220 W. 57th St., MN Heard 4/15/2008

62 Volume 5 CITYLAND May 15, 2008 round entertainment destination. alterations to its interior or exterior EDC encourages potential are subject to New York State Office developers to submit proposals that of Parks, Recreation, and Historic enhance Stillwell Avenue’s role as a Preservation review. Any alterations corridor connecting Coney Island impacting the first floor lobby’s with the rest of the City. Further, any murals, believed to be Works sale of the site will be contingent Progress Administration pieces, upon EDC’s approval of the park- require New York City Art Commis- ing lot uses, including a possible sion approval. shuttle service that would provide The proposed hotel and confer- transportation to and from the ence center would serve Bellevue The 575,000-square-foot Kingsbridge Armory nearby amusement area. EDC also Hospital, the in the Bronx. Photo: Morgan Kunz. notes that environmental mitiga- Medical Center, the anticipated East tion measures may be necessary, as River Science Park, and other insti- consists entirely of an immense the site has a history of contamina- tutions located within the First 180,000-square-foot open room tion, including a petroleum spill. Avenue medical and life sciences with 110-foot-tall ceilings. The EDC set a June 20, 2008 dead- corridor. Because the site is located Armory’s two basements add an line for all responses. within the corridor, it is restricted to additional 312,000 sq.ft. of space, hospital-related, neighborhood re- giving the entire building an EDC: Request for Proposals – Coney tail, and office uses. The winning impressive 575,000 sq.ft. Island Stillwell Avenue (Apr. 4, 2008). developer, therefore, would have to On September 26, 2006, the seek new zoning approvals for the New York City Economic Develop- ECONOMIC DEVELOPMENT hotel and conference center. ment Corporation issued a request CORPORATION EDC set a June 13, 2008 dead- for proposals for the sale and rede- line for all responses. velopment of the historic building. Request for Proposals A task force—comprised of City, EDC: Request for Proposals – Former State, and federal officials, as well as Kips Bay, Manhattan Bellevue Psychiatric Hospital Redevel- community stakeholders—facilitat- opment (Mar. 31, 2008). Bellevue Psychiatric Hospital ed the selection process. The task to become hotel force sought proposals that offered ECONOMIC DEVELOPMENT a mixed-use development to com- Proceeds would help support the CORPORATION plement existing uses and business- operations of the New York City es in the area, provided quality jobs Health and Hospitals Corporation. Request for Proposals for area residents, and promoted The New York City Economic Devel- economic growth. 3 CityLand 143 Kingsbridge, Bronx opment Corporation is seeking pro- (Oct. 15, 2006). posals to develop and operate a Related Companies to rede- Related must now submit its hotel and conference center at the velop Kingsbridge Armory plan to Landmarks and the New York former Bellevue Psychiatric Build- State Historic Preservation Office for Historic armory to become retail cen- ing, located at 492 First Avenue approvals. The plan is also subject to between East 29th and East 30th ter,complete with movie theaters and the City’s land use review procedure. Streets. The winning developer restaurants. On April 21, 2008, the would enter into a 49-year lease City selected Related Companies to EDC: Press Release (Apr. 21, 2008); agreement with the City with two convert the Kingsbridge Armory, Request For Proposals - Kingsbridge 25-year renewal options. Currently, a City landmark located on the cor- Armory (Sept. 26, 2006). the building serves as a homeless ner of 195th Street and Jerome shelter and intake center for the Avenue in the Bronx, into a $310 mil- New York City Department of lion shopping center. The center will COURT DECISION Homeless Services, a use which will include a large department store, up come to an end by June 2009. to 35 smaller shops, a movie theater, Power Station Siting Built in 1931, the nine-story, and restaurants. Greenpoint, Brooklyn 398,420-square-foot building was The Armory features two battle- TransGas still pursuing designed by Charles B. Meyers in the ment towers, Romanesque arches, Greenpoint power plant same Italian Renaissance style as and intricate brick and terra-cotta neighboring buildings. It is eligible detailing. Reportedly the largest TransGas seeks to construct a 1,100 for listing on the State and National armory in the world, the main floor megawatt generating facility on land Register of Historic Places and any is larger than a full City block and that the City intends to convert to a

May 15, 2008 Volume 5 CITYLAND 63 public park. In October 1999, Brook- rezoning also envisioned a 28-acre burg Rezoning Plan. 2 CityLand 67 lyn Community Board 1 submitted park on the waterfront below Bush- (June 15, 2005). plans to the Department of City wick Inlet in Greenpoint. In March The City and TransGas then Planning to rezone the Brooklyn East 2001, TransGas Energy Systems each embarked on condemnation River waterfront in Greenpoint and purchased an option to buy 1 North proceedings for their respective, Williamsburg. The rezoning was in 12th Street, located within the site of mutually exclusive, projects. In response to the decline in manufac- the proposed park, as a site for a November 2006, Second Depart- turing activity and the increase in power plant. In May 2005, the City ment ruled that TransGas lacked the residential demand in the area. The adopted the Greenpoint-Williams- authority to condemn property for CITYLAND PROFILES Kenneth K. Fisher shares his insights on term limits, land use law, and government enneth K. Fisher was born into a Council provided him with a “different limits, if Council Members pursued mis- K political family. The son of Harold approach to land use issues.” While other guided land use policies, they would not Fisher, the former Chairman of the MTA, practitioners may have “more in-depth, be around to accept responsibility for Fisher “didn’t grow up playing golf or technical knowledge” of land use law, their mistakes. tennis” but rather “handing out flyers” at Fisher argues that he “has a good ear for Reshaping the Big Apple. Fisher every election for as long as he can how arguments are likely to be received” recalls how he once wrote a letter to the remember. In fact, his earliest memories by policy makers, which is needed to get New York Times about a fictional agree- consist of “campaigning for Hugh Carey things done. ment between the Mayor and developers and John F. Kennedy.” Same wine, different bottles. Fisher to build a stairway to heaven. Some believes that term limits are “extremely After attaining his law degree from members of the community criticized the Syracuse University, Fisher joined the damaging” and “bad for the City.” The project, decrying it as the onset of New York State Energy Research and “greatest misunderstanding” during unwanted gentrification. Others argued Development Authority, a public benefit the debate over term limits, argues that the stairway would attract “riff-raff” corporation created in 1975 to reduce oil Fisher, is that the incumbency rate of consumption. From there, he joined his Council Members was so great that it into the neighborhood. And everybody family’s law firm, Fisher and Fisher, necessitated government intervention. agreed that the project would increase where he stayed for 15 years. In 1991, Over the ten years he served in Council, traffic. After the letter was published, a voters in Brooklyn Heights, Park Slope, Fisher said that “roughly one-third” of disability-rights activist wrote the Times, and Williamsburg elected Fisher to Council Members left Council for one expressing her outrage that Fisher’s represent them in City Council. After term reason or another. analogy centered around a stairway, limits forced Fisher out of office, he Fisher believes that term limits for which is inaccessible for those persons became Partner of Wolf Block Schorr & Council Members eliminate the “institu- in wheelchairs. Solis-Cohen’s Environmental and Land tional memory” of an important branch of Fisher says that his letter was Use Law practice group. local government. This memory, claims intended to show the atmosphere in A lawyer for Council Member. Fisher, prevents mistakes from reoccur- which land use attorneys operate. Devel- According to Fisher, being a lawyer was ring. For example, Fisher points out that if opers “often see themselves as an both an asset and a liability in Council. there were no term limits, the current artist and the City as a blank canvas.” His legal training taught him to see both scandal over the misappropriation of The problem, says Fisher, is that they sides of an issue, which aids policy public funds may have been avoided don’t pay enough attention to “who gets because some of the Council Members analysis but can exhaust the public splattered with the paint.” Given the because it does “not want to hear, ‘on the who witnessed the effects of past, simi- number of sophisticated interest groups other hand,’ it wants to know where you lar scandals would still be in the Council. in the City, and a savvy media that stand on something right away.” Fisher worries that without an insti- can easily “magnify controversies,” proj- As Chair of the Landmarks, Public tutional memory, the City may pursue Siting, and Maritime subcommittee, Fish- policies that hinder development activity, ects require developers to work with er sought to be a strong advocate for his- which is a dangerous prospect given the attorneys who are “sophisticated about toric preservation. He presided over the dismal economic forecast. Fisher’s communication.” In other words, says designation of several historic districts assessment is that there are currently Fisher, an attorney’s job is to “identify and individual landmarks, and even enough projects in the pipeline to main- the interaction between public and helped establish the first high school pro- tain development activity for the next two private interest and communicate that gram in the City dedicated to historic years. After that, he warns, “development to decision-makers.” preservation. Fisher says that his time at will fall off a cliff” and, because of term — Sami Y. Naim

64 Volume 5 CITYLAND May 15, 2008 its Brooklyn waterfront power plant plans for a $14 million renovation absent approval from the New York of the entire north end of Union State Board of Electric Generation Square Park, with the Union Square Siting and the Environment. 3 City- Partnership contributing $6 million Land 173 (Dec. 2006). for the effort. In March 2008, the Board Under the plan, the park’s pavil- rejected TransGas’ application be- ion would be renovated and used as cause TransGas did not include a a restaurant during the summer and place to locate utility lines on its own portions of the spring and fall. Previ- property, and did not prove that it ously, the City allowed an area south could obtain property rights from of the pavilion to be used for a sea- the City to locate certain storage The City was forced to halt construction on sonal outdoor restaurant until the the pavilion at Union Square Park. Photo: facilities underground. restaurant closed in 2007. The Parks Jonathan Reingold. The next month, TransGas filed Department has already begun work replace the 15 that are slated for an application for a rehearing, around the pavilion. arguing that the City’s authority over Neighborhood residents filed removal. Further, although the proj- City streets and City-owned proper- an Article 78, arguing that the City ect includes the demolition of two ty is subservient to the Board’s was privatizing parkland without playgrounds, the City notes that authority to locate a power plant the required approval of the State it would, upon completion, triple within the City per the State Consti- Legislature in violation of the com- the size of playground space in the tution, Municipal Home Rule Law, mon law doctrine of public trust and the Public Service Law. park’s north end from 5,000 sq.ft. to and State law. The residents also TransGas has announced that 15,000 sq.ft. argued that the project is tanta- it will file an appeal should the Board State Supreme Court Judge refuse to hold further hearings on mount to an amendment to the John E. H. Stackhouse granted a the matter. zoning resolution and, as such, sub- five-day temporary restraining order ject to the City’s land use review on April 21, 2008, prohibiting any New York State Board on Electric process. Lastly, the residents argued construction activities relating to the Generation Siting and the Environ- that the project negatively impacts ment, Application for Rehearing (Case parkland because it calls for the proposed renovation until the City # 01-F-1276) (Apr. 18, 2008) (John W. removal of 15 trees and the demoli- can show cause. Dax, for TransGas). tion of two playgrounds. Union Square Community Coalition v. The City argued that a seasonal COURT DECISIONS New York City Department of Parks and restaurant in the pavilion does not Recreation, Index No. 105578/08 require State approval, as it is well- (N.Y.Cty.Sup.Ct. April 23, 2001) (Reed W. Article 78 established that restaurants in Super, Albert K. Butzel, for Coalition; Union Square, Manhattan public parks are a proper park use. Michael A. Cardozo, Ramin Pejan, The City also stated that the project for City). Union Square Park restau- is not tantamount to a change in rant on hold CITYLAND the zoning resolution because it Comment: On May Judge issued a temporary restraining does not change the layout, size, or 7, 2008, State Supreme Court order, thwarting the City’s plan to structure of Union Square Park or Judge Jane Solomon lifted the TRO, install a restaurant in Union Square the pavilion. Moreover, the project allowing the City to continue con- Park. In 2004, the City announced would add 53 trees to the park, to struction at the park.

New Decisions Added to CITYADMIN www.citylaw.org – April 2008*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE † 1332 Stapleton Court, SI UDAAP by HPD (2 lots) 3/26/2008 † 1333 70 Wyckoff Ave. Rezoning, BK Withdraw zoning map amend. application 3/26/2008 1334 31st St. Rezoning, QN Zoning map amend. (R5 to R6A) 3/26/2008 1335 Early Childhood Ctr., BX School construction (515 seats) 3/26/2008 † 1336 East River Realty, MN Zoning map amend. (M1-5, M3-2 to C4-6) 3/26/2008 † 1337 CB 6 197-a Plan, MN 197-a plan (Murray Hill) 3/26/2008

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

May 15, 2008 Volume 5 CITYLAND 65 New Decisions Added to CITYADMIN www.citylaw.org – April 2008*

CITY COUNCIL (CONT.) RES. NOS. PROJECT DESCRIPTION DATE † 1338-44 East River Realty, MN Zoning text amend. (large-scale devs.); spec. 3/26/2008 perm. (mod. height, setback); spec. perm. (294-space garage); zoning map amend. (C1-9, M3-2 to C5-2); spec. perm. (fl. area, height, setback); spec. perm. (499-space garage); spec. perm. (400-space garage) † 1345 Grand Street Rezoning, BK Zoning map amend. (13 blocks) 3/26/2008 1357 River Rock Apts., BK UDAAP,URA by HPD (9 lots) 4/16/2008 1358 Bradhurst Cluster, MN UDAAP by HPD (102 res. units) 4/16/2008 1359 Council Towers V, MN UDAAP by HPD (1 lot) 4/16/2008 1360 Albany/Herkimer, BK UDAAP by HPD (6 lots) 4/16/2008 1361 2228 Givan Ave., BX UDAAP by HPD (2 lots) 4/16/2008 1362 College Ave., BX UDAAP by HPD (6 lots) 4/16/2008 1363 Prospect/Macy, BX UDAAP by HPD (6 lots) 4/16/2008 1364 L'Ulivo, MN Revocable consent (sidewalk cafe) 4/16/2008 † 1365 REI/Red Cross, MN Zoning map amend. (M1-5 to R8/C2-5) 4/16/2008 1366 Stairwells Text Amend., CW Zoning text amend. (stairwell fl. area) 4/16/2008 1367 Westerleigh Rezoning, SI Zoning map amendment (R3X to R2) 4/16/2008 † 1368 DUMBO HD, BK Historic district designation (91 bldgs.) 4/16/2008 1369 Jennings St., BX UDAAP by HPD (2 lots) 4/16/2008 1370-72 Columbia/Hicks, BK Amend URP (Columbia St.); zoning map amend. 4/16/2008 (M1-1 to R6A, R6B, R7A); dispose City prop. 1373-74 Courtlandt Corners, BX Zoning map amendment (R7-2 to R7A); 4/16/2008 UDAAP & disp. (26 lots) 1375 280 E. 161st St., BX Partial tax exemption 4/16/2008 1376 Parkchester Zoning, BX Zoning text amendment (demolition) 4/16/2008 † 1377-78 REI/Red Cross, MN Zoning text amend. (2, 7-story bldgs.); 4/16/2008 special permit (88-space garage) 1379-81 Roscoe Brown Apts., BX Designate URA (Bathgate); zoning map amend. 4/16/2008 (M1-4 to R8A, C2-4); UDAAP by HPD (6 lots) 1382 Lafayette Ave. Housing, BK UDAAP by HPD (12 lots) 4/16/2008 1383-84 Kingsgate House, MN Amend urban renewal plan; UDAAP & disp. (185 units) 4/16/2008 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE Glen Oaks Library Special permit (maximum fl. area) QN 13 C070362ZSQ 4/9/2008 Lafayette Manor Zoning map amendment (R3X to R5); SI 1 C080198ZMR; 4/9/2008 UDAAP (60 units) C080199HAR 257 South Street Property acquisition (water tunnel) MN 3 C070212PCM 4/21/2008 161-169 E. 110th Acquisition of office space (asthma ctr.) MN 11 N080351PXM 4/23/2008 1 Pierrepont Plaza Acquisition of office space BK 2 N080350PXK 4/23/2008 BOARD OF STANDARDS & APPEALS

ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 312 Fifth Ave., MN Permit PCE (Beach Spa) App'd 285-07-BZ Sheldon Lobel, PC 165 Lenox Ave., MN Permit music studio App'd 221-07-BZ Kramer Levin 66 Bradhurst Ave., MN Permit PCE (NY Sports Club) App'd 10-08-BZ Fredrick A. Becker 64 W. 138th St., MN Appeal (revoke C of O, SRO conversion) App'd 138-07-A DOB 630 W. 168th St., MN Permit 30-ft. signs (Columbia Hosp.) App'd 278-07-BZ Bryan Cave 4025 Laconia Ave., BX Dismiss for lack of prosecution D'missed 289-06-BZ N/A 697 W. 247th St., BX Const. tennis ct. in mapped st. bed App'd 287-07-A Greenberg Traurig 3229 N. Chestnut Dr., BX Const. dwelling not fronting mapped st. App'd 15-08-A Gerald J. Caliendo 3212 Tiemann Ave., BX Const. 4, 2-story dwellings App'd 2-07-A— Sheldon Lobel, PC in mapped st. bed 5-07-A 300 Columbia St., BK Permit 3, 2-fam. dwellings App'd 311-06-BZ— Rothkrug Rothkrug 313-06-BZ 770 McDonald Ave., BK Ext. time to complete const., obtain C of O App'd 617-80-BZ Eric Palatnik, PC

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

66 Volume 5 CITYLAND May 15, 2008 New Decisions Added to CITYADMIN www.citylaw.org – April 2008*

BOARD OF STANDARDS & APPEALS (CONT.) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 1189 E. 29th St., BK Ext. time to complete const. (yeshiva) App'd 34-99-BZ Rothkrug Rothkrug 2614 Avenue L, BK Enlg. 1-fam. dwelling (fl. area, yards) App'd 16-08-BZ Eric Palatnik, PC 1005 46th St., BK Enlg. hospital (Maimonides Med. Cntr.) App'd 145-07-BZ Ackerman Senterfitt 4420 15th Ave., BK Complete const., enlg. synagogue, yeshiva App'd 9-00-BZ Harold Weinberg 74 Grand Ave., BK Vested rt. to complete const.; ext. time App'd; 64-08-A; Fredrick A. Becker to complete const. W/D 208-07-BZY 10 Clinton Walk, QN Enlg. dwelling in mapped st. bed App'd 290-07-A Valentino Pompeo 49 W. Market St., QN Enlg. dwelling in mapped st. bed App'd 267-07-A Gary D. Lenhart 184-20 Union Tpk., QN Permit commercial bldg. in R1-2 dst. App'd 158-07-BZ Rothkrug Rothkrug 246-02 S. Conduit Ave., QN Reopen, extend term (gas station) App'd 710-55-BZ Vincent L. Petraro 212-95 26th Ave., QN Ext. term (amusement arcade) App'd 739-76-BZ Joseph P.Morsellino 87-85 144th St., QN Ext. time to complete const. App'd 231-07-BZY; Sheldon Lobel, PC (16 units, 2 4-story bldgs.) 232-07-BZY 15 Jamaica Walk, QN Enlg. dwelling not fronting mapped st. App'd 18-08-A Gary D. Lenhart 130 Reid Ave., QN Enlg. dwelling not fronting mapped st. App'd 17-08-A Zygmunt Staszewski 48-20 57th Ave., QN Const. warehouse in mapped st. bed App'd 207-07-A Agusta & Ross 105 New Dorp Ln., SI Ext. of term (gas station) App'd 751-60-BZ Fredrick A. Becker LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 127 Fulton St., MN Keuffel & Esser Bldg. Enlg. rooftop add., mod. windows 08-6556 Yes 1/29/2008 60 Hudson St., MN Western Union Bldg. Install bollards, planter boxes 08-8056 Yes 3/28/2008 3 Mitchell Pl., MN Panhellenic Tower Install AC units, paint louvers 08-6265 Yes 3/26/2008 200 E. 66th St., MN Manhattan House Est. master plan (storefronts) 08-8830 Yes 4/17/2008 Central Park, MN Central Park Stables Const. new stable building 08-8706 Yes 4/8/2008 108 South St., MN South St. Seaport HD Remove gate, inst. storefront 08-8557 Yes 4/10/2008 243 Water St., MN South St. Seaport HD Install sign 08-8423 Yes 3/27/2008 48 Warren St., MN Tribeca West HD Remove cladding, inst. facade 08-7164 Yes 2/14/2008 46 Laight St., MN Tribeca North HD Leg. wall removal, const. roof add. 08-8097 Yes 3/17/2008 317 Canal St., MN SoHo-Cast Iron HD Remove, install fire escape 08-8746 Yes 3/25/2008 10 Crosby St., MN SoHo-Cast Iron HD Replace infill, steps 08-8979 Yes 4/21/2008 32 Greene St., MN SoHo-Cast Iron HD Repl. Infill, remove fire escapes 08-8749 Yes 4/18/2008 473 Broadway, MN SoHo-Cast Iron HD Inst. window, stairs, plumbing 08-7555 No 4/3/2008 109 Waverly Pl., MN Greenwich Village HD Re-landscape rear yard, const. dormer 08-8754 Yes 4/10/2008 55 W. 8th St., MN Greenwich Village HD Reconstruct facade, inst. lintels 08-8420 Yes 3/27/2008 13 W. 9th St., MN Greenwich Village HD Remove pavers, const. retaining wall 08-8642 Yes 4/4/2008 548 Hudson St., MN Greenwich Village HD Construct rooftop addition 08-8698 Yes 4/8/2008 414 W. 14th St., MN Gansevoort Market HD Mod. previous C of A (windows) 08-8456 Yes 3/31/2008 16 W. 21st St., MN Ladies' Mile HD Demo. bldg., const. 14-story bldg. 08-8556 Yes 4/10/2008 101 E. 69th St., MN Upper East Side HD Const. 1-story add. (roof terrace) 08-8605 Yes 4/3/2008 143 W. 69th St., MN Upper West Side/CPW HD Enlg. doors, inst. lighting, wall 08-7577 Yes 3/5/2008 70 W. 71st St., MN Upper West Side/CPW HD Const. rear yard addition 08-8457 Yes 3/31/2008 15 E. 91st St., MN Carnegie Hill HD Encl. balcony, inst. windows 08-7643 Yes 2/28/2008 464 W. 145th St., MN Hamilton Heights HD Legalize awning 08-8711 No 4/8/2008 11 Water St., BK Fulton Ferry HD Demo. 3 bldgs. for BK Bridge Park 08-8554 Yes 4/4/2008 609 2nd St., BK Park Slope HD Construct rooftop addition 08-8320 Yes 4/8/2008 564 E. 17th St., BK Ditmas Park HD Install windows, enlarge dormer 08-8968 Yes 4/17/2008 371 Carlton Ave., BK Fort Greene HD Demo. extensions, const. rear add. 08-8745 Yes 4/11/2008 284 Carlton Ave., BK Fort Greene HD Replace facade 08-8828 Yes 4/21/2008 192 Water St., BK DUMBO HD Inst. storefront, repl. doors 08-8781 Yes 3/25/2008 Bldgs. 406-514, BK Fort Totten HD Est. master plan (demo. 19 bldgs.) 08-8627 Yes 4/8/2008 85-02 37th Ave., QN Jackson Heights HD Inst. windows, doors, awning 08-8899 Yes 4/15/2008

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

May 15, 2008 Volume 5 CITYLAND 67 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

TransGas filed papers with the State to revisit its proposal for a power plant on the Brooklyn East River waterfront. See story on page 63. Image: TransGas Energy Systems LLC.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS

14TH ANNUAL ETHICS SYMPOSIUM Sponsored by the Center for New York City Law and the New York City Conflicts of Interest Board Wednesday, May 21, 2008 8:00 a.m. to 1:00 p.m. New York Law School, 47 Worth Street, New York, New York. CLE credit is available. Advance registration is necessary. Contact the Center at www.citylaw.org or by phone at (212)431-2115.

CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support from: AGENCY NUMBER OF YEARS Manatt, Phelps & Phillips, LLP NAME DECISIONS AVAILABLE Speaker Christine Quinn, BSA 2,659 2002-Present Council 1,084 2003-2005 Weil, Gotshal & Manges LLP CPC 878 2003-Present Gibson, Dunn & Crutcher LLP DOB 68 1999-Present Landmarks 1,916 2002-Present Kramer, Levin, Naftalis & Frankel, LLP Loft Board 1,539 1996-Present