CITYLAND

FEBRUARY 15, 2008 center for city law VOLUME 5, NUMBER 1

Highlights CITY COUNCIL Eberhard Faber Hist. Dist...... 1 Columbia, CB 9 saga ends ...... 3 Tuck-it-Away approved ...... 4 Council takes on MSG ...... 4 Kaufman Astoria Studios ...... 5 CITY PLANNING COMMISSION Solow, CB 6 plans modified ...... 6 Hudson Square rezoning ...... 7 Hotel in Lincoln Square ...... 8 BID OK'd ...... 9 Hunts Point Special District ...... 9 BOARD OF STANDARDS & APPEALS

Dyker Heights end-around ...... 10 Local residents lost a lawsuit seeking to stop the Atlantic Yards project from moving forward. See story Avella challenges variance ...... 10 on page 16. Image: Forest City Ratner Companies. Faith trumps zoning ...... 10 LANDMARKS CITY COUNCIL struction of a nine-story addition to, and interior demolition of, 58 Kent DUMBO Hist. Dist. designated . . .11 Street. 4 CityLand109 (Aug. 15, 2007). Designation Ladies' Mile glass tower app’d . . .12 Notwithstanding the permits, Land- Allerton House public hearing . . .13 Greenpoint, marks voted to preserve the Eber- 97-yr.-old synagogue considered .13 Council OKs Eberhard Faber hard Faber buildings as a historic dis- Cobble Hill project rejected ...... 14 Pencil Hist. Dist. trict in October 2007. 4 CityLand 159 American Bank Note Co...... 14 (Oct. 15, 2007). Historic district includes buildings ECONOMIC DEVELOPMENT CORP. At the Subcommittee on Land- from Brooklyn’s bygone industrial marks, Public Siting & Maritime Uses Harlem firehouse for sale, $1 . . . .15 age. On January 30, 2008, the City hearing on January 22, 2008, Diane COURT DECISIONS Council voted to approve Land- Jackier, Director of External Affairs marks’ designation of the Eberhard for Landmarks, testified in support Atlantic Yards Art. 78 dismissed . .16 Faber Pencil Company Historic Dis- of designation and noted the wide- CITYLAND PROFILE trict, located in the Greenpoint spread support the agency received neighborhood of Brooklyn, between from preservationist groups during CM Melinda Katz ...... 16 West and Kent Streets along Green- its public hearing. Council Member point Avenue. The factory buildings CHARTS David Yassky, whose district includes serve as an example of the German Greenpoint, supported the designa- DCP Pipeline ...... 3 Renaissance Revival style, with some tion as well and praised Landmarks ULURP Pipeline ...... 6 buildings dating as far back as the for working to preserve historic sites BSA Pipeline ...... 8 1880s. In 2005, the Department of beyond . Landmarks Actions ...... 11 Buildings issued permits for the The subcommittee unani- Landmarks Pipeline ...... 13 demolition and alteration of some mously approved the designation, Citylaw.org New Decisions . . .17-19 buildings within the district. One sending it to the Land Use Commit- such permit was to facilitate the con- tee, which did the (cont’d on page 3)

February 15, 2008 Volume 5 CITYLAND 1 COMMENTARY In 1975 Mayor Beame opposed traffic pricing; that was a mistake. On September 2, 1975 the federal government, relying on the federal Clean Air Act, demanded that restrict traffic by, among other strategies, putting tolls on the four East River bridges. Two weeks later, Mayor Abraham Beame, then sinking in the red ink of the fiscal crisis, asked the City’s Corporation Counsel to resist tolls by all legal means possible. City experts, he wrote, had advised him that tolling the bridges would increase air pollution from cars queuing at toll booths and wipe out the marginal increase in air quality. The issue became moot when Congress, in 1977, wrote tolls out of the Clean Air Act. Now, more than three decades later, Mayor Bloomberg, reversing Mayor Beame, advocates pricing to man- age traffic, improve air quality and provide financial support for public transit. The impetus this time does not come from the federal government, but from a profound change in the City’s economic circumstances and a new political consensus. Mayor Beame in 1975 believed that tolls would exacerbate the City’s fiscal crisis, and rather hoped for a bailout from the federal government. Mayor Bloomberg has the opposite view. He argues that traffic pricing would strengthen the City’s economy and be one of several important strategies to reduce energy use. Moreover, Mayor Bloomberg has no hope that the federal government will support public transit at sufficient levels. This leaves local government with the job of supporting transit. The Pataki Administration forced this issue by using fare-backed bonds to support the transit capital plan. Fare payers now contribute a significant propor- tion of the costs of the capital program, but fares will not be enough. Hence the need for Mayor Bloomberg’s pricing plan. It is time for the state legislature to agree that locally based traffic pricing, whether with tolls or without, and, however finally designed, offers the best hope of maintaining and expanding the City’s marvelous and life-giv- ing transit system. As between the different visions of the City, Mayor Bloomberg has it right. Ross Sandler CITYLAND

Ross Sandler Lebasi Lashley Caitlin Hannon Executive Editor and Director, Design Director Subscription Coordinator Center for New York City Law The Center expresses appreciation to the individu- Melanie Cash ’02 Shlomit Aroubas ’07 Caitlin Walsh ’08 als and foundations supporting the Center and its Associate Director Jonathan Reingold ’07 Clint Daggan ’09 work: The Steven and Sheila Aresty Foundation, Managing Editor William Vidal ’07 Brent Reitter ’10 Fellows in New York City Law Research Assistants The Robert Sterling Clark Foundation, Fund for Sami Y. Naim the City of New York, The Horace W. Goldsmith Editor, CityLand Jesse Denno Foundation, The Murray Goodgold Foundation, Staff Writer Publication Prod. Assistant Jerry Gottesman, The Marc Haas Foundation, CITYLAND ADVISORY BOARD 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, 2007. 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

2 Volume 5 CITYLAND February 15, 2008 same two days later. The full Coun- CITY PLANNING PIPELINE cil followed suit on January 30, 2008. New Applications Filed with DCP — Dec. - Jan. 31, 2008 Council: Eberhard Faber Pencil Com- APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE pany Historic District, Brooklyn (Jan. 30, 2008). ZONING TEXT AND MAP AMENDMENTS HPD 125th St. Special District Map amend.; text amend. 080099(A)ZMM; HPD 080100(A)ZRM CITY COUNCIL HPD Lafayette Manor, SI Rezone (const. 60 units) 080198ZMR HPD DCP Westerleigh Rezoning, SI Rezone (75 blocks to R2) 080202ZMR DCP Rezoning/197-a Plan Bedrock Group 151-45 Sixth Rd., QN Rezone (M1-1 to R3-2); spec. perm. 080203ZMQ; Kramer Levin (mod. height, ); spec. perm. 080206ZSQ; West Harlem, Manhattan (mod. height, setback, yards); 080207ZSQ; spec. perm. (mod. FAR, open space) 080208ZSQ ’s and Kirsha Mgmt. 3857 Shore Pkwy, BK Rezone (4 bldgs., 350 units) 080211ZMK Cozen O'Connor CB9’s plans approved DCP Grand Street Rezoning, BK Rezone (R6 to R6B/R6A, R6/C1-3) 080213ZMK DCP Last minute effort to delay vote until HPD W. 127th St., MN Rezone (3 bldgs., 229 units) 080219ZMM HPD HPD New Lots Plaza, BK Rezone (C8-1 to R6A/C2-4); 080228ZMK; HPD disclosure of community benefit UDAAP & Disp. (7-story bldg.) 080229HAK package was defeated. On December HPD 3952 Third Ave., BX Rezone (const. 279 units); amend 080233ZMX; HPD 19, 2007, the City Council voted to Urban Renewal Plan 080232HUX approve Columbia University’s and DCP Special Hunts Point Dist., BX Rezone (70 blocks to M1-2); text 080248ZMX; DCP amend. (est. Spec. Hunts Pt. Dist.) 080247ZRX Manhattan Community Board 9’s DCP Sunnyside Gardens, QN Text amend. (mod. FAR, height, yards) 080253ZRQ DCP development plans for West Harlem after the Planning Commission SPECIAL PERMITS/OTHER ACTIONS modified both plans the month West St. Develop. 50 West St., MN Spec. perm. (mod. public plaza) 070415(A)ZSM Fried Frank before. The approval clears the way Sharome Cares, Inc. 206 Parkville Ave., BK Spec. perm. (4-story asst. living) 080235ZSK Sheldon Lobel, PC for Columbia to move forward with Cooper Sq. Realty 25 E. 21st St., MN Spec. perm. (conv. to loft dwelling) 080245ZSM Fredrick Becker its campus expansion into the tra- HPD 226 Fillmore St., SI UDAAP & Disp. (5-story, 60 units) 080199HAR HPD ditionally industrial neighborhood HPD 2228 Givan Ave., BX UDAAP & Disp. (11-story, 70 units) 080217HAX HPD of Manhattanville. HPD W. 127th St., MN UDAAP & Disp. (3 blgs., 220 units) 080220HAM HPD HPD 868 Courtlandt Ave., BX UDAAP & Disp. (7 bldgs.); rezone 080223HAX; HPD Columbia’s plan called for a (R7-2 to R7) 080222ZMX Special Manhattanville Mixed-Use HPD 1421 College Ave., BX UDAAP (6-story, 114 units) 080224HAX HPD District, stretching from West 125th HPD 850 Jennings St., BX UDAAP & Disp. (8-story bldg.) 080227HAX HPD to West 135th Streets, between HPD 853 Marcy Pl., BX UDAAP & Disp. (2 bldgs., 121 units) 080230HAX HPD and the Hudson River. HPD 3952 Third Ave., BX UDAAP & Disp. (6 lots) 080234HAX HPD Within the district, Columbia pro- HPD E. Harlem Cluster, MN UDAAP & Disp. (79 units) 080261HAM HPD posed to construct a 17-acre campus LPC DUMBO HD, BK Hist. dist. designation (91 bldgs.) 080244HKK LPC with a contiguous below-grade facil- NYPD/FDNY Public Safety Call Center, BX Amend City map (est. street) 080197MMX DCP ity, or “bathtub,” to house facility EDC Willets Point Demapping, QN Amend City map (close streets) 080221MMQ EDC support functions. If Columbia is UN Convention Ctr. Pier 94, MN Renew spec. perm. (trade expo.); 080216CMM; Stadmauer Bailkin unable to purchase all necessary renew spec. perm. (waterfront access) 080241CMM property for the bathtub, then the Charles Ahearn 17 Hubert St., MN Spec. perm. (allow loft dwellings) 080249ZSM Philip Parker Empire State Development Corpora- 102 Green St. Realty 102 Green St., MN Spec. perm. (joint living work qtrs.) 080260ZSM Slater & Beckerman tion would acquire it by eminent 42 W. 18th Realty Adorama, MN Spec. perm. (const. mixed-use bldg.) 080266CMM Greenberg Traurig domain on Columbia’s behalf. 4 City- 325 W. 33rd Partn. Hudson Yards, MN Cert. (inc. comm. FAR 10 to 13) 080252ZCM Kramer Levin Land 154 (Nov. 15, 2007). The Com- Crosstown Equities 508 W. 29th St., MN Cert. (no High Line easement req.) 080254ZCM Anderson Kill mission modified and approved Tower 37 LLC 350 W. 37th St., MN Cert. (FAR, const. 208 units) 080259ZCM Bryan Cave Columbia’s plan, limiting the height of certain campus facilities, and mixed-use in the area and requiring and Inez Dickens, both of whom rep- requiring more university housing incentives, rather than mandates, for resent affected constituents, sup- and certain open space specifica- affordable housing. 4 CityLand 171 ported Columbia’s plan. Jackson tions. 4 CityLand 171 (Dec. 2007). (Dec. 2007). argued that it would generate “hun- Board 9’s plan proposed to At the Council’s Subcommittee dreds of millions of dollars” for the encourage new light industrial uses on Zoning & Franchises public hear- community, while Dickens saw it and mandate affordable housing in ing, Council Members focused their as a way to help the area’s small the area. The Commission modified attention on the Columbia plan. businesses. Chair Tony Avella, how- Board 9’s plan, allowing for more Council Members Robert Jackson ever, expressed his discomfort with

February 15, 2008 Volume 5 CITYLAND 3 the eminent domain portion of the two and five-story warehouses, from ULURP Process: plan. Avella also voiced his concern manufacturing to commercial use, Lead Agency: CPC; Cond. Neg. Dec. over the vote’s timing, feeling that the and to voice its opposition to Comm. Bd.: MN 9, Den’d, 16-12-2 Boro. Pres.: Den’d Council was moving too fast on such Columbia University’s expansion CPC: App’d, 9-1-1 an important issue. Despite Avella’s into the area by and through Council: App’d, 48-0-0 sole vote in opposition, the subcom- eminent domain. 4 CityLand 105 mittee approved both plans, sending (Aug. 15, 2007). Council: Tuck-it-Away (Jan. 30, 2008). CPC: Tuck-it-Away (C 060 225 ZMM – them on to the Land Use Committee. The Planning Commission map amend., C 060 226 ZMM – map At the Land Use Committee, rejected three of Tuck-It-Away’s amend., C 060 224 ZMM – map amend., Council Member Charles Barron proposals and significantly modified C 060 223 ZMM – map amend.) (Dec. made a motion to delay the commit- the fourth. The Commission reject- 19, 2007). CITYADMIN tee’s vote, arguing that Council ed three proposals because it be- Members were not informed of the lieved that rezoning to commercial vote until the night before. Barron use only those properties under CITY COUNCIL then, along with Council Members Tuck-It-Away’s ownership, within an Vincent Ignizio, Letitia James, Lewis otherwise manufacturing zoning Property Tax Fidler and Tony Avella, raised con- district, would be tantamount to , Manhattan cerns over the use of eminent “spot zoning.” domain. Barron’s motion was voted Council seeks to end MSG’s The fourth proposal called for tax break down, however, and the committee rezoning two lots, at 3300 Broadway approved both plans. The full and 3320 Broadway, to facilitate the Resolution asks Albany to end Madi- Council followed suit later that day, construction of residential towers son Square Garden’s property tax approving Columbia’s plan with above ground-floor retail or storage exemption. On January 30, 2008, the only five votes in opposition. The space. Under the proposal, the City Council passed a resolution call- Council voted for Board 9’s plan, Claremont Theater, a City landmark ing upon the State legislature to meanwhile, unanimously and with- located at 3320 Broadway, would revoke Section 429 of the State’s Real out controversy. provide development rights for the Property Law, which allows Madison adjacent site. The Commission, Square Garden to receive a full prop- Council: Columbia University/Special however, excluded 3320 Broadway Manhattanville District (Dec. 19, 2007); erty tax exemption. Community Board 9 Manhattan 197-a from the proposal to better conform The exemption dates back to Plan (Dec. 19, 2007). with the newly established Special 1982 and allows the Mayor to negoti- Manhattanville Mixed-Use District ate with the Garden to ensure the created under the Columbia plan. Knicks and Rangers continue to use CITY COUNCIL When the modified proposal the facility because “the presence of reached the Council’s Subcommit- professional major league sports Rezoning tee on Zoning & Franchises on Janu- teams greatly contributes to the gen- Manhattanville, Manhattan ary 22, 2008, Tuck-It-Away’s attorney, eral and economic welfare” of the Tuck-it-Away rezoning Emily Simons, testified that the pro- local community. The exemption approved posal was consistent with both Man- was intended to keep sports teams in hattan Community Board 9’s 197-a the City by easing the economic Proposal modified by Planning Com- plan and Columbia’s expansion plan. burden associated with running a mission to conform to Columbia Uni- She further noted that Nick Sprayre- professional sports facility. Accord- versity’s expansion. On January 30, gen, owner of Tuck-it-Away, was ing to the Independent Budget 2008, the City Council voted to committed to provide affordable Office, the tax break will save Cable- approve mini-storage company housing and retail at 3300 Broadway. vision, which owns the Garden Tuck-it-Away’s proposal to rezone its Before voting on the matter, and both sports teams, $11 million property at 3300 Broadway, located subcommittee Chair Tony Avella during fiscal year 2008. between West 133rd and 134th noted that Council Member Robert The resolution seeks to end the Streets. The rezoning will facilitate Jackson, whose district includes exemption partly because other pri- the development of a mixed-use Manhattanville, supported Tuck-it- vately owned sports teams in other development with 64 residential Away’s proposal. The subcommittee major cities do not receive a similar units. Currently, a three-story ware- then voted unanimously to approve benefit. The resolution also notes house occupies the site. the proposal and sent it to the Land that it is no longer a distinct possibil- Tuck-it-Away originally submit- Use Committee, which approved it ity that both the Knicks and Rangers ted four proposals to rezone five of its on January 24, 2008. The full Council will leave the City. Lastly, the propos- Manhattanville properties, mostly did the same on January 30, 2008. al cites an IBO study that shows the

4 Volume 5 CITYLAND February 15, 2008 Garden is currently financially sound the NBA—and the City’s robust as it hosts over 500 events annually, economy, Council Member Helen CITY COUNCIL which generate rent, concession and Sears argued that the exemption is cable broadcast advertising revenue. no longer needed as neither the Rezoning At the public hearing on Janu- professional sports teams nor the Astoria, ary 7, 2008 before the Council’s City are struggling to stay economi- Kaufman Studios' mixed-use Finance Committee, Thomas Hazin- cally competitive. development OK'd ski, of sports-entertainment consult- Council Member David Yassky, ing firm HVS, testified on behalf of however, opposed the resolution, Development will provide hous- the Garden and argued that it arguing that revoking the exemption ing for studio employees, actors receives less economic support from would set a negative precedent and and other film industry personnel. the City than the Nets and Mets, cast a shadow on similar commit- On January 9, 2008, the City Council which he claimed will receive assis- ments between the City and private voted to approve an application tance valued at $340 million and entities. Council Member Letitia to rezone an eight-lot, former $440 million respectively. Hazinski James agreed, pointing to similar manufacturing area, and build a also urged the Council to delay vot- negotiated agreements between the three-lot, mixed-use development in ing on the resolution until the Gar- City and AIG, Chase, Bear Stearns, Western Queens. den can evaluate the costs of moving Morgan Stanley and other for-profit The development, proposed by to the James A. Farley Post Office corporations. Lastly, Council Mem- Kaufman Astoria Studios and Dam- Complex per the Empire State Devel- ber Miguel Martinez also opposed roc Realty, will be located on 35th opment Corporation’s Moynihan the resolution, claiming that the Gar- Avenue between 34th and 35th Station proposal. 4 CityLand 154 den’s exemption produced no loss to Streets, and consist of two seven- (Nov. 15, 2007). the City, unlike the City’s recent deals story residential buildings with 60 Finance Committee Chair with the Yankees and Mets. residential units, 62 parking spaces, David Weprin, who described the Nevertheless, the Finance 7,800 sq.ft. of ground-floor retail, and exemption as “welfare for the rich,” Committee eventually passed the 3,000 sq.ft. of open space. Currently called the committee’s attention to measure, bringing it before the full located on the site are a coat factory, a recent public statement from Council, which voted to approve it by vacant parking lot and two-story Mayor which claimed that a vote of 40 to 3. dwelling. Because of the site’s manu- the exemption was originally intend- facturing history, the developer will ed to last only 10 years. Pointing to Council: Res. No. 90-A (Jan. 30, 2008); record a restriction against the prop- the Knicks’ net worth—valued at Public Hearing Res. No. 90-A (Jan. 7, erty to test for hazardous materials CITYADMIN over $592 million, the highest in 2008). and, if necessary, take remediation measures in partnership with the New York City Department of Envi- ronmental Protection. The rezoning will affect the area surrounding the development be- tween 34th and 35th Avenues, from to 35th Street. The new C4-2A zoning will allow as-of-right residential and commercial uses, including movie studios, with a max- imum FAR of 3.0 for all uses. The Planning Commission on December 5, 2007 praised the pro- posal, approving it without modifi- cation. The Commission noted that the former M1-5 zoning does not reflect current economic trends, which have transformed the area from a primarily manufacturing neighborhood to one characterized by light industrial, residential and The City Council passed a resolution seeking to end an indefinite property tax exemption for Madi- commercial uses. The Commission son Square Garden. Photo: Copyright Newsday, Inc. Reprinted with permission. found the new zoning more consis-

February 15, 2008 Volume 5 CITYLAND 5 tent with the current scale and use of plans of Solow and Manhattan Com- shared cellar and sub-cellar of the the area and credited Kaufman Asto- munity Board 6 for the former-Con 700 and 708 sites would contain 651 ria Studios for sparking this revital- Edison site on Manhattan’s East Side, public and 499 accessory parking ization with its current complex, located along First Avenue between spaces. In addition, the plan calls for which includes restaurants, movie East 35th and 41st Streets. Solow’s a 3.2-acre landscaped public plaza, theaters, the Museum of the Moving plan called for a mixed-use develop- open from 6am to midnight, to be Image, as well as residential and ment consisting of new high-rise located across the street from 685 office space. towers, parking facilities, and pub- First Avenue between 700 and 708 At the City Council’s Zoning & licly accessible open space. Board 6’s First Avenue. Solow also included a Franchises Subcommittee hearing plan, meanwhile, called for height, 630-seat public school and children’s on January 7, 2008, Council Member density, and parking restrictions as playground as part of its plan. Eric Gioia complimented the devel- well as more open space, particular- To facilitate construction of its opers on their project and remarked ly along the waterfront. 4 CityLand large-scale, high-density, mixed-use that Astoria is “undergoing a renais- 172 (Dec. 2007). development, Solow proposed to sance.” He then cited as examples of At 685 First Avenue, between rezone the site and amend various this resurgence the new Frank Sina- East 39th and East 40th Street, Solow sections of the zoning text, including tra School of the Arts, the growth of proposed to build a predominantly modifications to height and setback the film industry, and the gradual residential 721-foot tower. On the regulations, as well as a unique inclu- shift away from manufacturing east side of First Avenue, at 700 First sionary housing bonus that does not activity. Council Member Robert Avenue, Solow proposed three pre- conform to bonuses for similar Jackson asked the developers dominantly residential sheer-rise developments in the City. whether they would offer a commu- towers with heights of 705, 650, and The Commission voted to nity preference for the condomini- 606 feet. To the north of 700 First approve Solow’s plan, but modified it ums, to which Joseph P. Morsellino, Avenue, at 708 First Avenue, Solow significantly. It reduced the height of the developers’ attorney, replied proposed a 47-story commercial the proposed tower at 685 First that his clients were currently unde- tower with a height of 688 feet. The Avenue, the westernmost portion of cided but would work with Queens Community Board 1 on the matter. ULURP PIPELINE The subcommittee and Land Use Committee approved the appli- New Applications Certified into ULURP cation on January 7th and 8th, respectively, before the full Council PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED followed suit on January 9, 2008. 40 Walker St. Special permit (res. use, retail) MN 1 080001ZSM 12/17/07 14 W. 40th St. Spec. permit (mod. height, setback) MN 5 080042ZSM 12/17/07 ULURP Process: Lead Agency: CPC; Cond. Neg. Dec. The Centurion Special permit (76-space garage) MN 5 070577ZSM 12/17/07 Comm. Bd.: QN 1, App’d, 34-1-1 Grand St. Rezoning Zoning map amend. (13 blocks) BK 1 080213ZMK 12/17/07 Boro. Pres.: App’d Dollar Thrifty Auto Spec. permit (conv. to pub. parking) QN 3 060218ZSQ 12/17/07 CPC: App’d, 12-0-1 Westleigh Rezoning Zoning map amend. (R3X to R2) SI 11 080202ZMR 12/17/07 Council: App’d, 46-0-3 Lafayette Manor UDAAP (60 units); zoning SI 11 080199HAR; 12/17/07 map amend. (R3X to R5); 080198ZMR; Council: Astoria Studio Apartments auth. (mod. setback, height) N080200ZAR (Jan. 9, 2008). CPC: Astoria Studios Hudson Sq. Rezoning Rezoning (5.5 blocks) MN 2 070575ZMM 1/7/08 Apartments (C 050 491 ZMQ – map 52-54 Wooster St. Special pemit (modify use) MN 2 070159ZSM 1/7/08 amend.) (Dec. 5, 2007). CITYADMIN 310 W. 38th St. Zoning text amendment; special MN 4 N070462ZRM; 1/7/08 permit (400-space garage) 070463ZSM 316 11th Ave. Garage Spec. perm. (108-space garage) MN 4 070233ZSM 1/7/08 CITY PLANNING COMMISSION W. 127th St. UDAAP (229 units); MN 10 080220HAM; 1/7/08 zoning map amendment 080219ZMM Courtlandt Corners UDAAP; disposition of City BX 1, 3 080223HAX; 1/7/08 Rezoning, Spec. Perm./197-a Plan prop.; zoning map amendment 080222ZMX; (R7-2 to R7A) for mixed-use bldg. N080246HCX Murray Hill, Manhattan Spec. Hunts Pt. Dist. Rezoning (70 blocks); text amend. BX 2 080248ZMX; 1/7/08 Commission approves Solow, (est. Spec. Hunts Pt. Dist.) N080247ZRX Roscoe Browne Apts. Amend Bathgate URP; BX 3 080232HUX; 1/7/08 CB6 plans rezone (M1-4 to R8A, C2-4); 080233ZMX; UDAAP,disp. (6 lots) 080234HAX Solow plan to include affordable 850 Jennings St. UDAAP (103 units) BX 3 080227HAX 1/7/08 housing, open space. On January 28, Westchester Rezoning Amend zoning map (R5 to R6) BX 9 050172ZMX 1/7/08 2008, the Planning Commission New Lots Plaza UDAAP (87 units); zoning BK 5 080229HAK; 1/7/08 voted to approve the development map amend. (C8-1 to R6A/C2-4) 080228ZMK

6 Volume 5 CITYLAND February 15, 2008 the site, to 600 feet and required BAR additional retail frontage in order to ROW ST better relate to the surrounding Pier 42 neighborhood. At 700 First Avenue, MOR M TON ST the Commission capped the towers 1-5/R7X at 80 percent of the proposed height LERO until Solow provides affordable Y ST units, to ensure the developer Pier 40 CLARK includes such units in the early phas- SON ST es of development. The Commission M1-1-5 W HOUS also modified the plan to keep the TON ST

T

S public plaza open longer and dou- S

N A K C O IN G ST I T T M G ER bled the size of the proposed play- S 1-6 N M T I T A S H S

E S E

N A H W ground. Lastly, the Commission O T

W T S F T CH S AR D LTO O S N S K T U E M2-4M2-4 H H C reduced the number of public park- I V

C I R A

A

W

V

N ing spaces at the 700 First Avenue site E E VA R N DAM ST to 400 in order to address Board 6’s G Pier concerns over parking and its effect 36 on traffic. SPRIN CAC6 G ST At the vote, the Commission -2A

CANAL T DO ST M T S INICK S approved the modified Solow plan in T S K

K C

I P R ie A r 3 W 4 L full, but Commissioners Angela Cav- N

C E B R RO aluzzi and Karen A. Phillips OME ST WA TTS ST M 1-6 approved only the affordable hous- WA TTS ST ing component of the plan and voted D ESBROS SESST C against the rest of it, citing their con- A N A L T S T S cerns over the proposed heights and VESTR S T Y ST A

S C I E T

T R S

W S E densities of the Solow towers. T N M H S O A C

T I N E

G O W H

Chair Amanda Burden also N S N I T

D E H F

U E S O

H R A E announced modifications to Board G Hudson Square North Rezoning.W Proposed Zoning used with permission ofV the New York City Depart- 6’s plan, arguing that while the Com- ment of City Planning. All rights reserved. mission agrees with many of the laudable goals proposed by the (Jan. 28 2008); Manhattan Community tial as well as the development of a Board 6 197-a Plan (N 060 273 NPM) new 80,000-square-foot residential Board, the Commission believes CITYADMIN they can be achieved through differ- (Jan. 28, 2008). building on 111-115 Leroy Street. ent measures and in a manner that In 2002, a Department of City stimulates innovative development. CITY PLANNING COMMISSION Planning study on land use condi- The Commission pointed out that tions and trends in Hudson Square Board 6’s plan called for shorter, Certification recommended that the City rezone squatter buildings, which increased West Village, Manhattan portions of the historically industrial the footprint of the development’s area to allow residential use. City towers, thus decreasing the acreage Hudson Square North Planning proposed such a rezoning of open space to just one acre. Board rezoning on the horizon in 2003, which the Commission 6 currently has the least amount of approved. The City Council, howev- open space per capita in Manhattan. Plan seeks to address pressure for res- idential development in the area. er, excluded from the plan the north- Both plans are now with the ern portion of Hudson Square, the City Council for its review. On January 7, 2008, the Planning Commission launched public con- same portion which is the subject of CPC: East River Realty Company and sideration regarding KMG Green- KMG’s proposal, because of con- First Avenue Properties Development wich’s proposal to rezone a five and a cerns that the proposed rezoning (C 070 531(A) ZSM – spec. perm., C 070 half block northern portion of Hud- would have a detrimental impact on 522 ZMM - map amend., C 070 523(A) son Square, roughly bounded by the nearby Mitchell-Lama develop- ZSM – spec. perm., C 070 525 ZSM – Morton, Hudson, Clarkson, and West ment known as the West Village spec. perm., N 070 527 ZCM – cert., C Houses. The West Village Houses, 070 529 ZMM – map amend., N 070 Streets. The proposed rezoning 530(A) ZRM – text amend., C 070 533 would facilitate the conversion of the however, are no longer part of the ZSM – spec. perm., C 070 534 ZSM – building located at 627 Greenwich Mitchell-Lama program, clearing spec. perm., N 070 546 ZCM – cert.) Street from commercial to residen- the way for a re-analysis of the issue.

February 15, 2008 Volume 5 CITYLAND 7 Under KMG’s plan, the area BSA PIPELINE would be rezoned as an M1-5/R7X district to allow a maximum FAR of New Applications Filed with BSA — Dec. 10, 2007 - Jan. 28, 2008 5.0 for residential, community facili- APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE ty, commercial, and manufacturing VARIANCES uses. Under the current zoning, new Little Red School 40 Charlton St., MN Const. rear add. (yards, lot cov.) 13-08-BZ Bryan Cave LLP residential development is not per- 774 Schenk Prop. 774 Schenk Ave., MN Const. 2, 2-family dwellings 282-07-BZ; Sheldon Lobel, PC mitted as-of-right. According to within 1 zoning lot 283-07-BZ Tifereth Torna Eliezer 1912 New York Ave., BK Permit synagogue, res. use 291-07-BZ Eric Palatnik, PC KMG’s environmental assessment, Joseph Vitacco 555 Foster Rd., SI Const. 1-family dweling (yards) 09-08-BZ Rampulla Assocs. the rezoning would likely result in SPECIAL PERMITS/OTHER ACTIONS the displacement of 20 businesses K.S. Realty 52 E. 13th St., MN Legalize PCE (Crunch) 284-07-BZ Wachtel & Masyr and 413 employees. Cimantob Realty 312 Fifth Ave., MN Legalize phys. cult. est. 285-07-BZ Sheldon Lobel, PC Manhattan Community Board ESDC 105 W. 125th St., MN Permit phys. cult. est. 12-08-BZ Sheldon Lobel, PC 2 will hold a public hearing on the NYC Partnership 66 Bradhurst Ave., MN Permit PCE (NY Sports Club) 10-08-BZ Fredrick A. Becker Isaiah Florence 2614 Avenue L, BK Enlarge dwell. (fl. area, space) 16-08-BZ Eric Palatnik, PC proposal February 14th and vote on Elie Zeitoune 1958 E. 13th St., BK Enlg. 1-fam. dwelling (yards) 14-08-BZ Sheldon Lobel, PC the matter February 21st. Chaya Falah 1960 E. 4th St., BK Enlg. dwelling (Ocean Pkwy.) 281-07-BZ Fredrick A. Becker Audrey Grazi 3573 Bedford Ave., BK Enlg. 1-fam. dwelling 11-08-BZ Fredrick A. Becker CPC: Application - Hudson Square S. Dill-Darby 129-01 Merrick Blvd., QN Legalize phys. cult. est. 286-07-BZ Sheldon Lobel, PC

North Rezoning (C 070 575 ZMM - map APPEALS amend.) (Jan. 7, 2008) (Greenberg Trau- Joseph Cohen 3229 N. Chestnut Dr., BX Dwelling not fronting mapped st. 15-08-A Gerald J. Caliendo rig, LLP, for KMG Greenwich LLC). Jack Bendheim 697 W. 247th St., BX N/A 287-07-A Greenberg Traurig Dikeman Realty 158 Dikeman St., BK Legalize bldg. in mapped st. 280-07-A Mango & Iacoviello Breezy Pt. Co-op 10 Clinton Walk., QN Enlg. 1-fam. dwelling 290-07-A Valentino Pompeo CITY PLANNING COMMISSION Breezy Pt. Co-op 34 Reid Ave., QN Const. 1-fam. dwelling 279-07-A Valentino Pompeo Breezy Pt. Co-op 15 Jamaica Walk, QN Dwelling not fronting mapped st. 18-08-A Gary D. Lenhart Special Permit Breezy Pt. Co-op 130 Reid Ave., QN Dwelling not fronting mapped st. 17-08-A Zygmunt Staszewski Breezy Pt. Co-op 41 Queens Walk, QN Const. 1-fam. dwelling 292-07-A Valentino Pompeo Lincoln Square, Manhattan Bay Properties 65 Giegerich Ave., SI Const. 8 dwellings not 01-08-A; Rampulla Assocs. fronting mapped street 08-08-A Phillips Club’s conversion to EXTEND CONSTRUCTION PERIOD hotel units approved LT Land Dev. 421 Burgher Ave., SI Ext. time to obtain C of O 288-07-BZY; Anthony J. Tucci for minor development 285-07-BZY Nicholas Valentino 3871 Amboy Rd., SI Ext. time for minor development 19-08-BZY Edward Lauria

Fractional-ownership of transient intensity commercial uses. units will minimize influx of tourists. Currently, the Phillips Club On January 9, 2008, the Planning offers 106 extended-stay rental units Commission approved Millennium with minimum stays of 30 days. The Partners’ application for a special club also has 64 transient hotel units permit to facilitate the conversion of with typical stays of less than seven six floors of extended-stay hotel days, but no more than 28 days. The units into transient hotel units. The proposal seeks to convert all the Phillips Club consists of two build- extended-stay units into 98 transient ings on the same zoning lot: the 10- units, which would make all 162 story Phillips Club Building, former- units operated by the Phillips Club ly the Chinese Mission to the United transient hotel units. The conversion Nations, located at 155 West 66th would not affect the buildings’ struc- Street; and floors four through seven ture, but would bring the total com- of the 32-story Tower Records Build- mercial floor area to 226,774 sq.ft., ing located at 1965 Broadway. The necessitating a special permit. club is located within the Special Lin- At the public hearing, Millenni- coln Square District, which limits um’s representative noted the rela- The Phillips Club, located across the street from commercial floor area to 100,000 tively high number of tourists among Lincoln Center. Photo: Jonathan Reingold. sq.ft. in order to discourage high- the Phillips Club’s clientele, many of

8 Volume 5 CITYLAND February 15, 2008 whom patronize the Lincoln Center ed to be $643. Contiguous properties neighborhood retail, such as eating complex located immediately south without frontage and drinking establishments. of the club. A representative for Man- and under single ownership would In addition to the rezonings, hattan Borough President Scott be assessed $100 per lot. Parking City Planning seeks additional Stringer testified in favor of the appli- facilities would be assessed a flat fee restrictions through a Special Hunts cation and emphasized that it had of $150, while residential and vacant strong community support. properties would pay an annual $1 Point District. Waste-related uses, The Commission approved the assessment. Under the proposal, such as waste-transfer stations, proposal, finding that the conver- government and not-for-profits would be prohibited. All industrial sion would not increase the volume would be exempt. activities, including auto-related of pedestrian and vehicular traffic in With no opposition to the BID, storage facilities, would be required the surrounding neighborhood. the Commission approved the appli- to take place within a completely- Moreover, the Commission noted cation without modification. enclosed structure, and all new that the transient hotel units would Review Process: developments, substantial alter- not be as prone as traditional hotel Lead Agency: DSBS, Neg. Dec. units to large numbers of daily Comm. Bd.: BK 6, App’d, 30-0-2; BK 7, ations, or changes of use would guests, such as convention atten- App’d, 35-0-0 require street plantings of one tree dees and tour groups, because a CPC: App’d, 10-0-2 per 25 feet of street frontage. significant portion of the units Council: pending Mayor: pending The new district would be split would be sold on a fractional owner- into two sub-districts: a 33-block ship basis. CPC: Park Slope Fifth Avenue BID Residential Buffer Subdistrict and a The proposal is now before the (N 080 120 BDK) (Jan. 9, 2008). 37-block Food Industry Subdistrict. City Council for its review. CITYADMIN The Residential Buffer Subdistrict Review Process: would prohibit heavier industrial Lead Agency: CPC, Neg. Dec. CITY PLANNING COMMISSION Comm. Bd.: MN 7, App’d, 38-0-1 and waste-related uses. Breweries Boro. Pres.: App’d greater than 10,000 sq.ft., however, CPC: App’d, 10-0-1 Certification would be allowed because, accord- Council: Pending Hunts Point, Bronx ing to City Planning, they are com- CPC: The Phillips Club (C 080 054 Special Hunts Point District patible with surrounding food mar- ZSM – spec. perm.) (Jan. 9, 2008). plan starts public review CITYADMIN ket uses and can provide job oppor- Plan strives to encourage growth in tunities for the local community. food service industry. On January 7, CITY PLANNING COMMISSION Retail establishments of all sizes 2008, the Planning Commission would be allowed in the Residential launched public consideration for Buffer Subdistrict, thus eliminating Business Improvement District the Department of City Planning’s the need for a special permit for Park Slope, Brooklyn proposal to rezone portions of the stores greater than 10,000 sq.ft. Park Slope may get BID Hunts Point peninsula. The proposal is now with Bronx Community Board under the M1 zoning. Plan encompasses over 900 busi- 2 for its review. The Food Industry Subdistrict nesses. On January 9, 2008, the Plan- City Planning seeks to down- would buffer food-related business- ning Commission approved an zone 70 blocks of industrial land to es located in the Hunts Points Food application by the Department of M1-2 for light manufacturing. The Distribution Center from incompat- Small Business Services to create the area surrounds a 22-acre residential ible waste-related and heavy-indus- Park Slope Fifth Avenue Business district and is roughly bounded by trial uses. The buffer is also intended Improvement District. The BID Bruckner Boulevard, Oak Point Rail would represent 605 properties and Yard, Oak Point Avenue, and Halleck to encourage additional food-relat- 515 property owners, including 106 Street/Edgewater Road. It is current- ed businesses, which in turn would residential properties. ly developed by a mix of uses, includ- provide more jobs for local residents. The BID would allow an annual ing warehouses, auto repair shops, Bronx Community Board 2 will assessment on businesses and resi- and food-related manufacturers and vote on the rezoning February 27th. dents to enhance sanitation, securi- distributors. City Planning also seeks ty and marketing. The $300,000 first- to map a C1-4 commercial overlay CPC: Application - Hunts Point Special year budget would come from along portions of Lafayette and District (N 080 247 ZRX - map amend., assessments on commercial proper- Hunts Point Avenues. The overlays N 080 248 ZMX - text amend.) ties, with an average charge estimat- would encourage sorely needed (Jan. 7, 2008).

February 15, 2008 Volume 5 CITYLAND 9 BOARD OF STANDARDS & if the development proceeded under the size of the existing detached the new zoning regime. garage. The owner then amended its APPEALS application to no longer request a BSA: 1270 Bay Ridge Pkwy., Brooklyn waiver from lot coverage require- (240-07-A) (Jan. 15, 2008) (Sheldon Appeal/Vested Rights ments, relying on a determination Lobel, PC, for applicant). Dyker Heights, Brooklyn from the Department of Buildings that does not require floor area cal- BSA grandfathers Dyker BOARD OF STANDARDS & Heights development culations to include garage space APPEALS if the garage is less than 300 sq.ft. Council Member Gentile sent letter in in area. support of developer’s appeal. On July Variance BSA granted the variance, find- ing that the lot’s narrow width, not 12, 2007, the Department of Build- College Point, Queens ings issued the owner of 1270 Bay the owner’s actions, created the Ridge Parkway, located between Board 7 and Avella convince hardship. Complying with all zoning 12th and 13th Avenues, a permit to owner to adjust variance requirements, according to BSA, would not lead to a habitable home. construct a three-story building Owner agrees to demolish a portion of BSA also noted the owner’s willing- that would include space for resi- a garage in order to build a two-story ness to address Board 7’s and Avella’s dential, commercial and communi- expansion. The owner of a two-story concerns regarding lot coverage. ty facility use. Less than two weeks single-family home with a detached BSA did not, however, find relevant later, on July 25, 2007, the City Coun- garage at 7-12 126th Street sought a the owner’s argument regarding cil voted to rezone the Dyker Heights variance from rear yard require- prior zoning. neighborhood, putting the proposed ments to facilitate construction of a development out of compliance two-story addition. The 1935 home BSA: 7-12 126th St., Queens (48-07-BZ) with the new zoning’s restrictions is located in a portion of College (Jan. 8, 2008) (Alfonso Duarte, on residential density, permitted Point that the City rezoned from for applicant). uses, and front and side yards. 4 City- R3-2 to R2A in 2005. 2 CityLand 135 Land 104 (Aug. 15, 2007). The owner (Oct. 15, 2005). BOARD OF STANDARDS & then filed an appeal with BSA, The owner claimed that a rear arguing that it had obtained a yard waiver is required to develop APPEALS vested right to complete the pro- the site because as-of-right develop- posed development. ment was infeasible due to the lot’s Variance The owner argued that before irregular shape and shallow depth— Midwood, Brooklyn the rezoning went into effect, it had the shallowest among all lots within completed the site preparation for BSA finds hardship for a 200-foot radius. The owner also new synagogue the development and nearly all of argued that the waiver would create the excavation work and shoring of a shallower rear yard, which would BSA allows three-story synagogue in adjacent properties. The owner’s be compliant under the zoning that Midwood. Merkaz, a nonprofit reli- contractor and architect agreed, existed prior to 2005. In addition to gious institution, sought a variance both stating that 90 percent of the the rear yard waiver, the owner from yard, FAR, lot coverage, height excavation work and all site clear- sought a lot coverage waiver that and setback zoning regulations in ance and shoring activities were would allow full development of order to construct a three-story syn- completed before the rezoning. The the site. agogue with an accessory pre-school owner also argued that it already had Queens Community Board 7 at 1739 Ocean Avenue in the Mid- contracts for work and materials recommended disapproval of the wood neighborhood of Brooklyn. with its construction manager and application, citing concerns over The synagogue would serve a 20- outstanding fees related to the proj- neighborhood character, while family congregation, while the ect. Lastly, the owner argued that a expressing skepticism that the appli- school would offer religious educa- re-design of the site to comply with cation represented the least intru- tion for children and adults. the new zoning would result in a sig- sive variance. City Council Member Citing concerns over the impact nificant economic loss. Tony Avella, who represents con- the development would have on BSA reinstated the permit, rul- stituents in the area, questioned neighborhood character, Brooklyn ing that the owner made significant the applicant’s floor area calcula- Community Board 14 recommend- progress prior to the rezoning. BSA tions, which did not include the ed disapproval of Merkaz’s applica- also ruled that the owner’s expendi- garage space. tion. For the same reasons, several tures from the work it had already In response to concerns over lot members of the community testified performed could not be recouped coverage, the owner agreed to reduce against the proposal at the public

10 Volume 5 CITYLAND February 15, 2008 hearings, which were held last year. Merkaz argued that the vari- Landmarks Actions Taken in Dec. 2007 - Jan. 2008 ances would yield a building consis- FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS tent with the surrounding neighbor- ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D hood, and provided photographic December 11, 2007 evidence of nearby buildings com- 130 Beekman St., MN South St. Seaport HD Mod. window openings 08-3011 W/Mod parable in size to its proposed devel- 48 Warren St., MN Tribeca South HD Ext. Reconstruct facade 08-1967 Yes opment. Moreover, Merkaz claimed 496 Broadway, MN SoHo-Cast Iron HD Install infill 07-8627 Yes that complying with zoning restric- 150 Spring St., MN SoHo-Cast Iron HD Repl. illegal storefront, signs 08-1076 Yes tions would yield a building that 360 W. 20th St., MN Chelsea HD Alter window openings 08-3855 Yes is too narrow to accommodate 43 W. 69th St., MN Upper West Side/CPW HD Expand stair, inst. fence 08-2947 W/D worshippers, and that its congrega- 163 E. 71st St., MN Upper East Side HD Legalize windows 07-9004 No tion currently has no formal place 1125 Fifth Ave., MN Carnegie Hill HD Alter parapet wall 08-3498 W/D of worship. 371 Carlton Ave., BK Fort Greene HD Const. rear yard addition 08-2940 W/Mod BSA granted the variance, not- 236-24 38th Rd., QN Douglaston HD Legalize path, steps 08-3443 No ing that as a religious and education- December 18, 2007 al institution, Merkaz is entitled to 130 W. 42nd St., MN Bush Tower Replace rooftop add. 07-2851 Yes 143 Spring St., MN SoHo-Cast Iron HD Replace 2-story bldg. 07-9144 Yes significant deference under the law 680 Broadway, MN NoHo HD Install storefront 08-0842 Yes when considering zoning issues. 22 Washington Sq. N., MN Greenwich Village HD Const. roof add., alt. facade 08-3741 W/Mod BSA further noted that a finding of 710 Madison Ave., MN Upper East Side HD Install storefronts 08-2432 Yes economic hardship is unnecessary January 8, 2008 because of Merkaz’s religious and 476 Fifth Ave., MN New York Public Library Const. 2 rooftop additions 08-1071 Yes non-profit mission. Finally, BSA 3 Mitchell Pl., MN Panhellenic Tower Install A/C units 08-3125 W/Mod found that the variance represented 851 G. Concourse, BX Bronx Cty. Courthouse Inst. rooftop mech. equip. 08-0630 W/Mod the minimum departure from the 21 W. 8th St., MN Greenwich Village HD Install infill 08-3722 W/Mod zoning restrictions that allowed 33 W. 8th St., MN Greenwich Village HD Install infill 08-3614 Yes Merkaz to fulfill its programmatic 60 Perry St., MN Greenwich Village HD Demo. entrance, const. stoop 08-2950 Yes needs without unduly impacting 8 E. 68th St., MN Upper East Side HD Replace windows 08-2718 W/D neighborhood character. 35 E. 75th St., MN Upper East Side HD Install trellis, fences 08-2822 W/Mod 661 West End Ave., MN Riverside-West End HD Construct rooftop addition 08-2745 Yes BSA: 1739 Ocean Ave., Brooklyn (315- 32 Mt. Morris Pk., MN Mt. Morris Park HD Construct rooftop addition 07-9226 Yes 06-BZ) (Jan. 15, 2008) (Eric Palatnik, for 875 Manhattan Ave., BK Greenpoint HD Construct rooftop addition 08-1359 Yes Merkaz). CITYADMIN January 15, 2008 130 W. 42nd St., MN Bush Tower Demo., const. rooftop add. 08-5121 Yes 1552 Broadway, MN I. Miller Building Inst. infill, signs, awnings 07-6584 Yes LANDMARKS PRESERVATION 2300 S. Blvd., BX Bronx Zoo Install signs 08-5117 Yes COMMISSION 56 Charles St., MN Greenwich Village HD Const. rear yard addition 07-3622 Yes 52 W. 11th St., MN Greenwich Village HD Const. rooftop add., exc. yard 08-2399 Yes Designation 16 W. 21st St., MN Ladies' Mile HD Replace bldg. 08-3489 W/Mod 143 W. 69th St., MN Upper West Side/CPW HD Alt. facade, inst. storefronts 07-8825 Yes DUMBO, Brooklyn 1107 Fifth Ave., MN Carnegie Hill HD Replace windows 08-2637 Yes Landmarks designates new 229 Lenox Ave., MN Mt. Morris Park HD Const. rooftop add., inst. lift 07-9331 Yes DUMBO historic district 28 Willow St., BK Brooklyn Heights HD Inst. HVAC, repl. bulkhead 08-3589 Yes January 22, 2008 Local elected officials behind push for 432 W. 44th St., MN Actor's Studio Install access ramp 08-2740 Yes designation. On December 18, 2007, 703 Fifth Ave., MN St. Regis Hotel Install storefront infill 08-3968 Yes Landmarks voted to designate a 114-04 14th Rd., QN Poppenhusen Institute Mod. windows, inst. doors 08-4552 W/Mod portion of the DUMBO area as 44 Lispenard St., MN Tribeca East HD Construct rooftop addition 07-4563 W/Mod an historic district. DUMBO, an 45 Lispenard St., MN Tribeca East HD Construct rooftop addition 08-1851 Yes acronym for Down Under the Man- 38 Laight St., MN Tribeca North HD Legalize HVAC 08-1766 W/D hattan Bridge Overpass, served as a 47 Howard St., MN SoHo-Cast Iron HD Install storefront infill 07-6998 Yes 150 Wooster St., MN SoHo-Cast Iron HD Legalize paint job, storefront 08-3864 Yes center for American manufacturing 13 W. 9th St., MN Greenwich Village HD Excavate, redesign rear yard 08-1399 W/Mod beginning in the 19th century. The 197 Marlborough, BK Prospect Park South HD Demolish, inst. garage 08-4152 Yes architecture of its industrial build- 470 14th St., BK Park Slope HD Legalize windows, painting 06-6156 No ings range in materials from brick 116 Franklin St., Bk Greenpoint HD Legalize storefront, windows 08-3160 No and timber to reinforced concrete. In the 1970s, young artists began mov- ing to the area and converting the

February 15, 2008 Volume 5 CITYLAND 11 10

41 4 Joh 21

1 n St. 1 9

20 19 94

8

1

1 9

15 82 123

2 1

8 22 Plymouth St. 165

1 215 3

7 234

.

.

t

hington St.

n S

e St. i

as

Pearl St Jay St. dg

Ma

W Adams St. 4 1

Bri 97 64 DDUMBOUMBO HistoricHistoric DistrictDistrict 24 Water St. 235 220 5 7

Howard Alley 36 53 59 59 73

68 76 78 163 4 100 5 104 Front St. 195

126 215 87 62 75

0.05 Miles 91

27 82 49 86

York St.

Proposed DUMBO Historic District. Map: LPC. buildings into lofts and studios. LPC: DUMBO Historic District, Brook- stable. 2 CityLand 169 (Dec. 2005). At the October 30th public lyn (LP-2273) (Dec. 18, 2007). At an earlier December 11th hearing, several elected officials, public hearing, Leo Blackman of the including City Council Member Drive to Protect the Ladies’ Mile Dis- David Yassky, Brooklyn Borough LANDMARKS PRESERVATION trict testified that the tower would President Marty Markowitz and rep- COMMISSION “evoke the ghost of a historic struc- resentatives for Congresswoman ture, made fresh and of its time.” Nydia Velazquez and State Senator Certificate of Appropriateness Blackman, however, objected to the Martin Connor, joined local resi- Ladies’ Mile, Manhattan tower’s illuminated residential dents and supported designation. 4 canopy and to the fact it did not have CityLand 157 (Nov. 15, 2007). Landmarks approves 14- a proper storefront. Similarly, the At the designation vote, Chair story tower on 21st Street Historic Districts Council applauded Robert B. Tierney, who called the Plans for glass tower win approval the “creative use of glass,” but object- neighborhood rich “in history, char- after modifications. On January 15, ed to the proposed canopy and acter, and architecture,” stated that 2008, Landmarks granted a Certifi- atypical storefront, which it claimed the designation was the result of an cate of Appropriateness to A&R were out of step with the district’s “extensive process,” which involved Development to construct a new 14- historic architecture. Commission- “dozens” of meetings between Land- story building at 16 West ers Margery Perlmutter, Roberta marks and local residents. Commis- 21st Street in the Ladies’ Mile Brandes-Gratz, and Pablo Ven- sioner Margery Perlmutter stated Historic District. The Morris Adjmi- gochea agreed, praising the proposal that the district served as a testa- designed tower will replace a but calling for “minor tweaking.” ment to “building stock built to last two-story parking garage and will The architects returned to forever,” and that the buildings “will feature sandblasted brick blocks to Landmarks with a new proposal that outlast the ways we can think to echo the area’s characteristic light removed the canopy and altered the use them.” stone brick buildings. A similar columns on the first three floors. Landmarks then unanimously building was proposed for West Landmarks warmly received the voted to designate the area, which 18th Street in 2005, but Landmarks amended proposal by and large, but was met with applause from the rejected that proposal because it Commissioner Stephen Byrns stated assembled preservationists. called for the demolition of an 1867 that further modifications were still

12 Volume 5 CITYLAND February 15, 2008 necessary. Landmarks then voted to the building’s original use. unanimously to grant a conditional Ed Kirkland of the Historic Dis- Certificate of Appropriateness that tricts Council testified in support of requires the architects to work with designation, and urged Landmarks Landmarks staff on the remaining to also consider the nearby Harmon- issues of concern. designed Shelton Towers Hotel, now the New York Marriot East Side, LPC: 16 West 21st St., Manhattan which he described as “an even more (COFA# 08-3489) (Jan. 15, 2008). important building.” Landmarks closed the hearing LANDMARKS PRESERVATION without announcing a date for its COMMISSION final vote. LPC: Allerton 39th Street House, 145 Designation Hearing East 39th St., Manhattan (LP-2296) Murray Hill, Manhattan (Dec. 18, 2008). Early 20th century rooming house heard LANDMARKS PRESERVATION Owner of renaissance-style building COMMISSION willing to accommodate landmark status. On December 18, 2007, Land- Designation Hearing marks heard testimony on the Aller- Corona, Queens ton 39th Street House, built between Hearing held on oldest active 1916 and 1918 at 145 East 39th Street synagogue in Queens in the East Side of Manhattan. The building was one of six Allerton Wide support for designation of 97- Houses in the City, a chain of resi- year-old synagogue. On January 15, dences and clubs that served young 2008, Landmarks heard testimony middle-class men until the mid- on the potential designation of the 1920s. Arthur Loomis Harmon, who Congregation Tifereth Israel syna- later worked on the Empire State gogue located at 109-18 54th Avenue Building, designed the 39th Street in the Corona section of Queens. House in a Northern Italian Renais- Tifereth Israel is an example of the sance style with a granite base and vernacular style, common amongst red brick three-bay facade. The one- synagogues, and time Salvation Army building cur- characterized by Gothic, Moorish, rently serves as a residence. and Judaic design elements. Built in At the hearing, the attorney for 1911 by Yiddish-speaking, Eastern the owner, Jesse Masyr of the law European immigrants, Tifereth Israel firm Wachtel & Masyr, stated that the today serves new arrivals from owner planned to convert the build- Uzbekistan, Tajikistan and other ing to a hotel, a use no longer permit- Central Asian republics of the former ted as-of-right. Masyr argued that Soviet Union. the proposed conversion is a return At the hearing, a representative LANDMARKS PIPELINE

Proposed Designations – Dec. 2007 - Jan. 2008

NAME ADDRESS ACTION DATE Allerton 39th Street House 145 E. 39th St., MN Heard 12/18/07 Civil Engineers Clubhouse 220 W. 57th St., MN Calendared 12/18/07 DUMBO HD DUMBO, BK Designated 12/18/07 NoHo HD Extension NoHo, MN Calendared 1/15/08 This 14-story Morris Adjmi-designed glass Fire Engine Co. 54 304 W. 47th St., MN Calendared 1/15/08 tower will replace a two-story parking garage in the Ladies’ Mile Historic District. Image: Amer. Bank Note Co. 1201 Lafayette Ave., BX Heard 1/15/08 Morris Adjmi Architects. Cong. Tifereth Israel 109-20 54th Ave., QN Heard 1/15/08

February 2008 Volume 5 CITYLAND 13 for the Landmarks Conservancy belong in Cobble Hill, New York City, argued that preservation is neces- LANDMARKS PRESERVATION or any place civilized people live.” sary to fend off rapid redevelopment, COMMISSION The Historic Districts Council which has already led to the destruc- testified against the proposal along tion of several historic buildings in Certificate of Appropriateness with the Society for the Architecture the area. Benika Morokuma of the Cobble Hill, Brooklyn of the City, which called the proposal “destructive to the dignity of an old Municipal Art Society also testified in Landmarks asks developer to residential street.” The Municipal Art support of designation, bringing to rethink design Society supported the overall pro- Landmarks’ attention the building’s Community opposition loomed large posal, but objected to the granite and listing in the National Register of His- at hearing on construction of town- brick facades of the mews and the toric Places. Queens Borough Presi- houses. On January 8, 2008, Land- entry gate between the private alley dent Helen Marshall, State Senator marks held a public hearing regard- and the street. John Sabini, and Queens Communi- ing Lucky Boy Development’s pro- Commissioner Libby Ryan stat- ty Board 3 all provided written testi- posal to construct six townhouses on ed that while she appreciated Lucky mony in favor of designation. a vacant lot in the Cobble Hill Boy’s efforts to develop the vacant Commissioners Diana Chapin Historic District. The proposal called lot, the proposal was simply too and Roberta Brandes Gratz praised for a row of narrow three-and-a- architecturally inappropriate to sup- Tifereth Israel for its dedication to half story townhouses built along a port. Commissioners Christopher preserve the historic building. Chair private alley, jutting into a courtyard. Moore and Pablo Vengochea, how- Robert B. Tierney then closed the The proposal also called for con- ever, found the mews concept a cre- ative and potentially workable way hearing and announced that Land- structing a penthouse on top of of dealing with an oddly shaped lot. marks would hold its designation the adjacent Lamm Institute, a turn Chair Robert B. Tierney closed vote on February 12th. of the century Beaux-Arts build- ing constructed as part of the the hearing after urging the develop- LPC: Congregation Tifereth Israel, Long Island College Hospital at 110 ers to work with Landmarks and the 109-18 54th Ave., Queens (LP-2283) Amity Street. community to make “significant (Jan. 15, 2008). Architect Carmi Bee, of changes” to the plan. Rothzeid Kaiserman Thompson & LPC: 110 Amity St., Brooklyn (COFA# Bee, stated that the proposal would 08-2907) (Jan. 8, 2008). maintain the “diversity and scale of streets” and respect the surrounding brownstone townhouses. Bee also LANDMARKS PRESERVATION claimed that the townhouses’ COMMISSION design, inspired by British rowhous- es called “mews,” had several prece- Designation hearing dents throughout the City, and Hunts Point, Bronx emphasized that the project was as- Landmarks considers 1911 of-right under the area’s zoning. printing plant Local community groups and politicians opposed the project. A Owners of former engraving plant representative for Council Member welcome landmark designation. Bill DeBlasio expressed his concern Landmarks heard testimony on the over Lucky Boy’s lack of transparen- possible designation of the Ameri- cy, claiming that Lucky Boy “did not can Bank Note Company Printing effectively engage the neighbor- Plant on January 15, 2008. The archi- hood.” A representative for State tects of the plant, Kirby Petit & Green, Assembly Member Joan Millman also designed the American Bank argued that the project “offers no Note Company’s Manhattan offices benefit to the community” and on Broad Street, which the City des- would “mar the neighborhood’s spe- ignated as a landmark in 1997. cial character.” Jeff Strabone from The plant’s design emphasizes Community Board 6 also testified security as well as aesthetics, with against the proposal, describing the only one entrance along the over Elected officials urged Landmarks to designate Congregation Tifereth Israel. Photo: The New townhouses as “caves” and arguing 1,500 feet of street frontage to limit York Landmarks Conservancy. that the development “does not access. A Gothic tower rises above

14 Volume 5 CITYLAND February 15, 2008 jointly seeking proposals to pur- chase and redevelop the former East 125th Street Firehouse as a commu- nity or cultural facility. The Romanesque Revival-style firehouse, located between Park and Lexington Avenues, dates back to the late 19th century and was designated a City landmark in June 1997. In May 2003, the City decommissioned the firehouse for budgetary reasons. Four years later, the City Council approved DCAS’ plan to sell the fire- house so long as the City transferred it to a community service provider. 4 CityLand 71 (June 15, 2007). The firehouse is located within the Department of City Planning’s proposed 125th Street Rezoning Plan, which would increase the max- imum allowable residential and The American Bank Note Co. Printing Plant in the Hunts Point section of once produced commercial FAR to 7.2 and 4.0 engraved products, including possibly dollar bills. Photo: LPC. respectively, while decreasing com- munity facility FAR to 6.0. Although the plant, and large round arch win- sentative John Robert, however, tes- disposition of the building was dows provide light to its interior. For tified that Board 2 was not informed previously approved by the City, over 75 years, the American Bank of the designation, and asked Land- HPD must obtain further govern- Note Company produced bank marks to delay voting on it until ment approvals per statutory notes, stocks, bonds, and other Board 2 can meet with Landmarks requirements that govern HPD- engraved products, including possi- and Taconic to discuss the matter. initiated dispositions. bly dollar bills, at the plant. When invited to speak, Com- The RFP seeks proposals to At the public hearing , the own- missioner Stephen Byrns, Land- convert the 8,500-square-foot er of the plant, Charles Bendit of marks’ sole Bronx resident, called building into an active space for Taconic Investment Partners, testi- the plant “a monumental building community, educational, and cul- fied in support of designation. in a monumental site” and “a true tural uses. Proposals must respect Bendit stated that his firm intends to landmark.” Chair Robert B. Tierney convert the plant into office space closed the hearing without fur- while respecting its historical past. ther comments. Bendit also noted that Taconic’s redevelopment of the plant would be LPC: American Bank Note Company in line with the firm’s other landmark Printing Plant, 1201 Lafayette Ave., buildings, including a former Bronx (LP-2298) (Jan. 15, 2008). Montgomery Ward warehouse in Chicago, and the former Western ECONOMIC DEVELOPMENT Beef building on West 14th Street CORPORATION in Manhattan. Preservationist groups also tes- tified in favor of designation. The Request for Proposals Historic Districts Council’s Ed Kirk- Harlem, Manhattan land compared the plant to a “great Former FDNY firehouse Roman castle” and urged Land- offered for redevelopment marks to designate it. Benika Morokuma of the Municipal Art Proposal lists a $1 purchase price for Society called the plant “an architec- Harlem firehouse. The New York City turally and historically significant Economic Development Corpora- The former East 125th Street firehouse, piece of industrial architecture.” tion and the Department of Housing located between Lexington and Park Avenues. Bronx Community Board 2 repre- Preservation and Development are Photo: Jonathan Reingold.

February 15, 2008 Volume 5 CITYLAND 15 the building’s landmark status. COURT DECISIONS without rational basis. Brooklyn res- Any proposed changes to the build- idents sued the Empire State Devel- opment Corporation, the MTA and ing must be reviewed and approved Article 78 by Landmarks. the State Public Authorities Control Prospect Heights, Brooklyn EDC set an April 28, 2008 dead- Board, arguing that the agencies wrongfully approved the $4 billion line for all responses. Court dismisses challenge to Atlantic Yards project to redevelop the Atlantic Ter- EDC: Request For Proposals - East minal area. The project would 125th Street Firehouse (Jan. 22, 2008). Residents failed to show ESDC acted replace residential and commercial CITYLAND PROFILES Council Member Melinda Katz shares her insights on land use issues

ouncil Member Melinda Katz is She still lives in Forest Hills, and relishes button issues that come before the Com- CChair of the Land Use Committee, a the neighborhood’s sense of community, mittee, Katz immediately jumped on position she has held since 2002, when commenting “I still run into my kinder- affordable housing. Katz sees the she was first elected to the City Council. garten teacher on the street.” demand for “quality affordable housing” The City’s land use review process Public service. When left outstripping “the inventory” of such requires that almost all major land use the State Assembly to become State units. She says that “every upzoning” initiatives, with few exceptions, pass her Comptroller in 1994, Katz left private represents “an opportunity to create desk for review. During her tenure as practice to run for his empty seat, which more affordable housing.” The challenge, Chair, Katz “worked as a team” with the she won at the age of 28. Five years later, according to Katz, is providing affordable Bloomberg administration on the City-ini- after losing to Anthony Weiner for U.S. housing “without inhibiting the profit tiated rezonings, the largest rezoning ini- House of Representatives by less than incentive” because she sees real estate tiative since 1961, covering roughly one- one percent of the vote, Katz worked for development as “underlying the City’s sixth of the City including Hudson Yards, Queens Borough President Claire Schul- economic future.” Greenpoint-Williamsburg, Highline-West man as Director of Community Boards, Katz also expressed her concern that Chelsea, Downtown Brooklyn, and the where she learned about land use issues infrastructure cannot keep up with devel- Jamaica Plan. On an unseasonably warm and the land use review process. Upon opment. Last summer, the federal gov- January day, CityLand sat down with her election to the City Council in 2002, ernment declared several neighborhoods Katz to get a feel for her perspective on Katz approached the Council Speaker, in Queens “disaster areas” because “our land use issues “not to request more staff or a bigger infrastructure cannot deal with some- “I live in the same house I grew up office but to become Chair of the Land thing as minor as rain.” With rapid in.” The daughter of two Julliard-gradu- Use Committee.” growth anticipated in areas such as Wil- ates, Katz was born and raised in Forest A different perspective. Katz lets Point and Jamaica, Katz feels envi- Hills, Queens. After graduating from believes her unique experiences aid her ronmental impact statements should be Hillcrest High School in Jamaica, Katz position as Chair of the Land Use Com- closely scrutinized with this problem attended the University of Massachusetts mittee. Living in Queens lends itself to a in mind. where she graduated summa cum laude. She then chose to attend St. John’s Uni- “Citywide perspective” because “you live “Public service is a privilege, not a versity School of Law because she “was in one borough and work in another.” She right.” Katz is not looking to return to pri- young and wanted to save the world.” also believes her training as an attorney vate practice after her second term as During law school, Katz interned with allows her to “see both sides of an issue” City Council Member ends, instead the Legal Aid Society, and bring “different positions together,” announcing her candidacy for next year’s Attorney’s Organized Crime Unit, and which is useful as Chair when dealing City Comptroller election. She points to United States District Court Judge with unions, developers, and community the “sixty percent pay cut” that she took Michael B. Mukasey. board members. Lastly, Katz is grateful when she left private practice the first Three years later—when “reality for her experience at the State Assembly, time as an example of her desire to be in hit”—Katz signed up with Weil, Gotshal which stresses a focused, patient, and public service and describes her career and Manges to work in their Business civil approach to public policy matters. ambitions as simply being “effective” at and Security Litigation Department on “Being Assembly-trained,” she argues, “bringing value” to the City. mergers and acquisitions alongside helps her everyday in the City Council. attorneys such as Dennis Block. Trends. When asked about the hot- — Sami Y. Naim

16 Volume 5 CITYLAND February 15, 2008 structures with a mixed-use devel- meet growing demand. Lastly, the Atlantic Terminal Urban Renewal opment that would include an residents accused ESDC of violating Area, which the City has designated 18,000-seat arena designed by Frank SEQRA by failing to take the requisite as blighted ten times, first in 1968 Gehry for the Nets professional bas- “hard look” at certain environmental and most recently in 2004. The ketball team, a 180-room hotel, 16 concerns, such as the risk of a unblighted parcels within the proj- high-rise apartment and office terrorist attack. ect site are part of an overall plan to buildings, and eight acres of open Supreme Court Judge Joan A. improve a predominately blighted space. 3 CityLand 135 (Oct. 15, 2006). Madden rejected the residents’ argu- area, which, according to Judge Residents claimed that ESDC ments, finding that ESDC did not Madden, forms a sufficient rational violated the Urban Development violate either the UDCA or SEQRA. basis for ESDC’s determination. Corporation Act, or UDCA, and the Judge Madden affirmed the civic state environmental review process, project designation, noting that Lastly, Judge Madden ruled that or SEQRA, when it approved the the purpose of the UDCA is to ESDC took the necessary “hard look” project. They argued that ESDC is engage private, commercial entities at all the potential environmental not authorized under the UDCA to to serve certain public, civic concerns in its findings, noting that undertake the project because ESDC purposes. Moreover, Judge Madden although terrorism represents a valid wrongfully designated it as a “civic ruled that the sports arena would public policy issue, it is not covered project” even though the sports facil- be used for “recreational purposes,” by SEQRA. ity would mainly serve a for-profit, which include attending sport- private entity. Similarly, the residents ing events as a spectator. Therefore, Develop Don’t Destroy Brooklyn, Inc. et al. v. Urban Development Corp. d/b/a claimed that ESDC violated the the construction of the sports arena Empire State Development Corp. et al., UDCA when it designated the proj- falls within the definition of a 104597/2007 (N.Y.Cty.Sup.Ct. Jan. 11, ect as a “land improvement project” civic project. 2008) (Madden, J.) (Jeffrey S. Baker, to address blight, arguing that the Judge Madden also affirmed Esq., for Petitioners; Philip E. Karmel, project site includes areas “in the ESDC’s land improvement designa- Esq., David Paget, Esq., for ESDC). midst of a residential real estate tion, noting that the majority of boom” as owners are converting the project site, including the CITYLAND Comment: Petition- industrial buildings to residences to Vanderbilt Yards, falls within the ers plan to appeal this decision.

New Decisions Added to CITYADMIN www.citylaw.org – Dec. 2007 - Jan. 2008*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 1183-4 122 E. 32nd Street, MN Zoning map amendment (C4-5A to C6-2A); 12/11/2007 special permit (44-space garage) 1185 Spec. Little Italy Dist., MN Zoning text amend. (streetwalls, sidewalks) 12/11/2007 † 1186 Domino Sugar Refinery, BK Landmark designation 12/11/2007 1193 697 Dawson St., BX UDAAP by HPD (1 lot) 12/19/2007 1194-5 860 E. 161 St., BX UDAAP by HPD (25 units); acq. of prop. 12/19/2007 1196 In Rem Action York Ave., SI UDAAP by HPD (4 lots) 12/19/2007 1197 In Rem Action W. 126th, MN UDAAP by HPD (2 lots) 12/19/2007 1198 2073 Seventh Ave., MN UDAAP by HPD (1 lot) 12/19/2007 1199 Bayard's Ale House, MN Revocable consent (sidewalk cafe) 12/19/2007 1200 CB 9 197-a Plan, MN 197-a Plan (West Harlem) 12/19/2007 1201-2 Columbia University, MN Zoning map amendment; zoning text 12/19/2007 amendment (Spec. Manhattanville Dist.) 1206-7 1382 Shakespeare Ave., BX Acquisition of property; UDAAP by 1/9/2008 HPD (4 lots) 1208 233 Landing Rd., BX Zoning map amendment (4 blocks, 140 res. units) 1/9/2008 1209 Astoria Studio Apts., QN Zoning map amendment (M1-5 to C4-2A) 1/9/2008 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE BID Expand Business Improvement Dist. MN 5 N080079BDM 12/5/07 Shakespeare Place UDAAP,disp. of City prop. (4 lots); acq. BX 4 C080024HAX; 12/5/07 of property C080023PQX University Hts. Rezoning Rezoning (mixed-use bldg., 140 res. units) BX 7 C060320ZMX 12/5/07

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

February 15, 2008 Volume 5 CITYLAND 17 New Decisions Added to CITYADMIN www.citylaw.org – Dec. 2007 - Jan. 2008*

CITY PLANNING COMMISSION (CONT.) PROJECT NAME DESCRIPTION LOCATION ULURP # DATE Wyckoff Bennett Park City map amend. (establish park) BK 15 C050384MMK 12/5/07 Astoria Studio Apts. Zoning map amendment (C4-2A to M1-5) QN 1 C050491ZMQ 12/5/07 Udalls Ravine City map amend. (park addition) QN 11 C050302MMQ 12/5/07 Chocolate Factory Special permit (allow retail, res. use) MN 2 C070247ZSM 12/19/07 † 511 Grand Street Landmark designation MN 3 N080168HKM 12/19/07 † 513 Grand Street Landmark designation MN 3 N080169HKM 12/19/07 † Lord & Taylor Building Landmark designation MN 5 N080171HKM 12/19/07 † Manhattan House Landmark designation MN 8 N0080170HKM 12/19/07 Tuck-It-Away Zoning map amendments (M1-2 to C6-2) to MN 9 C060225ZMM; 12/19/07 facilitate commercial/residential development C060226ZMM; C060224ZMM; C060223ZMM Rena Day Care Acquisition of prop. (639 Edgecombe Ave.) MN 12 C070354PQM 12/19/07 † Voelker-Orth Museum Landmark designation QN 7 N080166HKQ 12/19/07 Supreme Ct. Office Space Acquisition of office space (25 Hyatt St.) SI 1 N080156PXR 12/19/07 † Standard Varnish Works Landmark designation SI 1 N080164HKR 12/19/07 † Gillett Tyler House Landmark designation SI 2 N080165HKR 12/19/07 Eberhard Faber Pencil Co. HD Historic district designation (9 bldgs.) BK 1 N080167HKK 1/7/08 309 Canal Street Spec. perm. (conv. 17 units to res. use) MN 2 C070055ZSM 1/9/08 115 Wooster Street Spec. perm. (joint living work qtrs.) MN 2 C040054ZSM 1/9/08 The Phillips Club Spec. perm. (mod. comm. fl. area, FAR) MN 7 C080054ZSM 1/9/08 400 E. 67th St. Garage Special permit (142-space garage) MN 8 C070338ZSM 1/9/08 Frederick Douglass Blvd. UDAAP,disp. of City prop. (2 lots); acq. MN 10 C080043HAM; 1/9/08 of property (impounded vehicle storage) C080044PQM Park Slope BID Business Improvement District (60 blocks) BK 6, 7 N080120BDK 1/9/08 4213 Second Ave. UDAAP by HPD, disposition of City prop. BK 7 C070551HAK 1/9/08 † Flatbush Dist. #1 School Landmark designation (P.S. 90) BK 14 N080196HKK 1/9/08 Queens Central Library Annex Acquisition of property QN 12 C070451PCQ 1/9/08 East River Realty Special permit (mixed-use development) MN 6 C070531(A)ZSM 1/28/08 CB 6 197-A Plan 197-A Plan (East River Esplanade) MN 6 N060273NPM 1/28/08 108th St. Garages UDAAP by HPD (3 lots); amend MN 7 C080066HUM; 1/28/08 Urban Renewal Plan C080067HAM Dahill Rd. Rezoning Zoning map amendment (mixed-use bldg., 179 res. units); BK 12 C050236ZMK; 1/28/08 special permit (259-space garage) C050237ZSK Briarwood Rezoning Zoning map amendments (39 blocks) QN 8 C080101ZMQ 1/28/08 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 1591 Broadway, MN Permit PCE in Crowne Plaza Hotel App'd 67-95-BZ Francis R. Angelino 12 W. 57th St., MN Leg. phys. cult. est. (Bliss Spa) App'd 223-07-BZ Greenberg Traurig 255 E. 74th St., MN Permit PCE (Equinox) App'd 216-07-BZ Rothkrug Rothkrug 600 W. 246th St., BX Ext. term (valet, store in cellar) App'd 651-60-BZ Kramer Levin 2160 MacDonald Ave., BK Special permit (religious pre-school) App'd 202-07-BZ Cozen O'Connor 1633 E. 29th St., BK Enlg. 1-family dwelling (fl. area, yards) App'd 88-07-BZ Eric Palatnik, P.C. 229 Exeter St., BK Enlg. 1-family dwelling (fl. area, rear yard) App'd 182-07-BZ Harold Weinberg 1739 Ocean Ave., BK Const. synagogue, preschool (FAR, yards, height) App'd 315-06-BZ Eric Palatnik, P.C. 1270 Bay Ridge, BK Appeal (vested right to compl. const.) App'd 240-07-A Sheldon Lobel, P.C. 7-12 126th St., QN Enlg. 1-family dwelling (rear yard) App'd 48-07-BZ Alfonso Duarte 2066 Richmond Ave., SI Const. 2-story comm. bldg. (R3-2) App'd 227-06-BZ Eric Palatnik, P.C. 1880 Hylan Blvd., SI Ext. term, legalize parking reduction App'd 426-83-BZ Glen V. Cutrona 55 Chipperfield Ct., SI Const. in mapped st. (pool, tennis ct.) App'd 155-07-A Jorge F.Canepa 9 Federal Pl., SI Construct 4 dwellings not App'd 196-07-A; Willy C. Yuin fronting mapped street 199-07-A

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

18 Volume 5 CITYLAND February 15, 2008 New Decisions Added to CITYADMIN www.citylaw.org – Dec. 2007 - Jan. 2008*

LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO APP’D ISSUED CERTIFICATE OF APPROPRIATENESS Wall St. Station, MN Wall St. Subway Interior Install artwork 08-6348 Yes 1/14/08 12 Eldridge St., MN Eldridge St. Synagogue Install sign 08-3926 Yes 10/11/07 451 Washington St., MN Fleming Smith Warehouse Legalize fire shutters, air shaft 08-5245 Yes 11/29/07 54 Bond St., MN Bouwerie Ln. Theatre Remove fire escapes, paint facade 08-5144 Yes 11/26/07 350 Fifth Ave., MN Est. master plan (storefronts, signs) 08-4509 Yes 12/14/07 7 W. 54th St., MN Lehman House Const. 2-story rear yard add. 08-4935 Yes 11/20/07 Queensboro Bridge, MN Queensboro Bridge Replace mezzanine 08-5945 Yes 1/3/08 250 W. 77th St., MN Belleclaire Hotel Replace non-historic infill 08-5036 Yes 11/20/07 Prospect Park, BK Vanderbilt St. Playground Replace paths, benches, fences 08-5250 Yes 11/29/07 285 Flagg Pl., SI Flagg House Construct house on site 08-5991 Yes 11/27/07 166 Duane St., MN Tribeca West HD Construct access ramp 08-5350 Yes 11/30/07 6 Varick St., MN Tribeca West HD Construct rooftop addition 08-5833 Yes 11/27/07 327 Canal St., MN SoHo-Cast Iron HD Construct rear yard addition 08-5221 Yes 11/27/07 20 Charlton St., MN Charlton King Vandam HD Construct rear yard addition 08-4924 Yes 11/20/07 102 Greene St., MN SoHo-Cast Iron HD Reconst. 2 floors, inst. infill 08-5785 Yes 12/20/07 473 W. Broadway, MN SoHo-Cast Iron HD Legalize flag pole, banner 07-0897 No 11/13/07 599 Broadway, MN SoHo-Cast Iron HD Est. master plan (windows) 08-5253 Yes 11/30/07 17 Commerce St., MN Greenwich Village HD Const. rooftop add., inst. windows 08-5322 Yes 11/29/07 65 Bedford St., MN Greenwich Village HD Const. rooftop add., repl. windows 08-5395 Yes 12/10/07 60 W. 9th St., MN Greenwich Village HD Alter front facade 08-2342 No 11/28/07 116 Perry St., MN Greenwich Village HD Legalize windows 07-3369 No 11/29/07 15 Bank St., MN Greenwich Village HD Raise parapet, install balcony 08-6357 Yes 1/15/08 79 Fifth Ave., MN Ladies' Mile HD Remove infill, inst. storefront 08-5278 Yes 11/28/07 3 E. 17th St., MN Ladies' Mile HD Replace infill 08-5226 Yes 11/27/07 200 Fifth Ave., MN Ladies' Mile HD Const. roof, rear yard additions 08-5809 Yes 12/19/07 1182 Broadway, MN Madison Sq. North HD Reconst. base, storefronts 08-5986 Yes 1/18/08 12 E. 63rd St., MN Upper East Side HD Alter facades, repl. rooftop add. 08-5766 Yes 12/31/07 21 E. 65th St., MN Upper East Side HD Install sign 08-5233 Yes 11/27/07 710 Madison Ave., MN Upper East Side HD Replace storefronts 08-6282 Yes 1/11/08 12 E. 69th St., MN Upper East Side HD Alter front facade, stoop 08-2920 No 12/17/07 163 E. 71st St., MN Upper East Side HD Legalize six windows 07-9004 No 12/11/07 6 E. 78th St., MN Met Museum HD Const. rear yard add., mod. facades 08-6133 Yes 1/8/08 12 E. 82nd St., MN Met Museum HD Replace rear elevation 08-4848 Yes 11/13/07 36 W. 86th St., MN Upper West Side/CPW HD Install rooftop addition 08-5905 Yes 1/3/08 1050 Fifth Ave., MN Carnegie Hill HD Create window opening 08-5341 Yes 12/17/07 44 W. 87th St., MN Upper West Side/CPW HD Const. bulkheads, alt. facade 08-5241 Yes 11/28/07 661 West End Ave., MN Riverside-West End HD Remove dormer, const. rooftop add. 08-6391 Yes 1/15/08 1071 Fifth Ave., MN Carnegie Hill HD Paint Guggenheim Museum 08-5025 Yes 11/20/07 4 E. 94th St., MN Carnegie Hill HD Demo. adds., ext. rooftop add. 08-4616 Yes 12/17/07 270 Convent Ave., MN Hamilton Heights HD Install ramp, replace paving 08-5255 Yes 12/12/07 1994 Morris Ave., BX Morris Avenue HD Legalize windows 08-1724 No 11/29/07 294 Cumberland, BK Fort Greene HD Const. 4-story building 08-4948 Yes 11/16/07 273 Hicks St., BK Brooklyn Heights HD Alter roof, inst. dormer 08-4707 Yes 11/16/07 314 Hicks St., BK Brooklyn Heights HD Const. 4-story townhouse 08-5583 Yes 12/14/07 8 Hunts Ln., BK Brooklyn Heights HD Const. rooftop add., chimney 08-5634 Yes 12/11/07 197 Marborough, BK Prospect Park S. HD Demolish garage, const. garage 08-6540 Yes 1/22/08 316 Knollwood Ave, QN Douglaston HD Legalize entrance, inst. pavers 08-4886 Yes 11/16/07 240-22 38th Dr., QN Douglaston HD Replace windows 08-4814 Yes 11/15/07 318 Kenmore Rd., QN Douglaston HD Install gates, posts 08-5670 Yes 12/17/07

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

February 15, 2008 Volume 5 CITYLAND 19 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

The City Council approved Kaufman Astoria Studios’ application to build a new mixed-use development in Western Queens. See story on page 5. Image: Anthony Morali Architect PLLC.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS BREAKFAST FORUM The Centers for New York City Law and Real Estate Studies present Larry Silverstein, President & CEO Silverstein Properties, Inc. Speaking on “Rebuilding the World Trade Center" March 13, 2008 Breakfasts begin at 8:15 a.m. at New York Law School, 47 Worth St., New York, NY. There is no charge, but please reserve a seat at www.nyls.edu/realestate or call (212) 431-2135. 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 2,628 2002-Present Council 1,084 2003-2005 Weil, Gotshal & Manges LLP CPC 825 2003-Present Gibson, Dunn & Crutcher DOB 68 1999-Present Landmarks 1,777 2002-Present Kramer, Levin, Naftalis & Frankel, LLP Loft Board 1,520 1996-Present