CITYDECEMBER 2010 center forLAND law VOLUME 7, NUMBER 11

Highlights

CITY COUNCIL Extell project modified ...... 165 HPD projects in East Village . . .167 supportive housing . . .168

BOARD OF STANDARDS & APPEALS East Tremont use variances . . .169

LANDMARKS designation . . .170 Meatpacking District project . . .170 Ladies’ Mile project OK’d . . . . .172 project approved . . . . .172 The Landmarks Preservation Commission considered Taconic Investment Partners LLC’s proposed designations . . . .173 seven-story addition adjacent to the in ’s Meatpacking District. See story on page170. Image: Courtesy Morris Adjmi Architects .

ECONOMIC DEVELOPMENT CORP. Freedom Place South. Brooklyn waterfront RFP . . . . .173 CITY COUNCIL The 8.2-acre project site com- West bakery site RFEI . .173 prises the three remaining undevel- Text Amendments/Special Permits oped parcels of the Riverside South ADMINISTRATIVE DECISIONS , Manhattan development plan first approved Architect defeats NOV ...... 174 Massive Riverside Center by the City in 1992 to govern the Bryant Park contractor NOV . . .174 mixed-use project modified redevelopment of the rail yards ex- tending from West to COURT DECISIONS Developer agreed to fund larger on- West . To facilitate the site school and provide on-site af- project’s development, Extell sub- UES church ruling affirmed . . .175 fordable housing . On December 8, mitted multiple applications in- ESDC criticized by court . . . . .176 2010, the City Council’s Land Use Second Ave . subway claim . . . .176 cluding requests for modifications Committee modified Extell Devel- to height and setback requirements opment Company’s proposal to CITYLAND PROFILE and special permits for 1,800 below- develop a three million sq.ft. mixed- ground parking spaces. Douglas Durst ...... 177 use project on a site bounded by Extell will develop the five West 59th and West 61st Streets buildings along the site’s perimeter CHARTS and West End Avenue and Riverside with three towers lining the north DCP Pipeline ...... 167 Boulevard in Manhattan’s Upper side of West 59th Street. Riverside ULURP Pipeline ...... 168 West Side. The project, known as Center will provide 2.4 million sq.ft. BSA Pipeline ...... 170 Riverside Center, will include five of residential space and approxi- Landmarks Actions ...... 171 buildings, ranging in height from 31 mately 500,000 sq.ft. of office, hotel, Landmarks Pipeline ...... 173 to 44 stories; 2.75 acres of publicly and retail space, including a ground Citylaw org. New Decisions . .178– 79 accessible open space; and an on- floor car dealership. The proposal site public elementary school. Extell also includes a twenty percent af- will also extend West 60th Street and fordable housing (cont’d on page 167)

December 2010 Volume 7 CITYLAND 165 COM M E NTARY The Center for Law receives its first endowment grant The Center for New York City Law received excellent news in December 2010. The Steven and Sheila Aresty Foundation made a grant of $25,000 to endow a stipend for a summer intern to work at the Center for New York City Law. The recipient must be a second year law student who will, after the summer at the Center, continue through the following academic year to complete the work and writing assignment begun during the summer. The grant from the Aresty Foundation is the first grant received by the Center to be designated as endowment. The internship is to be named in honor of Sheila Murphy Aresty, a 1994 graduate of who was the first City Law Fellow hired by the Center. The Center during her fellowship year had just been formed. During that year, the Center launched its first newsletter, CityLaw. Sheila co-authored the lead article in the very first issue of CityLaw, an article that detailed registration and reporting requirements for lobbyists. CityLaw is now in its seventeenth year, a lifetime for a newsletter. Sheila assisted in the creation and design of CityLaw, partici- pated in establishing the first CityLaw breakfasts, and, by her work, set the standard for the CityLaw Fellows who followed her in that position. After completing her fellowship year of 1994-95, Sheila began her legal career at the New York City Depart- ment of Investigation. She was promoted and subsequently moved to the Mayor’s Office of Contracts, where she was one of the first lawyers hired during a reorganization of that office led by Mayor Rudolph Giuliani. Sheila retired from the City to raise her young family with her husband Steven, but maintains a keen interest in New York City government and the Center for New York City Law. The internship in her name recognizes her interest in New York Law School, her loyalty to the Center for New York City Law, and her abiding interest in the integrity of New York City government. Ross Sandler CITYLAND Ross Sandler Eugene Travers ’10 Jesse Denno Professor of Law and Director, Marissa Fierz ’10 Staff Writer, Production Asst . The Center expresses appreciation to the Center for New York City Law Fellows Maryellen Philips Frank Berlen ’07 Lebasi Lashley Administrative Coordinator individuals and foundations supporting the Associate Director Art Director Frank St. Jacques ­’11 Center and its work: The Steven and Sheila Aresty Managing Editor Petting Zoo Design Student Writer Foundation, Fund for the City of New York, Peter Schikler ’08 CityLand Editor The Durst Foundation, The Charina Endowment Fund, The Murray Goodgold Foundation, CITYLAND ADVISORY BOARD Jerry Gottesman, The Marc Haas Foundation and Kent Barwick Howard Goldman Frank Munger The Prospect Hill Foundation. Andrew Berman Jerry Gottesman Carol E. Rosenthal Molly Brennan David Karnovsky Michael T. Sillerman (ISSN 1551-711X) is published 11 times Albert K. Butzel Ross Moskowitz ’84 Paul D. Selver CITYLAND a year by the Center for New York City Law at New York Law School, 185 West , New York CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL City, New York 10013, tel. (212) 431-2115, fax (212) Stanley S. Shuman, Eric Hatzimemos ’92 Norman Redlich 941-4735, e-mail: [email protected], website: Chair Michael D. Hess Joseph B. Rose www.citylaw.org © Center for New York City Law, Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Ernst H. Rosenberger ’58 2010. All rights reserved. Printed on recycled paper. Sheila Aresty ’94 Maps presented in CITYLAND are from Map- William F. Kuntz II Rose Luttan Rubin Harold Baer, Jr. PLUTO copyrighted by the New York City Depart- Eric Lane Frederick P. Schaffer David R. Baker Randy M. Mastro ment of City Planning. City Landmarks and Hist- Michael A. Cardozo Frederick A.O. Schwarz, Jr. oric Districts printed with permission of New York Richard Matasar Anthony Coles O. Peter Sherwood City Landmarks Preservation Commission. Edward N. Costikyan Robert J. McGuire Edward Wallace Paul A. Crotty Francis McArdle Richard M. Weinberg POSTMASTER: Send address changes to Richard J. Davis John D. McMahon ’76 Peter L. Zimroth CITYLAND, 185 , New York, New Michael B. Gerrard Thomas L. McMahon ’83 James D. Zirin York­ 10013-2921. Periodicals postage paid at New York, New York. Judah Gribetz Gary P. Naftalis Kathleen Grimm ’80 Steven M. Polan

166 Volume 7 CITYLAND December 2010 on the project’s affordable housing CITY PLANNING PIPELINE and parking, and the construction of the school. Brewer asked Barnett New Applications Filed with DCP — November 1 - 30, 2010 whether the affordable housing APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE would be included on site. Barnett ZONING TEXT AND MAP AMENDMENTS responded that the Inclusionary

DCP South Jamaica Rezoning, QN Rezone 530 blocks to protect density; 110145ZMQ; Housing Program allows for units to txt. change to expand FRESH program 110146ZRQ be located off-site, but the distribu- SPECIAL PERMITS/OTHER ACTIONS tion had not been finalized. Brewer LPC 190 Grand Street, MN Landmark (190 Grand Street House) 110147HKM noted that the community was look- LPC 192 Grand Street, MN Landmark (192 Grand Street House) 110148HKM ing for more public access and that HPD 9 Second Avenue, MN UDAAP & dispo. to const. 12-story 110140HAM; relocating one of the buildings was bldg.; acq. two bldgs. for demolition 110141PQM still a “high priority.” The Subcom- Dinner Is Ready 84 Seventh Avenue, MN New enclosed cafe with 21 seats 110134ECM mittee’s vote was laid over to allow Soi 30 Inc. 430 , MN New enclosed cafe with 16 seats 110144ECM further negotiations. LPC , MN Landmark ( Apartments) 110150HKM When the Subcommittee re- Rose Assocs., Inc. 420 East 63rd Street, MN Renew spec. perm. for 290-space grg. 110143ZAM convened it was announced that the Liska NY Inc. 731 Southern Boulevard, BX Spec. perm. for 8-story, 57-unit bldg. 110154ZSX Sheldon Lobel PC project had been modified. Among LPC 1272 Ogden Avenue, BX Landmark (Union Reformed Church) 110149HKX the modifications, Extell agreed to Anton Developers 54-78 82nd Street, QN Reloc. easement for res. development 880710AMMQ Akerman Senterfitt increase the size of the school to LPC 89-31 161st Street, QN Landmark (Jamaica Chmbr. of Com.) 110135HKQ 100,000 sq.ft. and to build 135,000 LPC 146-21 Jamaica Avenue, QN Landmark (Jamaica Savings Bank) 110136HKQ sq.ft. of affordable housing on site. LPC 88-11 Sutphin Boulevard, QN Landmark (QN General Court House) 110137HKQ The Subcommittee slightly reduced LPC 155-24 90th Avenue, QN Landmark (Grace Episcopal Church) 110138HKQ the massing of the proposed mid- LPC Ridgewood South, QN Landmark (Ridgewood South HD) 110139HKQ block tower along West 59th Street Block 7207 Corp. 23 Zarelli Court, SI Cert. to subdivide 110132RCR and shifted its footprint 25 feet to Crown Jewel, Inc. 5854 Amboy Road, SI Cert to subdivide one lot into three 110153RCR Calvanico Assoc. the east. The amount of parking was David Flynn 167 Nevada Avenue, SI Modify topography and botanics 110133RCR Rampulla Assocs. also increased to 1,500 spaces. Nick Cammarato 57 Jarvis Avenue, SI Cert. to subdivide one lot into two 110142RCR Moss & Sayta Arch. The Subcommittee and Land Joseph Verdino 674 Edgegrove Avenue, SI Cert. to subdivide one lot into three 110152RCR Calvanico Assoc. Use Committee unanimously ap- proved the project, and the full component. Extell’s initial proposal affordable units on site. The Com- Council is expected to vote on the would have funded construction missioners questioned Gary Barnett, plan at its December 20 meeting. for the core and shell of a 75,000 president of Extell, about the appro- sq.ft. public school. priateness of the car dealership on ULURP Process: Manhattan Community Board the project’s streetscape. Barnett ex- Lead Agency: CPC, FSEIS Comm Bd.: MN 7, Den’d, 35-3-0 7 opposed the project, recommend- plained that securing a car dealer as Boro. Pres.: Den’d ing that it only include four build- a tenant would help defray the proj- CPC: App’d, 12-1-0 ings to reduce density and increase ect’s upfront infrastructure costs. Council: Pending available open space. CB 7 request- The Commission modified the Council: Riverside Center (Dec. 8, ed that Extell increase the project’s project, reducing the maximum 2010) (Architect: Atelier Christian affordable housing component to amount of parking from 1,800 to de Portzamprac). 30 percent and commit to building 1,260 spaces and restricting the car the majority of affordable units on dealership from facing portions of site. CB 7 also requested that Ex- West End Avenue and the proposed CITY COUNCIL tell fund the full construction of a open space. Commissioner Anna 150,000 sq.ft. school and eliminate Levin opposed the special permit UDAAPs the car dealership from the project’s application related to the location of East Village, Manhattan proposed retail space. the buildings, stating that the con- Two East Village supportive At the City Planning Commis- sistent opposition to the project’s housing projects approved sion’s September 15 public hearing, proposed density and open space community groups, elected officials, had not been addressed. HPD-funded affordable housing and local residents spoke in opposi- At the City Council’s Zoning projects approved without opposi- tion. Local Council Member Gale A. and Franchises Subcommittee hear- tion . On November 30, 2010, the Brewer testified that Extell should ing, questions and comments from City Council approved separate build at least twenty percent of the council members focused primarily proposals by the Department of

December 2010 Volume 7 CITYLAND 167 vation and Development’s revised ULURP PIPELINE proposal to allow Providence House to build a six-story supportive hous- New Applications Certified into ULURP ing project at 329 Lincoln Road in PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED the Prospect Lefferts Gardens sec- Clinton Commons City map amend., UDAAP, MN 4 110125ZMM; 11/15/2010 tion of Brooklyn. HPD recently de- dispose of City property 110126HAM molished a four-story building on West 129th Street City map amendment MN 10 110068MM 11/15/2010 the site which had remained vacant 542 Howard Ave. Rezoning BK 16 070579ZMK 11/15/2010 for 30 years. Providence House’s 162nd Street City map amend., UDAAP, QN 8 100228MMQ; 11/15/2010 original proposal included twenty dispose of City property 100229HAQ studio apartments for single women Union Ave. Rezoning Rezoning SI 1 100118ZMR 11/15/2010 South Jamaica Rezoning Rezoning, zoning text QN 12 110145ZMQ; 11/29/2010 transitioning from homeless shel- amendments N110146ZRQ ters or prison, five studios for low- income single women earning less Housing Preservation and Develop- with the exception of the superin- than 60 percent of the ’s me- ment to allow private developers to tendent’s, would be permanently dian income, and one studio for the build two permanently affordable affordable for households earning building’s superintendent. supportive housing projects on city- 60 percent or less of the area median Brooklyn Community Board owned properties in the East Vil- income. The project also will have 9 and Borough President Marty lage. HPD selected the Lower East ground floor community facility Markowitz both asked Providence Side People’s Mutual Housing As- space and 2,338 sq.ft. of accessible House to provide more low-income sociation (LESPMHA) to develop a open space. units. Markowitz also recommend- 46-unit eight-story building on a va- The proposals were met with ed that the project include larger cant site at 535 East 11th Street and no opposition during their public family-oriented low-income units. the Phipps Houses Group to build review. The City Planning Com- At the City Planning Commis- a 45-unit five-story building on a mission unanimously approved the sion’s hearing, Providence House’s site occupied by a vacant four-story projects, and the Council’s Plan- executive director argued that al- building at 706 East 9th Street. Both ning, Dispositions & Concessions tering the supportive/low-income projects will provide housing for Subcommittee followed suit. The housing ratio would weaken the formerly homeless individuals with full Council approved the projects project’s social services program. psychiatric disabilities. with only recently sworn-in Council Residents testifying in opposition LESPMHA’s project includes Member Ruben Wills abstaining. 27 studio apartments for formerly expressed concerns about the proj- ULURP Process: homeless individuals who will pay 30 ect’s impact on the neighborhood. 7 Lead Agency: HPD, Neg. Decs. CityLand 121 (Sept. 15, 2010). percent of their income as rent, eigh- Comm Bd.: MN 3, App’d, 37-0-0 & 38-0-0 teen studio apartments for single Boro. Pres.: App’d The Commission approved adults earning 60 percent or less of CPC: App’d, 13-0-0 the proposal, with Commissioner the area median income, and a two- Council: App’d, 46-0-1 Karen Phillips voting no. Explain- ing her vote, Phillips commented on bedroom apartment for a superin- Council: 535 East 11th St. (C 100452 the need to balance the distribution tendent. LESPMHA will also provide HAM – UDAAP); 706 East 9th St. (C a public passageway along the lot’s 100453 HAM – UDAAP) (Nov. 30, 2010) of supportive housing against the eastern edge to Joseph C. Sauer Park (Architects: Edelman Sultan Knox importance of providing local resi- which borders the project to the Wood; SLCE Architects). dents with a stable community. north along East 12th Street. At the Council’s Planning, Phipps plans to rehabilitate the Dispositions & Concessions Sub- existing four-story structure on East CITY COUNCIL committee hearing, opponents re- 9th Street before building a one- iterated their concerns about the story rooftop addition. The project UDAAP/Special Permit concentration of supportive hous- will provide 28 studio apartments Prospect Lefferts Gardens, Brooklyn ing in the area. Council Member for homeless young adults diag- Brooklyn supportive housing Charles Barron recognized the need nosed with a mental illness, twelve project revised for supportive housing, but said that one-bedroom apartments for young African-American and Latino com- single adults with children, and four Developer revised plan to include munities have absorbed an “inor- studio apartments for young adults low-income apartments for women dinate” number of formerly incar- without a diagnosis. The building’s with children . On November 17, cerated or mentally ill individuals. superintendent will occupy a two- 2010, the City Council approved Barron asked why other communi- bedroom apartment. All the units, the Department of Housing Preser- ties had not taken their “fair share”

168 Volume 7 CITYLAND December 2010 of supportive housing projects. The Subcommittee approved manufacturing in the East Tremont Speaking in opposition, local resi- the revised plan with Council Mem- section of . The Phipps dent Barbara Rogers said the neigh- ber Charles Barron voting no. Bar- Houses Group’s 141-unit project borhood needed affordable housing ron stated that he was siding with will include an eight-story residen- for current residents, not more sup- community members who wanted tial building and a ten-story mixed- portive housing for new residents. an increase in low-income units. use building at 1155 East Tremont Those speaking in favor in- The Land Use Committee and full Avenue, and a ten-story mixed-use cluded project representatives and Council also approved the plan with building located directly across neighborhood residents. HPD’s Jack only Barron voting no. the street at 1176 East Tremont Hammer responded to Markowitz’s Avenue. Both lots were previously concerns by explaining that reduc- Review Process: Lead Agency: HPD, Neg. Dec. occupied by the elevated New York, ing the number of supportive units Comm. Bd.: BK 9, Den’d, 28-7-0 Westchester, and Boston Interur- would impact funding for the proj- Boro. Pres.: App’d ban Railway. Remnants of the aban- ect’s “sorely needed” services. San- CPC: App’d, 10-1-0 doned train trestle, including sev- dra Lowe, a local cafe owner, stated Council: App’d, 47-1-0 eral in-ground concrete supports, that the community was not over- Council: Providence House I (Nov. 17, remain on both lots. saturated with supportive housing 2010) (Architect: Alphonse Diaz). HPD claimed that the trestle and that the prospective tenants remnants, subsurface contami- “belong to the community.” The nation, and the area’s high wa- Subcommittee’s vote was laid over BOARD OF STANDARDS & APPEALS ter table would constrain a viable to allow further discussions. manufacturing use for the site. When the Subcommittee re- Variances HPD estimated that it would cost convened, Chair Stephen Levin an- East Tremont, Bronx a combined $6.1 million to clean nounced that Providence House up the sites and remove the rail- had revised the proposal and would Variances granted for three- way remnants. HPD also claimed provide two low-income two-bed- building HPD project that the requested variances were room units for women with chil- necessary in order to provide the dren. Providence House, however, HPD claimed that abandoned rail- minimum number of apartments reduced the total number of units way complicated the development of needed to maintain the project’s from 26 to 22, decreasing low-in- two lots . The Department of Hous- financial viability and fulfill the come units from five to four. The re- ing Preservation and Development agency’s programmatic goals. maining units will now include sev- applied for use variances in order to Bronx Community Board 6, lo- enteen supportive housing studios, construct a three-building afford- cal Council Member Joel Rivera, and two low-income studios, and one able housing development on two State Assembly Member Michael studio for a superintendent. vacant through-block lots zoned for Benjamin supported the project. Some residents, however, expressed concern about the project’s impact on traffic and parking. In response, HPD claimed that its environmental review indicated that further traffic analysis was unnecessary and noted that the project would provide elev- en on-site parking spaces. BSA granted the variance, find- ing that the physical conditions created a hardship in developing a conforming use on the sites, and the requested waivers were the mini- mum necessary to allow the project to remain economically viable.

BSA: 1155 East Tremont Avenue, Bronx (267-09-BZ); 1176 East Tremont Ave- nue, Bronx (268-09-BZ) (Oct. 26, 2010). Proposed ten-story building at 1176 East Tremont Avenue in the Bronx will be part of the Phipps (Architect: Curtis + Ginsberg Architects Houses Group’s three-building project. Image: Courtesy Curtis + Ginsberg Architects LLP . LLP). CITYADMIN

December 2010 Volume 7 CITYLAND 169 using stucco-clad concrete panels, BSA PIPELINE exposed steel I-beams, and floor-to- ceiling glass panels. The penthouse New Applications File­­d with BSA — November 1 - 30, 2010 features four interconnected levels APPLICANT PROJECT/ADDRESS DESCRIPTION APP. NO. REPRESENTA­TIVE with five terraces on the rear facade overlooking the . Although VARIANCES subsequent owners modified the King Caroll LLC 1384 Carroll St., BK Expand medical facility 211-10-BZ Moshe M. Friedman building’s interior, the exterior re- SPECIAL PERMITS/OTHER ACTIONS mains largely unchanged. E. Kropolovich 4009 Bedford Ave., BK Enlarge 1-family dwelling 217-10-BZ Fredrick A. Becker At the meeting, Commissioner Bermuda Realty 123 E. 98th St., BK N/A 218-10-BZ Simons & Wright Fred Bland said Rudolph inspired 2071 Clove LLC 2071 Clove Rd., SI Legalize phys. cult. est. 213-10-BZ EPDSCO Inc. him to attend Yale and become an APPEALS architect, and he noted that desig-

Augustus Lawrence 96 Greenwich St., MN Appeal DOB instability finding 212-10-A Marvin B. Mitzner nating 23 Beekman was an “extraor- 1466 Broadway LP 1466 Broadway, MN Convert prop. to transient hotel 216-10-A Kramer Levin dinary opportunity” for Landmarks. 74-76 Adelphi 74 Adelphi St., BK Rescind Stop Work Order 219-10-A Sheldon Lobel PC Commissioner Margery Perlmutter Boulevard Leasing 97-45 Queens Blvd., QN Convert to res. use (FAR) 214-10-A Fried Frank shared memories of studying un- St. Mary’s Hospital 29-01 216th St., QN Challenge FAR determination 215-10-A James Chin der Rudolph and remarked on the Island Realty 3399 Richmond Rd., SI Construct 5 residences in 206-10-A– Philip L. Rampulla “theoretical analytical processes” mapped street bed 210-10-A that went into every aspect of the EXTEND CONSTRUCTION PERIOD Rudolph’s complex designs. Vice D.A.B. Group LLC 77 Rivington St., MN Ext. const. period 2 years 220-10-BZY D.A.B. Group Chair Pablo Vengoechea praised the building and wondered whether LANDMARKS PRESERVATION Rudolph studied under Bau- Landmarks would have approved haus founder Walter Gropius at COMMISSION the addition had it been required to Harvard University. A second-gen- come before them. Newly appointed eration Modernist, Rudolph reject- Designation Commissioner Michael Goldblum ed the purely functional aesthetic of said that it was important to protect Turtle Bay, Manhattan the International Style, but contin- the building because the technology Iconic Beekman Place ued to experiment with space and involved in making it was “fragile” building designated layering to build formally complex and would require effort and com- structures using industrial materi- mitment to preserve. Five-story apartment building served als. He built the penthouse addition as a podium for four-story cantile- LPC: Paul Rudolph Penthouse & Apart- vered addition designed by owner ments, 23 Beekman Pl., Manhattan and architect Paul Rudolph . On No- (LP-2390) (Nov. 16, 2010). vember 16, 2010, Landmarks des- ignated as an individual City land- LANDMARKS PRESERVATION mark the Paul Rudolph Penthouse and Apartments at 23 Beekman COMMISSION Place in the Turtle Bay section of Manhattan. The original five-story Certificate of Appropriateness building was built in 1860, but the Meatpacking District, Manhattan property gained significance after Addition near High Line the Modernist architect Paul Ru- criticized as too large dolph purchased the building and designed and constructed a four- Dilapidated two-story building story penthouse addition that canti- across from the High Line would levered over the sidewalk. Rudolph, serve as base for seven-story tower . who served as chair of the School On November 9, 2010, Landmarks of and Design at Yale considered Taconic Investment Part- University, rented an apartment at ners LLC’s proposal to build a seven- 23 Beekman Place in 1961 and then story addition on top of a two-story purchased the entire building in building constructed in 1938 at 837 1976, where he remained until his Washington Street in the Gansevoort Paul Rudolph Penthouse & Apartments at 23 death in 1997. Landmarks calen- Beekman Place in Manhattan’s Turtle Bay. Market Historic District. The site lies dared the building in October 2009. Image: Courtesy LPC . at the edge of the historic district and

170 Volume 7 CITYLAND December 2010 faces the High Line elevated park. The Morris Adjmi-designed Landmarks Actions Taken in November 2010 addition would include a rear cor- FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS ner tower of masonry and a larger ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D steel and glass section with angled November 9, 2010 beams that would give the structure City Hall, MN City Hall Amend binding report 10-7128 Yes a torqued effect. The addition’s bal- 476 Fifth Ave., MN New York Public Library Install banners 11-3303 Yes conies would feature plantings in 201 W. 86th St., MN Belnord Apartments Amend C of A (storefronts) 07-6451 Yes homage to the property’s deceased 137 Duane St., MN Tribeca South HD Const. rooftop addition 10-7138 In Part former owner, Robert Isabell, who 188 Lafayette St., MN SoHo-Cast Iron HD Install storefront infill 11-2444 Yes kept the existing building’s metal 120 Spring St., MN SoHo-Cast Iron HD Leg. signs, facade alteration 11-0551 In Part canopies planted with flowers for 48 W. 8th St., MN HD Inst. infill, gates, awnings 11-2197 Yes the pleasure of High Line visitors. 23 Perry St., MN Greenwich Village HD Mod. non-compliant alterations 10-9005 Yes At the hearing, Adjmi and con- 156 Fifth Ave., MN Ladies’ Mile HD Inst. infill, create openings 10-7784 Yes sultant Bill Higgins presented the 55 W. 71st St., MN Upper West Side/CPW HD Exc., const. rear yd. addition 11-0223 Yes 55 Washington St., BK DUMBO HD Install storefront infill 11-2204 Yes proposal. Higgins explained that 147 Kane St., BK Cobble Hill HD Const. roof, rear adds. 11-3248 In Part the Gansevoort Market area inter- 48-05 39th Ave., QN Sunnyside Gardens HD Install railings 11-2820 Yes sected the orthogonal street grid of 37-37 87th St., QN Jackson Heights HD Leg. areaway alterations 10-8132 W/Mod Manhattan and the older Green- November 16, 2010 wich Village diagonal grid. Higgins 1619 Broadway, MN The Install signage 10-7623 Yes explained that due to the angles cre- 130 W. 56th St., MN City Ctr. 55th St. Theatre Inst. marquee, signs 11-1118 Yes ated by the intersection, the neigh- 137 Franklin St., MN Tribeca West HD Construct new building 10-9483 Yes borhood’s buildings often took odd 377 Greenwich St., MN Tribeca West HD Legalize hotel penthouse 08-8535 Yes shapes and buildings of varying 570 Hudson St., MN Greenwich Village HD Repl. windows, inst. signs 11-2532 Yes sizes were built side by side. Adjmi 33 W. 19th St., MN Ladies’ Mile HD Const. add., repl. Infill 09-7994 Yes testified that he attempted to incor- 347 W. 21st St., MN Chelsea HD Alt. facade, const. adds. 10-7703 Yes porate this juxtaposition into his 117 W. 81st St., MN Upper West Side/CPW HD Amend C of A (rooftop add.) 11-1616 Yes 164 Bond St., BK Boerum Hill HD Construct rear balconies 10-9869 Yes design, and he claimed that the ad- 465 Clinton Ave., BK Cobble Hill HD Const. adds., repl. gate 10-6973 W/Mod dition’s metal and glass would echo November 23, 2010 the High Line’s rail tracks. 175 W. Broadway, MN 175 West Broadway Bldg. Install wall sign 11-0379 Yes Higgins stated that the existing 460 Greenwich St., MN Tribeca North HD Legalize infill, lighting 10-9123 Yes building’s restoration would be in 155 Wooster St., MN SoHo-Cast Iron HD Install wall sign 11-3643 Yes keeping with its historic character. 48 W. 8th St., MN Greenwich Village HD Reconstruct facade 11-3037 Yes According to Higgins, the original 205 E. 61st St., MN Treadwell Farms HD Install access lift 11-3484 Yes building would remain “thorough- 43 W. 73rd St., MN Upper West Side/CPW HD Construct rear addition 11-2579 Yes ly legible,” and there would be “a 180 W. 81st St., MN Upper West Side/CPW HD Const. rooftop addition 09-5402 Yes sense of dialogue” between it and 225 Cent. Pk. W., MN Upper West Side/CPW HD Alter 2 greenhouse adds. 11-0663 Yes the addition. Taconic’s Paul Pariser Fort Greene Park, BK Fort Greene HD Alter entrance, paths, sidewalk 11-3631 Yes testified the existing building was in 415 Clermont Ave., BK Fort Greene HD Leg. windows, grilles, fence 11-1707 In Part 313 Hicks St., BK Brooklyn Heights HD Legalize rooftop railing 11-3212 Yes disrepair and uninhabitable in its 176 Atlantic Ave., BK Cobble Hill HD Reconstruct facade 11-3154 Yes current condition. 343 Smith St., BK Carroll Gardens HD Mod. window, repl. garage door 09-4220 Yes Manhattan Community Board 527 3rd St., BK Park Slope HD Alter rear facade 11-2825 Yes 2’s Jane McCarthy praised the glass and steel portion of the proposal as Speakers in favor of the addi- with the area’s “industrial palette.” “bold, inspiring and innovative,” but tion included the owner of the P.F. Several local business owners also found the masonry tower “clumsy Collier & Son Building at 416 West submitted letters in support. and disharmonious.” A representa- 13th Street, who said the proposal Chair Robert B. Tierney was tive of the Greenwich Village Com- had been created with sensitivity appreciative of the design, but munity Task Force testified that the to the surrounding district. A rep- said there were issues of scale and proposal bore no relationship to resentative from Romanoff Equi- precedent which needed to be re- other buildings in the district, and ties, a developer that obtained a solved. Based on the presentation, was concerned about the precedent BSA variance in November 2009 to Commissioner Margery Perlmutter that would be set if the project was build a twelve-story building across found it hard to justify simply us- approved. Assembly Member Deb- the street, also expressed support. ing the existing building as a base. orah J. Glick also submitted a letter Darryl Romanoff said the “graceful, Commissioner Libby Ryan praised opposing the project. well-crafted design” would blend the design, but could not support

December 2010 Volume 7 CITYLAND 171 the proposal’s current size. Com- The shape of the addition’s facade West Historic District. At the pro- missioner Diana Chapin described returned to the more abstract in- posal’s prior hearing the Commis- the design as “very exciting,” but terpretation of a mansard roof de- sioners asked the project’s architect wanted more evidence indicating picted in the second proposal and to modify the design by strength- that the building would be contex- featured two hexagonal projecting ening the building’s base and in- tual with the surrounding district. bays. The addition would be equal- creasing the amount of masonry Landmarks lacked a quorum ly visible on both frontages of the in its facades. Commissioners also to vote on the proposal, and Tierney through-block building and present disliked that the City’s underlying closed the hearing. identical facades. zoning regulations would prohibit The Commissioners supported the building from extending to the LPC: 837 Washington Street, Manhat- property’s southern lot line. 7 City- tan (11-3143) (Nov. 9, 2010) (Architect: the revised design with Commis- Morris Adjmi Architects). sioner Joan Gerner noting that Ad- Land 142 (Oct. 15, 2010). jmi successfully made a “wonderful At the November meeting, design” more robust and appropri- Landmarks staff member John Gra- LANDMARKS PRESERVATION ate for the district. ham said the revised design was in- COMMISSION tended to ensure the building would LPC: 33 West 19th St., Manhattan (09- be contextual with the district. The Certificate of Appropriateness 7994) (Nov. 16, 2010) (Architect: Morris windows at the building’s base were Adjmi Architects). Chelsea, Manhattan modified to form a continuous grid and an additional band of masonry Ladies’ Mile addition LANDMARKS PRESERVATION was added between the fourth and approved on fourth try COMMISSION fifth floors. A rooftop bulkhead was Landmarks approved two-story ad- also lowered by eighteen inches. Graham explained that the devel- dition for store-and-loft building Certificate of Appropriateness oper had consulted with Buildings after rejecting three previous designs . Tribeca, Manhattan On November 16, 2010, Landmarks about extending the building to the unanimously approved a revised Revised proposal for vacant lot line, but that it would “open up a design for a two-story addition to a Tribeca lot approved number of problems for them.” six-story store-and-loft building at Commissioner Fred Bland said Developer modified seven-story 33 West 19th Street in the Ladies’ that he believed that Landmarks project’s facade details in response Mile historic district. The Morris Ad- had “asked [the developer] to do to concerns expressed at prior hear- jmi-designed project went through too much,” and that he preferred ing . On November 16, 2010, Land- several iterations which Landmarks the original proposal. Bland, how- marks approved Real Estate Equi- deemed too large and too visible. ever, said the revised proposal was ties Corporation’s revised proposal The owner’s initial five-story still appropriate for the district. The to construct a seven-story residen- proposal featured a translucent other Commissioners found the ad- metal mesh that covered a setback tial building at the corner of Frank- ditional masonry and the changes facade. A reduced three-story design lin and Varick Streets in the Tribeca to the ground floor windows appro- followed the form of a traditional mansard roof and featured honey- comb-patterned, glazed aluminum and glass with masonry sidewalls and a terra cotta cap. Landmarks found the third proposal, which re- duced the mansard design to two stories and simplified the facade, too pedestrian compared to the cre- ativity of the previous design and still too large for the district. 7 City- Land 140 (Oct. 15, 2010). At the November meeting, Landmarks’ staff described Adjmi’s revised design. Similar to the previ- ous proposal, the addition would rise to two stories and only be visible Proposed seven-story building at the corner of Franklin and Varick Streets in Manhattan’s Tribeca from the street at indirect angles. West Historic District. Image: Courtesy studioMDA .

172 Volume 7 CITYLAND December 2010 the Bush Terminal Complex along LANDMARKS PIPELINE the Gowanus Bay in Sunset Park, Brooklyn. The redevelopment site is Proposed Designations – November 2010 generally bounded by 44th and 47th NAME ADDRESS ACTION DATE Streets to the north and south and 190 Grand St. House 190 Grand St., MN Designated 11/16/2010 is adjacent to the future site of the 192 Grand St. House 192 Grand St., MN Designated 11/16/2010 Bush Terminal Piers Park. The site Engineers’ Club 32 W. 40th St., MN Heard 11/16/2010 contains three buildings occupied Paul Rudolph Apts. 23 Beekman Pl., MN Designated 11/16/2010 by tenants with short-term leases. West End Collegiate HD Ext. Upper West Side, MN Calendared 11/16/2010 EDC intends to demolish the build- Riverside-West End HD Ext. I Upper West Side, MN Calendared 11/16/2010 ings prior to executing a ground Riverside-West End HD Ext. II Upper West Side, MN Calendared 11/16/2010 lease. In March 2007, EDC issued a Ref. Church of Highbridge 1272 Ogden Ave., BX Designated 11/16/2010 request for proposals to purchase priate, and Landmarks voted unani- feet wide and clad in Flemish the site and existing buildings. 4 mously to approve the project. Bond brickwork. The houses fea- CityLand 47 (April 15, 2007). ture pitched roofs with large dor- The redevelopment envi- LPC: 137 Franklin St., Manhattan mers. The buildings have retained sioned in EDC’s current request (10-9483) (Nov. 16, 2010) (Architect: much of their original architectural studioMDA). for proposals is related to the City’s fabric, with 190 Grand Street still Sunset Park Vision Plan, which cre- displaying brownstone lintels, and ated a framework for developing an LANDMARKS PRESERVATION the dormers of 192 Grand Street environmentally sustainable and COMMISSION retaining their decorative wood modern industrial waterfront. The trim. Both buildings have been al- area’s M3-1 zoning permits heavy Designations tered including having their first manufacturing and industrial uses. stories lowered to the ground level Little Italy, Manhattan EDC anticipates that any project to accommodate storefronts. would provide between 100,000 and Two 19th century rowhouses Although the buildings were 260,000 sq.ft. of floor space and in- on Grand Street designated considered separately, Commis- clude accessory parking spaces. Ac- sioner Fred Bland noted that the cording to EDC, it will not consider Adjoining rowhouses retain much two houses created a greater impact noxious uses on the site. Proposed of their Federal-era details . On No- together than either house would projects are required to qualify vember 16, 2010, Landmarks des- have individually. for the Green Build- ignated as individual City land- Landmarks voted unanimously ing Council’s LEED certification or marks two adjoining Federal-era to designate both buildings. achieve equivalent green-building rowhouses at 190 and 192 Grand and energy-saving standards. EDC Street in Manhattan. The build- LPC: 190 Grand Street House, 190 intends to execute a lease for the ings were constructed circa 1833 as Grand St., Manhattan (LP-2411); 192 parcel by Summer 2011. part of a row of five single-family Grand Street House, 192 Grand St., Responses must be received by dwellings. According to Landmarks, Manhattan (LP-2412) (Nov. 16, 2010). January 28, 2011. they were built as investment prop- erties for Stephen Van Rensselaer, EDC: Request for Proposals – Bush former New York lieutenant gov- ECONOMIC DEVELOPMENT Terminal Site (Nov. 1, 2010). ernor and founder of Rensselaer CORPORATION Polytechnic Institute. The three-and-a-half story Request for Proposals ECONOMIC DEVELOPMENT houses were built during a period Sunset Park, Brooklyn CORPORATION of time when Manhattan’s Four- EDC seeks developer for Request for Expressions of Interest teenth Ward, now part of Little Italy, Bush Terminal Complex site was becoming desirable for middle- West Harlem, Manhattan class families. As time went on, mid- Waterfront site is occupied by three EDC issues RFEI for redevel- dle-class residents were replaced buildings that EDC will demolish opment of bakery complex by working-class immigrants, and prior to execution of ground lease . the area’s single-family homes were On November 1, 2010, the City’s City is in process of reclaiming prop- converted to apartments, often with Economic Development Corpora- erty after Citarella failed to fully a retail establishment occupying the tion issued a request for proposals develop site . The City’s Economic ground floor. seeking developers to lease and re- Development Corporation issued a The two rowhouses are 25 develop a 130,000 sq.ft. portion of request for expressions of interest

December 2010 Volume 7 CITYLAND 173 for the purchase, redevelopment, An ALJ upheld the NOV. and rehabilitation of the former ADMINISTRATIVE DECISIONS Millner appealed to the En- Taystee Bakery complex on West vironmental Control Board, argu- Department of Buildings 125th and West 126th Street be- ing for the first time that he could tween Amsterdam and Morning- Rockaway Beach, Queens not be found in violation because side Avenues in West Harlem. The ECB dismissed charge the building code section he alleg- 134,000 sq.ft. complex includes an against architect edly violated did not become effec- occupied through-block building at tive until almost two years after the 461 West and five va- Board found that Buildings retro- plans were submitted. The Board cant buildings at 426 through 458 actively applied building code pro- agreed and dismissed the NOV, West 126th Street. EDC in 2001 se- vision after architect allegedly self- finding that Buildings had retro- lected gourmet grocer Citarella to certified non-conforming plans . In actively applied the cited building rehabilitate the buildings. Citarella 2006, architect David Millner sub- code section. The Board stated that opened a grocery at the West 125th mitted to Buildings self-certified al- while it did not normally consider Street property, but failed to de- teration plans depicting the replace- new arguments on appeal, a “funda- velop the remaining lots. The State ment of a 69 sq.ft. rear deck and the mental precept of law” is that a stat- Supreme Court in June 2009 award- enlargement of a basement bath- ute may not be retroactively applied ed title back to EDC. Citarella chal- room in a three-story home built in to prior conduct. The Board went lenged the decision and remains the 1930s at 1-69 Beach 91st Street in on to find that Buildings had also title holder of the property pending Rockaway Beach, Queens. Buildings incorrectly interpreted the zoning the outcome of the appeal. audited the plans and in February resolution. According to the Board, The complex’s West 125th 2010 issued Millner a notice of vio- up to 75 percent of a non-complying Street frontage is zoned for residen- lation for submitting certified plans structure built prior to 1961 may be tial use and includes a commercial that did not conform to applicable reconstructed as long as the work overlay, while the West 126th Street laws pursuant to a section of the does not increase non-compliance frontage is zoned for manufacturing building code enacted in July 2008. or create a new non-compliance. uses. The surrounding neighbor- According to the NOV, Millner’s NYC v . David Millner, ECB Appeal No. hood is characterized by four- to six- plans depicted a rear yard of less 1000535 (Nov. 18, 2010). CITYADMIN story apartment buildings and high- than two feet, rather than the 30- rise residential towers. Ground floor foot rear yard required by the zoning retail and second floor commercial resolution, and a rear deck made of ADMINISTRATIVE DECISIONS uses are found along West 125th combustible materials built within Street and portions of Amsterdam three feet of the property line. Build- Department of Buildings Avenue and Broadway. The area ings also claimed that the bathroom Midtown, Manhattan north of West 126th Street includes a enlargement increased the build- Metropolitan Transit Authority bus ing’s non-compliance with permit- NOV for falling glass at One garage, loft-type office buildings, ted floor area regulations. Bryant Park upheld and warehouse and retail space. At a hearing, Millner argued Board found that prior corrected vio- The Department of City Plan- that the building complied with lations justified increased penalty for ning is currently considering a re- zoning requirements since it was glass panel broken by snapped cable . zoning proposal comprising 90 built prior to the adoption of the On December 10, 2008 a glass panel blocks of West Harlem that includes 1961 zoning resolution. Milner fell from the 50th floor of One Bry- the buildings along West 126th pointed out that the plans did not ant Park in Midtown, Manhattan Street. EDC anticipates that the increase the building’s pre-existing after being struck by a steel safety complex’s West 125th Street front- non-compliance because he re- netting cable. Buildings issued a age will retain its current zoning and placed the existing deck with a 43 notice of violation to the contractor, that the City will rezone the por- sq.ft. deck. Millner further argued Tishman Construction Corpora- tion fronting West 126th Street to a that Buildings violated its own pro- tion, for failing to safeguard persons mixed-use M1-5/R7-2 district. The cedure by auditing the plans more and property while working on the rezoning proposal is expected to be- than ten days after they were ap- building. The issuing officer noted gin its public review in Spring 2011. proved. Buildings contended that that similar incidents involving fall- Responses must be submitted the plans violated the building ing glass occurred at the site in May to EDC by January 19, 2011. code because they did not comply and September of 2008 and charged EDC: Request for Expressions of with current zoning requirements Tishman with an aggravated viola- Interest – Former Taystee Bakery and claimed that there was no time tion and increased fine. (Nov. 17, 2010). limit for auditing building plans. At a hearing before an ALJ,

174 Volume 7 CITYLAND December 2010 such designation required estab- from neighbors about the events, lishing a pattern of failing to obey Buildings issued Third Church a stop-work orders, filing false docu- notice of intent to revoke the acces- ments, or multiple defaults. sory-use approval. Buildings found The Board denied the appeal, that the catering business appeared finding that Tishman failed to re- to be the principal commercial es- fute Buildings’ reasonable inference tablishment based on the frequency that the glass fell as a result of Tish- of events. The notice stated that, man’s failure to maintain the cable. beginning in six months, Buildings The Board noted that Tishman had would not allow any catered events offered no evidence that it had in- to be held at Third Church. spected the cable to determine if Third Church sued, claiming it was defective. The Board further that Buildings was treating it on un- found that the correction of prior equal terms with nonreligious in- violations did not negate Tishman’s stitutions in the area. Third Church pattern of non-compliance with the argued that the nearby Beekman City’s construction codes, and the and Regency hotels both operated imposition of a $6,000 civil penalty restaurants and event spaces in was therefore warranted. violation of the zoning resolution. NYC v . Tishman Construction Corp . of Rather than revoking its approvals, NY, ECB Appeal No. 1000692 (Oct. 28, Buildings had only issued the hotels 2010). CITYADMIN notices of violation for operating outside their certificates of occu- pancy. The district court found that COURT DECISIONS Buildings had treated Third Church The Bank of America Tower at One Bryant on less than equal terms with similar Park in Midtown, Manhattan. Image: CityLand . Department of Buildings secular entities and enjoined Build- ings from revoking its approval. 6 Tishman argued that it took all nec- Upper , Manhattan CityLand 15 (Feb. 15, 2009). essary safety precautions and that a Second Circuit affirms Park Buildings appealed the in- mechanical defect caused the cable Avenue church ruling junction, claiming that the hotels to snap. Tishman further argued were not valid secular compara- that it should not be charged with an District court stopped Buildings from revoking church’s catering permit . tors to Third Church and that the aggravated offense because it stipu- hotels had not been treated differ- lated to or corrected the prior viola- The Third Church of Christ, Scien- tist, located at and 63rd ently. Buildings argued that Third tions. Buildings countered that the Street in Manhattan, had a dwin- Church’s catering activities violated fact the cable snapped and broke dling congregation, and its 80-year- the zoning resolution because they the glass indicated that Tishman old building was in need of major did not qualify as an accessory use, failed to maintain safety measures. repairs. In order to avoid selling the while the hotels’ activities had qual- To support the increased fine, Build- building, Third Church agreed to al- ified as an accessory use under the ings submitted a computer record low Rose Group Park Avenue LLC to zoning resolution but allegedly vio- showing 39 NOVs against Tishman, cater private events at the church. lated their certificates of occupancy. nineteen of which were upheld or In exchange, Rose Group would pay The Second Circuit affirmed settled. The ALJ upheld the NOV for Third Church’s operating ex- the injunction. The circuit court and found that the evidence estab- penses and capital improvements. found that Third Church’s and the lished a history of non-compliance Prior to finalizing the agreement, hotels’ catering activities were simi- warranting an increased penalty. Third Church sought an accessory- larly situated, noting that they were Tishman appealed to the En- use permit to allow Rose Group located in the same residential zon- vironmental Control Board, reiter- to cater events when the building ing district and engaged in allegedly ating that the incident was caused was not being used by the congre- impermissible activities. Regardless by the defective cable and not by a gation. Buildings found that the of whether the activities violated the failure to provide safety measures. proposed use would qualify as an zoning resolution or a certificate of Tishman claimed that the mere “accessory use” under the zoning occupancy, the three entities were presence of multiple prior-correct- resolution, and the caterer began allegedly violating the City’s land ed violations was insufficient to holding private events. use regulations. The court added warrant an aggravated violation and After receiving complaints that Buildings’ notice of intent to re-

December 2010 Volume 7 CITYLAND 175 voke appeared to prohibit all cater- the Prospect Heights Neighborhood completion date and less stringent ing events at the church, including Development Council, challenged enforcement measures raised a concededly accessory catering uses ESDC’s adoption of the modified “substantial question” as to whether such as a wedding or baptism. In general project plan. The groups ESDC had a rational basis for us- contrast, there was no evidence that claimed that ESDC ignored the ing a ten-year build out ending in Buildings threatened to “shutter” impacts of the renegotiated MTA 2019. She ordered ESDC to make the hotels’ catering facilities, there- agreement on the project’s time additional findings on the impact of by permitting what Buildings must frame for construction and should both agreements on the continued have considered an accessory use. have concluded that additional en- use of the ten-year build out, and on vironmental review was warranted. whether additional environmental Third Church of Christ, Scientist v . After the community groups review was required or warranted. Buildings, 2010 WL 4869763 (2d Cir. Dec. 1, 2010) (Attorneys: John R. Cuti, filed their challenge, ESDC and Ratner in December 2009 signed a Develop Don’t Destroy Brooklyn Inc . for Third Church; Michael A. Cardozo, v . Empire State Development Corpora- master development agreement to Ronald E. Sternberg, for Buildings). tion, 2010 NY Slip Op 51907 (1st Dep’t implement the modified general Nov. 9, 2010) (Friedman J.) (Attorneys: project plan. The master develop- Philip E. Karmel, for ESDC; Jeffrey COURT DECISIONS ment agreement required Ratner to Baker and Albert K. Butzel, for com- substantially complete the project’s munity groups). Empire State Development Corp. final phase in 25 years or by 2035. Prospect Heights, Brooklyn Rather than submitting the COURT DECISIONS Court criticizes ESDC over master development agreement Atlantic Yards during oral arguments, ESDC relied on a one-page summary of the mas- Department of Buildings Court orders ESDC to consider ter development agreement and the , Manhattan whether extended timetable for proj- modified general project plan to Building owner denied ect’s completion requires supplemen- support its reasoning for continu- compensation from City tal environmental review . In 2006, ing to use a ten-year build out esti- the Empire State Development mate. The one-page summary cited Buildings vacated apartment build- Corporation approved the general to the modified general project plan, ing’s occupants before MTA started project plan for Forest City Ratner which required Ratner to use com- construction work nearby on the Sec- Companies’ Atlantic Yards project mercially reasonable efforts to com- ond Avenue subway line . The Met- in Brooklyn. The $4 billion project plete the project by 2019. Justice ropolitan Transportation Authority, includes a sports arena and sixteen Marcy S. Friedman found that ESDC before performing certain construc- high-rise buildings. Ratner agreed to had a rational basis for relying on tion work on the Second Avenue purchase air rights from the Metro- the ten-year build out and rejected subway line, contacted Buildings politan Transportation Authority at the challenge. regarding the building located at the beginning of the project in order The community groups sought 1766 Second Avenue. MTA was to facilitate the development of six to reargue the case and requested concerned that drilling, excavation, of the buildings. The project’s en- that Justice Friedman accept the and/or blasting for the new subway vironmental review assumed a ten- master development agreement line could cause the already-leaning year build out for the project and a into the record. Justice Friedman building to become unstable. Build- completion date of 2016. granted the request, finding that ings declared the building “unsafe In June 2009, Ratner and the ESDC failed to meet its obligation and an imminent peril,” and later is- MTA renegotiated the terms of their to submit a complete and accurate sued an emergency declaration stat- agreement to permit Ratner to ac- record during the initial challenge. ing that the building needed to be quire the air rights over a fifteen- Justice Friedman criticized ESDC, stabilized by bracing and shoring. year period extending to 2030. In noting that ESDC admitted in rear- Three weeks after the emer- September 2009, ESDC adopted the gument motions that it had antici- gency declaration, Buildings issued project’s modified general project pated that the master development a peremptory vacate order and al- plan. ESDC continued to assume a agreement would include a 25-year legedly vacated the building of oc- ten-year build out with an estimat- completion date prior to approv- cupants, locked it, and erected ed project completion date of 2019, ing the modified general project scaffolding around it. The prop- and concluded that no additional plan. According to Justice Fried- erty owner brought various claims environmental review was required. man, the MTA agreement’s exten- against the City and MTA, one of Two community groups, De- sion for acquiring air rights, and which alleged that its property was velop Don’t Destroy Brooklyn and the development agreement’s 2035 taken, without payment of fair con-

176 Volume 7 CITYLAND December 2010 CITYLAND PROFILES Douglas Durst discusses current projects and sustainable development in the City ouglas Durst, after winning a bidding contest are necessary to promote green building. D C h a i r m a n against Related Companies. The company Energy efficient buildings generally require of The Durst Orga- paid $100 million for an expected 10 per- higher initial outlays, but Durst says that nization, originally cent equity position in the building and will investing additional funds should be expect- planned to join the have exclusive responsibility for leasing and ed when developing a first-class green U.S. Foreign Service management of the building. building. According to Durst, the benefits Although the company has worked of building green — including lower energy as a career path. in partnership with the City’s Economic costs and more productive employees — Today, Durst is charged with leading one of Development Corporation, Durst believes have an enormous impact on the bottom line New York City’s most respected real estate that government agencies are not well- and should justify the higher cost without the development companies. He represents the equipped to develop commercial buildings. use of incentives. Durst believes, however, third generation of the Durst family to chair He explains that successful developments that the government can play an important the company that was founded by his grand- role by providing training and technical infor- father in 1915. require the ability to change direction and mation related to green building in order to Born in New York City, Durst gradu- make decisions quickly, “two things gov- make the process more accessible. ated from the University of California, Berke- ernment is not nimble at.” Durst, however, Discussing sustainability on a broader ley in 1966 with a degree in economics. states that private-public partnerships work He returned to the City to study at New well when a developer’s expertise is brought scale, Durst believes that a comprehensive York University’s Graduate School of Public to bear, as with . transportation plan is necessary to support Administration. Durst eventually joined the Sustainability as a mark of quality. continued development in the City. Durst family business in 1970, and he became According to Durst, “if you’re not building a commends the City’s promotion of bicycling, president in 1990. Durst’s first major project green building, you’re building an obsolete but says a larger approach is necessary and as president was the Condé Nast Building building.” As an early proponent of the the City should consider other transportation at 4 , a major component of green building movement, Durst says that solutions. In particular, Durst believes water- the redevelopment of Times Square and the the company’s focus on sustainability began borne transportation should be an important nation’s first large-scale office building to in the early 1990s when he and his cousin part of any comprehensive plan. As owner incorporate green building principles. assumed greater responsibility and sought of the New York Water Taxi, Durst also In July 2010, Durst stepped down as to increase the energy efficiency of the com- notes the need for transportation to link the co-president, a position he shared with his pany’s building portfolio. Durst says it was waterfront to the City’s interior. One idea cousin, Jonathan “Jody” Durst, to assume the “right thing to do” from an economic, proffered by Durst was to have the pedicabs the role of company chairman. Although not social, and moral standpoint. concentrated in Midtown provide transpor- as active in the day-to-day operations of the Durst explains that when the company tation from the ferry terminals to the City’s company, Durst explains that he has been built 4 Times Square he hoped it would central districts. more involved with their One World Trade create a model for future development. “Of A lasting legacy. The impact of the Center project than he anticipated. course, nobody paid us any attention at the on the City is apparent One World Trade Center. Since com- time,” says Durst. But he notes that around with 4 Times Square and One Bryant Park pleting the Bank of America Tower at One 2000, a change in development patterns piercing the skyline. But the company’s Bryant Park in Midtown, The Durst Organi- marked a tipping point for the industry’s crowning achievement may be less tan- zation has been busy working on the One awareness of green building. Durst says gible. Durst concedes that large-scale green World Trade Center project. The energy efficient buildings now are sought development was inevitable, but he points will reach a symbolic 1,776 feet making after by major commercial tenants, dem- out that his company was the first to dem- it the country’s tallest building. The Durst onstrating that sustainability has become a onstrate its feasibility, serving as a catalyst Organization entered into a joint venture desirable mark of quality. for the new industry standard. with the Port Authority of New York and Durst does not believe that incentives — Eugene Travers sideration, in order to facilitate sub- from excavation and blasting opera- mination, as the owner did not file way construction. The City moved tions. The court explained that com- an article 78 petition. to be dismissed from the case. pensation was not required if the 1766-68 Associates, LP v . City of New Justice Michael D. Stallman government’s action was necessary York, Index No. 118222/09 (N.Y. Cty. granted the City’s motion, ruling to prevent an impending danger Sup. Ct. Sept. 28, 2010) (Stallman, J.) that Buildings had acted within its stemming from the use or condition (Attorneys: Bruce H. Lederman, for power by guarding against the pos- of a property. The court added that owner; Michael A. Cardozo, William sibility of the building’s collapse it would not review Buildings’ deter- Vidal, for NYC).

December 2010 Volume 7 CITYLAND 177 ­New Decisions Added to CITYADMIN www .citylaw org. – November 2010*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 508 190 Brown Pl., BX UDAAP by HPD (1 lot) 10/27/2010 509 130 Seventh Ave., MN Revocable consent (sidewalk cafe) 10/27/2010 510 34 Union Sq. East, MN Revocable consent (sidewalk cafe) 10/27/2010 † 511–12 3rd Ave. Corridor Rezoning Zoning text amend. (incl. housing in C6-2A); 10/27/2010 and Text Amend., MN rezoning (C6-1 to C6-2A) † 513 Washington-Greenwich Rez., MN Rezoning (C6-1 to C1-6A) 10/27/2010 514 Hudson Yds./W. Chelsea, MN Zoning text amendment 10/27/2010 515 The Look Building, MN Landmark designation 10/27/2010 516 Burill House, MN Landmark designation 10/27/2010 517 490 LaGuardia Pl., MN Withdraw rev. consent (sidewalk cafe) 10/27/2010 518 44 W. 175th St., BX Property tax exemption 10/27/2010 567–8 Providence House I, BK Special permit (FAR); UDAAP by HPD (1 lot) 11/17/2010 569 760 Jefferson Ave., BK UDAAP by HPD (1 lot) 11/17/2010 570 184 W. 10th St., MN Withdraw rev. consent (sidewalk cafe) 11/17/2010 571 33 Greenwich Ave., MN Revocable consent (sidewalk cafe) 11/17/2010 572 Christ Church Complex, SI Landmark designation 11/17/2010 573 51st Cavalry Armory, SI Landmark designation 11/17/2010 574 76 , MN Revocable consent (sidewalk cafe) 11/17/2010 575 202 W. 36th St., MN Revocable consent (sidewalk cafe) 11/17/2010 576 164-14 104th Rd., QN UDAAP by HPD (1 lot) 11/17/2010 577 70 E. 127th St., MN UDAAP by HPD (1 lot) 11/17/2010 578 423 Forest Ave., SI UDAAP by HPD (1 lot) 11/17/2010 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE 706 East 9th Street UDAAP by HPD (45 units) MN 3 C100453HAM 10/27/2010 535 East 11th Street UDAAP by HPD (46 units) MN 3 C100452HAM 10/27/2010 Riverside Center Spec. permit (ht., setback, court regs., distance btw bldgs.); MN 7 C100296(A)ZSM; 10/27/2010 mod. orig. Riverside S. general large-scale permit; M920358(D)ZSM; cover railroad right-of-way; C100287ZSM; permit 1,800-space garage; C100288ZSM; permit 460-space garage; C100289ZSM; permit 230-space garage; C100290ZSM; permit 290-space garage; C100291ZSM; permit 370-space garage; C100292ZSM; permit 450-space garage; C100293ZSM; zoning text amend. (bulk, inclusionary housing); N100294(A)ZRM; zoning text amend. (mod. of use); N100295ZRM; permit auto sales and services N100297ZSM 97 Bldg. Landmark designation MN 3 N110092HKM 11/17/2010 Loew’s Canal St. Theatre Landmark designation MN 3 N110093HKM 11/17/2010 Methodist Episcopal Chapel Landmark designation MN 3 N110094HKM 11/17/2010 BOARD OF STANDARDS & APPEALS­ ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 471 Washington St., MN Amend. variance (res. use of ground fl.) App’d 181-06-BZ Goldman Harris 180 Ludlow St., MN Convert comm. bldg. to residential W/D 297-09-BZ Marvin Mitzner 75 First Ave., MN Dismiss for lack of prosecution W/D 242-09-A Slater & Beckerman 841 Broadway, MN Leg. phys. cult. est. (Jivamukti Yoga) App’d 131-10-BZ Fredrick A. Becker 240 W. 38th St., MN Leg. phys. cult. est. (Harmony Spa) App’d 106-10-BZ Sheldon Lobel PC 521 Fifth Ave., MN Ext. of term (Equinox gym) App’d 294-99-BZ Rothkrug Rothkrug 630 Fifth Ave., MN Ext. of term (The Sports Club/LA) App’d 33-99-BZ Rothkrug Rothkrug 320 E. 52nd St., MN Ext. of term (Bodescu Skin Care) App’d 161-00-BZ Stuart A. Klein 300 W. 125th St., MN Ext. of term (NY Sports Club) App’d 322-98-BZ Fredrick A. Becker 1176 E. Tremont Ave., BX Const. res bldg. & 2 mixed-use bldgs. App’d 268-09-BZ NYC HPD 1155 E. Tremont Ave., BX Const. res bldg. & 2 mixed-use bldgs. App’d 267-09-BZ NYC HPD 806 E. 147th St., BX Allow 5, 2-family residential buildings W/D 219-09-BZ– Gerald J. Caliendo 223-09-BZ *Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

178 Volume 7 CITYLAND December 2010 ­­­­New Decisions Added to CITYADMIN www .citylaw org. – November 2010*

BOARD OF STANDARDS & APPEALS (CONT.)­ ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 856 Remsen Ave., BK Perm. phys. cult. est. (Canarsie Fitness) App’d 126-10-BZ Sheldon Lobel PC 915 Dean St., BK Reduce required parking App’d 112-10-BZ Sheldon Lobel PC 269 77th St., BK Enlg. 1-family dwelling (side yard) App’d 105-10-BZ Eric Palatnik PC 46 3rd Ave., BK Dismiss for lack of prosecution D’missed 141-08-BZ Sheldon Lobel PC 2617 Harway Ave., BK Ext. of term. (funeral home parking) App’d 656-69-BZ Rothkrug Rothkrug 8801 4th Ave., BK Ext. of term (Honda dealership) App’d 752-29-BZ Jack Gamill 1954 E. 14th St., BK Enlg. 1-family dwelling (yards) App’d 117-10-BZ Fredrick A. Becker 1638 8th Ave., BK Extend time to obtain C of O App’d 366-05-A Greenberg Traurig 158 85th St., BK Enlarge 1-family dwelling App’d 152-10-BZ Peter Poruczynski 123 Coleridge St., BK Enlarge 1-family dwelling App’d 91-10-BZ Eric Palatnik PC 2032 E. 17th St., BK Legalize 1-fam. dwelling (yards) App’d 39-10-BZ Eric Palatnik PC 15 Luquer St., BK Allow res. use in manuf. dist. App’d 210-07-BZ Eric Palatnik PC 2557 Linden Blvd., BK Ext. time to obtain C of O (auto repair) App’d 395-60-BZ Sheldon Lobel PC 2777 Plumb 2nd St., BK Ext. time to obtain C of O (eating/drinking) App’d 214-00-BZ Harold Weinberg 54-32 Myrtle Ave., QN Leg. phys. cult. est. (Lucille Roberts) App’d 108-10-BZ Roberts Org. 29 Roosevelt Walk, QN Enlg. dwelling not fronting mapped st. App’d 139-10-A Gary D. Lenhart 20 Suffolk Walk, QN Enlg. dwelling not fronting mapped st. App’d 133-10-A Deidre Duffy 269-10 G.C. Pkwy., QN Ext. time to obtain C of O App’d 826-86-BZ– Eric Palatnik PC (non-accessory radio towers) 828-86-BZ 25-71 44th St., QN Const. 2-fam. dwelling (yards) App’d 234-09-BZ Sheldon Lobel PC 93-06 S.F. Pkwy., QN Ext. time to compl. construction App’d 110-10-BZY Cozen O’Connor 211-08 N. Blvd., QN Appeal DOB hotel denial W/D 111-10-A Victor K. Han 9 Olive Walk, QN Construction not fronting mapped st. App’d 188-10-A Gary D. Lenhart 20 Olive Walk, QN Construction not fronting mapped st. App’d 184-10-A Deidre Duffy 98-18 103rd Ave., QN Leg. phys. pult. est. (Karate America) App’d 129-10-BZ Andrea M. Harris 908 Clove Rd., SI Ext. time to compl. construction App’d 369-05-BZ Eric Palatnik PC 1949 Richmond Ave., SI Amend. variance (incr. pking, facade ht.) App’d 558-71-BZ Rothkrug Rothkrug 24 Nelson Ave., SI Legalize auto repair facility App’d 6-09-BZ Rampulla Assocs. 141 Mansion Ave., SI Ext. term (eating & drinking est.) App’d 26-94-BZ Rampulla Assocs. 15 Irving Pl., SI Remove term (warehouse w/offices) App’d 855-87-BZ Glen V. Cutrona LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 346 Broadway, MN N.Y. Life Insurance Co. Temp. shoring, removal of roof elements 11-3902 Yes 11/3/2010 71 E. 42nd St., MN Rem. floor section, inst. stair, elevator 11-4026 Yes 11/8/2010 476 Fifth Ave., MN N.Y. Public Library Install banner signs 11-4074 Yes 11/9/2010 337 W. Broadway, MN SoHo-Cast Iron HD Remove infill, inst. door 11-3874 Yes 11/3/2010 240 Mercer St., MN NoHo HD Inst. pergola at 7th floor terrace 11-3606 Yes 10/22/2010 39 Barrow St., MN Greenwich Village HD Const. stoop, repl. fencing, curbing 11-3963 Yes 11/5/2010 Washington Sq. Park, MN Greenwich Village HD Const. comfort station, inst. signs 11-4160 Yes 11/15/2010 150 Seventh Ave. S., MN Greenwich Village HD Repl. signs, inst. awnings, barber pole 11-3709 Yes 10/26/2010 224 W. 10th St., MN Greenwich Village HD Repl. doors, windows, reconst. stoop 11-3878 Yes 11/3/2010 44 E. 74th St., MN Upper East Side HD Leg. rear facade alterations 11-3633 Yes 10/25/2010 10 W. 74th St., MN Upper West Side/CPW HD Install canopy 11-3676 Yes 10/27/2010 302 Convent Ave., MN Hamilton Heights HD Inst. lift, repl. gate, mod. courtyard 11-3716 Yes 10/26/2010 500 12th St., BK Park Slope HD Const. stoop, wall, inst. ironwork 11-3849 Yes 11/1/2010 Brooklyn Hts., BK Brooklyn Heights HD Replace 272 lamp posts 11-3901 Yes 11/3/2010 55 Middagh St., BK Brooklyn Heights HD Const. rear add., alter facade 11-1507 Yes 10/27/2010 25 Washington St., BK DUMBO HD Est. master plan (windows) 11-3752 Yes 10/27/2010 177 Congress St., BK Cobble Hill HD Replace illegal windows 11-4152 Yes 11/12/2010 130 Maple St., BK Prospect Lefferts Gdns., BK Const. deck, inst. french doors 11-3790 Yes 10/28/2010 48-05 39th Ave., QN Sunnyside Gardens HD Install railing at porch steps 11-4066 Yes 11/9/2010

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

December 2010 Volume 7 CITYLAND 179 The Center for New York City Law New York Law School 185 West Broadway New York NY 10013-2921

The City Council’s Land Use Committee modified Extell’s Riverside Center project (view along Riverside Blvd. of the proposed West 60th St. extension). See story on page 165. Image: Courtesy Atelier Christian de Portzamparc .

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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, New York City Council BSA 3,491 2002-Present Weil, Gotshal & Manges LLP Council 1,084 2003-2005 Gibson, Dunn & Crutcher LLP CPC 1,743 2003-Present Kramer, Levin, Naftalis & DOB 68 1999-Present Frankel LLP Landmarks 2,431 2002-Present Fried, Frank, Harris, Shriver & Loft Board 2,852 1996-Present Jacobson LLP