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CITYAUGUST 2012 center forLAND new york city law VOLUME 9, NUMBER 6 Table of Contents CITY COUNCIL Modified NYU plan OK’d . 85 CITY PLANNING COMMISSION Chelsea MarketFPO plan debated . 87 So . Williamsburg project OK’d . 89 BOARD OF STANDARDS & APPEALS Revised BSA rules adopted . 90 The City Planning Commission held a public hearing on July 25, 2012 to consider Jamestown Properties’ plan to expand the Chelsea Market (view of the proposed Tenth Avenue addition). Western Beef in West Harlem . .90 See story on page 87. Courtesy of Jamestown Properties and Studios . al, and the Planning Commission’s CITY COUNCIL modifications here.) LANDMARKS More than 200 people signed Rezoning/City Map Amendment Riverside/West End HD extended . 91 up to testify in front of the Subcom- Fifth Ave . hotel tower proposed . 91 Greenwich Village, Manhattan mittee, with opponents reiterating So . Street Seaport project heard . 93 their concerns about the project’s Project near Whitney approved . 93 NYU Campus Expansion Plan Reduced Further impact in the neighborhood. Lo- New building in Tribeca . 95 cal Council Member Margaret Chin Harlem addition criticized . 96 [posted 7/25/2012] said she could not support the cur- NYU agreed to limit heights of the rent proposal, and urged NYU to Zipper Building and Boomerang work with her to further reduce the CHARTS Buildings, and to provide commu- proposal’s density. Council Mem- DCP Pipeline . .C-1 nity center if no public school is built ber Chin was confident that it was ULURP Pipeline . .C-1 on site . On July 25, 2012, the City possible to “strike a balance that BSA Pipeline . .C-2 Council modified New York Univer- upholds the integrity” of Greenwich Landmarks Pipeline . .C-2 sity’s campus expansion proposal Village and meets NYU’s academic CityAdmin o. rg New Decisions . C-4 in Greenwich Village. Opposition to needs. Council Member Jessica S. the project, which had already been Lappin agreed with Chin, finding reduced by the City Planning Com- the current proposal “too dense, mission, remained when it reached too big, too tall…too much.” Lap- the City Council’s Zoning & Fran- pin acknowledged NYU’s claims chises Subcommittee public hear- that it needed to expand in order to ing on June 29, 2012. (See CityLand’s accommodate its current student coverage of NYU’s original propos- population, but (cont’d on page 87) www.CityLandNYC.org 85 COM M E NTARY Praise for Con Edison and the Utility Workers Union The Consolidated Edison lockout began on July 1, 2012. Despite summer heat and record electric demand, Con Edison’s supervisors and auxiliaries kept the City functioning. Computers operated, elevators carried people up and down, lights stayed on, and offices remained cool. Compared to the impact of the three-day transit strike of 2005, the City functioned without a hitch. Both management and the union deserve credit. Striking is one thing; stopping the flow of electricity, gas and steam to New York City is quite another. Pension costs were behind the lockout. Pension expenses for Con Edison have risen tenfold. In 2006 pension costs were $76 million; in 2012 pension costs rose to $741 million. Con Edison needed the Utility Workers Union, Local 1-2, to accept a new pension plan for future new hires. Con Edison had already switched its managers to the new pension plan. Given the fierce emotions over pensions, Con Edison had to plan for a strike. The risk for Con Edison was fumbling a sudden hand-off from 8,000 regular workers to 5,000 managers and auxiliary workers who would be deployed on short notice. Con Edison CEO Kevin Burke and President Craig Ivey led the preparation that kept the lights on. Management did not want a lockout or a strike, but were prepared for that contingency. They did not fumble the handoff. Harry Farrell, President of Utility Workers Union, Local 1-2, deserves credit for his experienced leadership of a highly pro- fessional union and for negotiating a contract fair to his members and to the rate payers. Everyone deserves credit for ending the strike with little visible animosity. Lockouts end, and when they do, the locked out workers return to work with the same supervisors and office workers who replaced them during the lock- out. Success for Con Edison was in prevailing through the 26 days, and also in moving on after the settlement. The hand-back to the union employees after the settlement was as much of an achievement as continuation of service during the lockout. Ross Sandler CITYLAND Ross Sandler Luna Droubi ’11 Jesse Denno Professor of Law and Director, Fellow Staff Writer, Production Asst . The Center expresses appreciation to the Center for New York City Law Lebasi Lashley Sarah Knowles Peter Schikler ’08 Art Director Administrative Coordinator individuals and foundations supporting the Associate Director Petting Zoo Design Andrew Thompson ’13 Center and its work: The Steven and Sheila Aresty Managing Editor Julian Maxwell ’13 Foundation, Fund for the City of New York, CityLand Editor Legal Interns 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 by the Albert K. Butzel Ross Moskowitz ’84 Paul D. Selver CITYLAND Center for New York City Law at New York Law School, 185 West Broadway, New York City, New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York 10013, tel. (212) 431-2115, fax (212) 941-4735, Stanley S. Shuman, Michael D. Hess Ernst H. Rosenberger ’58 e-mail: [email protected], website: www.citylaw. Chair Lawrence S. Huntington ’64 Rose Luttan Rubin org © Center for New York City Law, 2012. All Arthur N. Abbey ’59 William F. Kuntz II Frederick P. Schaffer rights reserved. Printed on recycled paper. Maps Sheila Aresty ’94 presented in CITYLAND are from Map-PLUTO Eric Lane Frederick A.O. Schwarz, Jr. Harold Baer, Jr. copyrighted by the New York City Department of Randy M. Mastro O. Peter Sherwood David R. Baker City Planning. City Landmarks and Historic Dis- Robert J. McGuire Michael A. Cardozo Edward Wallace tricts printed with permission of New York City Francis McArdle Anthony Coles Richard M. Weinberg Landmarks Preservation Commission. Paul A. Crotty John D. McMahon ’76 Peter L. Zimroth Richard J. Davis Thomas L. McMahon ’83 James D. Zirin POSTMASTER: Send address changes to Michael B. Gerrard Gary P. Naftalis CITYLAND, 185 West Broadway, New York, New Judah Gribetz Steven M. Polan York 10013-2921. Periodicals postage paid at New York, New York. Kathleen Grimm ’80 Gail S. Port ’76 Eric Hatzimemos ’92 Joseph B. Rose CITYLAND Volume 9 • August 2012 www.CityLandNYC.org 86 its review. At its review session on July 23, 2012, the Planning Commis- sion found that the modifications to NYU’s proposal would not trigger additional review. On July 25, 2012, the full City Council approved the proposal by a vote of 44-1-0. Coun- cil Member Charles Barron voted against the proposal. Council: New York University Core (July 17, 2012). CITY PLANNING COMMISSION Rezoning/Text Amendment Chelsea, Manhattan Chelsea Market Expansion Plan Runs Into Opposition and Concerns About the NYU’s original proposal for the two superblocks in Greenwich Village. The plan was reduced during High Line the City Planning Commission and City Council’s review. Credit: New York University . [posted 7/27/2012] stated that NYU had made the sign, dedicated community uses, Borough president and local com- choice to “have a very large under- and the use of Minority & Women- munity board oppose current plan graduate population.” Members Owned Business Enterprise busi- to build additions to the eastern and of the Subcommittee repeatedly nesses during construction. NYU western sides of block-long Chelsea questioned NYU’s representatives will provide a public atrium of no Market . On July 25, 2012, the City about the university’s outreach ef- less than 7,500 sq.ft. in the ground Planning Commission held a public forts, noting opponents’ claims that floor of the Zipper Building. Within hearing on Jamestown Properties’ NYU ignored community concerns one year, NYU will provide at least expansion plan for Chelsea Market during the planning process. The 6,000 sq.ft. of space in 4 Washing- at 75 Ninth Avenue in Manhattan. hearing was recessed to allow fur- ton Square Village for community The Market is a complex of 18 differ- ther negotiations between NYU and use. Further, if by 2014 the School ent buildings occupying the entire the Council. Construction Authority decides block bounded by West 14th and When the Subcommittee not to build a public school in the West 15th Streets and Ninth and reconvened in July, Chair Mark proposed building at the corner of Tenth Avenues and was formerly Weprin announced that the pro- Bleecker Street and LaGuardia Place, occupied by Nabisco. A portion of posal had been modified. NYU rep- NYU will make plans to provide the the High Line elevated park runs resentatives described the changes, core and shell of a 25,000-square- through the Market’s western edge which reduced the above-grade foot community center in the build- on Tenth Avenue. The Market pro- density by 26 percent. The height ing. Additionally, NYU agreed to vides more than 1.1 million sq.ft. of the Zipper Building’s podium expand the responsibilities of the of space for food-related and non- would be reduced from 168 feet to Open Space Oversight Organization food-related retail and wholesale 85 feet, with the massing of the stag- to include more NYU-owned public businesses, along with media and gered towers shifted south toward areas and parkland.