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CITYLAND R2 OCTOBER 15, 2005 center for city law VOLUME 2, NUMBER 9

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t Highlights h S d. t R . le . Hicksville Rd. vil ve B s ck A CITY COUNCIL e Hi an a h c ee h M Rockaway zoning criticized . . . .129 8

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Sanitation compromises ...... 131 S B t e ve. . a nett A c 26-story Lenox Hill tower OK’ed . .132 La h R4-1 5 th B

388-foot Tribeca tower OK’ed . .133 e S t a . c . h ve Chelsea garage approved ...... 133 vis A 7 Jar R5 t Rego Park Mall to expand . . . . .134 h S

t College Point down-zoned . . . . .135 .

lvd. R3X CITY PLANNING COMMISSION irt B Seag Illegal Chelsea garage rejected . .136 R4A SI gets shopping center ...... 136 Seagirt Ave.

Ocean Dreams in Coney Island . .137 B B B B B e e e e e a a a a a SI comm. overlay eliminated . . .138 c c c c c h h h h h

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S S S S S BOARD OF STANDARDS & APPEALS t t t t . . . . t . SoHo building restored ...... 138 Out-of-date layout not unfit . . .139 Executive spa gets permit ...... 139

Far Rockaway and Mott Creek Rezoning: Zoning Approved by the City Council on September 15, 2005 LANDMARKS used with permission of the Department of City Planning. All rights reserved. Gilbert’s warehouse designated .139 community’s overdevelopment. Far West Village calendared . . . .140 CITY COUNCIL It called for the rezoning of an Oakman Tudor designated . . . .141 Map Amendment area bounded by Hicksville Road to Far Rockaway/Mott Creek, Queens the north, Beach 9th Street and COURT DECISIONS Beach 6th Street to the west, Seagirt 2 sale OK’ed . .141 Far Rockaway rezoning allows Avenue and the Far Rockaway Inlet larger and smaller homes to the south, and the Nassau Coun- CHARTS ty line to the east. Under the pro- Developers and residents DCP Pipeline ...... 132 posal, the area north of Seagirt claimed rezoning was racially moti- Boulevard was rezoned from R3-1 ULURP Pipeline ...... 134 vated. On September 15, 2005, the to R4-1 to allow larger residential BSA Pipeline ...... 137 City Council approved a zoning buildings and decrease the lot size Landmarks Pipeline ...... 139 map amendment to rezone a 21- requirement. South of Seagirt Landmarks Actions ...... 140 block area encompassing Mott Boulevard was down-zoned from Citylaw.org New Decisions . .142, 143 Creek and the West Lawrence sec- R5 to R4A and R3X. tion of Far Rockaway in Queens. At the September 7, 2005 hear- New DOB Permits ...... 143 The proposal was initiated by area ing before the Subcommittee on residents concerned about their Zoning and Fran- (cont’d on page 131)

October 15, 2005 Volume 2 CITYLAND 129 COMMENTARY CITYLAND is Now One Year Old – and Still Growing With this issue dated October 15, 2005 CITYLAND celebrates its one-year anniversary, a milestone for any publication. CITYLAND has moved from a concept to a vibrant feature of the civic landscape. As more than one subscriber has said, “How come it took so long for someone to publish this kind of land use information?” We can’t speak for others, but we do know that we are proud of CITYLAND and delighted that so many readers find it useful, readable and worth the price. There have been many highlights during the year. In the November 25, 2004 Metro Section of David Dunlap gave CITYLAND a rave review. He described CITYLAND as a “comprehensive, timely guide to the workings of all of the arms of government involved in land use.” Dunlap quoted Planning Commission Chair Amanda Burden as saying that “For those of us who live and breathe land use, it’s our ‘must read.’” Novem- ber 25, 2004 was Thanksgiving, so, to make sure that Times readers who might that day focus more on their turkey than the Metro Section, we mailed out hundreds of copies of Dunlap’s review. In May 2005, The Newsletter on Newsletters gave CITYLAND its gold award in the organization newsletter category. Now every issue bears the gold award logo. This is a credit to the design of CITYLAND , especially its maps, photos, charts and overall legibility. Robert Merola, our designer, shared the award with the Center. Publishing a monthly newsletter is a little like standing in the surf; you jump over one wave and the next wave is upon you. Land use issues move very quickly, so we decided, with not a little fear, to publish monthly. Under Molly Brennan’s editorship, CITYLAND hit every monthly deadline. This allowed CITYLAND to present Pipelines of current information listing applications just filed, ULURP proposals just certified, and potential land- marks just calendared. No one had published such information before. People ask whether we make a profit on CITYLAND , and the answer is not even close. Without financial sup- port from the funders listed in the credit box below, from New York Law School, and especially from CITYLAND subscribers, neither this issue of CITYLAND nor any issue would have made it to the mail box. What will happen in CITYLAND ’s second year? I don’t know, but we are already working on the next issue; November 15th is only four weeks away. Ross Sandler CITYLAND

Ross Sandler Robert Merola Michele M. Herrmann ‘06 Executive Editor and Director, Design Director Research Assistant The Center expresses appreciation to the individu- Center for New York City Law als and foundations supporting the Center and its Angelina Martinez-Rubio ‘04 work: The Steven and Sheila Aresty Foundation, Melanie Cash ‘02 Kevin Schultz ‘05 Associate Director Fellows in New York City Law The Robert Sterling Clark Foundation, Fund For the City of New York, The Horace W. Goldsmith

Molly Brennan Jeffrey Ocasio Foundation, The Murray Goodgold Foundation, Editor, CityLand Web Master Jerry Gottesman, The Marc Haas Foundations, The CITYLAND ADVISORY BOARD New York Community Trust, The Prospect Hill Foundation, and The Revson Foundation. Kent Barwick Howard Goldman Frank Munger Andrew Berman David Karnovsky Carol E. Rosenthal CITYLAN D (ISSN 1551-711X) is published 11 times Albert K. Butzel Ross Moskowitz ‘84 Paul D. Selver a year by the Center for New York City Law at New 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, Michael D. Hess Norman Redlich law.org © Center for New York City Law, 2004. All Chair rights reserved. Printed on recycled paper. Maps Lawrence S. Huntington ‘64 Joseph B. Rose CITYLAND Arthur N. Abbey ‘59 William F. Kuntz II Rose Luttan Rubin presented in are from Map-PLUTO Harold Baer, Jr. copyrighted by the New York City Department of Eric Lane Frederick P. Schaffer David R. Baker City Planning. City Landmarks and Historic Dis- Randy M. Mastro Frederick A.O. Schwarz, Jr. Edward N. Costikyan tricts printed with permission of New York City Richard Matasar Paul A. Crotty O. Peter Sherwood Landmarks Preservation Commission. Robert J. McGuire Richard J. Davis Edward Wallace Francis McArdle Richard M. Weinberg POSTMASTER: Send address changes to Fernando Ferrer CITYLAND Michael B. Gerrard John D. McMahon ‘76 Peter L. Zimroth , 57 Worth Street, New York, New York Judah Gribetz Thomas L. McMahon ‘83 James D. Zirin 10013-2960. Periodicals postage paid at New York, New York. Kathleen Grimm ‘80 Steven M. Polan

130 Volume 2 CITYLAND October 15, 2005 chises, area residents and develop- ed the approval to stop undergoing Yassky, Williamsburg’s representa- ers spoke in opposition of the development. Disagreeing with this tive, in his opening remarks noted rezoning, arguing that it was racial- action, Phillips commented that the community complaints about park- ly motivated to prevent minorities “Commission was not a policing ing and washing trucks in the street, from moving into the area. Several agency.” The Commission found and recommended that the Council of the witnesses mentioned specific that the rezoning was consistent refuse to ratify Sanitation’s behavior. incidents of discrimination and with the existing neighborhood Yassky, who does not sit on the Sub- commented that they felt the pro- context and infrastructure, and committee, said he would vote posal was being accelerated. would produce new development against any extension when it came Subcommittee Chair Tony that would be more characteristic of before the full Council. Avella claimed that this was the the low-density, detached housing Sanitation’s Daniel Klein worst example he had seen of devel- found in Mott Creek. explained that Sanitation imple- opers trying to beat the clock before Council: Far Rockaway & Mott Creek mented operational changes in a rezoning and said that illegal and Rezoning (September 15, 2005); CPC: response to the Community Board’s unsafe construction in the area was Far Rockaway & Mott Creek Rezoning concerns, and stated that the Board putting residents in jeopardy. Avella (C 050511 ZMQ – map amendment) had expressed at its September 19th expressed surprise about the oppo- (August 24, 2005). CITYADMIN meeting that it was encouraged by sition to the proposal, considering the changes. Klein testified that the Far Rockaway was being up-zoned, CITY COUNCIL Rutledge Street operations would and said that the need to act quickly be transferred in the short term to a was in recognition that something new garage under construction on needed to be done before a commu- Acquisition Varick Street in Brooklyn while liti- nity was lost to overdevelopment. Williamsburg, Brooklyn gation continued on its permanent Before recommending approval, Council flip-flops on replacement site. Klein estimated Avella stated that he doubted the Sanitation garage that the Varick Street construction rezoning was racially motivated. The would be complete in 18 months. Subcommittee approved. Council granted 21-month When asked by Yassky if construc- At the September 8, 2005 Land lease for controversial Williamsburg tion could be rushed and complet- Use Committee hearing, Council garage after heated debate. The ed within a year, Klein explained Member James Sanders, Jr., repre- Department of Sanitation, with a that 24 months was the outside date sentative of the area, stated that he last minute compromise, obtained and Sanitation needed at least 18 continued to denounce racism and Council’s approval to extend its months. bigotry in his district, but that he felt Williamsburg garage lease at 306 Despite Sanitation’s 18-month both the down-zoning and the up- Rutledge Street for 21 months. estimate, Yassky suggested that the zoning were necessary and should Williamsburg’s Community lease be restricted to one year to be looked at separately. He added Board 1 and local residents had “give Sanitation incentive to get it that there was danger in buying into opposed any extension of Sanitation’s done faster.” Klein emphasized that the developers’ arguments when lease term at the Rutledge street loca- it was impossible to complete con- presented in the context of down- tion. Despite complaints that Sanita- struction within 12 months, com- zonings, which he felt were the tion blocked parking spaces and menting that neither the agency nor number one issue facing communi- washed trucks along the street and the community would benefit from ties in the city. The full Council sidewalk, the Planning Commission an artificial deadline. The Subcom- approved at the stated meeting on granted Sanitation a 24-month lease mittee approved a one-year lease September 15, 2005. extension. In doing so, it cited Sanita- term following Yassky’s proposal. ULURP Process: The Planning tion’s continuing need for the facility At the full Land Use Commit- Commission, as lead agency, issued and its efforts toward securing the tee later that afternoon, Chair a negative declaration on June 20, garage’s permanent relocation. 2 City- Melinda Katz announced that the 2005. Queens Community Board 14 Land 116 (Sept. 15, 2005). Following proposal had been modified to a and Borough President Helen Mar- the Commission’s approval, the City 21-month term. Council Member shall approved. Council voted on August 17, 2005 to Simcha Felder, chair of the Sub- Following an August 10, 2005 hold a hearing and require full Coun- committee that passed the one- hearing, the Commission approved cil approval of any lease continuation. year restriction, asked for clarifica- on August 24th with Commissioner At the September 26th hearing tion, adding that a reduction from Karen A. Phillips abstaining from before Council’s Subcommittee on the 24 months sought by Sanitation the vote. Phillips commented that Landmarks, Public Siting and Mar- to 21 months did not seem like a she felt the Commission accelerat- itime Uses, Council Member David compromise by Sanitation. Katz

October 15, 2005 Volume 2 CITYLAND 131 explained that Yassky and Sanita- CITY PLANNING PIPELINE tion had reached a last minute agreement and the 21-month peri- od was the only period on the table. New Applications Filed with DCP - Sept. 1 - Sept. 30, 2005 The Land Use Committee approved APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE the 21-month lease, sending it to ZONING TEXT AND MAP AMENDMENTS the full Council, which approved on 177 W. 126th 283-299 7th Ave., MN Rezone to allow mixed uses 060118ZMM Petraro & Jones September 28, 2005. DCP Homecrest Rezoning, BK Rezone 70 blocks 060129ZMK DCP DCP Sheepshead Text and map amendment (8 blocks) 060132ZMK; DCP Council: Brooklyn North District 3 San- Bay Rezoning, BK 060133ZRK itation (September 28, 2005); CPC: Downtown LLC 60 Central Ave., BK Rezone for 6-story mixed-use bldg. 060148ZMK Wachtel & Masyr Brooklyn North District 3 Sanitation (C 050027 PQK – acquisition of property) DCP Middle Vill. Rezoning, QN Rezone 161 blocks 060153ZMQ DCP (August 8, 2005). CITYADMIN SPECIAL PERMITS/OTHER ACTIONS

511 W. 24th St. Boesky Gallery, MN No High Line easement for new bldg. 060119ZCM Kramer Levin CITY COUNCIL M & R Hotel Hotel, MN Increase floor area 060137ZCM Fredrick Becker HPD Salem House, MN UDAAP - 7-story bldg. 060140HAM HPD Map Amendment/Special Permit EDC/Parks/ Yankee Stadium Redev., BX Spec. permit for 949-space garage; 060149ZSX; EDC/Parks/ DCAS Modify rear yard req. for garage; 060150ZSX; DCAS Lenox Hill, Allow new tennis facility; 060148MCX; Dispose of City-owned property for 060145PPX; redevelopment; Acquire prop. for 060146PPX; York Ave. tower approved new 54,000 seat stadium 060147PPX over opposition DCP E. 162nd Demapping, BX Demap area of E. 162nd St. 060141MYX DCP DCP Ruppert Pl. Demapping, BX Demap area of Ruppert Pl. 060142MYX DCP New residential tower will be DCP E. 151st Demapping, BK Demap area of E. 151st St. 060143MYX DCP nine feet from adjacent co-op build- Brighton Dev. Oceana-Brighton, BK Add 34,907 sq.ft. to development 910478ZMK Herrick Feinstein ing. On September 28, 2005, the City LPC Austin Nichols, BK Report to Council on designation 060166HKK LPC Council approved a text amend- ment and special permit to allow LPC Fitzgerald Ginsberg, QN Report to Council on designation 060167HKQ LPC construction of a 26-story, mixed- Isaac Yomtovian Authur Kill Rd., SI Construct 120 units (school cert.) 060128RCR Victorio Assoc. Gateway Cathedral Gateway Cathedral, SI Permit for 941-space parking garage; 060134ZSR; Whitehead Phillippi use building at 1129-1133 York Modify size of parking facility; 060135ZAR; Avenue in Manhattan. The proposal Modify topo. 060136ZAR called for a zoning map amend- Northfork Bank Northfork Bank, SI Enlarge bank & add parking 060143MYX Howard Goldman ment to change the site from C8-4 to C1-9 and a special permit to build west corner of the tower to provide stated that their request to move the a 100-space parking garage. greater light; and seeking reconsid- building east by eight to ten feet had The developer, the Witkoff eration from Buildings to allow a 9- not been met and that Witkoff had Group, plans to use HPD’s Inclu- foot separation to be continued stopped further negotiations. At the sionary Housing Program to devel- below the base of the building. hearing, both sides committed to op inclusionary units off-site on At the September 20, 2005 continue negotiations. The Sub- East 76th Street between First and hearing before the Subcommittee committee closed the hearing, but York in exchange for a bonus to on Zoning and Franchises, Marvin adjourned the vote to September develop the proposed project as-of- Mitzner, representing Witkoff, cited 26, 2005. right with a total of 138,576 sq.ft., to the prior negotiations and testi- At the September 26th vote, 120 dwelling units and 6,171 sq.ft. of fied that, although the context of Witkoff submitted a letter reporting retail space. the building was not part of the the outcome of the renewed negoti- Shareholders of 440 East 62nd application, the developer had ations, which stated that it would Street, an adjacent co-operative, made concessions to try to accom- not locate the tower any further opposed the 26-story tower, arguing modate 440’s concerns. Mitzner west; it would use reflective tech- that it would adversely impact light also stated that two letters submit- niques on the building to direct and air in 57 of 143 units in their ted by Witkoff to the Subcommittee greater sunlight into 440’s court- building. In negotiations with 440, in support of the application yard; and it would use its best Witkoff made four concessions: showed an “extraordinary effort by a efforts to adjust the location of the relocating the residential tower developer to accommodate a tower by either shifting the tower from the north lot line to provide neighboring building.” further east, shaving bulk from the nine feet of separation; enlarging Shareholders of 440 nonethe- western wall of the tower, or creat- the inner court to provide 120 feet less opposed. They reiterated their ing a second notch at the northwest of open area; notching the north- concern about light and air, and corner of the tower.

132 Volume 2 CITYLAND October 15, 2005 Subcommittee Chair Tony concern over potential depravation Avella responded that “it was not CITY COUNCIL of light and air to the school the end of the matter, only the because a majority of the school’s beginning,” noting that the Coun- Special Permit/UDAAP windows face the site. cil would make sure that Witkoff Lower Manhattan The Subcommittee postponed works with 440. At the September the vote after experts on both sides 26, 2005 Land Use Committee 388-foot West Street residen- agreed to work toward technical hearing, Committee Chair Melinda tial tower approved solutions to the light, air and noise Katz noted that the project, which problems. According to The New Developer addresses noise con- is located in Council Speaker Gif- York Times, Minskoff agreed to cerns for construction near down- ford Miller’s district, had his sup- commit $2 million toward noise town elementary school. An 815,000- port. The Committee approved abatement measures such as a 20- square-foot residential/retail proj- and the full Council approved on foot-high sound wall and hydraulic ect, including a 388-foot tower to the same day. pile driving hammers. front West Street in lower Manhat- On September 28, 2005, the Sub- ULURP Process: The Planning tan, obtained City Council approval committee, the Land Use Committee, Commission, as lead agency, issued on September 28, 2005. and the full Council approved. a negative declaration conditioned The mixed-use project, to be on Witkoff submitting a hazardous constructed on a site bounded by Council: 270 Greenwich Street/Site 5B materials sampling to DEP. Manhat- West, Warren, Greenwich and Mur- (September 28, 2005); CPC: 270 Green- tan’s Community Board 8 approved ray Streets, required special permits wich Street/Site 5B (C 050427 HAM – with conditions, including that a to vary height, setback, and rear UDAAP designation/disposition of seismographic monitor be installed yard requirements, and to construct property); (C 050428 MEM – eliminate easement); (C 050429 ZSM – modify at the site of the landmarked Abigail a 400-space parking garage. 2 City- height, setback, yard); (C 050430 ZSM – Adams Smith Museum and nearby Land 118 (Sept. 15, 2005). buildings prior to demolition. Bor- 400-space parking garage) (August 10, At the September 20, 2005 2005) (Edward J. Minskoff, Edward J. ough President C. Virginia Fields hearing before the Council’s Sub- Minskoff Equities, Inc.; Mustafa K. approved with the condition that committee on Planning, Disposi- Abadan, AIA, Skidmore Owings & Mer- Witkoff revisit the building’s rear tions and Concessions, the Eco- rill LLP; Robert S. Davis, Bryan Cave design to allow more space between nomic Development Corporation LLP). CITYADMIN the building and 440. and developer Edward J. Minskoff The Planning Commission Equities, Inc. stressed that the CITY COUNCIL approved the application on August building would not maximize its 24, 2005, finding that the current FAR potential and included con- Special Permit C8-4 district was no longer appro- struction of a Community Youth Chelsea, Manhattan priate for the area, the proposed C1- Center at 200 Chambers Street. The 9 district would fit in with the tradi- EDC and Minskoff also raised the Controversial Chelsea tional Upper East Side pattern of community’s recommendation that parking garage approved high density residential buildings construction noise be kept below 45 and ground floor retail on the decibels in order to avoid distur- Developer agrees to market avenues, and that the parking bances to nearby P.S. 234 elementary monthly parking to residents. A con- garage would not create serious school. The developer expressed troversial 83-space Chelsea public traffic congestion or inhibit surface that the recommendation was too parking garage obtained City Coun- traffic or pedestrian movement. The strict because ambient noise in that cil approval on September 15, 2005 Commission also noted that the neighborhood has been measured after Council Member Christine building’s design was out of the at 70 decibels. Quinn urged support. scope of its approval. Council Member Alan Gerson The public parking garage, part spoke in support of the project, but of a 15-story, 109-unit as-of-right Council: 1129-33 York Avenue Rezoning insisted that noise abatement building planned for 155 West 21st & Parking Garage (September 26, 2005); measures be taken to protect the Street, required a special permit, the CPC: 1129-33 York Avenue Rezoning & physical and emotional health as approval of which Community Parking Garage (C 040488 ZMM – map well as the education of P.S. 234 stu- Board 4 opposed at the Planning amendment); (C 040489 ZSM – special permit for parking garage) (August 24, dents. Gerson specifically noted Commission. 2 CityLand 119 (Sept. 2005) (Marvin B. Mitzner, Cozen that many of the school’s students 15, 2005). Following the Commis- O’Connor, for Witkoff; Howard Zipser, were evacuated on September 11th sion’s approval, Council Member Stadtmauer Bailkin Biggins LLC, for and could still suffer trauma from Quinn requested that the full Coun- 440). CITYADMIN extreme noise. He also expressed cil take review of the project due to

October 15, 2005 Volume 2 CITYLAND 133 the community’s strong opposition. Island Expressway, Junction Boule- At the Council’s September 7, CITY COUNCIL vard, 62nd Drive and 97th Street. 2005 hearing before the Subcom- The site had been the subject of sev- mittee on Zoning and Franchises, Rezoning/Special Permit eral unbuilt development propos- the attorney for the developer, 155 Rego Park, Queens als, including one in 1976 and one West 21st Street, stated that the Mall expansion approved in 1986. The special permits developer had agreed to market required for the proposed project spaces as monthly parking to resi- Mall to expand at Rego Park site allow the developer to modify dents of the proposed building. once considered by Wal-Mart. On height and setback requirements Spaces not rented by residents September 15, 2005, the City Coun- for the residential towers; reduce would be rented to the public on an cil approved a text amendment, spe- the number of accessory off-street hourly basis. At the hearing, Quinn cial permit and modification of a parking spaces; modify signage; asked the developer to revisit the restrictive declaration to allow the and construct a two-level vehicular option of additional marketing of expansion of the Rego Park Mall in and pedestrian bridge across 62nd monthly spaces to residential build- Rego Park, Queens. Alexander’s Inc., Drive connecting the existing mall ings on the immediate block, but the applicant, and Vornado Realty parking garage with the new one. commented that with the current Trust, the developer, proposed a 1.8 At the September 7, 2005 hear- agreement she urged the full Sub- million-square-foot project consist- ing before the Subcommittee on committee’s approval. ing of a 600,000-square-foot four- Zoning and Franchises, Michael Following Quinn’s recommen- story mall with 1,416 parking spaces Berfield, project manager for Vorna- dation, the Subcommittee approved. at the base and two residential tow- do, called the proposal “a landmark The full Council approved on Sep- ers totaling 600,000 sq.ft. with 450 project” for Queens. The architect tember 15th. apartment units rising above the for the project, Stanton Eckstut, tes- Council: 155 West 21st Street (Septem- base structure. Retailer Century 21 tified that the project’s design was ber 15, 2005); CPC: 155 West 21st Street will occupy 122,000 sq.ft. uniquely tailored to Queens’ resi- (C 040473 ZSM – 83-space parking The 277,000-square-foot proj- dential communities and would garage) (July 27, 2005) (Jordan Most, for ect site, currently used as a surface create a new public space. 115 West 21st Street). CITYADMIN parking lot, is bounded by the Long Council Member Melinda Katz stated that Vornado was the same ULURP PIPELINE developer that agreed to end discus- sions with Wal-Mart and worked City Planning Comm. ULURP Certifications with the community and the MTA in putting together the proposal. She PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED questioned the developer about Woodlawn Rezoning Zoning Map Amendment BX 12 060110ZMX 9/12/2005 three outstanding issues raised by Brush Ave. Rezoning Zoning Map Amendment (R4 to R4A) BX 10 060109ZMX 9/12/2005 the Community Board: the inclusion Village of Baychester Zoning Map Amendment (R3-2, R6 to R3A) BX 10 060108ZMX 9/12/2005 of a supermarket; the increase in Green Child Care Ctr. Acquire 450 Castle Hill Ave. to con’t use BX 9 040527PQX 9/12/2005 community facility space; and a NAACP Child Ed. Ctr. Acquire 670 E. 219th St. to con’t use BX 12 050471PQX 9/12/2005 commitment to develop the residen- Omnipoint Telecomm. Spec. permit (ht.) - telecomm. pole SI 3 050494ZSR; 9/12/2005 N050495RAR tial space concurrently with the mall Salem House UDAAP (48 units) MN 10 060140HAM 9/26/2005 expansion. In response, Berfield stat- IAC Garage Special permit (parking garage) MN 4 050388ZSM 9/26/2005 ed that Vornado is currently in dis- Yankee Stadium Disposition of City-owned property; BX 4 060145PPX; 9/26/2005 cussions with several retail chains to Acquire property; City map amendment; 060146PPX; secure a supermarket and that it is Special permit (parking garage) 060147PPX; 060148MCX; committed to devoting 2,500 sq.ft. to 060144PQX; community facility use. Although 060056MMX; 060057MMX; Berfield would not provide a firm 060058MMX; date for completion of the residen- 060059MMX; 060149ZSX; tial portion, he stated that its foun- 060150ZSX dation would be set during the first 22 Caton Place Zoning Map Amendment (R6 to R7A) BK 7 050203ZMK 9/26/2005 phase of construction. Council Homecrest Rezoning Zoning Map Amendment (90 blocks) BK 15 060129ZMK 9/26/2005 Member Katz responded that if Vor- Sheepshead Bay Rezon. Map and Text Amendment BK 15 060132ZMK; 9/26/2005 nado fails to proceed with the resi- N060133ZRK dential portion, it may have to come DOS Dist. 14 Garage Con’t use as garage QN 14 040439PQQ 9/26/2005 back to Council. Middle Village Rezoning Zoning Map Amendment QN 5 060153ZMQ 9/26/2005 The Subcommittee referred

134 Volume 2 CITYLAND October 15, 2005 the application to the Land Use r Committee, which approved on ve Ri st M2-1 September, 8, 2005. The full Council Ea approved on September 15, 2005. R4 ULURP Process: The Planning R 4-1 R3-2 Commission, as lead agency, issued a draft environmental impact state- R3A

1 R4 - Powell’s R2A 3 ment on February 25, 2005, and a R Cove C3 R1-2 final environmental impact state- R2A R4-1 ment and notice of completion on R4-1 R3-2 July 15, 2005. M1-1 M1-1 R4-1 R4A

Community Board 6 approved, M2-1 R2 2

recommending that Vornado reduce - R4A

1 M

2 the retail portion, guarantee a M1-1 - R 4-1 1 completion date for the housing M M2-1 units, finance improvements to the M1-1 63rd Drive/Rego Park subway sta- tion, use security guards in the R4A mall’s interior passageway and be M1-1

1

M1-1 R4A - prohibited from converting the 4 proposed residential space to non- R B

5 residential use except for a public C3 R R2A school. Queens Borough President R4 Helen Marshall approved with sim- Flushing R4A ilar conditions. Bay R4 R4 At the Commission’s hearing on June 8, 2005, a representative of M1-1 M3-1 the Rego Park Sustainable Commu- nities Coalition argued that the pro- M3-1 posed project did not adequately College Point Rezoning: Proposed Zoning used with permission of the New York City Department of address the needs of the area resi- City Planning. All rights reserved. dents and expressed concerns about traffic and the height of the Finding that over two-thirds of residential towers. The Commission CITY COUNCIL the lots retained the original 1961 zon- approved the application on July 27, ing, the Planning Department pro- 2005, with Commissioner Angela R. Rezoning posed a complex, contextual down- Cavaluzzi recusing herself. College Point, Queens zoning of 3,900 lots to zoning districts Council: Rego Park Mall Expansion (R2A, R3A, R3-1, R4A and R4-1) that College Point rezoned to restrict development to one and two- (September 15, 2005); CPC: Rego Park protect residential areas Mall (N 040541 ZRQ – text amend- family homes. It also proposed to rezone College Point Boulevard to ment); (C 040542 ZSQ – special permit Queens down-zoning covering for parking, height, signage); (M allow multi-family development and 161 blocks was designed by City Plan- 860562(A) ZSQ – modification of to increase the opportunity for retail ning. Increasing demolition of small restrictive declaration) (July 27, 2005) uses. Five blocks were rezoned from single-family and detached build- (Gary R. Tarnoff, Samuel H. Linden- manufacturing to residential zoning ings for new, large apartment devel- baum, Kramer Levin Naftalis & Frankel to reflect the current residential devel- CITYADMIN opments had concerned the College LLP, for Vornado). opment on those lots. Point community and Community Board 7. Borough President Helen The Council’s Subcommittee Marshall’s zoning task force and the on Zoning and Franchises and the Land Use Committee approved Did you know? community urged the Planning Department to commence a com- without changes. The full Council When built, 120 ’s Equitable approved on September 28, 2005. Building cast a 7-acre shadow, leading prehensive down-zoning to protect to the creation of zoning setback laws. its smaller residential character and ULURP Process: The Planning to analyze the broad areas remaining Commission, as lead agency, issued a zoned for manufacturing. negative declaration on June 20, 2005,

October 15, 2005 Volume 2 CITYLAND 135 identifying lots that, when developed, Because Skyview was operating the Under the City Charter, the would require further environmental garage illegally, the Board recom- permit is not subject to City Coun- review due to potential hazardous mended that the application be eval- cil’s review because the permit was materials, noise and air quality issues. uated based on its current problems denied by City Planning. The Commission issued a revised rather than the Zoning Resolution CPC: 151 West 17th Street (C 040223 negative declaration on August 5, standards for public parking garages. ZSM – special permit for parking 2005 that removed requests for fur- At the June 27, 2005 hearing on garage) (August 24, 2005). CITYADMIN ther air quality studies. the project, Skyview said that it had Community Board 7 and intended to operate a public park- Queens Borough President Helen ing garage since the inception of the CITY PLANNING COMMISSION Marshall approved without condi- project, but the garage operator had tions. The Commission unanimous- failed to seek a special permit. Special Permit ly approved on September 12, 2005, Skyview also said that it ceased the Charleston, Staten Island but modified the proposal to retain garage operator’s contract immedi- the existing zoning along College ately upon receiving negative feed- Staten Island shopping cen- Place between 8th Avenue and 9th back from Community Board 4 and ter approved Road and on 9th Avenue between the Borough President. Skyview Mall to be built on 7.7 acres of 119th Street and College Place. then presented plans to install safe- vacant woodland. Guido Passarelli ty features in the garage. Council: College Point Rezoning (Sep- sought Planning Commission tember 28, 2005); CPC: College Point In a unanimous vote, the Com- approval to construct a 136,271- Rezoning (C 050482 ZMQ – map amend- mission disapproved the applica- square-foot shopping and office CITYADMIN ment) (September 12, 2005). tion. The Commission noted that center on a 7.7-acre site of undevel- the garage’s unusual layout, which oped woodland in the Charleston resulted in inadequate interior CITY PLANNING COMMISSION section of Staten Island. The five turning radii and unsuitable reser- proposed buildings would contain a voir space, would create vehicular Special Permit home improvement store, a dis- and pedestrian traffic congestion. count department store, retail out- Chelsea, Manhattan The Commission also said that the lets and office space, and would Permit denied illegal Chelsea building’s use as a public garage include a 454-space parking lot. parking garage would exacerbate congestion Access to the site, which is bound by because public garages typically Veterans Road West, Tyrellan have more traffic than accessory Thirty-two space garage had Avenue, the Korean War Veterans garages. Commissioner Karen A. sought special permit to continue Parkway and the West Shore Phillips added that while a negative operation. Landowner El-Ad Skyview, Expressway, would be along Veter- LLC sought Planning Commission determination for a special permit ans Road West. to legalize use is rare, the Commis- approval for the continued opera- Passarelli’s development required sion should adhere to a policy with tion of a 32-space public parking a special permit to allow the large respect to when and where to garage on the ground floor and cel- retail use and approvals for the encourage public parking. Com- lar of an existing 12-story residential removal of trees and grading. The missioner Irwin G. Cantor building located at 151 West 17th site’s existing 426 trees would be expressed displeasure with the Street in Chelsea. The building was removed and replaced with 277 developer’s apparent bad faith and constructed in 2001 with an as-of- trees within the parking lot, side- added that the owner should be right, 10-space accessory garage, walk and along the setback areas. aware that it created an impossible but has since been operating with- At the August 10, 2005 public access situation. out a permit as a 32-space public hearing, Passarelli’s representative garage. Access to the garage is pro- ULURP Process: The Planning stressed that the shopping center vided on West 17th Street, which is a Commission, acting as lead agency, would provide a needed alternative one-way, westbound street. issued a negative declaration on to Staten Islanders, who now travel Community Board 4 by letter April 11, 2005. to New Jersey to shop. The Commis- recommended denial of the permit. On June 1, 2005, Community sion approved on September 14, The Board claimed that the over- Board 4 voted 31 to 0 to recommend 2005, noting that the project would crowded garage space required denial of the permit. Borough Presi- provide tax revenue and jobs to the shifting of cars on West 17th Street dent C. Virginia Fields recommend- city. The Commission found the and the sidewalk, creating conges- ed approval only if the tenant who auto access adequate and noted tion and blocking on-street parking had operated the garage illegally that the two highways adjacent to and sidewalks for residents. was evicted. the site, Korean War Veterans Park-

136 Volume 2 CITYLAND October 15, 2005 way and the West Shore Expressway, Brooklyn Borough President of great things to come for Coney provided a natural buffer between Marty Markowitz, in his com- Island.” The full Commission the mall and Staten Island’s estab- ments to the Commission, enthusiastically approved, men- lished residential neighborhoods. requested that 20 percent of the tioning that the project was the ULURP Process: The Planning units be required to be affordable first unsubsidized residential Commission, as lead agency, issued for moderate and middle-income development in Coney Island in a conditional negative declaration families. Markowitz requested over 50 years. The Commission on August 8, 2005 and recorded a that sale prices for these 62 units approval noted that 11- and 19- restrictive declaration against the be set at $200,000 to $250,000 for story residential towers were property requiring additional haz- one-bedroom units, $320,000 to located directly north of Ocean ardous materials tests. The appli- $400,000 for two-bedroom units Dreams’ site. No affordable hous- cant also agreed to contact DOT six and $380,000 to $400,000 for ing requirement was set by the months after construction to imple- three-bedroom units. Commission’s approval. ment signaling changes. At the Commission’s August ULURP Process: The Plan- Community Board 3 and Bor- 10, 2005 hearing, the developer ning Commission, as lead agency, ough President James P. Molinaro claimed to have met with HPD issued a conditional negative dec- recommended approval. and HDC and found that afford- laration on August 8, 2005 and able housing funding programs recorded a restrictive declaration CPC: Veterans Road Shopping Center (C applied only to rentals or co- 030399 ZSR – special permit for large against the property requiring CITYADMIN operatives and were therefore additional soil studies. retail) (September 14, 2005). inapplicable to the project. The Community Board 13 recom- developer told the Commission mended approval. In addition to that it would set sale prices at CITY PLANNING COMMISSION recommending that 20 percent of $350,000 to $600,000 and com- the housing be set at affordable mented that this range would Rezoning sales prices, Borough President hopefully attract moderate and Coney Island, Brooklyn Markowitz urged the developer to middle-income families. Weisz use Brooklyn contractors and 313-unit housing project to stressed that the project was the material suppliers. front Coney Island boardwalk only market-rate residential proj- ect in the immediate area. City Council review is pending. First unsubsidized project Voting to approve on Septem- CPC: Ocean Dreams (C 050393 ZMK – built in Coney Island in past 50 ber 14, 2005, Chair Amanda Bur- map amendment) (September 14, 2005) years gets Commission approval. den called the project “a harbinger (Scarano Architects, PLLC). CITYADMIN Coney Island developer, David Weisz & Sons, sought to rezone five lots along Surf Avenue and Coney BSA PIPELINE Island Beach to allow the construc- tion of two seven-story residential New Applications Filed with BSA - Aug. 30 - Sept. 23, 2005 condominium towers with 313 APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE market-rate units to be called Ocean Dreams. When compiled, VARIANCES the five lots would comprise a Yeshiva Imrei 1824 53rd St., BK Catering use in R5 290-05-BZ Stuart A. Klein 133,843-square-foot development Maria Musacchio 1060 82nd St., BK Legalize enlarged attic 288-05-BZ Harold Weinberg, P.E. site stretching from West 35th to Constantine Zahria 34-29 37th St., QN Rooftop addition 284-05-BZ Alfonso Duarte R. DelliGatti 10-33 Burton St., QN Floor area, open space, yard 291-05-BZ Morsellino/Palatnik West 37th Streets along the Riegel- Robert L. Benson 34 Duncan Rd., SI Enlarge 1-family dwelling 285-05-BZ Rothkrug Rothkrug mann Boardwalk. SPECIAL PERMITS/OTHER ACTIONS Weisz currently owns four of the five lots, all of which are vacant. Aaron Heskins 407 Allen Ave., BK Legalize addition 207-05-BZ Eric Palatnik, P.C. Taber. of Praise 1106 Utica Ave., BK Waive rear yard 289-05-BZ Eric Palatnik, P.C. The fifth lot contains a three-story community center that would be APPEALS demolished to make way for the Elite 29 Realty 538 W. 29th St., MN Revoke approval 292-05-A Stuart A. Klein housing project. With the rezoning Ezra G. Levin 5260 Sycamore Ave., BX Building in bed of mapped street 286-05-A Kramer Levin Breezy Point Co-op 47 Graham Place, QN Building in bed of mapped street 205-05-A Zygmunt Staszewski (from R5 to R6A), Weisz could Breezy Point Co-op 9 Bayside Dr., QN Enlarge 1-family dwelling 206-05-A Gary Lenhart, R.A. increase the project’s height from 40 Breezy Point Co-op 22 Pelham Walk, QN Building not on mapped street 283-05-A Zygmunt Staszewski feet to 70 feet and its permitted floor 32-42 33rd St. LLC 32-42 33rd St., QN DOB permit - cell tower 287-05-A Evie Hantzopoulos area limit from 167,303 sq.ft. to Natalie Lyn, LLC Richmond Terrace, SI Building not on mapped street 208-05-A - Stadtmauer Bailkin 401,529 sq.ft. 282-05-A

October 15, 2005 Volume 2 CITYLAND 137 users currently on their site. CITY PLANNING COMMISSION On September 14, 2005, the Commission approved all three Rezoning applications to remove the commer- Staten Island cial overlays, finding that their elimi- nation was appropriate because the Commission votes to end areas remain primarily non-com- commercial option mercial and the zoning change would stop commercial uses from Twenty-one areas to lose com- encroaching on established residen- mercial zoning overlay. In 2003, tial neighborhoods. The Commis- Mayor formed sion modified the proposal to retain the Staten Island Growth Manage- commercial zoning in three small ment Task Force to examine overde- areas in Port Richmond, West New velopment in the borough. The Task Brighton and Rosebank: on Bement Force’s recommendations resulted Avenue between Myrtle and Morri- in new zoning controls adopted in son Avenues, on Post Avenue 2004 restricting the size and density between Heberton and Port Rich- Rendering of 44 Mercer Street. Printed with of Staten Island residential develop- mond Avenues, and on a portion of permission of TRA Studio. ment. A loophole remained for lots Vaughan Street. within residential zones that were The site’s current two-story structure also subject to commercial district ULURP Process: The Planning abuts a rear building and offers no overlays. Along with allowing com- Commission, as lead agency, rear yard space. issued a negative declaration on mercial uses on these lots, the com- Lipkis argued that the site’s nar- May 23, 2005. mercial overlays permitted large as- row 27-foot width and the abutting All three Staten Island Com- of-right residential developments. rear building made it impossible to munity Boards recommended The Task Force had recom- realize a reasonable rate of return approval. Borough President James mended the elimination of por- while conforming to the district’s P. Molinaro approved all three tions of 21 commercial overlays manufacturing and 40-foot rear yard applications without change. along streets in Staten Island that requirements. Lipkis further stated remained primarily residential in City Council’s mandatory review that the proposed 24-foot rear yard character, and the Planning is pending. would improve existing conditions. Department, in May 2005, initiated CPC: Staten Island Commercial Overlay Lipkis submitted alternate designs three separate rezoning applica- Rezoning (C 050453 ZMR – map amend- for office use and residential use with tions to remove lots that retained ment); (C 050454 ZMR – map amend- a 30-foot rear yard, but argued that their residential character from all ment); (C 050455 ZMR – map amend- he could not realize a reasonable 21 commercial overlays. ment) (September 14, 2005). CITYADMIN return under either scenario. A joint hearing was held on the The site is within the SoHo-Cast three applications on August 10, BOARD OF STANDARDS & APPEALS Iron Historic District and the pro- 2005. Seven property owners and posed building has been approved developers spoke, asking that their SoHo, Manhattan by Landmarks. Lipkis stated that he specific lots retain commercial zon- intends to preserve the building’s ing. Four opponents claimed to BSA approves 7-story SoHo cast iron pilasters and granite piers have taken steps toward developing residential bldg. to conform with the streetscape. commercial buildings on their lots. A Rosebank developer, with a site Fire-damaged building in his- Community Board 2 recom- partially impacted by the rezoning, toric SoHo to be restored and increased mended approval on condition that claimed to have commenced archi- in height. Morty Lipkis, owner of 44 eating and drinking uses be prohib- tectural plans for a proposed drug Mercer Street, a 2,480-square-foot lot ited on the cellar and first floor. store. A second developer stated in SoHo, proposed to replace a vacant BSA determined that none of that a lot on Wyman Road in South- fire-damaged building zoned for the alternate designs were feasible, ern Great Kills had specifically been manufacturing with a 102-foot tall, finding that there was no reason- purchased for a large commercial seven-story mixed-use building. The able possibility that as-of-right office development. Two Port Rich- proposed building would serve resi- development would provide a rea- mond property owners claimed to dential and retail uses with 12,549- sonable return and prohibited eat- have purchased their lots for com- square-feet of floor space, requiring ing and drinking establishments on mercial uses or to have commercial variances for use and rear yard size. the cellar and first floor.

138 Volume 2 CITYLAND October 15, 2005 BSA: 44 Mercer Street (394-04-BZ) (Sep- housing. Since both buildings would trates its marketing and hotel serv- tember 13, 2005) (Deirdre A. Carson, be demolished, BSA explained that ices around its spa and gym, offer- Greenberg Traurig LLP, for Lipkis); LPC: hardship and uniqueness must be ing spa packages, in-room mas- 44 Mercer Street (COFA#04-4892) (April shown by examining the condition sages and a “fitness concierge” to 5, 2004). CITYADMIN of the lots, not the buildings. arrange gym and spa services for The applicant argued that the guests. site’s high water table and poor soil Applying to BSA to legalize its BOARD OF STANDARDS & APPEALS conditions necessitated a variance. 3,564-square-foot spa and gym, Studies submitted by the applicant Affinia argued that its continued Variance showed that the lot’s water table use would not impact adjacent uses Long Island City, Queens was higher than seven other prop- and would not be detrimental to the erties in the area and the need to public welfare. Affinia stated that it BSA rejects waivers for L.I.C. build piles for the project added employed only licensed masseurs. apartment bldg. $200,000 to the project cost. BSA granted the permit, limit- BSA unanimously voted to ing it to ten years and requiring an Queens developer claimed out- deny the variance, explaining that additional application with any of-date layout made apartments uniqueness could not be shown by future change in ownership. unfit. A Queens developer proposed comparing only seven nearby prop- to demolish two adjacent two-fami- BSA: 150 East 34th Street (389-04-BZ) erties when there were 60 others in ly buildings in Long Island City, (September 23, 2005) (Francis Angeli- the immediate area that seemed replacing them with a five-story, 20- no, for Affinia Dumont). CITYADMIN similar to the developer’s lots. With a unit building that required waivers total development cost of over $2.1 from BSA for floor area, yard, million, the added $200,000 was not LANDMARKS PRESERVATION height, setback and open space. significant to establish hardship. COMMISSION The proposal was strongly BSA: 14-38 31st Drive (272-04-BZ) (Sep- opposed by the community, Bor- Designation ough President Helen Marshall, tember 20, 2005) (Sullivan Chester, for CITYADMIN Williamsburg, Brooklyn Community Board 1 and Council the developer). Members Peter F. Vallone, Jr. and Gilbert-designed warehouse Tony Avella. Faced with community BOARD OF STANDARDS & APPEALS designated opposition, the developer slightly Preservationists fear City Coun- decreased the proposal to a 15,005- Special Permit square-foot 16-unit building that cil will overturn Landmarks’ desig- Kips Bay, Manhattan remained 6,140 sq.ft. larger than an nation. Landmarks voted unani- as-of-right development. East Side hotel legalizes its mously on September 20, 2005 to At the BSA hearing, the devel- gym and spa designate the Austin, Nichols & Co. oper claimed that the existing two- Warehouse despite extensive oppo- family, roughly 2,100-square-foot Mid-town hotel, marketing itself sition from its current owner, Coun- buildings needed to be demolished as a spa/fitness-getaway, had no per- cil Member David Yassky and for- because the apartments lacked mit for its spa. The Affinia Dumont mer City Council Member Kenneth “modern layouts,” explaining that Hotel, advertising itself as “New Fisher, who appeared on the the bathrooms had to be accessed York City’s only Executive Fitness owner’s behalf. Constructed in 1913 by walking through the kitchen and Suite Hotel,” had illegally operated a along the East River in Brooklyn, the living room. A modern layout, spa and gym without a permit since six-story reinforced concrete Austin according to the applicant, required May 2004. Located at 150 East 34th Nichols building is attributed to the bath to be adjacent to the bed- Street, the 37-story hotel concen- Cass Gilbert, the architect of the room. The applicant added that the buildings had never been upgraded LANDMARKS PIPELINE and suffered structural damage due to flooding. Designations – September Following a site visit by all four BSA members, BSA denied the NAME ADDRESS ACTION DATE applicant’s argument, finding the Weehawken St. HD Manhattan Calendared 9/20/2005 Greenwich V. HD Ext. Manhattan Calendared 9/20/2005 buildings fit for residential purpos- Stewart & Co. Bldg. 404 , MN Calendared 9/20/2005 es. Lack of the most advantageous Fitzgerald-Ginsberg 145-15 Bayside Avenue, QN Designated 9/20/2005 layout or modern upgrades is insuf- Austin, Nichols & Co. 184 Kent Avenue, BK Designated 9/20/2005 ficient to prove buildings are unfit as Kahn Building 2 , MN Calendared 9/27/2005

October 15, 2005 Volume 2 CITYLAND 139 Woolworth Building and U.S. Cus- marks to consider that he had ing that the Austin Nichols building toms House, and considered his received BSA approval to increase showed the breadth of Gilbert’s first warehouse design using con- the building’s size, costing him over work. Landmarks unanimously crete construction. $1 million for project plans. voted to approve. Experts for the current owner, Proponents, including the Cass The Historic Districts Council appearing at Landmarks July 2005 Gilbert Society, provided documen- and other preservationists noted hearing, argued that the original tation of the warehouse’s significance after the vote that the real battle will owner’s desire to build the ware- within Gilbert’s body of work and be at the City Council, which has house “on the cheap” greatly dimin- argued that the 500,000-square-foot the power to overturn the designa- ished Gilbert’s impact on the final building could be adaptively re-used. tion. HDC noted that Yassky’s strong building design and Yassky added Voting on September 20th, opposition to the designation of the that a vote to designate would con- Commissioner Roberta Brandes Williamsburg warehouse, which is flict with Council’s approved plans Gratz explained that after reviewing within his district, could impact for the re-use of Brooklyn’s aban- all the opposition testimony, she other Council members. doned industrial waterfront. 2 City- did not find the “arguments as com- Land 107 (Aug. 15, 2005). The owner, pelling as the arguments in sup- LPC: Austin, Nichols & Co. Warehouse, 184 Kent Avenue (LP-2163) (September Lewis Kestenbaum, asked Land- port.” Gratz voted to designate, not- 20, 2005) (Paul D. Selver, Kramer Levin Naftalis & Frankel LLP, for Kestenbaum). Landmarks Actions Taken in September FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS LANDMARKS PRESERVATION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D COMMISSION September 13, 2005 119 Chambers St., MN Tribeca South HD Install storefront, const. add. 05-5883 Yes Designation Calendaring 462 Greenwich, MN Tribeca North HD Alter load. dock, install door 05-8453 Yes 675 Hudson St., MN Gansevoort Market HD Construct 2 exterior stairs 05-8161 Yes Greenwich Village, Manhattan 135 W. 4th St., MN Greenwich Village HD Alter facade, rooftop mech. 06-0223 Yes 228 W. 10th St., MN Greenwich Village HD Replace sidewalk 05-5863 Yes Far West Village to have 314 W. 11th St., MN Greenwich Village HD Legalize sign 06-0338 W/Mod district designation hearings 101 7th Ave. S., MN Greenwich Village HD Install infill, alter facade 06-1328 No 112 Prince St., MN SoHo-Cast Iron HD Construct rooftop addition 06-0624 Yes Two new proposed districts 182 9th Ave., MN Chelsea HD Install infill 05-8691 Yes would encompass 50 buildings west 12 E. 18th St., MN Ladies’ Mile HD Install infill, signage 05-1350 Yes of Greenwich Village Historic Dis- 475 Amsterdam, MN / CPW HD Install sign 06-1121 Yes 323 W. 88th St., MN Riverside - West End HD Construct rear yard addition 05-6509 Yes trict. Landmarks took the first step 13 E. 77th St., MN Upper East Side HD Construct rear yard addition 05-7430 Yes towards expanding the Greenwich 10 MM Park W., MN Mount Morris Park HD Construct bulkheads 05-8023 W/Mod Village Historic District and creat- 26 Remsen St., BK Brooklyn Heights HD Construct additions 05-5444 W/Mod ing a new historic district along September 20, 2005 Weehawken and West Streets in 84-86 4th Ave., MN Grace Church/School Construct addition, gym 06-0219 Yes Manhattan by voting unanimously 647 Fifth Ave., MN Vanderbilt Residence Install infill, signage, awning 05-8804 W/Mod on September 20, 2005 to hold hear- W. 83rd - 91st, MN Riverside Park Const. bike/pedestrian path 05-5457 Yes 4302 4th Ave., BK 68th Precinct House Construct addition, entrance 05-0784 Yes ings on the designations. 78 Franklin St., MN Tribeca East HD Const. addition, install ramp 05-5827 Yes As proposed, the Greenwich 128 Spring St., MN SoHo-Cast Iron HD Construct rooftop addition 05-6849 Yes Village Historic District Extension 293 W. 4th St., MN Greenwich Village HD Const. addition, replace facade 06-1554 Yes would add 36 buildings within the 670 6th Ave., MN Ladies’ Mile HD Reclad facade 05-6398 Yes three-block area bound by Perry, 650 6th Ave., MN Ladies’ Mile HD Const. addition, alter facades 05-5162 W/Mod Washington, Christopher and 53 Gansevoort, MN Gansevoort Market HD Install storefront, windows 05-6201 Yes 1140 Broadway, MN Madison Square HD Install infill, marquee 05-2749 Yes Greenwich Streets. The district 4-8 E. 73rd St., MN Upper East Side HD Alter facade, areaway 05-1647 Yes extension would encompass resi- 133 E. 74th St., MN Upper East Side HD Reclad facade, alter openings 05-8311 Yes dential, warehouse and stable 330 W. 77th St., MN West End Collegiate HD Construct additions 05-6892 Yes structures. Landmarks voted unani- 107 W. 82nd St., MN Upper West Side / CPW HD Legalize facade painting 05-6565 Yes mously to calendar a hearing with 15 E. 84th St., MN Metropolitan Museum HD Const. bulkhead, alter entrance 05-5744 Yes Chair Robert Tierney crediting 132 E. 92nd St., MN Carnegie Hill HD Alter facade, areaway 06-0192 Yes 17 E. 96th St., MN Carnegie Hill HD Install air conditioner 05-7973 No Council Member Christine Quinn 863 Carroll St., BK Park Slope HD Construct additions 05-4767 W/Mod as being instrumental in voicing her 176 Columbia Ht., BK Brooklyn Heights HD Install windows 05-7031 Yes district’s desire to expand the pro- 302 Warwick Ave., QN Douglaston HD Construct additions 05-6390 Yes tection of the Greenwich Village 41-45 240th St., QN Douglaston Hill HD Amend approval (fence) 06-1532 Yes Historic District to encompass *Bold indicates the decision is covered in this issue. blocks of the Far West Village.

140 Volume 2 CITYLAND October 15, 2005 The proposed Weehawken LPC: Fitzgerald-Ginsberg House, 145- potential to expedite construction Street Historic District contains 14 15 Bayside Avenue (LP-2160) (Septem- and reduce the sale price by $2 commercial and residential build- ber 20, 2005). million, making the price ings along the city block bound by $150,000 less than the appraised Weehawken, West, Christopher and value, did not alter this decision. West 10th Streets. Voting to hold a COURT DECISIONS The court denied both argu- hearing on the proposed district, ments that Two Columbus Circle Chair Tierney noted that he had Landmarks Preservation Commission was public land or a public trust recently walked the area and found Midtown West, Manhattan even though the building was given that it exudes a sense of place. as a gift to the City in 1980 with Court rejects challenges to terms requiring its return if it were LPC: Weehaken Street Historic District sale of Two Columbus Circle (September 20, 2005); Greenwich Vil- not used until 2010 as a “public facility for visitors’ services.” The lage Historic District Extension (Sep- Preservation group opposes court reasoned that since the gift tember 20, 2005). conversion and remodeling of mod- could return to the donor, it could ernist building. Landmark West, a not be a public trust and it was not historic preservation group, seeks to public land under the City Charter stop the EDC’s sale of the nine-story unless mapped by the City as such. modernist building at Two Colum- Since the City transferred the land bus Circle to the Museum of Arts to the EDC, a non-City agency, its and Design. In February 2005, it lost sale did not violate the competitive its first two challenges to the sale, (2 bidding requirement. CityLand 28 (Mar. 15, 2005)), when In the second case, Stallman the First Department ruled that the rejected the request to bar Tierney Landmarks Preservation Commis- from discussing Two Columbus Cir- sion was under no obligation to cle with the Museum or any party. hold a public hearing on the poten- Flushing Queens home designated by Landmarks’ decision on whether Landmarks. Photo: LPC. tial designation of the building after the building was worthy of designa- making an internal agency decision tion was not an adjudication under that it was unworthy. the City Charter that barred discus- LANDMARKS PRESERVATION In April 2005, Landmark West COMMISSION sions by Commissioners with par- sued the City alleging that the ties involved. Landmark West’s terms of the sale constituted an Designation claim for over $1.1 million in dam- illegal gift under the state constitu- ages was also denied. Flushing, Queens tion, and that the City was prohib- ited from selling Two Columbus Landmark West! v. NYC, 2005 NY Slip Oakman-designed Tudor Op 25362, Sept. 1, 2005 (N.Y. Cty. mansion designated Circle without a bidding process or state approval because it was pub- Sup.Ct.) (Stallman, J.); In re Landmark lic land and part of the public trust. West!, 2005 NY Slip Op 51374U, Sept. 1, Fitzgerald-Ginsberg House 2005, (N.Y. Cty. Sup.Ct.) (Stallman, J.). designated. On September 20, In May, Landmark West filed a 2005, Landmarks designated the request with Landmarks asking CITYADMIN Fitzgerald-Ginsberg House, locat- again for a decision on whether Decisions on www.citylaw.org ed at 145-15 Bayside Avenue in Two Columbus Circle deserved a AGENCY NUMBER OF YEARS Flushing, Queens. Built in 1924, the designation hearing. It then peti- NAME DECISIONS AVAILABLE John Oakman design is a neo- tioned the court to bar Landmarks BSA 1,689 2002-Present Tudor style mansion featuring rus- Chair Robert Tierney from any Council 998 2002-Present ticated fieldstone walls, a multi- involvement in the decision, alleg- CPC 459 2003-Present colored slate roof and leaded glass ing that Tierney’s past communica- DOB 61 1999-Present windows. At the time of its con- tions with Laurie Beckelman, a for- Landmarks 1,116 2003-Present struction, the house was located mer Chair and now a representative Loft Board 1,227 1996-Present adjacent to an extension of Flush- of the Museum, violated City law. CITYADMIN indicates a decision is available at citylaw.org ing’s Old Country Club and golf Justice Michael Stallman Information on the website is provided free with support of: course. In approving, Landmarks denied both claims. The court Manatt, Phelps & Phillips, LLP noted that as one of the last ruled that the sale was not an ille- The Community Trust Gifford Miller, Speaker, New York City Council remaining 1920s mansions in the gal gift because the $17.05 million Weil, Gotshal & Manges LLC area, the house is an “outstanding sale price exceeded the building’s Gibson, Dunn & Crutcher example” of the Tudor style. appraised value. The Museum’s Charles H. Revson Foundation

October 15, 2005 Volume 2 CITYLAND 141 New Decisions Added to www.citylaw.org – September 2005*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE † 1157 Ralph Bunche House, QN Landmark designation 9/15/2005 1158-1160 Rego Park Mall, QN Amend text to expand mall; Special 9/15/2005 permits (height, setback, signs, parking) 1161 155 W. 21st St., MN Special permit (83-space parking garage) 9/15/2005 1162 Far Rockaway Rezoning, QN Rezone 21 blocks 9/15/2005 1176 Bruckner Blvd. Rezoning, BX Zoning map change (commercial overlay) 9/28/2005 1177 834 E. 165th St., MN UDAAP by HPD (7 lots) 9/28/2005 1178 Cornerstone Site 5, MN UDAAP by HPD (40 units) 9/28/2005 1179 270 Greenwich St., MN UDAAP (402 units) 9/28/2005 1180 College Point Rezoning, QN Rezone 161 blocks 9/28/2005 † 1181 John DeGroot House, SI Landmark designation 9/28/2005 1182 198 Allen St., MN Sidewalk cafe 9/28/2005 1183 703 E. 156th St., BX UDAAP by HPD (1 lot) 9/28/2005 1184 Francis Lewis Blvd. Rezoning, QN Zoning map amendment (C1-2 overlay) 9/28/2005 1185-1186 1129 York Ave. Rezoning, MN Zoning map amendment (C8-4 to C1-9); 9/28/2005 Special permit (100-space garage) † 1187 Robert Dickey House, MN Landmark designation 9/28/2005 † 1188 The Windermere, MN Landmark designation 9/28/2005 1189 East Tremont Rezoning, BX Zoning map amendment (C1-4 overlay) 9/28/2005 1190 Louis Nine Blvd., BX UDAAP by HPD (174 low-income units) 9/28/2005 1191 Le Gans Restaurant, MN Sidewalk cafe 9/28/2005 1192 Brooklyn N. Dist. 3 Sanitation, BK Acquisition (cont’d use - garage) 9/28/2005 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE † Robert Dickey House Report to Council on designation MN 1 060005HKM 8/24/2005 † The Windermere Report to Council on designation MN 4 060007HKM 8/24/2005 West 17th Street Garage Special permit (32-space garage) MN 4 040223ZSM 8/24/2005 1129 York Ave. Rezoning Zoning map amendment (C8-4 to C1-9); MN 8 040488ZMM; 8/24/2005 Special permit (100-space garage) 040489ZSM Cornerstone Site 5 UDAAP by HPD (40 units) MN 10 050425HAM 8/24/2005 Louis Nine Blvd. UDAAP by HPD (174 low-income units) BX 3 050459HAX 8/26/2005 East Tremont Rezoning Zoning map amendment (C1-4 overlay) BX 6 040326ZMX 8/24/2005 East 176th Street Rezoning Zoning map amendment (M1-2 to R7-1) BX 6 030370ZMX 8/24/2005 Francis Lewis Blvd. Rezoning Zoning map amendment (C1-2 overlay) QN 11 050171ZMQ 8/24/2005 Far Rockaway Rezoning Rezone 21 blocks QN 14 050511ZMQ 8/24/2005 College Point Rezoning Rezone 161 blocks QN 7 050482ZMQ 9/12/2005 † Interiors Report to Council on designation MN 5 060035HKM 9/14/2005 Burke Plaza UDAAP (40 low-income units) BX 6 050527HAX 9/14/2005 Dekalb Avenue Rezoning Zoning map amendment (M1-5 to R6); BK 3 030276ZMK; 9/14/2005 Remove restrictive declaration 030440ZMK Ocean Dreams Zoning map change (for 313-unit building) BK 13 050393ZMK 9/14/2005 Staten Island Comm. Overlay Zoning map change (eliminate commercial SI 1/2/3 050453ZMR; 9/14/2005 overlay on 606 lots) 050454ZMR; 050455ZMR Veterans Rd. Center Special permit (retail establishment) SI 3 030399ZSR 9/14/2005 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 44 Mercer St., MN Erect 7-story mixed-use building App’d 394-04-BZ Deirdre A. Carson 260 W. Broadway, MN Amend variance (convert to residential) App’d 990-77-BZ Greenberg Traurig 270 W. 17th St., MN Extend term/legalize phys. cult. establish. (gym) W/Drn 162-93-BZ Fredrick A. Becker 150 E. 34th St., MN Legalize physical culture establishment (gym) App’d 389-04-BZ Francis Angelino 11 E. 36th St., MN Extend special permit (spa) App’d 886-87-BZ Stuart Allen Klein 125 W. 58th St., MN Extend variance term (transient parking) App’d 163-63-BZ Steve Sinacori 801 11th Ave., MN Extend time to complete construction App’d 323-98-BZ Kramer Levin 3093 Casler Place, BX Erect 2-story dwelling in bed of mapped street App’d 235-04-A - Rothkrug Rothkrug 236-04-A 2461 Knapp St., BK Change from amusement arcade to self-storage App’d 402-04-BZ Steve Sinacori 2015 E. 22nd St., BK Enlarge 1-family res. (floor area, open space) App’d 88-05-BZ Sheldon Lobel, P.C.

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

142 Volume 2 CITYLAND October 15, 2005 BOARD OF STANDARDS & APPEALS (CONTINUED) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 1410 E. 24th St., BK Enlarge 1-family res. (floor area, open space) App’d 332-04-BZ Eric Palatnik, P.C. 1734 E. 27th St., BK Enlarge 1-family res. (floor area, yards) App’d 405-04-BZ Sheldon Lobel, P.C. 40 Woodhull St., BK Erect 3-family, 4-story res. building in M1-1 App’d 302-04-BZ Weston Architects 1797 Coney Is. Ave., BK Special permit (gym) App’d 46-05-BZ Boris Saks 2610 Avenue L, BK Amend special permit (enlarge 1-family res.) App’d 391-04-BZ Moshe M. Friedman 1024 Lancaster Ave., BK Enlarge 1-family res. (floor area, open space) App’d 60-05-BZ Fredrick A. Becker 85-02 56th Ave., QN Erect 3 and 4-story multiple dwellings in bed App’d 365-04-A - Petraro & Jones of mapped street 369-04-A 264-15 77th Ave., QN Enlarge synagogue (yards, lot coverage) App’d 78-05-BZ Sheldon Lobel, P.C. 60-04 172nd St., QN Erect 2-story res. in bed of mapped street App’d 91-05-A Agusta Group 39 Kildare Walk, QN Erect 2-story res. not on mapped street App’d 157-05-A Walter Gorman, P.E. 15 Atlantic Walk, QN Enlarge 1-family res. not on mapped street App’d 158-05-A Gary Lenhart, R.A. 27 Fulton Walk, QN Enlarge 1-family res. not on mapped street App’d 176-05-A Joseph Sherry, P.E. 952 Bayside Walk, QN Enlarge 1-family res. not on mapped street App’d 178-05-A Joseph Sherry, P.E. 14-38 31st Dr., QN Erect 4-story multiple dwelling Denied 272-04-BZ Sullivan Chester 133-16 S’fld. Blvd. QN Erect 4-story commercial building App’d 388-04-BZ H. Irving Sigman 1845 Cornaga Ave., QN Extend variance term (gas service station) App’d 110-95-BZ John W. Russell 60-11 Queens Blvd., QN Extend time for cert. of occ. (auto ser. station) App’d 60-82-BZ Eric Palatnik, P.C. 90-19 Metro. Ave., QN Enlarge fast-food restaurant App’d 291-04-A Eric Palatnik, P.C. 30-75 21st St., QN Extend variance term (auto service station) App’d 364-89-BZ Carl A. Sulfaro 245-02 HH Expwy., QN Extend variance term (physical culture est.) App’d 364-82-BZ Cozen O’Connor 1976 Forest Ave., SI Extend variance term (retail, eating/drinking) App’d 234-84-BZ Vito Fossella, P.E. 194 Brighton Ave., SI Extend variance term (gas service station) App’d 44-99-BZ Vito Fossella, P.E. LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 461 Park Ave., MN Repair/alter marquee 06-1116 Yes 8/17/2005 401 Fifth Ave., MN Tiffany & Co. Building Allow transfer of dev. rights 06-0435 Yes 8/10/2005 77 White St., MN Tribeca East Hist. Dist. Install doors, const. rooftop add. 06-1222 Yes 8/31/2005 55 N. Moore St., MN Tribeca West Hist. Dist. Remove a.c. unit, install stair 06-0937 Yes 8/10/2005 363 Greenwich St., MN Tribeca West Hist. Dist. Install infill, canopies, railings 06-1121 Yes 8/17/2005 357 W. Broadway, MN SoHo-Cast Iron Hist. Dist. Construct 4-story addition 05-5971 No 8/10/2005 71 Eighth Ave., MN Greenwich Village Hist. Dist. Legalize/install infill 06-0622 Yes 8/5/2005 150 W. 13th St., MN Greenwich Village Hist. Dist. Construct ramp 06-1049 Yes 8/17/2005 92 Jane St., MN Greenwich Village Hist. Dist. Install windows, doors 06-1255 Yes 8/25/2005 36 Gansevoort St., MN Gansevoort Market Hist. Dist. Construct bulkhead 05-8536 No 8/23/2005 353 W. 14th St., MN Gansevoort Market Hist. Dist. Install infill 06-0831 Yes 8/1/2005 44-54 Ninth Ave., MN Gansevoort Market Hist. Dist. Install infill 06-1325 Yes 8/19/2005 20 W. 22nd St., MN Ladies’ Mile Hist. Dist. Install canopy, doors 06-1302 Yes 8/23/2005 857 Broadway, MN Ladies’ Mile Hist. Dist. Install infill, signage 06-0759 Yes 8/3/2005 104 W. 71st St., MN Upper West Side / CPW HD Modify infill, replace fixtures 06-1385 Yes 8/30/2005 169 W. 81st St., MN Upper West Side / CPW HD Master plan (signs/doors) 06-1254 Yes 8/18/2005 101 W. 81st St., MN Upper West Side / CPW HD Construct rooftop addition 06-0719 Yes 8/1/2005 242 Dean St., BK Boerum Hill Hist. Dist. Replace fence 06-1045 Yes 8/17/2005 127 Willoughby, BK Clinton Hill Hist. Dist. Construct rear addition 06-1048 Yes 8/17/2005 Selected New Building Permit Applications – Published by DOB from July 25 to Sept. 23, 2005

OWNER SITE GROSS FLOOR AREA (SQ. FT.) STORIES/HT. Michael Brenner, C.E. Flushing LLC 40-28 College Pt. Blvd., QN 2,062,587 18/202 ft. Michael Brenner, C.E. Flushing LLC 131-07 40th Rd., QN 1,097,460 15/190 ft. Robert Sanna, Tiago Holdings LLC 517 E. 117th St., MN 658,840 4/117 ft. Timothy Ng, NY School Constr. Authority 91-30 Metro. Ave., QN 354,500 5/74 ft. Joseph Moinian, 123 Washington LLC 123 Washington St., MN 285,129 38/468 ft. Thomas McCloskey, 53rd Associates LLC 250 E. 53rd St., MN 244,913 32/335 ft. Edward Mahoney, Memorial Hospital 300 E. 66th St., MN 239,235 16/238 ft. Timothy Joseph, NYC HPD 1330 Intervale Ave., BK 164,149 7/71 ft. Donald Sakano, Highbridge Comm. Housing 1404 Jesup Ave., BX 131,633 8/72 ft. Craig Collins, NY School Constr. Authority 3441 Steenwick Ave., BX 125,143 4/70 ft.

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

October 15, 2005 Volume 2 CITYLAND 143 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

Landmarks votes to consider 50 buildings in the Far West Village, including 396 West Street, pictured above. See full story on page 140. Photo: LPC.

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