CITYLAND

DECEMBER 2006 center for city law VOLUME 3, NUMBER 11

Highlights

CITY COUNCIL

Illegal work fines increased . . . . .165

BOARD OF STANDARDS & APPEALS

Chelsea apartments app’d ...... 167 Queens hospital expanded . . . . .167 Cemetery project not dead . . . . .168 Chelsea health club ...... 168

LANDMARKS

UWS stables’ fate decided ...... 169 Landmarks designated two City and Suburban Homes buildings in Lenox Hill 16 years after the Board UES site finally re-designated . .169 of Estimate removed their landmark status. See full story on page 169. Photo: LPC. 3 W.Village sites discussed . . . . .170 to an incremental structure with a Cast-iron controversy ...... 171 CITY COUNCIL $2,000 fine for the first violation, Church spire also telcom. pole .172 Stop-Work Orders/Demolition $5,000 for the second, and $10,000 for each additional violation. The Citywide COURT DECISIONS penalties must be paid before the Council passes stiffer Department of Buildings will allow DeNiro hotel tax credit denied . .172 penalties for illegal work work to continue. Williamsburg power plant . . . . .173 The bill also increased civil Couldn’t Save Our Parks ...... 173 Developers violating stop-work penalties for working without a per- orders now subject to greater fines, EDC lease in Bronx OK’ed . . . . .174 mit. For one- and two-family jail time. The City Council unani- homes, the civil penalty increased SI developers lose again ...... 175 mously approved two bills, increas- from two times the cost of the Bklyn Bridge Park still a go . . . .176 ing the penalties for violating stop- required permit to four times, with work orders or undertaking illegal the minimum penalty increasing CITYLAND PROFILES demolition work on one- and two- from $100 to $500. For all other family homes. Council Speaker buildings, the civil penalty Paget ...... 177 Christine Quinn explained that the increased from ten times to 14 changes would improve construc- times the cost of the required per- CHARTS tion safety by deterring builders mit, with the minimum penalty BSA Pipeline ...... 168 from working without proper per- increasing from $500 to $5,000. Any mits. Council Member Vincent person found to have continued Landmarks Pipeline ...... 170 Gentile noted that builders would work despite a stop-work order will Landmarks Actions ...... 172 no longer be able to write off fines be subject to an additional penalty and penalties as a cost of doing between $2,000 and $15,000 for DCP Pipeline ...... 174 business. each violation, as well as a maxi- ULURP Pipeline ...... 175 The Council raised the fines for mum jail sentence of six months. failing to comply with a stop-work The second bill made unau- Citylaw.org New Decisions . . .178-9 order from a flat $500 per violation thorized demoli- (cont’d on page 167)

December 2006 Volume 3 CITYLAND 165 COMMENTARY

Con Edison to build 17 new substations over the next ten years Electric power, reliably delivered, is an absolute necessity for sustaining ’s growth. Air condition- ing comprises about 75% of Consolidated Edison’s residential peak load and is one of the main reasons for last summer’s usage peak that topped 13,000 megawatts. To sustain residential and commercial growth Con Edison must build 17 new substations over the next ten years. It will not be easy. New substations have sometimes met community opposition such as occurred in the mid-1990s when Con Edison sought to build a substation on land that it had long owned at 24th Street and Sixth Avenue, . The community successfully prevented Con Edison from obtaining a needed special permit. Con Edison sold the site, ultimately building a new substation on a site less centrally located on West 30th Street. Other new substa- tions, with less controversy, have recently been constructed at and at Seaport. Power is brought into the City through transmission lines at efficient, but extremely high voltages which must be stepped down by passing the current through massive transformers each one of which is larger than a UPS truck. Transmission substations have five and sometimes ten of these large transformers. Power is then routed beneath the streets through thick feeder cables to area substations which step the power down yet again. From area substations power is delivered to smaller transformers in the street which step the power down further to household voltage of 110-120. On December 12, 2006, at a Manhattan Institute-sponsored program, Con Edison outlined the City’s need for the new substations. Demand for electric energy throughout all five boroughs, according to Con Edison projec- tions, will be near or exceed Con Edison’s capacity by 2011 unless the new substations come on line as planned. On the 24th Street site, which Con Edison was forced to sell, a new, block-long residential tower is nearing completion. The residents moving into the new tower will expect reliable electric power. That power will pass through Con Edison’s new substation on West 30th Street. This pattern of constructing new substations to come on line ahead of the demand will have to be repeated at least 17 more times over the next ten years if New York City is to sustain its residential, commercial and industrial growth. Ross Sandler CITYLAND

Ross Sandler Wessel Graphics Caitlin Hannon Executive Editor and Director, Design Director Subscription The Center expresses appreciation to the individu- Center for New York City Law Coordinator Kevin Schultz ’05 als and foundations supporting the Center and its Melanie Cash ’02 Morgan Kunz ’06 Emilia Keric ’09 work: The Steven and Sheila Aresty Foundation, Associate Director Fellows in New York City Law Shane M. Tattan ’08 Managing Editor The Robert Sterling Clark Foundation, The Horace Jesse Denno Caitlin J. Walsh ’08 Molly Brennan Staff Writer Research Assistants W. Goldsmith Foundation, The Murray Goodgold Editor, CityLand Publication Prod. Assistant Foundation, Jerry Gottesman, The Marc Haas CITYLAND ADVISORY BOARD Foundations, The Prospect Hill Foundation, and The Revson Foundation. Kent Barwick Howard Goldman Carol E. Rosenthal CITYLAN D Andrew Berman David Karnovsky Michael T. Sillerman (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 Frank Munger York Law School, 57 Worth St., New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL e-mail: [email protected], website: www.city- law.org © Center for New York City Law, 2006. All Stanley S. Shuman, Eric Hatzimemos ’92 Steven M. Polan rights reserved. Printed on recycled paper. Maps CITYLAND Chair Michael D. Hess Norman Redlich presented in are from Map-PLUTO Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Joseph B. Rose copyrighted by the New York City Department of Sheila Aresty ’94 City Planning. City Landmarks and Historic Dis- William F. Kuntz II Ernst H. Rosenberger ’58 Harold Baer, Jr. tricts printed with permission of New York City Eric Lane Rose Luttan Rubin David R. Baker Randy M. Mastro Landmarks Preservation Commission. Anthony Coles Frederick P. Schaffer Richard Matasar Frederick A.O. Schwarz, Jr. POSTMASTER: Send address changes to Edward N. Costikyan CITYLAND Paul A. Crotty Robert J. McGuire O. Peter Sherwood , 57 Worth Street, New York, New York Richard J. Davis Francis McArdle Edward Wallace 10013-2960. Periodicals postage paid at New York, Michael B. Gerrard John D. McMahon ’76 Richard M. Weinberg New York. Judah Gribetz Thomas L. McMahon ’83 Peter L. Zimroth Kathleen Grimm ’80 Gary P. Naftalis James D. Zirin

166 Volume 3 CITYLAND December 2006 tion work on one- or two-family by 1,683 sq.ft., BSA maintained its Memorial Avenue. The proposed homes a misdemeanor punishable objections. The final design called garage would be located on the cor- by a fine of $5,000 to $10,000, with a for ten stories, ten units and a total ner of Booth Memorial Avenue and maximum jail sentence of six height of 130 feet, but increased the 141st Street with two below-ground months. street wall height from 87 to 107 levels and one above-ground level, feet. requiring demolition of five existing Int. No. 216-A, amending Admin. Code The developer submitted as- §§ 26-118, 26-212.1, 26-248 (Nov. 15, two-story hospital buildings. 2006); Int. No. 132-A, amending Admin. of-right feasibility studies showing The hospital argued that with- Code § 26-248 (Nov. 15, 2006). that an 18-story office building out the larger floor plates and flexi- would be infeasible due to the bility permitted by the variances, increased construction costs the new entrance could not be built BOARD OF STANDARDS & APPEALS caused by the narrow and shallow and the addition would lose 18 lot and by the weak return on office beds, three treatment rooms and Variance space with such small floor plates. one-third of the required mechani- Chelsea, Manhattan BSA agreed, granting the vari- cal equipment. ance. BSA noted that since the City On October 11, 2006, the Plan- Apartments OK’ed in Chelsea required greater street wall heights manufacturing district ning Commission rezoned a por- in the recent South Chelsea rezon- tion of the site (R4 to R6) to permit ing, the increased height con- Developer reduced overall size, but additional floor space, granted a formed more closely to zoning goals increased street wall height. A special permit for the garage, and and nearby Chelsea buildings. Chelsea developer applied to BSA to allowed accessory parking any- construct an 11-story, 187-foot tall BSA: 299 Seventh Avenue (199-05-BZ) where on the site. The City Council residential building with ground (Oct. 24, 2006). CITYADMIN approved on October 25, 2006. floor retail space on a manufactur- At the October 24, 2006 BSA ing-zoned lot at Seventh Avenue BOARD OF STANDARDS & APPEALS hearing, the Coalition to Preserve and West 27th Street, arguing that Queensboro Hill and other locals the small, 1,683-square-foot lot size opposed the plan, arguing that Variance justified the use variance. The exist- nearby homes would be negatively ing two-story building, containing Flushing, Queens affected by ambulance and pedes- Rosa’s Pizza and Manhattan’s Heros, Queens Hospital expansion trian traffic. One neighbor argued would be demolished. approved by BSA that oxygen tanks in the proposed BSA objected to the height and addition would be dangerously size, stressing that the proposal New York Hospital Queens will add close to a nearby gas station. would clash with neighboring 80 beds, a new entrance and On November 14, 2006, BSA buildings. When the developer expanded cardiology and surgery granted variances for the five-story slightly reduced the building’s size facilities. New York Hospital applied addition, allowing 20-foot and 15- for rear-yard, setback and bulkhead foot encroachments. BSA noted variances as part of a large-scale that the variance would not affect modernization and expansion of its essential neighborhood character 6.4-acre facility at 56-45 Main Street and the neighbor’s concern regard- in Flushing, Queens. The 439-bed, ing the location of oxygen tanks was acute care teaching hospital, occu- unfounded. BSA also granted a vari- pies two blocks along Booth Memo- ance to allow stairway bulkhead rial Avenue, employs 3,000 people encroachments in the proposed and receives approximately 400 garage after the hospital reduced patients and 250 visitors per day. the garage’s size by three levels in The hospital proposed to build response to community concerns. a five-story, 97,219-square-foot BSA did not address traffic impacts addition and a 122,368-square-foot, in detail, noting that the Planning 372-space garage. The proposed Commission had done so in its addition would connect to the exist- ing buildings, permitting expanded approval. cardiology and surgery services, 80 BSA: 56-45 Main Street (42-06-BZ) (Nov. additional beds and a new 2,098- 14, 2006); 139-24 Booth Memorial Two-story building in Chelsea to be demolished. Photo: Morgan Kunz. square-foot lobby and entrance at Avenue (41-06-BZ) (Nov. 14, 2006). the corner of Main Street and Booth CITYADMIN

December 2006 Volume 3 CITYLAND 167 In support of its variance, AMF units, a total building height of 92 BOARD OF STANDARDS & APPEALS argued that the additional height feet, and a 42-foot height along and floor area would compensate Corona Avenue and 90th Street. Variance for the added construction costs AMF also explained that it met Corona, Queens caused by the irregular lot. AMF with Landmarks and would com- Odd lot shape and street also claimed that proximity to the plete an archaeological study dur- frontage justified variance LIRR, and the long corridors ing construction to address possible required by the site’s odd shape recovery of remains on the site. Development site is former Queens would significantly decrease the BSA approved, emphasizing cemetery. Queens developer, AMF residential units’ value. that due to the reduced height Machine Corporation, applied to Queens Community Board 4 along the street frontages, the over- BSA to construct a 201,633-square- and neighborhood residents all project would not negatively foot, 96-foot tall mixed-use building opposed, complaining that the impact the area’s character. with 174 residential units in Corona, building would overwhelm the two- BSA: 90-15 Corona Avenue (47-05-BZ) Queens. The proposed structure story buildings adjacent to the site (Nov. 14, 2006) (Cozen O’Connor, for exceeded height limits by 46 feet and any development on the site AMF). CITYADMIN and floor area limits by over 77,550 would potentially disturb remains sq.ft. The development site, an from a Colonial-era cemetery once oddly shaped, 14-sided, 62,041- located on the site. BOARD OF STANDARDS & APPEALS square-foot lot, had street frontage At the first hearing, BSA along Corona Avenue and 90th advised the developer to reduce the Special Permit Street, but a majority of the lot’s area project size. The developer reduced Chelsea, Manhattan stretched behind existing homes. the project twice, finally submitting The rear of the lot faced a LIRR a design with a total floor area of Special permit extended for right-of-way. 166,136 sq.ft. with 138 housing gym Sports Center received 10-year exten- BSA PIPELINE sion; filed house ruled as-of-right. In 1995, Chelsea Piers, L.P., owner and New Applications Filed with BSA – Nov. 2– Dec. 4, 2006 developer of Chelsea Piers at Piers 59-62 between West 17th and West APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE 23rd Streets in Manhattan, received VARIANCES a special permit from BSA to oper- Rusabo 386 LLC 372 Lafayette St., MN Use 290-06-BZ Kramer Levin ate a gym and sports facility on an Three Partners 1976 Crotona Pkwy., BX Legalize garage, parking lot 299-06-BZ Cozen O'Connor 181,781-square-foot portion of Cornerstone Res. 148 Fountain Ave., BK Const. 2-family dwelling 301-06-BZ Rothkrug Rothkrug 60 that eventually became the Mirrer Yeshiva 1791 Ocean Pkwy., BK Const. 2-story enlargement 302-06-BZ Harold Weinberg Chelsea Piers Sports Center and 60 Lawrence LLC 50 Lawrence Ave., BK Const. 6-story school 306-06-BZ Sheldon Lobel, P.C. Fieldhouse. The Sports Center con- White Star Lines 300 Columbia St., BK Const. 3, 2-unit dwellings 311-06-BZ- Rothkrug Rothkrug 313-06-BZ tains an 115,960-square-foot health Veronica Nicastro 54-07 254th St., QN Enlarge 1-family dwelling 293-06-BZ Rothkrug Rothkrug club with a pool and facilities for Khan Shahnawaz 106-02 Astoria Blvd., QN Const. 1-family dwelling 304-06-BZ Rothkrug Rothkrug weightlifting, yoga, aerobics, boxing John Massamillo 130 Montgomery Ave., SI Rear yards, lot coverage 297-06-BZ Glen V. Cutrona and pilates. The 65,821-square-foot SPECIAL PERMITS/OTHER ACTIONS Fieldhouse provides gymnastics, Melody Silvers 2817 Avenue M, BK Enlarge 1-family dwelling 309-06-BZ Fredrick A. Becker soccer, basketball, floor hockey, David Levitan 1458 E. 26th St., BK Enlarge 1-family dwelling 308-06-BZ Eric Palatnik, P.C. baseball and dance. 6860 Austin Realty 68-60 Austin St., QN Reduce parking spaces 291-06-BZ Paul Bonfilio When the permit expired, John & Steven Inc. 31-11 , QN Permit phys. cult. est. (gym) 294-06-BZ Howard Goldman Chelsea Piers requested a 10-year Verrazano Apts. 1081 Tompkins Ave., SI 75-ft. radio tower/flagpole 303-06-BZ Omnipoint Inc. extension for the Sports Complex, APPEALS but asked that the Fieldhouse be 67 Liberty Street 67 Liberty St., MN 14-story enlargement 310-06-A Stadtmauer Bailkin excluded from the permit since the 126 Newton St. LLC 128 Newton St., BK Vested right to cont. development 292-06-A Sheldon Lobel, P.C. space’s use was now as-of-right. 58th Ave. Mgmt. 86-18 58th Ave., QN Appeal DOB decision 307-06-BZ Alec Shtromandel Since the Fieldhouse’s use was Breezy Pt. Co-op 9 Roosevelt Walk, QN Enlarge dwell. not on mapped st. 305-06-A Walter T. Gorman uncertain during Chelsea Piers’ Breezy Pt. Co-op 22 Graham Pl., QN Enlarge dwell. not on mapped st. 295-06-A Gary Lenhart development, the owner’s original Breezy Pt. Co-op 37 Beach 222nd, QN Enlarge dwell. not on mapped st. 296-06-A Gary Lenhart special permit included it. The own- Tony Cheng 43-17 104th St., QN Permit const. in mapped st. 300-06-A Eric Palatnik, P.C. ers ultimately decided to operate John Massamillo 130 Montgomery Ave., QN Const. mixed-use condo 298-06-A Glen V. Cutrona the Fieldhouse as-of-right under a

168 Volume 3 CITYLAND December 2006 use definition allowing “gymnasi- ums used exclusively for basketball, handball, paddleball, racquetball, squash and tennis.” After an October 31, 2006 hear- ing, BSA voted to extend the special permit for an additional 10 years and to exclude the Fieldhouse. BSA emphasized that the Department of Buildings, not BSA, was responsible Landmarks rejects the designation of the Dakota Stables, which now sits covered in scaffolding. for ensuring zoning compliance in Photos: LPC (left), Morgan Kunz (right). areas of the complex not covered by the special permit. lenged Landmarks to “draw a line in Community Board 4 support- valid permits to strip the building the sand,” commenting that “the ed the special permit extension and and reclad it in stucco. Landmarks developer did what he had to do; we amended plan. Counsel Mark Silberman and the Commission’s research head Mary should do what we can do.” BSA: Pier 60, 111B Eleventh Avenue (69- Beth Betts advised him that the Several commissioners called 95-BZ) (Nov. 21, 2006). CITYADMIN resulting “stucco box” would not be for changes to the overall process to recognizable, and the landmarks redress last minute attempts to law and Charter provided no legal deface buildings, with Vengochea LANDMARKS PRESERVATION redress. Tierney said that he would suggesting that all buildings over 70 COMMISSION “reluctantly follow” the advice and or 100 years be reviewed automati- reject designation. In his com- cally. Tierney commented that such Designation ments, Tierney explained that he a process would require a multi- Upper , Manhattan had numerous talks with the owner, agency approach, and that Land- Landmarks designates one of architect and developer and marks had been working with the two West Side stables remained hopeful that the new Department of Buildings to develop design would incorporate signifi- a response to the concerns. Failure to designate stable allows cant features of the 1894 Dakota Landmarks denied designa- Related Companies’ apartment proj- Stables. tion of the Dakota Stables by a final ect to be constructed on site. On Commissioner Roberta Brandes 8 to 2 vote. Gratz strongly disagreed with Tier- November 14, 2006, Landmarks LPC: Mason Stables aka Dakota Stables, ney’s position. Gratz claimed that designated only the New York Cab 348 Amsterdam Ave. (LP-2206) (Nov. 14, Company Stable at 318 Amsterdam Landmarks “was being tested” and 2006); New York Cab Company Stable, Avenue, but declined to landmark advocated sending a signal that 318 Amsterdam Ave. (LP-2209) (Nov. 14, the Dakota Stables at 348 Amster- developers could no longer stop des- 2006). dam Avenue, now slated for demoli- ignation by obtaining permits to strip tion and replacement by the Relat- buildings under consideration. She LANDMARKS PRESERVATION ed Companies with a Robert A.M. listed Paterson Silk, P.S. 64, and the Stern-designed apartment com- City and Suburban Homes as exam- COMMISSION plex. 3 CityLand 157 (Nov. 15, 2006). ples where owners destroyed build- Designation Landmarks opened the voting ing details to thwart designation. Pro- Lenox Hill, Manhattan with the New York Cab Company claiming that the Dakota Stables had Stable, emphasizing the “intact- “visionary simplicity,” Gratz added Board of Estimate vote ness” of the 1890-built stable and its that it was “not too far gone for desig- revisited 16 years later “exquisite” details, cornice, and nation” since at the time of the hear- rounded windows. ing Sylgar had not completely Landmarks re-designates two City When the vote turned to the defaced it or buried it in stucco. and Suburban Homes buildings Dakota Stables, Landmarks Chair Commissioners Richard Olcott, carved out from 1990 designation. Robert B. Tierney explained that the Joan Gerner and Pablo Vengochea On November 21, 2006, Landmarks actions of the owner, Sylgar Proper- agreed with Tierney that if the ended the controversial debate over ties, had “preempted his ability to owner retained the right after desig- the landmark status of the City and exercise judgment under the land- nation to alter the stable to a stucco Suburban Homes Company’s First marks law.” Tierney explained that box, they would be designating “a Avenue Estate in Lenox Hill by vot- Sylgar planned to demolish the ghost,” as Olcott put it. Commis- ing unanimously to amend its land- building and had recently obtained sioner Christopher Moore chal- mark status. In 1990, Landmarks

December 2006 Volume 3 CITYLAND 169 unanimously designated all 15 in the country, and a keystone in the Selver, and Landmarks could not buildings in the First Avenue Estate, history of the American social hous- fulfill it by mere “lip service.” Point- a development constructed between ing movement. ing out that the definition of special 1898 and 1915 over the entire block At the November 14th Land- meant “singular,” Selver argued that bounded by East 64th and East 65th marks hearing, preservationists, res- the buildings were not the best or Streets and York and First Avenues. idents and elected officials argued only examples of well-designed In its last meeting before being dis- that a vote to re-designate the build- affordable housing in the city. Selver solved, the Board of Estimate ings would “right a wrong,” pointing read from a City and Suburban carved out two buildings from out that all the evidence needed for Homes brochure, which stated that Landmarks designation: 429 East designation was present in the orig- the company believed housing 64th Street and 430 East 65th Street. inal designation report. Several should incorporate the “best stan- The buildings’ current owner, speakers stressed that the Board of dards at the time.” Stahl York Avenue Company, received Estimate vote was “disgraceful.” The Commission voted unani- permits from the Department of Friends of the Upper East Side mously to designate. Landmarks Buildings to remove cornices and Historic Districts representative Seri emphasized in its designation parapets, enlarge window openings Worden argued that even if the report that the “similarities of size and stucco over the facades of the owner stripped the buildings of all and scale between the various two buildings, spurring urgency to their ornament and covered their buildings on the block creates a Landmarks’ vote. exterior with stucco, the site’s his- strong sense of visual homogene- The City and Suburban Homes toric and social significance would ity” and that the First Avenue Estate Company, a limited-dividend com- remain. Moving testimony came “can be seen as an important pany funded by such luminaries as from a neighborhood resident who achievement in the social housing Cornelius Vanderbilt and Darius grew up in a cold-water tenement movement.” Ogden Mills, built the full city-block and called the First Avenue Estate a housing complex for working fami- “monument to what is good and LPC: City and Suburban Homes Com- lies as an alternative to the poorly decent about this city.” pany First Avenue Estate, 429 E. 64th Street and 430 E. 65th Street (LP-1692) ventilated tenements of the day. Carol Gilder of the Real Estate (Nov. 21, 2006). Built to middle-class standards with Board of New York opposed desig- increased light and air, courtyards nation, claiming that, while REBNY and aesthetic features like marble rarely opposed designation, “it sim- LANDMARKS PRESERVATION banisters, City and Suburban ply does not meet the standard.” COMMISSION Homes intended the project to Paul Selver, of the law firm occupy “a middle ground between Kramer Levin, represented the own- Hearing pure philanthropy and pure busi- ers at the hearing. Selver argued Far West Village, Manhattan ness.” Shareholders voluntarily lim- that the two buildings did not meet ited their dividends to five percent. the landmarks law standard for des- Testimony taken on three The First Avenue Estate, designed ignation, which requires that a West Village buildings primarily by James Ware and Philip building be “special.” This require- H. Ohm, was one of the largest, pre- ment represented a higher standard Wide support voiced for landmark- World War II high-density projects than “significant,” according to ing of three 19th century Far West Village buildings. On November 14, 2006, Landmarks held hearings on LANDMARKS PIPELINE the possible designations of 159 Charles Street, the Keller Hotel, and Proposed Designations – Oct. – Nov. 2006 the Edwin B. Brooks House, all located in the Far West Village. NAME ADDRESS ACTION DATE The merchant Henry Wyckoff 70 Lefferts Place 70 Lefferts Pl., BK Calendared 10/31/2006 built the Greek Revival row house at 63 Nassau Street 63 Nassau St., MN Heard 11/14/2006 159 Charles Street in 1838 on the Keller Hotel 150 Barrow St., MN Heard 11/14/2006 site of the former Newgate Prison. 159 Charles Street 159 Charles St., MN Heard 11/14/2006 Wyckoff built eight houses in the Edwin Brooks House 354 W. 11th St., MN Heard 11/14/2006 area, but only 159 Charles Street City & Suburban Homes 429 E. 64th St., MN Heard; 11/14/2006; remains. The building was later Designated 11/21/2006 used to house workers from the Mason/Dakota Stables 348 Amsterdam Ave., MN Declined 11/14/2006 nearby Beadleston & Woerz brew- NY Cab Co. Stables 318 Amsterdam Ave., MN Designated 11/14/2006 ery. Donald Olsen, a shareholder in Laboratory Admin. Bldg. 1000 Washington, BK Heard 11/14/2006 the co-op that owns 159 Charles

170 Volume 3 CITYLAND December 2006 Street, enthusiastically supported people on the streets were prosti- designation, asking only that the tutes.” While Selkirk was “delighted building’s garage be carved out of the City noticed the restoration,” the designation. Olsen told Land- she called landmarking “compara- marks that he lived through the ble to taking by eminent domain.” neighborhood’s destruction and Selkirk argued that it was unfair that development, and that 159 Charles a consequence of her work was the was “the last building standing.” denial of investment potential. Hilda Regier, from the Metro- Preservationists countered that the politan Chapter of the Victorian Greek revival style house, built in Society in America, urged designa- the early 1840s, maintained a well- tion, stating that the “history of the preserved entrance, a notable cor- house reflects the history of the nice and Tuscan pilasters. neighborhood: from an upper class Landmarks closed the hearing family to dock workers and sailors without comments from commis- to brewery workers.” sioners. The Keller Hotel, at 150 Barrow Street, received similar commenda- LPC: 159 Charles Street House, 159 tions from Far West Village residents Charles Street (LP-2211) (Nov. 14, 2006); LPC: Keller Hotel, 150 Barrow Street and preservationists. The hotel was Cast-iron building at 63 Nassau Street (LP-2212) (Nov. 14, 2006); LPC: Edwin L. built in 1898 by Julius Munckwitz, considered for designation. Photo: LPC. B. Brooks House, 354 W. 11th Street (LP- who designed several other build- 2210) (Nov. 14, 2006). ings in the His- Shankill, in opposition, speculated toric District Extension. The hotel, that the building was a “knock off” originally called the Renaissance LANDMARKS PRESERVATION of a Bogardis building and not his Revival Hotel, served sailors when COMMISSION original work. Comparing it to buy- the Far West Village was a bustling ing a fake Gucci bag on the streets of maritime center. It remains one of Designation Hearing lower Manhattan, Shankill pointed few waterfront hotels left in the city. Lower Manhattan Ed Kirkland of the Historic Districts out that the building had sat on Council testified that the hotel was Hearing held on 1860 Landmarks’ consideration list for designed to be visible to sailors and cast-iron building over 40 years, “so obviously, you ferry riders coming into the city and thought that it was not number was intended to “elevate and Owner opposed, claiming that one.” Shankill described its top redeem seamen above fleabag building was a “knock off” of famous floors as vacant and unsafe. hotels and brothels.” Elijah Bender, cast-iron pioneer. Landmarks held a Margot Gayle appeared at the public hearing on the proposed the ten-year-old great grandson of hearing to underscore the impor- designation of 63 Nassau Street, a William Gottlieb, the owner who tance of the designation. Gayle’s cast-iron building in lower Manhat- passed away in 1999, testified that comments focused on her research he “wholeheartedly” supported tan that Landmarks’ research staff attributed to the pioneer of cast- on Bogardis buildings in New York designation “on behalf of his great and Philadelphia. Several other grandfather.” iron construction, James Bogardis. preservationists appeared in sup- In contrast, the current owner The building, thought to be con- port of the designation; all echoed of the Edwin B. Brooks House at 354 structed in 1860, contains carved West 11th Street, Susan Selkirk, medallions of that Gayle’s stamp of authenticity vehemently opposed designation. and Benjamin Franklin that are should “not be taken lightly.” Fran Selkirk testified that she had pur- similar to those on the Bogardis Eberhart emphasized that the chased the building as an invest- building at 85 Leonard Street, a des- building was very rare since few ment when it was “a boarded-up ignated landmark. The staff empha- cast-iron buildings remained in ruin” and “the only neighbors were sized that Margot Gayle, credited Manhattan’s financial district. garbage companies, and the only with saving SoHo’s cast-iron archi- Landmarks Chair Robert B. tecture due to her tireless advocacy Tierney closed the public com- Please note that there is no January for the buildings’ preservation, ments, noting that Landmarks was issue of Cityland. The next issue will attributed the building to Bogardis honored by Gayle’s attendance. be the February 15, 2007 issue. in her book on his work and cast- Happy Holidays. iron construction. LPC: 63 Nassau Street Building, 63 Nas- The owner’s attorney, Robert A. sau Street (LP-2213) (Nov. 14, 2006).

December 2006 Volume 3 CITYLAND 171 Landmarks Actions Taken In Oct. – Dec. LANDMARKS PRESERVATION

FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS COMMISSION

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D Certificate of Appropriateness October 31, 2006 Woodrow, Staten Island 460 Brielle Ave., SI NYC Farm Colony Alt. window, door openings 07-1803 Yes 66 Reade St., MN Tribeca South HD Const. rooftop add., storefront 05-7795 In Part Cell-phone antennas 300 Canal St., MN Tribeca East HD Install storefront 05-6378 Yes approved for church spire 50 Mercer St., MN SoHo-Cast Iron HD Enlarge bulkhead, chimney 06-8666 Yes Telecommunications equipment 120 Wooster St., MN SoHo-Cast Iron HD Issue report to CPC (use) 05-8455 Yes will not be visible from street. Land- 28 Grove St., MN Greenwich Village HD Const. rear yard addition 07-1923 Yes marks issued the final permit to 36 Gansevoort St., MN Gansevoort Market HD Inst. rooftop garden 07-0629 Yes allow the construction of six 119 W. 87th St., MN Upper West Side/CPW HD Const. roof, rear adds. 07-0224 W/Mod telecommunication antennas with- 189 Lenox Ave., MN Mt. Morris Park HD Install storefront 07-0662 Yes in the steeple of the Woodrow Unit- 46 Henry St., BK Brooklyn Heights HD Install infill 07-2330 Yes ed Methodist Church, an individual 20 Henry St., BK Brooklyn Heights HD Const. 9-story building 05-5155 Yes landmark in Staten Island. The work 28-02 Marinette, QN Douglaston HD Legalize facade alterations 06-7380 No required removal of wood framing, November 14, 2006 clapboards, and vinyl siding from 401 Fifth Ave., MN Tiffany & Co. Building Amend dev. rights transfer 07-1521 Yes the spire and construction of an 91 Chambers St., MN Tribeca South HD Demo bldg., const. 8-story 07-1480; Yes equipment cabinet in the rear of the bldg; issue report to CPC 07-1501 site with conduits running from the 309 Canal St., MN SoHo-Cast Iron HD Remove iron grilles 07-3339 Yes rear cabinet to the church spire 125 Fifth Ave., MN Ladies' Mile HD Replace windows 07-2414 Yes antennas. Landmarks approved the 54 State St., BK Brooklyn Heights HD Alt. facades, const. bulkhead 07-2366 Yes application, emphasizing that the 116 Montague St., BK Brooklyn Heights HD Const. 3-story addition 06-6568 Yes antennas would not be visible from 246 Dean St., BK Boerum Hill HD Const. 4-story bldg. 06-5161 Yes any public street. November 21, 2006 LPC: 1075 Woodrow Road (COFA# 07- 140 Nassau St., MN The Install infill, signage 07-2608 W/Mod 2222) (Oct. 19, 2006). CITYADMIN 241 W. 14th St., MN Norwood House Install access lift, rear add. 07-1599 W/Mod 1 Madison Ave., MN Met Life Ins. Co. Tower Replace windows, entrance 07-2464 Yes 1260 Broadway, MN Hotel Martinique Mod. storefront, leg. signage 06-4134 W/Mod COURT DECISIONS 503 Fulton St., BK Offerman Building Alt. facade, inst. infill, signage 07-1866 Yes 40 Walker St., MN Tribeca East HD Install infill 07-2904 W/D DEC 447 Clinton Ave., BK Clinton Hill HD Const. add., exc. rear yard 07-2469 W/Mod Tribeca, Manhattan 473 Clinton Ave., BK Clinton Hill HD Modify illegal roof addition 06-8774 No DeNiro hotel fails to qualify 207 DeKalb Ave., BK Fort Greene HD Legalize garage doors 07-2209 W/Mod for brownfield tax credits 230 Carlton Ave., BK Fort Greene HD Const. rear yard addition 07-1037 Yes 132 Pacific St., BK Cobble Hill HD Enlarge window openings 06-7252 W/D Developers sought brownfield cred- 325 Grosvenor St., QN Douglaston HD Legalize work, repl. garage 07-3062 In Part its, but had excavated and remediat- 331 Grosvenor St., QN Douglaston HD Replace garage 07-0675 Yes ed site before DEC denied claim. 377 November 28, 2006 Greenwich LLC, developers of a No hearing seven-story luxury hotel and restau- December 5, 2006 rant at Greenwich and North Moore 55 Wall St., MN Nat'l City Bank Bldg. Install canopy, sign 06-8810 Yes Streets, conducted soil tests on the 111 South St., MN South St. Seaport HD Remove canopy, inst. infill 07-1631 Yes site and discovered two 550-gallon 164 Duane St., MN Tribeca West HD Alt. steps, inst. ramp 06-7034 Yes unregistered underground storage 414 Washington, MN Tribeca North HD Const. new building 07-2962 Yes tanks. The developers applied in 623 Broadway, MN NoHo HD Inst. infill, create entrance 06-6578 Yes 2004 to the state Department of Environmental Conservation to 3 Sheridan Sq., MN Greenwich Village HD Mod. terrace enclosures 07-1916 Yes have the site recognized as a brown- 343 W. 20th St., MN Chelsea HD Alt. facade, const. adds. 06-5169 Yes field under a newly enacted brown- 12 E. 63rd St., MN Upper East Side HD Alt. facade, const. adds. 06-2974 W/Mod field law that offered substantial tax 162 Hoyt St., BK Boerum Hill HD Const. rear yard addition 06-4033 W/Mod credits. At the time of its applica- 73 Gold St., BK Vinegar Hill HD Const. rooftop bulkhead 07-2022 Yes tion, the developers, with principals 249 Ridge Rd., QN Douglaston HD Legalize security gate 07-1789 Yes Robert DeNiro, Ira Druckier and

172 Volume 3 CITYLAND December 2006 could only be obtained by complet- ing. Days later, the City filed a court ing all the steps required by the law, action to condemn the site. Trans- including a remediation plan with Gas then issued findings required to community involvement, and condemn the property and also could not be applied retroactively. filed a court action for condemna- tion. Each party challenged the oth- 377 Greenwich LLC v. State DEC, 2006 ers’ condemnation. NY Slip Op. 26453, Nov. 15, 2006 In May 2006, the court ruled in (N.Y.Cty.Sup.Ct.) (Gische, J.). CITYLAND favor of TransGas, finding that the Comment: While the City’s condemnation circumvented Construction of DeNiro’s luxury hotel at brownfield application was pend- the Siting Board’s authority, but 377 nears completion. ing, the developers received Land- Photo: Morgan Kunz. stayed the City’s condemnation marks approval of the project until the Siting Board ruled. 3 City- design, 1 CityLand 46 (Dec. 2004), Land 63 (May 15, 2006). Richard Born, held an approved and a variance approval from BSA In November 2006, the City remediation plan from DEC that permitting the development to won its challenge to TransGas’s con- addressed findings from the tests. exceed floor area, wall height and demnation when the Second Under the brownfield law, if setback restrictions. 2 CityLand 120 Department ruled that TransGas DEC determines that the site is a (Sept. 15, 2005). Construction of the lacked authority to file the condem- brownfield, it prepares a remedia- hotel is nearly complete. nation action under the eminent tion plan with community com- domain law. The eminent domain ment. With DEC’s investigation COURT DECISIONS law allows parties with approval by pending, the developers at 377 the Siting Board to skip the hearing Greenwich excavated and remedi- and findings requirements and file City of New York ated the site. The developers then directly in court to condemn the Williamsburg, Brooklyn submitted new soil tests showing property. Accordingly, the Siting that the contamination covered 50 City foils TransGas’s Board controlled the matter and percent of the site and cost $1 mil- condemnation of park site TransGas could not hold its own lion to remediate. hearing and issue its own findings. In 2005, DEC denied the devel- Court rules TransGas Energy’s con- The court voided TransGas’s find- opers’ application, finding that the demnation is premature. TransGas ings and its condemnation action, low levels of contamination did not Energy Systems proposed to con- ruling that it must wait for the Siting complicate development of the site. struct a power plant along the East Board’s decision. The developers filed an article 78 River waterfront in Williamsburg. It petition, but Justice Judith J. Gische spent $1.5 million in March 2001 on City of New York v. TransGas Energy Ser- upheld DEC’s determination. an option to purchase the site, and, vices Corp., 2006 NY Slip Op 8123, Nov. The court noted that the legis- in 2002, filed for approval from the 8, 2006, (2nd Dep’t) (Michael A. Cardo- zo, Lisa Bova-Hiatt, William Plache, lature rejected a draft that would state Siting Board. Fred Kolikoff, for NYC; Sam M. Laniado, have allowed all contaminated sites At Siting Board hearings, the Steven D. Wilson, for TransGas). to be recognized as brownfields and City opposed the plan, testifying CITYLAND instead chose to limit the law to that it planned to rezone the entire Comment: By virtue those sites where the contamina- Williamsburg neighborhood and of the two decisions, the action tion complicated development. create a waterfront park. In 2004, returns to the Siting Board and Since the developers had already the Siting Board denied the propos- TransGas’s siting application. Until received financing for the luxury al and TransGas immediately filed a the Siting Board rules, the matter hotel’s construction, the court new application proposing to move remains undecided. found it rational for DEC to con- the plant below ground to allow clude that the hotel would have park space above. Thereafter in May COURT DECISIONS been constructed regardless of the 2005, while TransGas’s second pro- contamination and the developer posal waited for a decision, the City did not need tax credits as an incen- rezoned north Brooklyn, which National Park Service tive to remediate the site. Justice included Planning Commission West Concourse, Bronx Gische agreed with DEC that the approval of plans to acquire the site Federal court rejects chal- developers eliminated the reason for a waterfront park. lenge to for the analysis under the brown- TransGas then initiated steps field law by remediating the site. to condemn the property by pub- Bronx locals’ second attempt to halt The court noted that tax credits lishing notices and holding a hear- Yankee Stadium claimed bias and

December 2006 Volume 3 CITYLAND 173 ineptitude on the part of the Nation- the law encourages the federal gov- relatively close to the old parks and al Parks Service. As part of the need- ernment to streamline its review by improved the park facilities. ed approvals for the Yankee Stadi- coordinating with state and local Save Our Parks v. Kempthorne, U.S. um development, the National Park government, NPS looked at alterna- Dist. 2006 WL 3378703, Nov. 15, 2006 Service approved the plan to priva- tives and the planned replacement (S.D.N.Y.) (Reice, J.). tize a 10.67-acre portion of the parks only had to equal the value of Macomb’s Dam Park and replace the federal government’s initial the lost park space with 16.44 acres investment of $312,914. COURT DECISIONS on three separate parcels, including Judge Buchwald detailed the the old Yankee Stadium site, to be extensive public and environmental EDC developed with baseball and soft- reviews the Yankee Stadium project Hunts Point, Bronx ball fields, a track, walkways and endured under ULURP and City, benches. Because of a 1979 federal EDC lease of Hunts Point state and federal environmental Space to Baldor approved park construction grant, the plan review laws, noting that Save Our required NPS approval. When com- Parks was afforded nine public Competitor challenged procedures pleted, the Yankee Stadium project hearings and that the final plan in EDC’s selection of Baldor for would utilize 22.42 acres of existing reflected significant public com- parkland and create 24.56 acres of South Bronx lease. The New York ment. Judge Buchwald also gave an replacement park space. The 10.67- City Economic Development Cor- extensive description of the final acre portion, protected by the fed- poration issued a request for pro- eral Land and Water Conservation project plan, noting that it offered posals for a long-term lease of two Fund Act, contained a running an increase in park space located parcels across the street from the track, softball field, and two base- ball fields, built with $312,914 of CITY PLANNING PIPELINE federal funding. Local watchdog group, Save New Applications Filed with DCP - Nov. 1 - Dec. 8, 2006

Our Parks, challenged the NPS APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE approval under federal law after it ZONING TEXT AND MAP AMENDMENTS failed to halt the Yankee Stadium W&S Bdway Group 4640, 4648 Broadway, MN Rezone (R7-2 to C1-2/R7-2) 070221ZMM Slater & development through a challenge Beckerman to the City’s approval. 3 CityLand Century 21 416-450 87th St., BK Rezone (C8-2 to C4-2A); 070203ZMK; Greenberg Traurig 128 (Sept. 15, 2006). According to Special permit (269-space parking) 070204ZSK Save Our Parks, NPS’ decision was Mark Solow 135-01, Northern Blvd., QN Rezone (M1-1 to R6/C2-2) 070210ZMQ Joseph Morsellino arbitrary and capricious since it Tserpes Holding Inc. N. Conduit & 135th, QN Rezone (R3-2 to C4-2) 070194ZMQ Vincent Petraro failed to act independently, unduly SPECIAL PERMITS/OTHER ACTIONS relied on state and local project assessments, failed to explore rea- Dynamic 283 W. Broadway, MN Cert. 2nd floor for res. use 070201ZCM Greenberg Traurig sonable alternatives, and expressed 2 Gold LLC 2 Gold St., MN Cert. to expand plaza 070222ZCM Bryan Cave LLP bias in favor of stadium develop- DEP/DCAS 257 South St., MN Site acquisition for water tunnel 070212PCM DEP/DCAS ment. Save Our Parks also claimed 145 Hudson Assoc. 145 Hudson St., MN Spec. permit (restrictive declaration); 990488DZSM; Friedman & that the replacement parkland was Spec. permit (convert fls. 7-10 to res.) 070223ZSM Gotbaum not of equivalent value, usefulness Gala House LLC 200 11th Ave., MN Spec. permit (15-space park. garage) 070211ZSM Herrick Feinstein or location to the old parkland, as Kibal Companies 300 E. 34th St., MN Cert. for transit easement; 070205ZCM; Kramer Levin required by federal law. As part of its Rest. Dec. (residential building) 990544BZSM claim of bias, Save Our Parks point- River Place Holdings 600 W. 42nd St., MN Rest. Dec. (2 mixed-use buildings) 880753DZMM Kramer Levin ed out that NPS became involved in Extell W45th St. LLC Hirschfeld Theater Cert. for air rights transfer 070196ZCM Kramer Levin the project’s environmental review Extell W57th St. LLC 161-171 W. 57th St., MN Cert. to move subway stairs 070202ZCM Kramer Levin over a year before it received the LPC 429 E.64th & 430 E.65th, MN Landmark (City Suburban Homes) 070224HKM LPC application to privatize the park space, and NPS staff sent an email LPC 318-320 Amsterdam Ave., MN Landmark (New York Cab Co. Stables) 070217HKM LPC to the City noting that it would SBS Court, Joralemon, Atlantic, BK Business Improvement District 070214BDK SBS ensure it met its needs without “pre- HPD 16-26 Moffat St., BK UDAAP (senior housing) 070209HAK HPD venting the proposed project from LPC 1375 Dean St., BK Landmark (Elkins House) 070197HKK LPC being developed.” SSJ Development 2433 Knapp St., BK Cert. for res. bldg. 070195ZCK Sheldon Lobel Southern District Court Judge Sullivan Mountain 152nd St., QN Special permit (day care facility) 070213ZSQ Joseph Morsellino Naomi Reice Buchwald denied Save Our Parks’ challenge, finding that CCA/DCAS 33-00 Northern Blvd., QN Materials for the Arts expansion 070215PCQ CCA/DCAS

174 Volume 3 CITYLAND December 2006 City Terminal Market at Hunts Point ULURP PIPELINE in the Bronx. Baldor Specialty Foods and the Hunts Point Terminal Pro- duce Cooperative Association, New Applications Certified into ULURP among others, submitted propos- PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED als. EDC chose Baldor after deciding 269 Henry Street Disposition of property MN 3 070132PPM 11/13/2006 that it had submitted the most com- 555 W. 59th St. Special permit (190-space garage) MN 7 060381ZSM 11/13/2006 petitive lease package. Baldor, Friendly Hands Apts. UDAAP (7-story res. bldg.) MN 11 070151HAM 11/13/2006 which offered the most rent money, 120 E. 125th St. Disposition of property MN 11 070133PPM 11/13/2006 would invest between $5 to $7 mil- 136 Wythe Ave. Disposition of property BK 1 070135PPK 11/13/2006 lion in infrastructure improve- 299 DeGraw St. Disposition of property BK 6 070134PPK 11/13/2006 ments, would retain 510 employees Junction Boulevard Zoning map amendment QN 4 050037ZMQ 11/13/2006 and add another 450 within three 58-03 Rockaway Blvd. Disposition of property QN 14 070136PPQ 11/13/2006 years, and offered to sell or lease its Westchester Day Care Acquisition of property BX 11 060561PQK 12/4/2006 existing facility to displaced Bronx Moffat Gardens UDAAP (72 housing units) BK 4 070209HAK 12/4/2006 Terminal Market wholesalers. In contrast, the Cooperative offered to Hunts Point. In addition, the court tion by the Department of Parks combine the premises with the found that a competitive injury and Recreation to add 14.5 acres to existing Terminal Market. This pro- alone did not confer standing to the Skyline Playground, a neighbor- posal would require significant challenge an administrative deter- hood park in Staten Island. Six of reconfiguration and cost $400 mil- mination. Finally, the court found the 14.5 acres belonged to the Put- lion, which the Cooperative pro- that the Cooperative could not ter brothers, who planned to devel- posed should be financed by City, establish actual injury because it op the site and had a pending appli- state and federal monies. would not have prevailed as the cation with City Planning for 50 After EDC announced its deci- successful responder to the RFP. affordable townhouses. sion to award the lease to Baldor, Even if the Cooperative had stand- The Putters sued in 2002, but the Hunts Point Cooperative filed ing, the court found that there was dropped the suit when the City an article 78 petition, claiming that ample evidence of Baldor’s superior informed them that the map EDC conducted a sham bidding proposal submission to support amendment would not impede their process, that its proposal was more EDC’s determination. development plans. The brothers beneficial than Baldor’s, that the The appellate court noted in a proceeded until 2004 when City RFP’s seven-day response period, footnote that the question of Planning told the Putters that an instead of the usual 60-day period, whether EDC was subject to an arti- application to down-zone large parts showed the decision was predeter- cle 78 proceeding, remained unad- of Staten Island, including their six mined, and that Baldor, the City and dressed by the courts. The record in acres, could gain City approval EDC had entered into a side agree- this case, the court reasoned, was before the Putters’ application. ment to quell the controversy over insufficient to determine if the EDC The Putters sued again, the displaced Bronx Terminal Mar- was an “agency” for article 78 pur- requesting that the court force the ket wholesalers. poses. City to vote on their application. The lower court annulled They claimed that City Planning EDC’s designation of Baldor, ruling Hunts Point Term. Produce Coop. Assn. purposely delayed their application that its determination was arbitrary v. EDC, 2006 NY Slip Op 08073, Nov. 9, while Staten Island’s down-zoning 2006 (1st Dep’t). and unfair, and enjoined EDC from initiative worked its way through entering into a lease of the premises the land use process. Less than a until it implemented a new proce- COURT DECISIONS month after the Putters’ suit, the dure for awarding the lease. City filed the required court pro- On appeal, the First Depart- ceeding to condemn the Putters’ six Planning Commission ment reversed, lifted the injunction acres. and reinstated EDC’s determina- West Brighton, Staten Island A lower court ordered the Plan- tion. The court found that the City’s condemnation of SI ning Commission to vote on the Cooperative did not have standing park to proceed brothers’ plan, but the court over- to challenge EDC’s award to Baldor. turned the order after the City The Cooperative’s claim that there Three brothers owning land in Stat- appealed. 3 CityLand 49 (April 15, was no competitive bidding did not en Island challenged use of ULURP 2006). establish standing because EDC to exempt City from condemnation With the case pending, a court was not required by law to conduct procedures. In 2002, the Planning stayed the City’s condemnation. any competitive bidding process for Commission approved an applica- When the condemnation proceed-

December 2006 Volume 3 CITYLAND 175 ing recommenced, the Putters claimed that the City’s ULURP process in this case was insufficient to replace the hearing required under eminent domain law. The Putters claimed that the notices for the Parks map amendment referred to acquisition of private property, but did not specify acquisition through eminent domain. The City was not, as a result, acting as a con- demnor when it conducted the ULURP hearings. Justice Abraham Gerges grant- ed the City’s condemnation peti- tion, ruling that the City’s proce- Rendering of the planned 85-acre Brooklyn Bridge Park. dures satisfied the requirements of Image courtesy of Michael Van Valkenburgh Associates. the eminent domain law. The City had considered and submitted to the Planning Commission the fac- Governor Pataki created the Brook- and the master plan of 2000 since tors set out in the eminent domain lyn Bridge Park Development Cor- neither called for residential uses law; the City clearly stated that its poration as a subsidiary of the and, in fact, the master plan specifi- application pertained to the Empire State Development Corpo- cally discouraged it. The Defense demapping of streets, the creation ration and charged it with the Fund claimed that no document of the park, and acquisition or dis- responsibility to design and build a required the park to be economical- position of property related to that proposed park on Port Authority ly self-sufficient. purpose. In addition, the court land along Brooklyn’s East River The state and the City found that the Charter envisioned waterfront. The 2002 agreement responded that the governor and that property taken by eminent required that no less than 80 per- mayor always intended the park to domain could be reviewed in accor- cent of the acreage be park space, all be economically self-sufficient. dance with ULURP. Finally, the revenue generated from commer- Estimating a $15.2 million opera- court ruled that the Putters’ claims cial uses would be exclusively used tions and maintenance budget, the concerning the propriety of the for park maintenance and the final state and City claimed that self-suf- ULURP process should have been development plan would be guided ficiency required high-revenue gen- raised in an article 78 proceeding. If by a master plan created for the area erating uses that occupied small the Putters were allowed to bring in 2000. footprints, such as residential or claims relating to ULURP during The newly-created Park Devel- hotel uses. Financial projections the City’s condemnation proceed- opment Corporation adopted a indicated that restaurants and ing, the exemption provision of the general project plan for an 85-acre snack bars alone would not gener- eminent domain law would have no parcel in July 2005, proposing 77 ate sufficient revenues, and that practical value. acres of park space and eight acres high-traffic uses would be incom- of revenue generating space, patible with the park use. The state Jones Woods Park Addition to the Sky- including residential buildings, and City pointed to other parts of line Playground, 2006 NY Slip Op private parking, hotels and retail/ the final plan that differed from the 26433, Oct. 25, 2006 (Kings Cty.Sup.Ct.) restaurant space. 2000 master plan, such as a swim- (Gerges, J.). A not-for-profit citizens group, ming pool that it later found to be the Brooklyn Bridge Park Legal infeasible, arguing that the 2000 COURT DECISIONS Defense Fund, filed an article 78 plan was only a guide. petition, challenging the plan Justice Laurence Knipel dis- Empire State Dev. Corp. approval as arbitrary and capri- missed the case, finding that the Fulton Ferry, Brooklyn cious. The Defense Fund claimed plan did not violate the public trust Plan for Brooklyn Bridge the plan violated the public trust doctrine since the site was not des- Park withstands challenge doctrine since it called for private ignated parkland and would use of public park land. It also become parkland only after it was Citizens group challenged inclusion alleged that residential develop- developed and transferred to the of private residential development. ment violated the 2002 agreement state. After first noting that the In 2002, Mayor Bloomberg and between the mayor and governor Defense Fund had no standing to

176 Volume 3 CITYLAND December 2006 enforce an agreement between the park should be self-sustaining or CITYLAND Comment: In February mayor and governor, the court funded by taxes. 2006, the Brooklyn Bridge Park found that the agreement was not Brooklyn Bridge Park Legal Defense Development Corporation received violated since it called for a “sus- Fund v. NYC Urban Development Corp., approval from Landmarks to tainable” park with revenues used 2006 NY Slip Op. 26466, Nov. 27, 2006 demolish the Purchase Building towards park operations. The court (Kings.Cty.Sup.Ct.) (Knipel, J.) (Robert warehouse, which stood on the Chira & Associates, for Defense Fund; relied on affidavits submitted by the project site within the Fulton Ferry David Paget, for Empire State Dev. City and state, concluding that it Corp.; Michael A. Cardozo, Carrie Note- Historic District. 3 CityLand 2 was a political decision whether the boom, for NYC). (March 15, 2006). CITYLAND PROFILES David Paget talks about over 20 years of environmental law in New York City

ince 1975, when New York State ing up in City public housing gave him no more arcane impact statements, which in S enacted the requirement that gov- concept of the development occurring turn leads to frustration on both sides. ernment agencies study the potential around him. Utility Despite Frustration. “Frustra- significant environmental impacts of land The Main Event. Paget sees environ- tion inheres in the exercise,” Paget use projects, environmental studies have mental impact statements as “the focal explains. Developers are frustrated evolved from 20-page documents pre- point of all major projects.” Litigation has because they need to spend millions on pared by City employees into several led to the longer and more complex EIS consulting firms and legal fees. Pro- thousand-page documents written by impact statements. He mentioned that ject opponents are frustrated because, it experts at a cost of millions. Attorney Hudson Yards’ FEIS finished at over is hard to comment on complicated EISs, David Paget, who for more than 20 years 8,000 pages and cost $16 million. “especially for people that don’t have has advised clients like the Empire State Although Paget sees Hudson Yards as an access to experts.” Nevertheless, Paget Development Corporation and Related exception and estimates the average believes the process works. It gives full Companies on environmental review FEIS cost at $600,000 to one million, he expression to competing views and compliance, talked to CityLand about his says that the exceeding complexity of results in project changes. Paget says experience with the mounting complexi- environmental studies have made the that no project is “fixed and immutable” ties of the review process through his environmental review process the cru- and cites the recent federal decision on work on projects like Hudson Yards, cible of everyone’s concern and the Yankee Stadium as support. The decision Hunts Point Terminal Market, Brooklyn’s avenue where opposition is played out. It specifically noted that the project Atlantic Yards and Yankee Stadium. trumps the ULURP process and is now changed in response to community views A Fortunate Accident. Paget grew up the dominant factor. Paget sees this as raised throughout the EIS process. in the Lillian Wald housing project locat- consistent with the intent of the environ- Ultimately Political. Paget says that ed on East 4th Street and Avenue D. mental review law. But requiring a his practice requires much more than a When he started at City College, he response to each comment raised cre- detailed understanding of the law. He became the first member of his family to ates enormous tension over what is truly sees the work as “ultimately political.” To gain a higher education. After City Col- due rigorous analysis and what must be be successful he must be sensitive to lege and New York University Law responded to under the law. The threat of community interests, compromises, and School, Paget went to Kaye Scholer and litigation forces the outcome: it is better points of vulnerability. “It is critical to then the U.S. Attorney’s Office for the to have addressed the issue in the think about the public relations aspect of Southern District. In 1973, he joined administrative record than to have sum- a project,” Paget says. If the community David Sive, a pioneering environmental marily dismissed it. does not support a project, it can die lawyer, to relieve Sive of his commercial Paget rejects suggestions for legis- before it ever gets off the ground. He litigation caseload. Gradually, he started lating a limit on the length of documents, says that there is no alternative but to working on environmental analyses of saying it would never work in the current attend every public meeting on your development projects. The Jacob K. Jav- litigation system. A preferable approach client’s project, stressing that “you need its Convention Center, Paget’s first major would be to limit court challenges to rel- to see and hear who is commenting, and project, came at a time when the City evant issues. It is common now for a what they have to say.” He added that was emerging from an economic crisis project opponent to complain about every when you go through the process in a and, for Paget, it led to over 20 years of error or omission, “no matter how ill- robust way, it is rare that the final deci- work on the city’s major development founded.” He thinks this is done to slow sion will be disrupted. projects. He fell into the career “utterly the process, but by the same token it by accident,” noting ironically that grow- forces developers to produce longer and – Morgan Kunz/Molly Brennan

December 2006 Volume 3 CITYLAND 177 New Decisions Added to CITYADMIN www.citylaw.org – Nov. – Dec. 2006*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 616 513 W. 157th St., MN UDAAP by HPD (1 lot) 11/15/2006 617 Cornerstone Round 3, Site 4, MN UDAAP by HPD (22 units) 11/15/2006 618 511 Van Siclen Ave., BK UDAAP by HPD (1 lot) 11/15/2006 † 619,620 Princes Bay Rezoning, SI Zoning map & text amendments 11/15/2006 621 Elmhurst Rezoning, QN Rezoning (mixed-use development) 11/15/2006 631 2193 Bergen St., BK UDAAP by HPD (3 lots) 11/29/2006 632 43-5 Bradhurst Ave., MN UDAAP by HPD (3 lots) 11/29/2006 633 187 Edgecombe Ave., MN UDAAP by HPD (4 lots) 11/29/2006 634 105 Hamilton Pl., MN UDAAP by HPD (2 lots) 11/29/2006 635 533 W. 147th St., MN UDAAP by HPD (3 lots) 11/29/2006 636 145-05 178th Pl., QN UDAAP by HPD (1 lot) 11/29/2006 637 505 W. 43rd St. Hotel, MN Special permit for platform in floor area 11/29/2006 638 11-03 Irving Ave., QN UDAAP by HPD (1 lot) 11/29/2006 639 498 E. 165th St., BX UDAAP by HPD (8-story mixed-use bldg.) 11/29/2006 640 Seaview Hospital, SI Lease for women's treatment center 11/29/2006 641 48 E. 12th St., MN Withdrawal of sidewalk cafe appl. 11/29/2006 642 6720 Fort Hamilton Pkwy., QN Withdrawal of 440-seat school 11/29/2006 645 853 Glenmore Ave., BK UDAAP by HPD 12/6/2006 646 2950 Park Ave., BX Withdrawal of UDAAP by HPD 12/6/2006 † 647 Staten Island Savings Bank, SI Landmark designation 12/6/2006 648 Mott Haven School, BX Withdrawal of school const. plan 12/6/2006 649 Manhattan Site 5, MN UDAAP by HPD 12/6/2006 650 Manida Housing, BX UDAAP by HPD 12/6/2006 † 651 Morse Building, MN Landmark designation 12/6/2006 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE 3313 Third Ave. Apartments UDAAP by HPD (8-story mixed-use bldg.) BX 3 N070111HAX 10/25/2006 R. Bright Day Care Center Acquire prop. for day care center BK 13 C060380PQK 10/25/2006 † Morse Building Report to Council on designation MN 1 N070123HKM 11/15/2006 1515 Broadway & 1032 Jefferson UDAAP by HPD (2-story comm. bldg.) BK 4 C060527HAK 11/15/2006 7 Saratoga Ave. & 1510 Broadway UDAAP by HPD (2-story comm. bldg.) BK 16 C060526HAK 11/15/2006 Staten Island Savings Bank Report to Council on designation SI 1 N070124HKR 11/15/2006 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 180 Lafayette St.,MN Special permit (spa) App'd 37-06-BZ Leo Weinberger 499 Broadway, MN Conversion to commercial use App'd 58-06-BZ Sheldon Lobel, P.C. 88 Jane St., MN Extend time for res. conversion App'd 149-01-BZ Eric Palatnik, P.C. 111B 11th Ave., MN Ext. of term (Chelsea Piers) App'd 69-95-BZ Wachtel, Masyr 299 Seventh Ave., MN Const. 10-story, mixed-use bldg. App'd 199-05-BZ Joseph Morsellino 125 E. 39th St., MN Ext. of term (eating & drinking est.) App'd 574-85-BZ Fredrick A. Becker 1 Park Ave., MN Special permit (phys. cult. est.) App'd 72-06-BZ Rothkrug Rothkrug 32 Cent. Pk. S., MN Change of use (restaurant to office) App'd 595-44-BZ Howard Goldman 2465 Broadway, MN Ext. of term (Equinox) App'd 182-95-BZ Rothkrug Rothkrug 2473 Broadway, MN Ext. of term (Equinox) App'd 183-95-BZ Rothkrug Rothkrug 5260 Sycamore, BX Const. bldg. in mapped street App'd 286-05-A Kramer Levin 691 E. 149th St., BX Ext. of term (gas station) App'd 413-50-BZ Eric Palatnik, P.C. 298 W. 231st St., BX Ext. of term (Bally's) App'd 1289-80-BZ Cozen O'Connor 3319 Atlantic Ave., BK Ext. term, amend variance App'd 341-43-BZ Martyn Weston 1427 E. 17th St., BK Appeal of vested right to cont. dev. App'd 120-06-A Eric Palatnik, P.C. 1085 E. 22nd St., BK Enlarge 1-family dwelling App'd 234-06-BZ Fredrick A. Becker 1410 E. 22nd St., BK Enlarge 1-family dwelling App'd 158-06-BZ Lewis E. Garfinkel 1253 E. 28th St., BK Enlarge 1-family dwelling App'd 176-06-BZ Lewis E. Garfinkel 1436 E. 28th St., BK Enlarge 2-family dwelling App'd 106-06-BZ Sheldon Lobel, P.C. 1221 E. 29th St., BK 3-story enlargement to 1-fam. dwelling App'd 72-06-BZ Dennis Dell'Angelo

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

178 Volume 3 CITYLAND December 2006 New Decisions Added to CITYADMIN www.citylaw.org – Nov. – Dec. 2006*

BOARD OF STANDARDS & APPEALS (CONT.) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 1060 82nd St., BK Leg. dwelling (exceeds FAR, open space) App'd 288-05-BZ Harold Weinberg 110 Franklin Ave., BK Const. 4-story res. building App'd 328-04-BZ Howard Goldman 6002 Ft. Hamilton, BK Amend variance (res./commercial use) App'd 363-04-BZ Mark A. Levine 3155 Bedford Ave., BK Enlarge 1-family dwelling App'd 234-06-BZ Fredrick A. Becker 3743 Nostrand Ave., BK Ext. of term (service station) App'd 131-93-BZ Eric Palatnik, P.C. 1426 Fulton St., BK Ext. of term (eating & drinking est.) App'd 331-98-BZ Sheldon Lobel, P.C. 1267 E. 35th St., QN Const. 4-story add. to school App'd 33-05-BZ Sheldon Lobel, P.C. 135-28 Roosevelt, QN Const. 7-story mixed-use bldg. W/D 334-04-BZ Sheldon Lobel, P.C. 37 Newport Walk, QN Enlarge dwelling not on mapped st. App'd 135-06-A Joseph A. Sherry 51-17 Rockaway Blvd., QN Enlarge commercial structure App'd 346-05-A Joseph A. Sherry 68-22 North. Blvd., QN Ext. of term (gas station) App'd 558-51-BZ Eric Palatnik, P.C. 176 Reid Ave.,QN Enlarge dwelling not on mapped st. App'd 168-06-A Valentino Pompeo 519 Browns Blvd., QN Enlarge dwelling not on mapped st. App'd 167-06-A Gary Lenhart 9 Bedford Ave., QN Enlarge dwelling in bed of mapped st. App'd 90-06-A Gary Lenhart 41-23 156th St., QN Const. 3-family dwelling App'd 34-06-A Victor K. Han 90-15 Corona Ave., QN Permit 6-story mixed-use bldg. App'd 47-05-BZ Cozen O'Connor 56-45 Main St., QN Variance for 5-story hospital bldg. App'd 42-06-A Stadtmauer Bailkin 107 Beach 220th, QN Enlarge dwelling not on mapped st. App'd 230-06-A Gary Lenhart 43 Kildare Walk, QN Enlarge dwelling in bed of mapped st. App'd 125-06-A Gary Lenhart 1 Arcadia Walk, QN Enlarge dwelling in bed of mapped st. App'd 102-06-A Gary Lenhart 139-24 Booth Mem., QN Const. parking facility App'd 41-06-BZ Stadtmauer Bailkin 200-01 47th Ave., QN Ext. of term (Shell station) App'd 866-49-BZ Carl A. Sulfaro 93-10 23rd Ave., QN Legalize use of basement App'd 1888-61-BZ Alfonso Duarte 125-24 Metro. Ave., QN Ext. of term (gas station) App'd 933-28-BZ Michael M. Robbins 152 Ocean Ave., QN Enlarge dwelling in bed of mapped st. App'd 61-06-A Miro Stracer 2424-48 Flatbush, QN Eliminate term limit App'd 459-73-BZ Sheldon Lobel, P.C. 1949 Richmond Ave., SI Change of use (eating & drinking est.) D'missed 558-71-BZ Eric Palatnik, P.C. 5 Lockman Pl., SI Const. 2-story, 2-family dwelling App'd 92-06-A Vito J. Fossella 7194 Amboy Rd., SI Appeal of DOB decision Denied 161-05-A Tottenville Civic Assoc. 1390 Richmond Ave., SI Const. 2-story commercial bldg. App'd 298-05-BZ Rampulla Assoc. LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED CERTIFICATE OF APPROPRIATENESS Central Park, MN Heckscher Building Construct 1-story addition 07-3237 Yes 10/30/2006 Central Park, MN Lasker Rink Inst. staircases, infill, railings 07-2866 Yes 10/24/2006 1075 Woodrow Rd., SI Woodrow Methodist Church Install telecom equip. w/in spire 07-2222 Yes 10/19/2006 53 Warren St., MN Tribeca South HD Ext. Alter facade 07-3470 Yes 10/16/2006 52 Wooster St., MN SoHo-Cast Iron HD Construct 6-story building 07-2853 Yes 10/23/2006 37 Barrow St., MN Greenwich Village HD Reconstruct sidewalk cafe 07-2981 Yes 10/19/2006 26 Washington Sq. N., MN Greenwich Village HD Const. roof stair, bulkhead 07-2637 No 10/10/2006 8 Astor Place, MN NoHo HD Establish master plan (window sashes) 07-3036 Yes 10/23/2006 34 W. 10th St., MN Greenwich Village HD Alter facade 07-3251 Yes 10/30/2006 418 W. 20th St., MN Chelsea HD Roof and rear additions 07-2883 Yes 10/17/2006 443 W. 22nd St., MN Chelsea HD Install access ramp, railings 07-3499 Yes 11/13/2006 20 E. 63rd St., MN Upper East Side HD Repl. infill, remove ramp, stairs 07-2551 Yes 10/17/2006 834 Fifth Ave., MN Upper East Side HD Repl. shed, const. roof add. 07-2894 Yes 10/20/2006 22 W. 75th St., MN Upper West Side/CPW HD Construct stoop 07-3494 Yes 11/13/2006 167 W. 80th St., MN Upper West Side/CPW HD Alter facade 07-2562 Yes 10/17/2006 248 Cent. Pk. W., MN Upper West Side/CPW HD Replace rooftop addition 07-2932 Yes 10/18/2006 233 Garfield Pl., BK Park Slope HD Legalize masonry openings 02-6641 No 9/15/2006 84 Seventh Ave., BK Park Slope HD Inst. storefront, 3-story rear add. 07-1392 Yes 8/18/2006 24 Remsen St., BK Brooklyn Heights HD Modify rooftop addition 07-2655 Yes 10/18/2006 57 Orange St., BK Brooklyn Heights HD Inst. pavers, steps, ramp, gate 07-2619 Yes 10/19/2006 470 Washington, BK Clinton Hill HD Const. 3-story rear addition 07-0366 Yes 9/21/2006

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

December 2006 Volume 3 CITYLAND 179 The Center for New York City Law New York Law School 47 Worth Street New York NY 10013-2960

Macombs Dam Park four days after development began on the new Yankee Stadium project. See full story on page 173. Photo: © Geoffrey Croft/NYC Park Advocates. All Rights reserved.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS

CITY LAW BREAKFAST SERIES 2006-2007 Friday, January 19, 2007 New York City Comptroller William C. Thompson, Jr. Speaking on “Smart Growth and Affordability: Meeting the Needs of New York City’s Future” Breakfasts begin at 8:15 a.m. at New York Law School, 47 Worth St., N.Y., N.Y. There is no charge, but please reserve a seat at www.citylaw.org. CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support of: AGENCY NUMBER OF YEARS NAME DECISIONS AVAILABLE Manatt, Phelps & Phillips, LLP

BSA 2,217 2002-Present New York City Council Council 1,175 2003-2005 Weil, Gotshal & Manges LLP CPC 627 2003-Present Gibson, Dunn & Crutcher DOB 68 1999-Present Kramer, Levin, Naftalis & Landmarks 1,420 2002-Present Frankel, LLP CITYLAND Loft Board 1,417 1996-Present WWW.CITYLAW.ORG