CITYLAND

OCTOBER 15, 2004 center for city law VOLUME 1, NUMBER 1

Site of approved 29-story mixed use Highlights building at 200 Chambers Street, Tribeca. DUANE STR EET CITY COUNCIL 200 Chambers Street ...... 1 Brookville Queens rezoning ...... 3 Bronx down-zonings ...... 4

Community Facilities ...... 4 REET WASHINGTON READE STR CHAMBERS ST MARKET PARK EET EET CITY PLANNING COMMISSION WEST ST PROJECT SCHOOL REET Red Hook Ikea ...... 5 SITE YARD Randall’s Island water park ...... 6 DOG GREENWICH STR DUMBO tower approved ...... 7 RUN PS 234 Enrique Norten’s hotel design . . . .8 CHAMBERS STR BOARD OF STANDARDS WARREN AND APPEALS STREET EET Domestic Abuse Shelter allowed . .9 Greater Allen Cathedral housing . .9 CITY COUNCIL 300 ft., eliminated an urban plaza, Sephardic Community Center . . .10 committed 10,000 sq.ft. of a 40,000 sq.ft. community facility space to Comedy club at 14th & Hudson . .10 Special Permit/Disposition the adjacent P.S. 234, and reduced Lower the project’s size. LANDMARKS 300 foot tower approved for The proposed development Grant’s Tomb Pavilion ...... 11 Chambers and West Street raised concerns because of the site’s history, the potential shadows on L.I. New York Telephone Co...... 12 Developer reduced tower by 60 Tribeca’s Washington Market Park 240 South Apts. . . . .12 feet and increased community facil- and the impact of new residents on 34 West 74th Street ...... 12 ities. The Council approved without the already overcrowded P.S. 234. additional change the Planning The site, part of an expired Urban Commission’s resolutions adopted COURT DECISIONS Renewal Area Plan, had a history of on July 28, 2004, allowing construc- failed development proposals, leav- Art to stay at 599 . . . .13 tion of a 29-story mixed-use build- ing it one of only two remaining Hudson Yards Draft EIS ...... 13 ing at 200 Chambers Street. The undeveloped sites. Council’s action completes the des- The site currently contains sur- ignation of the site as an Urban face parking, a dog run and a school CHARTS Development Action Area, allows yard for P.S. 234. The developer pro- City Planning Applications ...... 6 the transfer of City-owned land to posed construction on the 34,257 ULURP Certifications ...... 6 the EDC, and approves a special sq.ft. surface parking portion only, permit to modify height and set- but counted the square footage of the Landmarks’ September Hearings . .11 back. In the course of the ULURP dog run and the yard to meet a 40,000 citylaw.org New Decisions ...... 14 process, the developer reduced the sq.ft. lot size requirement for the City height of the tower from 360 ft. to Planning special per- (cont’d on page 3)

October 15, 2004 Volume 1 CITYLAND 1

COMMENTARY

Welcome to CityLand,Your New Source for Land Use Information

The Center for Law proudly launches its most ambitious project, CITYLAN D , a monthly newsletter reporting decisions by the primary New York City land use agencies. Our intent in publishing comprehensive, timely information on land use decisions is to promote broader public participation and understanding of the City’s land use decision processes, while at the same time meeting the needs of governmental and professional participants. Land use decisions carry profound implications for the livability and prosperity of New York City, yet the City’s land use processes have traditionally been regarded as arcane, manipulated by a relatively few professional and governmental insiders, and invisible to the general public except for the few controversies that reach the media. Each land use agency keeps its own records, and the records exist in many different formats from only hard copy stored in metal file cabinets to partial Internet accessibility. In the distant past the Board of Estimate’s printed cal- endar was a source of public information, and some agencies regularly printed bulletins reporting their decisions, but charter revision and budget cutting have ended these activities. Individual agency Web sites are not search- able. The result is that the public lacks an easy way to follow and research land use decisions. CITYLAN D fills this gap. It will be comprehensive and include lists of information not otherwise available such as the list of new applications filed at the Planning Commission. Complementing CITYLAN D , the Center’s expand- ed Web site, www.citylaw.org, makes available in full text the decisions issued by land use agencies, all in search- able format. The Center, by combining a timely newsletter with free Internet access to decisions, has created a powerful new information resource. There are many people who helped make CITYLAN D possible. We were greatly encouraged by the profession- al staffs at the City land use agencies who helped us gain a better understanding of the range of land use decisions. Members of our CITYLAN D Advisory Board offered good ideas on how to manage the information, and the sever- al Foundations which provided funds permitted the Center to produce the prototype released last June. Lastly, New York Law School’s supportive environment has allowed us to experiment with projects like CITYLAN D . We are grateful to all. Now, with pleasure, we present to the civic life of New York City the inaugural issue of CITYLAN D . –Ross Sandler CITYLAND

Ross Sandler Robert Merola Research Assistants: The Center expresses appreciation to the individ- Executive Editor and Director, Design Director Joseph P. Cardillo ‘05 Center for New York City Law Angelina Martinez-Rubio ‘04 Maren Mahoney ‘05 uals and foundations supporting the Center and Melanie Cash ‘02 David Steingard ‘04 Jordana Marcus ‘06 its work: Jerry Gottesman, Fund for the City of Associate Director, Center John Tatulli ‘04 New York, the Robert Sterling Clark Foundation, Editor, CityLaw Fellows in New York City Law Kevin Schultz ‘05 Molly Brennan Jeffrey Ocasio Jason Weeks ‘06 The Marc Haas Foundations, The Horace W. Gold- Editor, CityLand Web Master smith Foundation, The Murray Goodgold Founda- tion, The New York Community Trust, The Prospect CITYLAND ADVISORY BOARD Hill Foundation and The Revson Foundation.

Kent Barwick Andrew Berman Albert K. Butzel CITYLAN D (ISSN 1551-711X) is published Frank Munger Paul D. Selver Howard Goldman monthly by the Center for New York City Law at New York Law School, 57 Worth St., New York City, CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL New York 10013, tel. (212) 431-2115, fax (212) 941- 4735, e-mail: [email protected], website: www.citylaw.org © Center for New York City Law, Stanley S. Shuman, Michael D. Hess Steven M. Polan 2004. All rights reserved. Printed on recycled paper. Chair Lawrence S. Huntington ’64 Norman Redlich Arthur N. Abbey ’59 Maps presented in CITYLAN D are from Map- William F. Kuntz II Joseph B. Rose Harold Baer, Jr. PLUTO copyrighted by the New York City Depart- Eric Lane Rose Luttan Rubin David R. Baker Nathan Leventhal ment of City Planning. City Landmarks and His- Frederick P. Schaffer Edward N. Costikyan Randy M. Mastro toric Districts printed with permission of New York Frederick A.O. Schwarz, Jr. Paul A. Crotty Richard Matasar, City Landmarks Preservation Commission. Richard J. Davis President & Dean O. Peter Sherwood Fernando Ferrer Robert J. McGuire Edward Wallace POSTMASTER: Send address changes to Michael B. Gerrard CITYLAN D Francis McArdle Richard M. Weinberg , 57 Worth Street, New York, New York Judah Gribetz John D. McMahon ’76 Peter L. Zimroth 10013-2960. Periodicals postage paid at New York, Kathleen Grimm ’80 Thomas L. McMahon ’83 James D. Zirin New York.

2 Volume 1 CITYLAND October 15, 2004

200 Chambers (cont’d from page 1) overall size and increased the com- hensive down-zoning proposal of 88 mit. The developer originally sought munity facilities space to over blocks in Brookville, north of JFK approval of a 35-story tower along 40,000 sq.ft. P.S. 234 will have use of International in Queens. The Coun- West Side Highway and a shorter 7- 10,000 sq.ft. of the community cil’s vote completes a four-year-long story component along Chambers facilities space. A community initiative, which started with a com- Street, producing a 402,883-square group, Manhattan Youth, will be munity letter to the Queens Borough foot building with 456 rental units, allotted the remainder. On July 28, President in 2000 and led to the cre- retail space, and only 18,023 sq.ft. of 2004, the Commission unanimous- ation of a joint Community Board, community facilities space. ly approved the revised proposal. Borough President and City Plan- ning Department Task Force. At the Council meeting, Coun- Council Res. Nos. 573, 574 (September 9, The Brookville residents, point- cil Member Alan Gerson stated that, 2004); CPC Cal. No. 40 and 42, C with regard to the proposed devel- 040255HAM (UDAAP/disposition of ing to a rising number of out-of- opment, the past year could be sum- land), C 040257 (A)ZSM (special permit) character developments in the area, marized as one of “heated discus- (July 28, 2004) (200 Chambers St.: asked that steps be taken to prohibit sions with the administration.” He Michael T. Sillerman, Esq., Kramer Levin large developments. Concern arose Naftalis & Frankel LLP, for West-Cham- urged the Council to vote yes, com- from construction of several as-of- bers Associates, LLC; Hardy Adasko, for menting that an agreement with the right 12-unit apartment buildings EDC; Architect: David West, Costas and one 25-unit apartment building developer had just been signed that Kondylis & Partners LLP). CITYADMIN morning. The Council approved the directly adjacent to Brookville Park application by a vote of 47 in the at 145-33 and 145-37 232nd Street. affirmative and 0 in the negative. CITY COUNCIL Prior to these developments, Brookville was characterized by one ULURP Process: The Office of Rezoning and two-family homes and small the Deputy Mayor for Economic semi-detached dwellings. Brookville, Queens Development and Rebuilding, lead The zoning changed from R3-2 agency, prepared a draft environ- 88 blocks of Southeast to R3-1 or R4B, with a small, two- mental impact statement and the Queens down-zoned block manufacturing zone left Planning Commission submitted it unchanged. The majority of the with the certification to Manhattan Council vote completes 4-year rezoning will limit development to Community Board 1. On March 30, push to prohibit large apartment one and two-family buildings. 2004, the Board voted to disapprove buildings. The Council approved the Council approved the down-zoning by 37 to 0 and requested a reduction Planning Commission’s compre- on September 28th. in height to prevent shadows on S O U T H E R N P A R K W A Y Washington Market Park, removal SouthSouthSouth ConduitConduitConduit Ave.Ave.Ave.

143rd143rd143rd Rd. Rd.Rd. 144th144th144th Ave. Ave.Ave. RR 44 of the urban plaza, and an increase 144th144th Ave.Ave. RR 44 BB BB143143143 Ave. Ave. Ave. (not(not(not open) open) open) 143143143 Ave. Ave.Ave. (not(not open) open) (not(not(not open) open) open) 230230230 Place Place Place 230230230 Place Place Place 230230230 Place Place Place (not(not(not open) open) open) (not(not(not open) open) open)

231231231 Street Street Street 231231231 Street Street Street in the community facilities to 231231231 Street Street Street LansingLansingLansing Ave. Ave. Ave. LansingLansingLansing Ave. Ave. Ave.

232232 Street Street 232232232 Street Street Street 232232232 Street Street Street EdgewoodEdgewoodEdgewood Ave. Ave. Ave. 232 Street 220th220th220th St. St. St. EdgewoodEdgewoodEdgewood Ave. Ave. Ave. 220th220th220th St. St. St. 143143143 Rd. Rd. Rd. 40,000 sq.ft. On May 17, 2004, Bor- 143143143 Rd. Rd. Rd. 233233 Street Street 233233233 Street Street Street (not(not(not open) open) open)233233233 Street Street Street SpringfieldSpringfieldSpringfield Boulevard Boulevard Boulevard 221st221st221st St. St. St. (not(not(not open) open) open) SpringfieldSpringfieldSpringfield Boulevard Boulevard Boulevard 221st221st221st St. St. St. SpringfieldSpringfieldSpringfield Boulevard Boulevard Boulevard 221st221st221st St. St. St. 145th145th145th Ave. Ave.Ave. ough President C. Virginia Fields 222nd222nd222nd St. St. St. 222nd222nd222nd St. St. St. L L E 223rd223rd223rd St. St. St. 223rd223rd223rd St. St. St.

recommended approval only if the 224th224th224th St. St. St. 144th144th144th Ave. Ave.Ave. 144th144th144th Ave. Ave.Ave. 224th224th224th St. St. St. 144th144th144th Ave. Ave.Ave.

225th225th225th St. St. St. 225th225th225th St. St. St. height was limited to 300 ft. and if V I 226th226th226th St. St. St. 226th226th226th St. St. St. R K

227th227th227th St. St. St. two community facilities – one for 227th227th227th St. St. St. 145th145th145th Rd. Rd.Rd. 145th145th145th Rd. Rd.Rd. 228th228th228th St. St. St. 228th228th228th St. St. St. 145th145th145th Ave. Ave.Ave. O K

229th229th229th St. St. St. surrounding residents and one for 229th229th229th St. St. St.

220th220th220th St. St. St. 230th230th230th St. St. St. 220th220th220th St. St. St. 230th230th230th St. St. St. 146th146th146th Ave. Ave.Ave. P.S. 234 – were included. 230th230th230th Pl. Pl. Pl. M1-1 230th230th230th Pl. Pl. Pl. S P R I N G F I E L D P A R K 221st221st221st St. St. St. M1-1 221st221st221st St. St. St. M1-1 221st221st221st St. St. St. 231st231st231st St. St. St. 231st231st231st St. St. St. B R O

222nd222nd222nd St. St. St. 232nd232nd232nd St. St. St. At the June 9, 2004 public 222nd222nd222nd St. St. St. 146th146th146th Ave. Ave.Ave. 232nd232nd232nd St. St. St. 146th146th146th Ave. Ave.Ave. P A

223rd223rd223rd St. St. St. 223rd223rd223rd St. St. St. hearing before the Planning Com- 224th224th224th St. St. St. 224th224th224th St. St. St.

SPRINGFIELD PARK 225th225th225th St. St. St. 147th147th147th Ave. Ave.Ave. 225th225th225th St. St. St. EXTENSION 147th147th147th Ave. Ave.Ave.

226th226th226th St. St. St. mission, Council Member Gerson, 226th226th226th St. St. St.

227th227th227th St. St. St. 227th227th227th St. St. St.

SpringfieldSpringfieldSpringfield La. La. La.

SpringfieldSpringfieldSpringfield La. La. La. SpringfieldSpringfieldSpringfield La. La. La. Housing Type 228th228th228th St. St. St. 228th228th228th St. St. St. a representative for State Senator 229th229th229th St. St. St. 229th229th229th St. St. St. 230th230th230th St. St. St. 230th230th230th St. St. St. Detached Buildings 230th230th230th Pl. Pl. Pl. 147th147th147th Ave. Ave.Ave. 230th230th230th Pl. Pl. Pl. 147th147th147th Ave. Ave.Ave. 230th Pl. 231st231st231st St. St. St. 231st231st231st St. St. St. 232nd232nd232nd St. St. St. Connor and for State AssemblyAir Services 232nd232nd232nd St. St. St. Semi-Detached Buildings

SpringfieldSpringfieldSpringfield Boulevard Boulevard Boulevard (partially (partially (partially open) open) open)

SpringfieldSpringfieldSpringfield Boulevard Boulevard Boulevard (partially (partially (partially open) open) open) Industrial Park SpringfieldSpringfieldSpringfield Boulevard Boulevard Boulevard (partially (partially (partially open) open) open) 149th149th149th Ave. Ave. Ave. 149th149th149th Ave. Ave. Ave. Member Glick testified in opposi- open) Attached Buildings 226th St. R3-1R3-1 Proposed Zoning tion along with the Community 227th St. (not M1-1M1-1 Proposed C1-3 Overlay M1-1M1-1 228th St.(not open) M1-1M1-1 148th148th148th Ave. Ave.Ave. 148th148th148th Ave. Ave.Ave. 149th149th149th Ave. Ave. Ave. (not (not (not open) open) open) 229th229th229th St. St. St.(not (not (not open) open) open) 149th149th149th Ave.Ave. Ave. (not(not (not open)open) open) 229th229th229th St. St. St.(not (not (not open) open) open) Board and PTA members. Each 229th229th229th St. St. St.(not (not (not open) open) open) R3-2 Existing Zoning

230th230th230th St. St. St. 230th230th230th St. St. St. Proposed Zoning Boundary spoke of the acute space con- 232nd232nd232nd St. St. (notSt. (not (not open) open) open) 232nd232nd232nd St. St. (notSt. (not (not open) open) open) I D L E W I 232nd232nd232nd St. St. (notSt. (not (not open) open) open) L D P A R K 230th230th Pl. Pl. 230th Pl. 230th230th230th Pl. Pl. Pl. 149th149th149th Ave AveAve Existing Zoning Boundary ... 231st231st231st St. St. St. straints facing P.S. 234 and the 231st231st231st St. St. St. P A R K Unimproved Mapped Streets looming tower’s projected shad- ows. Following the Commission’s © NYC Department of City Planning. All rights reserved. B R O O K V I L L E hearing, the developer reduced the Brookville Rezoning, Proposed Zoning and Housing Type height to 300 ft., decreased the Printed with the permission of the NYC Department of City Planning.

October 15, 2004 Volume 1 CITYLAND 3

ULURP Process: City Planning The separate Throgs Neck Council Res. Nos. 609 (Van Cortlandt Commission, as lead agency, issued effort began after Mayor Bloomberg Village); No. 610 (Central Riverdale a negative declaration on May 10, held a town hall meeting in Throgs /Spuyten Duyvil); Nos. 611-4 (Throgs 2004. Queens Community Board 13 Neck during the summer of 2003. Neck)(September 28, 2004); CPC Cal. held two public hearings, voting to Residents voiced concerns over Nos. 8-11, N040479 ZMX; N040480 ZRX; approve on June 28, 2004 by 30 to 0. large out-of-character develop- N040481 ZRY; N040482 ZRX (Throgs Borough President Helen Marshall ments, particularly those that Neck) (August 25, 2004); CPC Cal. No. approved on July 20th. The Com- blocked waterfront views. Follow- 22 C040515 ZMX (Central Riverdale/ mission approved on August 25, ing the town hall meeting, the Plan- Spuyten Duyvil); CPC Cal. No. 23 2004, with Vice-Chair Kenneth ning Department completed a C040516 ZMX (Van Cortlandt Village) (September 8, 2004). CITYADMIN Knuckles and Commissioner Irwin comprehensive lot-by-lot analysis Cantor noting that their tour of the of Throgs Neck, proposing new zon- area made it clear that out-of-scale ing that lowered density, decreased CITY COUNCIL development was threatening building heights, increased residen- Brookville’s character. tial parking requirements and Rezoning restricted future development from Council Res. No. 603 (September 28, Citywide blocking waterfront views. 2004); CPC Cal. No. 19, C 0404460 ZMQ (map amendment) (August 25, 2004). With the approval by the Community Facilities CITYADMIN Council, Throgs Neck became the text amended second area in the City subject to Universities, medical centers, the new, August 2004 Lower Density museums and religious buildings CITY COUNCIL Growth Management Area zoning face tighter restrictions. The Council text, which was passed to protect approved amendments to 64 sec- Rezoning the character of the City’s existing tions of the zoning text that control Bronx low density, single-family and small placement, size and parking for multi-family neighborhoods. The community facilities. The vote cul- New zoning approved for new text stemmed initially from minated a joint study by the Plan- four Bronx neighborhoods concerns raised by Staten Island ning Department and the Council’s residents and elected officials over Central Riverdale, Spuyten Land Use Committee of existing the 24,000 new housing units built Duyvil, Van Cortlandt Village and zoning controls of community facil- on the Island during 1990-2000. Throgs Neck down-zoned. On ities. This is the first amendment to Under the new text, a neighbor- September 28, 2004, the Council the relevant text since 1961. hood must be designated by the approved four major Bronx City to be subject to the new restric- The revision impacts communi- down-zonings. tions. The entire Borough of Staten ty facilities such as universities, hous- In Central Riverdale and Island was the first area designated es of worship, medical facilities, dor- Spuyten Duyvil, the Council under the new zoning rules. mitories, libraries, museums, schools rezoned a 30-block area to restrict and day-care centers. The amend- new buildings’ heights to six and Council approved the Central ment is intended to restrict the per- seven stories rather than the 14 sto- Riverdale, Spuyten Duyvil, Van mitted floor area and the potential ries previously permitted. Currently, Cortlandt Village and Throgs Neck sites for community facilities in sin- 92% of the neighborhoods’ build- down-zonings by a vote of 51 to 0. gle-family or small multi-family ings are under seven stories. ULURP Process: City Planning areas, and to increase the ability of The Council also rezoned a 15- Commission, as lead agency, issued a community facilities to locate in block area of Van Cortlandt Village, negative declaration for Throgs Neck more suitable, higher density areas. limiting the size and floor area of on June 7, 2004 and for Van Cortlandt The amendment eliminated a new dwellings to a size that more Village and Central Riverdale/ majority of the provisions exempt- closely matched the existing low Spuyten Duyvil on June 21, 2004. The ing community facilities from the density buildings. The down-zon- Community Boards, Bronx 10 for rear yard requirements of the code, ings, opposed at the Council by sev- Throgs Neck and Bronx 8 for Van which in the past resulted in large eral homeowners and commercial Cortlandt Village and Central bulky buildings in neighborhoods building owners, grew out of a §197-a Riverdale/Spuyten Duyvil, along with with small homes. The new code rezoning proposal initiated in 1998 Borough President Adolfo Carrion will cover all “houses of worship” by Bronx Community Board 8 under approved. After an August 11th hear- instead of solely “churches.” Parking the Charter provision that allows a ing on all, the Commission approved requirements for houses of worship board to propose a plan for its devel- Throgs Neck on August 25th and the will be measured on capacity rather opment, growth and improvement. remainder on September 8th. than “fixed seats.” Several churches

4 Volume 1 CITYLAND October 15, 2004 had circumvented this requirement M3-1 for heavy manufacturing. bulk regulations to permit the by loosening fixed seating. Recently, the neighborhood has building to exceed a 30 ft. height Medical facilities, other than begun a slow revitalization with the limit; a modification to the water- hospitals, will be further restricted opening of the Community Justice front access and visual corridor reg- from locating in low-density neigh- Center in 2000 and with increasing ulations; and a certification of com- borhoods of one and two-family private renovations to its residential pliance with waterfront zoning. homes, and permitted floor area for and neighborhood retail buildings. At the Commission hearing such facilities will be reduced. In the The Ikea development site will significant support came from area past, large out-of-character medical be located at Todd Shipyards, one of nonprofits and Red Hook public facilities had been constructed after the City’s historic maritime/indus- housing residents interested in the medical group created a larger trial areas. The project site is bor- Ikea’s projected 500-600 jobs and its development lot by demolishing dered by Beard and Halleck Streets, plan to limit job applications, for an several adjacent homes. Columbia Street, the Erie Basin, and initial eight-month period, to resi- Religious buildings will be able a deep-water slip to the west. Its dents of the 11231 postal zone. The to locate in M-1 districts. The per- centerpiece, the 346,000 sq.ft. furni- opposition, primarily private prop- mitted floor area of all community ture store, will be served by 1,400 erty owners who in the past 10-15 facilities was increased in C1 and C2 surface parking spaces. Ikea’s plan years have contributed to Red districts mapped within an R3-2 includes a 6.3-acre waterfront park Hook’s slow regeneration, voiced district. Council approved by a vote containing a 40-foot wide esplanade concerns over traffic congestion on of 47 to 0. stretching the length of the site, a Red Hook’s narrow streets. ULURP Process: City Planning 15-foot wide path, 300 trees, a The Commission held a sec- Commission, as lead agency, issued grassy amphitheater and more than ond Ikea presentation on August 25, a draft environmental impact state- 1,700 linear feet of seating. The 2004, with Sam Schwartz, Ikea’s traf- ment on March 8, 2004 and referred esplanade includes a ferry plaza fic engineer, presenting detailed the rezoning proposal to all Com- and public access to the existing analysis on the project’s impacts munity Boards and Borough Presi- piers and it will retain five historic and the extensive proposed dents. After a June 9, 2004 hearing, gantry cranes reminiscent of the changes to traffic intersections and the Commission unanimously site’s industrial past. transportation. Schwartz listed approved on July 28th. The Commission approved a improvements such as widening Council Res. No. 586 (September 9, zoning map amendment from M3- and reconfiguring of streets; 2004); CPC Cal. No. 50, N 040202 ZRY 1 to M1-1; a special permit to allow improving the sidewalks along (July 28, 2004). CITYADMIN large retail; City map changes; a Hamilton Avenue; reconfiguring special permit to modify waterfront intersections; a free weekend bus CITY PLANNING COMMISSION

Special Permit/Rezoning Red Hook, Brooklyn Ikea development approved; sent to Council

Ikea to build a 346,000 sq.ft. waterfront store in Red Hook. The Commission approved an applica- tion by Ikea Property, Inc., for the development of a 346,000 sq.ft. fur- niture store and three ancillary buildings on a 22-acre site along the Red Hook, Brooklyn waterfront. The store, Ikea’s first in New York City, will be its largest store in the United States. The Commission also approved 70,000 sq.ft. of retail and restaurant space and a 6.3-acre public esplanade/bikeway. Rendering of proposed Red Hook Waterfront Ikea Red Hook is primarily zoned Printed with the permission of Greenberg Farrow Architects, James Bry and Lee Weintraub.

October 15, 2004 Volume 1 CITYLAND 5

on April 23, 2004. After two public Applications Filed with City Planning - Sept. 1 - 28, 2004 hearings, Brooklyn Community APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE Board 6 approved, on the condition ZONING TEXT AND MAP AMENDMENTS that Ikea completes future traffic City Planning Spec. Natural Area District Text for natural features; 050093 ZRY studies one and three years after remove grandfathering opening; implements traffic mitiga- SPECIAL PERMITS tions identified in the studies; cre- RBNB Wall St. 63 Wall Street Garage, MN Allow 85-space public 050084ZSM Philip Habib garage in residential bldg. ates a local non-profit job training 55th & 9th LLC 400 W. 55th St. Prkng Grg Allow 131-space public 050094ZSM Bryan Cave center; and studies barge delivery 400 W. 55th St., MN garage in residential bldg. five years after opening. 713 Group, Inc. 713 Park Ave., MN Allow office/accessory 050096ZSM Kramer Levin use in cellar - 5th floor Borough President Marty Two Trees/EDC 110 Livingston Street, BK Allow 333-space public 050095ZSK Bryan Cave parking garage Markowitz approved on July 12, 2004 Comp. Care Mgm. Seneca Ave. Comp. Care Allow senior health care 050083ZSQ Kramer Levin on condition that employee day 1140 Seneca Ave., QN in M1-4D District care, ongoing community job out- Muss Development Prince's Point: Holton Ave., Decrease width of street; 870058CZSR Herrick, Feinstein Purdy Pl., Sequine, SI provide 3 parking spaces reach and a cultural community Verizon Wireless Richmondtown Wireless Modify height for a 050088ZSR Amato Assoc. facilities space were provided. The 3250 Richmond Ave., SI wireless communication bldg. Commission held its hearing on July OTHER ACTIONS 28th, a traffic presentation on August 80 South St. LLC 80 South St., MN Transfer 54,000 sq.ft. dev. 050106ZCM Stroock & Stroock rights for 74-story bldg. 25th, and approved on September 8, Lincoln Center Dev. Lincoln Ctr. 65th St. Project, Modify reference to 050098MMM Kramer Levin 2004. The Council’s hearing on the MN public place & bridge A.I. Boymeigreen 149-63 Beach St., QN Subdivide for 16, 050092ZCQ Stadtmauer Bailkin project is scheduled for October. 2-family homes Nat Amos 3637-41 Richmond Rd., SI Subdivide 1 lot into 4 050097ZCR L.Mandarino CPC Cal. Nos. 27-31 C030412 MMK (city Verizon Wireless Verizon Manopole, Modify topo for wireless 050089RAR Amato Assoc. map change), C030413 ZMK (map 3250 Richmond, SI communication facility amendment), C030414 ZSK (special per- Denny Pizzini Sweetbrook Rd., SI Modify topo for 2-family home 050101RAR Calvanico Assoc. mit for use), C030415 ZSK (special per- mit for height), N030416 ZAK(modify shuttle service from subway sta- economic development model. The waterfront controls) (September 8, 2004) tions in Downtown Brooklyn, Car- Commission stressed that the spe- (Red Hook Ikea: Ethan Goodman, Jesse roll Gardens and Park Slope; a free cial permit binds Ikea to the devel- Masyr, Ray Levin Wachtel and Masyr, for Ikea ferry from Lower Manhattan; opment configuration as presented, Ikea, James Bry, Lee Weintraub, Green- berg Farrow Architects). CITYADMIN and the extension of the existing including the waterfront park. In B61 bus line to the site from its cur- voting to approve, Chair Amanda rent terminus at Van Brunt and Burden, mentioned her work with CITY PLANNING COMMISSION Beard Streets. the Red Hook Community Justice Center, and stressed the importance Major Concession In unanimously approving the of job growth in Red Hook and Randall’s Island, Manhattan project, the Commission cited Ikea’s access to the waterfront open space. commitment to fund a workforce 26-acre water park approved development program, employ ULURP Process: The Commis- neighborhood residents and fund sion, as lead agency, issued a draft Water park concession awarded traffic modifications as a positive environmental impact statement to Aquatic Development Group. Parks and Randall’s Island Sports City Planning Comm. §197-c ULURP Certifications Foundation obtained approval of a

PROJECT DESCRIPTION COMMUNITY BD. ULURP NO. DATE 26-acre, indoor-outdoor water park on Randall’s Island. The water park Forbell Transitional Site selection & acquisition of 388 Forbell St. BK 5 040468PCK 9/7/2004 Residence for transitional residential homeless facility will include 18.7 acres of outdoor wave pools, slides and a circular Nueva Era Rezone from C8-3 & R6/C2-4 to R7-2/C2-4; BX 1 050060ZMX 9/7/2004 UDAAP designation & City property disposition; 050061HAX waterway, along with a 7.25-acre amend Melrose Urban Renewal Plan 050062HUX to develop 210 units of low-income housing M050075ZAX glass-roofed, indoor facility that will provide the same attractions during Carlos Lillo Park Amend map to close 20th Ave. between QN 1 030231MMQ 9/7/2004 76 St. and 21 Ave. to establish park cold weather. It will be the first urban

Jamaica NAACP Acquisition of 189-26 Linden Blvd. QN 12 040528PQQ 9/20/2004 water park in the United States. Day Care Center for continued day care use Approval of the water park required Rockaway Water Site selection & special permit for new QN 14 030247PCQ 9/20/2004 a major concession approval from Pollution Control administration building, parking and 030248ZSQ Plant electrical substation the Commission pursuant to Char- ter §197(c) and a determination of

6 Volume 1 CITYLAND October 15, 2004 consistency under the City and state dall’s Island Aquatic Center: Joshua 200-unit residential, mixed-use waterfront revitalization plan. Laird, for Parks; Richard J. Davis, Esq. development with a 327-space Following Parks’ 1998 Randall’s Weil Gotshal & Manges LLP, Aimee parking garage. The original design Island master plan, which included Boden, for Randall’s Island Sports had a 178-foot residential tower Foundation; Jared Brunnabend, Project the water park, the Economic fronting on Water and a 23 ft. height Manager, for EDC). CITYADMIN Development Corporation issued a at the Dock/Front corner, which is request for proposals for the water directly beneath the Brooklyn park’s construction and operation, CITY PLANNING COMMISSION Bridge spans. Three buildings would ultimately selecting Aquatic Devel- be demolished. One of these – 54 opment Group, Inc. The project site Special Permit/Rezoning Water Street – is within a landmark currently contains open space, 10 DUMBO, Brooklyn district on state and national regis- baseball diamonds and a 123-space ters. The project also involved the surface parking lot. The 10 dia- Residential tower approved rehabilitation of a vacant 4-story monds will be relocated, expanded to face Brooklyn Bridge brick building in the state and and improved as part of the master national historic district. plan. Parking for the water park and After significant redesign, The new building required a other new attractions will be Commission approves building zoning change to allow the residen- accommodated by construction of close to Brooklyn Bridge. Two Trees tial units and to increase the per- a 2,800-space parking facility Management Co., the developer mitted floor area from 66,778 to beneath the spans of the Tribor- often credited with the dramatic 217,030 sq.ft. It also required two ough Bridge. Free shuttles will taxi conversion and rebirth of special permits; one to modify people from the parking location to DUMBO, sought approval of a height, yard and setback, and a sec- the water park and the park’s other large project involving new con- ond to exceed a parking space limit new facilities. struction, a building conversion and eliminate the above ground At the Commission hearing, and demolition of a historic build- parking square footage from the EDC detailed the number of buses ing close to the suspended side permitted calculation of floor area. per weekend that leave Manhattan span of the Brooklyn Bridge. The The opposition at the Commis- heading for New Jersey’s suburban Commission approved after the sion hearing focused on the 178- water parks, and provided projec- building’s western portion was foot height in relation to - tions of the water park’s revenue. reduced to match the height of the lyn Bridge and to DUMBO’s four to Phillip Habib, the project traffic bridge’s roadway. six-story buildings. John Beyer of engineer, answered multiple ques- Two Trees sought approval of a Beyer Blinder Belle, the architect, tions from Commissioners Irwin Cantor and Angela Battaglia on the impact to Triborough Bridge traffic. The Commission approved the concession by a unanimous vote after receiving a written commit- ment of job outreach and ticket affordability. The Commission found that the project will provide Harlem and South Bronx residents with additional job opportunities and increase City revenue. ULURP Process: Parks, as lead agency, issued a negative declaration on April 23, 2004. On June 15th, Community Board 11 recommended approval and, on June 29th, Borough President C. Virginia Fields agreed. Following the August 11th public hearing, the Commission approved on September 8, 2004. Council must still vote on the Project. CPC Cal. No.33 C040459 MCM(major DUMBO building approved by the City Planning Commission. Printed with permission of Beyer Blinder Belle Architects & Planners, LLP. concession) (September 8, 2004) (Ran-

October 15, 2004 Volume 1 CITYLAND 7 stated that the correct context for facility); C 030492 ZSK (special permit for 8, 2004, the Commission approved the new building was the 200-foot 85 Water Street)(August 25, 2004), (38 a 493,646 sq.ft. mixed-use develop- buildings behind the site – 1 Main Water St.: Irving Gotbaum, Esq., Friedman ment containing 230 hotel rooms, and the Gair Buildings – and por- & Gotbaum LLP, for Two Trees; John Beyer, 100 residential units, office space, Laura Cheng, Beyer Blinder Belle Archi- trayed the design as “completing a retail space and a 369-space public tects & Planners LLP). CITYADMIN void in the existing skyline.” Donald parking garage. To achieve the size Elliot, former Chair of the Commis- and design, the developer, 1800 sion, testified in support, compli- CITY PLANNING COMMISSION LLC, sought a rezoning menting Two Trees on its “extraordi- of the project site to allow the hotel nary piece of private planning.” Special Permit/Rezoning and an increased floor area as well The Commissioners focused on Harlem, Manhattan as two special permits to allow the height, the historic building’s demoli- parking garage and modify height tion, and the potential cost of subter- Enrique Norten’s design and setback. Marriott International ranean parking. Two Trees’ Jed Walen- approved for Park and 125th would lease the hotel component. tas noted that the Planning Depart- ment had requested the public park- Commission approves iconic The project site, on the west ing for Brooklyn Bridge Park’s visitors. design for 518 foot mixed-use devel- side of Park Avenue at East 125th opment in Harlem. On September Street, is at a vital axis point of the With the western portion of the design closest to the Brooklyn Bridge reduced from 178 to 88 feet, the development was approved with only Commissioner Dolly Williams opposing. Because of the site’s irregular shape, the Commis- sion found that restricting the height to 80 feet would make devel- opment infeasible, while preserving the historic building would result in a taller building that would be inconsistent with DUMBO. ULURP Process: Two Trees released a draft environmental impact statement on March 24, 2004. On May 12, 2004, after two hearings on the project, Communi- ty Board 2 voted to disapprove, requesting that any development preserve 54 Water and enliven Front Street. On July 1, 2004, Borough President Marty Markowitz disap- proved unless the zoning restricted the building to 80 ft. On July 14, 2004, the Commission held a public hearing and voted to approve on August 25, 2004. The Council’s Land Use Zoning and Franchises Subcommittee held a public hearing on September 21, 2004, and scheduled a vote for October 5th. The Land Use Com- mittee and the full Council must still review the project. CPC Cal. Nos. 12 - 15, C 010645 ZMK (map amendment), C 0106460 ZSK (special per- mit for height, court, yard and setback); C Enrique Norten’s design of Harlem hotel. Printed with permission of TEN Arquitectos/MDA Designgroup. 010647 ZSK (special permit for parking

8 Volume 1 CITYLAND October 15, 2004 Central and East Harlem neighbor- tive declaration on May 10, 2004. The community group argued hoods and is immediately adjacent Community Board 11 voted 20 to 3 to that the shelter would exceed the to the MTA MetroNorth 125th Street approve if local and union job com- capacity limit of the certificate of station. The area is primarily resi- mitments were given and justifica- occupancy, and that the proposal of dential with mostly four to six-story tion for the height and apartments a shelter would violate use provi- residential buildings. The tallest was proven. On July 7, 2004, Borough sions of the zoning resolution building is 33-stories, located at 3rd President C. Virginia Fields condi- because the building should have Avenue and 123rd Street. tioned approval on the developer’s been classified as a “transient hotel”. The proposed new building, commitment to hire local minority BSA denied the appeal, ruling designed by Mexican architect and women-owned businesses. that the shelter did not meet the Enrique Norten of TEN Arquitec- The Commission held its hear- definition of “transient hotel” tos/MDA Designgroup, would have ing on July 28, 2004 and voted to under zoning, and noted that, if the a base building covering the full lot approve on September 8, 2004. community group was concerned area. At a 150 ft. height, the building Commissioners Dolly Williams, that the shelter was violating any would dramatically taper to a slim Irwin Cantor and Vice Chair Ken- applicable law, it could file a com- tower and rise to a 518-foot height. neth Knuckles recused. City Coun- plaint and an inspection request Terraces on each floor of the tower cil review is pending. with Buildings. would slightly differ in length from CPC Cal Nos. 34-36 C040443 ZMM BSA Cal. No. 140-04-A (September 14, floor to floor, creating a wave-like (map amendment); C040444 ZSM (spe- 2004) (Undisclosed location in Brooklyn). wall along the building edge. The cial permit for height/setback); CITYADMIN slim tower would front Park Avenue. C040445 ZSM (special permit for park- Retail would be located on the ing) (September 8, 2004) (Harlem Park street level along both Park and East Hotel: Michael Caridi, Majic Develop- BOARD OF STANDARDS 125th Street. ment Group LLC, Paul Travis, Washing- & APPEALS ton Square Partners, Development At the public hearing, the Advisor, Michael Bailkin, Stadtmauer Variance developer and Marriott stressed Bailkin Biggins LLC, for 1800 Park that Harlem currently has negligible Avenue LLC; Enrique Norten, Michael Jamaica, Queens hotel, conference and banquet Duddy, TEN Arquitectos/MDA Design- Variance approved in antici- spaces. Enrique Norten’s testimony group). CITYADMIN focused on the project’s ambition to pation of area rezoning provide Harlem with a signature Project includes affordable hous- structure. The community group, BOARD OF STANDARDS ing and commercial development. Civitas, spoke in opposition, & APPEALS Greater Allen Cathedral of New York requesting that the Commission and Allen AME Housing Corpora- wait until 125th Street was rezoned. Appeal tion sought to construct an afford- With a reduction in tower height Brooklyn able housing, mixed use commer- from 550 to 518 feet, a loss of two sto- cial/residential project in Jamaica ries, the Commission approved. BSA rebuffs appeal over domestic abuse shelter Queens, on Merrick Boulevard Most Commissioners related their directly across from the existing vote to the importance of providing Group claimed that shelter vio- Cathedral. The proposed four-story Harlem with a distinctive building. lated use limitations. A community development included 54-units of Commissioner Richard Eaddy noted group appealed Buildings’ issuance affordable housing, ground floor that, due to its distinctive design, the of a permit for alterations to a commercial, community facilities 518 ft. tower would not be a prece- Brooklyn building to accommodate space, and 53 parking spaces on a dent for other tall structures. The a domestic violence shelter. Prior to project site of 11 lots. Eight vacant rezoning, from C1-4 and C4-4 to C4- the appeal and after the issuance of commercial and residential build- 7, was determined to be appropriate the permit, several parties, includ- ings would be demolished to make because of the site’s excellent access ing the community group, sought way for the new building. The sites to transportation. In approving the an injunction in state court to pre- are currently zoned R3-2/C1-2, but special permit for the height, the vent the shelter from occupying the the Planning Department has pro- Commission found that an as-of- building and from performing the posed to rezone the sites to R6A in right building would result in a taller, permitted work. The court dis- 2005, as part of a comprehensive inefficient building and would fail to missed the complaint, finding that rezoning plan for Jamaica. create a signature design. the parties failed to exhaust admin- The Cathedral sought vari- ULURP Process: The Commis- istrative remedies. Thereafter the ances for the height, yard, setback, sion, as lead agency, issued a nega- group filed the BSA appeal. floor area, parking, loading, open

October 15, 2004 Volume 1 CITYLAND 9

space and the number of residen- space where it offers educational, immediate area. The Center, as a tial units in the proposed develop- athletic and counseling services to not-for-profit, was not required to ment. In its application, the Cathe- the Orthodox Jewish Community prove hardship. dral noted that the Department of and area residents. The location, City Planning’s proposed zoning 1901 Ocean Parkway, is primarily a BSA Cal. No. 206-04-BZ (September 14, would permit this development as- residential neighborhood of two 2004) (1901 Ocean Parkway: Howard A. Zipser, Esq., Stadtmauer Bailkin Biggins of-right and claimed that funding and three-story dwellings. LLC, for Sephardic Community Center). constraints made waiting until the In 1989 and 2000, the Center CITYADMIN 2005 rezoning prohibitive. received two additional variances BSA unanimously approved, permitting further expansion on finding demonstrated uniqueness two lots, but the expansion did BOARD OF STANDARDS in the site and its proximity to the not occur. Subsequently, the Cen- & APPEALS Cathedral, which allowed the ter received a $250,000 federal Cathedral to reduce building over- appropriation, shepherded by Variance sight costs. Senators Schumer and Clinton, Meatpacking District, Manhattan BSA Cal. No. 368-03-BZ (September 14, for its expansion and it acquired two additional contiguous lots. 2004)(110-42 Merrick Boulevard: Eric Comedy club gets Palatnik, P.C., for Allen AME Housing In its current variance request, 15-year approval Corporation). CITYADMIN the Center sought an expansion by 37,874 sq.ft., consisting of a 3,400 Comedy club to move into con- sq.ft. fourth story addition to the BOARD OF STANDARDS verted slaughterhouse. BSA approved existing building and a new 34,473 a use variance application allowing a & APPEALS sq.ft. building on the acquired lots. comedy club to move into 351 W. The expansion required seven vari- 14th at the intersection of Hudson Variance ance approvals to allow the design Street in Manhattan’s meatpacking Sheepshead Bay, Brooklyn to exceed permitted height, set- district. Currently, a four-story, 24- back, lot coverage and floor area, Sephardic Community unit apartment building with vacant and to provide less open space, side Center to double in size street retail space occupies the site. yards and rear yards. Even though The comedy club will move into the the zoning permitted only a 35-foot Variances will allow full-ser- vacant 7,915 sq.ft. retail space and height, the existing building was 50 vice early childhood/daycare center, increase its mezzanine by 1,345 sq.ft. teen lounge, senior adult center, ft. and the new four-story building would be 63 ft. The project site, a lot of 206 ft. in gyms and additional facilities. In depth, is split between two different The Center argued that the 1978, BSA granted variances to the zoning districts, one residential and new design would be more in con- Sephardic Community Center to one commercial. The proposed com- text with the area and would, in allow community facility use in an edy club (an eating and drinking fact, require a slightly smaller vari- R5 zoning district. The Center establishment) could locate legally in ance than the one approved in operates a 3-story, 42,495 sq.ft. the front 103 ft. of the building, which 2000. Several elected officials, is commercially zoned, but would be including Senators Clinton and an illegal use in the rear 47 ft. of the

Schumer,9TH ST wrote in support of the building, zoned R8B, hence the need 8TH STRE Center’s variance application. REET 7TH STRE for the variance. Schumer’s statement included a

ET OCEAN PARKWA The comedy club argued that a ET pledge of close to $2 million in fed- 5TH STRE eral funds to assist the Center. permitted use at the site would not

ET survive, explaining that a super- AVENUE S BSA unanimously approved, Y market failed due to the building’s finding the Center had demon- lack of storage, and other retail strated that it would be unable to users would reject the site because meet its needs without the vari- it lacked loading. BSA agreed, con- ances. Based in part on a site visit ditioning approval on installation of by Chair Srinivasan and Vice-Chair sound buffering. Babbar, BSA found that the new building would not be out of con- BSA Cal. No. 182-04-BZ (September 21, text, citing two 4-story buildings 2004)(351/53 W. 14th Street; Howard A. Project site of Sephardic Community Center on East 7th and Avenue S and Zipser, Esq., Stadtmauer Bailkin Biggins other community facilities in the LLC, for club). CITYADMIN

10 Volume 1 CITYLAND October 15, 2004 LANDMARKS PRESERVATION with the ULURP action to allow a ernment required that the City time frame of up to a year for Land- transfer the land to the Park Service. marks’ review. COMMISSION On February 2, 2003, Parks and Landmarks approved, condi- the Park Service began the process Binding Report tioning the decision on the Park of transferring the City-owned Riverside Park, Manhattan Service making substantial future property by two easements. The efforts to relocate the elevator and easements – totaling 41,210 sq.ft., Elevator at Grant’s Tomb with Chair Robert Tierney noting Pavilion approved located over the open air pavilion that the situation was unsatisfacto- west of the tomb and the plaza in ry. Commissioner Roberta Brandes front of the tomb – received Under threat of funding loss, Gratz expressed her resentment at Landmarks gives approval for eleva- approval by the Planning Commis- “having a gun put to [her] head” sion on June 23, 2004 and the City tor in Grant’s Tomb Pavilion. Land- with the threat of loss of funds. marks approved the design for an Council on August 12, 2004. The final certificate of appro- elevator installation at Grant’s Tomb priateness is pending approval of Pavilion, a City individual landmark. Council Res. No. 547 (August 12, 2004); final plans by Landmarks. The sought a CPC Cal. No.19, C 030331 MEM (Map Amendment)(June 23, 2004)(Grant’s certificate of appropriateness for the LPC Cal. No.25 Case No. 05- Tomb). CITYADMIN addition of a glass-walled elevator 1034 (Sept. 14, 2004). on the pavilion’s north side. The tomb, including the pavilion, is cur- CITYLAND Note: The retaining rently one of the few federal land- wall and monument of Grant’s Did you know... marks without restrooms and a visi- Tomb Pavilion are the property of Constructed in 1889-1891, Carnegie the federal government, but the Hall’s total construction cost was tor center. The elevator, part of an $1 Million. In 1986, its seven-month extensive renovation to the deterio- City owns the land in Riverside restoration cost $60 Million. rating landmark, was the only work Park. To make use of federal funds that required a Landmarks hearing. for the renovation, the federal gov- The remainder of the improve- ments, including stone replacement Landmarks Actions - September Hearings and structural repair, would be approved at staff level and would not FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS require a full hearing by Landmarks. ADDRESS LANDMARK HISTORIC DISTRICT DESCRIPTION CASE APP'D At Landmarks’ first hearing on SEPTEMBER 14, 2004 HEARING the application on September 14, 634 Hudson St., MN Greenwich Village HD Legalize role down gate 04-7168 Yes 2004, the Park Service told the 400 West 14th St., MN Gansevoort Market HD Alter storefront 05-1169 W/Mod 647 Hudson St., MN Gansevoort Market HD Install new storefront 05-1145 W/Mod Commissioners that their approval 200 Mercer St., MN NoHo HD Install chimney flutes 05-1069 Yes was required by September 26, 422-430 6th Ave., MN Greenwich Village HD Replace bulkheads, install canopy 05-0952 In part 2004 or the federal government 87 7th Ave., MN Greenwich Village HD Legalize rooftop addition 03-7712 Yes would redirect the federal funds for 44 West 17th St., MN Ladies' Mile HD Install new storefront 04-7140 W/Mod all of the pavilion’s renovation 1 Hanover Sq., MN Stone HD Install flagpoles 05-0302 Yes work. Members of the Historic Dis- 1217 Park Ave., MN Carnegie Hill HD New addition, facade alterations 05-1299 Yes tricts Council, Community Board 9 Riverside Dr. W. 122nd St., MN Riverside Park/Riverside Dr Install elevator 05-1034 Yes and other preservationists objected 3101 Kingsbridge Terrace, BX 40th Police Station House Construct additional floor 04-7729 Yes to the design and proposed a plan 460 Brielle Ave., SI Seaview Hospital HD Reconstruct walkway 05-0435 Yes for ramp-access. All of the speakers SEPTEMBER 21, 2004 HEARING voiced objection to the acutely 132 Montague St., MN Brooklyn Heights HD Install sign 04-6430 Yes 264, 266 Cumberland St., MN Fort Greene HD Rooftop & rear yard addition 04-8147 W/Mod tight time frame given by the Park 465 Broadway, MN SoHo - Cast Iron HD Amend permit for new building 05-1672 Yes Service for Landmarks’ considera- 494 Ave., MN Upper West Side/CPW HD Replace storefront 05-1239 Yes tion and stressed that the Park Ser- 1316 Madison Ave., MN Carnegie Hill HD Legalize canopy installation 04-7944 No vice had already undergone a relat- 137-139 Wooster St., MN Ladies' Mile HD Legalize flag poles, banners 05-0284 Yes ed one-year long ULURP process 926 Madison Ave., MN Upper East Side HD Legalize rolldown gate 04-7472 Yes for the pavilion work. That process 10 West 18th St., MN Ladies’ Mile HD Legalize security gate 03-7062 Yes began in February 2003, ending 95 Kent St., BK Greenpoint HD Facade alterations 05-0934 Yes with the City Council’s August 12, 141 Kane St., BK Cobble Hill HD Construct rear addition 04-6944 Yes 2004 approval. The speakers argued 598 7th St., BK Park Slope HD Legalize windows 04-7955 No that the Landmarks application 303 Grosvenor St., QN Douglaston HD Construct one-story addition 04-6948 Yes could have been filed in concert Bold indicates the decision is discussed in this issue

October 15, 2004 Volume 1 CITYLAND 11

Commission and the City Council. Designation List 356, LP-2144, LANDMARKS PRESERVATION September 21, 2004. COMMISSION

LANDMARKS PRESERVATION Permit Issued COMMISSION Upper West Side, Manhattan Pergola permitted; Permit Issued planters denied Upper West Side, Manhattan Master Plan for Central Park Owner, without a permit, had South Apartments installed a row of planters and pergola on mansard roof. 34 West Permit will remove inappropri- 74th Street is located in the Cen- ate changes made to Columbus Cir- tral Park West Historic District cle Landmark. On September 1, and the Central Park West-West 2004, Landmarks issued a master 73rd-74th Street Historic District. plan permit for the individual land- The structure is one of a row of mark, 240 Central Park South Apart- eighteen Georgian Revival style The Long Island NY Telephone Co. Building ments, located on an entire block- rowhouses with Beaux-Arts style face along Broadway and Columbus elements, designed by Percy Grif- Circle between West 58th and West fin and built in 1902. In 2002, after LANDMARKS PRESERVATION 59th. Central Park South Associates Landmarks issued a notice of vio- COMMISSION LLC, the owner, sought the master lation to 34 West 74th Street for plan to allow prospective changes to installing a row of planters and a pergola on the roof without a per- Designation the residential windows, courtyards and storefronts. mit, the items were removed and Downtown Brooklyn Landmarks approved, finding Landmarks rescinded the warn- the permit an important step ing. In 2004, the building owners Long Island New York applied to Landmarks for a permit Telephone Company towards the elimination of inappro- priate changes made prior to the to re-install both. On September 7, 2004 Landmarks granted the 101 Willoughby Street, Brooklyn. buildings’ landmark designation. permit to re-install the wood per- Built in 1929-30, the Art-Deco style The permit allows future changes, gola, but denied the application Long Island Headquarters of the New without additional hearings, so long to re-install the planters. York Telephone Co. served the as the work complies with several increasing telephone needs of a bur- montages and renderings submit- Landmarks found that the geoning Brooklyn. Designed by the ted and approved by Landmarks. natural-finish wood pergola, prominent New York City architect which would be secured to a Central Park South Apartments, 240 chimney on the eastern side of Ralph Walker, Landmarks noted that Central Park South, COFA# 04-6412 the roof, would not detract from its rich orange horizontal brick pat- (September 1, 2004). CITYADMIN terns, intricate metal work and series the appearance of the building, of dramatic setbacks make it an its mansard roof or the row of COLUMBUS CENTRAL PARK houses on the block. The pergola, exceptional example of Art-Deco CIRCLE application to an office skyscraper an arbor or trellis framework that design. Chair Robert Tierney noted supports climbing plants, is a fea- CENTRAL that the current owner, Verizon New ture often seen on rooftops with- PARK SOU York, Inc., supported the designation in the two Historic Districts. The and the Commission commended TH row of planters extending the full Verizon’s upkeep. Voting to approve length of the building, however, its Landmark designation, Commis-8TH AVENUE 58TH STR significantly changed the appear- sioner Meredith Kane voiced the EET ance of the mansard roof. Land- marks found it stood out against importance of the designation in light BROADWAY of the City’s plan for the “massive re- the skyline in a way that drew 7TH AVENUE growth of Brooklyn’s downtown.” 57TH STR undue attention. Review of this designation is EET 34 West 74th Street, Manhattan, COFA # 240 Central Park South Apartments pending before the City Planning 05-1321 (Sept. 7, 2004). CITYADMIN

12 Volume 1 CITYLAND October 15, 2004 acclaimed work of art regarded as hood Association filed an article the gateway to SoHo, and that its 78 petition to prevent the Sep- removal would adversely change tember 23, 2004 public hearing on the District’s historic character. the West Side’s No. 7 Subway The decision noted that Forrest extension and Hudson Yards Myers was one of the pioneer rezoning and development pro- artists that had transformed Soho ject. The Association claimed that into a recognized center of con- the Metropolitan Transit Authori- temporary art. ty and the Planning Commission, The owner of 599 Broadway lead agencies for the required then sued the City in federal court, environmental review, had sub- raising several State and Federal mitted an incomplete draft envi- constitutional claims. Judge Debo- ronmental impact statement and, rah A. Batts upheld Landmarks’ as a result, prevented the Associa- determination, ordering 599 tion from meaningful participa- Broadway to restore the artwork to tion at the public hearing. the northern wall. The court dis- According to the Association, the missed the First Amendment draft environmental impact state- claims, finding that Landmarks’ ment offers the only opportunity determination was not an infringe- for public comment on the envi- Forrest Myer’s The Wall at 599 Broadway ment on free speech because it was ronmental impacts of the project content neutral, the City’s interest and, since it lacked important COURT DECISIONS in aesthetics was unrelated to information, it could not form the speech, and Landmarks’ methods basis for public review. Landmarks were not unnecessarily burden- Justice Herman Cahn denied the petition, ruling that the Asso- Soho-Cast Iron District, Manhattan some. The court also dismissed the equal protection claim, finding ciation had not yet suffered an Artwork on landmarked that, although there were three injury or exhausted its adminis- building stays murals in the historic district, trative remedies. Final approval Landmarks had detailed several had not yet occurred and the Owner of 599 Broadway reasons for treating the Forrest Association could voice its con- applied to Landmarks for permis- Myers three-dimensional structure cerns and objections at the sched- sion to remove three-dimensional differently from the murals. uled hearing. The court found structure on wall. In 1973, a three- The court did not dismiss the that if after the hearings the Plan- dimensional structure created by Fifth Amendment takings claim ning Commission did not issue a artist Forrest Myers was bolted to because there was still a question sufficiently detailed final environ- outside support braces on the about who owned the artwork. mental impact statement, the northern wall of 599 Broadway, This action is still pending. Association could then petition within the newly designated the court. SoHo-Cast Iron Historical District, Bd. of Managers of SoHo International at the intersection of Houston and Arts Condominium v. City of New York, Hell’s Kitchen Neighborhood Ass’n v. Dep’t of City Planning, N.Y.L.J., Sept. 27, Broadway. In 1997, after an engi- N.Y.L.J., Sept. 10, 2004 at 20 (S.D.N.Y.) 2004 at 18 (N.Y.Cty.Sup.Ct.) (Cahn, J.). neer recommended that the (Batts, J.) (Attorneys: Jeffrey L. Braun, for northern wall’s braces, upon owners; Michael A. Cardozo, Gabriel Taussig, Virginia Waters, for NYC). which the artwork was bolted, be CITYADMIN internalized, the owner applied to Decisions on www.citylaw.org Landmarks for a certificate of COURT DECISIONS AGENCY NUMBER OF YEARS appropriateness to remove the art- NAME DECISIONS AVAILABLE work permanently. City Planning Commission BSA 1,310 2002-Present In October 2000, following Hudson Yards, Manhattan Council 710 2002-Present public testimony from the owner, CPC 242 2003-Present the owner’s engineer, Forrest Draft EIS adequate DOB 61 1999-Present Myers, the Director of PS1 and the for public review art critic Eleanor Hartley, Land- Landmarks 813 2003-Present marks unanimously denied the West siders sought to prevent Loft Board 1,156 1996-Present application. Landmarks found that public hearing on Hudson Yards CITYADMIN indicates a decision is available at citylaw.org the structure was a highly Project. Hell’s Kitchen Neighbor-

October 15, 2004 Volume 1 CITYLAND 13

Decisions Added to www.citylaw.org – September 2004

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 573-74 200 Chambers St., MN UDAAP; special permit 9/9/2004 575 230 Hull St., BK UDAAP 9/9/2004 576 2101 Fulton St., BK UDAAP 9/9/2004 577 223A Monroe St., BK UDAAP 9/9/2004 578 256 West 121st St., MN UDAAP 9/9/2004 579 Wilbraham, MN Landmark 9/9/2004 580-81 Southern Great Kills; Great Kills, SI Map amendment 9/9/2004 582 136-140-146 Sunnyside Ave., BK UDAAP 9/9/2004 583 Avenue H Station House, BK Landmark 9/9/2004 586 Community Facilities, Citywide Text amendment 9/9/2004 598 East 4th St. Cultural District, MN UDAAP 9/28/2004 599 75 West 131st St., MN UDAAP 9/28/2004 600 43 Melrose Commons, BX UDAAP 9/28/2004 601 246 West 116th St., MN UDAAP 9/28/2004 602 Hecla Iron Works Building, BK Landmark 9/28/2004 603 Brookville, QN Map amendment 9/28/2004 604 Randall Ave., BX UDAAP 9/28/2004 605 St. Paul's Ave.-Stapleton Heights, SI Historic District 9/28/2004 606 131 MacDougal St. House, MN Landmark 9/28/2004 607 129 MacDougal St. House, MN Landmark 9/28/2004 608 127 MacDougal St. House, MN Landmark 9/28/2004 609 Van Cortlandt Village, BX Map amendment 9/28/2004 610 Central Riverdale, Spuyten Duyvil, BX Map amendment 9/28/2004 611-14 Throgs Neck, BX Text; map amendment 9/28/2004 615 NY/NJ Telephone and Telegraph Building, BK Landmark 9/28/2004 616-17 226 Franklin St., BK Text; map amendment 9/28/2004 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION COMM. BD. ULURP # DATE Harlem Park Hotel Map amendment; special permits MN 11 C040443ZMM; 9/8/2004 C040444ZSM; C040445ZSM Odyssey House UDAAP,50 units low-income housing MN 11 C040438HAM 9/8/2004 Randall’s Island Aquatic Center Major concession for waterpark MN 11 C040459MCM 9/8/2004 Sign Text Increase sign projection to 4.6' MN 4, 5, 7 N040467ZRM 9/8/2004 Red Hook Ikea City map, text and map amendments; BK 6 C030412MMK; 9/8/2004 special permits (use/ht./setback) C030413ZMK; C030414ZSK; C030415ZSK; C030416ZAK Beatrice Catullo Houses UDAAP,83 units for senior citizens BX 10 N040229HAX 9/8/2004 Central Riverdale/Spuyten Duyvil Map amendments BX 8 C040515ZMX 9/8/2004 Courtlandt Avenue Apartments UDAAP,167 units low-income housing BX 1 C040521HAX 9/8/2004 Van Cortlandt Village Map amendment BX 8 C040516ZMX 9/8/2004 Jamaica Hill Rezoning Map amendment QN 8 C040492ZMQ 9/8/2004 Logan Bus Company Disposition of city-owned property QN 13 C040309PPQ 9/8/2004 Quick International Courier Disposition of city-owned property QN 13 C040310PPQ 9/8/2004 Water Street Map amendment; BK 2 C010645ZMK; 8/25/2004 special permits (ht./parking, use) C010646ZSK; C010647ZSK; C030492ZSK 226 Franklin Street Map amendment; text amendment BK 1 C010384ZMK; 8/25/2004 C040137ZRK 1063 Flushing Avenue Disposition of city-owned property BK 1 C040096PPK 8/25/2004 Throgs Neck Rezoning Map amendments; BX 10 C040479ZMX; 8/25/2004 text amendments N040480ZRX; N040481ZRY; N040482ZRX Parkview Commons UDAAP,109 units low-income housing BX 3 C040456HAX 8/25/2004 Brookville Rezoning Map amendments QN 13 C040446ZMQ 8/25/2004 St. Paul's Ave.- Stapleton Heights Historic District designation SI 1 N050011HKR 8/25/2004 Bold indicates the decision is discussed in this issue

14 Volume 1 CITYLAND October 15, 2004 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 343 W. 16th St., MN variance for residential building (FAR, unit #) App'd 341-03-BZ Sheldon Lobel, P.C. 217 W. 20th St., MN revoke cert. of occup. for illegal (eating/drink est.) App'd 131-04-A NYC Buildings Dept. 243 W. 30th St., MN legalize conversion of 1,884 sq.ft. storage area to spa App'd 4-00-BZ Agusta & Ross 541 Lexington Ave., MN increase hotel gym from 8,000 to 21,000 sq.ft. App'd 62-99-BZ Jay A. Segal, Esq. 351/53 West 14th St., MN variance (use) for comedy club App'd 182-04-BZ Howard A. Zipser, Esq. 1217 E. 233rd St., BX reestablish expired variance for gas station/store App'd 19-04-BZ Maduakolam Nnabuihe 1824 Bronxdale Ave., BX variance (lot, yard) for community facility App'd 184-04-BZ Robert Piscioneri, R.A. 44 Pennyfield Ave., BX permit 2-family dwellings within bed of mapped st. App'd 244-04-A Sheldon Lobel, P.C. 1901 Ocean Parkway, BK variance (FAR, yard, height) for community facility App'd 206-04-BZ Howard A. Zipser, Esq. 177 Norfolk St., BK enlarge 1-family home not compliant with FAR, yard App'd 4-04-BZ Eric Palatnik, P.C. 1264 E. 27th St., BK enlarge 1-family home not compliant with FAR, yard App'd 42-04-BZ Frederick Becker, Esq. 427 Logan St., BK 8 related variances (28-04-BZ thru 35-04-BZ) App'd 28-04-BZ Steven Sinacori, Esq. Undisclosed, BK appeal to revoke permit for domestic abuse shelter Denied 140-04-A 110-42 Merrick Blvd, QN variance to permit mixed use (affordable housing) App'd 368-03-BZ Eric Palatnik, P.C. 10 Irving Walk, QN enlarge 1-family dwelling not fronting on mapped st. App'd 18-04-A Robert Miller 634 Bayside Ave., QN enlarge 1-family dwelling not fronting on mapped st. App'd 21-04-A Zygmunt Staszewski, P.E. 39th Ave., QN 3 related variances (50-04 A thru 52-04-A) App'd 50-04-A Joseph P.Morsellino 4 Marion Walk, QN enlarge 1-family dwelling not fronting on mapped st. App'd 155-04-A Walter T. Gorman, P.E. 265 -07 Hillside Ave., QN extension of use variance (10 yrs) for barber shop App'd 20-83-BZ Sheldon Lobel, P.C. 3333 Hyland Blvd., SI increase occupancy of use variance for restaurant App'd 125-92-BZ Rampulla Assoc. Arch. 2071 Victory Blvd., SI permit convenience store in gas station App'd 519-57-BZ Carl A. Sulfaro, Esq. LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP'D ISSUED CERTIFICATE OF APPROPRIATENESS 177-79 Duane St., MN Tribeca West Historic District Replace vault covers 05-1669 Yes 9/3/2004 361 Greenwich St., MN Tribeca West Historic District Add rooftop addition 2004-7556 Yes 9/14/2004 594 Broadway, MN Soho Cast Iron Historic District New storefront; signage 05-1214 Yes 9/7/2004 634 Hudson St., MN Greenwich Village Historic District Legalize roll down gates 04-8169 Yes 9/14/2004 39 E. 74th St., MN UES Historic District Alter glass facade; sidewalk 04-5234 Yes 9/10/2004 12 W. 72nd St., MN UWS/Central Park West Hist. Dist. Install bronze/glass entrance 05-1936 Yes 9/15/2004 34 W. 74th St., MN UWS/Central Park West Hist. Dist. Legalize covered pergola on roof 04-6805 Yes 9/7/2004 38-42 W. 90th St., MN UWS/Central Park West Hist. Dist. Replace windows 04-5830 Yes 9/13/2004 22-42 W. 91st St., MN UWS/Central Park West Hist. Dist. Replace windows 04-6238 Yes 9/13/2004 64-70 W. 91st St., MN UWS/Central Park West Hist. Dist. Replace windows 04-5828 Yes 9/13/2004 259 Forest Road, QN Douglaston Historic District Alter roofline; change windows 05-1744 Yes 9/8/2004 83-10 35th Ave., QN Jackson Heights Historic District Remove fence, install iron gate 04-1851 Yes 9/7/2004 BINDING REPORTS 48-54 W. 94th St., MN UWS/Central Park West Hist. Dist. To City Council; change windows 04-0082 Yes 9/13/2004 MASTER PLANS 240 Central Park South, MN Landmark - Mayer & Whittlesey Alter storefront, windows 04-6412 Yes 9/1/2004 *Indicates that the decision is discussed in this issue Buildings Permits for Projects over $2,000,000 - September 2004

BUSINESS OWNER SITE INITIAL PROJECT COSTS DESCRIPTION APPROVED Brothers of Sacred Heart 71-06 31st Ave., QN $2,800,000.00 Proposed new classroom Pending Montefiore Med. Ctr. 111 E. 210 St., BX $15,200,000 Modify plumbing/sprinkler Pending Montefiore Med. Ctr. 111 E. 210 St., BX $12,400,000 Rearrange interior walls Pending Windmill 3333 Henry Hudson, BX $5,555,000 Replace balcony 9/22/2004 Montefiore Med. Ctr. 1811 Eastchester, BX $4,061,000 Rearrange interior walls Pending Montefiore Med. Ctr. 111 E. 210 St., BX $4,000,000 Upgrade fire-alarm system Pending Montefiore Med. Ctr. 1811 Eastchester, BX $3,536,300 Modify plumbing/sprinkler Pending Montefiore Med. Ctr. 1811 Eastchester, BX $3,500,000 Modify plumbing/sprinkler Pending UNFCU 24-01 82nd, QN $3,140,000 Excavation/foundation Pending Montefiore Med. Ctr. 111 E. 210 St., BX $3,041,000 Upgrade fire-alarm system Pending NY Times 1 NY Times Plaza, QN $3,000,000 Install grade beams Pending Not Available 126-02 82nd Ave., QN $2,700,000 Modify plumbing/sprinkler Pending Montefiore Med. Ctr. 170 E. Gun Hill, BX $2,190,000 Modify plumbing/sprinkler Pending Montefiore Med. Ctr. 111 E. 210 St., BX $2,000,000 Interior alterations Pending Bold indicates the decision is discussed in this issue

October 15, 2004 Volume 1 CITYLAND 15 Central Riverdale/Spuyten Duyvil, Proposed Rezoning, used with permission of The Center for New York City Law the NYC Department of City Planning. See page 4 for the full story. R4 P ERIODICALS New York Law School POSTA GE 47 Worth Street PAID R4 New York NY 10013-2960 NEW YORK, NY

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