CITYLAND

SEPTEMBER 15, 2007 center for city law VOLUME 4, NUMBER 8

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n RezoningRezoning AArearea InternationalInternational e AirportAirport R3XR3X E. AV D 1 Revitalize Jamaica ...... 117 BBROOKLYNR O O K L Y N N LA 9 GH R7AR7A 0 HI R6AR6A T High Line garage approved . . . . .119 H R4-1R4-1 S R7XR7X T AtlanticAtlantic OceanOcean . R6AR6A R5DR5D

F M1-2M1-2 AAR R CITY PLANNING COMMISSION V . R7AR7A M A D E H H R T R 87T 87 C4-5XC4-5X R4R4 R5R5 S

C B Solow plan off to hearings . . . . .120 4 C4-4AC4-4A L - R3AR3A VVD 3 R6AR6A C6-2C6-2 M1-1M1-1 A D Basketball City relocation ...... 120 R7AR7A . R5R5 R5BR5B A Sunnyside proposal ...... 121 R6AR6A C6-3C6-3 Hunts Point BID approved . . . . .122 C6-2C6-2 V C4-4AC4-4A R4-1R4-1 A C6-4C6-4 N R5DR5D Upper West Side down-zoning . .122 E. W C6-3C6-3 M AV 1 - M1-4M1-4 Y 1 R5DR5D TTHH C C4-5XC4-5X 10 K R5R5 R5R5 1

E C4-5XC4-5X X 1 P 7 BOARD OF STANDARDS & APPEALS 2 Y . N . R6AR6A R4-1R4-1 E D R5R5 V 1 . A 6 S E H 9 R5R5 R5DR5D V.V T T W A 9 S A H 10 . DOB’s cell phone rule OK’d . . . . .123 L 8T T Legend . T 1100 . E. E H V V A A Proposed Zoning District A M ES FDNY & Boro. Pres. join forces . 123 H SST R T T AY Special Jamaica District 5 . S

Location Map used with permission of the Department of City Plan- York used with permission of the New Location Map ning. All rights reserved. 005 A Chelsea hotel ...... 124 1 The Jamaica Plan: Proposed Zoning with City Council Modifications, subject to adoption by the City LANDMARKS Council by September 19, 2007, used with permission of the New York City Department of City Plan- ning. All rights reserved. New South St. Seaport bldg. . . . .125 15-story bldg. approved ...... 125 WPA-era pool, a city landmark .126 CITY COUNCIL hubs. Once a significant shopping and business center, downtown ECONOMIC DEVELOPMENT CORP. Jamaica began to decline in the Rezoning Congestion pricing ...... 126 early 1960s as automobile use Jamaica, Firehouse sale ...... 127 increased and auto-accessible shopping centers in Long Island NYPD Jamaica rezoning approved with modifications replaced it. The area then began Bronx 911 Center ...... 127 to fall into neglect, and for years Largest rezoning undertaken by City the only development came from COURT DECISIONS sent back to Commission for final government-funded construction projects like the JFK Air Train Sta- BSA loses 7-year battle ...... 127 approval. The City Council tion and the Archer Avenue Sub- Zoning not enough to evict . . . . .128 approved, with several significant way extension. Even with such sig- Court refuses to alter zoning . . . .128 modifications, the Planning Com- mission’s proposal to rezone 378 nificant government projects, CITYLAND PROFILE blocks in Jamaica, Queens. The vacant and derelict parcels remained and discouraged private Bruce Schaller ...... Council’s modifications must now go to the Planning Commission for investment. When City Planning CHARTS final approval. started its rezoning study, it found the existing zoning in downtown DCP Pipeline ...... 121 The Jamaica Plan, considered Jamaica to be extremely restrictive ULURP Pipeline ...... 123 the largest comprehensive rezon- for an area so well-served by public BSA Pipeline ...... 124 ing plan proposed by the City, grew transportation. Landmarks Actions ...... 126 from pressure on the City by Landmarks Pipeline ...... 125 Queens Community Boards 8 and City Planning’s rezoning pro- Citylaw.org New Decisions . . .130-1 12 to revitalize the area, one of posal sought to encourage develop- Queens’ most significant transit ment by up-zon- (cont’d on page 119)

September 15, 2007 Volume 4 CITYLAND 117 COMMENTARY Construction Comes to New York Law School New York City’s building boom arrived at New York Law School this summer. From my office window I watched the surprisingly fast demolition of what had been New York Law School’s Mendik Library at the corner of Church and Leonard Streets. The Law School sold the site to a developer who plans to build a tow- ering condo on the former Library site. Workers, starting in June, pulverized the concrete floors of the four- story, steel frame building into stones and dust, after which welders cut the steel frame into manageable, short beams, all of which they hauled off to distant, unknown locations for recycling or burial. Then a large crane appeared and drove test piles with thundering hammer blows. All was not perfect however. The crane got stuck and could not pull itself out from what had been the Mendik Library’s basement stack area which had previously housed West’s national reporter series. For two days workers coaxed and cursed, but the machine would not budge. Finally, with the assistance of a huge tow truck, the machine coughed its way to street level, climbed on the back of a long flatbed truck and disappeared up Church Street. As I write this, New York Law School is nervously awaiting the driving of the actual supporting piles for the new, 60-story tower. We are informed that the pile driving could take months of constant hammering. Those of us with windows directly over the site expect the worst. But for now it is quiet. I was contemplating this last week standing by my window overlooking the site, when I noticed a few black mice running about. Then, suddenly, a sharp-shinned hawk flew over the site, circled once, and landed on a post to wait for the re-appearance of a mouse. One did appear, but ducked quickly back into the rubble. The hawk remained motionless. For the next twenty minutes the hawk wait- ed, the mouse hid, and I stood by my window. None of us moved from our perch. Finally the hawk tired and flew off, I went home, and the mouse has not been seen since. The pile driving will start around September 15th. I will deal, but I wonder how the mice and the hawk will manage. Ross Sandler CITYLAND

Ross Sandler Wessel Graphics Jesse Denno Executive Editor and Director, Design Director Staff Writer The Center expresses appreciation to the individu- Center for New York City Law Publication Prod. Assistant Sami Y. Naim als and foundations supporting the Center and its Melanie Cash ’02 Associate Editor, CityLand Caitlin Hannon work: The Steven and Sheila Aresty Foundation, Associate Director Subscription Coordinator Managing Editor Shlomit Aroubas ’07 The Robert Sterling Clark Foundation, Fund for Jonathan Reingold ’07 Clinton N. Daggan ’09 Molly Brennan William Vidal ’07 Caitlin Walsh ’08 the City of New York, The Horace W. Goldsmith Editor, CityLand Fellows in New York City Law Harlan Scholar Interns Foundation, The Murray Goodgold Foundation, CITYLAND ADVISORY BOARD Jerry Gottesman, The Marc Haas Foundations, The Prospect Hill Foundation, and The Revson Kent Barwick Howard Goldman Carol E. Rosenthal Foundation. Andrew Berman David Karnovsky Michael T. Sillerman Albert K. Butzel Ross Moskowitz ’84 Paul D. Selver CITYLAN D (ISSN 1551-711X) is published 11 times Frank Munger a year by the Center for New York City Law at New York Law School, 57 Worth St., New York City, New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mail: [email protected], website: www.city- Stanley S. Shuman, Eric Hatzimemos ’92 Steven M. Polan law.org © Center for New York City Law, 2007. All Chair Michael D. Hess Norman Redlich rights reserved. Printed on recycled paper. Maps Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Joseph B. Rose presented in CITYLAND are from Map-PLUTO Sheila Aresty ’94 William F. Kuntz II Ernst H. Rosenberger ’58 copyrighted by the New York City Department of Harold Baer, Jr. Eric Lane Rose Luttan Rubin City Planning. City Landmarks and Historic Dis- David R. Baker Randy M. Mastro tricts printed with permission of New York City Anthony Coles Frederick P. Schaffer Richard Matasar Landmarks Preservation Commission. Edward N. Costikyan Frederick A.O. Schwarz, Jr. Paul A. Crotty Robert J. McGuire O. Peter Sherwood POSTMASTER: Send address changes to Richard J. Davis Francis McArdle Edward Wallace CITYLAND , 57 Worth Street, New York, New York Michael B. Gerrard John D. McMahon ’76 Richard M. Weinberg 10013-2960. Periodicals postage paid at New York, Judah Gribetz Thomas L. McMahon ’83 Peter L. Zimroth New York. Kathleen Grimm ’80 Gary P. Naftalis James D. Zirin

118 Volume 4 CITYLAND September 15, 2007 ing downtown Jamaica’s core, and the size of permitted manufactur- ice facilities, and a public restroom. to protect established residential ing and light industrial develop- Related further agreed to complete blocks by down-zoning the St. ment (M1-1 to M1-2). construction of the amenities by the Alban’s, Hollis, Briarwood, Jamaica The modified plan now waits end of 2007, the anticipated com- Estates, Jamaica Hill and South for the Commission’s final okay. pletion date for a portion of the Jamaica areas. Along with the 368- ULURP Process: High Line park. block rezoning, the plan’s seven Lead Agency: CPC, FEIS Related’s development, which linked applications included text Zoning Map Amendment will contain 478 luxury apartments amendments to create zoning rules QN 8, Den’d, 36-0-0 and 17,000 sq.ft. of commercial to foster development of a down- QN 12, No vote taken space, including an Equinox gym, town Jamaica shopping district and Boro. Pres.: App’d Boro. Bd.: No vote would have permitted construction to apply the City’s inclusionary of an accessory 100-space parking Text Amendment housing program to 70 blocks in garage as-of-right. Instead, Related downtown Jamaica and along Hill- QN 12, App’d, 17-16-2 Boro. Pres.: App’d proposed to increase the number of side Avenue from 139th to 191st spaces to 210 and to restrict use to Streets, the largest application of Urban Renewal Plan the building’s occupants. To sup- inclusionary housing outside of QN 12, Den’d, 20-12-3 Boro. Pres.: App’d port its plan, Related pointed to the Manhattan. The plan also called for project’s traffic study, which was the creation of an urban renewal Disposition of Property QN 12, No vote taken based on census data showing that area to allow the City to take proper- Boro. Pres.: App’d high-income Manhattan residents ty by eminent domain to achieve Jamaica’s revitalization. The urban Council: The Jamaica Plan (Aug. 22, have a higher incidence of car own- renewal plan would apply to 2007). ership. The study concluded that three blocks near the new JFK the development would increase AirTran/LIRR station. CITY COUNCIL parking demand to 210 spaces When it approved the plan in because of the projected high sale July, the Planning Commission price of the building’s units. Special Permit modified the text and map amend- Community Board 4 unani- ments to address residents’ com- Chelsea, Manhattan mously opposed any increase above plaints about abrupt transitions Luxury apts. near High Line the 100 spaces. When Related’s pro- from high to low-density zoning get parking approval posal reached the Council’s Sub- districts. The Commission’s modifi- committee on Zoning & Franchises, cations created new text to require Related Companies obtained Coun- its Chair, Council Member Tony that buildings located within 25 feet cil okay for 210-space garage despite Avella, explained that Speaker of a lower density district be limited Comm. Bd. opposition. On August Christine Quinn supported the in height to 35 feet and provide an 22, 2007, the City Council eight-foot buffer between the new approved Related Compa- development and the lower-density nies’ special permit appli- district line. cation for a 210-space The Council further modified accessory parking garage to the plan by proposing different zon- be located within a mixed- ing designations along most of Hill- use development that side Avenue and within the manu- Related is constructing at facturing-zoned area adjacent to 450 West 17th Street, adja- the LIRR right-of-way. The original cent to the High Line. plan proposed to rezone most of The project received Hillside Avenue to high-density R7X one of the first High Line and R7A districts. The Council Improvement floor area instead proposed lower density dis- bonuses, allowing Related tricts (R6A and R7A), slightly to increase the devel- decreasing the size of as-of-right opment’s size by 160,775 development. In another change, sq.ft. to 440,937 sq.ft. In the Council voted to retain existing exchange, Related agreed to zoning near the LIRR right-of-way, construct public amenities rather than accept City Planning’s for the High Line, including Council approves Related Companies’ 210-space parking garage for the Caledonia, its luxury apartment building proposal to change the manufac- a public stairway, an eleva- next to the High Line. Image: Handel Architects. turing zoning to allow an increase in tor, Parks Department serv-

September 15, 2007 Volume 4 CITYLAND 119 project since Related agreed to sites along Manhattan’s East Side. dential plaza, and certifications for record a restriction on the property Solow’s plan will now go to Manhat- the proposed retail and curb cuts. and install signage restricting use tan Community Board 6 for a public Board 6 has scheduled its hear- to the building’s residents and hearing and vote. ing for September 20, 2007 and has Equinox members. Following Avel- Solow proposes to rezone the until October 19th to vote. The la’s comments, the subcommittee former Con Edison site, which runs board has a competing 197-a plan voted to approve, sending it to the along First Avenue from East 38th to for the former Con Ed site, which Land Use Committee and the full East 41st Streets, to develop six the Planning Commission is hold- Council, which both approved. buildings including a 69-story resi- ing for a final vote until Solow’s plan dential tower at 685 First Avenue reaches the Commission. ULURP Process: Lead Agency: CPC, Neg. Dec. and three primarily residential buildings of 57 to 66 stories at 700 CPC: Realty Company and Comm. Bd.: MN 4, Den’d, 39-0-0 First Avenue Properties Development, Boro. Pres.: App’d First Avenue. A 45-story commercial Application Nos. 070529 – 070538 (685 CPC: App’d, 11-0-0 building with 1.3 million sq.ft. of First Avenue); 070522-070528 (616 First office space would occupy the Council: 450 West 17th Street Garage Avenue) (Aug. 20, 2007) (Kramer Levin, (Aug. 22, 2007); CPC: 450 West 17th remainder of the site at 708 First for Solow). Street Garage (C 060341 ZSM) (July 11, Avenue. Overall, the development 2007) (Jerald Johnson, for Related). would create 3,343 new apartments CITYADMIN and 59,140 sq.ft. of retail space. Con CITY PLANNING COMMISSION Ed will maintain its existing substa- tion on a portion of the site at 685 Disposition of City Property First Avenue. CITY PLANNING COMMISSION Lower Manhattan Solow also proposes to rezone Certification the full city block at 616 First Basketball City to build six Avenue, between East 35th and East courts on part of Pier 36 Murray Hill, Manhattan 36th Streets and the FDR Drive, Solow’s Con Ed-site plan from manufacturing to commercial City to lease portion of East River starts public review zoning. The development plan for pier that had housed an OEM facili- the site includes two mixed-use ty. The Department of Small Busi- Proposal covers one of the largest buildings of 37 and 47 stories with ness Services proposed to lease development sites in Manhattan. On up to 830 apartments. to Basketball City, LLC a 64,000- August 20, 2007, the Planning Com- Along with the rezoning appli- square-foot portion of the one-story mission launched public considera- cations, the plan requires amend- shed building located on Pier 36 tion of the 17 linked applications of ments to the zoning text, special per- along the East River, at the base of developer Solow Properties for mits for parking garages and a resi- Montgomery and South Streets. In 2006, plans for the Hudson River Park forced Basketball City to vacate its former location on Pier 63 along the Hudson River at West 23rd Street. The plan caused great con- troversy at the time when school groups and local officials sought the Hudson River Park Trust’s agree- ment to stop or at least delay the loss of Basketball City’s facility. Basketball City would convert the shed building into six indoor basketball courts, locker rooms, and 75 at-grade parking spaces. The Department of Sanitation, the NYPD, the FDNY and the Office of Emergency Management currently occupy portions of Pier 36. Under the proposal, OEM would vacate its space to make way for the indoor Solow’s proposed 69-story residential tower will share this 685 First Avenue site with an active Con Ed basketball facility; the other City substation. Photo: Jonathan Reingold. uses would remain.

120 Volume 4 CITYLAND September 15, 2007 The lease to Basketball City CITY PLANNING PIPELINE triggered requirements under the zoning code necessitating a 60,625- square-foot public waterfront New Applications Filed with DCP — August 1 – 31, 2007 access space. Instead, Basketball APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE City proposed a 15,600-square-foot ZONING TEXT AND MAP AMENDMENTS waterfront viewing area, arguing St. Luke's Roosevelt 100 Amsterdam, MN Modify res. decl. 080062ZMM Kramer Levin that the waterfront access require- W. 129th St. Realty W. 129th St., MN Rezone (res. bldg.) 080039ZMM Kramer Levin ment was infeasible and inappli- Civita Housing Bruckner Blvd., BX Rezone (mixed-use bldg.) 080053ZMX Thelen Reid cable since it would only lease a DCP Sunnyside Gardens, QN Text change (FAR, ht., yard) 080052ZRQ DCP 64,000-square-foot portion of the Forest Hills, LLC 72nd Rd., QN Rezone (mixed-use bldg.) 080071ZMQ J. Morsellino pier. Community Board 3 opposed SPECIAL PERMITS/OTHER ACTIONS the plan, seeking the City’s agree- LPC 486 Greenwich St., MN Landmark (486 Greenwich St. House) 080031HKM LPC ment that Basketball City be LPC 488 Greenwich St., MN Landmark (488 Greenwich St. House) 080032HKM LPC required to build open space DCAS 55 Broadway, MN Lease (10,000 sq.ft. security cntr.) 080035PXM DCAS running the full length of the pier. Beth Israel Med. 1 Nathan Perlman Pl., MN Auths. (loading deck, transfer 080069ZAM; Kramer Levin The Planning Commission floor area) 080070ZAM approved the plan, noting that the 40th St. Ptners. 14 W. 40th St., MN Spec. perm. (31-story mixed-use bldg.) 080042ZSM Wachtel & Masyr Gladden Prop. 250 W. 55th St., MN Cert./Auth (TDR transf. from Booth/ 080046ZCM; Bryan Cave City’s intent to retain most of the Shubert Theaters for office bldg.); 080045ZAM; pier space for use by other agencies Cert. (FAR transf.) 080047ZCM made a larger public open space LPC 10 W. 56th St., MN Landmark (Birdsall Res.) 080033HKM LPC infeasible. The Commission LPC 30 W. 56th St., MN Landmark (Henry Seligman Res.) 080034HKM LPC emphasized that the waterfront Millenium Ptners. 155 W. 66th St., MN Spec. perm. (hotel use) 080054ZSM Kramer Levin viewing area and the indoor recre- 577 Assoc. LLC 577 Broadway., MN Spec. perm. (artist lofts) 080064ZSM Fredrick Becker HPD 103 W. 108th St., MN Amend urban renew. plan; 080066HUM; HPD ational facility would enhance the UDAAP & disposition 080067HAM City’s East River Esplanade and HPD/DCAS 2282 F.Douglass Blvd., MN Acq. (3 lots for parking facility); 080044PQM; HPD/DCAS Piers project, a plan to revitalize the NYPD UDAAP (12-story mixed-use) 080043HAM NYPD East River waterfront from Pier 15 to LPC 1st Ave./E. 111th, MN Landmark (Jefferson Play Ctr.) 080030HKM LPC Pier 35, which recently received LPC Amsterdam/W. 172nd, MN Landmark (Highbridge Play Center) 080068HKM LPC Commission approval. 4 CityLand DEP E. 177th St., BX Establish combined sewers 080060MDX DEP 105 (Aug. 15, 2007). Morgan B. Realty 830 Fountain Ave., BK Spec. perm. (no FAR limit for retail) 080051ZSK Howard Goldman LPC Lorimer/Driggs Ave., BK Landmark (McCarren Play Ctr.) 080029HKK LPC ULURP Process: LPC 6th Ave. & 41st St., BK Landmark (Sunset Play Ctr.) 080028HKK; LPC Lead Agency: DSBS, Neg. Dec. 080027HKK Comm. Bd.: MN 3, App’d, 35-2-3 DEP Atlantic Ave., BK Establish storm & sanitary sewers 080059MDK DEP Boro. Pres.: App’d Bokharian Com. Ctr. 182-69 80th Rd., QN Cert. (waive parking for center) 080061ZCQ Bokharian Com. Ctr. CPC: App’d, 9-0-0 Council: No review DEP Sweetbrook Corridor, SI Cert. (work in DOS); 080056RCR; DEP Auth. (water quality, flood cond.) 080055RAR CPC: Basketball City / Pier 36 (C 070046 Wagner College Campus Rd., SI Auth. (residence hall, parking lot) 080065ZAR H2L2 Architects PPM – disposition of City property); (N Ronald Victorio 4550 Arthur Kill Rd., SI Renew spec. perm. (4-story bldg.) 080075CMR; Yomtovian/Cameco Renew auth. (topo, trees, parking) 080076CMR 070047 ZAM – public access require- ments) (Aug. 8, 2007). CITYADMIN Borough President Helen Marshall as a Special Planned Community that would make Landmarks solely Preservation District, and requiring CITY PLANNING COMMISSION responsible for all permits to alter all property owners to apply for a buildings in Sunnyside Gardens, a special permit to City Planning Rezoning Proposal planned community of single-fami- if they wanted to demolish or ly homes and apartments built in alter their building, or to change its Sunnyside, Queens the 1920s. landscaping. The special permit City Planning proposes plan Landmarks had voted in June triggered the City’s land use review for Sunnyside Gardens 2007 to designate a 600-building procedure, ULURP. historic district covering Sunnyside City Planning’s proposal will Under proposal, Landmarks would Gardens, which created a potential alter the zoning text, making Land- be solely responsible for all permits conflict with an existing section of marks solely responsible to review to alter Sunnyside Gardens’ build- the zoning text. 4 CityLand 92 (July all plans by property owners to alter ings. On August 20, 2007, the Plan- 15, 2007). The City, in 1974, decided buildings and landscaping in Sun- ning Commission sent a proposal to to protect the unique nature of nyside Gardens. The text change Queens Community Board 2 and Sunnyside Gardens by zoning it will also impose new uniform

September 15, 2007 Volume 4 CITYLAND 121 height, bulk, density and parking Review Process: trict, limiting building heights to 75 requirements for a majority of the Lead Agency: DSBS, Neg. Dec. feet and residential development to Comm. Bd.: BX 2, App’d, 20-0-0 four times the size of the develop- Sunnyside Gardens preservation Council: pending district. In the proposal, City Plan- Mayor: pending ment lot. The proposal focuses ning argued that the change will high-density development on CPC: Southern Boulevard BID remove the burden on property Broadway, Amsterdam above West (N 070464 BDX) (Aug. 8, 2007). owners to seek dual agency CITYADMIN 104th Street, and West 106th Street. For Broadway, City Planning approvals. proposed an R9A district, permit- Landmarks’ June 2007 desig- ting residential development with a nation has yet to be voted on by CITY PLANNING COMMISSION 6.05 FAR and a 145-foot height limit. the City Council, which has the Amsterdam and West 106th Street Rezoning authority under the City’s charter would have an R8A zoning, setting a to reject the entire designation. Upper West Side, Manhattan maximum building height at 120 With significant opposition to the CPC approves 51-block feet and allowing residential build- designation by some Sunnyside Westside plan ings at a 6.02 FAR. Along Broadway, Gardens residents, preservationists developers could increase the size see the Council’s rejection as a Inclusionary housing bonus pro- of residential development from a distinct possibility. posed for Broadway above West 97th. 6.05 to an 8.05 FAR with the provi- Alarmed by the construction of two sion of affordable housing either CPC: Sunnyside Gardens Special PC apartment buildings exceeding 30 on- or off-site. Text Amendment, Application No. N stories on Broadway between West When the plan reached the 080052 ZRQ (Aug. 20, 2007). 99th and West 100th Streets, Upper Planning Commission, the presi- West Side residents asked the City to dent of the Jewish Home and Hospi- CITY PLANNING COMMISSION consider rezoning the area and set- tal of New York, which operates an ting stricter height limits. This start- elder care facility on West 106th ed a two-year collaborative plan- Street, told the Commission that it Business Improvement District ning effort by City Planning, HPD, would be forced to leave the Upper Hunts Point, Bronx Landmarks, the Manhattan Bor- West Side since the rezoning would ough President’s office and local hinder its development plans for New Hunts Point BID approved residents. The efforts focused on a lots along West 105th and West 51-block rezoning plan for West 106th Streets. JHH planned to Plan encompasses 134 businesses. 97th and West 110th Streets sell some lots for private residen- On August 8, 2007, the Planning between Riverside Drive and Ams- tial development to finance the Commission approved an applica- terdam Avenue, and

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W 110707 STST

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the 51-block area (R8 W 104104 SSTT B annual assessment on businesses R8R8 8 and R7-2). The area R W 103103 SSTT W 10033 STST

and residents to enhance sanita- 8 R B

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RR7-2R777-2-2 W tion, security and marketing. The W 110202 STST W 102 SSTT K R . R Y V . A A A V . P

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M A W 101101 STST A $200,000 first-year budget will come 8 T R

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from small assessments on com- E MANHATTAN AV. M MANHATTAN AV.

T O W 100100 STS M WESTEND AV. W AMSTERDAM AV. A COLUMBUS AV. C AMSTERDAM AV. COLUMBUS AV.

development with no B 8 mercial properties of 37 cents per W 9999 STST height limit even along R square foot. Residential and vacant R9AR9A streets characterized W 9898 STST properties will pay an annual INCIINCLUSIONARYNCLUSIOUSIONARY by small three- and W 9977 ST $1 assessment. Government and four-story townhouses. R1RAR10A0 A R8R8 R10AR10A C4-6AC4-6A R9R9 C2--88 R9R 9 C1-9C1-9 R9R 9 R1100A not-for-profits will be exempt. The new plan With no opposition to the BID, calls for a majority of Upper West Side Rezoning: Proposed Zoning used with the Commission approved without the area to be down- permission of the NYC Department of City Planning. All rights reserved. modification. zoned to an R8B dis-

122 Volume 4 CITYLAND September 15, 2007 ULURP PIPELINE Since the zoning text required a spe- cial permit from BSA for “communi- cation equipment structures” that New Applications Certified into ULURP posed “serious difficulties” in locat- PROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED ing, Buildings reasoned that this Longwood Gardens UDAAP by HPD; acquisition BX 2 080019HAX; 8/6/2007 meant much larger cell phone of City property (25-unit bldg.) 080020PQX equipment. If the cell phone equip- Shakespeare Place UDAAP by HPD; acquisition BX 4 080024HAX; 8/6/2007 ment exceeded the notice’s specifi- of City property (128-unit bldg.) 080023PQX cations, it needed a special permit The Chocolate Factory Special permit (modify use, bulk) MN 2 070247ZSM 8/20/2007 from BSA, according to Buildings. 200 Lafayette Street Special permit (artist lofts) MN 2 070400ZSM 8/20/2007 Vallone argued that this tech- 122 E. 32nd Street Zoning map amendment; MN 5 060373ZSM; 8/20/2007 special permit (44-space garage) 060372ZMM nical notice amounted to an unau- E. River Realty Zoning map amendment; MN 6 070529ZMM; 8/20/2007 thorized change to the zoning reso- Company & First Ave. zoning text amendment; N070530ZRY; Properties special permits and certifications 070531ZSM; lution. According to Vallone, Build- (for 5.1 M sq.ft. development) 070532ZSM; ings did not merely interpret the 070534ZSM; 070522ZMM; zoning resolution but had changed 070523ZSM it without the Council’s approval. The Phillips Club Special permit (comm. floor area) MN 7 080054ZSM 8/20/2007 Buildings countered that the City’s F.Douglass Blvd. Acquisition of property; UDAAP by MN 10 080043HAM; 8/20/2007 HPD (89 res. units/NYPD lot) 080044PQM charter required it to interpret the 4213 Second Ave. UDAAP,dispose City prop. BK 7 070551HAK 8/20/2007 zoning text, and increased cell Central Library Annex Site selection, acq. of property QN 12 070451PCQ 8/20/2007 phone use necessitated a determi- nation as to what fell under the spe- cial permit requirement. Buildings enlargement of its own facility. JHH BOARD OF STANDARDS & APPEALS stood by the fact that since the cell asked the Commission to remove its phone equipment did not pose a lots from the rezoning plan. Resi- Appeal “serious difficulty” to locate, the dents strongly opposed JHH’s sug- special permit requirement could Astoria, Queens gestion, pointing out that the rezon- not apply to it. ing would still facilitate large com- BSA affirms DOB policy on BSA agreed with Buildings, munity facility buildings on JHH’s roof cell phone antennas finding the technical notice to be lots. within Buildings’ authority to inter- The Commission approved the Vallone and Astoria residents argued pret the zoning resolution under plan without any modification for that DOB lacked authority to grant the charter. BSA pointed out that JHH. The Commission analyzed the cell phone equipment permits. In the notice only applied to small impact of the rezoning on JHH, 2005, Omnipoint Communications installations that were unlikely to finding that the plan would rezone received a Department of Buildings have a significant impact on a its lots to two districts that would permit to install cellular phone neighborhood. antennas and equipment cabinets still allow substantial development, on the roof of an Astoria, Queens BSA: 32-42 33rd Street (287-05-A) (July including community facility uses building. Council Member Peter F. 24, 2007) (Evie Hantzopoulos, for with a 120-foot maximum height Vallone Jr. and Astoria residents residents; Deborah Glikin, for DOB; and a 6.05 FAR. Kenneth Fisher, for Omnipoint). appealed the permit to BSA, arguing CITYADMIN The City Council’s Subcommit- that Buildings lacked the authority tee on Zoning & Franchises will to approve the cell phone equip- hold its public hearing on Septem- ment. According to Vallone, BOARD OF STANDARDS & APPEALS ber 17, 2007. approval required a special permit ULURP Process: from BSA. Special Permit Lead Agency: CPC, Neg. Dec. Buildings disagreed. In 1998, it Comm. Bd.: MN 7, App’d, 37-0-0 issued a technical policy notice Bulls Head, Staten Island Boro. Pres.: App’d interpreting a section of the zoning BSA grants permit to contro- CPC: App’d, 11-0-0 resolution. The notice stated that versial health care facility Council: Pending for cell phone equipment meeting CPC: Upper West Side Rezoning (C certain specifications, including Opposition included FDNY, S.I. 070427 ZMM – map amendment), (N being less than 8.45 sq.ft. in diame- Boro. Pres., Council member and 070428 ZRY – text amendment, inclu- ter and needing less than six feet in Community Board. On August 14, sionary housing) (Aug. 8, 2007). height above a building’s roof line, 2007, BSA granted a special permit CITYADMIN Buildings could issue a permit. to Gregory Montalbano, allowing

September 15, 2007 Volume 4 CITYLAND 123 construction to move forward for a BSA PIPELINE two-story, 5,565-square-foot ortho- pedics doctors’ office at 82 Lam- berts Lane in Staten Island. The New Applications Filed with BSA — Aug. 1 – Sept. 4, 2007 site’s residential zoning limited APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE medical offices to 1,500 sq.ft. absent VARIANCES BSA approval. The two-story facility would employ eight people and Bond St. Partners 8 Bond St., MN Eating & drinking est. in cellar 195-07-BZ Greenberg Traurig operate on weekdays between 8:00 Gasper Nogara 15 Luquer St., BK Res. dev. in manuf. dist. 210-07-BZ Eric Palatnik, P.C. a.m. and 5:00 p.m. Montalbano Kaspin & Dallis 2317 Ralph Ave., BK Allow bank in R3-2 dist. 201-07-BZ Cozen O'Connor Summit School 187-30 G. Central, QN Reduce front yard depth 209-07-BZ Raymond J. Irrera would demolish the 1,378-square- Gastar, Inc. 137-35 Elder Ave., QN Const. 13-story mixed-use bldg. 203-07-BZ Sheldon Lobel, P.C. foot single-family home currently Dimitros Karidis 34-19 31 St., QN Permit office in res. dist. 191-07-BZ John A. Garcia on the site. Feng Dong 40-55 College Pt., QN Commercial use in res. dist. 189-07-BZ Eric Palatnik, P.C. During a series of four BSA Ortho Health Care 3333 Hylan Blvd., SI Use 200-07-BZ Philip L. Rampulla public hearings between February Michael Modatsos 4677 Hylan Blvd., SI Increase lot size, parking spaces 187-07-BZ Dennis Dell'Angelo and July 2007, the FDNY, Borough SPECIAL PERMITS/OTHER ACTIONS President James Molinaro, and Council Member James Oddo all Hilton Hotels 301 Park Ave., MN Allow gym in Waldorf-Astoria 188-07-BZ Friedman & Gotbaum recommended disapproval, claim- Alex Gonter 3591 Bedford Ave., BK Enlarge 1-family dwelling 193-07-BZ Sheldon Lobel, P.C. ing that the doctors’ office would Frank J. Martino 2160 McDonald Ave., BK Allow school in M1-1 dist. 202-07-BZ Cozen O'Connor have an adverse effect on traffic. Joseph Wroblewski 53-20 72nd Pl., QN Permit 25-ft stealth radio tower 205-07-BZ Omnipoint Comm. The FDNY asked for a full traffic APPEALS study, claiming that the office could Elite III 1447 Rosedale Ave., BX Vested right to cont. development 194-07-A Rothkrug Rothkrug slow emergency response times. Metropolitan Ctr. 3546 Decatur Ave., BX Const. bldg. in mapped st. bed 192-07-A Rothkrug Rothkrug But Montalbano estimated the Davis & Warshow 48-20 57th Ave., QN Const. bldg. in mapped st. bed 207-07-A Agusta & Ross amount of traffic that the office’s Breezy Pt. Co-op 7 Chester Walk, QN Enlarge 1-family dwelling 190-07-A Gary Lenhart, RA patients would generate to be well Carmine Lacertosa 9 Federal Pl., SI Dwelling not fronting mapped st. 196-07-A Willy C. Yuin, RA below City levels triggering further Carmine Lacertosa 15 Federal Pl., SI Dwelling not fronting mapped st. 198-07-A Willy C. Yuin, RA environmental studies. Carmine Lacertosa 11 Federal Pl., SI Dwelling not fronting mapped st. 197-07-A Willy C. Yuin, RA BSA granted the special per- Carmine Lacertosa 17 Federal Pl., SI Dwelling not fronting mapped st. 199-07-A Willy C. Yuin, RA mit, concluding that although the EXTEND CONSTRUCTION PERIOD traffic in the area was already heavy, Washington-Hall 163 Washington Ave., BK Ext. time for minor development 204-07-BZY Sheldon Lobel, P.C. any additional traffic generated Abraham Sigman 712 Sixth Ave., BK Ext. time for minor development 206-07-BZY Eric Palatnik, P.C. would be minimal and did not war- JN520, LLC 72 Grand Ave., BK Ext. time for minor development 208-07-BZY Friedman & Gotbaum rant further study or supplemen- tary conditions. Chelsea, into a 316-room hotel. The partial demolition of the second BSA: 82 Lamberts Lane (152-06- existing building, built under a 1964 through fifth stories of the window- BZ)(Aug. 14, 2007)(Adam Rothkrug, for variance approval, most recently less wing facing West 16th Street to Montalbano). CITYADMIN housed a transitional youth shelter provide courtyard space for the run by the Covenant House. hotel. In addition, it would con- BOARD OF STANDARDS & APPEALS Located on an odd-shaped, 11- struct a twelfth story on the West sided lot, the existing building con- 17th Street wing, a new sixth and tains two separate wings: an 11- seventh story on the West 16th Variance story wing along West 17th Street Street wing and three stories over Chelsea, Manhattan with a sloped facade, small circular the small West 16th Street garage. Chelsea’s former Maritime windows and floor plates that nar- Originally, Hampshire proposed a Union to be 316-room hotel row at each successive level, and a larger project with apartments as West 16th Street wing with five win- well as the hotel component, but it Unique construction plan of 1964 dowless floors that the union used abandoned that project during the building created hardship. BSA for auditorium space. An additional BSA approval process. approved the plan by Hampshire complication is that the lot has two Hampshire’s hotel proposal Hotels and Resorts to convert the frontages along West 16th Street. triggered variances for use, height, 162,123-square-foot former Nation- Another property separates the lot’s setback and yards even though it al Maritime Union building, located five-story wing from its 25-foot decreased the total floor area of the along West 17th and West 16th wide, one-story garage. Maritime Union building by over Streets near Ninth Avenue in Hampshire’s plan called for the 11,000 sq.ft. In support of its pro-

124 Volume 4 CITYLAND September 15, 2007 Brooklyn Bridge. The developer will demolish a one-story, non-con- tributing garage currently located on the site. At the May 22, 2007 hearing, the Historic Districts Council stated that it “generally approved” of the proposed building, but suggested changes to the windows and tran- soms. Morris Adjmi altered the orig- inal proposal by making the rooftop addition and mechanical equip-

Porthole-shaped windows cover the West 17th Street side of the former Maritime Union building. ment smaller, and by using double- Photo: Jonathan Reingold. hung window openings. Construc- Rendering shows the West 17th Street elevation after its conversion to a hotel. Image courtesy of tion on the building is expected to Handel Architects. be complete by the winter of 2008. posal, Hampshire argued that the LPC: 254 Front Street (COFA #08-1667) BSA: 346 West 17th Street (43-07-BZ) (Aug. 14, 2007). Maritime Union building was obso- (July 24, 2007) (Paul Selver, for Hamp- lete and unusable for as-of-right shire). CITYADMIN residential and community facility LANDMARKS PRESERVATION uses. Without windows along West COMMISSION 16th and with large, full-block floor LANDMARKS PRESERVATION plates, the building provided little COMMISSION light and air. It could only house a Certificate of Appropriateness use with large amounts of non-liv- Flatiron, Manhattan Certificate of Appropriateness ing space. The high cost to convert the building, including costs for South Street Seaport, Manhattan Landmarks allows 15-story bldg. in Ladies’ Mile hist. dist. windows, a new building skin and Six-story building approved partial demolition for increased for seaport hist. dist. Karl Fischer-designed, through- light and air, required an increase in block building similar to proposal the building’s height. Hampshire Residential building with ground previously approved. At its August 7, also argued that the narrow West floor retail to be built near Brooklyn 2007 hearing, Landmarks voted to 17th Street floor plates complicated Bridge. Landmarks issued a permit grant a permit to 42 West 18th Street a conversion of the building to resi- for a six-story apartment building in Realty Corp. for the construction of dential units. Lower Manhattan’s South Street a new residential and commercial Hampshire submitted several Seaport Historic District on August building on a vacant lot at 38 West feasibility studies, including a resi- 14, 2007. The building, designed by 18th Street and rooftop additions to dential and community facility Morris Adjmi Architects, will feature buildings at 40 and 42 West 18th project and a hotel project without an eight-story facade facing Front Street within the Ladies’ Mile any increase in the building’s Street, and a six-story facade on Historic District. The plan calls for height. Both proved infeasible due Dover Street, with a one-story set preserving the facades of the two to the significant conversion costs. back penthouse. According to the existing buildings in exchange for BSA found that the building architects, zinc panels will evoke the developer’s plan to seek a bulk and lot created a hardship. It grant- the feel of brick, the dominant waiver under the zoning code. ed the variances, finding the addi- building material in the area, and In 2001, Landmarks had tional height along both streets to awnings will be suspended by approved a similar plan to develop a be compatible with adjacent build- cables in homage to the nearby 15-story tower on the vacant lot and ings. BSA restricted retail use on the site to 10,000 sq.ft., and the total height along West 17th Street to 151 LANDMARKS PIPELINE feet and to 97.5 feet above the West 16th Street wing. The approval also Proposed Designations – August 2007 included Community Board 4’s rec- NAME ADDRESS ACTION DATE ommendations for a traffic atten- dant and prohibited a night club Lord & Taylor Bldg. 424 Fifth Ave., MN Heard 8/7/2007 within the hotel. Highbridge Play Ctr. Highbridge Park, MN Designated 8/14/2007

September 15, 2007 Volume 4 CITYLAND 125 pleted in 1872 and landmarked in Landmarks Actions Taken In August 2007 1967. A retaining wall surrounding FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS the Play Center is made from a cut ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D stone matching the water tower’s August 7, 2007 material. The Play Center was W. 100th St., MN Central Park Mod. playground, repl. fencing 08-0118 Yes among eleven City pools opened in Brooklyn Bridge, BK Brooklyn Bridge Install signage, lighting 07-9383 W/Mod 1936 by Mayor Fiorello LaGuardia 47 Murray St., MN Tribeca South HD Replace sidewalk 07-7655 W/D and avid swimmer Robert Moses. 381 Broadway, MN Tribeca East HD Install storefront 07-6610 Yes 57 Laight St., MN Tribeca North HD Install doors, infill, canopy 07-7230 Yes LPC: Highbridge Play Center and Pool 428 Greenwich St., MN Tribeca North HD Install infill 07-8240 Yes (LP-2237) (Aug. 14, 2007). 25 Mercer St., MN SoHo-Cast Iron HD Enlarge rooftop bulkhead 06-8253 Yes 38 W. 18th St., MN Ladies' Mile HD Const. through-block bldg.; 07-4197; Yes Report to CPC (bulk) 08-0437 W/D ECONOMIC DEVELOPMENT 427 Amsterdam Ave., MN Upper West Side/CPW HD Install new storefront 07-3948 Yes CORPORATION August 14, 2007 321 W. 12th St., MN Greenwich Village HD Leg. facade, roof alterations 07-2315 Yes Request for Expressions of Interest 114 Greenpoint Ave., BK Greenpoint HD Alt. facades, const. add. 07-8326 W/Mod 116 Greenpoint Ave., BK Greenpoint HD Alt. facades, const. add. 08-0487 W/Mod Citywide 8 Hunts Ln., BK Brooklyn Heights HD Const. rooftop addition 07-2294 Yes 52 Livingston St., BK Brooklyn Heights HD Alter facade, porch 08-0225 Yes City issues RFEI on 10 S. Portland, BK Fort Greene HD Const. rooftop addition 07-7533 W/Mod congestion pricing 36 Strong Pl., BK Cobble Hill HD Construct addition 06-2440 W/Mod 45-14 39th Ave., QN Sunnyside Gardens HD Alter rear porch 08-0600 Yes Information will assist State evalua- 39-30 47th St., QN Sunnyside Gardens HD Const. rooftop addition 08-0601 W/Mod tion of proposal. The New York City Economic Development Corporation, the Department of Transportation to make rooftop additions to the and the Department of Information two existing buildings. However, the LANDMARKS PRESERVATION COMMISSION Technology and Telecommunica- owners never followed through with tions issued a request for expres- that construction plan, designed sions of interest to solicit innovative by Joseph P. Lombardi, and the Designation ideas to design, implement, operate approval lapsed in May 2007. The Washington Heights, Manhattan and maintain the City’s congestion new proposal would reduce the size pricing plan. of the rooftop additions on 40 and Robert Moses’WPA-era pool Under the proposed conges- 42 West 18th Street by 5,000 sq.ft. landmarked tion pricing plan, the City will Jack Taylor, representing the Highbridge recreation facility joins charge vehicles entering or leaving Drive to Protect the Ladies’ Mile previously-designated water tower. Manhattan below 86th Street dur- Historic District, testified in support On August 14, 2007, Landmarks ing the business day, as a way to of the design at Landmarks’ hearing voted to designate the Highbridge alleviate traffic congestion, improve based on the fact that it was sub- Play Center and Pool in upper Man- public health, and generate revenue stantially similar to the 2001 pro- hattan as an individual City land- for mass transit. The charge does posal and the new rooftop addi- mark. The Play Center, which not apply to certain vehicles, such tions would no longer be visible opened in 1936 and features an as emergency vehicles, yellow taxis, from the street. Taylor pointed out, Olympic-sized swimming pool, and vehicles meeting certain low- however, that the City rezoned the became the seventh WPA-funded emission standards. Moreover, the sites since 2001 and Landmarks swimming pool built under Parks plan will not charge vehicles more had misstated the impact of that Commissioner Robert Moses’ aus- than once per day. rezoning. Community Board 5 also pices to be designated. Landmarks The City proposed a conges- approved the proposal. heard testimony on the Highbridge tion pricing plan in April 2007, and, The proposal now goes to the Play Center, along with several in July 2007, the State created the Planning Commission for approval others, on January 31, 2007. 4 New York City Traffic Mitigation of the bulk waiver. Construction CityLand 25 (March 15, 2007). The Commission. The City intends to use the RFEI to inform its presenta- cannot commence until the Com- pool, renovated in 2001, accommo- dates more than 4,000 people and tion to the commission. The com- mission approves the application. remains in active use. mission will then present its recom- LPC: 38-42 West 18th Street (COFA# 07- Highbridge Park also features mendations to the State Legislature 4197) (Aug. 7, 2007). the High Bridge Water Tower, com- and City Council by the end of Jan-

126 Volume 4 CITYLAND September 15, 2007 uary 2008. Both legislative bodies The RFPs follow-up on the patch for first responders from the must approve a final plan by the Council’s vote. At 299 DeGraw Street NYPD, the FDNY and the Emer- end of March 2008 in order for the in Cobble Hill, the proposal seeks a gency Medical Services, the facility City to qualify for $354 million in viable not-for-profit tenant to rede- would also support command con- federal funds. velop the 4,250-square-foot fire- trol centers for the FDNY and the Because the City does not house for a community, education NYPD, which will enable citywide intend to establish toll barriers or or cultural use. The $1-a-year lease coordination in one central loca- queuing areas as part of the plan, would be limited to one ten-year tion between police and fire officials responders to the RFEI must specify term with two five-year renewal and the Office of Emergency what equipment they propose to options. Management. install along City streets and how With Williamsburg’s former The site is located on 8.9 acres such equipment will incorporate firehouse at 134 Wythe Street, the of the northern portion of the existing infrastructure, recognize RFP seeks proposals from not-for- Hutchinson Metro Center, a com- vehicles that are not subject to the profit cultural institutions or com- mercial office park. The only access charge, and collect fees from vehi- munity entities involved in services to the proposed site currently is cles with and without E-ZPass. such as real estate, health, commu- by Industrial Street, a private, Responders must also address the nity advocacy or historic preserva- unmapped roadway. Under the City’s concerns over system mainte- tion. In exchange for the $1 sale proposal, the City would amend nance, privacy, and traffic data price, the developer must redevelop the City Map, altering Industrial monitoring. the site with a design that EDC Street’s designation to a 50-foot EDC set an October 2, 2007 describes as “context-sensitive.” wide public street stretching north deadline for responses. EDC set a September 17, 2007 of Waters Place for 0.75 miles. deadline for responses on both pro- New York City Economic Development NYPD, the project’s lead agency, Corporation Request for Expressions of posals. expects the 911 center to be opera- Interest, Implementation of the City’s New York City Economic Development tional by 2011. Proposed Congestion Pricing Plan Corporation Request for Proposals, NYPD set the comment period (Aug. 28, 2007). DeGraw Street Firehouse Redevelop- to expire on Monday, September ment (July 27, 2007); New York City Eco- 17th. ECONOMIC DEVELOPMENT nomic Development Corporation Request for Proposals, Wythe Avenue The City Record, Aug. 7, 2007 at 3029. CORPORATION Firehouse Redevelopment (July 25, 2007). Request for Proposals COURT DECISIONS

Williamsburg/Cobble Hill, Brooklyn NYPD Board of Standards & Appeals Former FDNY firehouses Upper East Side, Manhattan offered for redevelopment Environmental Scope First Department orders BSA Proposal lists a $1 purchase price for Pelham Bay, Bronx to issue variance Williamsburg firehouse. The New EIS scoping hearing held for York City Economic Development new Bronx 911 center Court affirmed power to overturn Corporation issued requests for BSA even when it failed to consider proposals for the two former Brook- Center would enable citywide man- all five variance factors. In 1999, lyn FDNY firehouses that spurred agement of emergency services. On George Pantelidis, owner of a town- controversy when DCAS proposed September 6, 2007, the NYPD held a house in Manhattan’s Upper East to sell the buildings at public public hearing on the draft scope of Side, obtained a permit from the auction. Opposition by local com- an environmental impact state- Department of Buildings to con- munity boards and Borough Presi- ment for the proposed construction struct a glass-enclosed stairwell at dent Marty Markowitz to the out- of a second 911 center for the City. the rear of his building. The stair- right sale resulted in a compromise The proposal by the NYPD, the well allowed the Pantelidis family, under which the City Council voted FDNY and the Department of Infor- who occupied the second and third to limit future users to community mation Technology and Telecom- floors of the five-story building, to facility providers and to prohibit munications, consists of a 493,500- move about their residence without a sale of the firehouse at 299 square-foot office building, along using the public stairs. DeGraw Street in Brooklyn’s with an accessory parking garage In 2001, eighteen months after Cobble Hill neighborhood. 4 City- with capacity for 500 vehicles. Pantelidis completed construction, Land 71 (June 15, 2007). Designed to house intake and dis- a neighbor filed a petition opposing

September 15, 2007 Volume 4 CITYLAND 127 the stairwell’s construction to BSA. may be permitted given that BSA sided with the neighbor and COURT DECISIONS Thames had obtained a zoning vari- revoked Pantelidis’ permit. ance, a temporary residential C of Pantelidis then applied to Eviction O, and intended to convert the BSA for a variance to allow the Williamsburg, Brooklyn building to a residential condo- stairwell, which BSA denied. He minium. Justice Harkavy rejected Tenants stop eviction from then filed an article 78 petition, Thames’ concerns about maintain- M-1-zoned building ing the integrity of the manufactur- arguing that BSA’s denial was arbi- ing zoning designation since it was trary since it failed to consider Owner tries to evict tenants based on Thames and not the tenants who that he relied in good faith on a zoning while seeking to convert had converted many of the build- then-valid Buildings permit. The building to residential use. Amy ing’s units to residential use. Justice lower court agreed and ordered a Kreiling and Roy Williams leased a Harkavy concluded that at the very fact-finding courthearing rather studio unit from Thames Realty, least there were questions as to than remanding the case to BSA. owner of a loft building located whether the building’s M1-1 zoning BSA appealed the court-ordered within a manufacturing zoning designation allowed residential use, hearing to the First Department district in Williamsburg, Brooklyn. whether the residential tenancy and ultimately lost. 2 CityLand 13 Although the lease limited their use could be legalized, and whether the (Feb. 15, 2005). to business purposes, the tenants tenants would be protected from used the unit as their residence. When Pantelidis’ case returned Thames’ actions under the rent pro- Five years into the tenancy, Thames to the lower court, the court agreed tection laws. Harkavy also pre- notified them that it wished to ter- with Pantelidis, annulled BSA’s served the tenants’ counterclaims minate the lease. When they refused denial, and directed BSA to issue regarding Thames’ failure to register to move, Thames began a court pro- the building as a multiple dwelling Pantelidis the variance. 3 CityLand ceeding to remove them, claiming and rightful possession of the loft. 14 (Feb. 15, 2006). that Kreiling and Williams were BSA appealed, challenging the illegally using the unit as a resi- 47 Thames Realty, LLC v. Kreiling, 16 lower court’s power to order BSA to dence in violation of the building’s Misc. 3d 1105A (Kings Cty.Sup.Ct. July issue the variance to Pantelidis. BSA manufacturing zoning. 16, 2007) (Harkavy, J.). argued that the lower court could In response, Kreiling and not resolve the issue of Pantelidis’ Williams claimed that Thames pre- COURT DECISIONS variance since BSA did not discuss sented the loft as a residential unit, the managing agent knew they two of the five factors to granting a City Planning variance in its initial denial. intended to reside in the loft, the Midwood, Brooklyn The First Department dis- building included laundry and agreed with BSA, ruling that the other residential amenities, and at Court rejects challenge to record was sufficient to rule on Pan- least 14 other tenants resided in the Brooklyn rezoning building. The tenants submitted telidis’ entitlement to the variance. evidence to show that Thames Moreover, Pantelidis’ situation did Owner claimed that City illegally wanted tenants out of the building spot zoned his two lots. In 2006, the not require a degree of technical and was curtailing services it once City Council voted to rezone 80 expertise that would compel the provided. In addition, the Depart- blocks of Midwood, Brooklyn, court to remand the matter to BSA ment of Buildings had previously including two lots on Ocean Avenue for further consideration. The court issued a temporary residential cer- owned by Jacob Fetman. When the emphasized that if it ruled different- tificate of occupancy to Thames, City Council voted on the plan, it ly, BSA could ensure a cycle of arti- and Thames had sought approval modified the initial district pro- cle 78 claims and remands to BSA from the state to convert the build- posed by City Planning for the west by simply not addressing all five ing into residential condos. side of Ocean Avenue between variance factors. Justice Ira B. Harkavy allowed Avenues L and M, giving the west several of the tenants’ counter- side of that block a different zoning In re Pantelidis v. BSA, 2007 NY Slip Op. claims to move forward, rejecting district than the east side, where 6442 (1st Dep’t Aug. 16, 2007) (Michael Thames’ request to evict the ten- Fetman owned his two properties. 3 A. Cardozo, Tahirih M. Sadrieh, for BSA; ants. The court ruled that the rent CityLand 24 (March 15, 2006). Paul Golden, for Pantelidis; Bruce H. protection laws might apply if the Fetman filed an article 78 peti- Wiener, for neighbor). building’s zoning were found to tion, claiming that the down-zoning CITYLAND Comment: The City generally permit residential use. of his two lots was arbitrary and plans to appeal this decision. The court found that residential use equaled an illegal spot zoning. He

128 Volume 4 CITYLAND September 15, 2007 also asked the court to rezone his lots considered and comprehensive differently. Justice Schmidt empha- to either the R6A zoning designation plan. The court analyzed the exist- sized that a zoning ordinance is a given to the west side of the block or ing buildings on the east and west legislative function and courts can- back to its original R7A designation. sides of Ocean Avenue, finding clear not alter a property’s zoning. Justice David I. Schmidt reject- differences in the buildings’ charac- ed Fetman’s claims, finding the teristics and concluding that it was Fetman v. Burden, 238 N.Y.L.J. 28 (KingsC- rezoning to be the result of a well- rational for the City to zone each ty.Sup.Ct. July 10, 2007) (Schmidt, J.). CITYLAND PROFILES DOT’s Schaller on making congestion pricing a reality ruce Schaller, DOT’s Deputy Com- nothing in congestion fees. “You want City’s congestion pricing plan and alter- Bmissioner for Planning and Sustain- people to switch modes, not stay at native non-pricing plans. Mr. Schaller’s ability, stands on the front-lines in the home,” said Mr. Schaller. office will work with the commission to battle over the City’s congestion pricing Someone Else’s Taxes. Vocal oppo- develop a research plan and flesh out plan. Hand-picked by Mayor Bloomberg a nents, including Council Member David the final proposal. This means doing the month after the City announced its inten- Weprin, call congestion pricing a tax. At a statistical leg work, such as running the tion to charge vehicles entering or leav- congestion pricing forum, Weprin admit- alternative plans through a travel model ing Manhattan below 86th Street, Mr. ted to avoiding tolls by taking the to determine their effectiveness. Cur- Schaller must present and implement a over the Midtown rently, Mr. Schaller has four staff mem- plan that satisfies City, state, and federal Tunnel. Mr. Schaller responds that since bers working solely on congestion pric- officials. the bridge is maintained with “millions of ing — a number he expects will grow as As a transportation consultant, he tax payer dollars,” someone else's tax the process continues — along with analyzed the impact of East River bridge payments finance the Council member's outside consultants. tolls for the Straphanger Campaign, commute. To detractors that say poor In late August, EDC issued a request advised transit authorities in Chicago and public transit forces them into their cars, for ideas from interested firms, which Mr. Austin as well as NJ Transit and the LIRR. he points to census data showing only 28 Schaller expects will produce a vast vol- Mr. Schaller also served as a director of percent of residents in Brooklyn, Queens ume of information on strategy, technol- the Taxi & Limousine Commission and and Staten Island neighborhoods drive to ogy and alternatives. While he knows deputy director of the Transit Authority. He work. According to Mr. Schaller, the real some firms have been talking to each earned a reputation as a congestion pric- issues with the plan are privacy concerns other, DOT has yet to talk directly to ing guru through a series of op-eds as raised by the proposed camera system any vendors. When asked to name com- well as an extensive report he drafted for and the impact on traffic in adjacent panies he might have in mind, Mr. the Manhattan Institute on the subject. neighborhoods. Schaller demurred, but said it is no Raised in Cleveland and Chicago, Mr. State and Federal Voice. The City secret which vendors worked in London Schaller graduated from Oberlin College, applied for federal funding for congestion and on E-ZPass. earned a Public Policy MA from UC- pricing in June 2007, and submitted the Penchant for Predictions. Mr. Berkeley, and taught at NYU Wagner’s plan to the State Legislature for approval Schaller does not see the commission as Rudin Center for Transportation Policy in July. The state created a commission a roadblock to implementing congestion and Management as a visiting practition- to explore the congestion pricing concept pricing. In fact, he said that “the first plan er. Mr. Schaller’s Midwestern calm and and to recommend a final plan to the is never the one adopted and is not nec- easy-going nature will be tested over the State Legislature and City Council by the essarily the best. We’ll improve upon it.” next several months as the fight over end of January. If it is then approved by Despite the tight deadlines, Mr. Schaller congestion pricing heats up. Recently, he both bodies, U.S. Transportation Secre- remains confident the commission will sat down with CityLand to chat about the tary Mary Peters announced she would submit its report by the end of January, scheme. award $354 million to the City for “inno- and that it will be approved by the end of Bloomberg’s Game Plan. Bloomberg vative local traffic solutions.” As Mr. March. Mr. Schaller says that congestion proposed the nation’s first large-scale Schaller put it, “they know it’s a process pricing presents a revenue stream for the congestion pricing plan in April 2007 as and they’ve put pressure on people” to state, which ultimately will win over the centerpiece of his PlaNYC. A system reach an agreement in Albany. Despite legislators. of high speed E-ZPass readers and cam- some cries from Assembly Members that “No one gave congestion pricing a eras would scan or photograph vehicles the federal grant agreement was unreli- snowball’s chance in hell a year ago,” as they entered the congestion pricing able, Mr. Schaller stated that the alloca- remarked Mr. Schaller. But once Mayor zone. Mr. Schaller envisions almost 1,000 tion is primarily from FY 2007 funds and Bloomberg presented it as part of a com- cameras in all. The mayor’s plan calls for includes $10.4 million in start up funds prehensive plan to make New York a truly charges of $8 for cars, $21 for trucks and for congestion pricing. sustainable city, people no longer view no fee for yellow cabs. Drivers that Schaller’s Mission. The state com- the status quo as an option. already pay $8 in other tolls will pay mission’s mandate is to review the — Jonathan Reingold

September 15, 2007 Volume 4 CITYLAND 129 New Decisions Added to CITYADMIN www.citylaw.org – August 2007*

CITY COUNCIL RES. NOS. PROJECT DESCRIPTION DATE 1011-12 Liberty Ave. Apartments, BK Special permit (floor area); 8/22/2007 UDAAP by HPD (64-unit community facility) 1013 107-20 G. Brewer Blvd., QN UDAAP by HPD (1 lot) 8/22/2007 1014 450 W. 17th St. Garage, MN Special permit (210-space garage) 8/22/2007 1015 208 W. 149th St., MN UDAAP by HPD (3 lots) 8/22/2007 1016 121 W. 133rd St., MN UDAAP by HPD (3 lots) 8/22/2007 1017 9017 Avenue N, MN UDAAP by HPD (2 lots) 8/22/2007 1018 2154 Crotona Ave., BX UDAAP by HPD (2 lots) 8/22/2007 1019 144-44 177th St., QN UDAAP by HPD (1 lot) 8/22/2007 1020 114-40 158th St., QN UDAAP by HPD (3 lots) 8/22/2007 1021 32-07 30th Ave., QN Revocable consent (sidewalk cafe) 8/22/2007 1022 101 Rivington St., MN Revocable consent (sidewalk cafe) 8/22/2007 1023 69 Seventh Ave. S., MN Revocable consent (sidewalk cafe) 8/22/2007 1024 City map amendment, BK Discontinue street, dipose City prop. 8/22/2007 1025 Commerce Bank 4th Ave., BK Zoning map amendment (C1-3 in R4-1) 8/22/2007 1026 Commerce Bank 65th St., BK Zoning map amendment (R6B in R7X) 8/22/2007 1027 Plaza 75, QN Zoning map amendment 8/22/2007 1028 217 W. 147th St., MN UDAAP by HPD (1 lot) 8/22/2007 CITY PLANNING COMMISSION PROJECT NAME DESCRIPTION LOCATION ULURP # DATE Basketball City/Pier 36 Dispose of City-owned prop.; modify MN 3 C070046PPM; 8/8/2007 waterfront access, visual corridor reqs. N070047ZAM 200 11th Avenue Special permit (15-space garage) MN 4 C070211ZSM 8/8/2007 Upper West Side Rezoning Zoning map amendment; zoning text MN 7 C070427ZMM; 8/8/2007 amendment (inclusionary housing) N070428ZRY S&J Sheet Metal Supply UDAAP,disposition of City prop. BX 1 C070404HAX 8/8/2007 Southern Blvd. BID Business Improvement Dist. proposal BX 2 N070464BDX 8/8/2007 Cook Street Housing UDAAP by HPD (152 res. units), dispose of BK 1 C070433HAK; 8/8/2007 City prop; zoning map amendment; special C070434ZSK; permit (94-space garage) C070432ZMK Herbert Street Condos UDAAP by HPD (14 res. units) BK 1 C070408HAK 8/8/2007 Avenue P Bridge Change legal grades, acq./disp. property BK 11 C960515MMK 8/8/2007 Kings Highway Bridge Change legal grades, acq./disp. property BK 11 C960535MMK 8/8/2007 12th Avenue Rezoning Zoning map amendment (C2-3 in R6) BK 12 C030093ZMK 8/8/2007 Canarsie Lane Close portion of street BK 18 N760098(A)MMK 8/8/2007 Sludge Facility Site selection for dock and loading; BK 1 C070398PSK; 8/22/2007 landfill for dock construction C070399MLK Sahara Restaurant Rezoning Amend zoning (expand restaurant) BK 15 C050317ZMK 8/22/2007 120th Precinct Special permit (police station) SI 1 C070382ZSR 8/22/2007 BOARD OF STANDARDS & APPEALS ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 346 W. 17th St., MN Convert comm. fac. to transient hotel App'd 43-07-BZ Kramer Levin 50 W. 17th St., MN Special permit (Splash Bar) App'd 102-95-BZ Fredrick A. Becker 40 W. 34th St., MN Ext. of term (NY Sports Club) App'd 247-85-BZ Francis Angelino 222 E. 34th St., MN Special permit (gym) App'd 117-07-BZ Wachtel & Masyr 403 E. 91st St., MN Ext. special permit (Edge Gym) App'd 145-92-BZ Deirdre Carson 53 E. 177th St., BX Ext. of term (parking lot) App'd 704-59-BZ Peter Hirshman 2407 Linden Blvd., BK Ext. time to obtain C of O (car sales) App'd 21-91-BZ Sheldon Lobel 148 Fountain Ave., BK Const. 2-fam. dwelling w/o side yard App'd 301-06-BZ Rothkrug Rothkrug 2610 Avenue L, BK Enlarge 1-family dwelling App'd 391-04-BZ Moshe M. Friedman 1328 E. 23rd St., BK Enlarge 1-family dwelling App'd 49-07-BZ Sheldon Lobel 1762 E. 23rd St., BK Enlarge 1-family dwelling App'd 126-06-BZ Fredrick A. Becker 2255 Bedford Ave., BK Re-est. residential use, child care App'd 81-93-BZ Rothkrug Rothkrug

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

130 Volume 4 CITYLAND September 15, 2007 New Decisions Added to CITYADMIN www.citylaw.org – August 2007*

BOARD OF STANDARDS & APPEALS (CONT.) ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE 17 Roosevelt Walk, QN Reconst., enlg., bldg. not on mapped st. App'd 149-07-A Gary Lenhart 163-01 Cross Bay, QN Ext. of term (service station) App'd 1236-27-BZ Eric Palatnik 32-42 33rd St., QN Appeal DOB decision (cell equipment) Denied 287-05-A Evie Hantzopoulos 29-26 Bell Blvd., QN Enlarge 2-family dwelling App'd 333-06-BZ Joseph Morsellino 131-04 40th Rd., QN Constr. 2, 4-story buildings in mapped street bed App'd 87-06-A; 88-06-A Patrick W. Jones 100-21 39th Ave., QN Build 3-fam. dwelling in mapped st. bed App'd 50-07-A Gerald J. Caliendo 102-07 Roosevelt Ave., QN Alter bldg. in mapped st. bed App'd 61-07-A Alfonso Duarte 34-29 37th St., QN Enlarge 1-story bldg. D'missed 284-05-BZ Alfonso Duarte 53-03 Broadway, QN Construct 6-story bldg. D'missed 309-05-BZ Gerald J. Caliendo 347 Roxbury Ave., QN Build in mapped street bed App'd 87-07-A Robert C. Miller 71 Bedford Ave., QN Enlg. 1-fam. dwelling in mapped st. bed App'd 82-07-A Gary Lenhart 108-20 71st Ave., QN Const. 16-story residential bldg. App'd 75-06-BZ Joseph Morsellino 32-12 23rd St., QN Convert dwelling to comm. fac. D'missed 287-06-BZ Sheldon Lobel 82 Lamberts Ln., SI Special permit (health care facility) App'd 152-06-BZ Rothkrug Rothkrug 2025 Richmond, SI Ext. of term (retail, offices) App'd 177-85-BZ Rothkrug Rothkrug 1 N. Railroad St., SI Ext. time for construction (2-fam. bldg.) App'd 242-02-BZ Joseph Fullam 12 Brook Ave., SI Construct dwellings not fronting mapped street App'd 84-07-A; 85-07-A Anthony J. Tucci 32 Adele St., SI Const. bldg. not fronting mapped st. App'd 77-07-A Burgher Ave. LLC LANDMARKS PRESERVATION COMMISSION ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO APP’D ISSUED CERTIFICATE OF APPROPRIATENESS 55 Wall St., MN National City Bank Remove canopies, inst. sign 08-0885 Yes 7/18/2007 22 Barclay St., MN St. Peter's Church Inst. elevator enclosure, door 07-8592 Yes 6/1/2007 768 Fifth Ave., MN Plaza Hotel Remove windows, repl. doors 08-1655 Yes 8/9/2007 22 E. 78th St., MN Metropolitan Museum Repl. ironwork, inst. fence 07-7269 Yes 8/3/2007 Queensboro Bridge, MN Queensboro Bridge Install flagpole 08-1128 Yes 7/25/2007 300 Cent. Pk. W., MN Eldorado Apartments Construct greenhouse 08-1101 Yes 7/24/2007 254 Front St., MN South Street Seaport HD Demo bldg., const. 8-story bldg. 08-1667 Yes 8/14/2007 105 Chambers St., MN Tribeca South HD Install windows, pool 08-1435 Yes 8/7/2007 443 Greenwich St., MN Tribeca North HD Construct roof additions 08-1126 Yes 7/30/2007 46 Hudson St., MN Tribeca West HD Install windows 08-0459 Yes 7/9/2007 101 Prince St., MN SoHo-Cast Iron HD Replace storefront, inst. signage 08-0738 Yes 7/18/2007 114 Greene St., MN SoHo-Cast Iron HD Const. roof adds., bulkheads 07-9009 Yes 7/17/2007 577 Broadway, MN SoHo-Cast Iron HD Const. rooftop add., inst. infill 08-1742 Yes 8/14/2007 250 Mercer St., MN NoHo HD Const. roof add., raise parapets 08-1750 Yes 8/10/2007 224 W. 4th St., MN Greenwich Village HD Remove infill, restore facade 08-1351 Yes 8/3/2007 351 Bleecker St., MN Greenwich Village HD Alter shopfront, inst. signage 07-7645 No 7/12/2007 32 Little W. 12th St., MN Gansevoort Market HD Legalize security gates, brackets 07-6629 Yes 8/10/2007 2020 Broadway, MN Upper West Side/CPW HD Remove awning, repl. storefront 08-1791 Yes 8/10/2007 105 W. 78th St., MN Upper West Side/CPW HD Legalize painting of facade 08-0753 No 7/12/2007 427 Amsterdam Ave., MN Upper West Side/CPW HD Replace infill, install awning 08-1662 Yes 8/8/2007 101 W. 87th St., MN Upper West Side/CPW HD Const. 4-story bldg., additions 08-0155 Yes 7/5/2007 275 Cent. Pk. W., MN Upper West Side/CPW HD Est. master plan (windows) 08-1760 Yes 8/10/2007 264 W. 91st St., MN Riverside/West End HD Demo ext., construct addition 08-0388 Yes 7/10/2007 1185 Park Ave., MN Upper East Side HD Inst. windows, infill, grille 08-1103 Yes 7/24/2007 227 W. 138th St., MN St. Nicholas HD Construct rear addition, deck 08-0928 Yes 7/18/2007 429 E. 139th St., BX Mott Haven East HD Legalize grilles, alter fence 08-0603 Yes 7/10/2007 132 State St., BK Brooklyn Heights HD Replace windows 08-0622 Yes 7/12/2007 491 Henry St., BK Cobble Hill HD Clad facades, const. dormers 07-8618 Yes 7/13/2007 153 Lincoln Pl., BK Park Slope HD Const. roof, rear adds. 08-1343 Yes 8/9/2007 35-52 88th St., QN Jackson Heights HD Legalize, alter garden wall 08-1060 Yes 7/24/2007

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

September 15, 2007 Volume 4 CITYLAND 131 The Center for New York City Law

AmtrakAm New York Law School trak 47 Worth Street New York NY 10013-2960 PROPOSEDPROPOSED MAPPEDMAPPED STREETSTREET

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NYPD proposes a 493,000-square-foot 911 dispatch center, near the intersec- tion of the Pelham and the Hutchinson River Parkways in the Bronx. See story on page 127. Image: NYPD.

CENTER FOR NEW YORK CITY LAW UPCOMING EVENTS CITY LAW BREAKFAST SERIES 2007-2008

Friday, September 21, 2007 Meenakshi Srinivasan Chair, NYC Board of Standards and Appeals Speaking on “New Challenges at the NYC Board of Standards and Appeals” Breakfasts begin at 8:15 a.m. at New York Law School, 47 Worth St., New York, NY. There is no charge, but please reserve a seat at www.citylw.org CITYADMIN Information on CITYADMIN Decisions on www.citylaw.org is provided free with support from: AGENCY NUMBER OF YEARS Manatt, Phelps & Phillips, LLP NAME DECISIONS AVAILABLE Speaker Christine Quinn, BSA 2,487 2002-Present New York City Council Council 1,175 2003-2005 Weil, Gotshal & Manges LLP CPC 723 2003-Present Gibson, Dunn & Crutcher DOB 68 1999-Present Landmarks 1,658 2002-Present Kramer, Levin, Naftalis & Frankel, LLP Loft Board 1,487 1996-Present