NOVEMBER 15.2005 CENTER FOR NEW YORK CITY LAW VOLUME 2. NUMBER 10

Highlights

CITY COUNCIL

Queens la nd ma rk rej ec ted ....145

Fa r West Vi llag e rewn ed ...... 14 7

Bed-St uy ch oos es jobs ...... 148

Sfco mmercia l overlays gone ... 149

Plaza Hotel ro oms land marked 150

Deli nq uent cafe deni ed permit .150

CITY PLANNING COMMISSION

Columbia and CB 9 di vi ded ... 151

Bro oklyn Na vyYa rd grow s ..... 152

BOARD OF STANDARDS & APPEALS

P.S. 64 won't best ud en t dorm .. 152

Proj ects beat down -z oning ..... 154 Council rejects design ation of Jamaica Savings Bank on Queen s Boulevard . 11 st oriesapp'd f orW.B'way ... 154 See full story on pag e 145. Photo: Robert Meroln.

Ha rlem ow ner withd raws .. ...155 CITY COUNCIL to-ceiling height to a 43-foot height 50-y r-old ca r sh op not ob s olete .155 along the Queens Boulevard facade. Landmarks found the roof reminis­ Brooklyn synag ogue to ex pand .155 LandmarkDesignation cent of Saarinen's TWA Terminal at Elmhurst, Queens LANDMARKS JFK International Airport. Council rejects designation The owner, BA Property LLC, Fa r West Vi llag e hearing ...... 156 argued against the designation at the of Queens Blvd. bank 1866 stab le gets 2 new st ories ... 157 Council's hearing before the Sub­ Objections by building owner committee on Landmarks, Public COURT DECISIONS and lack of positive support bycoun­ Siting and Maritime Uses. BA claimed that Landmarks, under cil member sank designation. On Tenant , 81,f orcib ly re moved ... 157 pressure from preservationists to October 27, 2005, the City Council designate more modern architecture overturned the Landmarks Preser­ CHARTS and buildings outside of Manhattan, vation Commission's designation of arbitrarily chose the bank, offering it DCP Pip elin e ...... 148 the 1966-built, former Jamaica Sav­ as a "consolation prize." BA claimed ings Bank on Queens Boulevard in ULURP Pip elin e ...... 150 the bank's high ceiling and unique Elmhurst. Landmarks designated BSA Pip elin e...... 153 design made heating, cooling and the bank in June 2005, calling it a repair costs exorbitant, and flooding Land marksActi ons ...... 156 striking example of 1960s popular issues required "six double gallon Land marks Pip elin e ...... 157 modernist architecture. 2 CityLand pumps going 24 hours a day." BA City law org New Decisi ons 158, 159 92 (July 15, 2005). The bank, complained that designation would designed by William Cann, fea­ deprive it of its right to add over New DOB Permits ...... 159 F. tures a 116-foot long curved copper 25,000 sq. ft. of as-of-right commer­ clad roof that rises froma low floor- cial space. (cont'don page 147)

Novemb er 15, 2005 Vo lume 2 CITYLAND 145 Landmark Designations Should Not Be a Matter of Council Member Courtesy

Leading this issue of CllYLAND is a report on the Council's refusal to landmark the Jamaica Savings Bank located on Queens Boulevard in Elmhurst. The 1966 building's bold, but oddly triangular facade and steeply pitched roof (pictured on CllYLAND's front page) was intended to attract attention, but the attention it attract­ ed during the Council's consideration raised more issues than architectural concerns. Council Member Charles Barron cautioned the subcommittee about modern architecture because, in his opinion, modern buildings as a group were unworthy of protection. If he means that the City should be selective, he is of course correct. But as a generalization covering modern architecture, the principle goes much too far. all The landmarks law requires a building to be at least 30 years old for consideration, and that limitation serves to introduce moderation into the process. There are modern structures that deserve to be landmarked, and such consideration should be on the merits. More worrisome was Subcommittee Chair Sirncha Felder's comment that the Council followed a custom in landmark designation of deferring to the recommendation of the member in whose district the proposed land­ mark was located. This principle, if actually followed, would undermine the Council's appropriate role as the leg­ islature for the City as an entirety. The recommendation of the local Council Member is one element in designa­ tion considerations, but that recommendation should not be treated as a veto; landmarking is not a matter of leg­ islative courtesy, but of Citywide concern. The designation process is laborious, beginning with highly documented studies. From there the proposed designation runs a gauntlet of hearings and votes at both the Landmarks Preservation Commission and the City Planning Commission. A proposed designation that finally makes it to the Council's docket should, if anything, carry a presumption of favorable action, not the vulnerability of Council Member courtesy. In the Jamaica Savings Bank case, the principle was stated, but not followed. Council Member Helen Sears voted to designate, but by then her own and her colleague's actions had doomed the proposal. So be it. The Coun­ cil should also have, in the process, rejected any notions of Council Member courtesy in designations as well. Ross Sandler

CITYLAND

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146 Vo lu me 2 CI"TYLAND Novemb er 15, 2005 Closing the hearing, Subcom­ mittee met on October 24th, Felder Closing the vote, Felder stated mittee Chair Simcha Felder asked explained that customarily the Sub­ that "in terms of landmarking in the Council Member Helen Sears, committee followed the recom­ outer boroughs, there is an argu­ Elmhurst's representative, if she mendation of the council member ment to be made to not allow the supported the designation. Sears, whose district contained the poten­ Landmarks Preservation Commis­ who had seemed to support the tial landmark, but in this case Sears sion to fulfill this obligation by designation before the Landmarks had voiced support for designation landmarking junk." The Land Preservation Commission, refused full before the hearing and then at the Use Committee voted to overturn to commit either way. She stated hearing was noncommittal. Given the designation, sending it to the that the Community Board sup­ Sears' doubts and the building's full Council, which adopted the ported the designation, but also serious repair problems, the Sub­ Committee's recommendation that the owner's concerns seemed committee could not support desig­ unanimously with only one mem­ substantial. Following Sears' nation. Council Member Charles ambiguous comments, the Sub­ ber voting in favor of designa­ Barron added that the Council committee voted to overturn the tion ...Helen Sears. should be very cautious and watch designation with only Council designations of modern architec­ Member Bill Perkins voting to Council: Jamaica Savings Bank (Octo­ ture because, in his opinion, mod­ uphold Landmarks' vote. ber 27, 2005) (JeffreyChester, Einbinder ern buildings were unworthy of & Dunn, LLP, for BA Property LLC). When the Land Use Com- landmark protection. full CrTYADMIN

CITY COUNCIL

Rezoning Greenw ich Village, Manhattan

FarWest Village rezoningapproved

Council down-zoned lots with pending develop­ ment. The Council rezoned 14 blocks of Greenwich Vil­ lage west of Washington Street, replacing manufactur­ ing and commercial zoning in the area with contextual zoning districts. The proposal came from the Planning Department after Far West Village residents com­ plained of the growing number of large development proposals that followed construction of the Richard Meier-designed, 205-foot luxury residential towers along WestStreet. In the proposal, the Planning Department designed contextual commercial zones to allow commercial and residential uses, but limited the size and density of new development to match the neighborhood's existing char­ acter. The rezoning cluster medium-density residen­ will tial buildings on portions ofWest andWashington Streets and greatly restrict the density along the Far West Village's narrow residential streets like Charles Street. During the rezoning's planning and approval process, several proposals for new developments got underway, including the proposed demolition and replacement of the Superior Ink factory site at 70 Bethune Street with a new luxury apartment tower; the demolition of the factory at 389 West 12th Street, for­ CHiA merly owned by Diane von Furstenberg; and a large I project proposed for the Whitehall Storage site at 303 , West 10th Street. Far West Village: Adopted Zoningused with permission of the New York All rights reserved. Several residents, testifying at the October 6, 2005 City Departmen t of City Planning.

Novemb er 15, 2005 Vo lume 2 CITYLAND 14 7 de Portzamparc-designed building CITY PLANNING PIPELINE would benefit the neighborhood, but was infeasible to construct with the proposed reduction in permitted

APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE floor area.

ZONING TEXT AND MAP AMENDMENTS The Commission voted unani­ Tuck-it-away 1901 Park Ave., MN Rezone for commercial building 060198ZMM Tuck-it-away mously to approve the plan at a spe­ DCP West Chelsea District, MN Amend text for priorapproval 060199ZRM DCP cial meeting on September 26, 2005. DCP Greenpoint-Williamsburg, BK 4 text changes 060170ZRK DCP The Commission found the pro­ DCP Pelham Bay Rezon., BX Rezone (comm. overlays) 060179ZMX DCP posed floor area limit on the White­ hall Storage and Superior sites DCP Westchester Sq. Rezon., BX Rezone (comm. overlays) 060180ZMX DCP Ink appropriate and approved both DCP Midwood Rezoning, BK Rezone (R6 to R2, R4-1, R5, &R5-B) 060130ZMK DCP ...... _...... - ...... _ ... _. __. .... _._... _._--_ .. ._ .. _. .. - ...... _.. _ . .. _ .... . without change. Chair Amanda M . DCP Aft. Housing Zoning DiS!.,BK Rezone for contextual height limits 060171ZMK DCP Burden commented that the Com­ HPD Mantic Terrace, BK Rezone, UDAAP & disposition (10- 060176ZMK; HPD story building in Atlantic Terminal) 060177HAK DCP mission set a precedent for its coor­ SPECIAL PERMITS/OTHER ACTIONS dinated work with the Landmarks Preservation Commission, which is A&T LLC 303 E. 109th St., MN Easement for residential bldg. 060192ZCM A&T LLC considering two new historic dis­ EDC 711 12th Ave., MN Renovation & widening of piers 060181ZCM EDC tricts within the rezoned area. Sagamore5 4th St. 421-429 W. 54th St., MN Spec. permit for garage 060169ZSM Howard Goldman Fantis Foods 36 Laight St., MN Conversion (ground floordwellings) 060183ZAM Decampo Diamond Council: Far We st Village Zoning Map Amendment (October 11, 2005); CPC: John D'Amato Coveryly Ave., SI Reconfig. zoning (3, 1-family homes) 060190ZCM John D'Amato Far We st Village Zoning Map Amend­ HHC East River Science Park, MN Spec. permits for bio-science space 060187CMM; HHC & 720-space garage(Bellevue Hosp.) 060188CMM ment (C 060006 ZMM - map amend­ ment) (September 26,2005). CrTYADMIN HPD 31-38 Van Buren St., BK Spec. permit for Wazobia House 060195ZSK; HPD (homeless & disabled comm. fac.) 060194HAK Mothiur Rahman 39-15 28th St, QN Construct residential in Ml-3D 060178ZAQ Tri-State Zoning CITY COUNCIL DEP/DCAS Oceanside Ave., SI Site selection & acquisition 060196PCR DEP/DCAS DEP/DCAS Oakwood Beach Bluebell, SI Site selection & acquisition 060197PCR DEP/DCAS -_ ...... _ ... _ ... _ ... _ ... _._ .. _. __ ._ ... -...... __ ...... - Rewning T&L Properties 131 Highland Ave., SI 2-family in Hillside Preservation Dist 060 193ZAR T&L Properties Bedford-Stuyvesant, Brooklyn HHC Sea View Monopole, SI Height alteration 060200ZAR HHC Council votes down rezoning Council hearing, requested that the Council approved the rezoning full fo r Bed-Stuy site Subcommittee on Zoning and Fran­ without change. chises act to reduce the permitted ULURP Process: The Planning Citing a need for jobs, Council size of future development on the Commission, as lead agency, issued rejects proposal to rezone manufac­ Whitehall Storage and Superior Ink a negative declaration on July 11, turing site for 49 new housing units. factory sites_ Some requested that 2005. Community Board 2 approved On October 27,2005, the City Co un­ the Council stop the proposed dem­ the rezoning, but requested that the cil overturned the Planning Com­ olition of the Superior building, a Ink plan for the Superior and White­ mission's approval of an application proposal which is currently before Ink hall Storage sites be reconsidered. to rezone a vacant, 19,680-square­ BSA A few Charles Street property Borough President C. Virginia Fields foot site from manufacturing to res­ owners argued that the proposal was approved the proposal. idential to facilitate the develop­ unduly restrictive and unfair since At the September 14, 2005 Plan­ ment of 49 units of housing in Bed­ their properties were proximate to ning Commission hearing, State ford- Stuyvesant. the large Meier towers and the Senator Thomas K. Duane urged the The applicant, Middleland Whitehall Storage site development. Commission to act swiftly, express­ Inc., argued at the hearing before The next day, the Subcommit­ ing concern that property owners the Council's Subcommittee on tee approved the plan without mod­ rush to obtain vested develop­ Zoning and Franchises that the site will ification, rezoning the Whitehall ment rights. GaryTirnarkin,an archi­ was unique. It was surrounded by Storage site to a commercial zoning tect and developer who owns 393 residential uses and had been resi­ that maintained the site's large per­ West 12th Street, opposed the rezon­ dentially-zoned until 1975, when it mitted residential floor area (FAR of ing, arguing it would increase rent was rezoned for use as a parking lot 6_02) and permitting residential uses and housing costs. Edward Baquero, for IBM's adjacent factory. A decla­ as-of-right with a floor area ratio of owner of 385 West 12th Street, asked ration restricting its use to parking 5_02 on the Superior factory site. to be omitted from the rezoning, Ink for IBM remains recorded on the The Land Use Committee and the arguing that his proposed Christian property. Since IBM closed the fac-

148 Vo lume 2 CITYLAND No vemb er 15, 2005 tory in 1993, the site has remained it to the Council, which disap­ able housing development. full fenced and vacant. Middleland proved on October 27th. The Coun­ The October 6, 2005 hearing planned to construct seven sepa­ cil was required to vote on the appli­ before the Council's Subcommittee

, rate buildings on the site with seven cation before November 3, 2005 or on Zoning and Franchises became units in each building. the rezoning would have been heated when a Staten Island archi­ Middleland's attorney, Richard deemed approved based on the tect, who first testified that a block Lobel, told the Subcommittee that Planning Commission's approval. on Wyman Avenue should retain its the Community Board had accused ULURP Process: The Planning commercial zoning, cautioned the the developer of proposing "segre­ Commission, as lead agency, issued Council that its efforts to down­ gated housing." Lobel pointed out a negative declaration on August 8, zone Staten Island could ultimately that Middleland had committed to 2005 and recorded a declaration on prove exclusionary for low-income making 20 percent of the units the property requiring additional families. Calling his comment an affordable and was working with hazardous materials tests. "insult" and "disgusting," Council HDC. Lobel asked the Subcommit­ Community Board 3 unani­ Member Andrew J. Lanza told the tee to delay the vote on the rezoning mously voted against the rezoning. architect that "not a single stick of until specifics with HDC could be Borough President Marty Markowitz affordablehousing has been built in presented to the Council. If the Sub­ also disapproved, noting that the Staten Island" and commented that committee did vote to deny the project would not meet the commu­ the rezonings had been thoughtful­ rezoning, Lobel urged that at the nity 's goal of job creation. Markowitz ly planned. "You know how much affordable housing be built in very least the Council vote to suggested that retail or commercial will remove the restrictive declaration uses be added. Staten Island: zero," Lanza told the limiting the site's use to parking. The Planning Commission architect. When the architect began Cynthia Pinn, from Brooklyn approved on September 14, 2005, to explain that he was currently Community Board 3, testified in finding that the project would cre­ working on a multi-family project opposition, explaining that the ate needed housing on a primarily aimed at first-time home buyers, Board had unanimously voted to residential block. The Commission Council Member Tony Avella, the disapprove the application. Citing a noted that the lot's 1975 rezoning Subcommittee Chair, told the archi­ 40 percent unemployment rate for was solely for IBM's use and, tect that he was cutting him off. Bedford-Stuyvesant residents, Pinn responding to Markowitz's denial, Additional opposition testimo­ argued that the site should be main­ stressed that the site has remained ny came from a property owner tained for manufacturing use to vacant since IBM vacated in 1993. with a site that had contained an oil provide needed job opportunities and heating company since 1963. Council: Spencer Street/DeKalb Ave. for Bedford-Stuyvesant's unem­ He asked that his site be carved out Rezoning (October 27, 2005); CPC: ployed. Pinn made no mention of of the rezoning to allow it to main­ Spencer Street/DeKalb Ave. Rezoning the Board's opposition to the type of tain its commercial zoning. (C 030276 ZMK - map amendment) residential housing. (September 14, 2005) (Marci Lobel-Esrig, Closing public testimony, At the close of the public hear­ Richard S. Lobel, Sheldon Lobel P.c., fo r Council Member Lanza recom­ ing Council Member Albert Vann, the Middleland). CITYADMIN mended that the lot containing the ' Bedford-Stuyvesant representative, heating and oil company be urged the Subcommittee's disap­ CITY COUNCIL removed fromthe rezoning and that proval, arguing that maintaining the no other modificationsbe support­ site's manufacturing zoning was nec­ ed. The Subcommittee approved Rezoning essary to job creation. Vann added the three actions, adopting Lanza's that the need for jobs was "even Staten Island modification. The Land Use Com­ greater than the need for housing." mittee and Council approved. Commercial zone overlays full Calling the application "a eliminated in Staten Island The approved rezoning elimi­ unique situation," Land Use Com­ nated commercial overlays on mittee Chair Melinda Katz stated Council angered by allegation blocks determined by the Planning that she supported disapproval that rezoning will impede affordable Department to be primarily residen­ because she was unaware of a time housing construction. The full tial in nature. With the removal of the when an application faced the Council approved three linked pro­ commercial zoning, a loophole was unanimous disapproval of the Com­ posals to eliminate commercial removed that had allowed develop­ munity Board and the Borough zoning overlays in 21 areas of Staten ers to build large as-of-right residen­ President. The Subcommittee and Island after a public hearing where tial developments in lower density the Land Use Committee disap­ a Staten Island architect alleged that areas. For the ULURP process, full full proved on October 24,2005, sending the actions would impede afford- see 2 CityLand 138 {Oct. 15, 2005.)

Novemb er 15, 2005 Vo lume 2 CITYLAND 149 At the Council hearing before categorized as having a personal Council: Staten Island Commercial Overlay Rezoning (October 11 and the Subcommittee on Zoning and vendetta against a gay bar. October 27, 2005); Staten Island Com­ Franchises, DeSimone alleged that Council Member Christine mercial Overlay Rezoning (C 050453 the community's opposition to the Quinn, Greenwich Village's repre­ ZMR), (C 050454 ZMR), (C 050455 ZMR) renewal application was based on sentative, dismissed both DeSi­ (September 14, 2005). CITYADMIN the fact that the Stonewall was a gay mone's and the opponents' discus­ bar and nightclub with primarily sions of the Stonewall bar and night black and latino patrons and not CITY COUNCil club as irrelevant, noting that the based on the operation of the side­ only issue before the Subcommittee walk cafe, which was without inci­ was the Bistro's sidewalk permit Landmark Designation dent. DeSimone argued that this application. Quinn said that DeSi­ Midtown, Manhattan community prejudice was evidenced mone received a sidewalk permit by 45 violations, all of which were Plaza Hotel public rooms three years ago and never paid the eventually dismissed, that were receive Landmark status fees, which amounted to $16,000. issued against the nightclub and Only a week before the hearing, Council voted without debate stemmed from neighbors' com­ DeSimone told Quinn that he could to uphold Landmarks' designation plaints to the City. DeSimone added not afford' to pay the City; in the of the interiors of the PlazaHo tel. On that the NYPD informed him that end, DeSimone paid the City $7,000 October 27, 2005, the Council once inspectors are called, they have only days before the hearing. full to find something wrong. He then voted to support the Landmarks Quinn urged disapproval, argu­ provided a protracted explanation of Preservation Commission's desig­ ing that the Council should not the operations of the bar and night­ nation of eight interior rooms of the reward an owner that benefitsfrom club, arguing that the club was oper­ Plaza hotel as individual landmarks City permits, but fails to pay for the ating in conformance with its BSA with very little debate. Landmarks benefit. Quinn argued that the permit, for which DeSimone was also had moved quickly to designate the Council should set a precedent that seeking renewal. Plaza's interiors in April 2005 after if you fail to pay the City, the Council Opponents to the application, Elad Properties, the Plaza's current reject any renewal application. including the Chair of Community will owners, filed a change of use appli­ Following Quinn's suggestion, the Board 2, testifying about the prob­ cation to alter some of the hotel's Subcommittee voted to deny lems with the Stonewall nightclub, full historic banquet rooms to retail DeSimone's renewal permit. The claimed that the community was space. 2 CityLand41 (Apr. 15,2005); Land Use Committee and the "powerless" until renewal applica­ full 2 CityLand 91 (July 15, 2005). With Council also voted to disapprove. the Council's approval, future alter­ tions provided a forum for their ations of these interior rooms complaints. three opponents Council: Stonewall Sidewalk Cafe Per­ will All require Landmarks prior approval. said that they took offense to being mit (October 27, 2005). CITYADMIN

Council: Plaza Hotel Interiors (October 27, 2005). CITYADMIN

CITY COUNCil

Sidewalk Cafe Greenwich Village, Manhattan

Council denies cafe a sidewalk renewal permit

Council rejection based on owner'sfailure to pay $16,000 in City fees. Dominick DeSimone, owner of the Stonewall Bistro, the Stonewall Bar and the Stonewall Nightclub in Greenwich Village, applied to renew­ his sidewalk permit for the Bistro at 113 Seventh Avenue South. Com­ munity Board 2 and residents opposed the renewal.

150 Vo lu me 2 CITYLAND No vemb er 15, 2005 ! ities existed: the parties resolve their / differences and the plans are I , f --;{ reviewed without incompatible dif­ I , ferences; the Commission decides

l : .,-J J between a narrow set of possibili­ :, W 133 sr ties; and if the parties do not reach 'lEW M3-1 SU8-DISTRICT 2 j CUNY any compromises, the Commission CONSOUDATE D-____� ____n' NEW BROADWAY , :::. , decides what is the best outcome SPECIAL MIXEO USE � N DISTRICT \, I for the area. �

M1-2 The Commission was most M2-3 " J:...-- ", concerned about issues related to , , eminent domain. While the Com­ II- '<$s \- vn9ST-- .It.. munity Board's 197-a plan is It '<8Sr� ,, - <.J. .. ' adamantly opposed to using emi­ ;t:)"r' %.\-W528sr II � ..z.. �� , .. '".", -.... 1 nent domain, Columbia stated that '" �\ 1 II VI 127 S it may use eminent domain to I I � � I I , accomplish the expansion of its R8 'e General Grant educational campus. In response to Houses Commissioner Karen A. Phillips, . " A S1\CITST '" Columbia's representatives stressed '" General Grant " Morningside � U> Houses '" GaJden. � that eminent domain was impor­ z > '" " Co-op tant for utilities to be moved under .. �" "' '":c i:' =: ...... JI :£ " :r ------the street. Commissioner Irwin G. L..:---w.-Ij!;S'"ff---' -- Cantor noted that eminent domain was an issue and that Columbia R8 should recognize that it contin­ will ue to be an issue until the date of CB 9's proposed ManhattanviJleSpecial PurposeDistrict. Used with permission of Community Board the vote. 9 and Ihe Pratt Certter for Community Development. The Commission voted to issue a letter to CommunityBoard 9, find­ CITY PLANNING COMMISSION At the same session, the Com­ ing that its plan met threshold stan­ mission discussed concerns that dards. Calling the 197 -a plan and 197-a Plan Columbia University planned to file Columbia's proposal "radically dif­ a conflicting rezoning proposal cov­ Manhattanville, Manhattan ferent," Chair Amanda M. Burden ering the same geographic area to encouraged a dialogue between Manhattanville's -a plan ' 197 facilitate Columbias expansion into both parties, and requested that the goes fo rward Manhattanville. Columbia's plan Board make good faith efforts to would seek to rezone low-density identify common ground and Community Board 9 and manufacturing lots to allow high­ achieve consensus wherever possi­ Columbia University presented dif­ density educational uses. While ble. The letter also stated that the ferent rezoning plans for Manhat­ Columbia owns a portion of the lots Commission plans to consider both tanville. At the Planning Commis­ in the area, it would potentially proposals concurrently so as to sion's review session on October 17, obtain more by eminent domain. afford both equal consideration. 2005, the Commission determined The scoping meeting to start that Manhattan Community Board City Rules allow the Commis­ the environmental review of the 9's independent 197-a plan for the sion to coordinate the review of dif­ 197-a plan is scheduled for Novem­ future rezoning and development of fering proposals for the same geo­ ber 15, 2005. It is expected that the Manhattanville met threshold stan­ graphic area so that both plans are environmental review process dards. The plan culminated over 12 considered concurrently. At the will take six months. years of work by the Board. Under meeting, both Community Board 9 the City Charter and Rules, before and Columbia agreed to future dia­ CPC: Community Board 9 197-a Plan environmental review of the 197-a logue to facilitate concurrent review (N 060047 NPM - threshold determina­ plan can commence, the Commis­ of the plans. When Commissioner tion) (October 17, 2005). sion must determine that the plan Richard Eaddy asked about the W conforms to threshold standards for possible outcome of the negotia­ CI TYl..AI'-..It;) Details for , Comment form and content, and for sound tions, staffmembers for the Depart­ the 197-a plan are available at: planning policy. ment responded that three possibil- http://www.prattcenter.net/cp-

Novemb er 15, 2005 Vo lume 2 CITYLAND 151 cb9.php. Although Columbia has tion. The Brooklyn NavyYard Devel­ demolished was sufficient and not yet submitted ULURP applica­ opment Corporation had nonethe­ required no further study. tions for its proposal, its details are less started a $2 million feasibility ULURP Process: The Depart­ available at: http://neighbors.colu­ study to determine if any of the ment of Small Business Services, as mbia.edu/pages/manplanning/in buildings could be saved. Initial lead agency, issued a negative dec­ dex.html. results showed the smaller build­ laration on May 16, 2005. Commu­ ings beyond repair. nity Board 2 and Borough President Fort Greene residents and Marty Markowitz approved. CITY PLANNING COMMISSION preservationists, testifying in oppo­ CPC: Brooklyn Navy Yard (C 050463 sition to the transfer, complained PQK); (C 050464 PPK) (September 28, Disposition of City property that the Commission's approval was 2005). CITYADMIN Brooklyn Navy Yard a de facto approval of the complete demolition of Admiral's Row. They Transfer of historic Admiral's proposed that the Commission BOARD OF STANDARDS & APPEALS Row approved place a moratorium on their demoli­ tion or completely sever Admiral's Appeal Commission approved 34-acre Row from the proposed transfer to East Village, Manhattan transfer to the Brooklyn Navy Yard allow an open round of private pro­ Development Corporation. The BSA rejects developer seek­ posals for their rehabilitation. Department of Small Business Ser­ ing a dormitory use permit Commissioner Irwin Cantor vices and DCAS proposed to questioned Gary Hattem, testifying acquire and transfer an additional Developer planned a 19-story in opposition for the Historic Wal­ 34 acres to the Brooklyn Navy Yard dormitory building without an labout Association, as to whether he Development Corporation to be existing school affiliation. BSA could organize a group to complete added to the 262-acre area current­ denied developer Gregg Singer's a study on the usability of the build­ ly under its management. A majori­ appeal froma Department ofBuild­ ings. Hattem claimed that a group ty of the area to be transferred, 28 ings determination rejecting from Pratt would donate its services acres, contains the former U.S. Singer's application to build a 19- if access were provided. Navy's Hospital Annex. The remain­ story, 222-unit student dormitory ing six acres, currently owned by the On September 28, 2005, the building on the site of former P.S.64, U.S. National Guard, contain Admi­ Commission unanimously approved located at 609 East 9th Street in the ral's Row, eleven former officer's the transfer. Responding to the EastVillage. Singer had acquired the homes that were constructed discussion of Admiral's Row, the five-story, former elementary between 1864-1 90l. Commission noted that the federal school from the City for $3.15 mil­ government's earlier determina­ lion at a 1998 auction. The existing At the Commission's public tion that the buildings could be building served as a school until the hearing, David Lowin, Vice Presi­ dent of the Brooklyn Navy Yard Development Corporation, esti­ mated that 99 percent of the current area under its management is fully leased for light industrial and com­ mercial uses, adding over 4,500 jobs to the New York City area. Although specific plans for the added 34 acres have not been finalized, Lowin explained that its use would be lim­ ited to light industrial. Lowin added that a 1986 study found several of the homes along Admiral's Row eligible for the National Register of Historic Places, but that they were deteriorated beyond rehabilitation. Ultimately, the federal government concluded that the buildings could be demol­ ished if a photographic survey was Proposed dormitory construction rejected for site of p.s.64, vacant since 200l. Photo: Kevin E. Schultz. completed to mitigate the demoli-

152 Vo lume 2 CITYLAND Novemb er 15, 2005 1970's, after which it housed the CHARAS/EI Bohio community cen­ BSA PIPELINE ter. The auction sparked three years of litigation through which CHARAS Ne w Applications Filed with BSA - Sept. 24 - Oct. 31, 2005 tried, but failed to regain control of APPLICANT PROJECT/ADDRESS DESCRIPTION APP.# REPRESENTATIVE the property. VARIANCES The property is located in a Vestry Acquisition 31-33 Vestry St., MN Erect 9-story res. building 297-05-BZ Fredrick A. Becker residential zoning district (R7-2) Adoo E. 102 St 428 E. 75th St., MN Legalize phys. culture est. (gym) 303-05-BZ Eric Palatnik, P.C. and is subject to a deed restriction Douglas Brenner 26 E. 2nd St, MN Vary rear yard 313-05-BZ Sheldon Lobel, P.C. limiting it to community facility 262 Atlantic Rlty. 262 Atlantic Ave., BK Transient hotel (bulk, height) 302-05-BZ Sheldon Lobel, P.C. use. Singer applied to Buildings to R. DelliGatti 10-33 Burton St., QN Vary floor area, open space, yard 291-05-BZ Joseph P.Morsellino construct a student dormitory, a Pafos Realty Corp. 53-03 Broadway, QN Erect 6-story bldg. (mixed use) 309-05-BZ Gerald Caliendo, RA 8888 N. Blvd. Corp. 82-24 Northern Blvd., QN 312-05-BZ Sheldon Lobel, P.C. permitted community facility use, Legalize phys. culture est. (gym) P.Pappalardo 1390 Richmond Ave., SI Erect 2-story bldg. (rest/office.) 298-05-BZ Rampulla Associates but Buildings denied his applica­ Diggy's LLC 862 Huguenot Ave., SI Enlarge bldg. (2 stories) 315-05-BZ David Businelli, AlA tion on March 21, 2005 based on SPECIAL PERMITS/OTHER ACTIONS Singer's failure to submit enough information to establish "an institu­ J. Impagliazzo 410 8th Ave., MN Phys. culture est. in C6-3X 301-05-BZ Sheldon Lobel, P.C. 342 Realty, LLC 8751 18th Ave., BK Reduce required parking 293-05-BZ Sheldon Lobel, P.C. tional nexus;" a showing that Raymond Mouhadeb 1670 E. 23rd St., BK Enlarge single-family home 314-05-BZ Fredrick A. Becker required an educational institution Bernard F. Dowd 165-18/28 Hillside, QN Use portion w/funeral parlor 311-05-BZ Joseph P.Morsellino to have some control over the prop­ APPEALS erty evidenced by a deed or lease. Elite 29 Realty 538 W. 29th St, MN 292-05-A Buildings required an institutional Revoke approval Stuart A. Klein Ezra G. Levin 5260 Sycamore Ave., BX Building in bed of mapped street 286-05-A Kramer Levin nexus to distinguish the intended Breezy Point Co-op 47 Graham Place, QN Building in bed of mapped street 205-05-A Zygmunt Staszewski student dormitory use, which is Breezy Point Co-op 9 Bayside Dr., QN Enlarge 1-family dwelling 206-05-A Gary Lenhart, R.A. entitled to a floor areabonus up to a Breezy Point Co-op 22 Pelham Walk, QN Building not on mapped street 283-05-A Zygmunt Staszewski 6.5 FAR, fromother types of housing 32-42 33rd St. LLC 32-42 33rd St, QN DOB permit - cell tower 287-05-A Evie Hantzopoulos that are restricted to an FAR of 3.44. Natalie Lyn, LLC Richmond Terrace, SI Building not on mapped street 208-05-A - Stadtrnauer Bailkin 282-05-A Singer objected to this require­ EXTEND CONSTRUCTION PERIOD ment, telling Buildings that it was Manuel Scharf 202-206A Beach 3 St, QN DOB permit #402190883; 306-05-BlY Stuart A. Klein illegal to deny a permit based on a 402190865 402190847; supposition that the building would 402190856; 402190874 be used illegally in the future for res­ VIP Dev. of NY 606 Seagirt Ave., QN DOB permit #402204011 307-05-BlY StuartA. Klein Mark Moskowitz 712/714 SeagirtAve., QN DOB penmit #402172246; 308-05-BlY Stuart A. Klein idential use, and filedan appeal with 402172251 BSA. Singer argued that Buildings lacked the power to require an insti­ require proof of institutional con­ ber Deborah J. Glick and Congress­ tutional nexus between a dormitory trol and conditions on the manage­ woman Nydia Velazquez; members and an educational institution; that ment and rental of the dorm could of Community Board 3, the East Vil­ Buildings lacked the power to be set later in the C of O. Glen fur­ lage Community Coalition, and the require Singer to substantiate dor­ ther testifiedthat Singer planned to adjacent condo building Christodo­ mitory use as a pre-condition to per­ runthe proposed dormitory through ra House. mit's issuance; and that Buildings a not-for-profit, which would lease BSA rejected Singer's argu­ was imposing a documentation space in the building to a variety of ments and upheld Buildings' denial requirement greater than it had schools as needed. of the permit application, finding imposed on other applicants. Commissioner Joel A. Miele that the requirement of institutional At the August 16, 2005 BSA expressed his fear that the City control prior to issuance of a permit hearing, Buildings' Deputy General could be signing off on a building was necessary in light of the com­ Counsel Felicia R. Miller testified that could turn into a "white ele­ munity facility use floor area bonus. that Buildings could not issue a phant" if no schools were interested Without some proof of an affiliation, permit based on Singer's claim that, in leasing it. Glen replied that it was a developer would receive a windfall. following construction and before not Buildings' role to hypothesize BSA also ruled that Buildings' pre­ the certificate of occupancy, some on whether a building built as of permit requirements were a reason­ qualified institution would emerge. right would fail economically. able exercise of its authority and Singer's attorney, Jeffrey E. Glen, Several witnesses testified in were consistent with the language of argued that a "college or school stu­ opposition of the proposed dormi­ the Zoning Resolution. dent dormitory," as defined in the tory, including Council Member Since the filing of Singer's Zoning Resolution, does not Margarita Lopez, Assembly Mem- appeal, Buildings enacted a rule

No vemb er 15, 2005 Vo lume 2 CITYLAND 153 clarifying the requirements to establish student dormitory use. The rule, which became effective June 15, 2005, requires proof of an institutional nexus.

BSA: 609 E. 9th Street (95-05-A) (Octo­ ber 18, 2005) (Jeffrey E. Glen, for Gregg Singer; Felicia R. Miller, for Buildings; Howard Zipser, fo r Christodora House) . CnYADMIN

CITYLAND Comment: On October 18, 2005, the Landmarks Preserva­ tion Commission calendared P.S. 64 for a designation hearing. Singer, however, had already obtained permits to demolish cer­ tain parts of the building's facade and can act on those permits even if P.S.64 is landmarked. ted the original permit applications, 350 West Broadway, a 8,264-square­ photographs, cost estimates and, in fo ot lot in SoHo between Grand and BOARD OF STANDARDS & APPEALS some cases, contractors' affidavits Broome Streets, proposed to purporting to establish that the per­ expand a vacant two-story building Building Permit mits were granted and substantial into a ISS-foot tall, 13-story, 41,320- Bensonhurst, Brooklyn progress was made on each devel­ square-foot mixed-use building opment prior to the June 23rd with retail and residential uses. Bensonhurst developments enactment of the new zoning rules. win grandfathered status In support of a variance, Siba State Assemblyman William argued that the shallowness of the Colton, the representative for Ben­ Fo ur developments exceeding lot resulted in inefficient and sonhurst, and Brooklyn Communi­ wning get green light to proceed over impractical floorplates fo r any per­ ty Board 11 opposed all fo ur appli­ communityob jection. In June 2005, mitted commercial use. Showing cations since the projects would the City Council rezoned 120 blocks that the area's typical bedrock levels exceed the new zoning. BSA of Bensonhurst, Brooklyn, remov­ are between 60 and 80 feet, Siba fur­ approved all fo ur applications, find­ ing the ability to construct large as­ ther argued that the 114-fo ot depth ing that the permits were valid and of-right residential towers without of bedrock under the site required over 60 percent or more of the foun­ any height limit along Benson­ additional construction costs that dations were complete in each case. hurst's smaller residential streets. 2 constituted an unnecessary hard­ CityLand 86 (July 15, 2005) . BSA: 1669/71 West 10th Street (166-05- ship. Siba proposed to reinforce the Four developers with projects BIT) (October 18, 2005); BSA: 103 original structure rather than underway timely sought BSA's Quentin Road (l67-05-BZ¥) (October 18, demolish it because the unique soil approval to grandfather their devel­ 2005); BSA: 6422 Bay Parkway (168-05- conditions would make demolition BZ¥) (October 18, 2005); BSA: 6210-6218 opment plans and allow construc­ cost-prohibitive. 24th Avenue (169-05-BZ¥) (October 18, tion to proceed on buildings that Upon BSA's suggestion, Siba 2005) . CnYADMIN violated the new down-zoning. The submitted alternate designs fo r a fo ur projects included a 20-unit, five­ hotel and reduced-height-residen­ story structure at 62 10 24th Avenue, BOARD OF STANDARDS & APPEALS tial projects with enlarged floor a 12-unit, five-storydevelopment on plates, which BSA believed would We st 10th Street between Quentin Va riance be more in scale with neighboring Road and Avenue P, a six-story buildings. Siba's analysis deter­ SoHo, Manhattan mixed-use project at 6422 Bay Park­ mined that a hotel would not be way, and a 20-unit, seven-story ProposedWest Broadway fe asible because certain fixed costs structure at 103 Quentin Road. buildingapproved at stories associated with hotel operations 11 Hearings on the fo ur applica­ would not allow fo r a reasonable tions were held on September 20, BSA -requested alternate design return given the small number of 2005. The developers each submit- approved. Siba Re LP, the owner of hotel rooms that could be accom-

154 Vo lume 2 CITYLAND No vember 15, 2005 modated on the site. However, Siba sidewalk and street. because the residentially-zoned determined that an 11-story resi­ On October 13, 2005, 2113 site contained a use prohibited dential/retail building with withdrew the application. The under the current zoning. enlarged floorplates would realize a owner's attorney did not respond to BSA denied the application, reasonable return. CityLandwhen contacted. finding that the buildings, con­ Community Board 2 recom­ When asked to comment on structed in 1950, were not obsolete mended approval of the application, the application, BSA stated that or "of a different era" as Sutphin but requested that the first floor not prior to the withdrawal, 2113 never argued. Since Sutphin planned to be occupied by a bar or restaurant. presented a development analysis demolish the buildings, arguments BSA determined that an as-of­ of an as-of-right residential project, based on the buildings' obsoles­ right development would not pro­ failed to address Buildings' concern cence were irrelevant. BSA also vide a reasonable return and ' that one of the proposed uses was denied that either the $32,000 dem­ approved the alternate II-story not permitted without a waiver, and olition cost or the one-time building, finding that it would not insufficiently addressed whether $340,000 remediation cost were alter the character of the neighbor­ the character of the neighborhood substantial enough to create a hard­ hood. BSA's approval was granted changed since the. 1950s BSA grant ship when a code-compliant resi­ on the condition that Siba prohibit that authorized the construction of dential building would cost over $8 eating and drinking establishments an existing garage building. million to build, and questioned on the first floor. Sutphin's $1.1 million site valuation. BSA: 338 East 109th Street (41-04-BZ) Sutphin submitted comparables BSA: 350 We st Broadway (29-05-BZ) (Dominick Answini, Sheldon Lobel, based on 6,000-square-foot sites (October 18, 2005) (Stephen J. Rizzo, for P.c., for 2113 First Ave nue, LLC) . while Sutphin's site was over 20,000 350 West Broadway) . CrTYADMIN CrTYADMIN sq.ft. BSA also noted that it had never found hardship existed on a BOARD OF STANDARDS & APPEALS BOARD OF STANDARDS & APPEALS site solely because a site contained a non-conforming use under the Variance Variance current zoning. East Harlem, Manhattan Jamaica, Queens BSA: 111-02 Sutphin Boulevard (299- 04-BZ) (October 18, 2005). CrTYADMIN Harlem car wash owner BSA denies variance to allow withdraws application retail in Queens BOARD OF STANDARDS & APPEALS Owner sought to legalize 'car BSA rejected owner'ssite valua­ wash, auto-lubrication station and tion and claim that buildings were Variance accessory retail building. 2113 First of a "different era." Sutphin Boule­ Mill Basin, Brooklyn Avenue, llC, owner of two lots used vard LLC, owner of three adjacent fo r auto-related uses located at 338 lots in a residential district totaling Va riance approved for Mill East 109th Street in a residential dis­ 24,649 sq. ft., sought to demolish Basin synagogue trict,sought a variance to legalize the fo ur buildings housing auto-service existing car wash, auto-lubrication and auto-storage space on one of its Community opponents raised station and accessory retail building. lots and construct a one-story issues ofparking and buildingheigh t. In its application to BSA, 2113 12,005-square-foot retail building Sephardic Center of Basin pro­ Mill represented that the oddly shaped spanning the three lots. The site, at posed to construct a new 10,800 lots and residential zoning made Sutphin Boulevard and IIIth square-foot, two-story synagogue to as-of-right development infeasible Avenue in Queens, has contained replace its 20-year old, 6,800-square­ and that parts of the premises have an auto-service station since 1931 foot synagogue on the corner of been used fo r auto-related purpos­ under a City approval that BSA Strickland and Avenues in Mill Mill es fo r over 75 years. The developer extended 1980. Since 1980, the Basin, Brooklyn. proposed, the until As also argued that the auto uses pro­ service station has operated with­ new synagogue would exceed the vided an economic benefit to the out approval. permitted floor area by 5,384 sq.ft., neighborhood. In its variance application, exceed the district's permitted height Manhattan Community Board Sutphin argued that the existing by seven fe et and fa il to provide suf­ 11 urged BSA to reject the variance, buildings were obsolete and demo­ ficient parking. complaining that the car wash cre­ lition and remediation costs made The Center claimed that the ated traffic congestion, vehicles as-of-right residential construction height limitation created a hardship blocked access to the sidewalk, and cost-prohibitive. Sutphin also since the synagogue needed a dou­ cleaning solutions drained onto the claimed that a hardship existed ble-height worship area that would

No vember 15, 2005 Vo lume 2 CrTYLAND 155 allow the men on the lower level and

Landmarks. Actions Ta ken in Sept. -Oct. - the women on the upper level to ".,. , FINAL PERMIT TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS view the rabbi fromsegregated pray­ ing areas, The Center also claimed ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP'D that it needed additional space for September 27, 2005 1234 Broadway, MN Grand Hotel Install windows 06-1679 Yes segregated immersion pools, sepa­ rate dairy and meat kitchens, private ...... 30 Rock. Plaza, MN .....Hanover ...... Trust _..... Building...... Install signage ...... _. 06-1683 W/Drn 115 South St, MN South Street Seaport HD Install infill,signage 06-1330 Yes offices and a large events space. 06-1244 ...... 181...... Duane...... St,...... MN ...... Tribeca...... West...... HD...... _ ... Install. ... infill,...... can...... opy,...... signage W/Mod BSA requested that the Center . . . _ . . - 25 W. Houston, MN SoHo-Cast Iron HD Legalize rooftop pergola, fence 05-8476 No consider lowering the cellar floor to No ...9... Christopher,...... MN...... Greenwich Village HD Legalize security gate 05-1658 ...... - reduce the building's height while still

24 W. 23rd St, MN . · · Ladies'· · Mile HD · · ··· · · ··· · · Legalize ftagpole 05-4165 No .. · · · .. . · · · · · ·· .. · ..·· .. .. · preserving the needed segregated · . ·· ····· i ·· ··· ·" 117 E, 69th St, MN Upp�; E��t sid� D At�� �·;��;�: i��t�ii �ft 06-0100 Yes H praying areas. response, the Center In 1-7 E. 77th St, MN Upper East Side HD ...... Replace...... M...... windows ...... 05-8722...._ . ._ .. ..M_._._ .. _W/Drn...... __... _ .. . _ ...... _ . .. .. argued that the water table would not ...... 880...... Fifth...... Ave.,...... MN...... Upper...... East Side...... HD... Master plan (air conditioners) 05-8127 Yes ...... _ ...... accommodate a lower cellar. 450 Amsterdam, MN Upper West Side / CPW HD Legalizeinfill, security gates 05-6089 Yes Community Board 18 and sev­ 1392 Lexington, MN Carnegie Hill HD Install storefront, signage .. .06-1582...... _ ...... - W/Drn. _--_ . . .. ············ .. .. _ ...... 826 Manhat Ave., BK G;���p�i�t HD ...... · · I��;;;li ��;::;�t�;�t;;;nt 05-7688 Yes eral local residents opposed, citing 430 Grand Ave., BK Clinton Hill HD Reconstruct building 06-1689 Yes parking concerns during large 342 Grosvenor, QN Douglaston HD Construct addition 05-8836 Yes events. The Center submitted data

...38-...... 73.. . Douglaston,...... QN...... Douglaston...... HD Construct 2-story outbuilding 06-1688 Yes ...... - to show that 78% of congregants 2005 October 11, regularlywalk to services.

...... 81 Mercer,...... MN ...... SoHo-Cast _ ...... Iron ...... HD Legalize security gate, booth .. 06-0322 In Part . . BSA approved the new facility 600-602 Broadway, MN SoHo-Cast Iron HD Replace sign 06-1180 Yes on condition that the Center not 116' Fifth A��:: MN - Ladies' Mile HD · i�;rt�li ii�gp�i��: b����;; 06-1667 W;D;� use its sanctuary spaces and multi­ 710 Park Ave., MN...... Upper...... East...... Side...... HD...... Replace...... balcony...... enclosure...... 05-6730...... W/Mod _...... 995 Fifth Ave., MN Metropolitan Museum HD Rooftop addition, planting beds 05-4905 Yes purpose room simultaneously, 150 Riverside, MN West End HD i��;;;li ����rity ;;;;;;;�;;;� '05:8792 · · W;D;�- which would bring the total occu­ 2005 October 18, · · ·············· ···· ··· ········ ······· · ·····...... pancy to over 1,140 people. ·· · · · ·· · · · : · · ··· ·· ········· ·· · · ···· ·· · % · .... , ii ;;; '06 144 y�� - Ri�;;id� P;;;k: MN Ri��;;id� P;;rl< Drive I��;;; ��;::; p�ih � 0 BSA: 6208-6216 Strickland Avenue (326- 253 W. 125th St, MN Apollo Theater Install finishes, signage 06-0241 Yes 04-BZ) (October 18, 2005) (Fredrick A. 5:7W;;it� St: MN· · Trib�� E��t HD L�g;;li�� �t�;�ir��t;; 05-1627 In Part Becker, fo r Center) . CrTYADMIN

38-42...... Commerce,...... MN...... Greenwich...... Village...... HD...... Install...... doors,. marquee, signage 05-8077 Yes . . . . . 79 Fifth Ave., MN Ladies' Mile HD Install infill,canop y, banners 35 W. 20th St., MN Ladies' Mile HD Install infill 05-9035 Yes LANDMARKS PRESERVATION Install infill 05-5040 W/Mod COMMISSION 161 E. 71stSt,MN Upper East Side HD Construct yard, roof additions 450 Amsterdam, MN Upper West Side / CPW HD Replace storefront 05-7762 Yes Designation Hearing

20 E. 94th St., MN Carnegie Hill HD Install railings, alter yard . _ _ 05-6654 Yes ...... Greenwich Village, Manhattan 182 St. John's, BK Park Slope HD Construct yard addition 05-7212 Yes 473 14th St, BK Park Slope HD Alter facade 06-110.9 Yes Landmarks holds hearing on

230 Washington, BK Clinton Hill HD .. Legalize sidewalk . 05-7612... . No ...... Far West Village District ...... - .. . 164-168 Atlantic, BK Cobble Hill HD Construct rooftop addition 05-6405 Yes October 25, 2005 Supporters urged more inclusive 253 Broadway, MN Home Ufe Insurance Bldg. Replace windows 06-2341 Yes ...... designation. On October 18, 2005, 06-0881 237 W. 51st St., MN Mark HeliingerTheater Replace marquee W/Drn Landmarksheld a hearing on the pro­ 6 Wooster St, MN SoHo-Cast Iron HD Install infill, door, light; 02-2639; W/Mod Modifyuse 02-5868 Yes posed expansion of the Greenwich SoHo-Cast Iron HD 515 Broadway, MN ...... _ .. .Legalize...... infill...... 06-2321...... _...... W/Mod Vi llage Historic District and creation ...... 35 E. 68th St., MN Upper East Side HD Demolish & construct addition 06-2352 Yes of a new historic district along We e­ 39 E. 75th St., MN Upper East Side HD Alter areaway 06-1393 W/Drn hawken and West Streets in Manhat­ 61 E. 77th St., MN Upper East Side HD Alter areaway 05-4205 Yes tan. proposed, the Greenwich VIl­ 29 W. 75th St, MN Upper West Side / CPW HD Reconstruct stoop 05-7326 W/ Drn As lage Historic DistrictExtension would Yes ..... 120...... W...... 86th...... St,...... MN ...... Upper...... West...... Side / CPW HD . . . Rooftop...... addition,. new. cornice 06-1735 ...... _ ...... _...... _...... add 36 buildings within the three­

...... 962...... Madison...... Av....e.,...... MN...... Upper...... East...... Side .. ... HD Legalize gate, awnings 04-6224 W/Mod ...... block area bounded by Perry, Wash­ 988 Fifth Ave., MN Metropolitan Museum HD Construct rooftop addition 06-0199 W/Mod Pend. 5 E. 81st St., MN Metropolitan Museum HD Construct yard addition 05-0168 Yes ington, Christopher and Greenwich 1080 Fifth A��., MN - C�;���� HiiI HD Construct addition 06-1794 Yes Streets. The newly proposed We e­ 1145 Park Ave , MN Camegie Hill HD Rooftop, yard additions 06-0777 Yes hawken Street Historic District would . 6 405 Pacific St., BK ii��;�;;; Hiii HD C���tr�ct ;��; y;;;d �d-di��� '0 -0935 W;D;� encompass 14 commercial and resi­ 160 Bond St., BK Boerum Hill HD Legalize entrance door 05-8723 No dential buildings along the block

156 Vo lume 2 CITYLAND No vember 15, 2005 bounded by We ehawken, We st, spoke in favor of the designations. approved the change of use applica­ Christopher and We st 10th Streets. Landmarks hold a second tion, allowing Moore's planned resi­ will At the Landmarks hearing, public hearing on the proposed dential conversion to proceed to the Assemblywoman Deborah J. Glick designations in December. Planning Commission for approval. spoke in support of the designations, LPC: Greenwich Village Historic Dis­ LPC: 157 Hudson Street (COFA# 06- but requested the expansion of the trict (LP-2 184) (October 18, 2005); Wee­ 2138) (September 26, 2005). CrTYADMIN districts to include more structures hawken Historic District (LP-2183) on Charles Street and the Superior (October 18, 2005). CrTYADMIN factory at 70 Bethune Street.Glick Ink COURT DECISIONS emphasized that Landmarks should LANDMARKS PRESERVATION act quickly to halt the "gold rush" into Buildings COMMISSION the We st Vi llage by developers. Yo rkville, Manhattan Andrew Berman, of the Green­ Certificate of Appropriateness wich Vi llage Society fo r Historic Preser­ Building owner faulted fo r Trlbeca,Manhattan vation explained that the community not clearing vacate order ' had been advocating fo r almost 40 Former stable inTr ibeca to Rent-stabilized tenant been years fo r an extended historic district. had get rooftop addition forcibly removed from apartment af ter Berman asked for the addition of 389 structural weakness was discovered. West 12th Street, noting that it is the New residential units planned After receiving complaints that 223 oldest industrial building along the for Hu dson Street Building. Peter East 96th Streetwas shaking, an HPD Greenwich Vi llage Waterfront and is in Moore Associates applied to Land­ inspector observed cracks in the rear jeopardy of demolition. marks to convert the fo rmer Ameri­ wall caused by construction taking Both the Superior fa ctory can Express Building at 157 Hudson Ink place on the building next door. and the 389 We st 12th Street factory Street in the Tribeca North Historic In August 2004, the Department of are proposed fo r demolition and rede­ District to residential units and to Buildings determined that the build­ velopment. Approval of the proposal construct a three-story metal and ing was unsafe and issued a vacate to replace the Superior factory glass rooftop addition. Moore's pro­ Ink order. Police and firefighters forcibly with a large residential development is posal included plans to renovate the removed Thelma Farrell, an 81-year­ currently pending before BSA facade of the 1866 Renaissance old, rent -stabilized tenant from her Revival style building, which had The Historic Districts Council, rear apartment and took her to Lenox originally served as American the Society for Architecture of the City. Hospital. Later, Farrell was trans­ and the Municipal Society also Express' stable when it operated an Hill Art fe rred to a nursing home where, as of express delivery service. More October 2005, she still remained. recently, the building housed various Farrell sued the owner of the nightclubs, but now it sits vacant. building, E.GA. Associates, Inc., to At the original hearing, Land­ compel it to correct any outstand­ marks expressed concern over the ing violations and take the neces­ three-story height and visibility of sary steps fo r Buildings to rescind the addition. After Moore reduced the vacate order. At trial, a Buildings the addition's height to two stories, inspector testified that the con­ Landmarks approved, finding that struction company working next the addition would be minimally door had shored up the rear wall visible from the street and would not with beams, and all that was diminish the architectural and his­ required fo r Buildings to rescind the torical character of the building or vacate order was fo r E.GA. to sub­ the historic district. Landmarks also mit an engineer's report attesting to the stabilization and fo r Buildings LAND MARKS PIPE LINE to make a final inspection. E.GA. countered that it was economically infeasible for it to rehabilitate the Designlltions- October building and that it would cost NAME ADDRESS AcnON DATE more than the building was worth. P.S. 64 605 E. 9th St., MN Calendared 10/ 18/2005 ...... _...... ,_ .. , ..._. __ _...... __ ...... •....••.....••...••.....••. _...... On October 4, 2005, Judge . t . 40 2404.. MN .. H.ear " ... - l_ ::St.�e .w�:�a!r.�.. ..�&� . o..�.:�� :: .. __ ._.... _...... _. .._ ...... :�.::::::.-.. .::.:.: .. ::.::: ...... _.. _ ...... _...... ;; ?...... _... _ ... _ � �C: �.: ...5 :.th� ::.:: : .�:.: 2 ParkAv enue. . . . _ . .. d .. _.�.�L1.�(_2.?��_ Gerald Lebovits ordered E.GA. to ...... _. _.. .___ _._ ._ ...... _. .�� _. __. . __ ._.._. . . ._ _ ... Weehawken St HD ... .. - .....Manhattan2. �.� .��::, � .�_. Heard� r ��t!�!.3�9.� correct any outstanding violations ...... "-" '''--''''''''-'' ...... _ .. ... _...... Greenwich Village HD.. - ...... - Manhat- tan Heard 10/18l°(��Eo.o.�/2005 _ within 24 hours of receiving the

November 15, 2005 Vo lume 2 CITYLAND 157 ,. court order and insure that Build­ � cnYADM IN �� -,�� ings rescind the vacate order. Judge B .• � Ded&lons on www t· . .cltyIaw.org Lebovits ruled that stabilization of .. AGENCY NUMBER OF YEARS ..= !� .' 1.1 ' i j l NAME DECISIONS AVAIlABLE the structure, not rehabilitation, ' _1 .· ...k.. b I�i... ':.l.' ,�, was required to rescind the order BSA 1,713 2002·Present ' "...--",- and that E.G.A.'s testimony on �I • Council 1,022 2002·Present tJ CPC 472 2003·Present costs of rehabilitating the building =.�"':;:f- was irrelevant. The court conclud­ ..-t' . r�i DOB 61 1999·Present "�� I" \� ;/.:j ,l-.'. L::-""': Landmarks 1,118 2003·Present ed that E.G.A. was erecting road­ �2. � II .,� Loft Board 1,239 1996·Present blocks to prevent Farrell and other , � lro 1-4 ; CITYADMI'Jindica tes a decision is available at citylaw.org rent-regulated tenants from •_0 •• _0 •• ...... ,��.:. L ...... - ...... - .. � ._.. _.... , .. -...•...... _ ...... _ ... _. __ ...... _.... __ ...... - returning to their homes. tl Infonnation on the website is provided free supportwith of. dtZ.... Manatt, Phelps Phillips, LLP - . & v. EGA Assoc., Inc., 9 Misc. 3d The Community Trust Farrell Gifford Miller, Speaker, New York City Council Il18(A), Oct. 4, 2005 (N.Y.City Civ.Ct.) --- Weil, Gotshal & Manges LLC (Levovits, J.) (Attorneys: Rita Tartaglia, 223 E. 96th St. building with partialvacate Gibson, Dunn & Crutcher 1. ord er. Photo: Kevin E. Schultz. for Farrell; Jason S. Garber, for EGA). Charles H. Revson Foundation

New Decisions Added to www. citylaw.org - October 2005*

CITY COUNCIL

RES. NOS. PROIEcr DESCRIPTlON DAlE

1200·1201 Staten Island Comm. Overlay, SI Zoning map change (eliminate commercial overlay) 10/11/2005

1202 Morris Park Rezoning, BX Zoning map amendment 10/11/2005 ... _. .._ .. _.. .. _... _ ... _. .. _.. __.. ... _._--_.. _... _...... _ ... _ ... _... _... _...... _ ...... _ ...... _... _.. __... _- ....._ ...... _...... __ .. _... _.... _ ...... _...... _.. _ 1203 Jamaica Ave. School, QN Site plan approval 10/11/2005 .._ .... _._._..... __. -.... __ .. _-... _...... _ .....•._ ... _ ..._ .. 1204 Burke Plaza, BX UDAAP by HPD (40 units) 10/11/2005 ...... _ ...- ...._ ... _ ... - 1205 254 E. 125th St, MN UDAAP by HPD (1 lot) 10/11/2005

1206 Far WestVillage Rezoning, MN Zoning map change 10/11/2005 ...... _ ...... - ...... _..._...... -...... _ ...... 1207 E. 176th St. Rezoning, BX Zoning map amendment (Ml·2 to R7·1) 10/11/2005 ...... _ ...._._ ... __ . ...._ ...... _ ...... _.. _...... - ...... _.. _ .. _ .. . _...... _ .... _...... _ ... 1208 81 W. 172nd St,BX UDAAP by HPD (1 lot) 10/1 1/2005

1209 106-03 Metropolitan Ave., QN Sidewalk cafe 10/1 1/2005 ...... _...... 1210 801 Neill Ave., BX Withdraw housing finance application 10/1 1/2005

t1211 Ocean Dreams, BK Zoning map change (for 313·unit building) 10/11/2005 ..... _. .._ ...... _._._._-_.. _ .._._--_ .. ._ ...... _. ._ .. ._ .. _ .....__ ._ .. _.. ._ .. . _.... ._ . ._ . . _.. _ ...... _ ... -... _. ... _...... _...... _.. _ .._ ..._ ... . . - ...... _. .. ._ ...... _--_ ...._ . .... _. .._ .. . __. . _. . ... 1212 Riverdale·on·the·Hudson, BX Zoning map amendment (Rl·2 to Rl·1) 10/1 1/2005

1226 Jamaica Savings Bank, QN Disapprove landmark designation 10/27/2005

1227 Greenpoint Historic District, BK Landmarkhistoric district designation 10/27/2005 ...... _.. _ . ... _. .. _ .....__ ...... -...... _ ..... _.. _. .... , .._._ .. -..._ .._.-.-, 1228 RitzTowe r, MN Landmark designation 10/27/2005

1229 Church of the Tra nsfiguration, MN Landmark designation 10/27/2005 ._- --_...... _-_ .._._ .._._ ...._ .. ._. __ .._ . .._ ...... _--_ ...... __ ... _ ...... __ ...._-_ .._ .... _ .. . _- ...._ .. -...._. __ ..__ ._._ .. _. __.. _._...... _ .. .. _...... _ . 1230·1231 Dekalb Ave. Rezoning, BK Zoning map amendment (M1·5 to R6); remove restrictive declaration 10/27/2005 ...... _...... _.. __._ ...... _.-.._ .. -.-...... - ..... _. ._ .... . 1232 37·01 30th Ave., QN Sidewalk cafe 10/27/2005

1233 Plaza Hotel interiors Landmar1< designation 10/27/2005

1234 113 7th Ave. S., MN Disapprove sidewalk cafe 10/27/2005

1235 H. Harding Expwy. Rezon., QN Map amendment (legalize comm. use) 10/27/2005

1236 Staten Island Comm. Overlay, SI Zoning map change (eliminate commercial overlay) 10/27/2005

CITY PLANNING COMMISSION

PROIEcrNAME DESCRIPTlON lOCAnON UWRP ' DATE

Far West Village Zoning map amendment MN 2 C060oo6ZMM 9/26/2005 ... , ...... _ ...... , .. __ ...... _ ...... -._ ...... Riverdale·on·the·Hudson Zoning map amendment (Rl·2 to Rl·l) BX 8 C050480ZMX 9/26/2005 ...... -...... _._ ...... _ ... _ ... _-_._. .-_ .... - ...... _. .._ .. .. -...... _ ... __ .... _._ ....- ...... _.. ._ ... _._ ...... _ ..._ ...... _ ...... _ ...... Morris Park amendment BX 11 C050442ZMX 9/26/2005

465 Broadway Special penn it (90·space garage) MN 2 C050220ZSM 9/28/2005

RitzTo wer Landmark Report to council on designation MN 5 N030197HKM 9/28/2005 ...... _ .._ . .._ ...... _. .._ ...... _ ..... _ ...... -._ ...--_ ..._ ...... -.. -.- ...... _._._.. ._ ...._ ... _--_...... _-_._ ...... - ... _. ._ ... _ . .. -...._ ... _ .... _...... _ . ... _. ..._ ... _..... _...... _...... _ ...... _ ... _... __ ...._. __...... _ ...._ .. _ .... _._...... - Church of the Tra nsfiguration Report to council on designation MN 5 N060072HKM 9/28/2005 Greenpoint Historic District Report to council on designation BK 1 N830234AHKK 9/28/2005

Brooklyn Navy Yard Acquisition/disposition of property BK 2 C050464PPK; 9/28/2005 C050463PQK

Myrtle Avenue Apartments UDAAP by HPD (33 low·income units) BK 3 C050503HAK 9/28/2005 ... _...... _...... _.... - ...... __ ...... _.. -...... _ ...... _...... -...... " ... --_ .... - Horace Harding Expwy.Rez oning Zoning Map Amendment (R3·2 to C2·3) QN 7 C050190ZMQ 9/28/2005 .. _- ..__ ...... - •...... _ ....- ...... _...... _...... __ ..._-_ . ._ . ._ .. --.. .._. .._ . ... _.. _.. _ .... __...... _ ...... _ . .. _.. _._.. ...-...... _._ .... _... - ..__ .. _ ...- ... --_. ._._-_ ...... __ ...... _-_ ..... _...... _..... NYPD Auto Crime Office Space Notice of intent to acquire property QN 7 N060100PXQ 9/28/2005 NYPD ueens Narcotics Office Notice of intent to acquire office space N7 N060099PX 9/28 2005

'Bold indicates the decision is covered in this issue. The symbol t indicates that the decision was covered in a previous issue.

158 Vo lume 2 CITYLAND No vember 15. 2005 BOARD OF STANDARDS & APPEALS

ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

Extend special permit term (gym) App'd

LANDMARKS PRESERVATION COMMISSION

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP'D ISSUED

CERTIFICATE OF APPROPRIATENESS

647Fifth Ave., MN George W. Va nderbilt Res. 06-2546 Yes

OWNER SITE GROSS FlOOR AREA (SQ. FT.) STO RIES/HT.

'Bold indicates the decision is covered in this issue. The symbol t indicates that the decision was covered in a previous issue.

No vember 15, 2005 Vo lume 2 CITYLAND 159 Th e Center fo r Ne w Yo rk City Law New Yo rk Law School 47 Wo rth Street Ne w Yo rk NY 10013 -2960

UPCOMING EVENTS

CITYLAW BREAKFAST SERIES 2005-2006

TUESDAY, NOVEMBER 22, 2005 The Honorable Sheldon Silver Speaker, New Yo rk State Assembly "Issues in the Upcoming Legislative Session"

Breakfasts begin at 8:15 a.m. at New Yo rk Law School, 47 Worth Street, New Yo rk, New Yo rk. There is no charge for the CityLaw Breakfast Series, but please reserve a seat at www.citylaw.org or by phone at 212-431-2115. CITYLAND WWW.CIT YLAW. ORG NllllPIAt oOL