October 26, 2017 Margery Perlmutter, Chair NYC Board of Standards and Appeals 250 Broadway, 29th Floor New York, New York 10007 Re: Building Permit No. 122887224-01-NB 200 Amsterdam Avenue (Block 1158, Lot 133) Borough of Manhattan Dear Chair Perlmutter: Submitted herewith, on behalf of the Committee for Environmentally Sound Development (the “Committee”), a not for profit community organization, is an application pursuant to Section 666.7(a) of the New York City Charter and Section 1-06 of the Board of Standards and Appeals (the “Board”) Rules of Practice and Procedure, to request that the Board revoke building permit No. 122887224-01-NB (the “Permit”), issued by the New York City Department of Buildings (“DOB”) on September 27, 2017, for a new building to be constructed at 200 Amsterdam Avenue (Block 1158, Lot 133) (the “Development Site”) in the Lincoln Square neighborhood in the Borough of Manhattan. Revocation of the Permit is requested on the bases that (1) the zoning lot of which the Development Site is a part was improperly formed in noncompliance with the definition of a “zoning lot” in Section 12-10 of the Zoning Resolution and (2) the open space on the zoning lot is in noncompliance with the definitions of “open space” and “accessory use” in Section 12-10 of the Zoning Resolution and the permitted obstructions requirements of Sections 23-12, 23-44, 25-52 and 25-64 of the Zoning Resolution such that the zoning lot does not meet the requirements for open space set forth in Section 23-151 of the Zoning Resolution. Included in this submission are the following items: . Appeal Application Form . Statement of Facts . Affidavit of Ownership . Department of Buildings Final Determination (Permit No. 122887224-01-NB) . Permit Information . Applicable Zoning Resolution Sections . Relevant Case Law . Zoning Map . Tax Map . Plans (Building Permit Zoning Diagram Form ZD1) . Photographs . Zoning Challenge RE\18900\0001\2277143v1 October 26, 2017 Page 2 Also submitted herewith is a check in the amount of $2,460.00 in payment of the BSA application filing fee, pursuant to Section 3.b(2) of the BSA Schedule of Filing Fees for an “all other residences” building permit. Please note that the Permit which is the subject of this appeal was issued by DOB on September 27, 2017. Barring issuance of an injunction, it is anticipated that construction will proceed as rapidly as possible in a “race to the finish line” with this appeal. Accordingly, time is very much of the essence and the Committee and its numerous supporters respectfully requests that the Board’s review of this application be expedited to the greatest extent permissible under the Board’s Rules of Procedure. Please do not hesitate to contact me if you or BSA staff have any questions or require any additional information. Thank you for your prompt attention to this matter. Very truly yours, Frank E. Chaney, Esq. Enclosures cc: Committee for Environmentally Sound Development Amsterdam Avenue Redevelopment Associates LLC Rick D. Chandler, Commissioner, DOB Mona Sehgal, General Counsel, DOB Anita Laremont, Counsel, Department of City Planning Gale Brewer, Manhattan Borough President Helen Rosenthal, New York City Council Member Scott Stringer, New York City Comptroller Brad Hoylman, New York State Senator Linda B. Rosenthal, New York State Assembly Member Richard N. Gottfried, New York State Assembly Member RE\18900\0001\2277143v1 ° 250 Broadway, 29th Floor APPEALS (A) CALENDAR New York, NY 10007 Application Form 212-386-0009 -Phone Board of Standards 646-500-6271 -Fax and Appeals www.nyc.gov/bsa BSA APPLICATION NO. Section A Committee for Environmentally Sound Development Amsterdam Avenue Redevelopment Associates LLC Applicant/ ~~ Owner P.O. Box 20464, Columbus Circle Station c/o SJP Residential Properties, 11 Times Square ~~~ : New York NY 10023 New York NY 10036 ~ ~ ~~ ~~ 212 ~ 877-4394 , ~ ~~ [email protected] , ~ ~~ Section B 200 Amsterdam Avenue 10023 Site Data West side of Amsterdam Avenue between W. 66th Street and W. 70th Street 1158 133 Manhattan 7 NA Helen Rosenthal R8/C2-5 8c ~. Section C Q Variance to Building, MDL or Other Code Q✓ Dept. of Building or other Agency Appeals Application Q Certificate of Occupancy Modification Q Waivers to GCL 35/36 Q Vested Rights 7 122887224-0'!-N B Type Date of Final Determination 9~27~2~ ~ Acting on Application No. ❑ Section D Legalization ❑Yes Q✓ No In part Appeal of issuance by DOB of building permits for a new building at 200 Amsterdam Avenue on the basis that the Description proposed zoning lot does not comply with the definition of a "zoning lot" in Zoning Resolution Section 12-10 and the open space does not comply with the definition of "open space" in Zoning Resolution Section 12-10. Section E if"YES" to any of the below questions, please explain in the STATEMENT OF FACTS YES NO 7. Has the premises been the subject of any previous BSA applicafion(s)......... ...................................... BSA History and Related If yes, Prior BSA No Actions 2. Are there any applications concerning the premises pending before any other government agency?.......... Q Q✓ 3. Is the property the subject of any court action?............................................................................................. Section G 1 HEREBY AFFIRM THAT BASED ON INFORMATION AND BELIEF, THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED /N THE PAPERS ARE TRUE. Signature -~ s /' - SWORN TO ME THIS ~;~ DAY OF C~~~`d~r~2p .,~ ~ ~ ----~~C~AM R. Of Counsel, Rosenberg & Estis, P.C. SANDERS Frank E. Chaney, ESq. ~% ~1~pta Public State Y 0. 3~3}-.~~~~ ~~~~ ~~~ ~ TAFFY PUBLIC ^___~~r~ ..~2SA6a25994 .. ~ - - ~.ommjsston expires Jt~r~e-~-~$~;~/ ~ ~~~ ~'/~ 200 Amsterdam Avenue Manhattan Block 1158, Lot 133 STATEMENT OF FACTS I. Introduction On behalf of the Committee for Environmentally Sound Development (the “Committee”), Rosenberg & Estis, P.C. submits this application pursuant to Section 666.7(a) of the New York City Charter and Section 1-06 of the Board of Standards and Appeals (the “Board” or “BSA”) Rules of Practice and Procedure, to request that the Board revoke building permit No. 122887224- 01-NB (the “Permit”), issued by the New York City Department of Buildings (“DOB”) on September 27, 2017, for a new building (the “New Building”) to be constructed at 200 Amsterdam Avenue (Block 1158, Lot 133) (the “Development Site”) in the Lincoln Square neighborhood in the Borough of Manhattan. The Permit is not a validly issued building permit because the purported “zoning lot” of which the Development Site is purported to be a part, does not comply with the requirements of the definition of a zoning lot in Zoning Resolution Section 12-10. Accordingly, the Permit should – in fact, must be – revoked. II. Background A Declaration of Zoning Lot Subdivision and Restrictions, describing itself as a “Declaration for Subdivision creating Tower and Gerrymander Parcel,” dated April 10, 1987, and recorded in the Office of the City Register, New York County (the “City Register’s Office”), on April 16, 1987, at Reel 1217 Page 1402 (the “1987 Declaration and Subdivision”): (1) declared all of the lots then known as Lots 1, 30, 70, 80 and 90 in Block 1158 to be a single zoning lot, and then (2) subdivided the zoning lot into two zoning lots, consisting of a “Vacant Parcel” zoning lot (presumably the “Gerrymander” parcel) consisting of vacant land made up of parts of Lots 1, 30, 70 and 80, and a “Towers Parcel” zoning lot consisting of the other parts of Lots 1, 30, 70 and 80 and all of Lot 90 (the “Towers Zoning Lot”), and containing four existing 29-story high rise apartment buildings and one existing 42-story apartment building (collectively, “Lincoln Towers”). Concurrently, pursuant to a Declaration of Zoning Lot Restrictions, also dated April 10, 1987, and recorded in the City Register’s Office on April 16, 1987, at Reel 1217 Page 1438 (as amended by an Amendment to Declaration of Zoning Lot Restrictions, dated May 26, 1987, and recorded in the City Register’s Office on June 3, 1987, at Reel 1239 Page 1366 (the “1987 RE\18900\0001\2271853v2 200 Amsterdam Avenue Page 2 Gerrymander Declaration”), the Vacant Parcel zoning lot was merged with Lots 10, 12 and 65 to create an enlarged zoning lot (the “Gerrymandered Zoning Lot”). Also concurrently, two Zoning Lot Development Agreements were executed and recorded, one for the Towers Zoning Lot (the “Towers ZLDA”) and one for the Gerrymandered Zoning Lot (the “1987 Gerrymander ZLDA”).1 Both ZLDAs were dated April 10, 1987 and recorded in the City Register’s Office on April 16, 1987 – the Towers ZLDA at Reel 1221 Page 1970 and the Gerrymander 1987 ZLDA at Reel 1221 Page 1929. For the Gerrymandered Zoning Lot, a Zoning Lot Description and Ownership Statement, dated May 26, 1987, was recorded in the City Register’s Office on June 3, 1987, at Reel 1239 Page 1343 (the “1987 Gerrymander Description”). In the 1987 Gerrymander Declaration, 1987 Gerrymander ZLDA and 1987 Gerrymander Description, the Gerrymandered Zoning Lot is described as being “for Gerrymander & Commercials” parcels. In the 1987 Gerrymander ZLDA, the Gerrymandered Zoning Lot is described as consisting of two parcels: the “Developers Lands” and the “Vacant Zoning Lot.” As shown on the zoning lot diagram of the 1987 Gerrymander Description, attached hereto as Attachment A, the Developer’s Lands consisted of Lots 10 and 12,2 located on the Amsterdam Avenue side of the block, and Lot 65, located on the West End Avenue side of the block, and the “Vacant Zoning Lot” consisted of parts of Tax Lots 1, 30, 70 and 80 that, as shown on Attachment A, snake and meander across the block. In 2007, pursuant to a Declaration of Zoning Lot Restrictions, dated August 31, 2007, and recorded in the City Register's Office on December 12, 2007, at CRFN 2007000609689, the Gerrymandered Zoning Lot was enlarged to add Lots 133 and 1343 (as well as Lot 18, which had been reapportioned from Lot 12).