CITYLAND FEBRUARY 15, 2009 center for new york city law VOLUME 6, NUMBER 1 Highlights CITY COUNCIL Via Verde approved . .1 Hotel on Crosby St . .3 Theater bonus revision . .4 CITY PLANNING COMMISSION New Gowanus development . .4 Dispute over garage heard . .5 CLE UPDATE Goodman, Arnold . .6 DEPARTMENT OF CITY PLANNING Scoping at 15 Penn Plaza . .7 BOARD OF STANDARDS & APPEALS Homecrest vested right claim . .7 Building permit challenged . .8 LANDMARKS Toll Brothers’ proposed development along Gowanus Canal. See story on page 4. Image: GreenbergFarrow. Lamartine Place HD . .9 Skyscraper designated . .9 CITY COUNCIL cooperatives’ current target, 110 St.Vincent’s design heard . .10 percent of the area median income, Ridgewood HD . .12 would prevent many local residents Rezoning/Text Amendment ADMINISTRATIVE DECISIONS from purchasing the units. Arroyo Melrose, Bronx Fines for demolition work . .12 asked HPD to reconsider the income ALJ decision reversed . .13 Melrose housing project target before the Subcommittee Facade NOV dismissed . .13 approved by Council voted. The vote was laid over, and License suspension overturned . .13 when the Subcommittee recon- Fine for work without permit . .15 Council approves plan after HPD vened on December 18th, Chair GUEST COMMENTARY modifies affordable housing compo- Daniel R. Garodnik announced that nent. On December 18, 2008, the City an agreement had been reached Howard Goldman . .14 Council modified the Department of between HPD and Arroyo. They COURT DECISIONS Housing Preservation and Develop- agreed that if additional subsidies Trump SoHo appeal . .15 ment’s plan to build a mixed-use, were made available before July 31, Church prevails over DOB . .15 mixed-income development in the 2010 or the commencement of mar- Melrose section of the Bronx. The keting the project’s units, then up to CITYLAND PROFILE award-winning project, known as 20 of the co-ops would be available Daniel C.Walsh . .16 Via Verde/The Green Way, integrates for purchasers earning 80–100 CHARTS sustainable design with affordable percent of the area median income. cooperative and rental housing. Garodnik added that, contingent on DCP Pipeline . .3 5 CityLand 169 (Dec. 2008). ULURP Pipeline . .5 market conditions and subject to BSA Pipeline . .8 At the Council’s Planning, Dis- HPD approval, the co-ops could Landmarks Actions . .10 position & Concessions Subcommit- be offered to those with incomes Landmarks Pipeline . .11 tee hearing, Council Member Maria higher than 110 percent of area Citylaw.org New Decisions . .17-19 del Carmen Arroyo praised the proj- median income. The Subcommittee ect, but expressed concern that the approved the (cont’d on page 3) February 15, 2009 Volume 6 CITYLAND 1 COMMENTARY Legislators: Enact the Ravitch Commission Recommendations! Kurt Vonnegut in his 1976 novel, Slapstick, envisioned a depopulated Manhattan that had been renamed Skyscraper National Park. Heavy gravity had destroyed the elevators in Manhattan’s skyscrapers leaving their high floors unreachable, and a Green Death had killed off the population. Slapstick’s main protagonist lived alone on the first floor of the Empire State Building; he walked about the empty City. With the yawning financial gap at the Metropolitan Transportation Authority and the reluctance by the Legislature to come to the aid of public transit, one can begin to see the outline of New York City as a version of Skyscraper National Park. The intense development of New York City depends on public transit. New York City would be inconceivable without the swift underground subways and thousands of above ground buses. The City is a machine sustained by its subterranean electric railroads that move the people back and forth. It is all connected, benefitting everyone. The Auto Club complains that drivers already pay too much, suburbanites claim that they should be exempt, and riders resist fare increases. The Ravitch Commission’s recommendations of fares, taxes and tolls, however, neatly spread the burden, and its management recommendations strengthen fiscal controls at the MTA. Governor Paterson deserves credit for turning to Ravitch and his Commission as the initial step towards consensus and action. The spider web of rail and bus lines defines this community, a community rarely called upon to act collectively on a public policy touching the entirety of the population. Public transportation is such an issue, which is why the fanciful image of a transit-less, empty Manhattan turned into a Skyscraper National Park is so threatening. Vonnegut needed Heavy Gravity and a Green Death to empty Manhattan. We could do the same with rust alone. Ross Sandler CITYLAND Ross Sandler Lebasi Lashley Kristin Daggan Executive Editor and Director, Art Director Subscription Coordinator The Center expresses appreciation to the individu- Center for New York City Law Petting Zoo Design Jesse Denno Melanie Cash ’02 Natalie Amar ’08 Staff Writer als and foundations supporting the Center and its Associate Director Peter Schikler ’08 Publication Prod. Assistant work: The Steven and Sheila Aresty Foundation, Managing Editor Melissa Wagner ’08 Lacy J. Redwine ’10 The Robert Sterling Clark Foundation, Fund for Fellows Frank Berlen ’07 Brent Reitter ’10 the City of New York, The Durst Foundation, Editor, CityLand Research Assistants The Charina Endowment Fund, The Murray CITYLAND ADVISORY BOARD Goodgold Foundation, Jerry Gottesman, The Marc Kent Barwick Howard Goldman Carol E. Rosenthal Haas Foundation, The Prospect Hill Foundation, Andrew Berman David Karnovsky Michael T. Sillerman and The Revson Foundation. Molly Brennan Ross Moskowitz ’84 Paul D. Selver Albert K. Butzel Frank Munger CITYLAN D (ISSN 1551-711X) is published 11 times a year by the Center for New York City Law at New CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL York Law School, 57 Worth St., New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, Stanley S. Shuman, Eric Hatzimemos ’92 Steven M. Polan e-mail: [email protected], website: www.city- Chair Michael D. Hess Norman Redlich law.org © Center for New York City Law, 2009. All Arthur N. Abbey ’59 Lawrence S. Huntington ’64 Joseph B. Rose rights reserved. Printed on recycled paper. Maps Sheila Aresty ’94 William F. Kuntz II Ernst H. Rosenberger ’58 presented in CITYLAND are from Map-PLUTO Harold Baer, Jr. Eric Lane Rose Luttan Rubin copyrighted by the New York City Department of David R. Baker Randy M. Mastro City Planning. City Landmarks and Historic Dis- Michael A. Cardozo Frederick P. Schaffer Richard Matasar tricts printed with permission of New York City Anthony Coles Frederick A.O. Schwarz, Jr. Landmarks Preservation Commission. Edward N. Costikyan Robert J. McGuire O. Peter Sherwood Francis McArdle Paul A. Crotty Edward Wallace POSTMASTER: Send address changes to Richard J. Davis John D. McMahon ’76 Richard M. Weinberg CITYLAND , 57 Worth Street, New York, New York Michael B. Gerrard Thomas L. McMahon ’83 Peter L. Zimroth 10013-2960. Periodicals postage paid at New York, Judah Gribetz Gary P. Naftalis James D. Zirin New York. Kathleen Grimm ’80 2 Volume 6 CITYLAND February 15, 2009 modified plan, as did the Land Use CITY PLANNING PIPELINE Committee and the full Council. Review Process New Applications Filed with DCP — Dec. - Jan. 31, 2009 Lead Agency: HPD, Neg. Dec. Comm. Bd.: BX 1, App’d, 20-0-0 APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE Boro. Pres.: App’d ZONING TEXT AND MAP AMENDMENTS CPC: App’d, 12-0-0 Council: App’d, 51-0-1 DCP Waterfront Public Access, CW Txt. chg. to design regs.& admin. reqs. 090239ZRY DCP/CAS/SBS/ Coney Island Comp. Plan, BK Rezoning to create amusement 090272ZMK; Council: Via Verde (Dec. 18, 2008). HPD district; txt. chg. to create Spec. 090273ZRK; Coney Island District; acq. of 090274PQK; parcels via DCAS; acq. of parcels; 090275PQK; UDAAP & disp. to facil. 090276HAK; CITY COUNCIL res. dev.; unrestr. disp. via DCAS 090277PPK HPD Coney Island Commons, BK Rezone (R6 to R7-2) to facil. YMCA 090250ZMK; & two bldgs; UDAAP and disp. 090251HAK Special Permit DCP Brighton Beach, BK Rezone approx. 54 blocks; incl. 090284ZMK; SoHo, Manhattan housing regs. in C4-4A and R7A 090285ZRK 2630 Realty Corp. 2636 E. 14th St., BK Rezoning (R5/C1-2 to R5/C2-2). 090238ZMK Vincent Petraro Space added for hotel and PLLC retail uses on Crosby St. HPD Gowanus Green, BK Estab. Luquer St. & const. 8 bldgs. 090295MMK Subcellar, cellar, and first floor of 11- EDC W. 195th St. Demapping, BX Demap portion to redev. Armory 090237MMX Wachtel & Masyr story hotel may be used for hotel and Related Retail Reservoir Ave. Demapping, BX Demap portion to facil. traffic mvmt. 090236MMX Wachtel & Masyr Ralph Iodice E. 233rd St. Rezoning, BX Rezone (R5 to C4-2) to const. bldg. 090247ZMX Archisegno & retail uses. On January 28, 2009, Assoc. the City Council approved Crosby SDS 15 William St. William Beaver House, MN Txt. chg. to elim. prohib. on curb 090293ZRM; Greenberg Traurig Street Hotel LLC’s special permit cuts; spec. perm. for park. garage 090294ZSM Jay Segal application requesting an additional G&R 11th Ave. 246 11th Ave., MN Txt. chg. to facil. dev. of bldg. 090243ZRM Fried Frank 19,116 sq.ft. for hotel and retail uses PA/NJT ARC (Access to Regions Core), Txt. chg. for new rail station; spec. 090262ZRM; Kramer Levin MN perm. for W. 34th St. rail st. 090263ZSM; within an 11-story hotel at 79 Crosby entrances; spec. perm. for RR st. 090264ZSM; Street in SoHo, Manhattan. The entrances; spec. perm. for RR st. 090265ZSM; entrances; spec. perm. for RR st. 090266ZSM; surrounding neighborhood is most- entrances; spec. perm. for RR st. 090267ZSM; ly three- to seven-story buildings entrances; spec. perm for bulk regs.; 090268ZSM; spec. perm. for bulk regs.; spec. 090269ZSM; and loft buildings with ground perm. for bulk regs.; spec. perm. 090270ZSM; floor retail. for bulk regs. 090271ZSM Normally prohibited below the CB 8 UES Midblock Text, MN Txt.