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APRIL 15, 2007 center for new york city law VOLUME 4, NUMBER 3

HighlightsCITY COUNCIL

Courthouse converted . . . . . . . . . .37

CITY PLANNING COMMISSIONFirehouse sale restricted . . . . . . . .39Parking in Battery Park City . . . . .40Two new CPC members . . . . . . . . .40

BOARD OF STANDARDS & APPEALSBreezy Point brawl . . . . . . . . . . . . .41Tribeca project reduced . . . . . . . . .42NoHo hotel gets legal . . . . . . . . . . .43

LANDMARKSDouglaston designation debate . .43Sunnyside Gardens considered . .44In tune with designation . . . . . . .45Three in Far West Village . . . . . . . .45Downtown landmarks . . . . . . . . . .46Botanical Garden’s bldg. . . . . . . . .46New appointments . . . . . . . . . . . . .47

ECONOMIC DEVELOPMENT CORP.SI Farm Colony RFP . . . . . . . . . . . .47Bush Terminal RFP . . . . . . . . . . . .47

DOTPark Slope traffic proposal . . . . . .48

HPDAudit reveals errors . . . . . . . . . . . . .48

COURT DECISIONSWash. Sq. Park . . . . . . . . . . . . . . . . .48

CITYLAND PROFILEDavid West . . . . . . . . . . . . . . . . . . . .49

CHARTSDCP Pipeline . . . . . . . . . . . . . . . . . . 39ULURP Pipeine . . . . . . . . . . . . . . . 40BSA Pipeline . . . . . . . . . . . . . . . . . . 41Landmarks Pipeline . . . . . . . . . . . 44Landmarks Actions . . . . . . . . . . . 45Citylaw.org New Decisions . . . 50-1

CITYLAND

project, to be developed by DermotQFC LLC, after a summer 2004request for proposals. The City will transfer the site to EDC for itstransfer to Dermot.

The development, designed byFXFowle Architects, will incorpo-rate the existing courthouse facadeinto a new 12-story, 355,000-square-foot, mixed-use building.The majority of the building,295,465 sq.ft., will contain 360 co-opand rental units. The remainder willinclude 41,510 sq.ft. of commercialspace and 18,820 sq.ft. of communi-ty facility space. The design calls fora nine-story wing running thelength of Parsons Boulevard and a12-story wing fronting 89th Avenue,both with commercial and commu-nity facility space on the groundfloor and residential space above.The building also includes two newone-level commercial sections.

(cont’d on page 39)

This Queens mixed-use development will adaptively reuse former Jamaica Courthouse building.Image courtesy of FXFowle Architects.

CITY COUNCIL

Rezoning/Special Permit

Jamaica, Queens

Queens court to be reused

Residential and commercial devel-opment will incorporate JamaicaCourthouse facade. On March 14,2007, the City Council unanimouslyapproved four linked applicationsfor the redevelopment of theQueens Family Courthouse locatedon Parsons Boulevard and 89thAvenue in Jamaica, Queens andvacant since 2002. The applicationincluded the sale of City-ownedproperty, a zoning map amend-ment to increase the permittedfloor area and allow residential uses,and special permits for base height,setback and a 500-space garage. TheNew York City Economic Develop-ment Corporation selected the

April 15, 2007 Volume 4 CITYLAND

38 Volume 4 CITYLAND April 15, 2007

CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL

CITYLAND

COM M E NTARY

Stanley S. Shuman,ChairArthur N. Abbey ’59Sheila Aresty ’94Harold Baer, Jr.David R. BakerAnthony ColesEdward N. CostikyanPaul A. CrottyRichard J. DavisMichael B. GerrardJudah GribetzKathleen Grimm ’80

Eric Hatzimemos ’92Michael D. HessLawrence S. Huntington ’64William F. Kuntz IIEric LaneRandy M. Mastro Richard MatasarRobert J. McGuireFrancis McArdleJohn D. McMahon ’76Thomas L. McMahon ’83Gary P. Naftalis

Steven M. PolanNorman RedlichJoseph B. RoseErnst H. Rosenberger ’58Rose Luttan RubinFrederick P. SchafferFrederick A.O. Schwarz, Jr.O. Peter SherwoodEdward WallaceRichard M. WeinbergPeter L. ZimrothJames D. Zirin

Comings and Goings at the Planning and Landmarks Commissions

Leaving the Landmarks Preservation Commission after seventeen years of service is the Rev. Dr. ThomasF. Pike, Rector of Calvary, Holy Communion and St. George’s Churches in Manhattan. Pike was first appoint-ed to Landmarks by David N. Dinkins and reappointed by Rudy Giuliani. He brought the insight of a religiousleader to the deliberations of the Commission where his voice was especially important in insisting on sen-sitivity to the needs of religious institutions. During the January 30, 2007 debate over the designation ofHarlem’s Church of All Saints Parish House and School, Pike said a church was “the heartbeat of the neigh-borhood.” He viewed churches as the foundations stones of communities, the launching pads for commu-nity services, and advocated negotiations and consensus as a way to avoid conflicts between religious lead-ers and landmarks leaders. Pike saw the recent decision allowing a new building on the property of St. Johnthe Divine on 110th Street as a good result for both landmarks and the church.

Pike also added humor to Commission meetings. In voting to turn down the Norman Foster tower to bebuilt on the Parke-Bernet building, he said that “I consider myself an expert on marriage, and this is not ahappy one.”

Replacing Tom Pike is Diana Chapin, a highly skilled and long-time senior City manager at Parks andDEP. As a founding member of the Historic House Trust she has had significant involvement in preservinglandmark buildings on Parks property.

Joining the Planning Commission is Nat Leventhal, a fixture in New York City civic life since the LindsayAdministration. His good judgment and deep experience brings a level of expertise rare in any position. Lev-enthal’s long involvement in City government was evident at the April 9, 2007 Commission review sessionwhen a new project came up for an old UDAPP site on West 128th Street. Leventhal asked what happened tothe original plan approved in 1983. Leventhal did not have to remind the audience that he was deputy mayor24 years ago when the site was first approved, and, before that, Commissioner of HPD

Ross Sandler

Ross SandlerExecutive Editor and Director,Center for New York City Law

Melanie Cash ’02Associate DirectorManaging Editor

Molly BrennanEditor, CityLand

Wessel GraphicsDesign Director

Morgan Kunz ’06Fellow in New York City Law

Jesse DennoStaff WriterPublication Prod. Assistant

Caitlin HannonSubscription Coordinator

Michael Auerbach ’08Caitlin J. Walsh ’08Scott Johnson ’09Emilia Keric ’09Daniel Solomon ’09Research Assistants

The Center expresses appreciation to the individu-

als and foundations supporting the Center and its

work: The Steven and Sheila Aresty Foundation,

The Robert Sterling Clark Foundation, The Horace

W. Goldsmith Foundation, The Murray Goodgold

Foundation, Jerry Gottesman, The Marc Haas

Foundations, The Prospect Hill Foundation, and

The Revson Foundation.

CITYLAND (ISSN 1551-711X) is published 11 timesa year by the Center for New York City Law at NewYork Law School, 57 Worth St., New York City, NewYork 10013, tel. (212) 431-2115, fax (212) 941-4735,e-mail: [email protected], website: www.city-law.org © Center for New York City Law, 2007. Allrights reserved. Printed on recycled paper. Mapspresented in CITYLAND are from Map-PLUTOcopyrighted by the New York City Department ofCity Planning. City Landmarks and Historic Dis-tricts printed with permission of New York CityLandmarks Preservation Commission.

POSTMASTER: Send address changes to CITYLAND, 57 Worth Street, New York, New York10013-2960. Periodicals postage paid at New York,New York.

CITYLAND ADVISORY BOARD

Kent Barwick Andrew BermanAlbert K. Butzel

Howard GoldmanDavid KarnovskyRoss Moskowitz ’84Frank Munger

Carol E. RosenthalMichael T. SillermanPaul D. Selver

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At the City Council’s Zoningand Franchise Subcommittee hear-ing, representatives from EDC andDermot explained that planning forthe project involved extensive col-laboration with the community.Council Member Katz, the Land UseCommittee Chair, said that she haddisagreed with EDC in the past, butin this case EDC proposed a “greatproject for the community.” Thesubcommittee and Land Use Com-mittee approved unanimously.

Council: Jamaica Courthouse (March14, 2007); CPC: Jamaica Courthouse (C070082 ZSQ – special permit, baseheight); (C 070079 ZMQ – map amend-ment); (C 070080 PPQ – disposition); (C070081 ZSQ – special permit, garage)(Feb. 7, 2007). CITYADMIN

CITYLAND Comment: City Plan-ning, the Department of HousingPreservation and Development,and the EDC are in the publicapproval process for a proposal torezone 451-blocks of Jamaica,

Queens, including the project site.City Planning certified the rezoningapplication on February 5, 2007,starting the land use review process.

CITY PLANNING COMMISSION

Disposition

Lower East Side, Manhattan

Sale of former firehouseapproved by Commission

Sale limited to community-usebuyer. On March 14, 2007, the Plan-ning Commission approved DCAS’application to sell the lot at 269Henry Street in Manhattan contain-ing a four-story firehouse used byFDNY Engine Company No. 15 until2001 when it moved to Pitt andDelancey Streets.

In the land use review process,Community Board 3 and Manhat-tan Borough President ScottStringer opposed an open-endedsale. Stringer requested a restrictionon the sale requiring the new use toprovide a clear community benefit.The board wanted DCAS to imme-diately withdraw the application toallow the Department of HousingPreservation and Development tocontinue negotiations toward afinal sale of the firehouse to theHenry Street Settlement, a commu-nity group started in the late 1890sby Lillian Ward, located immediate-ly adjacent to the building.

When the application reachedthe Planning Commission, DCASexplained that negotiations withHPD and Henry Street Settlementwere ongoing. DCAS offered to placea hold on the sale if the Commissionapproved its application. Commu-nity Board 3’s District Manager, arepresentative for Council MemberAlan Gerson, and Manhattan Bor-ough President Scott Stringer’s LandUse Director Anthony Borelliremained opposed with both Ger-son and the board asking for DCASto withdraw the application.

The Commission ultimatelyapproved after adding a restrictionthat the site be disposed only for

CITY PLANNING PIPELINE

New Applications Filed with DCP — March 1 – 31, 2007APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE

ZONING TEXT AND MAP AMENDMENTS

150 Charles St. LLC 303 W. 10th St., MN Text amend. (convert to res.); 070394ZRY; Kramer LevinAuth. to convert (15-story bldg.) 070395ZAM

DCP Dyker Hts., BK Rezone 159 blocks 070387ZMK DCP

Coral Headquarters 2460 E. 69th St., BK Rezone (res. develop.) 070361ZMK Fridman Saka LLP

ESP Group of NY, Inc. 354 Clarkson Ave., BK Rezone (res./parking) 070396ZMK Howard Goldman LLC

DCP Wakefield/Eastchester, BX Rezone 134 blocks 070409ZMX DCP

SPECIAL PERMITS/OTHER ACTIONS

LPC 354 W. 11th St., MN Landmark (354 W. 11th St. House) 070388HKM LPC

LPC 159 Charles St., MN Landmark (159 Charles St. House) 070389HKM LPC

LPC 150 Barrow St., MN Landmark (Keller Hotel) 070390HKM LPC

LPC 23 Park Place, MN Landmark (23 Park Place Bldg.) 070401HKM LPC

LPC 25 Park Place, MN Landmark (25 Park Place Bldg.) 070402HKM LPC

DCAS 150 Greenwich St., MN Lease for 61-story bldg. 070391PXM DCAS

54th St. Cultural Corp. MOMA, MN Modify restrictive decl. 880703AZMM Kramer Levin

MOMA 11 W. 53rd St., MN Modify permit (6-story bldg.) 000651AZSM Kramer Levin

Biltmore Tower LLC 271 W. 47th St., MN Modify spec. permit (garage) 010460AZSM Greenberg Traurig

240 E. 27th St. LLC 240 E. 27th St., MN Special permit (144-space garage) 070370ZSM Philip Habib PE

Columbus 95th St. LLC 95 W. 95th St., MN Special permit (100-space garage) 070381ZSM Kramer Levin

371 7th Ave. Co. 371 Seventh Ave., MN Special permit (94-space garage) 070383ZSM DeCampo Diamond

AS Realty Partners 200 Lafayette St., MN Special permit (live-work) 070400ZSM Kramer Levin

Kato International LLC 5-19 E. 48th St., MN Renew open air cafe permit 070393ZCM Stadtmauer Bailkin

Mehta Family LLC 334 W. 40th St., MN Increase floor area (32-story hotel) 070405ZCM Greenberg Traurig

HPD 544 E. 134th St., BX UDAAP & Disp. 070404HAX HPD

HPD 37-43 Herbert St., BK UDAAP & Disp. (14 condo apts.) 070408HAK HPD

LPC 1000 Washington Ave., BK Landmark (Lab Admin Bldg.) 070403HKK LPC

DCAS/DEP Newton Creek, BK Land fill for loading docks; 070399MLK; DCAS/DEPSite selection 070398PSK

Queens Public Library 256-04 Union Turnpike, QN Special permit (rebuild library) 070362ZSQ Martyn/Don Weston

LPC 31-01 Vernon Blvd., QN Landmark (Sohmer Piano Fact.) 070369HKQ LPC

JTR College Point LLC 5th Ave, College Point, QN Eliminate waterfront easement; 960270AMEQ; Albanese & Cert. (waterfront access req.) 070377ZCQ Albanese LLP

DCAS 153-01 Jamaica Ave., QN Lease Queens Community Center 070392PXQ DCAS

NPD/DDC 60 Hill St., SI Spec. perm.(3-story NYPD station) 070382ZSR Philip Habib & Assoc.


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use as a community facility. Com-missioners Angela Cavaluzzi andDolly Williams remained opposed.The Commission found that therestriction would aid discussionsfor the sale of the property to theHenry Street Settlement. The CityCouncil must now vote on the disposition.

ULURP Process:Lead Agency: DCAS, No reviewComm. Bd.: MN 3, Den’d, 29-0-0 Boro. Pres.: Den’dCouncil: Pending

CPC: 269 Henry Street, Former Fire-house (C 070132 PPM) (March 14,2007). CITYADMIN


Special Permit

Battery Park City, Manhattan

Commission approves 369-space parking facility

Garage to be part of significant as-of-right Battery Park City develop-ment. Sheldrake Organization,developer of a 31-story mixed-usedevelopment in Battery Park City,sought Planning Commissionapproval for a 369-space parkinggarage with 316 public parkingspaces. The garage would be acces-sible from Murray Street and locat-ed within Sheldrake’s 499,720-square-foot development, currentlyunder construction, on a lot bound-ed by Murray Street, River Terrace,North End Avenue and Vesey Place.The project, called the Riverhouse,will contain 266 luxury condomini-um units along with retail space anda New York Public Library branch.

The Planning Commissionapproved, emphasizing that BatteryPark City currently contains 244public parking spaces, and Shel-drake’s traffic study indicated thatthe garage would generate only 60additional vehicle trips duringmorning peak driving hours.

ULURP Process:Lead Agency: CPC, Neg. Dec.Comm. Bd.: MN 1, App’d, 23-5-0 Boro. Pres.: App’d

CPC: River Terrace Parking Garage (C 060367 ZSM) (Feb. 28, 2007).CITYADMIN


Commission Appointments

Citywide

Mayor appoints two newCPC members

Betty Chen and Nathan Leventhalapproved. The City Council unani-mously approved Mayor MichaelBloomberg’s appointment of twonew commissioners to the PlanningCommission, Betty Chen andNathan Leventhal. The terms of thetwo new commissioners com-menced on March 5, 2007.

Yale-trained architect BettyChen worked several years as proj-ect architect for the New York firmTodd William Billie Tsen. Chen alsotaught architecture and art history.Chen currently serves as Vice Presi-dent of Planning, Design andPreservation for the Governor’sIsland Preservation and EducationCorporation, which oversees theisland’s operations. Before accept-ing her position with Governor’sIsland, Chen headed up develop-ment of a World Trade Center mas-ter plan for the Lower ManhattanDevelopment Corporation.

Nathan Leventhal has a longhistory of City government service,

acting as Chief of Staff under MayorJohn Lindsay and holding positionsin the administrations of MayorsEdward I. Koch, David Dinkins andMichael Bloomberg. Leventhal alsoserved as Fiscal Director for theHuman Resources Administration,Commissioner of Housing Preserva-tion and Development, and Secre-tary of the Charter Revision Com-mission. In the private sector, Leven-thal serves on the Movado Groupgovernance committee, and was formerly a partner at the law firmPoletti Freidlin Prashker and Gartner.

Chen and Leventhal willreplace Christopher Kui and Jane D.Gol. Kui and Gol’s five-year termsexpired at the end of 2006. The fullCouncil approved the appoint-ments by 47-0.

Mayor Bloomberg Announces FourAppointees to City Planning Commis-sion, CPC Press Release, Feb. 1, 2007.

DEPARTMENT OF CITY PLANNING

Proposed Fee Increase

Citywide

CEQR, ULURP fees proposedfor substantial increase

City Planning claims new feesrequired to cover costs. City Planningmoved to increase fees for privateapplications made pursuant to theCity Environmental Quality Reviewprocess and the City’s land use

ULURP PIPELINE

New Applications Certified into ULURPPROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED

200 11th Ave. Garage Special permit (15-space garage) MN 4 070211ZSM 3/12/2007

Commerce Bank Amend zoning (65th Street) BK 10 060272ZMK 3/12/2007

Commerce Bank Amend zoning (99th Street) BK 10 060271ZMK 3/12/2007

12th Ave. Rezoning Zoning map amendment BK 12 030093ZMK 3/12/2007

Plaza 75 LLC Zoning map amendment QN 4 070065ZMQ 3/12/2007

Basketball City East Dispose City prop.; MN 3 070046PPM; 3/26/2007Modify waterfront regs. N070047ZAM;

N070048ZCM

Dyker Hts. Rezoning Zoning map amendment BK 10 070387ZMK 3/26/2007

Kings Highway Bridge City map amendment BK 11 960535MMK 3/26/2007

Avenue P Bridge City map amendment BK 11 960515MMK 3/26/2007

Sahara Restaurant Zoning map amendment BK 15 050317ZMK 3/26/2007

Volume 4 CITYLAND April 15, 2007

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western end of the RockawayPeninsula.

In the early 1900s, New Yorkersstarted building small, summerbungalows in Breezy Point on landowned by the state. In 1960, Breezy’spredominantly summer residentsformed a cooperative to purchasethe land from the Atlantic Improve-ment State Corporation. At thetime, the Breezy Point Cooperativesurveyed the land and its summerbungalows, leasing “plots” back toresidents who paid yearly mainte-nance, security and other costs.Breezy now contains over 3,500homes, and each year more resi-dents convert their summer bunga-lows to year-round homes.

In May 2006, Thomas Carroll, ayear-round resident since 1957,received permits to demolish hisdeteriorated bungalow and build anew home on his 1,944-square-footleased parcel at 607 Bayside Drive.An adjacent Breezy resident,Supreme Court Judge James Goliaand his wife, appealed, arguing,among other things, that the Depart-

review procedure, ULURP. At thePlanning Commission’s March 12,2007 review session, City Planning’sDeputy Counsel Julie Lubinexplained that the increase wouldbe the first since 2002, and wasmeant to align fees more closely toactual costs. The increase, Lubinadded, would not cover all costsassociated with the review of appli-cations since 22 percent of applica-tions come from government agen-cies, which are exempt.

Under the proposal, CEQR feeswould increase 15 percent, exceptfees for Type II applications whichwould increase from $75 to $100.Type II actions do not require anenvironmental assessment, makingcosts to Planning minimal. Thereare 12 levels of fees for non-Type IIactions, with the cost based on thesquare footage of the project. Thesmallest fees, for projects less than10,000 sq.ft., would increase from$370 to $425. The largest fees, forapplications over a million sq.ft.,would increase from $253,000 to$290,950.

ULURP fees would beincreased by 40 percent in mostcases. For special permits, fees forprojects with less than 10,000 sq.ft.would increase from $1,350 to$1,890, and the largest fees, forapplications over 500,000 sq.ft.,would increase from $19,500 to$27,300. For zoning map amend-ments, projects with less than10,000 sq.ft. would see a fee increasefrom $1,450 to $2,030, and applica-tions over 500,000 sq.ft. wouldincrease from $20,250 to $28,350.

Other fee increases includepermits for sidewalk cafes, whichwould increase to a flat $50 per seatregardless of enclosure. Planningalso proposed a new fee of $100 forletters verifying a site’s zoning.

Not-for-profits will no longerbe exempt from CEQR or ULURPfees. Lubin explained that thischange resulted from very largeapplications by-not-for-profits,such as the recent expansion of theMuseum of Modern Art, which cre-ated huge costs for Planning.

BSA PIPELINE

New Applications Filed with BSA – Feb. 26 - April 2, 2007

APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE

VARIANCES

240 W. Broadway 240 W. Broadway, MN Use variance 69-07-BZ Jay A. Segal

150 Delancey LLC 150 Delancey St., MN Vary lot coverage reqs. 60-07-BZ Francis Angelino

Vito Savino 18-02 Clintonville, QN Const. 2-family dwelling 58-07-BZ Rex Carner

Ship Mgmt. Corp. 146-93 Brewer Blvd., QN Permit 1-story retail bldg. 65-07-BZ Sheldon Lobel, P.C.

Avram Babadzhanov 102-48 65th Rd., QN Construct synagogue 68-07-BZ Jeffrey A. Chester

SPECIAL PERMITS/OTHER ACTIONS

Iren Laniado 1941 E. 26th St., BK Enlarge 1-family dwelling 72-07-BZ Sheldon Lobel, P.C.

High Def. Fitness 3038 Atlantic Ave., BK Permit phys. cult. est. (gym) 66-07-BZ Eric Palatnik

Exxon Mobil 32-05 21st St., QN Reinstate variance 71-07-BZ Walter T. Gorman

Wagner College 636 Howard Ave., SI Permit 70-ft. radio tower 57-07-BZ Omnipoint Comm.

APPEALS

Benjamin Shaul 515 E. 5th St., MN Appeal of DOB decision 67-07-A Kevin Finnegan

Sidney Frankel 1704 Avenue N, BK Vested rt. (1-family dwelling) 64-07-A Stuart A. Klein

Alberto Laniado 1582 E. 17th St., BK Vested rt. (1-family dwelling) 62-07-A Sheldon Lobel, P.C.

Tae Wook Chang 49-30 Galasso Pl., QN Waive street frontage req. 70-07-A John C. Chen

C. Ganginis 49-23 28th Ave., QN Build in bed of mapped st. 63-07-A Moshe M. Friedman

Felix Bello 102-07 Roosevelt, QN Build in bed of mapped st. 61-07-A Alfonso Duarte

Ridgewood Equities 71-13 60th Ln., QN Waive street frontage req. 59-07-A Howard Goldman

Breezy Pt. Co-op 13 Bayside Roxbury, QN Reconst., enlarge 1-fam. dwelling 56-07-A Gary Lenhart, R.A.

Breezy Pt. Co-op 3 Devon Walk, QN Reconst., enlarge 1-fam. dwelling 55-07-A Gary Lenhart, R.A.


Instead, Planning will exempt somesmaller organizations includingneighborhood, community, orhomeowner groups if they operateon a non-profit basis and if theirapplication consists of a zoningmap amendment for an area of atleast two blocks.

Planning will hold its publichearing on the proposal on April 25,2007 at 22 Reade Street.

City Record, March 20, 2007, at 909.

BOARD OF STANDARDS & APPEALS

Appeal

Breezy Point, Queens

BSA holds contentious hearing on Breezy Pt. permits

Adjacent neighbor challenges legali-ty of new home construction oncooperative’s land. On March 20,2007, BSA held a contentious publichearing on an appeal of demolitionand new building permits to con-struct a single-family home inBreezy Point, Queens, located at the

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ment of Buildings could not consid-er the plot as a separate zoning lot,and that the home’s design violatedrequirements for rear yard, frontyard, parking and distance betweenbuildings. Golia also delayed theproject at Buildings and obtained acourt-issued restraining order. Dur-ing this time, 93-year-old Carrollremained without a place to live.

At the March 20th BSA hearing,Golia’s attorney, Irving Mitkin,stressed that Carroll’s plot could notbe considered a separate zoning lotunder the zoning resolution since itwas not owned separately and indi-vidually from adjoining Breezyparcels. Buildings’ attorney Angeli-na Martinez-Rubio responded toeach of Mitkin’s technical argu-ments, stating that Buildings andBSA treated each parcel as a zoninglot as it existed in the 1960 survey,and that Carroll’s new home com-plied with rear yard, parking anddistance between building limita-tions. Buildings had one open issue:front yard compliance.

Breezy residents, who hired abus to attend the hearing, alongwith a representative of the Cooper-ative and Carroll’s daughter all testi-fied to Buildings’ long-standing pol-icy and the hardship this appealplaced on Carroll. The residentssaid that Golia, as a former AssistantCommissioner at Buildings, anengineer at the Queens’ Buildingsoffice and an executive assistant tothe Queens Borough President,knew the system and decision mak-ers. Golia’s argument ultimatelyimpinged on every Breezy plot.

BSA asked for additional sub-missions and set the next hearingfor May 15, 2007.

Hearing on 607 Bayside Drive, Queens(229-06-A), March 20, 2007.


Variance

Tribeca, Manhattan

Two Tribeca variances OK’d:BSA adopts Comm.Bd.’s advice

Two private developers applied toBSA for variances to build residen-tial buildings on manufacturing-zoned lots in Tribeca. At 415 Wash-ington Street, Joseph Pell Lombardiapplied to construct a nine-story,56,010-square-foot residentialbuilding with a 6.02 FAR, exceedingfloor area limits and necessitating a use variance.Located within theTribeca North His-toric District, theplan required Land-marks’ approval,which it granted in August 2006. 3CityLand 125 (Sept.15, 2006). Lombardiargued that as-of-right constructionwas infeasible due tohigh constructioncosts caused by thesite’s location withina flood plain. Thesite has weak sandysoil, requires soilremediation and the developermust maintain support walls foradjacent buildings. Lombardi esti-mated that the site’s conditionswould increase development costsby $1.9 million.

Tribeca residents and Commu-nity Board 1 opposed, arguing thatthe site’s construction difficultiesfailed to justify the large buildingsize. The opposition requested thatthe building be limited to 46,520sq.ft. (5 FAR). Lombardi submitted arevised proposal of 51,172 sq.ft. (5.5FAR) and an analysis showing that a smaller building would be infeasi-ble.

BSA accepted the community’srecommendation, limiting the finalbuilding size to 46,520 sq.ft. BSAdisagreed with Lombardi that a

larger proposal would represent theminimum variance needed to makedevelopment possible on the 9,304-square-foot site. BSA found the pro-posed height, street wall massing,and use to be compatible with adjacent buildings.

At 471 Washington Street onthe south side of Canal Street, PeterMoore Associates sought to con-struct a nine-story residential build-ing with ground floor retail andseven dwelling units on a 5,837-square-foot lot. The 29,118-square-foot, 124-foot tall building wouldreplace a parking lot with an adver-tising billboard.

Moore argued that the six-sided lot’s location within a highhazard flood plain and its small sizeincreased construction costs. Theirregular shape would require a highratio of exterior walls to usable inte-rior space, raising costs and lower-ing returns. Additionally, the smalllot size required a higher than nor-mal percentage of the squarefootage to be devoted to the build-ing core. Extra foundation work fur-ther increased costs. BSA agreed,finding that, in the aggregate, theconditions created a hardship.

BSA: 415 Washington Street (128-06-BZ) (Mar. 13, 2007) (Juan D. Reyes III,for Lombardi); BSA: 471 WashingtonStreet (181-06-BZ) (Feb. 13, 2007)(Greenberg Traurig, for Moore).CITYADMIN

Tribeca residents ask BSA to reduce the size of this developmentproposed for 415 Washington Street. Image Courtesy of the Officeof Joseph Pell Lombardi, Architect.

Did you know? Under Bloomberg, City Plan-ning initiated 68 area-widerezonings impacting 4,600blocks, which all received finalCouncil approval.


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Variance/Special Permit

NoHo, Manhattan

Two NoHo projects obtainBSA approval

Residential building and hotelreplace former NoHo gas stationsites. BSA approved two develop-ment proposals in NoHo, Manhat-tan for an eight-story residentialbuilding at 363 Lafayette Street anda 16-story mixed-use building, to beoccupied predominantly by a hotel,one block away at 4 East 3rd Street.

Developer 363 Lafayette LLCapplied to BSA to construct a30,519-square-foot building with 17residential units and ground-floorretail on a 5,549-square-foot, manu-facturing-zoned lot fronting GreatJones, Lafayette and Bond Streets.The developer argued that the oddshape of the lot, which narrowsfrom a 26-foot width along GreatJones to a 6.5-foot width on BondStreet, impacts usable floor area,requires additional stairs and eleva-tor shafts and increases construc-tion costs, necessitating the vari-ance. Residents at 20 Bond Streetopposed, complaining that thebuilding’s design would block 20lot-line windows in their building.Community Board 2 asked thatartist live/work spaces replacesome residential units.

The developer submitted asecond design that reduced thenumber of blocked lot-line win-dows at 20 Bond Street down tothree. BSA approved the reviseddesign, finding that the odd-shaped and small lot created ahardship, and the proposed resi-dential use fit the neighborhood’scharacter.

At East 3rd Street and Bowery,developer Woodcutters Realtyalmost completed construction of a78,543-square-foot building. Thedevelopment plan included an over70,000-square-foot hotel, 7,331sq.ft. of residential space and 1,130sq.ft. of community facility space.

Landmarks considers whether this Douglaston home, shown before and after recent renovations,should be re-included within a Queens historic district. Photos: LPC.


The hotel space extended onto theresidential portion of the split-zoned, 12,084-square-foot lot,necessitating a special permit.

Woodcutters applied to BSA tolegalize its development plan, argu-ing that construction of an inde-pendent residential building on thesmall 2,295-square-foot residential-ly-zoned portion was infeasible. BSAagreed, granting the special permitand finding as-of-right uses on theresidential portion infeasible.

BSA: 363 Lafayette Street (64-06-BZ)(March 13, 2007) (Greenberg Traurig,for 363 Lafayette LLC); BSA: 4 East 3rdStreet (266-06-BZ) (Feb. 27, 2007)(Friedman Gotbaum, for Woodcutters).CITYADMIN

LANDMARKS PRESERVATIONCOMMISSION

Designation Hearing

Douglaston, Queens

New hearing after courtremoved home from district

Contentious public hearing held onre-inclusion of private home intoQueens historic district. Over a yearafter a court vacated Landmarks’decision to include 41-45 240thStreet into the Douglaston Hill His-toric District, Landmarks held apublic hearing on its re-inclusionon March 13, 2007.

Landmarks originally included41-45 240th Street, a private homeowned by Kevin and Diana Mosley,within its December 2004 designa-tion. The Mosleys challenged theirhome’s inclusion and the designa-

tion of the entire district, arguingthat the decision was arbitrary andLandmarks ignored evidence sug-gesting their home dated to the1920s, not the 1870s as Landmarksclaimed. In December 2005, a courtupheld the designation of the Douglaston Historic District butremoved the Mosleys’ home fromthe district, ordering Landmarks tohold a new hearing and considerthe Mosleys’ evidence. 3 CityLand15 (Feb. 15, 2006).

Two months after winningtheir court challenge, the Mosleysreceived permits from the Depart-ment of Buildings and began exten-sive renovation work to completelyreplace the roof, add two large addi-tions, replace the siding, and build anew porch. A year into the renova-tions, in January 2007, Landmarkscalendared the Mosleys’ home forre-designation, halting all work andleaving the renovations to the house75 percent complete.

At a well-attended hearing,members of the Douglaston/LittleNeck Historical Society spoke instrong support of inclusion. ArthurKelly, a Douglaston resident since1925, explained how the housereminded him of what the neigh-borhood was like 75 years ago.Simeon Bankoff, representing theHistoric Districts Council, arguedthat regardless of whether thehouse was built in the mid-19thcentury or the 1920s, it still “reflectsan important moment in the devel-opment of Douglaston Hill.”Bankoff went on to argue that, ineither case, the house fit perfectlywithin Landmarks’ description of


LANDMARKS PIPELINE

Proposed Designations – March 2007NAME ADDRESS ACTION DATE

Keller Hotel 150 Barrow St., MN Designated 3/6/2007

159 Charles St. House 159 Charles St., MN Designated 3/6/2007

354 W. 11th St. House 354 W. 11th St., MN Designated 3/6/2007

Sunnyside Gardens HD Sunnyside, QN Calendared 3/6/2007

23 Park Place Bldg. 23 Park Pl., MN Designated 3/13/2007

25 Park Place Bldg. 25 Park Pl., MN Designated 3/13/2007

Henry Seligman Res. 30 W. 56th St., MN Heard 3/13/2007

Edey Residence 10 W. 56th St., MN Heard 3/13/2007

Manhattan Ave. HD Manhattan Ave., MN Heard 3/13/2007

Lab Admin. Bldg. BK Botanical Garden, BK Designated 3/13/2007

41-45 240th St. House 41-45 240th St., QN Heard 3/13/2007

103 Circle Road House 103 Circle Rd., SI Calendared 3/13/2007

Built in the 1920s, Sunnyside Gardens influenced housing development throughoutthe country. Photo: LPC.

the district as “wood frame housesconstructed largely between 1890and 1930.” Roger Lang of the Land-marks Conservancy agreed, arguingthat there was no evidence beforeLandmarks that changed the validi-ty of the original designation.

The Mosleys remainedopposed, explaining that in the yearfollowing the court decision whileLandmarks took no action, theMosleys could have demolished thehouse and built a “McMansion” likeseveral of their neighbors. Instead,Kevin Mosley said they decided tokeep the house within the characterof the neighborhood by makingalterations. His family spent “everycent” it had and designation wouldsignificantly increase renovationcosts. Diana Mosley added thatinclusion of the home no longermade sense since “for all practicalpurposes, it is a new home.”

In the Mosleys’ presentation,they alleged that an architect-mem-ber of the Douglaston/Little NeckHistorical Society, the group that ledthe efforts to designate the area,approached the Mosleys after des-ignation and offered to act as theirarchitect on any renovations. TheMosleys believed that some of theopposition stemmed from theirchoice to do the work without anarchitect. It was inappropriate, inthe Mosleys’ opinion, for people topush for designation and then gainfrom the designation after the areawas landmarked.

The Mosleys presented a signedpetition from 50 neighbors whoopposed re-inclusion. The Mosleysalso asked Landmarks to delay itsvote until after they finished theirrenovations.

Landmarks has not set a dateto vote on the designation.

LPC: 41-45 240th Street (LP-2255)(March 13, 2007).


Designation Calendaring

Sunnyside, Queens

1920s planned community tobe heard

Idealistic planned suburban housingto be considered as historic district.On March 6, 2007, Landmarks votedto consider the potential designationof Sunnyside Gardens, a 600-build-ing complex of one- and two-familyhomes and multi-family apartmentbuildings built between 1924 and1928 in Sunnyside, Queens. Coveringalmost 16 blocks, only 28 percent ofthe site contains buildings, andmuch of the housing is built aroundlarge landscaped courtyards. Land-marks also included Sunnyside Parkand the Phipps Garden Apartmentbuildings, added in the early 1930s,within the district’s boundaries.

Designed by Clarence Steinand Henry Wright and developed by

the City Housing Corporation, Sun-nyside Gardens was the first devel-opment to incorporate the plan-ning theories of the ResidentialPlanning Association of America, aprogressive planning organizationformed by Stein to respond to thenation’s housing crisis and the lackof quality low-income housing. AnRPAA member, Alexander Bing,formed the City Housing Corpora-tion as a limited dividend corpora-tion to show that quality low-income housing could be builtwhile providing a guaranteed sixpercent return to investors. As oneof the first low-density housingprojects constructed around signifi-cant landscaped open space anddesigned for the working class, Sun-nyside Gardens influenced regionalplanning throughout the UnitedStates.

Landmarks Chair Robert B.Tierney said that consideration ofSunnyside Gardens fulfilled Land-marks’ “charter and cause.” Com-missioner Roberta Brandes Gratzendorsed consideration, emphasiz-ing Sunnyside Gardens’ significancein urban design. Gratz called Sun-nyside Gardens a “streetcar sub-urb,” noting how its constructionclose to a commercial artery andpublic transit differed from latersuburban development. Lessonsfrom Sunnyside Gardens were lost,Gratz said, as the suburban idealbecame a single-family homereachable only by car.

Landmarks voted unanimous-ly to consider the proposed district,but did not set a hearing date. Resi-dents of Sunnyside Gardens andcommunity members are split over

45

the designation, making the finaldecision controversial.

LPC: Sunnyside Gardens Historic Dis-trict (LP-2258) (March 6, 2007).


Designation

Long Island City, Queens

Piano factory designatedafter new owner purchased

Landmarks unanimously designat-ed the 1886 piano factory. On Febru-ary 27, 2007, Landmarks voted todesignate the Sohmer Piano Factoryin Long Island City, Queens as anindividual landmark. The architec-tural firm of Berger and Bayliesdesigned the factory as well asmany of the warehouses and lofts inTribeca historic districts.

Though not as well known asthe nearby Steinway Piano Factoryin Astoria, Sohmer was a significantmanufacturer in the late nineteenthand early twentieth century, and thepreferred piano of Irving Berlin.Founded by a German immigrant in1872, Sohmer Piano lasted until1982, when the Adirondack ChairCompany purchased it. At one time,there were 171 piano companies inNew York City, but the industrygradually disappeared in the face ofcompetition from the phonographand radio.

Built at a time when factoriesserved as emblems of a company,Sohmer’s prominent clock towerwas visible from the East River andManhattan’s Upper East Side. TheGerman Romanesque Revival fac-tory also features decorative brick-work and rounded arch elements.

The Adirondack Chair Compa-ny opposed landmarking at theMarch 2005 hearing, arguing thatdesignation would mean increasedupkeep costs, and would ultimatelyforce Adirondack from the location.Adirondack added that the buildingheld no special architectural or his-torical significance. Also opposing

Landmarks Actions Taken In March 2007FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D

March 6, 2007

146 Duane St., MN Tribeca South HD Install infill 07-4755 Yes

67 Gansevoort St., MN Gansevoort Market HD Install signage 07-4017 Yes

146 W. 80th St., MN Upper West Side/CPW HD Install ironwork 07-0085 No

132 Calyer St., BK Greenpoint HD Legalize reconstruction 07-2807 W/Mod

March 13, 2007

1220 Fifth Ave., MN Museum of the City of NY Amend previous alterations 07-5787 Yes

771 St. Nicholas, MN Hamilton/Sugar Hill HD Const. rear yard, roof adds. 06-8256 Yes

462 Delafield, BX Fieldston HD Const. adds., alter windows 07-1454 Yes

163 Washington, BK Fort Greene HD Const. rooftop addition 07-2770 Yes

237-17 38th Rd., QN Douglaston HD Const. add., alt. facades 07-2938 Yes

311 Knollwood, QN Douglaston HD Enlarge, remodel house 07-0764 Yes

March 20, 2007

451 Broadway, MN SoHo-Cast Iron HD Install storefronts 07-5594 W/Mod

60 Grand St., MN SoHo-Cast Iron HD Install wall sign 07-4685 W/D

29 E. 64th St., MN Upper East Side HD Est. master plan (windows) 07-5695 Yes

3 W. 73rd St., MN Upper West Side/CPW HD Const. elevator bulkhead 07-4562 Yes

130 W. 82nd St., MN Upper West Side/CPW HD Const. roof, rear adds. 07-1248 Yes

49 W. 85th St., MN Upper West Side/CPW HD Leg. painting, windows, wall 07-4370 W/Mod

181 Lenox Ave., MN Mt. Morris Park HD Inst. bulkhead, alt. facade 07-5259 Yes

33 Love Ln., BK Brooklyn Heights HD Construct roof deck 07-4710 Yes

130 Court St., BK Cobble Hill HD Enlarge masonry opening 07-5731 Yes


at the November 2006 hearing. 3 CityLand 170 (Dec. 2006).

Built between 1841 and 1842for a carver and manufacturer, theGreek Revival style row house at 354W. 11th Street, which Commission-er Thomas Moore called a “true sur-vivor,” occupies the site of the for-mer Newgate Prison. The buildinglater housed merchants, business-men, a grocer and a jazz pianist.One of the few remaining row hous-es in the waterfront neighborhood,the house retains its original brick-work, wrought-iron areaway, andornamented entrance. LandmarksChair Robert B. Tierney called thebuilding “a great tribute” to the var-ious owners who had maintained itso well through the years.

Merchant Henry Wyckoff com-missioned the construction of the159 Charles Street House in 1838,also on the site of the former prison.It is the sole remaining example ofnine houses built by Wyckoff on thesite. As the area changed from mid-dle-class and residential to anindustrial maritime neighborhood,the building was home to mer-chants, a sea captain and boatmen’s

designation were Queens BoroughPresident Helen Marshall andCouncil Member Peter Vallone, Jr. 2CityLand 43 (April 15, 2005).

In June 2006, TTW Realty pur-chased the building for $22 millionand sent a letter in support of desig-nation. Landmarks voted unani-mously to approve.

LPC: Sohmer Piano Factory Company,31-01 Vernon Boulevard (LP-2172) (Feb.27, 2007).


Designations

West Village, Manhattan

Three Far West Village buildings landmarked

Landmarks unanimous in designat-ing all three buildings. On March 6,2007, Landmarks voted to designatethree nineteenth century buildingsin the Far West Village as individuallandmarks. The 159 Charles StreetHouse, the 354 West 11th StreetHouse, and the Keller Hotel allreceived wide community support

46

between 1856 and 1857 in lowerManhattan, as individual land-marks. Architect Samuel AdamsWarner designed both buildings,which also have Murray Streetentrances and share a party walland facade, for the dry-goods firmLathrop Ludington and Company.Warner designed several buildingsin the SoHo-Cast Iron and TribecaHistoric Districts, as well as theindividually-landmarked CollegiateReformed Church. Decorative ele-ments of the buildings includecarved ornamentation around thewindows and Corinthian columns.

During the mid-1800s the areabelow Chambers Street and west ofBroadway was known as the “drygoods district.” The buildings at 23and 25 Park Place were among thestorehouses built to warehousegoods and furnish an attractivespace for shoppers. Lathrop andLudington sold fabric and associat-ed supplies. Later, a series of similarmerchants, a boxing gym, andapartments occupied the buildings.In 1921, The New York Daily Newsleased the space. The ground floorat 25 Park Place is currently home to an off-track betting parlor andboth buildings are now primarilyresidential.

At the January 16th hearing,Elise Wagner of Kramer Levin repre-sented the owners. Wagner arguedthat the buildings were a genericexample of Italianate style, betterexamples of cast-iron storefrontsexisted, and the buildings were nothistorically important. Wagner alsoclaimed that the buildings would bedifficult to adaptively reuse and, ifdesignated, the owners would needto apply for hardship relief.

Supporters of designationincluded the Historic DistrictsCouncil, Council Member Alan Ger-son, the Metropolitan Chapter ofthe Victorian Society in America,and the Municipal Art Society.

Landmarks voted unanimous-ly to designate both buildings.

LPC: 23 Park Place Building (LP-2217);25 Park Place Building (LP-2223)(March 13, 2007).

families, until local brewery Beadle-ston & Woerz purchased the build-ing to house its workers in the 1880s.The Greek Revival row house is oneof the few surviving examples of theFar West Village’s early developmentand maintains an original brown-stone base and entryway. The cur-rent owners supported designation,only asking that the garage not beincluded in the designation. Land-marks granted the owners’ request.

Built in 1897 and 1898 anddesigned by architect Julius Munck-witz, the Keller Hotel served as atransient hotel until the 1930sunder a contract with the govern-ment to feed and house overflowfrom Ellis Island. Developers laterconverted the hotel to single-room-occupancy, with the bar at theground floor serving as part of thenexus for the West Village’s emerg-ing gay community. LandmarksChair Tierney, who praised the own-ers as “good as any preservationcommission could wish for,” foundthe building important for what it said about the history of thewaterfront.

The Greenwich Village Societyfor Historic Preservation issued apress release praising Landmarks’actions but stated that its campaignto preserve the Far West Village’scharacter was ongoing.

LPC: 354 West 11th Street House (LP-2210) (March 6, 2007); 159 CharlesStreet House (LP-2211) (March 6, 2007);Keller Hotel, 150 Barrow Street (LP-2212) (March 6, 2007).


Designations

Lower Manhattan

Two small buildings nearCity Hall Ave. designated

Nineteenth-century dry-goods ware-houses approved as individual land-marks. On March 13, 2007, Land-marks designated 23 and 25 ParkPlace, cast-iron buildings built


Designation

Prospect Heights, Brooklyn

Brooklyn Botanical Gardenbuilding designated

Administration building designedby McKim, Mead & White. On March13, 2007, Landmarks voted unani-mously to designate the LaboratoryAdministration Building within theBrooklyn Botanical Garden. Con-structed in phases between 1912and 1917, the building originallyhoused a physiological and elemen-tary laboratory along with photog-raphy dark rooms and researchspace. Currently, the building hous-es the Garden’s library and adminis-trative offices, as well as an auditori-um for lectures and performances.

Designed by McKim, Mead &White’s William Kendall, the build-ing replicated churches in the Lom-bardy region of Italy, built in theshape of a Greek cross with a cupo-la at the center. Some of Kendall’sother prominent projects includethe New York City Municipal Build-ing and the United States GeneralPost Office, both individual land-marks. Together with the OlmstedBrothers’ firm, McKim, Mead &White designed the Garden’s build-ings and layout.

LPC: Laboratory Administration Build-ing, Brooklyn Botanical Garden (LP-2214) (March 13, 2007).


Landmarks votes to designate this early 1900sBrooklyn Botanical Garden’s building. Photo: LPC.

47

poration issued a request for pro-posals for a site formerly used as theCity’s Farm Colony.

Starting in the 1850s, the Cityprovided housing to indigent NewYorkers in exchange for their laboron the Farm Colony. The facilityexpanded several times, but by the1940s its use began to decline. Itremained open until 1975 when theCity moved the remaining residentsto the adjacent Sea View Hospital.In 1985, Landmarks designated theentire area as the Farm Colony –Seaview Hospital Historic District,including the Farm Colony’s elevenbuildings.

EDC’s request separates the98-acre parcel into three zones.Almost 25.7 acres of the site will betransferred to Parks and becomepublic open space. The elevenbuildings and their 23.4 acres are tobe adaptively reused unless Land-marks agrees with the developer


Commission Appointment

Citywide

New Landmarks commissioner confirmed

Preservationist to replace ThomasPike. On March 28, 2007, the CityCouncil voted unanimously toapprove the appointment of DianaChapin to Landmarks. The Councilalso voted to approve the reap-pointments of CommissionersPablo Vengoechea, Stephen Byrns,Joan Gerner, and ChristopherMoore.

Diana Chapin, a member ofthe Municipal Art Society and theLandmarks Conservancy, is Execu-tive Director of the Queens LibraryFoundation. She was a foundingmember of the Historic HouseTrust, a not-for-profit that workswith Parks to preserve historichomes. Chapin, who had a longcareer in City government, servedas a Deputy Commissioner with theDepartment of Environmental Pro-tection, with Buildings, and withParks as well as being Parks’ QueensBorough Commissioner. Chapinwill be replacing Reverend ThomasPike who served on Landmarks for16 years.

Five Commissioners Appointed to theNew York City Landmarks PreservationCommission, LPC Press Release, March28, 2007.

ECONOMIC DEVELOPMENT CORPORATION

Request for Proposals

Willowbrook, Staten Island

Development of StatenIsland Farm Colony offered

EDC seeks proposals for a post-sec-ondary school to occupy 98-acre sitecontaining designated buildings. OnFebruary 28, 2007, the New YorkCity Economic Development Cor-

EDC to accept development proposals for this underused Brooklyn waterfront site. Photo: The New York City Economic Development Corporation.

ECONOMIC DEVELOPMENT CORPORATION

Request for Proposals

Sunset Park, Brooklyn

EDC seeks developers to ren-ovate Bush terminal

Proposals due May 21, 2007. TheNew York City Economic Develop-ment Corporation issued a requestfor proposals on March 26, 2007

seeking developers to purchase andredevelop 130,000 sq.ft. of the BushTerminal complex, located in Sun-set Park, Brooklyn. The site, boundby 43rd and 47th Streets on thenorth and south and the 51st StreetRail Yard and Bush Terminal Pierson the east and west, contains threebuildings totaling 37,100 sq.ft. Four

that rehabilitation would be infeasi-ble. The third 16.2-acre area con-tains undeveloped woods, which isopen for development consistentwith the RFP’s use restriction.

The entire site’s zoning, R3-2with an NA-1 Special Natural AreaDistrict overlay, allows medium-density residential, cultural, educa-tional and institutional uses. Howev-er, EDC limits permitted uses on thesite to post-secondary educationalinstitutions and prohibits applica-tions that seek to rezone the lot.

The final proposal mustreceive a certificate of appropriate-ness from Landmarks and approvalfrom the Planning Commission.

EDC set an April 27, 2007 dead-line for submissions.

New York City Economic DevelopmentCorporation Request for Proposals,Farm Colony, Staten Island, NY (Feb.28, 2007).


48

million and awarded 25 ineligibleproperties with tax benefits. In 21percent of the properties, HPD cal-culated costs and set fees incorrect-ly. With required inspections, HPDfailed to make seven out of 51required inspections and problemsoccurred on 23 percent of complet-ed inspections. The Comptrolleralso uncovered problems withHPD’s audit procedures.

The Comptroller made 15 rec-ommendations on how HPDshould improve the program’simplementation.

Audit Report on the Department ofHousing Preservation and Develop-ment’s Administration of the J-51 TaxIncentive Program, Office of the Comp-troller, March 22, 2007.

COURT DECISIONS

Parks

Greenwich Village, Manhattan

Community Bd. has advisoryreview only on Park plan

Parks renovation plans proceed forthe fountain basin and plaza atWashington Square Park. AfterCommunity Board 2, Landmarks,and the Art Commission approvedParks’ renovation plans for Wash-ington Square Park, neighboringresidents claimed that Parks failedto adequately disclose details of theplan during the approval process. InAugust 2006, a lower court enjoinedParks from moving forward with therenovation, ordering Parks to resub-mit plans for the fountain and foun-tain plaza to each group. 3 CityLand112 (Aug. 15, 2006).

On appeal the First Depart-ment reversed, ruling that there wasno reason to annul the approvals.The court found that neither theCharter nor the AdministrativeCode required community boardapproval over park developmentprojects like the one at WashingtonSquare. While there could be aninstance when withholding infor-mation would warrant a court order

DOT said the changes would reducetraffic conflicts, create predictabletraffic patterns, remove left-turningconflicts and potentially reducehead-on collisions. Overall, the planwould improve automobile andpedestrian safety. The changes to4th Avenue would affect the stretchbetween Dean and 17th Streets,reducing the number of movinglanes from three to two, and addingleft-turn lanes. DOT explained thatit would follow the full board’s finalrecommendation.

The Transportation Commit-tee voted against the entire propos-al, asking for a more comprehensiveplanning process that involved thecommunity. The issue will go beforethe full board on April 11, 2007.

Brooklyn Community Board 6, Trans-portation Committee, March 15, 2007.

HOUSING PRESERVATION & DEVELOPMENT

Audit of J-51 Program

Citywide

City Comptroller audit faultsHPD program

Problems found in HPD’s adminis-tration, inspections, audits and costcalculation for tax abatement pro-gram. On March 22, 2007, CityComptroller William C. Thompsonissued an audit report on theDepartment of Housing Preserva-tion and Development’s implemen-tation of a tax abatement program,the J-51 Tax Incentive Program. Theaudit found problems with HPD’shandling of the program, specifical-ly concluding that errors in cost cal-culations led to improper awards oftax benefits and incorrect feeassessments.

The J-51 program allows HPDto issue tax exemptions and abate-ments to building owners that reha-bilitate residential properties orconvert commercial buildings toresidential use. Of the 56 propertiessampled by the Comptroller, HPDimproperly certified costs by $2.5

tenants on month-by-month leasescurrently occupy the buildings.EDC anticipates proposals will seekto demolish the buildings.

The site is located in an M3-1zoning district, allowing heavymanufacturing, and is also in awaterfront area, imposing addition-al limitations on development. TheRFP requests plans for industrialuses to support the goals of theBloomberg administration’s Indus-trial Business Zones. 3 CityLand 133(Oct. 15, 2006).

Current City projects in thearea include redevelopment of thenearby South Brooklyn Marine Ter-minal and plans to establish BushTerminal Piers Open Space, an 18-acre park to be located just south-west of the site.

The RFP permits proposals fordevelopment of portions of the siteas small as 40,000 sq.ft. The dead-line set for responses is May 21,2007.

New York City Economic DevelopmentCorporation Request for Proposals,Bush Terminal, Sunset Park, Brooklyn(Feb. 28, 2007).

DEPARTMENT OF TRANSPORTATION

Proposed Traffic Change

Park Slope, Brooklyn

DOT proposes one-way planfor Park Slope avenues

Comm. Board’s transportation com-mittee opposes initial plan. TheDepartment of Transportation pro-posed a plan to Brooklyn Commu-nity Board 6 to change 6th and 7thAvenues in Park Slope to one-waytraffic and reduce the number oflanes on 4th Avenue.

On March 15, 2007, DOT pre-sented the proposals to Board 6’sTransportation Committee. DOTproposed to turn 6th Avenuebetween 23rd Street and AtlanticAvenue into a northbound one-wayavenue, and 7th Avenue betweenFlatbush and Prospect Avenues intoa southbound one-way avenue.


49

for a new review, in this case thecourt found substantial evidencethat Parks adequately informed theboard and it was aware of the detailsof the final plan. Parks held numer-

ous informal discussions and alsomade a detailed presentation to theboard. The court similarly foundthat Parks adequately informedLandmarks and the Art Commis-

sion and that it had not made anymaterial omissions to either.

Greenberg v. City of New York, 2007 N.Y.Slip Op. 01943, (1st Dep’t Mar. 8, 2007).


CITYLAND PROFILES

To David West, the increased sophistication of the land use process leads to better design

When architect David West joinedCostas Kondylis and Parteners

LLP in 1995, its founder suggested thathe become the firm’s expert on the City’szoning resolution. West, now a partner,shepherds the firm’s zoning analyses,responding to nearly 300 yearly requestsregarding what a site’s zoning will allowand handling the firm’s appearancesbefore BSA, Landmarks and the PlanningCommission. In the past few years, heworked on the Plaza Hotel’s complicatedconversion, the complex path to CityCouncil approval for Tribeca’s 200 Cham-bers Street project, and the final designfor the mid-town development that usedthe Hirschfeld Theatre’s air rights.

West talked to CityLand about theCity’s intricate land use process, the risein “star” architecture and his next Tribecabattle.

Three-dimensional Zoning. To learnthe zoning resolution, West said he satdown to read it “cover to cover.” He looksat the text with a different perspectivethan land use attorneys, seeing the textin its three dimensions. West said heknows what building form the text is try-ing to achieve and the type of architec-ture that a site will yield, moving beyondlisting the site’s permitted uses and itsallowable, maximum floor area. Althoughhe, like other architects, gets frustratedwith the zoning resolution’s complexityand nuance, he describes it as an amaz-ing achievement. Its complexity allowsthe bulk of development in the city to beas-of-right, which West, who grew up inLos Angeles and studied architecture atBerkeley, noted is remarkable given thecity’s density and height.

Unburdened Design. West finds

developers increasingly disinterested inpursuing a development plan that wouldtrigger the ULURP process. Estimatingthat the process realistically adds one-and-a-half to two years to a project, Westsees the significant rise in acquisitioncosts as the cause of this change and notthe time delay of discretionary reviews.Few developers can afford the risk.

In just the past ten years, West saidsignificant changes also occurred in theCity’s land use review process. Commu-nity boards have become much moresophisticated, and the City Council isnow an “active player.” Ten years ago, ifthe Planning Commission approved aspecial permit, that would be the end.Now, West said, the City Council wants asay and requires developers to makeconcessions.

Overall, West viewed the change inthe Planning Commission’s review underits Chair Amanda Burden to be the mostsignificant. According to West, the mes-sage to architects is clear: the Commis-sion wants to see good design. Heexplained that even if the permit orrequest does not involve the design with-in the Commission’s purview, the Com-mission wants to see drawings. Westsees the change as a positive one sinceit leads to better architecture. He addedthat the new trend of bringing in “star”architects “owes something to AmandaBurden.” In West’s opinion, these archi-tects are not brought in solely to get adifficult discretionary approval through;Developers are also more interested indesign.

Changing Tribeca. Despite the certaincontroversy, West speaks almost lyricallyabout his client’s, Shahab Karmely, new

plan for the former plate-glass factorybuilding at 443 Greenwich Street inTribeca. Talking of the building’s “subtle-ty of details,” West called it “almost aperfect example” of an airy loft building.Karmely bought the building in 2006 for$113 million and plans to seek Land-marks’ approval to allow use of the man-ufacturing-zoned building, located withina Tribeca historic district, as a hotel andapartments in exchange for a plan to pre-serve it. But the building is now fullyoccupied with artist live-work space andsmall office users like the Tribeca FilmFestival.

The plan faced opposition when Westpresented it at the March 30th Communi-ty Board 1’s Landmarks Committeemeeting, prompting Council Member AlanGerson to comment that the City needs acomprehensive plan to protect artistspace within Manhattan’s dwindlingmanufacturing districts. The debate willplay out throughout the process, whichwill require Landmarks, Planning Com-mission and City Council approvals. ToWest, a zoning waiver from Landmarks is“one of the most complicated” discre-tionary permits to receive, but with thebuilding’s preservation, it gives “some-thing back to the City.”

West emphasized that City Planningwas in the midst of a Tribeca rezoningstudy that, as it currently stands, wouldpropose a commercial zoning for Karme-ly’s site. It would ultimately allow thehotel/residential use as-of-right. But,West added, Karmely would not wait forthat rezoning due to its time delay anduncertainty.

— Molly Brennan


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

New Decisions Added to CITYADMINwww.citylaw.org – March 2007*

CITY COUNCIL

RES. NOS. PROJECT DESCRIPTION DATE

753-756 Jamaica Courthouse Redev., QN Zoning map change; Disposition of City property; 3/14/2007special permit (parking garage); special permit (base height)

757 Knickerbocker Ave. Cluster, BK UDAAP by HPD (12 lots) 3/14/2007

758 Baltic/Atlantic (4), BK UDAAP by HPD (3 lots) 3/14/2007

759 Site Brooklyn A (3), BK UDAAP by HPD (2 lots) 3/14/2007

760 Site Brooklyn A (2), BK UDAAP by HPD (1 lot) 3/14/2007

761 Site Van Buren (3), BK UDAAP by HPD (2 lots) 3/14/2007

762 Site Brooklyn C (2), BK UDAAP by HPD (2 lots) 3/14/2007

763 Central Brooklyn (3), BK UDAAP by HPD (6 lots) 3/14/2007

764 48 Weirfield St., BK UDAAP by HPD (4 lots) 3/14/2007

765 428 E. 139th St., BX UDAAP by HPD (1 lot) 3/14/2007

766 225 E. 118th St., MN UDAAP by HPD (7 lots) 3/14/2007

767 417 Neckar Ave., SI UDAAP by HPD (1 lot) 3/14/2007

† 768 New Brighton Hall, SI Landmark rescission 3/14/2007

769 Elwell House, BK Landmark designation 3/14/2007

770 88-01 102nd St., QN School site plan 3/14/2007

771 557 DeKalb Ave., BK Cancel restrictive declaration 3/14/2007

791 W 145th St. Rezoning, MN Zoning map amendment (11-story bldg.) 3/28/2007

792 906 E. 178th St., BX UDAAP by HPD (1 lot) 3/28/2007

793 Woodhull Health Ctr., BK Lease of vacant parcel 3/28/2007

794 38 Carroll St., BK Amend zoning (2 res. bldgs.) 3/28/2007


PROJECT NAME DESCRIPTION LOCATION ULURP # DATE

River Terrace Garage Special permit (369-space garage) MN 1 C060367ZSM 2/28/2007

Horace Mann School City map amendments (West 246th and BX 8 C010283MMX; 2/28/2007250th Streets) C010284MMX

Carroll Street Amend zoning (2 res. bldgs.) BK 6 C060018ZMK 2/28/2007

27 Wooster Street Mod. of use to allow res./retail; MN 2 C060492ZSM; 3/14/2007Special permit (10-space garage) C060493ZSM

269 Henry St. Firehouse Disposition of City property MN 3 C070132PPM 3/14/2007


ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

415 Washington St., MN Const. 9-story res. bldg. App'd 128-06-BZ Juan D. Reyes III

471 Washington St., MN Const. 9-story res. bldg. App'd 181-06-BZ Greenberg Traurig

153 Spring St., MN Special permit (spa) App'd 97-06-BZ Stuart A. Klein

46 Bond St., MN Increase floor area, lower ht. App'd 98-05-BZ II Friedman Gotbaum

363 Lafayette St., MN Construct 8-story building App'd 64-06-BZ Greenberg Traurig

4 E. 3rd St., MN Leg. hotel in res. zone App'd 266-06-BZ Friedman Gotbaum

408 W. 13th St., MN Variance for 5-story bldg. (yard) App'd 275-06-BZ Friedman Gotbaum

23 W. 45th St., MN Special permit (spa) App'd 285-06-BZ Sheldon Lobel

885 Second Ave., MN Special pemit (NY Sports Club) App'd 218-06-BZ Fredrick A. Becker

39 W. 56th St., MN Special permit (spa) App'd 96-06-BZ Stuart A. Klein

609 Madison Ave., MN Special pemit (spa) App'd 178-06-BZ Fredrick A. Becker

140 E. 63rd St., MN Special permit (Equinox Gym) App'd 107-06-BZ Kramer Levin

458 W. 166th St., MN Ext. of term (parking lot) App'd 30-00-BZ Sheldon Lobel

515 W. 185th St., MN Const. 6-story academic bldg. App'd 180-06-BZ Kramer Levin

1717 Hering Ave., BX Vested rights (2-fam. dwelling) App'd 337-05-A Adam W. Rothkrug

1623 Avenue P, BK Ext. time for minor dev. Denied 85-06-BZY Eric Palatnik

1473 E. 21st St., BK Enlarge 1-fam. dwelling (FAR, open space) App'd 110-06-BZ Moshe Friedman

1500 E. 21st St., BK Enlarge 2-fam. dwelling (FAR, open space) App'd 236-06-BZ Moshe Friedman

1462 E. 26th St., BK Enlarge 1-fam. dwelling (FAR, open space) App'd 237-06-BZ Moshe Friedman

1820 E. 28th St., BK Enlarge 1-fam. dwelling (FAR, open space) App'd 115-06-BZ Harold Weinberg

2801 Avenue L, BK Enlarge 1-fam. dwelling (FAR, open space) App'd 263-06-BZ Fredrick A. Becker

602 Coney Island, BK Ext. of term (phys. cult. est.) App'd 27-96-BZ Sheldon Lobel

2125 Utica Ave., BK Enlarge mixed-use building App'd 36-06-BZ Sheldon Lobel

51April 15, 2007 Volume 4 CITYLAND

New Decisions Added to CITYADMINwww.citylaw.org – March 2007*

BOARD OF STANDARDS & APPEALS (CONT.)

ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

325 South 1st St., BK Ext. time to complete const. W/D 244-01-BZ Sheldon Lobel

401 Elmwood St., BK Const. 3-story yeshiva App'd 54-06-BZ Eric Palatnik

1372 E. 29th St., BK Enlarge 1-fam. dwelling (FAR, open space) App'd 283-06-BZ Moshe Friedman

3447 Bedford Ave., BK Merge 2 dwellings into 1-fam. App'd 138-06-BZ Fredrick A. Becker

Beach 5th St., QN Vested right to complete App'd 182-06-A- Stadtmauer Bailkinresidential development 211-06-A

31-07 Downing St., QN Ext. of term (arcade) App'd 1038-80-BZ Davidoff Malito

37-11 35th Ave., QN Special permit (gym) App'd 272-06-BZ Joseph Morsellino

133-47 39th Ave., QN Special permit (decreased parking) App'd 427-05-BZ Eric Palatnik

23-40 120th St., QN Ext. time to complete const. App'd 104-02-BZ Joseph Morsellino

84-59 162nd St., QN Ext. time for minor dev. App'd 166-06-BZY Eric Palatnik

207-22 N. Blvd., QN Ext. time to complete const. App'd 240-55-BZ Joseph Morsellino

172-12 N. Blvd., QN Variance for fast-food rest. App'd 82-06-BZ Eric Palatnik

116-07 132nd St., QN Const. 1-family dwelling App'd 274-06-BZ Stadtmauer Bailkin

28-56 Steinway St., QN Legalize enlargement (NY Sports Club) App'd 157-06-BZ Fredrick A. Becker

164-17 Union Tpke., QN Ext. time for C of O App'd 166-75-BZ Rothkrug Rothkrug

7219 Grand Ave., QN Const. 3-story mixed-use bldg. App'd 213-06-A Fredrick A. Becker

80-35 Pitkin Ave., QN Special permit (radio tower) App'd 268-06-BZ Omnipoint Comm.

46-20 Greenpoint, QN Dismiss for lack of prosecution D'missed 383-04-BZ Anthony Cucich

182-15 Hillside Ave., QN Ext. time for C of O App'd 200-01-BZ Davidoff Malito

8000 Utopia Pkwy., QN Ext. time to const. parking App'd 124-02-BZ Howard Goldman

60-11 Queens Blvd., QN Ext. time for C of O App'd 60-82-BZ IV Eric Palatnik

9 Roosevelt Walk, QN Enlarge 1-family dwelling App'd 305-06-A Walter T. Gorman

96 Crabtree Ave., SI Vested right to continue App'd 77-06-A; Stephen Rizzoresidential development 78-06-A

2270 Clove Rd., SI Variance for drugstore parking App'd 67-06-BZ Joseph Morsellino

21 Cheshire Pl., SI Legalize add. to 1-fam. dwelling App'd 123-06-BZ Rampulla Assoc.

1653 Richmond St., SI Spec. permit (eating & drinking est.) W/D 175-06-BZ Rothkrug Rothkrug

LANDMARKS PRESERVATION COMMISSION

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO APP’D ISSUED

CERTIFICATE OF APPROPRIATENESS

140 Nassau St., MN Morse Building Replace infill 07-5830 Yes 2/14/2007

Riverside Park, MN Soldier & Sailor Monument Replace paving, benches, lights 07-5668 Yes 2/7/2007

Central Park, MN E. 102nd-108th St. Eliminate, create pathways 07-5715 Yes 2/9/2007

580 Broadway, MN SoHo-Cast Iron HD Install infill 07-5388 Yes 2/2/2007

171 MacDougal, MN Greenwich Village HD Inst. windows, doors, balconies 07-5914 Yes 2/15/2007

510 Hudson St., MN Greenwich Village HD Legalize addition 07-5729 Yes 2/7/2007

45 W. 10th St., MN Greenwich Village HD Replace doors, infill 07-5427 Yes 1/30/2007

13 Little W. 12th, MN Gansevoort Market HD Construct 5-story building 07-6013 Yes 2/15/2007

867 Broadway, MN Ladies' Mile HD Replace curbing 07-5625 Yes 2/6/2007

462 W. 23rd St., MN Chelsea HD Construct roof, rear adds. 07-4927 Yes 2/2/2007

16 E. 64th St., MN Upper East Side HD Replace sidewalk 07-3033 No 3/1/2007

825 Madison Ave., MN Upper East Side HD Reclad facade, repl. doors 07-6228 Yes 2/28/2007

175 W. 73rd St., MN Upper West Side/CPW HD Master plan: infill, inst. awnings 07-5356 Yes 1/26/2007

41 W. 74th St., MN Upper West Side/CPW HD Construct roof, rear adds. 07-5963 Yes 2/28/2007

108 W. 76th St., MN Upper West Side/CPW HD Replace facade, const. adds. 07-5856 Yes 2/12/2007

41 Sidney Place, BK Brooklyn Heights HD Replace rear yard addition 07-5631 Yes 2/14/2007

81 Atlantic Ave., BK Brooklyn Heights HD Replace infill, inst. awning 07-5817 Yes 2/9/2007

26 Remsen St., BK Brooklyn Heights HD Construct parapet wall 07-6309 Yes 2/27/2007

100 Clark St., BK Brooklyn Heights HD Const. roof add., bulkhead 07-5311 Yes 2/7/2007

11-15 Old Fulton, BK Fulton Ferry HD Const. 1-story rooftop addition 07-6022 Yes 2/15/2007

162 Hoyt St., BK Boerum Hill HD Repl. rear yard add., inst. balcony 07-6225 Yes 2/23/2007

447 Clinton Ave., BK Clinton Hill HD Construct rear add., bulkhead 07-5883 Yes 2/12/2007

83-09 35th Ave., QN Jackson Heights HD Leg. fence, master plan (windows) 07-3796 Yes 2/15/2007

34-57 82nd St., QN Jackson Heights HD Install awnings 07-6150 Yes 2/20/2007

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

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