city landarchive.citylaw.org/cityland/wp-content/uploads/sites/39/cityland/...the statement is a...

1

FEBRUARY 15, 2007 center for new york city law VOLUME 4, NUMBER 1

HighlightsCITY COUNCIL

City and Suburban Homes . . . . . . .1Queens plan sparks debate . . . . . . .3

CITY PLANNING COMMISSSIONWest 60th plan approved . . . . . . . . .4

BOARD OF STANDARDS & APPEALSMod design justifies variance . . . . .5Yeshiva can’t cater . . . . . . . . . . . . . . .6E. 63rd office closed . . . . . . . . . . . . . .7Park slope permit problem . . . . . . .8Superior Ink – Take II . . . . . . . . . . . .9

LANDMARKSLord Foster tower denied . . . . . . . . .9Harlem ballroom debated . . . . . . .10God’s BK home designated . . . . . .11De-landmarked SI Hall . . . . . . . . .12

DEPARTMENT OF BUILDINGSSelf-certification rules . . . . . . . . . .12

ECONOMIC DEVELOPMENT CORP.Atlantic Basin RFP . . . . . . . . . . . . .13IDA’s February calendar . . . . . . . . .13

PORT AUTHORITYTWA terminal restoration . . . . . . .13

COURT DECISIONSCouncil overturned . . . . . . . . . . . . .14Sir Evan’s loses party wall . . . . . . .14Cemusa remains standing . . . . . .15Cemetery bridge easement . . . . . .15

CITYLAND PROFILESLord Norman Foster . . . . . . . . . . . .16

CHARTSDCP Pipeline . . . . . . . . . . . . . . . . .4-5BSA Pipeline . . . . . . . . . . . . . . . . . . . .6ULURP Pipeine . . . . . . . . . . . . . . . . .7Landmarks Actions . . . . . . . . . . . . .8Landmarks Pipeline . . . . . . . . . . . . .9Citylaw.org New Decisions . . . .17-9

CITYLAND

16-year delay, Landmarks voted inNovember 2006 to reestablish all 15buildings as an individual land-mark. 3 CityLand 169 (Dec. 2006).

When the designation came upfor confirmation – this time to theCity Council – Council Member Jes-sica Lappin, Chair of the Subcom-mittee on Landmarks & Public Sit-ing, voiced support even before thepublic had a chance to speak, com-menting that it presented a rareopportunity to “right a wrong creat-ed by government.” She added thatits significance rested in the factthat it was “a full-lot tenement.”

After residents and preserva-tionists added their support, ownerStahl York Avenue Company’s attor-ney, Paul Selver, testified in opposi-tion. Selver’s main challenge to thedesignation came from the land-marks law, which requires that abuilding be “special” to substantiatedesignation. Selver argued that theFirst Avenue Estate failed to meetthis standard (cont’d on page 3)

BSA approved a variance for this modern condo to be built on Greenwich Avenue. Story page 5. Illustration: Eric Schuldenfrei, courtesy of Kohn Pedersen Fox Architects.

CITY COUNCIL

Designation

Lenox Hill, Manhattan

Council reverses 16-year-oldBd. of Estimate vote

Council re-designated buildingsdespite owner’s offer to tenants. OnFebruary 1, 2007, the City Councilvoted unanimously to overturn oneof the final actions of the Board ofEstimate. In 1990, Landmarks des-ignated the entire 15-building com-plex called the First Avenue Estatethat occupies the block bounded byEast 64th and East 65th Streets andYork and First Avenues. At its finalmeeting, the Board of Estimatecarved out two buildings from thedesignation to allow the owners toredevelop the site.

The new development nevermaterialized, and residents andpreservationists pushed the City tore-designate the buildings. After a

February 15, 2007 Volume 4 CITYLAND

2 Volume 4 CITYLAND February 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

Robert Moses’ answer to his critics With the opening of the museum shows and a new book on Robert Moses, I retrieved from my files Moses’

own response to Robert Caro’s 1974 biography The Power Broker. Not long after Caro’s book had appeared I readthat Moses distributed a 23-page response. I wrote him and asked for a copy. A few days later the Xeroxed state-ment arrived without a note or comment. Over the years I have shown the statement to many people, most ofwhom had not known that Moses had responded to Caro.

The statement is a great read. Moses’ power was at least partially due to his wonderfully rich verbiage andover-the-top imagery with which he defended his projects and attacked his opponents. Here are three examplesfrom Robert Moses’ response:

“The stink bombs of some lady critics don’t suffocate us. Several of these charmers said there was not one noteof beauty and no vestige of good taste or culture at both World’s Fairs at Flushing Meadow and that both wereoffensive and a total loss. The huge task of reclaiming this fetid meadow blocked by the biggest ash dump inmunicipal history, so well described in ‘The Great Gatsby,’ and widening a foul, tortuous, muddy brook into huge,beautiful lakes, all this was ignored by these ladies. I allude to those to whom I refer. Wild horses would not dragfrom me the names of these representatives of the not always fair sex.”

Another: “In appraising the qualifications of a writer to become an authority on public works there is really nosubstitute for successful experience and results visible to the naked eye. A foundation fellowship is no credential.It may only represent a poor investment and the familiar triumph of hope over experience.”

And another: “The author’s thesis is that I was once a pilgrim who made progress, fell among charlatans, losthis inspiration and never reached the Celestial City. This is a sad summary to which most observers on reflectionare not likely to subscribe. I prefer to believe that some of us may still be in demand when politicos of greaterrefinement and more sweetness and light have been found wanting.”

If you would like a copy of Moses’ full statement, drop me a note. I’ll send you a copy.Ross Sandler

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

Melanie Cash ’02Associate DirectorManaging Editor

Molly BrennanEditor, CityLand

Wessel GraphicsDesign Director

Kevin Schultz ’05Morgan Kunz ’06Fellows in New York City Law

Jesse DennoStaff WriterPublication Prod. Assistant

Caitlin HannonSubscription Coordinator

Alexandra Gellman ’07Michael 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, 2006. 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

3

CITY COUNCIL

Rezoning

Douglaston, Queens

Council modifies controversial Queens plan

Change by Planning Commissionrejected in part after lengthy Councilhearing. The City Council voted toapprove the rezoning plan for a 135-block area of the Douglaston andLittle Neck communities of Queensand rejected a portion of the modi-fications made by the PlanningCommission.

City Planning initially pro-posed a complex rezoning and textamendment for the area that down-zoned blocks found to have a zon-ing that permitted out-of-scalebuildings. It also reduced the depththat commercial uses could intrudeon residential districts and alloweda new grandfathering system forresidents who commenced alter-ation work on their homes prior tothe rezoning. Overall, the proposalrestricted over 65 percent of thedown-zoned area to single-familyhome construction.

After a public hearing, thePlanning Commission slightlymodified the proposal,carving out areas east ofMarathon Parkway andwest of Little Neck Parkwayto retain less restrictivezoning. When the proposalreached the City Council,residents and communitygroups split over whichproposal to support.

Some speakers claimedthat developers lay behindthe push to modify the firstplan, citing the fact thatdevelopers papered thecommunity with fliersclaiming the new zoningwould prevent residentsfrom modifying theirhomes. Others added thatthe community and Plan-ning painstakingly worked

out the original proposal and it had“logic” to it. Residents in favor of themodified proposal spoke aboutconcerns for their homes’ resalevalue.

Council Member Tony Avellaexplained that the grandfatheringprovision, which he proposed,reacted to a problem that arose afterthe Bayside down-zoning. To begrandfathered, Avella explained,developers “only had to pour foun-dations” on large out-of-characterapartments while residents’ alter-ations needed to be completelyconstructed. Avella said that thedown-zoning “inadvertently caughthomeowners in the middle.” Thenew process allows residents tocontinue alteration work if theDepartment of Buildings finds the structural framing complete.This eliminates the need for BSAapproval.

Avella closed the meeting with-out a vote. When the subcommitteereconvened on December 18th, thecouncil members voted to restore aportion of the original proposal,adopting a new R2A zoning alongfive blocks east of Marathon Park-way. The modified proposal movedto the full Council, which unani-mously approved.

LittleLittleNeckNeckBayBay

Udall'sUdall'sCoveCove

R3-1R3-1

R3-1

R2AR2A

R2AR2A

R1-2R1-2

R3-1R3-1

R1-2R1-2R1-

1

R2A

R1-2R1-2

Alley Pond Alley Pond ParkPark

R2AR2A

R4R4

R1-2R1-2

R3-2R3-2

R3XR3XR2R2

R1-2R1-2

R2AR2A

R2AR2A

R1-2R1-2

R2R2

North ShoreNorth ShoreTowersTowers

Creedmoor State Creedmoor State HospitalHospital

Alley PondAlley PondParkPark

M1-1M1-1

R2AR2A

R3-2R3-2

R2AR2A

R4-1R4-1

R3XR3X

R4R4R2R2

R3XR3X

R4R4

R2AR2A

R3-2R3-2R1-2R1-2

Douglaston ParkDouglaston Park

Golf CourseGolf Course

Long Island E

xpressway

Long Island E

xpressway

Grand C

entral P

arkway

Grand C

entral P

arkway

LittleNeckBay

Udall'sCove

R3-1

R3-1

R2A

R2A

R1-2

R3-1

R1-2R1-

1

R2A

R1-2

Alley Pond Park

R2A

R4

R1-2

R3-2

R3XR2

R1-2

R2A

R2A

R1-2

R2

North ShoreTowers

Creedmoor State Hospital

Alley PondPark

M1-1

R2A

R3-2

R2A

R4-1

R3X

R4R2

R3X

R4

R2A

R3-2R1-2

Douglaston Park

Golf Course

Rezoned Areas

Long Island E

xpressway

Grand C

entral P

arkway

Level of restriction debated by Council. Douglaston/LittleNeck Rezoning Adopted Zoning Districts Map used withpermission of the New York City Department of CityPlanning. All rights reserved.

because its developers, the City andSuburban Homes Company, con-structed its first, full-block afford-able housing tenement one blockaway, called the York Avenue Estate.Since special means “singular,” heargued, the York Avenue Estate, adesignated landmark, provided thebest example of City and Suburban’saltruistic housing principle.

If the Council permitted Stahlto construct a new building on thesite by a renowned architect, Selverexplained that Stahl would retain200 apartments, relocate displacedtenants to comparable apartmentson the block, and would invest $15million in the restoration of theremaining 13 designated buildings.Stahl’s new building could becomea “landmark of the future,” Selverargued, adding that, if Landmarksexisted in the 1930s, the city mightnot have the Empire State Buildingsince its construction requireddemolition of the original Waldorf-Astoria Hotel.

Lappin told Selver that heincorrectly referred to the Council’saction as “designation.” Landmarksdesignated the buildings twice,Lappin said, and the Council onlyconfirmed that action. She thenadded that the City has no need fora future landmark on the site,because “it has a landmark of thepresent.” When Selver responded toher arguments by saying the Coun-cil “should not rush” its vote, Lappinresponded “it has been 16 years.”

Responding to questions byCouncil Member James Oddo, Selverconfirmed that Stahl never dis-cussed the relocation offer with thebuildings’ tenants, and it was mak-ing it for the first time at the hearing.

After the public hearing closed,the subcommittee voted unani-mously to confirm Landmarks’ des-ignation. The full Council followedits recommendation.

Council: City and Suburban HomesCompany First Avenue Estate, 429 E.64th Street and 430 E. 65th Street (Feb.1, 2007). CITYADMIN

1

2

3

4

7

11

865

9

10

12

13

14

J.F .K .

NASSAUQUEENS

Queens

Rezoning Area


4

ULURP Process:Lead Agency: CPC, Neg. Dec.Comm. Bd.: QN 11, App’d, 29-12-2Boro. Pres.: App’dCPC: App’d, 13-0-0

Council: Douglaston Little Neck Rezon-ing (Dec. 20, 2006). CITYADMIN

CITY PLANNING COMMISSION

Rezoning/Special Permit

Lincoln Square, Manhattan

Open space at issue inrezoning near Lincoln Center

Proposal includes controversial newbulk waiver that will impact tencommunity districts. West 60thStreet Associates, LLC applied torezone 14 lots in Manhattan’s Lin-coln Square neighborhood frommanufacturing to commercial zon-ing. On 11 lots, West 60th woulddevelop a mixed residential andcommercial project with 301 rentalunits, 41 condos, 10,000 sq.ft. ofretail and 200 parking spaces. Alongwith a special permit for on-siteparking, West 60th proposed a textamendment that would allow a newbulk waiver by special permit.

As proposed, the text changewould allow developers of generallarge scale developments locatedwithin certain commercial districts,to vary the required height factorcalculation, a bulk measurementthat takes into account open space,height regulations and set backs toestablish the final building shape.The height factor often leads to buildings set back from thestreet, surrounded by open space. West 60th argued that a permittedvariation would result in improvedopen spaces and site plans. The textamendment would impact lots inten community districts in Manhat-tan, Brooklyn and Queens.

West 60th’s specific develop-ment would consist of three distinctbuildings connected on the groundfloor. A 27-story tower would frontWest 61st Street and contain 209rental units and 4,047 sq.ft. of com-munity facility space. A 14-story

CITY PLANNING PIPELINE

New Applications Filed with DCP — Dec. 8 – Jan. 31 2007APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE

ZONING TEXT AND MAP AMENDMENTS

Real Estate Indus. 10th & 11th Aves., W. 48th & Rezone (M1-5 to R8/C2-5); 070289ZMM; Kramer LevinW. 49th Sts., MN Spec. perm. (80-car public garage) 070290ZSM

DOS 2590 1st Ave., MN Rezone (R7-2 to M1-1); 070235ZMM; DCASSite selection (salt storage) 070236PSM

DCP Park Stratton, BX Rezone three areas of Park Stratton 070264ZMX DCP

DCP Classon Point/Harding Park, BX Rezone 34 blocks to R4A & R3A 070265ZMX DCP

Read Prop. Group 505 Bushwick Ave., BK Map change (mixed-use bldgs.) 070250MMK Herrick, Feinstein

HPD E. 163rd St., 3rd Ave., BX Rezone (C4-4 & R8/C14 to R8/C2-4); 070276ZMX; HPDUDAAP & Disp. (7 low-income bldg.); 070277HAX;Amend Renew. Plan (use, height) 070275HUX

JBJ LLC Wythe & Kent, BK Rezone (7-story mixed-use bldg.); 070245ZMK; Joseph VanceText change (incl. housing in MX-8) 070246ZRK

SPECIAL PERMITS/OTHER ACTIONS

Starbucks Corp. 454 Lafayette St., MN New-enclosed cafe with 77 seats 070255ECM Starbucks Corp.

HPD Clinton, South, & Cherry, MN Extend Renew. Plan for 5 years 070263HUM HPD

ADG Soho LLC 325 W. Broadway, MN Spec. perm. (2 mixed-use bldg.) 070247ZSM Decampo Diamond

QP Mgmt. NYC LLP Canal & Eldridge Sts., MN Spec. perm. (70-space garage) 070244ZSM Kaye Scholer

AG West Realty 133-145 W. 22nd St., MN Spec. perm. (156-space garage) 070261ZSM Cozen O'Connor

5-7 E. 17th St LLC 7 E. 17th St., MN Cancel restrictive declaration 070282CMM Lawrence Gerson

Carlisle 839 LLC 839 6th Ave., MN Plaza for 46-story mixed-use bldg.; 070231ZCM; Wachtel & MasyrCert. for open air cafe in plaza 070232ZCM

DD 11th Ave LLC 316 11th Ave., MN Spec. perm. (108-space garage) 070233ZSM Kramer Levin

BFP 245 Park 245 Park Ave., MN Reduce non-bonused arcade 070237ZCM Bryan Cave

Extell West Broadhurst Theater, MN Cert. transfer dev. rights 070242ZCM Kramer Levin

HPD 505 W. 51st St., MN UDAAP & Disp. (low-income rentals) 070260HAM HPD

405 W53 Corp. 405-427 W. 53rd St., MN Spec. perm. (209-space garage) 070305ZSM AKRF

CitySpire Condos 130 W. 56th St., MN Close through block, signage 960513AZSM DCCA

Rockerfeller Univ. 1230 York Ave., MN Mod. to LSCFD (research center) 821257CZAM Anderson Kill

HPD 1473, 1465 5th Ave., MN UDAAP & Disp. (41-units, 2-bldg.) 070308HAM HPD

HPD 2112 Frederick Douglas, MN UDAAP & Disp. (condo building) 070259HAM HPD

HPD 21-27 W. 128th St., MN UDAAP & Disp. (6-story res. bldg.); 070284HAM; HPDAmend Renew. Plan (parking) 070283HUM

HPD 2735 Frederick Douglas, MN UDAAP & Disp. (mixed-use res.) 070258HAM HPD

HPD 1247-1275 Grant Ave., BX UDAAP & Disp. (2 res. bldgs.) 070311HAX HPD

FDNY 1637-1645 Wash. Ave., BX Site selection (FDNY rescue bldg.) 070300PCX Philip Habib

HPD 3117-3127 Surf Ave., BK UDAAP & Disp. (7-story bldg.) 070274HAK HPD

HPD 906 E. 178th St., BX UDAAP (6-story, 35 units) 070266HAX HPD

HPD 713-717 Fox St., BX UDAAP & Disp. (7-story, 50-units) 070272HAX HPD

DEP McComb's Dam Bridge, BX Establish storm sanitary sewers 070226MDX DEP

HPD 1434-8 Morris Ave., BX UDAAP & Disp. (6-story condo) 070256HAX HPD

HPD 3120 Park Ave., BX UDAAP & Disp. (home and/or condo) 070257HAX HPD

LB Northeast Dev. 300, 310 Zerega Ave., BX Auth. for waiver for 195-ft road; 070230ZAX; Edward Cert. to subdivide for 12 homes; 070228ZCX; WeinsteinCert. no public access to waterfront 070229ZCX

HPD 419-431 E. 156th St., BX UDAAP (5-story low income bldg.) 070280HAX HPD

HPD 747 Elton Ave., BX UDAAP & Disp. (5-story bldg.) 070280HAX HPD

Volume 4 CITYLAND February 15, 2007

5

Reacting to opposition by bothBorough President Scott Stringerand Manhattan Community Board7, West 60th’s attorney presented acompromise at the Planning Com-mission’s public hearing. The devel-oper suggested that the text changebe altered to restrict the reductionin open space to no less than 50 per-cent of that required in the code.

On January 10, 2007, the Com-mission approved all of the applica-tions with the modification to thebulk waiver suggested by the devel-opers. Only Commissioner Angela

R. Cavaluzzi opposed. In voting to approve, the

Commission noted that the pro-posed building was superior to anas-of-right development, whichwould produce a single 37-storytower that would cast shadows onneighboring buildings. The rezon-ing matched the existing contextof the neighborhood and theparking garage would not undulyinhibit traffic and pedestrian flow.

The City Council’s Zoningand Franchises Subcommitteescheduled a hearing for January30, 2006, but postponed it at therequest of Council Member GaleBrewer, the district’s representa-tive.

ULURP Process:Lead Agency: CPC, FEIS

Map AmendmentComm. Bd.: MN 7, App’d, 40-0-1Boro. Pres.: App’dCouncil: pending

Text Amend/Bulk PermitComm. Bd.: MN 7, Den’d Boro. Pres.: Den’dCouncil: pending

Garage PermitComm. Bd.: MN 7, Den’d, 35-4-0 Boro. Pres.: Den’dCouncil: pending

CPC: West 60th Street (N 060103 ZRY –text amendment); (C 060104 ZMM –map amendment); (C 060105 ZSM –special permit, bulk); (C 060106 ZSM –special permit, garage) (Jan. 10, 2007)(Kramer Levin, for West 60th StreetAssociates, LLC). CITYADMIN

BOARD OF STANDARDS OF APPEALS

Variance

Greenwich Village, Manhattan

11-story project approved forGreenwich and Eighth Aves.

Proximity to subway and historicdistrict created uniqueness. Manhat-tan developer sought a variance tobuild an 11-story, mixed residentialand commercial project on a10,697-square-foot lot at 122 Green-wich Avenue at Eighth Avenue,arguing that the lot’s proximity to

Proposed open space for new mixed-use building on West 60th and West 61st Streets. Image: Mark Sullivan, the Sullivan Group.

CITY PLANNING PIPELINE (continued)

APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE


Capri Optics/EDC 37th St. Spec. perm. (commercial bldg.) 070227ZSK Capri Optics/EDC

HPD 562-566 Gates Ave., BK UDAAP & Disp. (34-unit condo) 070243HAK HPD

HPD 888-908 Liberty Ave., BK UDAAP & Disp. (3-story, 64-units) 070313HAK HPD

HPD 575 5th Ave., BK UDAAP & Disp. (49-homeless units) 070262HAK HPD

LPC 70 Lefferts Pl., BK Landmark (Elwell House) 070249HKK LPC

HPD 730 Rockaway Ave., BK UDAAP & Disp. (7-story bldg.) 070273HAK HPD

DSBS Sunnyside, QN Business Improvement Dist. 070291BDQ DSBS

Allied Princess Purdy Pl, Seguine & Holton, SI Spec. perm. (mod. to site plan) 870058DZSR Herrick, Feinstein

LPC 66 Lafayette Ave., SI Landmark (New Brighton Village Hall) 070248HKR LPC

Nadine Street LLC 31 Nadine St., SI Cert. restoration plan (3-story office); 070238ZCR; Rampulla Assoc.Cert. no spec. permit or auth. needed 070239ZCR

OVAS Bldg. Corp. 15-41, 14-58 Serena Ct., SI Tree rem. & mod. of topo (40-units); 070304RAR; Moss & SayadCert. (sub. to 23 lots); 070302RCR;Cert. (curb cut) 070303RCR

Target Corp. 470 New Dorp Lane, SI Auth. for 440 less parking spaces 070293ZAR Fried, Frank


building with 92 units and 2,207sq.ft. of retail would front West 60thStreet and, west of it, a nine-storybuilding would stand with 41 condounits and 7,717 sq.ft. of retail. Openspace would be provided in an L-shaped, 7,664-square-foot interiorcourtyard that would abut all threebuildings. A second open spacewould be located east of the 27-story tower and would be visiblefrom the West 61st Street sidewalk.It would include 15,422 sq.ft. oflandscaped open area including atennis court.

BSA PIPELINE

New Applications Filed with BSA – Dec. 4, 2006-Jan. 25, 2007

APPLICANT PROJECT/ADDRESS DESCRIPTION APP. # REPRESENTATIVE

VARIANCES

Okada Denki Sanyo 50 Laight St., MN Const. 8-story bldg. 328-06-BZ Francis Angelino

BX Lebanon Hosp. 199 Mt. Eden Pkwy., BX Ambulatory care in res. zone 15-07-BZ Slater & Beckerman

Putnam Holding 3647 Palmer Ave., BX Const. 3-family dwelling 331-06-BZ Stadtmauer Bailkin

Blaseboro Realty 2960 Webster Ave., BX Accessory parking (BX Bot. Gdn.) 316-06-BZ Jesse Masyr

Merkaz 1739 Ocean Ave., BK Permit synagogue, pre-school 315-06-BZ Eric Palatnik, P.C.

Marathon Hosiery 25 Carroll St., BK Convert manuf. to res. use 33-07-BZ Rothkrug Rothkrug

Joseph Giahn 41-06 Junction Blvd., QN Const. 5-story retail/res. bldg. 11-07-BZ Dominick Salvati

Alfred Caligiuri 29-26 Bell Blvd., QN Expand 2-family dwelling 333-06-BZ Joseph P. Morsellino

Hamid Kavian 117-57 142nd Pl., QN Const. 1-family dwelling 322-06-BZ Rothkrug Rothkrug

George Smirnov 118 Graham Blvd., SI Const. 2-story bldg. 10-07-BZ Kenneth Philogene


MGreen Tea, Inc. 152 Franklin St., MN Legalize spa 14-07-BZ Ivan F. Khoury

Escava Brothers 100 Delancey St., MN Permit phys. cult. est (gym) 325-06-BZ Eric Palatnik, P.C.

Park Towers S. Co. 315 W. 57th St., MN Permit phys. cult. est (gym) 321-06-BZ Fredrick A. Becker

58th Lex Assoc. 133 E. 58th St., MN Legalize phys. cult. est. 327-06-BZ Eric Palatnik, P.C.

Daytop Village 2614 Halperin Ave., BX Parking 16-07-BZ Juan D. Reyes

Zahav Enterprises 1120 E. N. Y. Ave., BK Change of use (parking lot) 13-07-BZ Jesse Masyr

Savio and Buonanno 1792 W. 11th St., BK Enlarge 1-family dwelling 1-07-BZ Fredrick A. Becker

Machla Abramczyk 1119 E. 23rd St., BK Enlarge 1-family dwelling 334-06-BZ Fredrick A. Becker

211 Service LLC 211 63rd St., BK Permit rooftop parking 319-06-BZ Sheldon Lobel, P.C.

Mikhail Kremerman 2565 E. 17th St., BK Permit spa 314-06-BZ Eric Palatnik, P.C.

E.C. Hassell Inc. 146-10 Brewer Blvd., QN Permit radio tower 32-06-BZ Omnipoint Comm.

Albino J. Testani 34-34 Bell Blvd., QN Permit phys. cult. est 329-06-BZ Wholistic Health

Sun Company, Inc. 49-05 Astoria Blvd., QN Reinstate variance (gas station) 318-06-BZ Eric Palatnik, P.C.

APPEALS

Ron Karo 3220 Tiemann Ave., BX Permit const. in mapped street 2-07-A Sheldon Lobel, P.C.

Casilda Soto 1449 Rosedale Ave., BX Appeal DOB closure 324-06-A Al Muhammad

Furman LLC 4368 Furman Ave., BX Appeal permit denial 320-06-A Rothkrug Rothkrug

College Pt Holding 127-09 Gurino Dr., QN Permit 4 bldgs. in mapped street 6-07-A- Sheldon Lobel, P.C.9-07-A

Breezy Pt. Co-op 636 Bayside Ave., QN Not provided 332-06-A Valentino Pompeo

Breezy Pt. Co-op 203 Oceanside Ave., QN Expand home in mapped street 330-06-A Walter T. Gorman

DEP 180th St., QN Permit const. in mapped street 317-06-A DEP

Gorian Papa 72-40 Myrtle Ave., QN Appeal DOB decision 34-07-A Valentino Pompeo

Thomas Tuminello 25 Allegro St., SI Build fronting unmapped street 12-07-A David L. Businelli

Oleg Amayev 1523 Richmond Rd., SI Renew expired permit 326-06-A David L. Businelli

Michael Sidnam 389 College Ave., SI Expand home in mapped st. 323-06-A Vito J. Fossella

EXTEND CONSTRUCTION PERIOD

Chapel Farm 421 W. 250th St., BX Ext. time for minor development 17-07-BZY Sheldon Lobel, P.C.

Chapel Farm 5000 Iselin Ave., BX Ext. time for minor development 18-07-BZY Sheldon Lobel, P.C.

Chapel Farm 5020 Iselin Ave., BX Ext. time for minor development 19-07-BZY Sheldon Lobel, P.C.

Chapel Farm Not provided Ext. time for major development 20-07-BZY- Sheldon Lobel, P.C.31-07-BZY

6

the Eighth Avenue subway line, itssplit zoning, the shallow depth, itslocation within the Greenwich Vil-lage Historic District, and its oddfive-sided shape made an as-of-right building infeasible. The final11-story undulating glass designnecessitated variances to floor

area, lot coverage, height and setback, among others. Landmarksapproved the Kohn Pedersen FoxAssociates design in September2006, finding that its modern shape and materials created a contrast that would enhance theexisting surrounding buildings.

Vocal opponents to the projectincluded Borough President ScottStringer, City Council SpeakerChristine Quinn and the GreenwichVillage Society for Historic Preser-vation, who argued that due to itsdesirable location, the project hadno genuine financial hardship. Thelot currently contains a parking lot.

Relying on the developer’sexpert testimony, BSA approved,finding the site unique due to itsshallow depth and the fact that thesubway easement impacted theentire development site. BSA agreedwith the developer that Landmarks’approval and overall concerns for“design cohesiveness” played a“fundamental role” in the need forzoning waivers.

BSA: 122-136 Greenwich Avenue (132-06-BZ) (Dec. 12, 2006); LPC: 122 Green-wich Avenue (COFA# 07-1823) (Sept. 6,2006) (Paulina Williams, Fried Frank;Kohn Pedersen Fox Associates, for 122Greenwich Owner, LLC). CITYADMIN

BOARD OF STANDARDS & APPEALS

Variance/Appeal

Boro Park, Brooklyn

BSA denied catering use insynagogue’s basement

Catering hall operated independent-ly of synagogue use. In the 18,000-square-foot basement of its syna-gogue and school building, YeshivaImrei Chaim Viznitz operated apublic catering hall. The cateringhall had two lobbies, two kitchensand separate entrances to the street,and operated events seven days aweek. In 2004 and 2005, the hallheld over 320 events including wed-dings with over 500 guests.

The Department of Buildingsissued an order to close down thecatering hall, citing the fact that thesite’s residential zoning prohibitedcommercial uses, and Buildingscould not categorize the large cater-ing use, which advertised in the yel-low pages, as an accessory use to aschool and synagogue. Buildings


ULURP PIPELINE

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

East Harlem Salt Pile Site selection, zoning map change MN 11 C070236PSM; 12/18/2006(salt pile relocation) C070235ZMM

Capri Optics Const. warehouse in right-of-way BK 12 070227ZSK 12/18/2006

Sea Park West Coney Island Urban Renewal BK 13 070138HUK; 12/18/2006Plan amendment, UDAAP (parking) 070139HAK

Materials for the Arts Site selection (expansion) QN 1 070215PCQ 12/18/2006

The Savannah UDAAP (9-story bldg.) MN 10 070259HAM 1/8/2007

W. 146th St. Condo UDAAP (mixed-use bldg.) MN 10 070258HAM 1/8/2007

Park Stratton Rezon. Zoning map amendment BX 9 070264ZMX 1/8/2007

Harding Park Zoning map amendment BX 9 070265ZMX 1/8/2007

Gates Ave. UDAAP (34 units) BK 3 070243HAK 1/8/2007

575 Fifth Ave. UDAAP (49 units) BK 7 070262HAK 1/8/2007

Columbus Park Add. City map amendment (park) MN 1, 3 050436MMM 1/22/2007

505 W. 51st St. UDAAP (10 res. units) MN 4 070260HAM 1/22/2007

W. 128th St. Apts UDAAP (27 res. units) MN 10 070284HAM; 1/22/2007070283HUM

Melrose Commons UDAAP (5-story bldg.) BX 1 070280HAX 1/22/2007

POKO Condos II UDAAP (32 res. units) BX 1, 3 070257HAX 1/22/2007

Fox-Leggett Co-op UDAAP (7-story bldg.) BX 2 070272HAX 1/22/2007

Boricua Village/ Zoning map amendment; BX 3 070276ZMX; 1/22/2007Melrose Commons UDAAP (679 res. units); 070277HAX;

Const. Boricua College bldg. 070257HUX

POKO Condos I UDAAP (21 res. units) BX 4 070256HAX 1/22/2007

Shopwell Plaza Zoning map amendment BX 12 050308ZMX 1/22/2007

Surf Gardens UDAAP (77 res. units) BK 13 070274HAK 1/22/2007

The Rockaway UDAAP (64 res. units) BK 16 070273HAK 1/22/2007

Atlantic Ave. Ext. City map amendment (park) QN 12 070077MMQ 1/22/2007

Station Plaza City map amendment (road widening) QN 12 070078MMQ 1/22/2007

7

applied to BSA to revoke the Yeshi-va’s certificate of occupancy, argu-ing that Yeshiva Imrei received it byfraudulent means.

Yeshiva Imrei sued, obtaining acourt order to enjoin BSA from issu-ing any decision and requiring BSAto accept its variance application. Itthen argued that BSA should denyBuilding’s argument or, alternative-ly, grant a variance for the cateringhall since the school and synagogueneeded the income to stay afloat. Itadded that it spent millions on thebasement space in reliance on the Cof O, and case law and federal lawrequired BSA’s approval.

When questioned by BSA as towhether all the events held in thehall related to the school’s studentsor the synagogue’s members, Yeshi-va Imrei said that 50 percent of theevents did, but it offered no proof tosupport that claim. It added thatBrooklyn’s Boro Park communityneeded a low-cost alternative forweddings. As a final justification,Yeshiva Imrei mentioned severalother religious groups and culturalinstitutions, like the 92nd Street Y,Saint Bartholomew’s Church, River-side Church and the Museum of theCity of New York, which it claimedoperated similar events.

To be an accessory use, Build-ings pointed out that the cateringhall must be incidental, generallyfound on the same site, and second-ary to the permitted uses of theschool and synagogue.

BSA ruled that the use was notaccessory and denied the variance.BSA noted that the income streamcould be used to support the syna-gogue, but this alone would not jus-tify the catering hall’s location in aresidential district. No evidencesubmitted by Yeshiva Imrei showedthat the catering hall supported theschool or synagogue in its day-to-day functions, and the Yeshivafailed to prove that the site, build-ing, or lot created a hardship. BSAemphasized that Yeshiva Imreinever offered any evidence that thementioned institutions operated to

the same frequency and, after BSA’sindependent review, it discoveredthat several sat in commercialzones. Finally, there was nothing inthe federal law that prohibited BSA’sdenial since the decision would notimpact the Yeshiva’s religiousexpression. The Yeshiva was free touse the catering hall for a permittedaccessory use, like a student lunch-room or synagogue events.

BSA: 1824 53rd Street (60-06-A), (290-05-BZ) (Jan. 9, 2007) (Stuart A. Klien, for Yeshiva Imrei Chaim Viznitz; Angelina Martinez-Rubio, for DOB). CITYADMIN

CITYLANDComment: The revoca-tion of the Yeshiva’s C of O is pend-ing before BSA. A special hearing onthe issue is tentatively scheduled forMarch 2007.


Padlock Law

Lenox Hill, Manhattan

Limit in 66-year-old C of O compels office closing

Office space on E. 63rd Street onceused by adjacent Barbizon Hotel.Responding to neighbors’ com-plaints, the Department of Build-ings sent an inspector to 148 East63rd Street, who found that theoffices of Relais & Chateaux, hoteland restaurant owners, occupiedfour floors in the residentially-zoned building. Buildings issued anorder to close the offices under thePadlock Law, which OATH ALJ KaraJ. Miller upheld after a hearingrequested by the owners, Jeanetteand Elba Bozzo.


8


Vested Rights

South Park Slope, Brooklyn

BSA refuses to grandfatherconstructed condos

Developer built Park Slope condosbased on erroneously granted per-mits. In 1998, Flan Realty LLC pur-chased three contiguous lots; oneon 14th Street and two on 15thStreet between 7th and 8th Avenuesin Park Slope, Brooklyn. In 2000,Buildings approved Flan’s site planto develop each lot with a four-story, eight-unit condominiumbuilding. The three buildings werepart of a single condominium offer-ing plan, but due to a lack of finan-cial resources, Flan only obtained apermit for the 14th Street building.It completed construction andobtained a certificate of occupancyin 2002.

On April 30, 2003, the Cityrezoned parts of Park Slope, down-zoning Flan’s three lots from R6 toR6B, which made the completedbuilding and the two proposedbuildings non-complying as to floorarea ratio, maximum base height,and maximum building height.Despite the change, on May 7, 2003Flan obtained work permits to con-struct the two remaining buildings.Work continued until late 2005.With the condos almost complete,the Department of Buildings toldFlan to stop work and found thatFlan had no claim for grandfather-ing since it lacked valid permitsprior to the down-zoning.

Flan appealed to BSA, arguingthat the three buildings were part ofa single integrated project, andsince Buildings approved a site planshowing all three buildings, thecompleted 14th Street buildingestablished rights to complete theother buildings. Since it nearly com-pleted construction and alreadysold all the units, Flan claimed theequities tipped in favor of the newcondo owners and approval of thepermits.

Landmarks Actions Taken In Dec. – Jan. 2007FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D

December 12, 2006

431 6th Ave., BK Brooklyn Public Library Const. access ramp 07-2917 Yes

112 Mercer St., MN SoHo-Cast Iron HD Install infill 07-2799 W/Mod

148 Spring St., MN SoHo-Cast Iron HD Const. rooftop addition 07-2645 Yes

40 E. 73rd St., MN Upper East Side HD Mod. areaway, const. entrance 06-8439 Yes

100 Clark St., BK Brooklyn Heights HD Construct rear addition 07-2216 W/Mod

81 Atlantic Ave., BK Brooklyn Heights HD Install storefront 07-0905 Yes

34-15 84th St., QN Jackson Heights HD Construct garden wall 07-2932 Yes

240 Grosvenor St., QN Douglaston HD Demo portion, const. add. 06-7514 Yes

January 16, 2007

26 Broadway, MN Standard Oil Building Install infill, signage 07-0909 Yes

476 Broome St., MN SoHo-Cast Iron HD Const. rooftop addition 07-1011 Yes

580 Broadway, MN SoHo-Cast Iron HD Install infill 07-2461 Yes

45 W. 10th St., MN Greenwich Village HD Alter entrance 07-1892 Yes

233 Carlton Ave., BK Fort Greene HD Const. new 4-story bldgs.; 07-1491; W/Mod;Report to CPC (mod. of use) 07-1701 W/Mod

1-23 College Pl., BK Brooklyn Heights HD Alt. facade, const. add. 06-6688 Yes

12-14 College Pl., BK Brooklyn Heights HD Const. rooftop addition 07-1702 Yes

25-04 West Dr., QN Douglaston HD Demo house, const. house 07-2875 W/Mod

January 23, 2007

1220 Fifth Ave., MN Museum of the City of N. Y. Alter courtyard design 07-4525 Yes

51 Murray St., MN Tribeca South HD Ext. Install infill, cornice 07-1539 W/Mod

40 Walker St., MN Tribeca East HD Report to CPC (mod. of use) 07-2903 Yes

483 Broadway, MN SoHo-Cast Iron HD Remove vault lights 07-0593 No

62 Crosby St., MN SoHo-Cast Iron HD Replace windows 07-3264 W/D

469 W. Broadway, MN SoHo-Cast Iron HD Install signage 07-3499 W/D

870 Broadway, MN Ladies' Mile HD Replace shopfront, entrance 06-7765 Yes

655 6th Ave., MN Ladies' Mile HD Est. master plan (infill, signs) 07-3512 W/D

39 E. 74th St., MN Upper East Side HD Mod. illegal roof addition 07-3344 Yes

41 W. 74th St., MN Upper West Side/CPW HD Const. rear, roof adds. 07-2479 Yes

125 W. 75th St., MN Upper West Side/CPW HD Construct rear addition 07-2780 Yes

180 W. 81st St., MN Upper West Side/CPW HD Alt. facade, inst. Infill 07-3563 Yes

1289 Madison Ave., MN Carnegie Hill HD Extend window railing 07-3247 Yes


The Bozzos appealed to BSA,arguing that the original 1940 cer-tificate of occupancy authorizedoffice use as of right and that Relais& Chateaux used some of the spaceresidentially when its “out-of-state”employees from New Jersey neededto stay in the city overnight. Build-ings countered that the 1940’s zon-ing prohibited office space, and theC of O indicated that the officespace was accessory to the BarbizonHotel. Buildings added that theaccessory use became illegal in1961 when the City adopted itscomprehensive zoning code, but itcould remain if the Bozzos couldshow it operated continually asoffice space over the years.

The Bozzos, owners since 1996,

claimed to have thrown out theoriginal leases and held no proof ofthe building’s uses.

BSA found it “dubious” thatBuildings would issue a C of O in1940 for a prohibited use andagreed with Buildings that the C ofO’s text indicated the space operat-ed as part of the hotel. BSA thendenied the Bozzos’ appeal andrevoked the C of O since the ownersfailed to provide proof of uninter-rupted office use.

BSA: 148 East 63rd Street (164-06-A),(270-06-A) (Dec. 12, 2006) (Peter Geis,Cozen O’Connor, for Bozzos; IngridAddison, Lisa M. Orrantia, for DOB);OATH: DOB v. Owners of 148 E. 63rdStreet, Index No. 994/06 (June 29, 2006).CITYADMIN

9

BSA denied Flan’s arguments.BSA noted that it would not applythe single integrated project theoryto small projects because pastapplication of the principle in-volved projects on large tracts ofland where street construction orother large infrastructure delayedpermits. Flan could easily haveobtained valid permits for eachbuilding before the zoningchanged, and, in fact, its lack offinancial resources and not a needfor shared physical infrastructurecaused the delay. Even if the theorywere applicable, BSA noted thatFlan failed to show that a physicalimprovement connected all threebuildings. Since Flan failed toresearch the new zoning andredesign the condos before con-struction, it could not call the resultunfair.

BSA: 357, 359 15th Street (154-06-A,155-06-A) (Jan. 9, 2007) (Howard Horn-stein, Cozen O’Connor, for Flan RealtyLLC; Lisa M. Orrantia, Amandus Derr,for DOB). CITYADMIN

CITYLANDComment: Flan Realtyis not planning to appeal the deci-sion, but is contemplating filing avariance application. Absent anappeal or variance, Flan will need toremove the top story from bothbuildings to comply with currentzoning.


Variance

Greenwich Village, Manhattan

Revised plan for Superior Inksite approved

Architect Robert A.M. Stern’s newdesign reduced needed variances.The Related Companies applied toBSA to alter its February 2006 vari-ance approval for a 15-story, mixed-use development to replace theSuperior Ink building on West Streetbetween Bethune and West 12thStreets. 3 CityLand 8 (Feb. 2006).The design change originated from Related’s replacement of the

original project architect, CharlesGwathmey, with Robert A.M. Stern.

When Related first soughtapproval from BSA, the site’s zoningrestricted uses to manufacturing.During the review process, the Cityrezoned the Far West Village, alter-ing the site’s zoning to one that per-mitted residential units as of right.Related’s proposal faced significantcontroversy from groups that want-ed to save the Superior Ink buildingand its 195-foot-tall smokestacks.Community groups pushed Land-marks to add the building to twoproposed historic districts underconsideration for the West Village. 3CityLand 79 (June 15, 2006). Ulti-mately, BSA approved a new build-ing with 64 residential units, includ-ing five townhouses, with a totalheight of 186.9 feet.

The new design lessened thedegree of the height and setbackvariances and eliminated theapproved commercial space. Thecommercial space would bereplaced with housing, increasingthe units to 84. Along West Street,Stern’s design reduced the approved83.5-foot set back to 66 feet, com-plying with the site’s zoning. Thesetback depth changed along WestStreet from a varying 12- to 17-footdepth in the Gwathmey design to aten-foot depth, which reduced thewaiver’s degree. The building’s totalheight remained unchanged.

BSA approved the amendedvariance application on January9th, noting that the revised designreduced the extent of the zoningwaivers needed for the structure.

The approval noted that no oneopposed the new design.

BSA: 469 West Street (48-05-BZ) (Jan. 9,2007) (Wachtel & Masyr, LLP; RobertA.M. Stern, for Related).

LANDMARKS PRESERVATIONCOMMISSION

Certificate of Appropriateness

Upper East Side, Manhattan

Landmarks rejects MadisonAvenue tower by vote of 9-1

Developer invited to submit anotherdesign. Following a lengthy presen-tation by real estate developer AbyRosen’s team, Landmarks indicatedits clear unwillingness to approvethe 26-story tower addition pro-posed to top the Parke-Bernetbuilding at 980 Madison Avenuewithin the Upper East Side HistoricDistrict.

The project architect Lord Nor-man Foster started the January 16thpresentation with a photograph ofthe original 1949 Parke-Bernetbuilding and its appearance now,after a 1950s alteration addedanother full-block story. Fosterargued that the heavy, horizontaladdition detracted from the originalbuilding, leading to the “paradox,”that, as Foster referred to it, a verti-cal contrast, or tower, would bestpreserve the design intactness ofthe original building.

Foster explained that his teamdesigned over 50 versions, alteringthe setback, height and profile


LANDMARKS PIPELINE

Proposed Designations – Dec. 2006 - Jan. 2007NAME ADDRESS ACTION DATE

Horn & Hardart 2710 Broadway, MN Heard 12/12/2006

Elwell House 70 Lefferts Pl., BK Heard; 12/12/2006Designated

Rutan Journeay House 7647 Amboy Rd., SI Heard 12/12/2006

New Brighton Hall 66 Lafayette Ave., SI Rescinded 12/12/2006

23 Park Place Bldg. 23 Park Place, MN Heard 1/16/2007

25 Park Place Bldg. 25 Park Place, MN Heard 1/16/2007

Renaissance Ballroom 2341 Powell Blvd., MN Heard 1/16/2007

10

Tower of Pisa, commenting that his-tory shows that the two buildingscan exist together.

Chair Robert Tierney endedthe discussion by calling Foster’sdesign “brilliant,” but the argu-ments for the tower “entirely unper-suasive.” Tierney encouraged Rosenand Foster to return with anotherproposal.

LPC: 980 Madison Avenue (07-2265 &07-2266) (Jan. 16, 2007).


Hearing

Harlem, Manhattan

Future of historic Harlemballroom debated

Community group claimed land-marking would hinder responsibledevelopment plans. On January 16,2007, Landmarks held a hearing onthe Renaissance Ballroom and Casi-no, comprised of two buildings atAdam Clayton Jr. Boulevard andWest 137th Street in Harlem. “TheRennie,” as it was known, wasdesigned by architect HarryCreighton Ingalls and built in stagesbetween 1920 and 1923. One of thefirst entertainment complexes inHarlem, and one of the largestAfrican-American owned enterpris-es in the city, the Renaissance host-ed theater, sports, and privateevents. Prominent artists like W.E.B.DuBois and Langston Hughesgraced its stage, as did the HarlemRens, a team in the basketballequivalent to baseball’s Negroleague. Inspired by Islamic architec-ture, the Renaissance features deco-rative brickwork modeled on NorthAfrican tile murals and terra cottaornamentation. The building cur-rently lies in a state of extreme dis-repair, with trees growing out of thepartially caved-in roof.

The Abyssinian DevelopmentCorporation, a non-profit commu-nity development organization,owns the Renaissance. Chaired by

before the design reached its final,slim, two-tower, stepped-profile. Ashe spoke, he pointed to the modelsgrouped before him and projectedrenderings on a large screen facingthe hearing room. Foster showedthe Upper East Side skyline at duskwith his tower’s added silhouette,calling it a “sympathetic and har-monious cluster” in relation to thenearby Carlyle Hotel. He arguedthat if he repeated the Carlyle towerdesign, the result – projected ontothe front screen – would be a bulkyincarnation that detracted from itsParke-Bernet base. Seeming toanticipate the commissioner’s com-ments, Foster added that his finaldesign “was not a building thatcould be transferred anywhere.”

Foster’s presentation alsotouched upon changes in facadematerials, the pedestrian views ofthe tower from 53 street corners,and the proposed green buildingtechnology. When he summed up,the public hearing room broke intoapplause.

Rosen’s other team members,historic preservationist WilliamHiggins and attorney Michael Siller-man, argued that approval wouldbe distinct from other applicationssince the Parke-Bernet building

uniquely occupied an entire cityblock.

When asked about the tower’sneeded zoning waivers, Sillermanadded that when the City enactedthe code section that allowed zon-ing waivers for designated build-ings, the intent was to make a devel-oper “whole” because designationrestricted as-of-right changes.

When the meeting opened upto Landmarks’ comments, Com-missioner Margery Perlmutter flatlydeclared that Rosen’s team failed tojustify how approval would not set adangerous precedent. Summariz-ing, she said that Rosen’s teamoffered only that the Parke-Bernetbuilding occupied an entire cityblock, and that was “simply notenough.” Perlmutter noted thatother historic districts contain full-block buildings, and she could seethe same argument stretched to afull block of similarly designedtownhouses.

Perlmutter then indicated herstrong disagreement with Siller-man’s position on the zoning waiv-er. If the intent was to make anowner “whole,” Perlmutter argued,“there would be no reason for airrights.” Commissioners RichardOlcott and Joan Gerner agreed thatRosen failed to justify the zoningwaiver since the restoration of theParke-Bernet building would notmerit 26 additional stories. Gernerand Commissioner ChristopherMoore set a limit on the addition tobetween two to five stories.

Commissioner Libby Ryan,noting she was not a trained archi-tect, said her issues rested withscale, height and the “severe” mate-rials. Others told Foster to “rethink”the mansard roof proposed for theParke-Bernet building, with Olcottcalling it “alien.” Several commis-sioners said they would approve therestoration plan for the Parke-Ber-net building, if Rosen submitted italone.

Only Commissioner Jan HirdPokorny supported Foster’s designwithout change. Pokorny passedaround a sketch of the Leaning

Lord Foster’s proposed building as it wouldhave appeared looking north on MadisonAvenue. Image: Foster + Partners.


11

Manhattan Borough PresidentScott Stringer testified that “land-marking is not always the best way to ensure preservation,” andAbyssinian’s project had “the poten-tial to be an important catalyst for improvement of this area ofHarlem.”

Preservationist groups seemedtorn between supporting designa-tion and the Abyssinian’s goals. LisaKersavage of the Municipal Art Soci-ety urged Landmarks to designate,but also to allow Abyssinian’s planto go forward, suggesting that theballroom be saved. The HistoricDistrict Council’s Ed Kirklandadmitted that the testimony swayedhim, and he renounced his submit-ted opposition to the project, butrequested that Landmarks not let goof oversight of the building’s fate byremoving it from consideration.Kirkland suggested that Landmarkssolely designate the building con-taining the ballroom, not the casinowhere the planned tower would bebuilt. Roger Lang of the LandmarksConservancy supported designa-tion and Abyssinian’s entire project.

Landmarks CommissionerRobert B. Tierney closed the hearingwithout comments from commis-sioners.

Renaissance Ballroom and Casino,2341-2349 Adam Clayton Powell, Jr.Boulevard (LP-2218) (Jan. 16, 2007).


Designation

Clinton Hill, Brooklyn

Demolition threatenedFather Divine’s Bklyn house

Clinton Hill villa-style mansion des-ignated. With a demolition permitapplication pending, Landmarksdesignated the Italianate-stylehome at 70 Lefferts Place in Brook-lyn’s Clinton Hill, one of the lastfree-standing individual homesremaining from the area’s past as asuburban enclave. Built in 1854 forthe merchant James W. Elwell, theInternational Peace Mission Move-ment and its leader Father Divine,who claimed to be God incarnate,purchased the home in 1931 andlived communally in it for severalyears where they offered free mealsto the public.

At the public hearing on desig-nation, Angel Lee, who lived in thehouse with Father Divine’s group,reminisced about the 1940s whenlines for banquets snaked aroundthe block, and “even if they had nomoney, no one went hungry.”Andrew Dolkart, Columbia Univer-sity architectural historian, calledthe Elwell House “an important partof Brooklyn’s history,” and SimeonBankoff of the Historic DistrictsCouncil referred to the vote byLandmarks as a “life or death deci-sion for this building.” A representa-tive of Council Member LetitiaJames chastised Landmarks, saying

Calvin Butts, pastor of the nearbyAbyssinian Baptist Church, thedevelopment corporation hopes totransform the building into a cul-tural and commercial centerdesigned by architect Max Bond.Included in the project would be a17-story residential tower contain-ing affordable and market-ratehousing. Abyssinian would demol-ish the adjacent, non-historicYMCA building to open views of theChurch’s spire and would build aglass arcade to shelter parishionersbefore and after services.

Calvin Butts, testifying at thehearing, claimed Abyssinian wouldrestore the original architecturaldetails, but if Landmarks designat-ed the building, their renewal plancould not go forward. Butts statedthat the “life or death of a criticalcommunity development” lay inLandmarks’ decision.

Former mayor David Dinkinsalso testified for Abyssinian. Dink-ins held his 1953 wedding receptionat the Renaissance and brought his photo album to the hearing.Dinkins testified that while he wasdedicated to safeguarding historicstructures, and commended thesponsors of designation, there was a“dire need for affordable housing”in Harlem, and Abyssinian’s planwould enhance the structure whilemaking it into a viable economicentity.

After years of neglect, the Harlem Renaissance Ballroom and Casino could get a second life.Image: LPC.

Brooklyn’s Elwell House built in 1871. Image: LPC.


12

it “seems to only put out fires, notprevent them.”

The owner’s attorney, RobertViviano, claimed that his clientalready received the needed demo-lition permit from the Departmentof Buildings, which Landmarks’General Counsel Mark Silbermanrefuted. Viviano then respondedthat designation would end allimprovement plans, leaving thehouse to deteriorate to neighbor-hood blight.

Following the bulk of the pub-lic’s testimony, owner Frank Morrisspoke, saying that he never heard ofFather Divine and failed to see thehouse’s history as remarkable. How-ever, Morris commented that com-munity concerns made him willingto protect the home’s frame as partof his planned condo development.

Despite Landmarks praise forMorris’s agreement to protect someaspect of the house, Chair RobertTierney recommended an immedi-ate vote due to the ambiguity overthe demolition permit’s status.When Landmarks voted unani-mously to designate, the remainingspectators responded with cheers.

LPC: James W. and Lucy S. ElwellHouse, 70 Lefferts Place, Brooklyn (LP-2215) (Dec. 12, 2006).


Designation

New Brighton, Staten Island

Landmarked SI village halldestroyed through neglect

Landmark status of SI lot officiallyrevoked. On December 21, 2006,Landmarks rescinded the designa-tion of the now vacant lot at 66Lafayette Avenue in New Brighton,Staten Island, where the NewBrighton Village Hall once stood,and after years of neglect, faceddemolition.

Landmarks Chair Robert Tier-ney commenced the hearing with abrief recital of the hall’s history.

are “moving very aggressively”when they hear of instances of neg-lect. Landmarks unanimouslyapproved the rescission.

LPC: New Brighton Village Hall, 66Lafayette Avenue (LP-2222) (Dec. 21,2006).

DEPARTMENT OF BUILDINGS

Adopted Rule Amendment

Citywide

DOB amends and expands self-certification rules

Grounds for suspension of architectsand engineers expanded. On Janu-ary 10, 2007, the Department ofBuildings adopted changes to itsself-certification program, expand-ing grounds for exclusion and sus-pension of participating architectsand engineers and authorizing theCommissioner of Buildings toimmediately suspend participantsto prevent a serious public safetythreat. Included within the newgrounds for suspension were casesof fraud, improper use of licenses orprofessional stamps, and negli-gence or incompetence in relationto Building’s rules and the zoningresolution.

Two speakers attended Build-ings’ hearing on the proposed rules,both in opposition. Buildings alsoreceived six written comments, allopposed. After the comment peri-od, Buildings made only one addi-tional change, slightly altering thedefinition of engineers and archi-tects. For a more comprehensivesummary, see 3 CityLand 143 (Oct.15, 2006).

The new rules take effect onFebruary 10, 2007.

1 RCNY §§ 13-11, 21-01, 21-02, CityRecord, January 10, 2007, at 80.

Landmarks designated the 1871-built hall in 1965. After several failedincarnations, including a doctor’soffice, Retrovest Associates pur-chased the hall in 1985, receivedLandmarks permits to renovate, butnever started the work. The buildingdeteriorated.

After years of neglect, Land-marks sued Retrovest for its failureto maintain, but while the case waspending, a windstorm destroyedthe hall’s roof. Exposed to the ele-ments, its deterioration accelerated,forcing the Department of Build-ings to order the hall to be demol-ished as unsafe. Retrovest ceded thesite to the City, and ultimately paid$1.1 million in penalties and settle-ment costs. After the City demol-ished the building, it started discus-sion with Staten Island’s Sisters ofCharity for development of a subsi-dized housing project for the elder-ly on the site. In order for construc-tion to proceed, Landmarks neededto rescind the designation.

At the hearing, BethesdaWilliams of the Historic DistrictsCouncil stated that HDC founditself in the odd position of neitheropposing nor supporting the rescis-sion. Williams urged that that thenew building be made to commem-orate the original hall. A speakerfrom the Preservation League ofStaten Island expressed hope thatLandmarks would react faster toavert similar loss of designatedbuildings. She specifically drewattention to the Bedell House onAmboy Road, which she claimedwould enter its second winter with-out windows.

Tierney commenced the dis-cussion, stating that he saw “noalternative” to the rescission, andthe Sisters of Charity project shouldproceed unimpeded. Commission-er Pablo Vengochea called the situa-tion a “sad state of affairs”, andreflected that “we need somethingto strengthen our teeth.” Mark Sil-berman, General Counsel for Land-marks, responded that the agencyhad been trying to address this issuefor the past ten years, and that they


Did you know?

That one third of all masstransit use in the United States

is in New York City?

13

ECONOMIC DEVELOPMENT CORPORATION

Request for Proposals

Red Hook, Brooklyn

Atlantic Basin project proposed

EDC seeks proposals to redevelopmarina and pier on Brooklyn water-front. In January 2007, the New YorkCity Economic Development Cor-poration requested proposals toredevelop the Atlantic Basin Mari-na, a 17-acre, 25-foot deep protect-ed bay and a 250,000-square-footportion of adjacent Pier 11. TheBasin, located in the Red Hook por-tion of Brooklyn, thrived as anactive port from 1847 until the1950s. In recent years it remainedlargely empty, used only to storederelict vessels.

The request seeks proposalsthat include a marina, marinerepair and refit facility, and amplepublic waterfront access. Otheruses can include boat sales, drystack storage and fueling facilities.EDC requires all responses to recog-nize that the RFP is part of the larg-er Red Hook revitalization effort,including the nearby BrooklynBridge Park and Brooklyn CruiseTerminal. Additionally, the City

expects to acquire the remainingportions of Piers 7-12 from the PortAuthority in 2007, and then plans torezone the entire area to encourageintegrated commercial, retail andindustrial development. Currently,EDC controls Pier 11 under a 15-year lease from the Port Authority.

Developers must submit pro-posals by February 19, 2007.

New York City Economic DevelopmentCorporation Request for Proposals,Atlantic Basin Marina, Red HookBrooklyn (Jan. 8, 2007).

ECONOMIC DEVELOPMENT CORPORATION

Public Notice

Citywide

$811 million in bond offerings on IDA’s calendar.

February calendar includes 17 proj-ects. The New York City IndustrialDevelopment Agency, a componentof the Economic Development Cor-poration, will hold its monthly pub-lic hearing on February 8, 2007 for17 proposed projects includingbond offerings totaling $811 millionand seven straight-leases.

Included among the 17 proj-ects is a straight-lease to NBC Uni-

Brooklyn’s Atlantic Basin with Governors Island and Lower Manhattan in the background. Image courtesy of the New York City Economic Development Corporation.

versal of 1,380,000 sq.ft. of officespace at 30 Rockefeller Plaza. TheCity would lease the property fromthe building’s owner and sub-leaseit to NBC, exempting NBC fromtaxes. NBC would make paymentsin lieu of property taxes. IDA alsoproposes to exempt NBC’s purchaseof equipment, furniture, and otherfixtures from City and State salesand use taxes.

Another proposal wouldauthorize the issuance of $650 mil-lion in Liberty Bonds to One BryantPark LLC in order to refinance a new 51-story, 2-million-square-footoffice building on Sixth Avenue andWest 42nd Street, with Bank ofAmerica as the anchor tenant.

The full official notice can befound at http://www.nyc.gov/edc.The public notice warns that EDCcan remove calendared items priorto the hearing.

New York City Industrial DevelopmentAgency, Notice of Public Hearing (Feb.8, 2007).

PORT AUTHORITY OF NY & NJ

Request for Proposals

Jamaica, Queens

Landmarked TWA terminalrestoration project proposed

Port Authority seeks proposals forrestoration of former TWA terminalat JFK airport. Designed by archi-tect Eero Saarinen, the building wasTWA’s terminal from 1962 until2001. The main building consists offour reinforced-concrete vaults sep-arated by narrow skylights, and isflanked by two wing-shaped, single-story extensions. Two elevated ovaltubes made of steel framing with astucco finish connect the mainstructure to the flight wings.

In 1994, Landmarks designat-ed the interior and exterior of theterminal building, the two connect-ing tubes, and one of the flightwings as an individual landmark.

The Port Authority of New York& New Jersey requested proposals


14

for the adaptive redevelopment ofthe main building and connectingtubes. The RFP allows wide latitudefor prospective developers to pro-pose different uses. The renovatedbuilding will serve as an entry wayto the new JetBlue terminal underconstruction behind the mainbuilding. The RFP includes adetailed list of specifications onhow the developer should restorethe building’s interior and exterior.Yearly rent for the entire site will beapproximately $554,000.

Developers must submit pro-posals by April 4, 2007.

Port Authority of New York & New Jer-sey Request for Proposal, TWA FlightCenter, JFK (Dec. 8, 2006).

COURT DECISIONS

City Council

Bedford-Stuyvesant, Brooklyn

Council overturned on refusalto remove use restriction

Brooklyn developer still cannotbuild housing. Middleland Inc.sought to rezone three lots onDeKalb Avenue and Spencer Streetin Brooklyn and remove a 1975restriction recorded on the site thatlimited its use to accessory parkingfor an adjacent IBM plant, closedsince 1993 and now occupied by aHome Depot. Middleland plannedto construct housing on its site.

Despite the Planning Commis-sion’s approval, the City Councilrejected both of Middleland’srequests, citing the need for jobs incentral Brooklyn and CommunityBoard 3’s unanimous disapproval. 2CityLand 148 (Nov. 15, 2005).

Middleland challenged thedecision, arguing in its article 78petition that the Council based itsdenial on discriminatory com-ments made by community boardmembers during the board’s hear-ing when members characterizedthe project as “segregated housing”and commented that “these peo-ple” were “milking the county.”

Middleman also argued thatthe recorded restriction constitutedan unconstitutional taking since theproperty could only be used byIBM. The City responded that theIBM language was descriptive only,and Middleland could lease theproperty to other nearby manufac-turing plants.

Justice Wayne Saitta agreedwith Middleland in part, orderingthe Council to void the restrictionsince it operated as an illegal taking.Because the language limited use toone owner and parking for an “adja-cent manufacturing use,” it elimi-nated any viable future use of theproperty. The court rejected theCity’s claim that an “adjacent man-ufacturing plant” could lease thesite, pointing out that a HomeDepot, not a plant, occupied theadjacent lot, and it had no need foradditional parking.

The court refused to overturnthe rezoning, finding no evidencethat the discriminatory commentshad an effect on the council mem-bers. Judge Saitta stressed that dis-criminatory intent cannot beimputed. The court noted that theCouncil acts in its legislative capac-ity when it votes on a rezoning, enti-tling it to the strongest presumptionof validity and restricting article 78petitions to cases where the Councilacted arbitrarily.

Middleland Inc. v. City Council, N.Y.L.J.,Jan. 17, 2007, at 23 (KingsCty.Sup.Ct.)(Saitta, J.) (Michael A. Cardozo, forCouncil; Richard Lobel, Sheldon Lobel,for Middleland.)

COURT DECISIONS

Party Wall Easement

Midtown East, Manhattan

One-time party wall mustcome down

Support wall became ivied back-drop for lavish garden. In 1867,developers built two adjacent Sut-ton Place buildings, 441 East 57thStreet and 447 East 57th Street,with a shared support wall and

entered into a party wall agreement.In the 1910s or 1920s, the owners of447 East 57th Street demolishedtheir three-story building and, yearslater, a garden for a neighboring co-op replaced the site where thebuilding once stood.

The party wall remained a sup-port wall for the five-story buildingon the western side. On the easternside, the wall became an ornamen-tal, ivied backdrop for the charityevents and parties hosted in the1,300-square-foot garden of authorSir Harold Evans and wife/editorTina Brown, whose co-op apart-ment opened onto the garden

In 2004, developer John Kullypurchased the remaining five-storybuilding and its air rights for $5.5million and proposed to demolishhis building to construct a 15-storyas-of-right condo. When Evanslearned of the plan to demolish thewall abutting his garden, he sued.Believing that the Department ofBuildings would reject demolitionpermits, Evans later dropped thesuit.

Kully then sued, seeking acourt declaration that he coulddemolish his building and the partywall. Sir Evans and the co-opdefended, arguing that Kully need-ed the co-op’s consent since thewall abutted the co-op and adding

A 15-story condo will replace the building covered in draping. Photo: Morgan Kunz.


15

that the wall’s location created aright to privacy that prohibiteddemolition.

The lower court agreed withKully, ruling that he could demolishhis building and the wall since theparty wall no longer served its stated purpose of providing jointstructural support. Evans and theco-op needed to prove that the wallwas a necessity rather than merely aconvenience, and, in addition, noprivacy right existed.

On appeal, the First Depart-ment affirmed, noting that for near-ly 80 years Kully’s building aloneused the wall for support. The use ofthe wall by Evans was a “conven-ience or advantage” not contem-plated in the 1867 party wall agree-ment and the use did not necessi-tate an easement.

441 East 57 Street LLC v. 447 East 57Street Corp, 824 N.Y.S.2d 642, (1st Dep’tNov. 30, 2006).

COURT DECISIONS

DOT

Citywide

Street furniture franchisechallenge rebuffed

Losing bidders challenged DOT’sselection of Spanish-based outdooradvertising franchisee. In May 2006,the City approved a 20-year fran-chise to Cemusa, Inc. to constructand maintain citywide street furni-ture, including bus shelters, newsracks and pay toilets, on whichCemusa would be permitted to selladvertising space. Approval by theCity’s Franchise and ConcessionReview Committee came after aDOT-initiated request for proposals,a DOT-review and award process,and a public hearing. 3 CityLand129 (Sept. 15, 2006).

Losing bidders NBC Decauxand Clear Channel challenged theCity’s approval, claiming that DOTimproperly communicated withCemusa two months before its deci-sion, leading to Cemusa’s bid edg-

ing out the competition, andDeputy Mayor Daniel Doctoroffcolluded with City officials to offerfranchise criteria that favoredCemusa due to its ability to provideworldwide ad space for the 2012Olympic bid. The parties alsoalleged that DOT improperly com-puted Cemusa’s plan for scrolling adspace by counting it as guaranteedrevenue even though it was unclearwhether the City would allow scroll-ing ads. Finally, NBC and ClearChannel argued that Cemusa wasnot the most experienced bidderand that Cemusa’s bid did not rep-resent measurable cash valuesrequired by the RFP, since it offeredworldwide ad space in lieu of cash.

The City argued that it evaluat-ed all bids according to the samestandard and no improper commu-nication took place. DOT claimedthat a follow-up email to Cemusabecame necessary when it realizedthat Cemusa, unlike the other bid-ders, failed to receive a letter thatexplained the treatment for scroll-ing ads.

Justice William A. Wetzeldenied Decaux and Clear Channel’sclaims, finding that the City treatedall bidders fairly and evaluated thescroller ads under the same stan-dard. As an RFP process subject toreview of numerous officials, the

court said the burden to show errorwas higher. The court found theDoctoroff conspiracy theory to bebaseless and the DOT e-mail to be apermitted communication underthe RFP. The City held no obligationto choose the largest company orthe most experienced local bidder.Finally, the court ruled that DOTproperly evaluated Cemusa’s non-cash offering because it followedthe RFP and applied only 20 percentof all bidders’ non-cash offerings tothe final scores.

NBC Decaux v. NYC, Index No.109233/06; Clear Channel Adshel v.NYC, Index No. 108831/06(N.Y.Cty.Sup.Ct. Dec 19, 2006) (Wetzel,J.) (Attorneys: Ed Wallace, for NBCDecaux; Randy Mastro, for Clear Chan-nel; Anthony P. Coles, for Cemusa;Michael A. Cardozo, Eric A Runderbak-en, Jonathan S. Becker, for NYC).

COURT DECISION

City of New York

Cypress Hills, Brooklyn

Cemetery wins bridge easement over Parkway

City wanted to demolish bridgesconnecting both sides of CypressHills Cemetery. In the 1930s, underRobert Moses’ urging, the City

Cemusa’s new street furniture installed in Tribeca. Photo: Morgan Kunz.



obtained land from Cypress HillsCemetery through eminent domainto build the Interboro Parkway, nowrenamed the Jackie Robinson Park-way. The City also built two bridgesto allow passage between the ceme-

tery parcels that had been dividedby the Parkway.

In the 1990s the City offered torepair the bridges, but noted that itwas not legally responsible for anyrepairs or rehabilitation. After evalu-

ating the structures, however, the Cityrecommended that the bridges bedemolished. The City notifiedCypress Hills that it would be inap-propriate to spend public funds toconstruct new bridges for private use.

CITYLAND PROFILES

Architect Lord Norman Foster talks about his addition to Madison Avenue

The first addition to New York’s skylineby Pritzker Prize-winning architect

Lord Norman Foster opened in October2006 with a red-carpeted gala attendedby Mayor Michael Bloomberg, GovernorGeorge Pataki and Senator CharlesSchumer. The building, Foster’s 42-storydiamond-grid steel and glass addition tothe Hearst Building, an individual land-mark at Eighth Avenue and West 57thStreet, won the 2006 Emporis SkyscraperAward, naming it the best skyscraperconstructed in the world that year.

Last month, Foster presented a newproposal to Landmarks for a slim, sky-scraper addition to the five-story Parke-Bernet gallery on Madison Avenue andEast 76th Street, located in a City his-toric district. While comparisons can bedrawn to the lauded Hearst Tower, Land-marks rejected the Madison Avenueaddition by a tally of nine to one. City-Land talked to Foster about New York’spermitting processes, its mutable sky-line, and Landmarks’ rejection of hisaddition to the Upper East Side.

A Movable Voice. Numbers bestexplain Foster’s achievements. Sinceopening his firm in 1967, the London-based Foster + Partners has received430 awards and won 70 competitions.Governments and private developershave commissioned its work in 61countries, and Foster-designed build-ings stand in London, Hong Kong, Frank-furt, Barcelona, Tokyo and Singpore. Hisrecent works include the largest con-struction project in the world, the BeijingAirport, along with the Millau Viaduct inFrance, the world’s tallest vehicularbridge, and the New German Parlia-ment, a transformative addition toBerlin’s historic Reichstag. In 1999, Fos-ter became the 21st Pritzker Architec-ture Prize Laureate, and the Queen of

England honored him with a Life Peer-age, as Lord Foster of Thames Bank.

In New York, the Lower ManhattanDevelopment Corporation named Fosterarchitect for 200 Greenwich Street,anticipated to be the second buildingconstructed on the WTC site and Foster’ssecond addition to the city’s skyline.

Enlightened City. Comparing NewYork to other cities, Foster started withthe City’s concept of as-of-right devel-opment, stating there is “no equivalent.”Describing the concept as beingallowed to design to an imagined “linein the sky,” Foster found New York“enlightened” and “quite refreshing” forthat reason. Foster alluded to his proj-ects by adding “if you diverge from thatline in the sky for whatever reason,” youstart a process that tips your design intothe public discussion and “you mightdisagree with its outcome.”

A Question of Timing. Foster’sHearst Tower came before Landmarksonly six weeks after 9/11. Asked aboutthe impact, Foster said that Landmarks“focused on the issue at hand,”untouched by the realities three blockssouth of its Municipal Building hearingroom. But other witnesses disagree,claiming an uncertainty tinged the roomover whether anything would be builtagain. One preservationist remembersthat opposing the project seemedwrong. Approval itself took less thanthree hours from the start of the devel-oper’s presentation to the final vote.Landmarks justified its vote by stressingHearst’s original vision for a tower onthe site, evidenced by the six elevatorshafts located within the building’sshort, six-story frame.

With 980 Madison, an overcrowdedhearing room filled with vocal opponents,including the writer Tom Wolfe, listened

to Foster’s vision that a vertical additionwould best protect the integrity of the1949 base. His design went through fiftyvariations before reaching the elliptical,slim tower that appeared to “float” sepa-rately from the historic gallery. Fosterprovided multiple renderings including abulky tower that mirrored the CarlyleHotel’s shape and detailed why each wasinferior. As he finished, the hearing roombroke into applause. The commissionerscalled the design a brilliant, architecturalmasterpiece before they rejected it asinappropriate for the Upper East SideHistoric District.

Collective Design. Foster found thetransparency of the process, the caliberof Landmarks’ comments and the qual-ity of the commissioners remarkable.Overall, Foster said “the design eitherfinds favor or it doesn’t,” and whatemerges from the hearing process is “acollective opinion” that forms thedesign. When asked whether two com-missioners who had commented thatonly a two- to five-story addition wouldbe appropriate for 980 Madison fore-closed the possibility of a slim, toweraddition, Foster did not see it that way.He counted nine of the ten commission-ers as telling developer Aby Rosen toreturn with another rendition, and Fostersaid they intended to do so.

Visions of Context. Foster’s viewremains that 980 Madison’s design fitwithin its upper Manhattan block.“There are varied opinions on what isappropriate or what is contextual,” buthe said his past work – like acclaimedadditions to the Reichstag and London’sGreat Court – has stood the test of time.Foster said when the public looks nowat the final buildings, it “endorses hisvision.”

— Molly Brennan

17

*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 – Dec. 2006 – Jan 2007*

CITY COUNCIL

RES. NOS. PROJECT DESCRIPTION DATE

658 1515 Broadway, BK UDAAP by HPD (10 lots) 12/20/2006

659 1000 Decatur St., BK UDAAP by HPD (1 lot) 12/20/2006

660 637 Eagle Ave., BX UDAAP by HPD (1 lot) 12/20/2006

661 164 Cornelia St., BK UDAAP by HPD (3 lots) 12/20/2006

662 1643 E. New York Ave., BK UDAAP by HPD (1 lot) 12/20/2006

663 432 Barbey St., BK UDAAP by HPD (2 lots) 12/20/2006

664 70-09 Austin St., QN Revocable consent (sidewalk cafe) 12/20/2006

665 329 Lincoln Rd., BK UDAAP by HPD (1 lot) 12/20/2006

666 240 Palmetto St., BK UDAAP by HPD (4 lots) 12/20/2006

667 668 Sycamore St., SI UDAAP by HPD (1 lot) 12/20/2006

668 Woodhull Medical Center, BK Withdrawal of lease (1 lot) 12/20/2006

669 Cleveland/Pitkin, BK UDAAP by HPD (10 lots) 12/20/2006

670 320 Sterling St., BK UDAAP by HPD (1 lot) 12/20/2006

671 208 W. 84th St., MN UDAAP by HPD (1 lot) 12/20/2006

672 44 W. 87th St., MN UDAAP by HPD (1 lot) 12/20/2006

673 103 E. 97th St., MN UDAAP by HPD (1 lot) 12/20/2006

674 125 E. 101st St., MN UDAAP by HPD (1 lot) 12/20/2006

675 PS/IS 263, MN School construction (K through 8) 12/20/2006

677-8 Douglaston/Littleneck Rezoning, QN Zoning text amendment; 12/20/2006Zoning map amendment

681 7 Saratoga Ave., BK UDAAP by HPD (10 lots) 1/3/2007

† 684 Elkins House, BK Landmark designation 1/9/2007

685 Concourse Village West, BX Approve school construction site plan 1/9/2007

686-7 St. Paul Playground, MN UDAAP by HPD (Playground); 1/9/2007Disposition of property by HPD

688 381-A Baltic St., BK UDAAP by HPD (2 lots) 1/9/2007

689 151 Mulberry St., MN Revocable consent (sidewalk cafe) 1/9/2007

690 191 Grand St., MN Revocable consent (sidewalk cafe) 1/9/2007

691 Guy Brewer North, QN UDAAP by HPD (11 lots) 1/9/2007

CITY PLANNING COMMISSION

PROJECT NAME DESCRIPTION LOCATION ULURP # DATE

Douglaston Littleneck Rezoning Zoning text amendment; QN 7, 8 N060563ZRY; 12/4/2006Zoning map amendment QN 11, 13 C060562ZMQ

35-41 W. 23rd St. Special permit (21-story, mixed-use bldg.) MN 5 C060310ZSM 12/6/2006

St. Paul's Playground UDAAP by HPD (playground); MN 11 C060502HUM; 12/6/2006Disposition of property by HPD C060503HAM

149 Wooster St. Conversion to Joint Live/Work Quarters MN 2 C060102ZSM 12/20/2006

61 Chrystie St. Garage Special permit (27-space garage) MN 3 C050226ZSM 12/20/2006

Elkins House Report to Council on designation BK 8 N070197HKK 12/20/2006

West 60th Street Special permit (200-space garage, bulk); MN 7 C060105ZSM; 1/10/2007C060106ZSM;C060104ZMM;

Zoning text amendment MN 2-8/12 N060103ZRYBK 2QN 2


Cypress Hills sued the City,claiming that it had a permanenteasement in the bridges and theCity had an obligation to repair orreplace them.

The lower court disagreed anddismissed the complaint. On appealthe Second Department reversed inpart, ruling that Cypress Hills heldan implied easement to cross theParkway at the location of the sub-

ject bridges and the underpass, buthad no right to the physical pas-sageway itself. The court found theeasement implied by use of thebridges since the Parkway’s con-struction. Nevertheless, the burdenof maintaining the easement fell onCypress Hills and the fact that theCity built the bridges in the firstplace did not change the burdennor make the City responsible for

repairing or replacing the bridges.The court reviewed the initial lan-guage for the Parkway’s condemna-tion and noted that it expresslyrequired cemeteries to construct itsown bridges.

Cypress Hills Cemetery v. City of NewYork, 2006 N.Y. Slip Op. 10009, (2ndDep’t Dec. 26, 2006).




CITY PLANNING COMMISSION (CONT.)

PROJECT NAME DESCRIPTION LOCATION ULURP # DATE

† NY Cab Co. Stable Report to Council on designation MN 7 N070217HKM 1/10/2007

† City & Suburban Homes Report to Council on designation MN 8 N070224HKM 1/10/2007

Bayshore Avenue City map amendment (widen yard) BX 10 C050528MMX 1/10/2007

Grandview Plaza Zoning map amendment SI 1 C030153ZMR 1/10/2007

American Express Building Modification of use and bulk MN 1 C060530ZSM 1/24/2007

Court Sq. Parking Garage Special permit (200-space garage) QN 2 C050493ZSQ 1/24/2007

Queensboro Hill Rezoning Zoning map amendment QN 7, 8 C070119ZMQ 1/24/2007


ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

159 W. 12th St., MN Appeal 2-family dwelling enlargement Denied 153-06-A Sheldon Lobel, P.C.

122 Greenwich Ave., MN Const. 11-story mixed-use bldg. App'd 132-06-BZ Fried Frank Harris

469 West St., MN Amend variance (res./commercial use) App'd 48-05-BZ Wachtel, Masyr

242 E. 14th St., MN Ext. of term (phys. cult. est.) App'd 330-98-BZ Sheldon Lobel, P.C.

36 E. 22nd St., MN Conversion to residential use App'd 304-82-BZ Bryan Cave, LLP

401 Seventh Ave., MN Ext. of term (Bally Sports) App'd 757-89-BZ Cozen O'Connor

576 Lexington Ave., MN Ext. of term (NY Sports Club) App'd 70-97-BZ Fredrick A. Becker

250 E. 54th St., MN Ext. of term (Equinox) App'd 139-05-BZ Rothkrug Rothkrug

575 Madison Ave., MN Legalize phys. cult. est. (spa) App'd 99-06-BZ Patrick W. Jones

148 E. 63rd St., MN Revocation of C of O; App'd; 270-06-A; DOB;Appeal of DOB closure Denied 164-06-A Cozen O'Connor

160 Columbus Ave., MN Ext. of time, term (gym) App'd 17-93-BZ Kramer Levin

434 E. 77th St., MN Ext. time (garage enlargement) App'd 16-95-BZ Stadtmauer Bailkin

160 E. 83rd St., MN Appeal to revoke permits Denied; 63-06-A; Jay Segal;Denied 81-06-A Whitney Schmidt

180 East End Ave., MN Ext. of term (parking garage) App'd 190-92-BZ Alfonso Duarte

1060 Amsterdam Ave., MN Enlarge nursing home (yard) App'd 130-06-BZ Anderson Kill Olick

55 E. 175th St., BX Const. 4-story community ctr. App'd 252-06-BZ Randolph Croxton

495 E. 180th St., BX Reestablish variance (service station) App'd 121-06-BZ Sheldon Lobel, P.C.

410 City Island Ave., BX Ext. of term (Sunoco) App'd 181-38-BZ Michael Consentino

4540 Palisade Ave., BX Const. 1-family dwelling App'd 159-06-BZ Sheldon Lobel, P.C.

1373 E. 13th St., BK Vested right to continue dev. App'd 117-06-A Eric Palatnik, P.C.

357 & 359 15th St., BK Appeal of DOB decision (vested Denied 154-06-A; Cozen O'Connorright to continue development) 155-06-A

2470 E. 16th St., BK Ext. of term (commercial use) App'd 938-82-BZ Eric Palatnik, P.C.

341 Troy Ave., BK Const. 16-story mixed-use bldg. W/D 290-04BZ Stuart A. Klein

25 Belvidere St., BK Enlarge manuf. bldg. by 4 stories App'd 140-06-BZ Sheldon Lobel, P.C.

526 Sterling Pl., BK Enlarge funeral home App'd 466-89-BZ Eric Palatnik, P.C.

1927 Flatbush Ave., BK Legalize gas station/conv. store App'd 359-05-BZ Sheldon Lobel, P.C.

3584 Bedford Ave., BK Legalize enlargement of 1-fam. dwelling App'd 104-06-BZ Eric Palatnik, P.C.

1150 E. 23rd St., BK Enlarge 1-family dwelling App'd 23-04-BZ Moshe M. Friedman

1078 E. 26th St., BK Enlarge 1-family dwelling App'd 124-06-BZ Fredrick A. Becker

1766 E. 28th St., BK Enlarge 1-family dwelling App'd 226-06-BZ Eric Palatnik, P.C.

18-24 Luquer St., BK Const. 3-story res. bldg. App'd 175-05-BZ Eric Palatnik, P.C.

799 Bergen St., BK Const. 4-story res. bldg. App'd 165-05-BZ Jeffrey A. Chester

1824 53rd St., BK Appeal DOB decision; Denied; 290-05-BZ; Stuart A. KleinPermit catering cellar use Denied 60-06-A

1402 59th St., BK Ext. time for C of O (synagogue) App'd 112-01-BZ Sheldon Lobel, P.C.

1 Irving Walk, QN Enlarge dwelling in mapped street App'd 139-06-A Gary Lenhart

188-02 Union Tpk., QN Legalize dance studio, phys. cult. est. App'd 51-06-BZ Sheldon Lobel, P.C.

102-10 159th Rd., QN Consider dismissal W/D 615-57-BZ Sheldon Lobel, P.C.

5717 108th St., QN Const. 6-family dwelling App'd 363-05-BZ Dominick Salvati

22-44 119th St., QN Enlarge community facility App'd 174-06-A Rothkrug Rothkrug

79-48 259th St., QN Const. 1-story sanctuary App'd 258-06-BZ Anderson Kill Olick

175 Oceanside Ave., QN Enlarge 1-fam. dwelling in mapped st. App'd 169-06-A Timothy Costello

19


BOARD OF STANDARDS & APPEALS (CONT.)

ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

995 Bayside Ave., QN Enlarge 1 fam. home in mapped st. App'd 300-05-A Zygmunt Staszewski

113 Beach 221st, QN Enlarge home not fronting mapped st. App'd 273-06-A Gary Lenhart

37 Beach 222nd St., QN Alter 1-fam. home on unmapped st. App'd 296-06-A Gary Lenhart

15-59 Clintonville, QN Const. 1-fam. home in mapped st. App'd 331-05-A Rothkrug Rothkrug

22 Graham Pl., QN Alterations on mapped street App'd 295-06-A Gary Lenhart

27 Roosevelt Walk, QN Alter 1-fam. home not fronting mapped st. App'd 277-06-A Joseph A. Sherry

8 Suffolk Walk, QN Enlarge dwelling, add floor App'd 239-06-A Walter T. Gorman

32-02 Linden Pl., QN Ext. of term (phys. cult. est.) App'd 56-96-BZ Agusta & Ross

154-11 Harding Ex., QN Ext. of term (gas station) App'd 615-57-BZ Sheldon Lobel, P.C.

102 Greaves Ave., SI Ext. time to const. dwelling App'd 231-06-BZY Rothkrug Rothkrug

2488 Hylan Blvd., SI Amend permit (gas station) App'd 441-65-BZ Sheldon Lobel, P.C.

LANDMARKS PRESERVATION COMMISSION

ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D ISSUED

CERTIFICATE OF APPROPRIATENESS

401 E. 59th St., MN Queensboro Bridge Construct mezzanine 07-3743 Yes 11/20/2006

Central Park, MN 22nd Police Precinct Inst. roof enc., windows 07-3653 Yes 11/15/2006

3616 Webster House, BX 52nd Police Precinct Replace roof, inst. gutters 07-3810 Yes 11/21/2006

90 Hudson St., MN Tribeca West HD Establish master plan (windows) 07-4361 Yes 12/12/2006

63 Lispenard St., MN Tribeca East HD Replace infill 07-3554 Yes 11/22/2006

405 Broadway, MN Tribeca East HD Inst. infill, const. penthouse 07-3667 Yes 11/16/2006

56 Walker St., MN Tribeca East HD Inst. infill, const. penthouse 07-4432 Yes 1/2/2007

459 Broadway, MN SoHo-Cast Iron HD Construct penthouse 07-3733 Yes 12/7/2006

325 W. Broadway, MN SoHo-Cast Iron HD Demo 2 bldgs., const. 7-story bldg. 07-4623 Yes 1/3/2007

72 Greene St., MN SoHo-Cast Iron HD Repl. infill, const. penthouse 07-4584 Yes 12/29/2006

110 Greene St., MN SoHo-Cast Iron HD Const. 3-story roof deck 07-3318 Yes 11/8/2006

565 Broadway, MN SoHo-Cast Iron HD Ext. fire escape platforms 07-4325 Yes 12/18/2006

28 Grove St., MN Greenwich Village HD Remove porch, inst. doors 07-4310 Yes 12/12/2006

Wash. Sq. Park, MN Greenwich Village HD Repl. fencing, reorient paths 07-4494 Yes 12/18/2006

3 Sheridan Sq., MN Greenwich Village HD Replace enclosures 07-4911 Yes 1/8/2007

50 W. 10th St., MN Greenwich Village HD Const. 1-story rooftop add. 07-3890 Yes 11/28/2006

253 W. 13th St., MN Greenwich Village HD Legalize louvers 05-9094 No 6/30/2005

868 Broadway, MN Ladies' Mile HD Const. adds., inst. skylight 07-4230 Yes 12/18/2006

781 Fifth Ave., MN Upper East Side HD Install AC units 07-4350 Yes 12/12/2006

39 E. 63rd St., MN Upper East Side HD Repl. facade, const. roof add. 07-4376 Yes 12/15/2006

73 W. 68th St., MN Upper West Side/CPW HD Const. 1-story addition 07-3575 Yes 11/14/2006

45 E. 78th St., MN Upper East Side HD Modify window openings 07-2389 Yes 12/12/2006

320 W. 78th St., MN West End Collegiate HD Const. add., inst window 07-3969 Yes 12/4/2006

101 W. 81st St., MN Upper West Side/CPW HD Const. 1-story rooftop add. 07-3706 Yes 11/20/2006

38 W. 83rd St., MN Upper West Side/CPW HD Const. 4-story add., alter facade 07-4170 Yes 12/8/2006

1436 Lexington, MN Carnegie Hill HD Install doors 07-3961 Yes 12/4/2006

189 Lenox Ave., MN Mount Morris Park HD Replace infill 07-4248 Yes 12/7/2006

222 Alexander Ave., BX Mott Haven HD Replace windows 07-2988 Yes 10/27/2006

46 Henry St., BK Brooklyn Heights HD Replace infill, install sign 07-3841 Yes 11/22/2006

166 Montague St., BK Brooklyn Heights HD Const. bulkhead, inst. balconies 07-2679 Yes 12/8/2006

54 State St., BK Brooklyn Heights HD Replace stoop, doors, areaway 07-4213 Yes 12/6/2006

73 Gold St., BK Vinegar Hill HD Const. bulkhead, railings 07-4225 Yes 12/6/2006

230 Carlton Ave., BK Fort Greene HD Const. 2-story addition 07-3882 Yes 11/24/2006

237 Cumberland, BK Fort Greene HD Raise facade, const. add. story 07-3549 Yes 11/15/2006

473 Clinton Ave., BK Clinton Hill HD Mod. illegal roof addition 06-8774 No 12/18/2006

249 Ridge Rd., QN Douglaston HD Legalize storm door 07-4197 Yes 12/12/2006

28-02 Marinette, QN Douglaston HD Legalize facade alterations 06-7380 No 12/14/2006

347 Grosvenor St., QN Douglaston HD Construct 1-story addition 07-3839 Yes 11/28/2006

325 Grosvenor St., QN Douglaston HD Legalize addition 07-4227 Yes 12/12/2006

139 Arleigh Rd., QN Douglaston HD Demo garage, const. add. 07-4589 Yes 12/22/2006

4701 Iselin Ave., QN Fieldston HD Enlarge window openings 07-3529 Yes 11/13/2006

34-15 84th St., QN Jackson Heights HD Construct garden wall 07-4363 Yes 12/18/2006



Th

e Cen

ter for New

York City La

wN

ew York La

w Sch

ool47 W

orth Street

New

York NY

10013-2960

CIT

YLAND

WW

W.C

IT

YL

AW

.OR

G

CE

NT

ER

FO

R N

EW

YO

RK

CIT

Y L

AW

UP

CO

MIN

G E

VE

NT

S

Information on C

ITYADMIN

is provided free with support of:

Manatt,Phelps &

Phillips,LLP

New York City Council

Weil,Gotshal &

Manges LLP

Gibson,Dunn & Crutcher

Kramer,Levin,Naftalis &

Frankel,LLP

Th

e Hearst Tow

er, design

ed by Lord

Foster, merged

a land

mark w

ith a m

od-

ern skyscrap

er. Lord Foster sp

eaks to CityL

and

abou

t New

York’s app

rovalp

rocesses. Story page 16.P

hoto:M

organ K

un

z.

CIT

Y L

AW

BR

EA

KFA

ST SE

RIE

S 2006-2007

Friday,M

arch 16,2007

Patricia J.L

ancaster

Co

mm

ission

er,Dep

artmen

t of B

uild

ings

Speakin

g on

“A N

ew C

ity: Risin

g Real E

state Prices an

d

Regu

latory R

eform

”

Breakfasts b

egin at 8:15 a.m

.at New

York L

aw Sch

oo

l,47 W

orth

St., N.Y., N

.Y. Th

ere is no

charge,

bu

t please reserve a seat at w

ww

.citylaw.o

rg.

CITYA

DMIN

Decisio

ns o

n w

ww

.citylaw.o

rgAGENCY

NUMBER OF

YEARSNAM

EDECISIONS

AVAILABLE

BSA2,251

2002-Present

Council1,175

2003-2005

CPC646

2003-Present

DOB68

1999-Present

Landmarks

1,4802002-Present

Loft Board1,426

1996-Present

city landarchive.citylaw.org/cityland/wp-content/uploads/sites/39/cityland/...the statement is a...

Documents