CITYLANDarchive.citylaw.org/cityland/wp-content/uploads/sites/39/cityland/201… · Clara Fizzino 901 Manor Road, SI Rezone R3-1/C1-1 to C1-1 110170ZMR John Gulino PC SPECIAL PERMITS/OTHER

February 15, 2011 Volume 8 CITYLAND 1

FEBRUARY 15, 2011 center for new york city law VOLUME 8, NUMBER 1

CITYLANDHighlights

CITY COUNCILLandmark designation rejected . . . 1Zoning resolution clarified . . . . . . . 4Rezoning for health club OK’d . . . . 4SI and BX zoning text changes . . . . 5SI commercial rezoning . . . . . . . . . . 6

CITY PLANNING COMMISSIONBK development proposal . . . . . . . . 6Midtown conversion approved . . . 7Eighty-block Bronx rezoning . . . . . 7 SoHo BID moves forward . . . . . . . . 8Atlantic Avenue BID . . . . . . . . . . . . . 9

BOARD OF STANDARDS & APPEALSAstoria vested rights claim . . . . . . . 9

LANDMARKSNew LPC commissioners . . . . . . . . 10Borough Hall HD debated . . . . . . . 11Remsen Street building heard . . . 12Clinton Hill project OK’d . . . . . . . . 13Art Deco tower designated . . . . . . . 14Coney Island designations . . . . . . 14

ECONOMIC DEVELOPMENT CORP.Applied sciences campus RFEI . . . 15

ADMINISTRATIVE DECISIONSArchitect barred . . . . . . . . . . . . . . . . 15

CITYLAND PROFILECarol E . Rosenthal . . . . . . . . . . . . . .16

CHARTSDCP Pipeline . . . . . . . . . . . . . . . . . . . 3ULURP Pipeline . . . . . . . . . . . . . . . . . 8BSA Pipeline . . . . . . . . . . . . . . . . . . . 10Landmarks Actions . . . . . . . . . .11–12Landmarks Pipeline . . . . . . . . . . . . 13Citylaw .org New Decisions . . . .17–19

(cont’d on page 3)

Attorney Carol E. Rosenthal discusses Durst Fetner Residential LLC’s proposed mixed-use project on West 57th Street in Manhattan. See Profile on page 16. Image: Courtesy BIG-Bjarke Ingels Group .

marks’ February 2010 public hear-ing, and Landmarks designated the building as an individual City land-mark in October 2010.

At the Council’s Landmarks, Public Siting & Maritime Uses Sub-committee hearing, Landmarks’ Jenny Fernandez described the agency’s outreach efforts prior to ap-proving the designation. Fernandez testified that Landmarks first con-tacted the church in 2007 to discuss the possibility of designating the Me-morial Hall. Landmarks mailed “sev-eral” survey letters and had a meet-ing with church representatives who did not express opposition. Accord-ing to Fernandez, the congregation first notified Landmarks of its op-position after the designation vote. Landmarks’ staff thereafter met with the congregation to discuss the des-ignation’s impact on the church.

Grace Episcopal’s Father Darryl F. James,

CITY COUNCIL

Landmarks Designation

Jamaica, Queens

Council rejects designation of Queens church building

Opposition by Grace Episcopal Church to the landmarking of its Memorial Hall only emerged after Landmarks approved designation . On January 18, 2011, the City Coun-cil rejected Landmarks’ designation of the Grace Episcopal Church Me-morial Hall at 155-24 90th Avenue in Jamaica, Queens. Grace Episcopal Church was founded in 1702 and is one of the country’s oldest Episcopal parishes. The church’s main build-ing and graveyard were landmarked in 1967, and Landmarks calendared the Memorial Hall in October 2009. No one from the church testified in opposition to designation at Land-

2 Volume 8 CITYLAND February 15, 2011

CITYLAND

CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL

The Center expresses appreciation to the

individuals and foundations supporting the

Center and its work: The Steven and Sheila Aresty

Foundation, Fund for the City of New York,

The Durst Foundation, The Charina Endowment

Fund, The Murray Goodgold Foundation,

Jerry Gottesman, The Marc Haas Foundation and

The Prospect Hill Foundation.

CITYLAND (ISSN 1551-711X) is published 11 times a year by the Center for New York City Law at New York Law School, 185 West Broadway, New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mail: [email protected], website: www.citylaw.org © Center for New York City Law, 2011. All rights reserved. Printed on recycled paper. Maps presented in CITYLAND are from Map-PLUTO copyrighted by the New York City Depart-ment of City Planning. City Landmarks and Hist- oric Districts printed with permission of New York City Landmarks Preservation Commission.

POSTMASTER: Send address changes to CITYLAND, 185 West Broadway, New York, New York 10013-2921. Periodicals postage paid at New York, New York.

CITYLAND ADVISORY BOARD

Stanley S. Shuman, ChairArthur N. Abbey ’59Sheila Aresty ’94Harold Baer, Jr.David R. BakerMichael A. CardozoAnthony 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. NaftalisSteven M. Polan

Gail S. Port ’76Norman RedlichJoseph B. RoseErnst H. Rosenberger ’58Rose Luttan RubinFrederick P. SchafferFrederick A.O. Schwarz, Jr.O. Peter SherwoodEdward WallaceRichard M. WeinbergPeter L. ZimrothJames D. Zirin

Kent Barwick Andrew Berman Molly Brennan Albert K. Butzel

Howard Goldman Jerry Gottesman David Karnovsky Ross Moskowitz ’84

Frank Munger Carol E. Rosenthal Michael T. Sillerman Paul D. Selver

Ross Sandler Professor of Law and Director, Center for New York City Law

Frank Berlen ’07 Associate Director Managing Editor

Peter Schikler ’08 CityLand Editor

Eugene Travers ’10 Marissa Fierz ’10 Fellows

Lebasi Lashley Art DirectorPetting Zoo Design

Jesse Denno Staff Writer, Production Asst .

Gilliane Lataillade Administrative Coordinator

Frank St. Jacques ’11 Student Writer

COMMENTARY

The War on Terror Today and How We Got There Usually in this space I comment on a current issue. This time I want merely to urge you to go to the Center

for New York City Law’s website [www.citylaw.org] and listen to the talk on Islamist terrorism given by former

Attorney General Michael Mukasey on February 4, 2011 at a City Law breakfast at New York Law School.

Michael Mukasey has recently been writing and speaking out on current issues concerning terrorism. The Center

for New York City Law was fortunate in having him speak at our February CityLaw breakfast. The talk received

front page coverage in the New York Law Journal on February 8, 2011, and the talk itself is available in its entirety

on the Center for New York City Law’s website.

As judge, Michael Mukasey supervised the trials of Omar Abdel Rahman, the blind sheik, and El Sayyid No-

sair, as well as litigation by Larry Silverstein and several insurance companies over the destruction of the World

Trade Center. As Attorney General he advised on some of the most perplexing and controversial issues arising out

of the War on Terror, especially those surrounding the handling of alleged terrorists. These unique experiences

informed Mukasey’s talk.

Mukasey is particularly concerned about the loss of intelligence gathering opportunities following the arrests

of alleged terrorists. He also criticizes those who fail to understand the nature of the challenge by treating terror-

ism as a criminal justice concern rather than a matter of religious radicalism. He supports harsh measures to gain

information from adherents of Islamic terrorism who are caught in the act of terrorist activities.

What is special about Mukasey’s analysis is its sober, calm and analytical expression. This is what an aca-

demic community can do: present such ideas in a coherent and intelligent fashion. I hope that you take the time

to listen to the talk. It lasts one hour and two minutes.

Ross Sandler

3February 15, 2011 Volume 8 CITYLAND

explained that the church did not express its opposition during Land-marks’ public hearing due to a change in church leadership, noting that “sometimes during changes in leadership things get lost.” James pointed out that the congregation’s membership had dwindled from 1,200 to 300 since 1967, and he said

the financial burden related to land-marking the Memorial Hall would be too much for the church to bear.

Local Council Member James F. Gennaro stated that the Sub-committee hearing was not about what the church did or did not do during the designation process, but about whether it believed that

landmarking would be a burden. Gennaro said he respected the church’s position and asked the Subcommittee to reject the Memo-rial Hall designation.

The New York Landmarks Conservancy and the Historic Dis-tricts Council supported designa-tion. The Historic Districts Council’s Simeon Bankoff noted that while it was important to consider the views of the local community and its rep-resentatives, he believed that the City Council should consider land-mark designations from a broader City-wide perspective.

Before calling for a vote, Chair Brad Lander said that the Council was not constrained by Landmarks’ guidelines and could also consider the voices of the community, prop-erty owner, and local elected offi-cials. Noting Gennaro’s opposition, Lander recommended that the Sub-committee reject the designation.

The Subcommittee voted to disapprove the designation by 6-1-0. Explaining her vote to reject the designation, Council Member Ma-ria Del Carmen Arroyo expressed frustration with Landmarks’ notifi-cation requirements and suggested that the Council consider “fine-tuning” the rules. Council Member Rosie Mendez voted against reject-ing the designation. Mendez con-ceded that the landmarking process may be flawed but said it was the “process we have” and the process that Landmarks followed.

The Land Use Committee ap-proved the motion to reject the des-ignation, and the full Council did the same by a vote of 47-1-0.

This was the sixth time the City Council has rejected a landmark designation since the dissolution of the Board of Estimate in 1990. The Council rejected the Antonin Dvor-ak House in 1991, the Jamaica Sav-ings Bank at 161-02 Jamaica Avenue in 1992, the Cathedral of St. John the Divine in 2003, and both the Ja-maica Savings Bank at 89-01 Queens Boulevard (2 CityLand 145 (Nov. 15, 2005)) and the Austin Nichols & Co.

CITY PLANNING PIPELINE

New Applications Filed with DCP — Dec . - Jan . 31, 2011 APPLICANT PROJECT/ADDRESS DESCRIPTION ULURPNO. REPRESENTATIVE

ZONINGTEXTANDMAPAMENDMENTS

DCP Citywide Mod. key terms clarification text amend. 110090AZRY

DCP Lower Manhattan Lower Manhattan arcades text amend. 110193ZRM

DCP North Tribeca, MN Txt. amend. to Special TMU Area A4 110167ZRM

DCP West Clinton Rezoning, MN Rezone 18 blocks to encourage res. 110177ZMM; dev.; txt. change for affordable hsg. 110176ZRM

HPD 9 Second Avenue, MN Txt. amend. to dev. aff. housing 110165ZRM GoldmanHarris

Forrest Lots LLC 501 Bushwick Avenue, BK Txt. amend. to apply incl. housing prg. 110179ZRK Herrick Feinstein

Thamas Cusanelli 23rd Street Rezoning, QN Rezone R5 to R5/C1-4 to leg. dev. 110178ZMQ Richard Lobel

Hanac Inc. 25-03 29th Street, QN Rezone R6 to R6/C1-3 for 59-sp. grg. 110166ZMQ

Clara Fizzino 901 Manor Road, SI Rezone R3-1/C1-1 to C1-1 110170ZMR John Gulino PC

SPECIALPERMITS/OTHERACTIONS

42 W 18 St. Realty 42 West 18th Street, MN Renew spec. perm. for mixed-use dev. 110199CMM Greenberg Traurig

US Bank N.A. 35 West 23rd Street, MN Renew spec. perm. for mixed-use dev. 110196CMM Marvin Mitzner

LPC 35 West 39th Street, MN Landmark (Haskins & Sells Building) 110195HKM

SBS/EDC East River Waterfront Cert. no waterfront public access or 110159ZCM; Esplanade, MN visual corridor is required to facilitate 110160ZCM; third construction phase of project 110161ZCM

LPC 500 Fifth Avenue, MN Landmark (500 Fifth Avenue Bldg.) 110181HKM

Extell Dev Co. Riverside Center, MN 2d mod. to rest. dec. for aff. hsg. req. 100296BZSM Kramer Levin

My Most Favorite 247 West 72nd Street, MN New enclosed cafe with 26 seats 110190ECM

Horace Mann Sch. Horace Mann School, BX Mod. to reduce land to 23,905 sq.ft. 010284AMMX Akerman Senterfitt

HPD 17 East 169th Street, BX UDAAP & dispo. to const. 108 units 110162HAX Ted Weinstein

3462 Third Ave 3470 Third Avenue, BX Cert. to build FRESH food store 110172ZCX Kingspoint Heights

LPC 4715 Independence Ave., BX Landmark (Alderbrook House) 110182HKX

Mario Sorrenti 4686 Waldo Avenue, BX Cert. to remove deck and const. add. 110168ZCX Form Architecture

DCAS 3340 Kings Highway, BK Dispo. to EDC for sale to Yeshiva 110192PPK

DCP Coney Island Comp. Plan, BK Mod. to preserve Wonder Wheel use 090107AMMK

LPC 1208 Surf Avenue, BK Landmark (Childs Restaurant Bldg.) 110194HKK

LPC 1301 Surf Avenue, BK Landmark (Coney Island Theater) 110183HKK

SBS Brooklyn Navy Yard, BK Dispo. to extend lease to 99 yr. lease 110169PPK

Utopia Realty LLC Brookhaven Rehab Spec. perm. to construct a 298-bed 110163ZSQ; David Marx Center, BK facility; spec. perm. for FAR increase 110164ZSQ

211 Darlington Ave. 211 Darlington Avenue, SI Cert. to subdivide one lot into two 110175RCR

City Building NY 17 Christine Court, SI Cert. for seats to const. one-fam. home 110180RCR May Tak Chan

FNC Realty Corp. 450 New Dorp Lane, SI Auth. to reduce parking for 100,000 110173ZAR; Wilbur E. Simmons sq.ft. dev.; cert. for cross-access 110174ZCR

LoBue & Valenziano 135 Highland Avenue, SI Renew auth. to dev. one-family home; 110191CMR; George Gizanis mod. auth. to comply with R2 zoning 060016AZAR

Madonia Developers 994 Carlton Boulevard, SI Cert. to subdivide one lot into two 110171RCR James Morri

Michael Fazio Chatham St. & Cert. for school seats to build 26 units 110198RCR Moss & Sayad Arch. Kenilworth Ave., SI

Ovas Building Corp. Amboy Rd. & Serena Ct,. SI Cert. for school seats to build 41 units 110197RCR Moss & Sayad Arch.


The City Council approved the amendment on February 2, 2011.

Council: Key Terms Text Amendment (N 110090(A) ZRY – text amend.) (Feb. 2, 2011).

CITY COUNCIL

Rezoning

Bayside, Queens

Bayside health club rezoning approved

Queens health club requested rezon-ing in order to apply for BSA spe-cial permit after operating without a valid certificate of occupancy for seventeen years . On January 18, 2011, the City Council approved Lucille Roberts Health Club’s rezoning pro-posal for five lots along Bell Boule-vard between 42nd Avenue and the Long Island Railroad right-of-way in Bayside, Queens. The approval changed the area’s commercial overlay from C1-2 to C2-2, but left the underlying R6B zoning unchanged. Lucille Roberts has operated a gym at the site for seventeen years with-out a valid certificate of occupancy. The company requested the rezon-ing so it could apply for a special permit from BSA. The site is sur-rounded by a restaurant, hardware and paint stores, and a spa.

Lucille Roberts began leas-ing a single-story building at 41-19 Bell Boulevard in 1993. The site was zoned C4-2, and Lucille Roberts ap-plied to BSA for a special permit to operate a gym. While the applica-tion was pending, the City rezoned the area R6B/C1-2. The special per-mit was not available within a C1-2 commercial overlay and BSA dis-missed the application. Lucille Rob-erts continued to operate the gym illegally. In 2004 it requested a use variance from BSA, but withdrew the application because it could not demonstrate that the gym would be the only use that would yield a rea-sonable economic return.

Queens Community Board 11 opposed the current rezoning appli-

Warehouse in 2005. 2 CityLand 163 (Dec. 2005).

Council: Grace Episcopal Church Memorial Hall (Jan. 18, 2011).

CITY COUNCIL

Text Amendment

Citywide

Key Terms text change OK’d

Amendment redefines “develop-ment” and “building” and clarifies how the terms are used in order to re-flect Planning’s intent . On February 2, 2011, the City Council approved the Department of City Planning’s Key Terms Text Amendment. Plan-ning proposed the 700-page text amendment to ensure that existing regulations are interpreted and ap-plied as originally intended under the zoning resolution. The amend-ment redefined the terms “develop-ment” and “building” and also in-cluded a host of modifications and clarifications designed to resolve conflicts and bring regulations into accordance with the Department of Buildings’ current practices.

The need for the text overhaul stemmed from a 2010 lower court decision ruling that the term “de-velopment,” as used in the zoning resolution’s curb cut regulations, only applied to newly constructed buildings and not existing buildings as argued by Planning. Planning ad-dressed this ambiguity as part of the residential streetscape text change when it amended the curb cut prohi-bition so that it applied to all build-ings rather than “developments.” 7 CityLand 55 (May 15, 2010).

Planning reviewed the entire zoning resolution to determine if the term “development” was used as intended. The amended text clar-ifies that a development now only refers to a new building or the estab-lishment of a new open non-acces-sory use. The amended text retains the term where a rule was intended to apply only to new buildings and replaces the term where the rule

was intended to apply to new and existing buildings. It also replaces the term with “zoning lot” in regula-tions intended to apply to all build-ings or uses on a zoning lot.

Because the definition of devel-opment would refer to a new “build-ing,” Planning also reviewed the zoning resolution’s use of the term “building.” The zoning resolution had defined a building to include any structure bounded by zoning lot lines or open area. The result was that abutting structures on the same zoning lot which operated inde-pendently were considered a single building. This led to unintended outcomes when applying zoning regulations, such as the sliver law or the rule permitting commercial uses only below the lowest residen-tial use in the same building within certain commercial districts.

To rectify these problems, Planning redefined a “building” to include any structure bounded by fire walls or open area, rather than zoning lot lines. This definition cor-responds to the City’s building code and to what is commonly under-stood to differentiate buildings.

At the City Planning Commis-sion’s public hearing, several of the private organizations that Planning enlisted to review the proposal, in-cluding the New York Chapter of the American Institute of Archi-tects and the Real Estate Board of New York, registered their support. Both groups suggested that Plan-ning monitor the changes for un-intended results. The Real Estate Board also recommended that the changes not apply to projects that have filed plans with Buildings prior to the amendment’s effective date, which it believed should be set at a date later than Council’s approval.

The Commission modified and approved the amendment. Among the modifications, the Commission provided small- and medium-sized enlargements and alterations with a one-year extension of time to com-plete construction before the text changes applied.


establishes minimum lot size and width and removes parking waivers. It also limits day care centers to the underlying residential district’s floor area ratio, reduces the permissible building envelope, establishes park-ing requirements, and requires a cir-cular drop-off and pick-up driveway.

In order to encourage the de-velopment of medical facilities and day care centers in commercial dis-tricts, the amendment increases the maximum front wall height and al-lowable floor area in those districts, and reduces parking regulations to better match actual demand.

The City’s 2005 LDGMA com-mercial rules were designed to prevent the development of out-of-context residential townhouses in Staten Island by restricting resi-dential ground floor uses in certain commercial districts. Among the unintended consequences, existing residential homes became grandfa-thered non-conforming uses which limited owners’ ability to enlarge their residential ground floors. Plan-ning attempted to resolve this issue by permitting existing residential buildings in commercial districts to enlarge their ground floor if all un-derlying bulk and parking regula-tions are followed.

No spoke in opposition at the City Planning Commission’s hear-ing. In response to a written recom-mendation from BSA, the Commis-sion modified the amendment to create a separate special permit to expand the size of medical facilities and day care centers in areas cov-ered by the LDGMA regulations.

There were no speakers in opposition at Council’s Zoning & Franchises Subcommittee’s pub-lic hearing, and the Subcommittee unanimously approved the plan. The Land Use Committee and full Council followed suit.

Review ProcessLead Agency: CPC, Neg. Dec.Comm. Bd.: SI 1, 2, 3 & BX 10 App’dBoro. Pres.: SI App’dSI Boro Bd.: App’dCPC: App’d, 12-0-0Council: App’d, 48-0-0

cation as spot zoning, and expressed concern about the other use groups permitted in a C2-2 district, includ-ing auto repair shops, taxidermists, and embalmers. Queens Borough President Helen Marshall condi-tioned her approval on Lucille Rob-erts filing a restrictive declaration excluding “noxious uses” at its site.

At the City Planning Commis-sion’s hearing, Henry Euler, vice president of the Auburndale Im-provement Association, argued in opposition that the potential uses could negatively impact the com-munity. Lucille Roberts’ attorney, Jeffrey A. Chester, said the health club was eager to legalize the use and “be the good neighbor we would have liked to have been all along.”

The Commission unanimously approved the proposal, finding that the new zoning would be consistent with existing nearby uses and would bring other businesses into confor-mance. The Commission declined to require a restrictive declaration noting that it would only be ap-propriate in the “rare situation” in which particular uses would result in a nuisance or be incompatible with the community.

At the Council’s Zoning and Franchises Subcommittee hear-ing, local Council Member Daniel J. Halloran expressed his support for the rezoning as long as Lucille Roberts agreed to file a restrictive declaration limiting the uses on the property. Halloran mentioned that two other businesses in the rezon-ing area have been operating ille-gally and said Lucille Roberts should “strongly recommend” that those businesses contact his office.

The Subcommittee, Land Use Committee, and full Council unani-mously approved the rezoning.

ULURP Process:Lead Agency: CPC, Neg. Dec.Comm. Bd.: QN 11, Den’d, 21-11-0Boro. Pres.: App’dCPC: App’d, 12-0-0Council: App’d, 48-0-0

Council: Bell Boulevard Rezoning (C 080293 ZMQ – rezoning) (Jan. 18, 2011).

CITY COUNCIL

Text Amendment

Citywide

Zoning text altered for Staten Island and the Bronx

Special rules seek to protect residen-tial neighborhoods and encourage development of day care and medi-cal facilities in commercial districts . On January 18, 2011, the City Coun-cil approved the Department of City Planning’s amendment to the Low-er Density Growth Management Area (LDGMA) regulations that ap-ply to Staten Island and Bronx Com-munity District 10. The amendment limits the development of out-of-context medical facilities and day care centers in low-density residen-tial areas and encourages their con-struction in commercial districts. It also eases commercial regulations that restricted residential expansion and development in appropriate ar-eas of Staten Island.

The amendment is the latest modification to the City’s LDGMA zoning regulations applicable to ar-eas within Staten Island and Bronx CD 10 which are characterized by rapid growth, high vehicle owner-ship, and limited access to mass transit. 1 CityLand 4 (Oct. 15, 2004), 2 CityLand 164 (Dec. 2005). The City last revised the LDGMA regu-lations to close a parking require-ment loophole in the Throgs Neck section of the Bronx. 7 CityLand 37 (April 15, 2010).

The LGDMA regulations per-mitted developers to build large out-of-scale medical facilities and day care centers in low-density resi-dential communities. This also led to increased traffic congestion due to off-street parking waivers for medi-cal facilities and the lack of parking requirements for day care centers. New medical facilities in residen-tial districts will now be required to comply with residential zoning regulations rather than community facility regulations. The amendment


pied by a parking lot and plumbing supply store owned by Terzano.

Terzano proposed rezoning a half-block portion of Wythe Avenue between South 2nd and South 3rd Streets from an M3-1 manufactur-ing district to an M1-4/R6A mixed-use district. Terzano also requested that the City apply the Inclusionary Housing Program to the area in or-der to build affordable units. The Commission held separate hearings on the applications in order to com-ply with public notice requirements.

Brooklyn Community Board 1 opposed the proposal unless Ter-zano met certain conditions includ-ing changing the proposed zoning from R6A to R6B and guaranteeing that bars would not be targeted as ground-floor tenants.

Brooklyn Borough President Marty Markowitz approved the rezoning, but conditioned his ap-proval on Terzano guaranteeing that the affordable units would be built. Markowitz noted that Ter-zano submitted a letter agreeing to memorialize his commitment by fil-ing a restrictive declaration after the project completed the public review process. Markowitz urged the Com-mission and City Council to require that the declaration be filed prior to approving the rezoning.

At the Commission’s January 5 hearing on the rezoning application, Terzano’s attorney, Kenneth K. Fish-

Council: Lower Density Growth Man-agement Text Amendment and Com-mercial Corridor Rezoning (N 110070 ZRY – text amend.) (Jan. 18, 2011).

CITY COUNCIL

Rezoning

Staten Island

Rezoning of S.I. commercial corridors approved

Plan brings three separate commer-cial corridors into conformance with zoning regulations . On January 18, 2011, the City Council approved the Department of City Planning’s proposal to apply commercial over-lays to three commercial corridors comprising 28 total blocks in Stat-en Island: Richmond Avenue from Victory Boulevard to Travis Avenue; Hylan Boulevard between Naugh-ton and Seaver Avenues; and Hylan Boulevard between Richmond Av-enue and Goodall Street. The re-zoning was reviewed and approved concurrently with Planning’s broader modification to the Lower Density Growth Management Area (LDGMA) regulations.

Although zoned residential, the three corridors are predomi-nantly developed with commercial uses that existed prior to the adop-tion of the 1961 zoning resolution or were built with BSA approval. Because these areas are not located in commercial zones, the LDGMA commercial regulations did not ap-ply to these businesses. By applying C1-2 and C2-2 commercial overlays to these corridors, Planning brings the majority of the businesses into conformance with the underlying zoning and ensures that LDGMA commercial regulations will apply to future development.

No one opposed the proposal at the City Planning Commission’s hearing, and the Commission unan-imously approved the rezoning.

The Council’s Zoning & Fran-chises Subcommittee unanimously approved the plan, and the Land

Use Committee and full Council fol-lowed suit.

ULURP ProcessLead Agency: CPC, Neg. Dec.Comm. Bd.: SI 2 and 3, App’dBoro. Bd.: App’dBoro. Pres.: App’dCPC: App’d, 12-0-0Council: App’d, 48-0-0

Council: Lower Density Growth Man-agement Text Amendment and Com-mercial Corridor Rezoning (C 110069 ZMR – rezoning) (Jan. 18, 2011).

CITY PLANNING COMMISSION

Rezoning/Text Amendment

Williamsburg, Brooklyn

Hearing held on Williams-burg mixed-use project

Project near Domino Sugar Refin-ery would provide 59 market-rate units and eighteen affordable units . The City Planning Commission held public hearings on Bruce Terzano’s proposal to develop a 104,000 sq.ft. mixed-use project at the corner of Wythe Avenue and South 3rd Street in Williamsburg, Brooklyn. The project would include a six-story building with eighteen affordable apartments and a larger six-story building with 59 market-rate apart-ments and ground-floor commer-cial space. The site, one block from the Domino Sugar Refinery, is occu-

Bruce Terzano’s proposed mixed-use residential development at the corner of Wythe Avenue and South 3rd Street in Williamsburg, Brooklyn. Image: Courtesy Joseph Vance Architects .


er, explained that his client intended to donate the land designated for the affordable housing building to a non-profit affordable housing devel-oper. Fisher noted, however, that the construction of the affordable hous-ing component would be contingent on Terzano obtaining adequate fi-nancing. Several nearby residents expressed support for the project and no one spoke in opposition.

At the Commission’s Janu-ary 26 hearing on the inclusionary housing text amendment, one resi-dent, in opposition, claimed that the proposal amounted to spot zoning and questioned why Terzano did not seek a BSA variance to build the project. Another resident asked the Commission to postpone the “spot” rezoning and authorize a compre-hensive study of the neighborhood similar to the 2005 Greenpoint- Williamsburg rezoning plan.

The Commission is expected to vote on the plan at its February 16 public meeting.

CPC: Wythe Avenue Rezoning (C 070245 ZMK – rezoning) (Jan. 5, 2011); (N 070246 ZRK– text amend.) (Jan. 26, 2010) (Architect: Joseph Vance Architects).


Special Permit

Midtown South, Manhattan

Conversion of illegal Mid-town apartments approved

Sixteen-story building was illegally converted to residential use in 1997 . On January 26, 2011, the City Plan-ning Commission approved Mocal Enterprises Inc.’s proposal to con-vert its sixteen-story commercial building at 1182 Broadway in Man-hattan to partial residential use. The building, zoned for manufacturing and commercial uses, is located within the Madison Square North Historic District.

In 1997, Mocal illegally convert-ed the portion of the building above the fifth floor into apartments. Mo-cal initially applied for a special per-

expenses and refunded brokerage fees, prepaid rent, and security paid. Haddad stated that the building was “a real community” and that many of the former residential tenants in-tend to return to the building and would purchase their units if the building were converted to a condo-minium. CB 5’s representative reit-erated the board’s opposition.

The Commission unanimously approved the proposal, finding that the proposed mixed-use occupancy of the building would be consistent with established land use trends in the surrounding neighborhood. The Commission pointed out that CB 5’s concern was beyond the scope of Mocal’s application, but noted that an inventory of available class B and C office space within the area and throughout the City could “merit further analysis.”

CPC: 1182 Broadway (C 080361 ZSM – spec. perm.) (Jan. 26, 2011).


Rezoning/Text Amendment

Norwood/Bedford Park, Bronx

Contextual rezoning of 80 Bronx blocks considered

Contextual rezoning would permit residential development along Web-ster Avenue and apply lower-density districts in Bedford Park and Nor-wood . On January 5, 2011, the City Planning Commission held a public hearing on the Department of City Planning’s Webster Avenue/Bed-ford Park/Norwood Rezoning plan in the Bronx. The 80-block proposal includes a thirteen-block section of the north/south Webster Avenue commercial corridor between 193rd and 211th Streets and the nearby residential side streets making up the Bedford Park and Norwood neighborhoods. The rezoning area is primarily within Bronx Commu-nity Board 7, which requested the plan, with only a small section of Webster Avenue above 211th Street within CB 12’s boundaries.

mit to legalize the building in April 2008. In March 2010, Buildings is-sued a partial vacate order and cur-rently only one commercial tenant remains in the building.

Mocal proposed converting the sixth through sixteenth floors plus penthouse to allow 44 residen-tial apartments and would provide separate entrances and elevators for residential and commercial tenants. Because the building is located with-in a historic district, it was necessary for Mocal to create a Landmarks-approved maintenance plan for the building’s preservation. Landmarks approved Mocal’s restoration plan in January 2008.

Manhattan Community Board 5 opposed the proposal. CB 5 rec-ommended that the building re-main commercial space due to the dearth of class B office space in the neighborhood.

At the Commission’s public hearing, Mocal’s attorney, Jay Se-gal, testified that the proposal would have minimal adverse effects on conforming uses within the building and the surrounding area. Referring to CB 5’s concerns, Segal noted that the conversion’s impact on avail-able class B office space was not a necessary finding under the zon-ing resolution. Mocal’s Dana Had-dad testified that all tenants were compensated for their relocation

1182 Broadway in Manhattan. Image: CityLand .


Webster Avenue’s C8-2 com-mercial zoning prohibits residen-tial development and was applied when the IRT Third Avenue elevated train line ran above the block mak-ing heavier commercial uses more acceptable along the corridor. The Third Avenue El was demolished in 1973, but the zoning remained un-changed. This wide avenue is now characterized by auto repair shops, low-scale office uses, parking lots, vacant lots, and minimal pedestrian traffic. The rezoning would replace the majority of the C8-2 zoning with R7D, R7B, and C4-5D districts, and new commercial overlays to en-courage higher density mixed-use development. Planning would apply the Inclusionary Housing Program to the new R7D and C4-5D districts.

The neighborhoods of Bedford Park and Norwood, separated by Mosholu Parkway, are characterized by a mixture of housing types, includ-ing one- and two-family detached homes, attached and semi-detached homes, and five- to seven-story apartment buildings. The area’s ex-isting R7-1 zoning, unchanged since 1961, allows building heights to reach fourteen stories. Planning would apply contextual zoning districts — including R7B, R6B, R5B, and R5A — to these neighborhoods in order to preserve the existing built charac-ter and to ensure new development

March 7, 2011 to vote on the plan.

CPC: Hearing on Webster Avenue Cor-ridor/Bedford Park/Norwood Rezoning (C 110085 ZMX – rezoning); (N 110086 ZRX – text amend.) (Jan. 5, 2011).


Business Improvement District

SoHo, Manhattan

New SoHo BID proposal heads to Council

Proposal encompasses 800 businesses and features unique reimbursement plan for certain mixed-use co-ops . On January 26, 2011, the City Plan-ning Commission approved the De-partment of Small Business Services’ plan to create the SoHo Business Im-provement District for approximate-ly 800 businesses and 433 residential units in Manhattan. The BID would include 280 tax lots along Broadway between Houston Street and Canal Street. The BID would include a spe-cial reimbursement plan for seven mixed-use co-ops in response to concerns about the annual assess-ment on those properties.

The BID’s boundaries encom-pass a mix of uses including art gal-leries and retail shops. The area is primarily characterized by five- to twelve-story residential loft build-ings with ground floor commercial uses and live-work quarters for art-ists on the upper floors. The BID’s projected first-year budget would be $700,000. Wholly commercial prop-erties and ground floor commercial condominiums would be assessed based on a combination of a linear front footage rate, an assessed value rate, and a base fee of $250. Mixed-use properties, including co-ops, would be assessed the same way in which commercial properties are assessed, but using a reduced as-sessed value rate to reflect the upper floor residential use. Commercial condos located on an upper floor or below-grade space would be as-sessed based on an assessed value rate plus a base fee of $250. Wholly

matches the existing scale. Bronx Borough President Ru-

ben Diaz Jr. supported the proposal, but expressed concern about future Bronx rezonings. Diaz said there was a need for additional middle-income and market rate housing opportu-nities in the Bronx. He suggested that the City allow the Inclusionary Housing Program’s bonuses to be used in situations where low- and middle-income or market rate hous-ing is provided in order to create more diverse and stable neighbor-hoods. Diaz also noted that Webster Avenue had become notorious for il-legal drag racing that had resulted in several deaths. He pointed out that the rezoning would increase resi-dential units along the corridor and requested that the City add a planted median along the block as a “traffic calming” measure to reduce a “grave risk” to pedestrians.

At the Commission’s hearing, Carrie Laney, speaking on behalf of the Four Bronx Institutional Alliance which represents Fordham Univer-sity, Montefiore Medical Center, the Bronx Zoo, and the Bronx Botanical Garden, stated that the plan would be a major step forward in revital-izing the community. A representa-tive from the borough president’s office reiterated Diaz’s concerns. No one spoke in opposition.

The Commission has until

ULURP PIPELINE

New Applications Certified into ULURP

PROJECT DESCRIPTION COMM.BD. ULURPNO. CERTIFIED

Judd House Special permit MN 2 100267ZSM 12/13/2010

11 Second Ave Acquisition of prop; UDAAP; MN 3 110140HAM; 12/13/2010 dispose of City prop; 110141PQM; easement certification; N110124ZCM; zoning text amendment N110165ZRM

154th St. Rez. Rezoning QN 7 100457ZMQ 12/13/2010

59 Thompson St. Special permit MN 2 110043ZSM 1/3/2011

West Clinton Rezoning Rezoning; zoning MN 4 110177ZMM; 1/3/2011 text amendment N110176ZRM

Brooklyn Navy Yard Dispose of City prop. BK 2 110169PPK 1/3/2011

Solow Center Rezoning QN 7 070210ZMQ 1/3/2011

226-03 Linden Blvd. Rezoning QN 13 100342ZMQ 1/3/2011

Yeshiva Rambam Dispose of City prop. BK 18 110192PPK 1/24/2011

164th St. Rezoning Rezoning QN 8 090347ZMQ 1/24/2011

Almeda Avenue City map amendment QN 14 080440MMQ 1/24/2011


ment uses, non-profit, and religious organizations would be exempt.

At the Commission’s hear-ing, Barbara Clurman, co-chair of the Atlantic Avenue BID Steering Committee, testified that the area was the district’s last commercial strip not part of a BID and point-ed out that more than 90 percent of business and property owners supported the proposal. Local Council Member Stephen Levin submitted a letter in support noting that the BID would generate addi-tional foot traffic and revenue while preserving the commercial corri-dor’s “historic nature.” There were no speakers in opposition.

The Commission approved the plan, noting its importance in pro-moting Downtown Brooklyn’s eco-nomic development. If approved by the City Council and Mayor Michael Bloomberg, it would be Brooklyn’s twenty-third BID.

CPC: Atlantic Avenue BID (Jan. 5, 2011).

BOARD OF STANDARDS & APPEALS

Vested Rights

Astoria, Queens

Residential building grand-fathered despite opposition

Owner completed 99 percent of building’s foundation before City Council approved Astoria Rezoning plan . Plaza Group 36 LLC obtained excavation and foundation permits to begin work on a four-story resi-dential building at 30-86 36th Street in Astoria, Queens. On May 18, 2010, Buildings issued a new building per-mit to Plaza Group for the project. One week later, the City Council ap-proved the Astoria Rezoning, chang-ing the site’s R6 zoning to R5B and rendering the 6,565 sq.ft. eight-unit project out of compliance with the district’s maximum permitted floor area and number of dwelling units.

Buildings inspected the site two days after the rezoning and initially determined that Plaza Group had completed the foundation by the

keting, promotion, and advertising.

CPC: SoHo BID (N 110128 BDM) (Jan. 26, 2011).


Business Improvement District

Cobble Hill/Boerum Hill, Brooklyn

Commission approves Atlantic Avenue BID

Proposal encompasses more than 400 businesses . On January 5, 2011, the City Planning Commission ap-proved the Department of Small Business Services’ plan to create the Atlantic Avenue Business Improve-ment District for 738 tax lots and more than 400 commercial busi-nesses in Brooklyn’s Cobble Hill and Boerum Hill neighborhoods. The BID would extend along Atlantic Av-enue from Fourth Avenue to the east and the Brooklyn-Queens Express-way to the west, and extend along the side streets one block to the north and south of Atlantic Avenue. Properties along the north side of Atlantic Avenue between Court and Smith Streets would be excluded because they are part of the Court-Livingston-Schermerhorn BID.

The proposed BID covers a sec-tion of Atlantic Avenue featuring a mix of national retail chains, two- to four-story residential buildings with ground floor commercial uses, and large residential condominiums. The BID would allow for an annual assessment on businesses and resi-dents in order to provide marketing and promotion services, sanitation services, and improved business advocacy. The BID would have a projected $240,000 first-year bud-get. Commercial properties with Atlantic Avenue frontages would be assessed at a rate not to exceed $20 per linear front foot, with commer-cial properties on corner lots being assessed at the commercial rate and 50 percent of the assessment for the frontage on the side streets. Residential properties would pay an annual $1 assessment, and govern-

residential tax lots would pay an an-nual one-dollar assessment.

Manhattan Community Board 2 opposed the BID, citing concerns that residential condo and co-op owners would be treated unequal-ly. CB 2 stated that the plan lacked a mechanism to ensure that resi-dents in some mixed-use co-ops with ground floor commercial space would not be responsible for more than a nominal residential assess-ment of one dollar.

The City treats co-ops as single tax lots when calculating BID as-sessments. Seven mixed-use co-ops within the proposed BID own and control their building’s commercial ground floor space as a corporation. The corporation leases the space and would be able to offset the commercial BID assessment with the rental income. In seven other mixed-use co-ops the commercial space is not owned and controlled by the corporation, but by an in-dividual co-op shareholder. There would be no rental income available for these co-ops to offset the com-mercial BID assessment.

At the Commission’s hearing, Brian Steinwurtzel, co-chair of the SoHo BID Steering Committee, ex-plained that a unique residential re-imbursement plan would be provid-ed to address CB 2’s concerns. The reimbursement plan would only ap-ply to the seven mixed-use co-ops that do not own their commercial space as a corporation and would ensure that the residential portion of the co-op would not pay more than the one dollar paid by wholly residential tax lots.

The Commission approved the proposal. Noting that commercial property owners and their tenants should be responsible for the major-ity of a BID’s costs, the Commission recommended that the City Council modify the proposal to reflect the residential reimbursement plan. The Commission also recommend-ed that the budget be modified to provide greater specificity as to how the BID will allocate funds for mar-


enactment date. Buildings, however, issued a stop work order the next month after finding that three inte-rior footings for steel columns were not completed before the rezoning.

Plaza Group sought approval from BSA to finish construction, claiming that it had completed all excavation work and poured 82 of the 84 total cubic yards of the foun-dation’s concrete prior to the rezon-ing. Plaza Group also submitted records indicating that it had spent $95,276 of the foundation’s $96,026 total estimated cost.

Local Council Member Peter F. Vallone, Queens Community Board 13, and a group of neighbors op-posed the application. The neigh-bors claimed that Plaza Group had not completed the excavation be-fore the rezoning and submitted

photographs allegedly showing Pla-za Group removing soil from the site after the enactment date. The neigh-bors also argued that construction took place after the rezoning.

In response, Plaza Group stated that it had used on-site soil to provide a ramp to remove excavation equip-ment and to complete backfill. Plaza Group claimed that any work per-formed after the rezoning was pursu-ant to valid permits existing after the enactment date and before Buildings reversed their position on whether the foundation had been completed.

BSA granted Plaza Group a six-month extension to complete con-struction. Noting that Plaza Group had omitted any construction work that took place after the rezoning and before the stop-work order, BSA found that the site had been exca-

vated and that substantial progress had been made on the foundation.

BSA: 30-86 36th Street, Queens (113-10-BZY) (Nov. 23, 2010) (Rothkrug Rothk-rug, for Plaza Group). CITYADMIN

LANDMARKS PRESERVATIONCOMMISSION

Commission Appointments

Citywide

Two new members appoint-ed to commission

Michael Goldblum and Michael Devonshire replaced Stephen By-rns and Roberta Brandes Gratz . Architect Michael Goldblum and architectural conservator Michael Devonshire have replaced Commis-sioners Stephen Byrns and Roberta Brandes Gratz on the Landmarks Preservation Commission. Byrns joined Landmarks in 2004 and is a founding partner of BKSK Architects LLP. Gratz joined Landmarks in 2003 and will continue to serve the City as a member of the Sustainable Advisory Board for PlaNYC.

The City Council approved Goldblum’s appointment in Oc-tober 2010 and Devonshire’s ap-pointment in December 2010. The eleven-person Commission must include three architects, an archi-tectural historian, a city planner or landscape architect, and a realtor. There must also be at least one resi-dent of each borough.

Goldblum is one of the found-ers of Building Studio Architects. He also serves on the U.S. Green Building Council, the board of the Municipal Art Society Fellows, and the Bronx Borough President’s His-toric Preservation Task Force. Gold-blum replaces Byrns as Landmarks’ Bronx representative.

Devonshire is director of con-servation at Jan Hird Pokorny As-sociates and is an adjunct professor at Columbia University’s School of Architecture, Planning, and Pres-ervation. He has worked on several significant restoration projects in-

BSA PIPELINE

New Applications File d with BSA — Dec . 1, 2010 - Jan . 31, 2011

APPLICANT PROJECT/ADDRESS DESCRIPTION APP.NO. REPRESENTATIVE

VARIANCES

117 7th Ave. S. Prop. 117 Seventh Ave. S., MN Enlg. res./comm. facility 2-11-BZ Cozen O’Connor

Avenue K Corp. 2063 Ralph Ave., BK Redevelop site as bank 235-10-BZ Paul J. Proulx

RAC LLC Realty 189 Atlantic Ave., BK N/A 1-11-BZ Martyn Weston

1747 E. 2nd LLC 1747 E. 2nd St., BK Construct synagogue 4-11-BZ Fredrick A. Becker

Dumbo Development 9 Old Fulton St., BK Const. 5-story building 5-11-BZ Akerman Senterfitt

Denis Forde 50-20 216th St., QN Construct 1-fam. dwelling 6-11-BZ Paul F. Bonfillo

SPECIALPERMITS/OTHERACTIONS

Montbatten Equities 405 Hudson St., MN Permit phys. cult. est. 226-10-BZ Rothkrug Rothkrug

NRP LLC II 177 Dyckman St., MN Permit phys. cult. est. 7-11-BZ Sheldon Lobel PC

Riverdale Equities 2129A White Plains, BX Permit phys. cult. est. 9-11-BZ Sheldon Lobel PC

Leonid Fishman 177 Kensington St., BK Enlarge 1-fam. dwelling 230-10-BZ Eric Palatnik PC

WIEDC 430 Park Ave., BK Build religious educ. facility 231-10-BZ Eric Palatnik PC

Labe Twerski 2115 Avenue K, BK Extend 1-fam. dwelling 234-10-BZ Moshe M. Friedman

Chaya Schron 1221 E. 22nd St., BK Enlarge 1-fam. dwelling 3-11-BZ Fredrick A. Becker

Power Test Realty 204-12 N. Blvd., QN Leg. mods. to service station 227-10-BZ Eric Palatnik PC

APPEALS

Kermit7 Realty 161 E. 7th St., MN Vested rt. to compl. const. 223-10-A Fredrick A. Becker

4th Ave. Loft Corp. 59 Fourth Ave., MN N/A 232-10-A OTR Media Group

Y. Yoran Wastlin 97 St. Marks Ave., BK Reverse permit rescission 222-10-A Laleh Hawa

Y. Yoran Wastlin 97 St. Marks Ave., BK Vested rights 225-10-A Laleh Hawa

Robert Cunningham 123 87th St., BK Addition, partial demo. 221-10-A Robert Cunningham

Beach Haven Group Atwater Ct., BK Const. in mapped st. (tennis ct.) 8-11-A Beach Haven Group

Alco Builders 90-22 176th St., QN Vested rt. to compl. const. 233-10-A Rothkrug Rothkrug

Breezy Pt. Co-op. 173 Reid Ave., QN Bldg. not fronting mapped st. 224-10-A Joseph A. Sherry

EXTENDCONSTRUCTIONPERIOD

163 Orchard St. LLC 163 Orchard St,. MN Ext. time for minor dev. 229-10-BZY Akerman Senterfitt

180 Ludlow Dev. 180 Ludlow St., MN Ext. const. time 2 yrs. 228-10-BZY Akerman Senterfittt


cluding the Morris-Jumel Mansion in Manhattan and the North China Daily News Building in Shanghai.

City Council Confirms Appointments of two New Landmarks Preservation Commissioners and Reappointment of Another, LPC Press Release, Dec. 7, 2010.

LANDMARKS PRESERVATION COMMISSION

Designation Hearing

Downtown Brooklyn

Borough Hall Skyscraper Historic District considered

Elected officials and business com-munity expressed concerns about proposed twenty-building district . On December 14, 2010, Landmarks heard testimony on the proposed Borough Hall Skyscraper Historic District in downtown Brooklyn. The district would include approximate-ly twenty properties along Court, Montague, Remsen, Joralemon, and Livingston Streets. The proposed district is characterized by large commercial buildings in a range of architectural styles including the 35-story Montague-Court Build-ing at 16 Court Street, the 32-story Brooklyn Chamber of Commerce Building at 75 Livingston Street, and the thirteen-story Temple Bar Build-ing at 44 Court Street. Many of the buildings were constructed in the late 19th and early 20th centuries following New York City’s consoli-dation and at a time when specula-tors believed downtown Brooklyn would become a financial and com-mercial center to rival lower Man-hattan. Landmarks calendared the proposed district in October 2010.

At a hearing, Brooklyn Borough President Marty Markowitz spoke in support stating that the district was a “monument to the borough’s his-tory.” Markowitz, however, asked Landmarks to exclude 75 Livingston Street, which is now a residential co-op, from the district. He said the tenants opposed designation because it would add onerous fees

Landmarks Actions Taken in Dec . 2010 - Jan . 2011

FINALPERMITSTOBEISSUEDAFTERLANDMARKSRECEIVESCONFORMINGPLANS

ADDRESS LANDMARK/HISTORICDISTRICT DESCRIPTION CASENO. APP’D

December 7, 2010

10 South St., MN Battery Maritime Building Replace lift bridges 11-3846 Yes

105 Mercer St., MN SoHo-Cast Iron HD Leg. gate, security grilles 11-4055 W/Mod

373 Sixth Ave., MN Greenwich Village HD Install storefront infill 11-2634 W/Mod

56 W. 9th St., MN Greenwich Village HD Replace rear windows 11-4112 W/Mod

544 Hudson St., MN Greenwich Village HD Alt. facade, inst. windows, door 11-4051 W/Mod

467 W. 21st St., MN Chelsea HD Leg. rear facade alterations 10-8517 W/Mod

21 E. 65th St., MN Upper East Side HD Modify entryway 11-2428 Yes

24 W. 87th St., MN Upper West Side/CPW HD Alter areaway 11-0024 Yes

32 W. 88th St., MN Upper West Side/CPW HD Construct rear yard add. 11-2587 W/Mod

739 St. Nicholas Ave., MN Hamilton Hts./Sugar Hill HD Inst. railings, areaway wall 11-2950 W/Mod

414 Waverly Ave., BK Clinton Hill HD Construct new building 10-7610 Yes

158 Court St., BK Cobble Hill HD Install access ramp 11-1953 Yes

439 Hicks St., BK Cobble Hill HD Est. master plan (windows) 11-4104 Yes

417 Hicks St., BK Cobble Hill HD Est. master plan (windows) 10-0174 Yes

300 Henry St., BK Brooklyn Heights HD Inst. areaway railing 09-5591 Yes

303 Henry St., BK Brooklyn Heights HD Const. carport, mod. ext. 11-3820 W/D

39-09 49th St., QN Sunnyside Gardens HD Alter rear porch 11-1992 W/Mod

December 14, 2010

295 Lafayette St., MN The Puck Building Rem. fence, inst. infill 11-4143 W/Mod

1462 Broadway, MN Knickerbocker Hotel Mod. base, facades, penthouse 11-3230 Yes

360 Park Ave., MN Racquet & Tennis Club Install storefront infill 11-2253 Yes

17 E. 90th St., MN 17 E. 90th St. House Alt. entrance, const. rear add. 11-3346 Yes

385 Greenwich St., MN Tribeca West HD Const. stair bulkhead 11-0461 Yes

326 Canal St., MN Tribeca East HD Install storefront infill 10-9622 W/Mod

88 MacDougal St., MN MacDougal-Sullivan Gdns. HD Construct rooftop addition 10-4702 Yes

23 Cornelia St., MN Greenwich Village HD Ext. II Construct rooftop addition 11-1001 Yes

53 Great Jones St., MN NoHo HD Alter parapet, inst. infill 11-3558 Yes

11 W. 19th St., MN Ladies’ Mile HD Construct rooftop addition 11-3560 Yes

469 W. 21st St., MN Chelsea HD Construct rear, roof adds. 10-7384 Yes

225 Fifth Ave., MN Madison Sq. North HD Mod. openings, inst. infill 11-3542 Yes

20 E. 67th St., MN Upper East Side HD Install blade sign 11-3656 Yes

22 E. 91st St., MN Exp. Carnegie Hill HD Alt. entrance, const. rear add. 11-3347 Yes

192 Water St., BK DUMBO HD Const. roof add., alt. openings 11-3445 Yes

195 Plymouth St., BK DUMBO HD Inst. infill, repl. windows 10-7261 Yes

30 Washington St., BK DUMBO HD Const. roof add., inst. canopy 11-3714 Yes

January 4, 2011

51 Mercer St., MN SoHo-Cast Iron HD Install infill, HVAC pipe 11-4081 Yes

454 Broome St., MN SoHo-Cast Iron HD Replace sidewalk slabs 11-4242 No

753 Washington St., MN Greenwich Village HD Install storefront infill 11-3020 Yes

110 E. 70th St., MN Upper East Side HD Create areaway 11-3001 Yes

11 W. 74th St., MN Upper West Side/CPW HD Mod. fence, inst. access lift 11-3719 Yes

25 W. 75th St., MN Upper West Side/CPW HD Alter basement entrance 11-4989 Yes

238 Cumberland St., BK Fort Greene HD Legalize windows 11-3455 No

140 Court St., BK Cobble Hill HD Construct rear addition 11-3162 Yes

223 Ridge Rd., QN Douglaston HD Const. add., mod. entrance 11-1140 Yes

January 11, 2011

120 Madison Ave., MN Colony Club Const. rear, roof additions 10-9811 Yes

70 Greene St., MN SoHo-Cast Iron HD Mod. roof adds., repl. infill; 11-4059; Yes; report to CPC (mod. use) 11-1274 Yes

393 W. Broadway, MN SoHo-Cast Iron HD Alter, install windows 10-4161 Yes

291 W. 4th St., MN Greenwich Village HD Const. rear, roof additions 11-3630 Yes

116 Waverly Pl., MN Greenwich Village HD Rebuild rear facade 11-3140 Yes

33 Fifth Ave., MN Greenwich Village HD Leg. penthouse alterations 11-0629 No

31 W. 21st St., MN Ladies’ Mile HD Alter facade, inst. canopies 10-9777 Yes

Chart continues on page 12


and complicate a planned renova-tion. Representatives of Assembly Member Joan Millman and lo-cal Council Member Steven Levin also recommended that Land-marks exclude 75 Livingston Street. Several residents of the co-op at-tended the hearing also to speak against including their building in the proposed district.

Seth Taylor, representing the Court-Livingston-Schermerhorn Business Improvement District, opposed designation citing the dis-trict’s limited architectural merit, the potential negative economic impact on the area, and the “unfair burden” of higher costs in maintain-ing residential buildings. Brooklyn Law School’s president, Joan Wex-ler, argued that a “district approach” was inappropriate for an area she characterized as being a “disparate collection of buildings.” Wexler claimed that the inclusion of the law school’s residence hall at 184 Jorale-mon Street would raise costs for the school and ultimately for students.

The Real Estate Board of New York’s Carol Van Guilder also op-posed the proposed district, as did area resident Terri Matthews, who claimed the area’s built character reflected “a failed speculative ef-fort.” A representative of the owner of 26 Court Street argued that the district featured “a remarkably un-remarkable group of buildings.”

Representatives from the New York Landmarks Conservancy, the Municipal Art Society, and the His-toric Districts Council all spoke in support of designating the proposed district in its entirety. The Historic Districts Council’s Simeon Bankoff pointed out that the district would be the first “principally commercial district” created outside of Manhat-tan and said the business district’s failure to thrive as a financial center did not diminish its architectural or historic value. Brooklyn Commu-nity Board 2 supported designating the district as proposed.

The hearing was closed, and Landmarks has not set a date to vote

on the proposed district.

LPC: Borough Hall Skyscraper His-toric District, Brooklyn (LP-2427) (Dec. 14, 2010).

CITYLAND Comment: On Janu-ary 7, 2011, the Wall Street Journal reported that Brooklyn Law School had signed a contract to sell its resi-dence hall at 184 Joralemon Street to a private developer that intends to convert it into condominiums.


Designation Hearing

Downtown Brooklyn

Hearing held on vacant Remsen Street building

Fear of demolition triggered hear-ing on six-story building within proposed Borough Hall Skyscraper Historic District . On January 4, 2011, Landmarks heard testimony on the potential designation of the Frank-lin Building at 186 Remsen Street as an individual City landmark. The va-cant building is within the proposed boundaries of the Borough Hall Sky-scraper Historic District, but was calendared separately on December 7, 2010 due to “threat of demolition” after the building owner filed a de-molition permit application with Buildings. Chair Robert B. Tierney explained that Landmarks was con-cerned that the owner would de-molish or alter the building before final deliberations on the proposed historic district had taken place.

The Parfitt Brothers designed and built the Queen Anne-style Franklin Building in 1887. The six-story building is clad in red brick with stone trim and terra cotta or-nament, and its sandstone base fea-tures a large arched entranceway. The building lost its original roof around 1950 when the top one-and-a-half stories were removed and re-placed with a simple brick parapet.

At the January hearing, archi-tect Ted Bodnar, representing the

Landmarks Actions Taken in Dec . 2010 - Jan . 2011 (Cont .)

FINALPERMITSTOBEISSUEDAFTERLANDMARKSRECEIVESCONFORMINGPLANS

ADDRESS LANDMARK/HISTORICDISTRICT DESCRIPTION CASENO. APP’D

January 11, 2011 (Continued from page 11)

1 E. 65th St., MN Upper East Side HD Legalize canopies 07-4721 Yes

14 W. 69th St., MN Upper West Side/CPW HD Alter areaway, entrance 09-6344 Yes

40 W. 69th St., MN Upper West Side/CPW HD Const. stoop, rear yd. add. 11-4165 Yes

180 Washington Pk., BK Fort Greene HD Alter rear facade 11-3424 Yes

314 Hick St., BK Brooklyn Heights HD Amend C of A (new building) 10-9988 Yes

202 Shore Rd., QN Douglaston HD Amend C of A (additions) 11-4682 Yes

137 Hollywood Ave., QN Douglaston HD Const. add., alter house 11-1138 W/Mod

7 Knollwood Ave., QN Douglaston HD Leg. new house w/prior C of A 10-0430 Yes

January 18, 2011

25 Broadway, MN Cunard Building Install transformer 11-4013 Yes

151 Hudson St., MN Tribeca North HD Install storefront infill 11-4117 W/Mod

591 Broadway, MN SoHo-Cast Iron HD Install painted wall sign 11-3580 Yes

14A Wash. Mews, MN Greenwich Village HD Alt. areaway, const. bulkhead 10-5631 W/Mod

252 W. 12th St., MN Greenwich Village HD Const. roof, rear adds. 11-4093 Yes

52 W. 22nd St., MN Ladies’ Mile HD Enlg. penthouse addition 11-1560 Yes

5 Tudor City Pl., MN Tudor City HD Est. master plan (signage) 10-9484 Yes

851 Lexington Ave., MN Upper East Side HD Legalize infill installation 10-8643 No

4 E. 66th St., MN Upper East Side HD Install chimneys at roof 11-3388 Yes

223 W. 138th St., MN St. Nicholas HD Legalize fence, grilles 11-0776 Yes

722 Home St., BX Morris High School HD Replace fence 11-4500 Yes

56 Garden Pl., BK Brooklyn Heights HD Install railing 10-7380 Yes

286 Park Pl., BK Prospect Heights HD Install skylights, rear add. 11-4239 Yes

622 Bergen St., BK Prospect Heights HD Construct rooftop addition 11-3350 No

460 Brielle Ave., SI NYC Farm Colony HD Construct new building 11-5352 W/Mod


story carriage houses. Hill pointed out that while the building would be taller than its immediate neighbors, it would be similar in size to other buildings on the block and shorter than permissible under the area’s R6B zoning.

The Historic Districts Coun-cil’s Nadezhda Williams generally supported the design, but argued that the proposed height was exces-sive. Williams said three stories and a “very visible fourth floor” would be too much for Waverly Avenue, which she noted was created as a service road for the mansions that lined Clinton Avenue.

Commissioner Libby Ryan found the design appropriate, but the size problematic. Vice Chair Pablo Vengoechea recommended that the architect alter the building’s proportions, and Commissioner Di-ana Chapin said the project’s height was inappropriate for a carriage-house style building.

At the November hearing, a member of Landmarks’ staff de-scribed the architect’s efforts to reduce the visibility of the fourth floor, which included lowering the project’s height by one foot and three inches. The commissioners still found the fourth floor problem-atic, with Commissioner Margery Perlmutter stating that it did not appear to be integrated with the rest of the design.

At the December meeting, a Landmarks staff member described a revised design which further re-duced the fourth floor’s visibility. The building’s overall height was reduced by more than five feet by slightly reducing the ceiling heights. According to Landmarks’ Sarah Carroll, the top floor was altered to give it the appearance of “a utili-tarian rooftop feature.” Commis-sioner Libby Ryan appreciated the architect’s revisions, noting that the building would “look like it was always there.” Commissioner Fred Bland praised the proposal, stating that the struggle to design an appro-priate two-family, four-story build-

Tierney closed the hearing was and did not set a date to vote on the designation.

LPC: Franklin Building, 186 Remsen St., Brooklyn (LP-2465) (Jan. 4, 2011).


Certificate of Appropriateness

Clinton Hill, Brooklyn

New residence OK’d on carriage house block

Carriage-house style building ap-proved after reducing size and vis-ibility of fourth floor . On Decem-ber 7, 2010, Landmarks approved a modified proposal to develop a new building on a vacant parking lot at 414 Waverly Avenue in Brooklyn’s Clinton Hill Historic District. The owner proposed building a four-story two-family residence inspired by the 19th century carriage houses that bookend the lot. The building would be clad in brick and the fourth floor would be set back fifteen feet. At the project’s prior hearings in October and November 2010, Land-marks expressed concern about the size and visibility of the fourth floor. Brooklyn Community Board 2 sup-ported the project.

At the October hearing, the project’s architect, Jim Hill, said the new building would “keep the rhythm” of the neighboring two-

building’s owner, testified that the building had been vacant for seven years and was in a state of disrepair. Proponents of designation included representatives of the New York Landmarks Conservancy and the Brooklyn Heights Association. The Historic Districts Council’s Simeon Bankoff testified that despite its al-terations, the building merited des-ignation based on its “architectural patrimony” and design features.

Chair Tierney stated that it was “his understanding” that Buildings would not issue a demolition permit and the owner agreed to enter into a standstill agreement with Land-marks after the hearing.

LANDMARKS PIPELINE

Proposed Designations – Dec . 2010 - Jan . 2011

NAME ADDRESS ACTION DATE

Franklin Building 186 Remsen St., BK Calendared; 12/7/2010; Heard 1/4/2010

Rogers, Peet & Co. Bldg. 258 Broadway, MN Designated 12/14/2010

Martha Washington Hotel 30 E. 30th St., MN Calendared 12/14/2010

500 Fifth Ave. Bldg. 500 Fifth Ave., MN Heard and Designated 12/14/2010

Alderbrook House 4715 Independence Ave., BX Designated 12/14/2010

Coney Island Theatre 1301 Surf Ave., BK Designated 12/14/2010

Borough Hall Skyscraper HD Downtown Brooklyn, BK Heard 12/14/2010

Citizen Savings Bank 58 Bowery, MN Calendared 1/11/2011

Haskins & Sells Building 35 W. 39th St., MN Designated 1/11/2011

Free Public Bath of N.Y. 344 E. 54th St., MN Heard 1/11/2011

Childs Restaurant Bldg. 1208 Surf Ave., BK Designated 1/11/2011

Hawthorne Court 215-37 43rd Ave., QN Calendared 1/11/2011

The Franklin Building at 186 Remsen Street in Downtown Brooklyn. Image: Courtesy LPC .



Designations

Coney Island, Brooklyn

Iconic Coney Island theater and restaurant designated

Interwar buildings recall Coney Is-land’s era as a family-friendly des-tination . Landmarks unanimously designated the Coney Island The-ater at 1301 Surf Avenue and the Childs Restaurant Building at 1208 Surf Avenue as individual City land-marks. Landmarks held public hear-ings on both buildings in March 2010, and designated the Coney Is-land Theater on December 14, 2010 and the Childs Restaurant Building on January 11, 2011. Both buildings are within the area recently rezoned as part of the City’s Coney Island re-development plan. 6 CityLand 104 (Aug. 15, 2009).

The firm of Reilly & Hall built the Coney Island Theater in 1925. The seven-story neo-Renaissance Revival building was leased to Loew’s theater chain, which re-tained control of the theater until 1964. Later occupants included a live theatre, a burlesque revue, a gay bar, and a bingo hall. The building is currently vacant. According to Land-marks, the theater’s elegant design was meant to convey legitimacy to a place that was transforming from a “seedy” area into a wholesome, family-oriented destination.

At the March hearing, Dick Zigun, founder of Coney Island USA, a not-for-profit arts organiza-tion, spoke in support. Zigun noted that the building represented “the dreams, aspirations, and wishes” of Coney Island’s Chamber of Com-merce when the area was “opening up to the masses” in the 1920s. He said the new Coney Island needed the building and urged Landmarks to consider designating its interior as well. Representatives of several citywide preservation organizations also testified in support.

ing in the carriage house vernacular had been worth it.

Landmarks unanimously ap-proved the project.

LPC: 414 Waverly Ave., Brooklyn (10-7610) (Dec. 7, 2010) (Architect: Urban Pioneering Architecture).


Designation

Midtown, Manhattan

Prominent Art Deco skyscraper designated

Architects of 59-story 500 Fifth Av-enue building also designed Empire State Building . On December 14, 2010, Landmarks designated the 500 Fifth Avenue Building as an in-dividual City landmark. The build-ing’s architects, Shreve, Lamb & Harmon, also designed the Empire State Building, and both build-ings share similar Art Deco motifs. Built in 1931 on a small 100 by 208 feet lot on the corner of Fifth Av-enue and West 42nd Street, the 59- story skyscraper was built out to the maximum height and bulk available under the 1916 zoning

resolution. It is clad in limestone, terra cotta, and brick, and features a limestone and granite entrance with reliefs by Edmond Amateis. The building is asymmetrically massed, with varying setbacks on its 42nd Street and Fifth Avenue front-ages, because the lot was located in two zoning districts with different setback requirements.

At a hearing in October 2010, a representative of Assembly Mem-ber Richard Gottfried described the building as “a beacon of architec-tural ingenuity.” The Historic Dis-tricts Council’s Daniel Donovan stated that the building had been overlooked “as an icon of 20th cen-tury cityscapes simply because it fits in so well.” Cozen O’Connor at-torney Howard B. Hornstein, repre-senting the building owner, said the impact of individual landmarking on property values was difficult to quantify and asked that Landmarks refrain from voting for at least 60 days, pending a review of the des-ignation’s economic impact on the building. Also representing the owner, attorney Paul J. Proulx said the owner had not yet taken a stance on designation, but argued that 500 Fifth Avenue did not rise to the level of the Empire State Building.

When Landmarks reconvened in December 2010, Hornstein thanked Landmarks for participat-ing in a “dialogue” since the first hearing and said the owner looked forward to working with Landmarks’ staff after designation. Commis-sioner Fred Bland called the build-ing a “grand work of art” and said he was surprised to learn that the building was not already an official landmark. Vice Chair Pablo Vengoe-chea stated that the skyscraper was a testament to the significance of the 1916 zoning resolution, which “did so much to shape the City.”

Landmarks unanimously voted to designate the structure.

LPC: 500 Fifth Avenue Building, 500 Fifth Ave., Manhattan (LP-2427) (Dec. 14, 2010).

500 Fifth Avenue in Midtown, Manhattan. Image: Courtesy LPC .


and retail spaces to enhance the project’s educational facilities.

Interested developers may propose a privately owned devel-opment site, but the City has iden-tified four City-controlled sites as potential locations for the facility. The sites include: the Navy Hospi-tal Campus at Brooklyn Navy Yard; development sites on Governors Is-land; the Goldwater Hospital Cam-pus on Roosevelt Island; and Farm Colony, Staten Island. If one of the City-controlled sites is chosen, the City would likely offer a 99-year lease to the developer.

The City expects to make a “sig-nificant contribution” to the facil-ity in the form of capital funds and “other considerations” commensu-rate with the developer’s investment over the project’s first ten years of operation. The developer would be responsible for the project’s full build out and operation, including outreach efforts to potential stu-dents and faculty and creating links between industry and academia to ensure the facility’s output has com-mercial potential.

EDC anticipates releasing a re-quest for proposals after reviewing the RFEI submissions. The submis-sion deadline is March 16, 2011.

EDC: Request for Expressions of Inter-est – Applied Sciences (Dec. 16, 2010).

ADMINISTRATIVE DECISIONS

Department of Buildings

Citywide

Architect suspended from self-certification program

Architect’s self-certified plans omit-ted mapped street and did not disclose need for BSA approvals . Between September 2008 and April 2009 architect Jose A. Velasquez self-certified applications to convert two buildings into three-family homes and to build two new three-family homes on a zoning lot at the corner of 103rd Street and Alstyne Avenue in Corona, Queens. The lot was oc-

At the theater’s December des-ignation meeting, Commissioner Michael Goldblum asked if Land-marks had considered landmarking the interior. Chair Robert B. Tierney replied that the interior was not cur-rently accessible to Landmarks staff and that its condition was unknown.

Samuel and William Childs established the Childs Restaurant chain in 1889 when they opened their first restaurant on Cortlandt Street in Manhattan. The Surf Av-enue Childs Restaurant building dates to 1917 and was designed by John C. Westervelt in the Spanish Revival style. After the restaurant closed in 1943, it was occupied by the Bluebird Casino, various nightclubs, and David Rosen’s Wonderland Cir-cus Sideshow. The Childs opened a second Coney Island restaurant along the boardwalk in 1923, which Landmarks designated in 2003 as the (Former) Childs Restaurant Building. Coney Island USA currently owns the building, which is occupied by the Coney Island Museum.

At the hearing, Dick Zigun and the museum’s director testified in support of designation. The New York Landmark Conservancy’s An-drea Goldwyn suggested that land-marking the building should be a “first step” towards creating a new historic district along Surf Avenue.

At Landmarks’ January meet-ing, the commissioner’s described the importance of preserving Coney Island. Commissioner Libby Ryan noted the importance of preserving

“bits and pieces” in the area, stating that she found some of the changes in Coney Island “a little disturbing.”

LPC: Coney Island Theater, 1301 Surf Ave., Brooklyn (LP-2408) (Dec. 14, 2010); Childs Restaurant Building, 1208 Surf Ave., Brooklyn (LP-2401) (Jan. 11, 2011).

ECONOMIC DEVELOPMENT CORPORATION

RFEI

Citywide

EDC seeks developer for new science facility

Sites for applied sciences academic campus include Brooklyn Navy Yard, Roosevelt Island, Governors Island, and Staten Island . The City’s Economic Development Corpora-tion issued a request for expressions of interest from universities, applied sciences organizations, or related institutions regarding the develop-ment and operation of a new ap-plied sciences research facility and academic campus in the City. Ac-cording to EDC, the City is interest-ed in a facility specializing in applied engineering, but it could provide additional programs including en-vironmental science, mathematics, chemistry, and computer science. A facility with a biotech focus is of less interest but would still be consid-ered. The development may include non-academic uses such as faculty and student housing, restaurants

Childs Restaurant Building at 1208 Surf Avenue in Coney Island. Image: Courtesy LPC .


rors regarding fire-safety require-ments. Buildings petitioned to have Velasquez barred from the self-cer-tification program for submitting multiple incorrect self-certified ap-plications within a year.

At a hearing, Velasquez stated that many of the project’s problems

cupied by four unfinished buildings partially within the bed of an un-used mapped street.

Buildings audited the plans and determined that they violated zoning regulations. Among the ob-jections, Buildings claimed that the plans did not satisfy rear-yard

requirements and increased exist-ing non-compliance. The plans did not indicate that a mapped street went through the lot. Buildings also claimed that the plans violated the multiple dwelling law by includ-ing a water closet in the cellar of three buildings and contained er-

CITYLAND PROFILES Attorney Carol E. Rosenthal discusses development in the City

L and use attorney Carol E. Rosen-

thal is able to com-bine her appreciation of architecture, gov-ernment, and law all in a day’s work as

needed to gain approval for a project. She notes that the ability to work with and bring together multiple government agencies, pri-vate parties, the public, and special interest groups is critical for a land use attorney.

Current trends in NYC land use. Reflecting on her time at Planning, Rosen-thal believes that one major change in the City has been the increased public access to information and the opportunity to stay more informed about projects. Rosenthal also believes that an appreciation for first-class architecture has been revived under the leadership of Amanda Burden.

When asked about challenges to new development in the City, Rosenthal explains that with developable soft sites becoming scarcer with the increasing density of the City, many of the remaining sites are bur-dened with some form of legal or regulatory issue; new projects will require creativity to move forward. Rosenthal notes that as the economy has improved, developers are dusting off plans and reviewing previously granted approvals for projects. Rosenthal herself has been working with clients to modify prior discretionary approvals to better meet the context of today’s market. She is, however, concerned that the large number of downzonings and the expansion of his-toric districts—without more staff at the agencies to administer applications—could hinder new development.

Rosenthal recognizes the trend that more proposals are incorporating sustain-able design features. For example, restrictive declarations for discretionary projects may require recycled materials or energy con-servation that exceeds the City’s minimum standards. Describing this increased envi-ronmental awareness, Rosenthal says that sustainability has become a permanent part of the development vocabulary in the City.

Past projects and new developments. Rosenthal recently represented Time Equi-ties, Inc. in obtaining the entitlements for a 63-story mixed-use hotel/residential build-ing on West Street next to the Brooklyn Bat-tery Garage. That project required demap-ping over the street and tunnel approaches, a zoning text change, the purchase of air rights from the City, and special permits. Rosenthal also counseled the Whitney Museum in connection with its contract to acquire City-owned property adjacent to the High Line for the construction of a new Renzo Piano-designed museum. As part of the Fried Frank team, Rosenthal also represented Vornado Realty Trust and Merchandise Mart Properties in connec-tion with the leasing and development of a 400,000 sq.ft. exhibition center at Piers 92 and 94 on the Hudson River. The project required ULURP approvals for disposition of land, waterfront access, and special per-mits; Public Design Commission approvals; and a 99-year ground lease from the City’s Economic Development Corporation.

Currently, Rosenthal is assisting Durst Fetner Residential LLC prepare its applica-tion for a proposed 650-unit mixed-use project on 57th Street between Eleventh and Twelfth Avenues in Manhattan. Durst Fetner has enlisted architecture firm Bjarke Ingels Group to design the building. It would be the Copenhagen-based firm’s first project in the City. Rosenthal describes the proposal’s “thoughtful and invigorating” design as a marriage between a perimeter mid-block and high-rise scheme. Rosenthal and Fried Frank partner, Stephen Lefkowitz, are in dis-cussions with Planning and will be seeking certification in the latter half of 2011. They plan to present the proposal to Manhattan Community Board 4 in early February.

— Eugene Travers

a partner at Fried, Frank, Harris, Shriver & Jacobson LLP. After contemplating a major in art, Rosenthal graduated from Brandeis University with a degree in political science. She then earned her law degree from New York University School of Law and began her legal career as a clerk for the United States Court of Appeals for the Ninth Circuit. Citing a desire to work on something “concrete,” Rosenthal entered private practice as a transactional real estate attorney.

A major turning point in Rosenthal’s career occurred when she left private prac-tice to become assistant counsel to the New York City Department of City Planning. She based the decision on her longtime inter-est in government and policy, and desire to have an impact on the City’s future. One of Rosenthal’s major projects while at Planning was helping to create the City’s Inclusionary Housing Program. She recalls the uncertainty at that time about the legal issues related to zoning incentives and how closely the benefits needed to be related to the impact of a proposed project in order to withstand judicial scrutiny. Rosenthal and her colleagues structured the program to require that the developer build the afford-able housing geographically close to the development receiving the floor area bonus. This promoted the creation of heteroge-neous mixed-income neighborhoods.

Rosenthal credits her time at Planning with giving her a strong understanding of the City’s land use review process and a deeper appreciation for the consensus-building


stemmed from the unused mapped street and that he was aware of the errors when he submitted the ap-plications. According to Velasquez, he intended to apply to BSA for per-mission to build in the bed of the mapped street after he received the objections. Velasquez argued the water closets were lawful because they were supplementary to the first

floor units and blamed the fire-safe-ty issues on his secretary’s failure to file the applications under the less stringent 1968 building code.

OATH ALJ Kevin F. Casey rec-ommended that Velasquez be sus-pended from participation in the self-certification program for two years. ALJ Casey noted that in ad-dition to failing to inform Buildings

about the mapped street, Velasquez also failed to notify Buildings that the project required BSA approval. Ac-cording to the ALJ, these omissions along with the other errors demon-strated a failure to exercise a profes-sional standard of care and reflected a lack of understanding of the law.

DOB v . Velasquez, OATH Index No. 1557/10 (Nov. 24, 2010). CITYADMIN

New Decisions Added to CITYADMIN www .citylaw .org – Dec . 2010 - Jan . 2011*

CITYCOUNCIL

RES.NOS. PROJECT DESCRIPTION DATE

† 590 535 E. 11th St., MN UDAAP by HPD (2 lots) 11/30/2010

591 706 E. 9th St., MN UDAAP by HPD (1 lot) 11/30/2010

610 Loew’s Canal St. Theatre., MN Landmark designation 12/20/2010

611 39 Greenwich Ave., MN Revocable consent (sidewalk cafe) 12/20/2010

612 89 Greenwich Ave., MN Revocable consent (sidewalk cafe) 12/20/2010

613 753 Washington St., MN Revocable consent (sidewalk cafe) 12/20/2010

632 Northside Town Hall, BK UDAAP by HPD (1 lot) 1/18/2011

633–34 LowerDensityGrowthMgmt. Rezoning(28blocks);zoningtext 1/18/2011 Amend.&Rezoning,SI amend.(regulatemed.facilities)

635 Jamaica Chamber of Commerce, QN Landmark designation 1/18/2011

636 Jamaica Savings Bank, QN Landmark designation 1/18/2011

637 Queens General Ct. House, QN Landmark designation 1/18/2011

638 GraceEpiscopalMem.Hall,QN Denialoflandmarkdesignation 1/18/2011

639 Ridgewood South HD, QN Landmark district designation 1/18/2011

640 BellBlvd.Rezoning,QN Rezoning(R6B/C1-2toR6B/C2-2) 1/18/2011

641 2069 Bathgate Ave., BX UDAAP by HPD (1 lot) 1/18/2011

CITYPLANNINGCOMMISSION

PROJECTNAME DESCRIPTION LOCATION ULURPNO. DATE

LowerDensityGrowthMgmt. Zoningtextamend.(med.offices); CW; N110070ZRY; 12/1/2010TextAmend.&Comm.Corr.Rez. rezoning(28blocks) SI1,2,3 C110069ZMR

Northside Town Hall UDAAP by HPD (rehab. community fac.) BK 1 N110065HAK 12/1/2010

Jones Walk Establish parkland BK 13 N090107(A)MMK 12/13/2010

82nd Street City map amend. (street easement) QN 4 N880710(A)MMQ 12/15/2010

Ridgewood South HD Landmark district designation QN 5 N110139HKQ 12/15/2010

BellBlvd.Rezoning Rez.(elim.C1-2,est.C2-2inR6B) QN11 C0802963ZMQ 12/15/2010

GraceEpiscopalMemorialHall Landmarkdesignation QN12 N110138HKQ 12/15/2010

Jamaica Chamber of Commerce Landmark designation QN 12 N110135HKQ 12/15/2010

Jamaica Savings Bank Landmark designation QN 12 N110136HKQ 12/15/2010

Queens General Court House Landmark designation QN 12 N110137HKQ 12/15/2010

Industrial Loop Extinguish sewer easement SI 3 N100448MER 12/15/2010

KeyTermsTextAmendment Zoningtextamend.(clarifyterms,regs.) CW N110090(A)ZRY 1/5/2011

190 Grand Street Landmark designation MN 2 N110147HKM 1/5/2011

192 Grand Street Landmark designation MN 2 N110148HKM 1/5/2011

209 Hester Street Special permit (mod. use regs) MN 2 C080277ZSM 1/5/2011

Paul Rudolph Penthouse Landmark designation MN 6 N110150HKM 1/5/2011

Union Reformed Church Landmark designation BX 4 N110149HKX 1/5/2011

Putnam Greenway City map amend. (est. park) BX 8 C090196MMX 1/5/2011

AtlanticAve.BID FormBusinessImprovementDistrict BK2,6 N110117BDK 1/5/2011

Glenn Avenue City map amend. (elim. street) QN 8 C090363MMQ 1/5/2011

SoHoBID FormBusinessImprovementDistrict MN2 N110128BDM 1/26/2011

1182Broadway Specialpermit(res.useofcomm.bldg.) MN5 C080361ZSM 1/26/2011

*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.



CITYPLANNINGCOMMISSION(CONT.)

PROJECTNAME DESCRIPTION LOCATION ULURPNO. DATE

36th Street City map amend. (facilitate filming area) QN 1 C100468MMQ 1/26/2011

BOARDOFSTANDARDS&APPEALS

ADDRESS DESCRIPTION ACTION CASENO. REPRESENTATIVE

96 Greenwich St., MN Appeal DOB decision (false reports) D’missed 212-10-A NYC BSA

217 Broadway, MN Ext. of term (N.Y. Sports Club) App’d 15-99-BZ Fredrick A. Becker

13 Crosby St., MN Allow retail use below 2nd floor App’d 92-08-BZ Juan D. Reyes

53 Mercer St., MN Allow commercial use below 2nd floor App’d 89-10-BZ Francis R. Angelino

54 Thompson St., MN Allow commercial use below 2nd floor App’d 60-10-BZ Sheldon Lobel PC

39 E. 10th St., MN Construct elevator in res. bldg. App’d 92-10-BZ Sheldon Lobel PC

415 W. 23rd St., MN Ext. of term (transient parking App’d 1493-61-BZ; Bryan Cave LLP for multiple dwelling) 1495-61-BZ; 1497-61-BZ; 1499-61-BZ; 1501-61-BZ

224 W. 35th St., MN Permit phys. cult. est. (Bamboo Gdn. Spa) W/D 151-10-BZ Sheldon Lobel PC

515 Seventh Ave., MN Ext. time to obtain C of O (garage) App’d 74-49-BZ Sheldon Lobel PC

105 W. 72nd St., MN Appeal DOB decision (revoked permits) Denied 132-10-A Adam Leitman Bailey

163 W. 78th St., MN Rooftop addition for community fac. App’d 122-10-BZ Bryan Cave LLP

1975 Eastchester Rd., BX Ext. of term (transient parking) App’d 156-73-BZ Gary Maranga

3927 Mulvey Ave., BX Modify C of O (sprinkler system) App’d 124-10-A FDNY

3931 Mulvey Ave., BX Modify C of O (sprinkler system) App’d 123-10-A FDNY

3920 Merritt Ave., BX Modify C of O (sprinkler system) App’d 274-09-A FDNY

3030 Jerome Ave., BX Ext. of term (bookstore, dist. ctr.) App’d 200-24-BZ Stephen Ely

2777 Flatbush Ave., BK Ext. of term (eating & drinking est.) App’d 344-03-BZ GoldmanHarris

564 E. N.Y. Ave., BK Ext. of term (catering establishment) App’d 180-99-BZ Michael T. Cetera

5002 19th Ave., BK Permit residential ext. to synagogue App’d 104-10-BZ Moshe M. Friedman

1036 E. 24th St., BK Enlarge 1-fam. dwelling (yards, open space) App’d 103-10-BZ Fredrick A. Becker

845 Broadway, BK Allow 4-story mixed-use bldg. App’d 173-09-BZ Howard Goldman

1 Eastern Pkwy., BK Ext. of term, time to obtain C of O App’d 914-86-BZ Stuart A. Klein

249 Duffield St., BK Legalize phys. cult. est. (Planet Fitness) App’d 179-10-BZ Sheldon Lobel PC

583 Franklin Ave., BK Allow 4-story, 4-unit dwelling App’d 98-08-BZ Gerald J. Caliendo

1559 E. 29th St., BK Enlg. 1-fam. dwelling (space, yards) App’d 148-10-BZ Eric Palatnik PC

1618 Shore Blvd., BK Enlg. 1-fam. dwelling (space, fl. area) App’d 66-10-BZ Eric Palatnik PC

110-04 Atlantic Ave., QN Enlg. community facility (fl. area, ht.) App’d 305-09-BZ Davidoff Malito

26 Park End Terr., QN Reconst., enlg. 1-fam dwelling in mapped st. App’d 136-10-A Joseph A. Sherry

26-18 210th St., QN Appeal DOB permit issuance (parking) Denied 38-10-A Jack Lester

144-25 Bayside Ave., QN Construction in mapped street bed App’d 3-10-A; Akerman Senterfitt 4-10-A; 43-08-A

250-10 G.C. Pkwy., QN Permit third story to school bldg. App’d 190-10-BZ Sheldon Lobel PC

107 Beach 216th St., QN Enlg. dwelling not fronting mapped st. App’d 135-10-A Zygmunt Staszewski

25-50 F. Lewis Blvd., QN Challenge DOB demo permit req. Denied 121-10-A Rothkrug Rothkrug

12-24 149th St., QN Allow community facility use App’d 107-10-BZ Akerman Senterfitt

101-01 39th Ave., QN Const. 5-family dwelling in st. bed App’d 153-10-A Eric Palatnik PC

26-60 30th St., QN Ext. time to compl. major development App’d 115-10-BZY Nikolaos Sellas

26-58 30th St., QN Ext. time to compl. major development App’d 114-10-BZY Nikolaos Sellas

88-02 Northern Blvd., QN Ext. of term (White Castle) App’d 43-99-BZ Carl A. Sulfaro

60-93 Flushing Ave., QN Ext. of term (Gulf station) App’d 575-37-BZ Carl A. Sulfaro

130-34 Hawtree Crk. Rd., QN Develop church (yard, parking) App’d 251-09-BZ Rothkrug Rothkrug

1501 Cooper Ave., QN Residential use in manuf. district W/D 130-07-BZ– Gerald J. Caliendo 134-07-BZ

1101 Irving Ave., QN Residential use in manuf. district W/D 129-07-BZ Gerald J. Caliendo

30-8636thSt.,QN Ext.timetocompl.minordevelopment App’d 113-10-BZY RothkrugRothkrug

211-51 94th Rd., QN Ext. time to complete residential development App’d 273-03-BZII– Sheldon Lobel PC 285-03-BZII




BOARDOFSTANDARDS&APPEALS(CONT.)

ADDRESS DESCRIPTION ACTION CASENO. REPRESENTATIVE

50 Blackhorse Ct., SI Const. 1-family dwelling in App’d 137-08-A– Philip L. Rampulla mapped street bed 139-08-A

81 Archwood Ave., SI Construction in mapped street bed App’d 237-09-A; Rothkrug Rothkrug 238-09-A

LANDMARKSPRESERVATIONCOMMISSION

ADDRESS LANDMARK/HISTORICDISTRICT DESCRIPTION CASENO. APP’D ISSUED

CERTIFICATEOFAPPROPRIATENESS

476 Fifth Ave., MN New York Public Library Install lighting 11-5403 Yes 12/30/2010

1466 Broadway, MN Knickerbocker Hotel Est. master plan (infill, signage) 11-5162 Yes 12/17/2010

56 W. 66th St., MN First Battery Armory Rem., inst. infill, repl. mech. equip. 11-4418 Yes 11/23/2010

460 Greenwich St., MN Tribeca North HD Remove awning, legalize storefront 11-4465 Yes 11/24/2010

465 Greenwich St., MN Tribeca North HD Replace infill 11-5750 Yes 1/11/2011

326 Canal St., MN Tribeca East HD Inst. storefronts, cornice, signage 11-5701 Yes 1/10/2011

357 Canal St., MN SoHo-Cast Iron HD Rem. gates, inst. storefronts, awnings 11-5375 Yes 12/29/2010

454 Broome St., MN SoHo-Cast Iron HD Replace sidewalk slabs with paving 11-5528 No 1/4/2011

54 Crosby St., MN SoHo-Cast Iron HD Remove infill, install storefront 11-4164 Yes 12/2/2010

105 Mercer St., MN SoHo-Cast Iron HD Legalize stoop gate 11-5195 Yes 12/17/2010

153 Prince St., MN SoHo-Cast Iron HD Ext. Alt. facade., inst. infill, signage 11-5937 Yes 1/14/2011

155 Wooster St., MN SoHo-Cast Iron HD Install painted wall sign 11-4505 Yes 11/29/2010

53 Great Jones St., MN NoHo HD Ext. Alter parapet, inst. sign panel 11-5613 Yes 1/6/2011

† 25 Great Jones St., MN NoHo HD Ext. Install finish facades 11-4490 Yes 11/24/2010

257 Bleecker St., MN Greenwich Village HD Ext. II Replace infill, install signage 11-4761 Yes 12/21/2010

373 Sixth Ave., MN Greenwich Village HD Replace infill, inst. door, sign 11-5627 Yes 1/7/2011

48 W. 8th St., MN Greenwich Village HD Remove infill, install storefront, gates; 11-4433; Yes; 11/22/2010 repair, replace masonry 11-4478 Yes 12/22/2010

570 Hudson St., MN Greenwich Village HD Replace storefront infill 11-5547 Yes 1/5/2011

23 Perry St., MN Greenwich Village HD Leg. window, remove railing 11-4646 Yes 11/30/2010

607 Hudson St., MN Greenwich Village HD Mod. roof adds., inst. windows 11-4724 Yes 12/21/2010

75 Jane St., MN Greenwich Village HD Demo. add., const. 3-story rear add. 11-5568 Yes 1/5/2011

84 Jane St., MN Greenwich Village HD Demo rear ext., const. rear add. 11-5175 Yes 12/20/2010

130 W. 12th St., MN Greenwich Village HD Replace door, ramp, steps; 11-4619; Yes; 11/30/2010 replace windows, window assemblies 11-4620 Yes 11/30/2010

347 W. 21st St., MN Chelsea HD Const. roof, rear adds., inst. windows 11-5255 Yes 1/3/2011

225 Fifth Ave., MN Madison Sq. North HD Remove, install infill, mod. marquee 11-5501 Yes 1/4/2011

220 Twelfth Ave., MN West Chelsea HD Install window openings 11-4792 Yes 12/6/2010

205 E. 61st St., MN Treadwell Farm HD Install chair lift 11-5545 Yes 1/5/2011

21 E. 65th St., MN Upper East Side HD Install door 11-5091 Yes 12/20/2010

20 E. 67th St., MN Upper East Side HD Install bracket sign 11-5866 Yes 1/13/2011

301 Columbus Ave., MN Upper West Side/CPW HD Install 2 signs 11-1499 Yes 12/7/2010

11 W. 74th St., MN Upper West Side/CPW HD Mod. fence, inst. access lift 11-5531 Yes 1/19/2011

25 W. 75th St., MN Upper West Side/CPW HD Alt. basement entrance, areaway 11-5691 Yes 1/13/2011

17 E. 90th St., MN Carnegie Hill HD Const. rear add., alt. front entrance 11-5477 Yes 1/5/2011

22 E. 91st St., MN Carnegie Hill HD Const. rear add., alt. front entrance 11-5480 Yes 1/5/2011

223 W. 138th St., MN St. Nicholas HD Legalize fence, security grilles 11-5991 Yes 1/18/2011

192 Water St., BK DUMBO HD Const. roof add., alter openings 11-5599 Yes 1/6/2011

158 Court St., BK Cobble Hill HD Remove gate, install ramp 11-5274 Yes 12/21/2010

300 Henry St., BK Brooklyn Heights HD Create areaway 11-5395 Yes 12/30/2010

313 Hicks St., BK Brooklyn Heights HD Legalize rooftop railing 11-4560 Yes 11/23/2010

Fort Greene Park, BK Fort Greene HD Alter entrance, stairs, paths 11-4495 Yes 11/24/2010

414WaverlyAve.,BK ClintonHillHD Const.newbldg.invacantlot 11-5635 Yes 1/6/2011

22 West Dr., QN Douglaston HD Construct addition, repl. windows 11-4744 Yes 12/3/2010

223 Ridge Rd., QN Douglaston HD Construct add., mod. entrance 11-5829 Yes 1/12/2011

240-35 43rd Ave., QN Douglaston Hill HD Construct rear addition 11-5140 Yes 12/16/2010


Th

e City C

oun

cil rejected Lan

dm

arks’ decision

to design

ate the G

race E

piscop

al Ch

urch

Mem

orial Hall in

Jamaica, Q

ueen

s. See story on p

age 1. Im

age: Cou

rtesy LPC

.

CE

NT

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FO

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SER

IES 2011

Frid

ay, March

11, 2011 E

.J. McM

aho

n, T

he M

anh

attan In

stitute fo

r Po

licy Research

Speakin

g on “T

he P

ub

lic Pen

sion C

risis in N

ew York C

ity and

N

ew York State”

Breakfasts b

egin at 8:15 a.m

. at New

Yo

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Scho

ol

185 West B

road

way, 2n

d F

loo

r Even

ts Cen

ter, New

Yo

rk, New

Yo

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Th

ere is no

charge fo

r the C

ity law B

reakfast Series. Fo

r up

dates o

n

furu

tre speakers, an

d w

ebcasts o

f past sp

eakers, please visit o

ur w

ebsite

at ww

w.citylaw

.org

Th

e Cen

ter for New

York C

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New

York La

w Sch

ool185 W

est Broa

dw

ay

New

York N

Y 10013-2921

InformationonC

ITYADM

INisprovidedfreewithsupportfrom

:

Manatt, Phelps &

Phillips LLP

Speaker Christine Quinn, New York City Council

Weil, Gotshal &

Manges LLP

Gibson, Dunn & Crutcher LLP

Kramer, Levin, Naftalis &

Frankel LLP

Fried, Frank, Harris, Shriver &

Jacobson LLP

CITY

ADM

IND

ecision

s on

ww

w.citylaw

.org

AGENCY

NUMBEROF

YEARS

NAME

DECISIONSAVAILABLE

BSA 3,537

2002-Present

Council 1,084

2003-2005

CPC 1,752

2003-Present

DOB 68

1999-Present

Landmarks

2,471 2002-Present

Loft Board 2,852

1996-Present

Documents

CITYLANDarchive.citylaw.org/cityland/wp-content/uploads/sites/39/cityland/201… · Clara Fizzino 901 Manor Road, SI Rezone R3-1/C1-1 to C1-1 110170ZMR John Gulino PC SPECIAL PERMITS/OTHER