69 JUNE 15, 2007 center for new york city law VOLUME 4, NUMBER 5 CITY LAND The second project, proposed for 21 West 128th Street, would con- tain 26 rental units in a six-story building to be developed by the Phipps Houses Group. The afford- able housing plan called for eight units to be targeted to formerly homeless families and reserved for persons earning 30 percent of the median income. Phipps would also reserve the remaining 18 units for persons earning under 60 percent of the median income. When the projects reached the City Council’s Subcommittee on Planning, Dispositions & Conces- sions, Council Member Inez E. Dickens, who represents the dis- trict, immediately voiced her sup- port for both projects. Dickens emphasized that she negotiated an agreement with The Savannah’s developers to set rental limits on the community space at $35 per square foot and $40 to $50 per square foot for the commercial space. BRP also agreed to provide an additional 1,500 sq.ft. of com- mercial space to (cont’d on page 71) CITY COUNCIL UDAAP Harlem, Manhattan Two Harlem projects approved despite opposition Council member for the district supported projects. On May 30, 2007, the City Council approved two housing projects proposed for Harlem by the Department of Housing Preservation and Development despite residents’ criticisms over the affordable hous- ing components. HPD submitted a proposal by BRP Development for a 38-unit con- dominium project called The Savan- nah to be built at 2110 Frederick Douglass Boulevard. The nine-story mixed-use building would also include 5,273 sq.ft. of commercial space and 815 sq.ft. of community space. BRP proposed to reserve eight of the 38 residential units for persons with incomes at or below 80 percent of the area median income. LPC considers designating the former Domino Sugar Processing Plant in Williamsburg, Brooklyn. See story on page 79. Photo: LPC. June 15, 2007 Volume 4 CITY LAND Highlights CITY COUNCIL Harlem gets housed . . . . . . . . . . . . .69 Firehouse issue extinguished . . . .71 CITY PLANNING COMMISSION Solow's 2nd York Ave. tower . . . . .72 New Boricua College campus . . . .72 DEPARTMENT OF CITY PLANNING CEQR,ULURP fees increased . . . .74 BOARD OF STANDARDS & APPEALS Breezy Point permit revoked . . . . .74 Dumbo bldgs. conversion . . . . . . .74 Enlargement permit rejected . . . .75 Unlicensed catering site closed . . .76 LANDMARKS Townhouse makes way . . . . . . . . .76 New UWS historic district . . . . . . .77 Nassau St.’s Bogardus bldg. . . . . . .77 Third attempt for Queens bldg. . .77 1856 SI home designated . . . . . . . .78 Hearing for Domino refinery . . . .79 ECONOMIC DEVELOPMENT CORP. Jail sites for development . . . . . . . .79 Sun sets on Navy warehouse . . . . .80 COURT DECISIONS Javits plan good to go . . . . . . . . . . .80 Affordable apts. plan quashed . . .80 CITYLAND PROFILE Menschel/Weinstein . . . . . . . . . . . .81 CHARTS ULURP Pipeline . . . . . . . . . . . . . . .72 DCP Pipeline . . . . . . . . . . . . . . . . . .73 BSA Pipeline . . . . . . . . . . . . . . . . . . .75 Landmarks Pipeline . . . . . . . . . . . .77 Landmarks Actions . . . . . . . . . . . .78 Citylaw.org New Decisions . . . .82-3
Transcript
69
JUNE 15, 2007 center for new york city law VOLUME 4, NUMBER 5
CITYLAND
The second project, proposedfor 21 West 128th Street, would con-tain 26 rental units in a six-storybuilding to be developed by thePhipps Houses Group. The afford-able housing plan called for eightunits to be targeted to formerlyhomeless families and reserved forpersons earning 30 percent of themedian income. Phipps would alsoreserve the remaining 18 units forpersons earning under 60 percentof the median income.
When the projects reached theCity Council’s Subcommittee onPlanning, Dispositions & Conces-sions, Council Member Inez E.Dickens, who represents the dis-trict, immediately voiced her sup-port for both projects. Dickensemphasized that she negotiated anagreement with The Savannah’sdevelopers to set rental limits onthe community space at $35 persquare foot and $40 to $50 persquare foot for the commercialspace. BRP also agreed to providean additional 1,500 sq.ft. of com-mercial space to (cont’d on page 71)
CITY COUNCIL
UDAAP
Harlem, Manhattan
Two Harlem projectsapproved despite opposition
Council member for the district supported projects. On May 30,2007, the City Council approvedtwo housing projects proposed for Harlem by the Department of Housing Preservation and Development despite residents’criticisms over the affordable hous-ing components.
HPD submitted a proposal byBRP Development for a 38-unit con-dominium project called The Savan-nah to be built at 2110 FrederickDouglass Boulevard. The nine-storymixed-use building would alsoinclude 5,273 sq.ft. of commercialspace and 815 sq.ft. of communityspace. BRP proposed to reserveeight of the 38 residential units forpersons with incomes at or below 80percent of the area median income.
LPC considers designating the former Domino Sugar Processing Plant in Williamsburg, Brooklyn. Seestory on page 79. Photo: LPC.
Stanley S. Shuman,ChairArthur N. Abbey ’59Sheila Aresty ’94Harold Baer, Jr.David R. BakerAnthony ColesEdward N. CostikyanPaul A. CrottyRichard J. DavisMichael B. GerrardJudah GribetzKathleen Grimm ’80
Eric Hatzimemos ’92Michael D. HessLawrence S. Huntington ’64William F. Kuntz IIEric LaneRandy M. Mastro Richard MatasarRobert J. McGuireFrancis McArdleJohn D. McMahon ’76Thomas L. McMahon ’83Gary P. Naftalis
Steven M. PolanNorman RedlichJoseph B. RoseErnst H. Rosenberger ’58Rose Luttan RubinFrederick P. SchafferFrederick A.O. Schwarz, Jr.O. Peter SherwoodEdward WallaceRichard M. WeinbergPeter L. ZimrothJames D. Zirin
Mayor Bloomberg’s Transportation Plan Gets It Right
In April 2007 New York City released two reports of importance. Mayor Michael R. Bloomberg released hisPlaNYC which looked forward 30 years into the future to envision how the City’s transportation system can be madeto meet the City’s long term needs. In the same month City DOT, without media attention, released its Annual Con-dition Report on the City’s bridges and tunnels which looked backward 20 years into the past to review how well theCity had cared for its transportation structures. The two reports tell a story of generational responsibility. MayorBloomberg’s PlaNYC lays out what future administrations must do to deliver a robust transportation system forfuture New Yorkers, while the Bridge Report details how past mayors preserved the City’s bridges and tunnels.
The media mostly focused on the Mayor’s proposal of congestion pricing for vehicles entering Manhattansouth of 86th Street during certain hours. This proposal deserves support as it rests on three conceptual underpin-nings: the Mayor’s plan is system-wide, the time period projected for its accomplishment is realistic, and localfunding sources must play a growing role.
Transportation planning in the region has perennially suffered from short-sighted perspectives: mapsstopped at the Hudson River, the Queens and Bronx borders, and at agency bureaucratic boundaries. MayorBloomberg’s plan breaks past these artificial barriers and looks to improvements in Cross-Hudson, suburban andin-City transportation systems, all as a package. For example, a third track on the LIRR main line and the Accessto the Region’s Core (ARC) Tunnel from New Jersey are given the same prominence in the capacity section as isgiven to the Second Avenue Subway.
Mayor Bloomberg is also correct in establishing a 30-year perspective. DOT’s Bridge Report makes abundantlyclear that sustaining the City’s infrastructure requires planning in decades, a rigorous adherence to maintenanceschedules, and an institution that nurtures engineers and managers.
And it all costs money, increasingly from locally raised funds. Congestion pricing will produce a new, consistentflow of funds that will support improvements in travel for all New Yorkers. The support already garnered by MayorBloomberg’s proposal demonstrates that the public gets it. The Mayor has offered a sound, comprehensive trans-portation plan in which congestion pricing is an acceptable, even inevitable, element.
Ross Sandler
Ross SandlerExecutive Editor and Director,Center for New York City Law
POSTMASTER: Send address changes to CITYLAND, 57 Worth Street, New York, New York10013-2960. Periodicals postage paid at New York,New York.
CITYLAND ADVISORY BOARD
Kent Barwick Andrew BermanAlbert K. Butzel
Howard GoldmanDavid KarnovskyRoss Moskowitz ’84Frank Munger
Carol E. RosenthalMichael T. SillermanPaul D. Selver
71
benefit local community-basedbusinesses at its Strivers Westdevelopment, located at 2601 Frederick Douglass Boulevard.
Two Harlem residents testifiedin opposition to the proposals. KaySamuels from the Harlem PlatformCommittee opposed The Savan-nah, arguing that, as a condo proj-ect for middle-income residents, itfailed to alleviate Harlem residents’affordable housing needs. Samuelssaid that Harlem “has a glut ofcondo development,” which localresidents could not afford. By con-tinuing this trend, HPD was push-ing “Harlemites out of Harlem.”Since only eight of the 38 unitswould be subject to income restric-tions, and the limit would expireafter 15 years, Samuels said theproject failed to provide permanenthousing solutions.
Harlem resident JuliusTegerdine, although supportive ofthe goals of the West 128th StreetApartments to serve formerlyhomeless families, said that “thenumbers simply don’t add up.”Tegerdine pointed out that 15 of the 26 units would be one-bed-room and studio apartments, and only one of the units offered at 30 percent of the median income would be a three-bedroom.Tegerdine argued that the smallunits would be ineffective in tack-ling the project’s family housinggoals.
Council Member Dickensresponded by saying, “You canplease some of the people, some ofthe time, but you can’t please allpeople all of the time.” Dickensreemphasized that The Savannah,unlike other affordable housingprojects, would provide neededspace for Harlem businesses andthe West 128th Street project metthe needs of very low-income per-sons. She voiced her continued sup-port for both projects, and recom-mended that both be approved.
The subcommittee approvedboth proposals, passing them ontothe full Council, which voted 47-0-5in favor of both projects.
West 128th Street ApartmentsLead Agency: HPD, no reviewComm. Bd: MN 10, App’d, 28-2-1Boro. Pres: App’dCPC: App’d, 13-0-0
Council: The Savannah (May 30, 2007);Council: West 128th Street Apartments(May 30, 2007).
CITY COUNCIL
Disposition of City Property
Manhattan/Brooklyn/Queens
Council adds restrictions tosale of four firehouses
New users limited to communityservices. On May 30, 2007, the CityCouncil approved DCAS’ plan todispose of four FDNY firehousesthat the City closed for budgetaryreasons in 2003 and 2004. DCASoriginally proposed to sell the fourfirehouses at public auction with norestrictions. This resulted in opposi-tion by local community boards andBorough Presidents Scott Stringerand Marty Markowitz. Prior to thePlanning Commission’s hearing, theMayor’s office proposed the forma-tion of community steering com-mittees to determine the best use foreach firehouse. The Planning Com-mission thereafter approved theDCAS plan without modifications,in deference to the steering commit-tees’ future determinations. 4 City-Land 55 (May 15, 2007).
At the hearing before the CityCouncil’s Subcommittee on Plan-ning, Dispositions & Concessions,its chair, Council Member DanielGarodnick, opened the hearing byexplaining that the subcommitteewould add restrictions to eachapplication. With the firehouses at120 East 125th Street in Manhattan,58-03 Rockaway Beach Boulevardin Queens, and Brooklyn’s 136Wythe Street, the Council wouldlimit the sale to a community serv-
June 15, 2007 Volume 4 CITYLAND
DeGraw Street firehouse in Brooklyn will beleased. Photo: Conor Laffan.
ice provider. With Brooklyn’s 299DeGraw Street, the Council wouldprohibit its sale, limiting DCAS to a ten-year lease to a communityservice provider, with two five-yearoptions to renew.
Patrick Wehle of the Mayor’sOffice for Legislative Affairs updat-ed the subcommittee on theprogress of the steering commit-tees, explaining that each commit-tee met several times over the pastfew months and RFPs for three fire-houses would be released in thesummer or fall of 2007.
Council Member JamesSanders, Jr., whose district encom-passes the 58-03 Rockaway BeachBoulevard firehouse, added that thecommunity wanted a vocationalschool to meet the needs of themore than 30 percent of his con-stituents who receive public assis-tance. Several Brooklyn residentstestified in support of the leasingrestriction for DeGraw Street,stressing that the City must retain ahold on the property to ensure thatit best serves the community.
Lieutenant Stephen Carbone,Vice President of the UniformedFire Officers Association, testified inopposition to the sale of any fire-house. While the properties’ use bycommunity services was a “com-mon sense alternative,” slowerresponse times and an increasedworkload for the fire departmentindicated a need for more firehous-es. According to Carbone, the Cityshould lease all the buildings until a
72
ULURP PIPELINE
New Applications Certified into ULURPPROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED
95 W. 95th St. Garage Special permit (100-space garage) MN 7 070381ZSM 5/7/2007
Cook St. Block 3113 UDAAP; Spec. permit (94-space BK 1 070432ZMK; 5/7/2007garage); Amend zoning map 070433HAK;
070434ZSK
Bed-Stuy South Rezon. Amend zoning map (206 blocks); BK 3 070447ZMK; 5/7/2007Zoning text amendment 070448ZRY
130 Court Street Special permit for res. development BK 6 070156ZSK 5/7/2007
45 Summit Street Zoning map amendment (M1-1 to R6) BK 6 060477ZMK 5/7/2007
400 Fifth Avenue Zoning text amendment; Special MN 5 N070468ZRM; 5/21/2007permits (mixed-use bldg.) 070469ZSM;
Bay Ridge Development Zoning map amendment; Special BK 10 060353ZMK; 5/21/2007permit (dev. in right-of-way) 060354ZSK
HRA/ACS Warehouse Acquisition of property BK 18 070337PCK 5/21/2007
St. Albans Rezoning Zoning map amendment QN 12 070472ZMQ 5/21/2007
120th Precinct Station Special permit (station, parking) SI 11 070382ZSR 5/21/2007
Phase 3 S. Richmond Acquisition of property SI 13 070058PCR 5/21/2007
On a portion of Solow’s 62,861-square-foot development site, thecurrent zoning prohibits residentialuses. Under the proposal, the wholesite would be rezoned to permit res-idential uses and to increase thepermitted floor area. Linked withthis request, Solow submitted appli-cations to allow a 195-space publicparking garage within the develop-ment and a new curb cut along East61st Street.
The new 37-story tower wouldcontain 255,611 sq.ft. of residentialspace and 2,500 sq.ft. of retail space,as well as the below-grade parkinggarage. The project’s floor areawould be increased above the per-mitted floor area limit by use of the
inclusionary housing bonus.As submitted, Solow woulddevelop the low-income hous-ing units off-site. The applica-tions do not state the locationof the affordable housing orthe number of units.
Solow’s project includesstreetscape improvements,such as benches, a 16-footlong stepped water featureand a steel and frosted glasslight sculpture that Solowargued would achieve thegoals of Manhattan Commu-nity Board 8’s 197-a plan,
which calls for an enhanced publicopen space adjacent to the Queens-boro Bridge. 3 CityLand 105 (Aug.15, 2006).
Solow’s proposal now goes toCommunity Board 8 for its review.The board anticipates holding apublic hearing on July 11, 2007.
East Building Development, Applica-tion Nos. M 860117E ZMM; 000198ZMM (zoning map changes); 070441ZSM (special permit, 195-spacegarage); 070442 ZCM (certification,curb-cut) (May 27, 2007) (Samuel H.Lindenbaum, for Solow).
CITY PLANNING COMMISSION
Urban Renewal Plan/Rezoning
Melrose, Bronx
HPD proposes large complexfor South Bronx
Plan for seven buildings includesBoricua College campus, 679 resi-dential units and over 36,000 sq.ft. ofretail. The Department of HousingPreservation and Development pro-posed to amend the Melrose Com-mons Urban Renewal Area Plan inthe Bronx to facilitate a large, sevenbuilding, mixed-use, residential andcommercial complex called BoricuaVillage to be constructed on a 4.2-
Proposed site plan for mixed-use tower on YorkAvenue. Image courtesy of Costas Kondylis & Partners LLP.
Volume 4 CITYLAND June 15, 2007
future administration recognizesthe need for additional firehousesand re-opens each location.
With the modifications, thesubcommittee voted unanimouslyto approve. The full Council votedby 46-1-5 to approve with onlyCouncil Member Tony Avellaopposed.
Council: 120 East 125th Street – FormerFirehouse (May 30, 2007); Council: 299DeGraw Street – Former Firehouse (May30, 2007); Council: 136 Wythe Avenue –Former Firehouse (May 30, 2007); Coun-cil: 58-03 Rockaway Beach Boulevard –Former Firehouse (May 30, 2007).
CITY PLANNING COMMISSION
Certification
Lenox Hill, Manhattan
Solow’s 37-story East Sidetower starts public review
Tower site located on York Avenuejust north of Queensboro Bridge. OnMay 27, 2007, Solow Management’sapplication to construct a new 37-story mixed-use tower on YorkAvenue between East 60th and East61st Streets started the City’s landuse review process when the Plan-ning Commission certified theapplications as complete. As pro-posed, the 211-unit residentialtower would sit adjacent to a 41-story as-of-right development builtby Solow in 2002. The buildingswould share a one-story lobby andwould have the same size footprint.
73
acre lot in the northeast corner ofMelrose Commons.
HPD’s plan called for 18changes to the existing MelroseCommons Urban Renewal Plan,which the City adopted in 1994 toencourage development in a 34-block area of the Bronx, roughlystretching from East 163rd Street toEast 156th Street between St. Ann’sand Third Avenues to Melrose andCourtlandt Avenues. The amend-ments included changes in land usedesignations and the elimination ofheight limits, lot coverage require-ments, street wall coverage provi-sions, and curb cut restrictions.HPD’s proposal also called for therezoning of the entire 4.2-acre site toR8 with a C2-4 overlay to allow ahigher residential floor area, and thedisposition of 42 City-owned lots.
Ultimately, the amendmentsenvisioned a new seven-buildingcomplex anchored around a120,000 sq.ft., 14-story building forBoricua College, which has out-grown its current Bronx campus.The new building would includeclassrooms for 2,000 students, atheater, offices, and a museum. Sixadditional buildings containing 679residential units, 36,511 sq.ft. ofground floor retail, and 174 below-grade parking spaces would sur-round the campus. The residentialand retail space would be located intwo groups directly east of the col-lege. The northern group wouldconsist of four buildings, nine to 13stories in height, containing 25,987sq.ft. of ground floor retail and 434apartments. The southern groupwould contain three contiguousbuildings containing 12,824 sq.ft. ofground floor retail, 245 apartments,and 6,472 sq.ft. of private openspace. The plan proposed over65,000 sq.ft. of open space, includ-ing a large, 37,803-square-foot pub-lic plaza with landscaping, trees,seating areas, and an amphitheaterwith raised grassy seating areas.
The application also incorpo-rates changes to facilitate otherdevelopments, including the Court-landt Corners North and South, an
CITY PLANNING PIPELINE
New Applications Filed with DCP — May 1 – May 31, 2007APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE
DEP/DCAS 157-41 Cross Bay, QN Cert. (for air compressor station) 070491ZCQ DEP/DCAS
LPC 190 Meisner Ave., SI Landmark (Wyeth House) 070489HKR LPC
Park Lane at Seaview 460 Brielle Ave., SI Auth. to mod. height, setback, & topo. 070477ZAR; Fried, Frankto convert 2 bldgs. to senior housing 070478ZAR
June 15, 2007 Volume 4 CITYLAND
affordable housing project by thePhipps Houses Group. As planned,it would contain up to 474 residen-tial units and 28,000 sq.ft. of retailspace to be located in the northwestportion of the urban renewal area.
HPD’s proposal wouldrequire demolition of the BronxMunicipal Court – Second DistrictBuilding. Although not a designat-ed City landmark, Landmarksdetermined that the buildingmeets eligibility requirements forCity designation. This prompted afinding in the project’s environ-mental study that the demolitionwould be an unavoidable adverseimpact. The City required thatHPD complete a detailed histori-
cal analysis of the building beforeits demolition.
There was little opposition tothe project with the communityboards voting overwhelmingly insupport. Bronx Borough PresidentAdolfo Carrión, Jr. also supportedthe project, but advocated placingconditions that included morehomeownership opportunities,additional public transportation,green building construction, andrelocation programs for affectedlocal businesses.
The Planning Commissionapproved all of the applicationswithout modification on May 9,2007 and the City Council’s Zoningand Franchises Subcommittee
New fees to take effect in June 2007.City Planning’s fee increase for pri-vate applications made pursuant tothe City Environmental QualityReview process and the City’s landuse review procedure, ULURP, willtake effect on June 29, 2007. Underthe new rule, CEQR fees will typical-ly rise 15 percent, and ULURP feeswill go up by 40 percent in mostcases. 4 CityLand 40 (April 15, 2007).The CEQR fee increase will alsoapply to BSA applications.
No one opposed the feeincrease at the Planning Commis-sion’s public hearing on April 25,2007. Over the comment period,Planning received one written com-ment from the Real Estate Board ofNew York, which suggested that theincreased fees be used to hire addi-tional staff for the environmentalassessment division. REBNY’s letteraddressed the high cost of doingbusiness in New York and recom-
mended that City Planning contin-ue to increase efficiency and cus-tomer service. The letter appearedto object specifically to the feeincrease for Type II actions, sincethey do not require further CEQRreview, and reiterated its suggestionthat the City expand its list ofexempt projects.
More detailed information isavailable at: http://www.nyc.gov/ html/dcp/html/luproc/ulurpfee.shtml.
City Record, May 29, 2007, at 1960.
BOARD OF STANDARDS & APPEALS
Appeal
Breezy Point, Queens
Status of Breezy Point lotsremains unsettled
DOB revokes Breezy Point resident’sbuilding permit, thereby eliminatingBSA appeal.On May 15, 2007, BSA dis-missed a contentious case involvingthe construction of a new year-roundhome in Breezy Point, Queens, follow-ing the Department of Buildings’ rev-ocation of the original permit.
In 2006, Thomas Carroll, aBreezy Point resident for over 50years, received a permit to con-struct a new year-round home toreplace his deteriorated bungalow.Carroll’s neighbor, Supreme CourtJudge James Golia, succeeded indelaying construction several timesby complaining to Buildings,obtaining a restraining order andfinally filing an appeal to BSA alleg-ing, among other things, that thesize of the house violated zoningrestrictions for rear and front yards,distance between buildings andparking requirements. Golia’sappeal centered on a claim thatCarroll’s plot could not qualify as aseparate zoning lot since Carroll didnot own it “separately and individu-ally” as required by the zoning reso-lution. Since the Breezy Point Coop-erative owns all the plots in Breezy,BSA’s final decision could haveimpacted all plots and future build-ing permit applications in the FarRockaway community.
Following a hearing, but beforeBSA ruled, Buildings revoked Car-roll’s permit, finding that it did notcomply with front yard require-ments and asking Carroll to submitnew building plans.
As a consequence, BSA informedGolia that it planned to dismiss hisappeal. Golia opposed, arguing thatthe revocation only dealt with thefront yard issue, that other issuesremained and dismissal by BSAwould deny him his property rights.
BSA denied Golia’s request,dismissing the case. BSA noted thatGolia obtained his remedy with thefull revocation of the permit andany further review by it would bespeculative since Carroll needed tofile new building plans.
CITYLAND Comment: With thedismissal, BSA avoided a final deci-sion on whether DOB should treateach Breezy plot as a separate zon-ing lot. Construction of Carroll’shome is complete, but he remainsunable to occupy the building.Compliance with the front yardrequirements would require Carrollto reduce and reconstruct a portionof his home.
On May 25th, Carroll filed an appealwith BSA of Buildings’ revocation ofhis original permit.
BOARD OF STANDARDS & APPEALS
Variance
Dumbo, Brooklyn
Historic Dumbo buildings tobecome residential
Plan calls for partial demolition andconversion of three buildings intoresidential units. Ironworks LLCproposed to convert three vacantbuildings located along Old FultonStreet in Dumbo into residentialunits. Built in the early 1800s, theadjacent four-story brick buildingssit within the Fulton Ferry HistoricDistrict, less than 75 feet from theBrooklyn Bridge. Due to their man-
Volume 4 CITYLAND June 15, 2007
75
ufacturing zoning, conversion toresidential use triggered the needfor a variance from BSA.
Ironworks’ plan called for thedemolition of the rear of all threebuildings above the first story, theinternal connection of the build-ings, and the addition of a fifthstory. The final project would con-tain 15 dwelling units in one 22,948-square-foot structure with 5,237sq.ft. of commercial and retail spacein the cellar and ground floors.
At BSA, Ironworks argued that
the lots’ small sizes, their odddepths, which ranged from 60 to106 feet, and the existing buildings’configurations made manufactur-ing uses infeasible. Ironworks sub-mitted evidence showing that thebuildings originally contained retailand residential uses. Although laterowners used the buildings for stor-age, a permitted use in a manufac-turing district, Ironworks arguedthat the buildings could not accom-modate modern loading docksneeded for freight delivery.
BSA granted the variance,agreeing that the buildings createda hardship. BSA determined thatthe size of the final building and thenumber of additional dwelling unitswould not alter the character ofDumbo, noting that Old FultonStreet contained several buildingswhich have remained residentialsince their construction in the early1800s.
BSA: 11-15 Old Fulton Street (136-06-BZ) (May 8, 2007). CITYADMIN
BOARD OF STANDARDS & APPEALS
Special Permit
Manhattan Beach, Brooklyn
BSA rejects special permit fordemolished building
Owner’s application to Buildingsfailed to disclose actual conditions orintentions with respect to demolition.Alexis Lyublinskiy hoped to enlargehis one-story home at 136 NorfolkStreet in Manhattan Beach. After hisarchitect self-certified permits, dem-olition and construction work beganthat did not match the permits.Lyublinskiy eventually demolishedthree walls and constructed a two-story home that violated zoningrestrictions on floor area, wall heightand yard limitations.
The Department of Buildingsthen issued a stop-work order andnotified Lyublinskiy that it plannedto revoke the permit. Instead, Build-ings issued a letter to Lyublinskiycategorizing the work as an“enlargement” rather than newconstruction; this allowed him toapply to BSA for a special permit tolegalize the work.
BSA PIPELINE
New Applications Filed with BSA — April 30 – June 1, 2007
Breezy Pt. Co-op 19 Janet Ln., QN Enlarge home not on mapped st. 137-07-A Gary Lenhart, R.A.
Charles Macena 129-48 Hookcreek, QN Build in bed of mapped st. 141-07-A Hakime Altine
Tom Davis 198-24 7th Ave., QN Const. 4, 2-family dwellings 105-07-A- Paul F. Bonfilio108-07-A
Frank Maisano 334 Ramona Ave., SI Const. 2, 1-family dwellings 115-07-A; Rampulla Associates116-07-A
June 15, 2007 Volume 4 CITYLAND
CITYLAND Correction: In theBSA Pipeline chart in the May2007 issue of CityLand, the proj-ect address given for an appealfiled by Burgher Ave. PropertyManagement, LLC, was incor-rect. The correct address is 32Adele Street in Staten Island.
76
ings’ decision, which determinedthat the use was not accessory tothe school or synagogue. BSAdenied both, finding that the cater-ing hall, which operated seven daysa week, hosted events for up to 500people and advertised in localpapers, could not be consideredaccessory, and Yeshiva failed to justify the variance request. 4 City-Land 6 (Feb. 15, 2007).
When the C of O issue returnedto BSA, Yeshiva’s attorney StuartKlein argued that the catering usewas a permitted non-conforminguse because it replaced a non-con-forming auto repair shop.
Buildings’ attorney AngelinaMartinez-Rubio countered thattelephone records showed no busi-ness at the site from at least 1992until 1997, and that a 1995 buildinginspection uncovered contractorsexcavating the site without a per-mit, proving no auto shop remained.Once an owner stops operating anon-conforming use for a continousperiod of two years, DOB considersthe use abandoned and only allowspermitted uses to occupy the site.
Yeshiva responded that whenit originally filed in 1991 for a build-ing permit for the school, it protect-ed the non-conforming commercialstatus, and that Buildings purposelydelayed the revocation of the C of Ountil it was too late to uncoverrecords on the auto repair use. Dueto this, it would be unfair for BSA torevoke the C of O.
BSA denied each of Yeshiva’sclaims. BSA pointed out that Yeshi-va’s 1991 permit application did notseek to continue the auto repairshop but sought to authorize aschool. BSA also explained that thezoning text prohibits structural alter-ations to a non-conforming useexcept when made to accommodatea permitted use. Finally, BSA deniedany equitable arguments, explainingthat it lacked a court’s power to grantequitable relief. BSA ordered that theC of O remove any listing of thecatering use.
BSA: 1824 53rd Street (54-05-A) (April
At BSA, Lyublinskiy claimedthat his contractor found water andtermite damage requiring demoli-tion of the walls. When questionedby BSA, the contractor admittedthat the discovery occurred beforefiling for permits, and that the finalpermits did not reflect the intendeddemolition.
BSA denied Lyublinskiy’sapplication, ruling that BSA deter-mines whether work qualifies as anenlargement or new constructionregardless of Buildings’ categoriza-tion. BSA ruled that under the zon-ing text a special permit could notbe used where a building wasdemolished to a point that only onewall remained. BSA added thatLyublinskiy had not even integratedthe wall into the home but insteadused it to support a new wall.
BSA: 136 Norfolk Street (111-06-BZ)(April 24, 2007). CITYADMIN
BOARD OF STANDARDS & APPEALS
Appeal
Boro Park, Brooklyn
Yeshiva ordered to closecatering business
DOB wins appeal modifying C of Oissued in error. Yeshiva Imrei ChaimViznitz, located on 53rd Street inBoro Park, Brooklyn, operated acatering hall out of the basement ofits three-story building containingits school and synagogue. TheDepartment of Buildings applied toBSA to revoke the building’s 1999certificate of occupancy. Buildingsclaimed that the certificate listed thecatering use in error since the usewas prohibited by the site’s residen-tial zoning and was not a permittednon-conforming use. Buildings laterrequested that the C of O be amend-ed to strike the catering use.
Yeshiva sued, winning aninjunction to stop BSA from issuinga decision on the C of O until it hadapplied for a variance. It then filed avariance and an appeal to a Build-
LPC approves this glass facade condo for ahistoric district along Fifth Avenue. Image courtesy of Beyer Binder Belle.
Volume 4 CITYLAND June 15, 2007
24, 2007) (Stuart A. Klein, for Yeshiva;Angelina Martinez-Rubio, for DOB).CITYADMIN
LANDMARKS PRESERVATIONCOMMISSION
Certificate of Appropriateness
Midtown, Manhattan
Landmarks approves 20-storycondo for Midtown district
Construction will require the demo-lition of a non-contributing town-house. On May 15, 2007, Landmarksapproved an application by devel-oper Brandolini Companies todemolish an existing building andconstruct a new residential condo-minium at 224 Fifth Avenue in theMadison Square North Historic Dis-trict. The approved 20-story build-ing, designed by architectural firmBeyer Blinder Belle, features a glass-clad facade with angled windows.Landmarks described the buildingto be demolished, a mid-19th cen-tury house later adapted for com-mercial use and altered again in1981, as “non-contributing” in theoriginal district designation report.
The Historic Districts Councilopposed the project’s height and
77
and a mansion for F.W. Woolworth.The district encompasses an arrayof architectural styles, includ-ing Gothic, Queen Anne andRomanesque.
In voting to approve, Commis-sioner Margery Perlmutter remarkedon the consistency of the buildings’designs, calling it “unusual for theUpper West Side” and saying itsstreets feel more like Brooklyn’s.
With the vote to approve, thedistrict became the City’s 87th his-toric district.
Early cast-iron structure attributedto pioneer of the technique. At a voteattended by preservation advocateMargot Gayle, Landmarks unani-mously designated 63 Nassau
Street, an 1844 cast-ironbuilding in lower Manhat-tan attributed to cast-ironpioneer James Bogardus,who was among the first touse cast iron in buildingfacades.
Renovations to 63Nassau Street hadstripped several detailsfrom the building, leavinga question as to Bogar-dus’s involvement andprompting the current
owner’s claim at Landmarks’ pub-lic hearing that the building was a“knock off” of Bogardus’s tech-niques and not his original work. 3CityLand 171 (Dec. 15, 2006).
Opening the vote, LandmarksChair Robert Tierney explained thatthe only way to decide the issue wasto go to “the definitive source,”referring to Margot Gayle, who co-authored a monograph on Bogar-dus and is well known for her piv-otal advocacy on behalf of preserv-ing SoHo’s cast-iron buildings. WithGayle’s assistance, Landmarks’ staffconcluded that Bogardus designedthe building, making it one of onlyfive remaining Bogardus buildingsin the country and the only one inNew York City to contain a medal-lion of Benjamin Franklin, a signa-ture aspect of Bogardus buildings.
Landmarks voted unanimous-ly to approve, thanking Gayle andnoting that she had just celebratedher 99th birthday.
LPC: 63 Nassau Street Building, 63 Nas-sau Street (LP-2213) (May 15, 2007).
LANDMARKS PRESERVATIONCOMMISSION
Designation Hearing
Jamaica, Queens
Landmarks makes third tryat Queens designation
Jamaica Savings Bank had beendenied landmark status in 1974 and1992. On May 15, 2007, Landmarksheld a public hearing on theJamaica Savings Bank, an 1898Beaux-Arts style building promi-nently located on Jamaica Avenue
shape, arguing that the “glass sliver”in a historic district would set a dan-gerous precedent for other non-contributory townhouses in the dis-trict, but also praised the design,calling it a “handsome, well-thought-out project.”
Landmarks made no signifi-cant aesthetic changes to the pro-posal between the original March6th hearing and the May 15th vote,asking only that an ornamentalmetal spike no longer reach all theway to the base of the building, andthat a masonry band at the build-ing’s base be made thicker.
Manhattan Avenue historic districtto encompass 40 buildings. Land-marks unanimously designated theManhattan Avenue Historic Dis-trict, a 40-building district thatencompasses several sets of rowhouses built between 1886 and 1889on West 105th and West 106thStreets and Manhattan Avenue.Included among the buildings arerow houses designed by CharlesPierrepont Gilbert, who is alsonoted for designs of 20 houses with-in the Park Slope Historic District
LANDMARKS PIPELINE
Proposed Designations – May 2007NAME ADDRESS ACTION DATE
63 Nassau St. Bldg. 63 Nassau St., MN Designated 5/15/2007
Morris Sanders Bldg. 219 E. 49th St., MN Calendared 5/15/2007
Manhattan Ave. HD Manhattan Ave., MN Designated 5/15/2007
Jamaica Savings Bank 161-02 Jamaica Ave., QN Heard 5/15/2007
Wyeth House 190 Meisner Ave., SI Designated 5/15/2007
Domino Sugar Plant 293 Kent Ave., BK Calendared 5/22/2007
Final Manhattan Avenue Historic District.Image: LPC.
W. 106 St
CE
NT
RA
L P
AR
K
W. 105 St
W. 104 St
Man
hatt
an A
v
Cen
tral
Par
k W
est
44 34
1951
51
101
137
120
140
June 15, 2007 Volume 4 CITYLAND
78
Landmarks Actions Taken In May 2007FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS
ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE NO. APP’D
May 8, 2007
Central Park, MN Central Park Zoo Const. bldg., pavilions, paths 07-5921 Yes
250 W. 77th St., MN Hotel Belleclaire Create entrance 07-4221 W/Mod
Prospect Park, BK Prospect Park Zoo Const. bldg., pavilion, paths 07-5924 Yes
136 Clinton Ave., BK Lefferts Laidlaw House Remove fence, relocate driveway 07-0090 Yes
383 Broadway, MN Tribeca East HD Install storefront 07-6489 Yes
114 Greene St., MN SoHo-Cast Iron HD Const. rooftop addition 07-1830 Yes
599 Broadway, MN SoHo-Cast Iron HD Install windows 07-1038 Yes
152 W. 11th St., MN Greenwich Village HD Const. rear yard addition 07-6286 Yes
17 W. 32nd St., MN Aberdeen Hotel Legalize signage 07-6023 W/D
254 Front St., MN South St. Seaport HD Construct 6-story building 07-7374 Yes
31 W. 11th St., MN Greenwich Village HD Construct rooftop addition 07-5619 Yes
870 Fifth Ave., MN Upper East Side HD Alter window openings 07-6282 Yes
155 W. 76th St., MN Upper West Side/CPW HD Alter front areaway 07-7129 Yes
31 W. 82nd St., MN Upper West Side/CPW HD Alter window opening 07-5732 Yes
1133 Fifth Ave., MN Carnegie Hill HD Create window opening 07-6423 Yes
617 W. 155th St., MN Audubon Terrace HD Construct connecting addition 07-6651 Yes
429 E. 139th St., BX Mott Haven HD Legalize access ramp 07-2643 W/Mod
338 President St., BK Carroll Gardens HD Construct rear, roof adds. 06-7560 Yes
near 161st Street in Queens. Land-marks designated the buildingtwice in the past, but the Board ofEstimate overturned the 1974 voteand the City Council denied Land-marks’ second attempt in 1992. Theowner of the building opposed des-ignation both times and the com-munity split over its merits, withsome calling the abandoned build-ing an eyesore.
Designed by Hough & Deuell,
the four-story limestone facade fea-tures a carved stone beehive, a tra-ditional symbol of industry, thriftand prosperity found on many bankbuildings.
Support for the designationcame from Queens CommunityBoard 12 Chair Gloria Black, whoexplained that the area sufferedfrom urban decay and now, withCity Planning’s proposal to rezone368 blocks of the district, she finally
Volume 4 CITYLAND June 15, 2007
envisions new possibilities for herneighborhood. A representative ofthe Jamaica Center BID testified,saying that the BID traditionallyremains neutral on land use appli-cations, but, with this proposeddesignation, its members believedit should speak out in support of thebuilding’s preservation. SeveralQueens preservation groups alsotestified in support. Ed Kirkland ofthe Historic Districts Councilremained “cautiously happy” abouta third attempt, adding that hefeared this could be a “third strikeand out.”
Landmarks closed the publichearing without a full discussion ofits commissioners.
LPC: Jamaica Savings Bank, 161-02Jamaica Avenue (LP-2109) (May 15,2007).
CITYLAND Comment: Landmarkshas not yet contacted the currentowner of the Jamaica Savings Bank.
The Planning Commission held itspublic hearing on the Jamaicarezoning plan on May 23, 2007. Avote is expected in June.
LANDMARKS PRESERVATIONCOMMISSION
Designation
Lighthouse Hill, Staten Island
Landmarks designates 1856Staten Island home
Home of former Assemblyman andopera singer designated. Landmarksdesignated the brick and stone Ital-ianate villa located at 190 MeisnerAvenue in Lighthouse Hill, StatenIsland as both architecturally andhistorically significant on May 15,2007. Built in 1856 for Nathaniel J.Wyeth, a prominent lawyer andAssemblyman, the home retains itsoctagonal cupola, molded caps andtwo chimneys. In 1925, opera starGraham Marr purchased the house,living there with landscape archi-tect Norman Robert Morrison. Marrand Morrison rebuilt the captain’swalk around the cupola.
79
1884. Landmarks’ research depart-ment pointed to John van VoorstBooraem, the company’s chief engi-neer, as the plant’s probable archi-tect. The Domino plant remains thelargest surviving structure fromBrooklyn’s sugar processing indus-try, once a major business with NewYork as the nation’s largest producer.
Domino ceased sugar produc-tion at the site in the 1970s and thethree buildings remained vacant.The company later closed down thelocation in 2004. Recently, the Com-munity Preservation Corporationpurchased the buildings andintends to convert the plant to resi-dential use.
LPC: Former Domino Sugar ProcessingPlant, 293 Kent Avenue (LP-2267) (May22, 2007).
ECONOMIC DEVELOPMENT CORPORATION
Request for Expressions of Interest
Downtown Brooklyn
Sites adjacent to Brooklynjail offered for development
Developers must expand Brooklynjail along with new development onadjacent sites. The New York CityEconomic Development Corpora-tion and the Department of Correc-tion issued a request to gauge inter-est in the potential development oftwo vacant parcels in downtownBrooklyn located next to the Brook-lyn House of Detention, a 759-indi-vidual-cell detention center, whichthe City closed in 2003. DOChopes to reopen and expandthe existing 10-story,280,000-square-foot deten-tion center located alongAtlantic Avenue betweenSmith Street and BoerumPlace. The request requiresthat interested developersrefurbish the facade of thedetention center, redevelopits first three floors, add11,300 sq.ft. of retail to itsAtlantic Avenue frontage and
Staten Island’s Wyeth House built in 1856.Photo: LPC.
ATLANTIC AVENUE
BOER
UM
SM
ITH
Existing Jail Proposed Expansion Development Parcels
Proposed EDC and DOC plan encompassing formerjail. Image: NYC EDC.
During the unanimous vote todesignate, Commissioners RobertaBrandes Gratz echoed many othercommissioners’ sentiments by saying“it is hard to believe that the home islocated within New York City.”
LPC: Nathaniel J. and Ann WyethHouse, 190 Meisner Avenue, StatenIsland (LP-2253) (May 15, 2007).
LANDMARKS PRESERVATIONCOMMISSION
Calendaring
Williamsburg, Brooklyn
Hearing approved for Domi-no Sugar building
Refinery buildings, just north ofWilliamsburg Bridge, were complet-ed in 1884. On May 22, 2007, Land-marks voted to consider designa-tion of the former Domino SugarProcessing Plant in Williamsburg,Brooklyn. Under consideration arethree connected structures, the PanHouse, Finishing House, and FilterHouse, which is the largest structurein the complex, standing 13 storiesabove the East River. Landmarks’action did not include the nearby1960s building hosting the yellowneon “Domino Sugar” sign.
Located just north of theWilliamsburg Bridge, a firedestroyed the original 1856 plant.The replacement facility, whichincludes the three buildings beingconsidered, became the largestsugar processing plant in the coun-try once construction ended in
June 15, 2007 Volume 4 CITYLAND
oversee construction of a 165,000-square-foot jail expansion alongwith any new development pro-posed for the adjacent parcels.
On the two empty parcels,located directly east and west of thedetention center along Smith Streetand Boerum Place, EDC calculatesthat up to 238,500 sq.ft. of space canbe developed. It asks developers topropose either residential or com-mercial projects with 15,700 sq.ft. ofground-floor retail. EDC anticipatessplitting and selling the lots to thedeveloper. The developer wouldalso own the Atlantic Avenue retailspace within the detention center.
The current building is con-nected to the Kings County Crimi-nal Court House through an under-ground tunnel that is still in use.DOC hopes to add 720 additionalbeds with the proposed expansion,a plan that would help to relieveovercrowding on Rikers Island.
Responses should not proposedevelopment plans for the renova-tion and expansion of the House ofDetention itself. An RFP will bereleased to find an architect for theproposed expansion.
EDC set a deadline of July 18,2007 for responses. Although thepurpose of the request is to measureinterest in the sites, EDC retainedthe right to choose a developerbased on the responses.
New York City Economic DevelopmentCorporation Request for Expressions ofInterest, 275 Atlantic Avenue//TheBrooklyn House of Detention, Down-town, Brooklyn (May 7, 2007).
80 Volume 4 CITYLAND June 15, 2007
ECONOMIC DEVELOPMENTCORPORATION
Developer Selection
Sunset Park, Brooklyn
Developers chosen for warehouse conversion
Former Navy warehouse to beretail/light manufacturing. EDCchose a joint venture comprised ofTime Equities Inc. and the BrooklynEconomic Development Corpora-tion to convert a 1.1-million-square-foot former Navy ware-house between Second and ThirdAvenues and 30th and 32nd Streetsin Sunset Park, Brooklyn. Thedetails released by EDC state thatunder the conversion plan, theeight-story building would containretail on its lower floors with lightindustrial uses above at a totaldevelopment cost of $205 million. A 100,000-square-foot accessoryparking facility would be construct-ed next to the site. Time Equitiesand the Brooklyn EDC agreed toprovide a 10,000-square-foot on-site day care center, a gym and foodservice as incentives for businessesto relocate to the site. The plan callsfor the federal government to trans-fer the property to the EDC for itseventual disposition to Time Equi-ties and the Brooklyn EDC.
EDC Press Release: NYC EconomicDevelopment Corporation Selects TimeEquities and Brooklyn Economic Devel-opment Corporation to Redevelop Fed-eral Building #2 in Sunset Park, May 23,2007.
COURT DECISIONS
Empire State Development Corp.
Midtown, Manhattan
Challenge to Javits Centerexpansion rebuffed
Court finds environmental reviewfor the Hudson Yards sufficient tocover changes to Javits plan. Theplan to expand the Jacob K. Javits
Convention Center underwentchanges since the approval of thefinal environmental impact state-ment for the Hudson Yards rezoningplan in 2004. When in July 2006 theEmpire State Development Corpo-ration approved the changes with-out a supplemental EIS, four Hell’sKitchen residents, the Municipal ArtSociety and the Hell’s KitchenNeighborhood Association chal-lenged the decision in an article 78 petition, arguing that thechanges were significant andrequired a supplemental EIS.
The residents cited changes inthe plan, which called for the pri-vate development of a 46-storyoffice building, two residential tow-ers of 50 and 45 stories, and a 500-car parking garage to replace theoriginal plan for a full-block parkbounded by Eleventh and TwelfthAvenues and West 33rd and West34th Streets. The new plan wouldalso change the location of the hotelproposed for Javits from EleventhAvenue and West 41st Street, toEleventh and West 35th, and movedthe Javits truck loading facility fromWest 34th Street to locations alongWest 39th and West 40th. Instead ofthe original underground facility,the new proposal called for a multi-level, above-ground truck loadingdock. The residents submitted evi-dence showing that the changeswould cause significant trafficimpacts, potentially increase airpollutants and impact neighbor-hood design and open space.
The Empire State Develop-ment Corporation and the Conven-tion Center Operating Corporationresponded that the project changeswould not generate additionaladverse impacts above thosealready covered by the HudsonYards study.
Justice Michael Stallmanagreed, adding that a projectchange alone does not trigger theneed for a supplemental environ-mental study. The court cited thetraffic mitigation measures of theoriginal Hudson Yards plan, findingthat, as a practical matter, the meas-
ures could be adapted to the newJavits plan. Since the parties’experts disagreed on the level of airstudies needed, the court would notresolve the dispute. The residentsfailed to identify any new potentialimpacts to urban design. The courtadded that elimination of a proposed park does not reflect achange from current conditions.
Municipal Art Society v. N.Y.S. Conven-tion Center Development Corp., 2007N.Y. Slip Op. 51031(U) (N.Y. Cty.Sup.Ct.May 21, 2007) (Stallman, J.).
CITYLAND Comment: The resi-dents, the Municipal Art Society andthe Hell’s Kitchen NeighborhoodAssociation have not yet decidedwhether or not they will appeal.
COURT DECISIONS
City Council
Citywide
Local Law to preserve housing preempted
Affordable housing programs con-trolled by federal and state law. Aftermultiple hearings on the decliningnumber of affordable housing units,the City Council passed Local Law79 of 2005 over a mayoral veto. Thelaw gave tenants the right of firstrefusal to purchase their buildingswhen the owners sought to removethe properties from certain assistedrental housing programs. The lawalso allowed tenants who did notpurchase their building to stay intheir units at existing rent levelsafter their buildings left the pro-grams. The law covered Mitchell-Lama developments, project-basedSection 8 developments, and otherdevelopments receiving govern-ment subsidies or assistance.
The Real Estate Board of NewYork sued, arguing that the law wasinvalid since the City did not havethe authority to legislate in an areadominated by state and federal law.
Justice Marilyn Shafer agreedwith REBNY and overturned thelocal law, finding that the City did
81
CITYLAND PROFILES
Ronay Menschel and Adam Weinstein talk about affordable housing
For the past two decades, Ronay Men-schel and Adam Weinstein have led
the Phipps Houses Group, New York City’soldest and largest affordable housingprovider. Founded in 1905 by CarnegieSteel’s Henry Phipps, the organizationhas built over 6,000 units, and currentlymanages 12,500 apartments, as well ascommunity service centers, Head Startlocations, vocational centers, and after-school programs.
In the mid-1970s Ronay Menschelworked in Edward I. Koch’s WashingtonCongressional office and moved to the cityto join his 1977 mayoral campaign. Sheserved as his Deputy Mayor and ExecutiveAdministrator, spent eleven years on MTA’sBoard, headed the Chancellor’s AdvisoryCouncil on Arts Education, and served onthe Federal Reserve Bank of New York. Shebecame Phipps’ CEO and President in1993, and now chairs Phipps’ board. Mr.Weinstein worked in the Koch Administra-tion after college. He then attended Har-vard Business School, after which hejoined Phipps where he has been CEOsince 2001. Ms. Menschel and Mr. Wein-stein talked with CityLand about sustaininga more affordable New York.
Mayor Bloomberg’s Priority. TheBloomberg Administration has madeaffordable housing a priority, Ms. Menschelsaid. She added that, following the fiscalcrisis, Mayor Koch’s affordable housingpolicies had “set a pace” that theBloomberg Administration has looked to asa model. Before, the housing discussionwas “should there be affordable housing:”now “the discussion is how much.” This isa marked change from previous adminis-trations, she added, saying that the Giuliani
Administration did not focus on the issueand the Dinkins Administration did notarticulate housing as a priority.
Unlocking Potential. Both Ms. Men-schel and Mr. Weinstein agreed that devel-opment on large public sites is over. Thereality is that these sites are no longeravailable, but the change also reflects anew philosophy in affordable housing con-struction. The emphasis is on mixed-income housing, Ms. Menschel said,adding that housing exclusively for thevery poor creates a neighborhood that isonly in “transition.”
Mr. Weinstein said that even as largepublic sites became less common and theCity’s in rem stock diminished, Phipps’work mushroomed. The Bloomberg Admin-istration has been innovative in “unlockingthe potential” of sites that remain publiclyowned, Weinstein pointed out. As just onerecent example, he pointed to NYCHA’splan to sell off parking lots and underusedparcels to affordable housing developers.
Affordability Defined. Mr. Weinsteinsaid that building units of affordable hous-ing is not about sites; “It’s about capital.”Affordable housing is “by definition hous-ing that the market cannot sustain.” Thereis a lot of money available for low-incomehousing through federal subsidies, but thisfunding tends to focus on persons livingbelow 60 percent of the area mediumincome, roughly $48,000 for a family offour. Families, however, are unable to bor-row from traditional lenders unless theirincomes are over 130 percent of the medi-an income. Phipps tries to develop housingin the gap between low income and mar-ket rate housing.
Inclusionary Costs. When asked
about the City’s inclusionary housing pro-gram, which allows market-rate develop-ers to increase a project’s floor area bymaking a commitment to build affordablehousing on-site or in the same area, Mr.Weinstein cautioned that the units maycome at a hidden cost. He pointed to theHudson Yards zoning text, which allowsdevelopers to use other affordable hous-ing funds without disqualifying a projectfrom the inclusionary housing bonus. Anunintended consequence is that theseprojects will eat into the City’s bond limit.With the high cost to build housing inChelsea, these projects can use enormousamounts of the bond limit to finance rela-tivity few units. He acknowledged a valuein bringing affordable units to Chelsea, butwhen the money could be used to buildmore units in Harlem and the South Bronx,Mr. Weinstein questioned whether it wasworth the added cost.
Beyond Building. Talking about theimportance of well maintained housing instabilizing family life, Ms. Menschel saidthat people should not have to worryabout going without heat while trying toeducate their children. Ms. Menschel saida number of Phipps’ tenants were mar-ginally employed, had significant literacyproblems or needed help gaining accessto public benefits. Phipps now offers ESLand literacy classes, eleven after-schoolprograms, computer training, collegeadvisement services, vocational pro-grams and services for seniors. Ms. Men-schel views these efforts as critical inhelping people succeed and in sustainingenduring communities.
— Morgan Kunz
not have the authority to legislate inthis area because the state and feder-al governments preempted Cityaction. With regard to Mitchell-Lama, state law granted owners aright to withdraw from the programand the City could not impose addi-tional restrictions that would burdenthat right. Justice Shafer found thatthe federal laws in the area similarlypreempted any action by the City.
Real Estate Board v. City Council, 2007N.Y. Slip Op. 27210 (N.Y. Cty.Sup.Ct.Apr. 11, 2007) (Shafer, J.).
CITYLANDComment: On April 17,2007, Mayor Bloomberg signed twobills passed by the City Council ear-lier in the year which aim to encour-age owners of Mitchell-Lama hous-ing to keep their buildings in theprogram by providing new tax
incentives. The bills extended the J-51 tax program to Mitchell-Lamabuildings that finance renovationswith public monies and eliminateda reference that prohibited abate-ments for units assessed at over$40,000. The J-51 tax program pro-vides real property tax abatementsfor major building-wide rehabilita-tion or replacement systems suchas boilers, roofs, or elevators.
June 15, 2007 Volume 4 CITYLAND
82 Volume 4 CITYLAND June 15, 2007
*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue.
New Decisions Added to CITYADMINwww.citylaw.org – May 2007*
CITY COUNCIL
RES. NOS. PROJECT DESCRIPTION DATE
843 Gates Ave. Apartments, BK UDAAP by HPD (34 residential units) 5/9/2007
844 Fox Leggett Apartments, BX UDAAP by HPD (50 residential units) 5/9/2007
845 519 Glenmore Ave., BK UDAAP by HPD (4 lots) 5/9/2007
846 Grant Ave. Apartments, BX UDAAP by HPD (162 residential units) 5/9/2007
847 1134 College Ave., BX UDAAP by HPD (3 lots) 5/9/2007
848 Melrose Commons Site 5, BX UDAAP by HPD (5 lots) 5/9/2007
890 22 E. 54th St., MN Special permit (sidewalk cafe) 5/30/2007
891 65th Dr., QN School construction (650 seats) 5/30/2007
892 120 E. 125th St. Firehouse, MN Disposition of City property 5/30/2007
893 299 Degraw St. Firehouse, BK Disposition of City property 5/30/2007
894 58-03 Rockaway Blvd. Firehouse, QN Disposition of City property 5/30/2007
895 136 Wythe Ave. Firehouse, BK Disposition of City property 5/30/2007
CITY PLANNING COMMISSION
PROJECT NAME DESCRIPTION LOCATION ULURP # DATE
Tower 4 World Trade Center Acquisition of office space MN 1 N070391PXM 4/25/2007
† 159 Charles Street House Report to Council on designation MN 2 N070389HKM 4/25/2007
† 354 W. 11th Street House Report to Council on designation MN 2 N070388HKM 4/25/2007
† Keller Hotel Report to Council on designation MN 2 N070390HKM 4/25/2007
West 128th St. Apartments Amend Urban Renewal Plan; UDAAP by MN 10 C070283HUM; 4/25/2007HPD (27 residential units) C070284HAM
POKO S. Bronx Condos I UDAAP by HPD (21 residential units) BX 4 C070256HAX 4/25/2007
Bayside Village BID Form Business Improvement District QN 11 N070339BDQ 4/25/2007
CHR Office Space Acquisition of office space QN 12 N070392PXQ 4/25/2007
† 23 Park Place Report to Council on designation MN 1 N070401HKM 5/9/2007
† 25 Park Place Report to Council on designation MN 1 N070402HKM 5/9/2007
505 W. 51st Street UDAAP by HPD (6-story, mixed-use bldg.) MN 4 C070260HAM 5/9/2007
E. Harlem Salt Storage Facility Zoning map amendment (R7-2 to M1-1); MN 11 C070235ZMM; 5/9/2007Site selection for salt storage C070236PSM
Fifth on the Park UDAAP by HPD (41 residential units) MN 11 C070308HAM 5/9/2007
Boricua Village Zoning map amendment; Amend BX 1, 3 C070276ZMX; 5/9/2007Urban Renewal Plan; UDAAP by C070275HUX;HPD (679 residential units) C070277HAX
† Brooklyn Botanic Garden Report to Council on designation BK 9 N070403HKK 5/9/2007
Tire Company Special permit (build in right-of-way) BK 12 C070309ZSK 5/9/2007
Rainbow Paper Special permit (build in right-of-way) BK 12 C070310ZSK 5/9/2007
83June 15, 2007 Volume 4 CITYLAND
New Decisions Added to CITYADMINwww.citylaw.org – May 2007*
BOARD OF STANDARDS & APPEALS
ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE
30 Wall St., MN Ext. of term (NY Sports Club) App'd 72-96-BZ Fredrick A. Becker
152 Franklin St., MN Legalize phys. cult. est. (spa) App'd 14-07-BZ Ivan Khoury
450 W. 17th St., MN Special permit (Equinox Fitness) App'd 41-07-BZ Ellen Hay
399 E. 52nd St., MN Ext. of term (transient parking) App'd 878-62-BZ Sheldon Lobel
171 E. 83rd St., MN Legalize phys. cult. est. (Bikram Yoga) App'd 44-07-BZ Francis Angelino
421 W. 250th St.; Ext. time to complete minor development App'd 17-07-BZ; Sheldon Lobel5000 Iselin Ave.; (14 dwellings) 18-07-BZ;5020 Iselin Ave., BX 19-07-BZ
2040 MLK Blvd., BX Enlarge 1-story building App'd 318-05-BZ Marc A. Chiffert
5030 Goodridge Ave., BX Extend time to construct App'd 20-07-BZY- Sheldon Lobel12, 1-family dwellings 31-07-BZY
