21 MARCH 15, 2007 center for new york city law VOLUME 4, NUMBER 2 Highlights CITY COUNCIL Self-cert program reined in . . . . . 23 CITY PLANNING COMMISSION Downtown Bklyn BID . . . . . . . . . . 24 BOARD OF STANDARDS & APPEALS Bklyn industrial bldg. to be apts. 24 NY Sports Club gets legal . . . . . . . 24 LANDMARKS Harlem ballroom rejected . . . . . . 25 Moses’WPA pools considered . . . . 25 1790s row house controversy . . . 26 Socialite’s hotel gets permit . . . . . 27 Automat designated . . . . . . . . . . . . 28 DEPARTMENT OF BUILDINGS Stiffer construction rules . . . . . . . . 30 ECONOMIC DEVELOPMENT CORP. $3.2M for Bklyn office space . . . . 30 LOFT BOARD LLC, no stop to fines . . . . . . . . . . . . 31 COURT DECISIONS Samba’s moves cost $500K . . . . . . 31 Hotel gets pass on $1.4M tax bill 32 City pays $9M for Queens site . . . 32 Second Ave. Subway fight . . . . . . . 34 CITYLAND PROFILES Julie Menin . . . . . . . . . . . . . . . . . . . . 33 Letter to the Editor . . . . . . . . . . . . 31 CHARTS DCP Pipeline . . . . . . . . . . . . . . . . . . 23 ULURP Pipeine . . . . . . . . . . . . . . . 25 BSA Pipeline . . . . . . . . . . . . . . . . . . 26 Landmarks Pipeline . . . . . . . . . . . 28 Landmarks Actions . . . . . . . . . . . 29 Citylaw.org New Decisions . . . 34-5 CITY LAND tion, a bulk measurement, if it resulted in better site plans and open space. As approved by the Planning Commission, the new bulk waiver special permit would apply to ten community districts in Manhattan, Brooklyn and Queens. 4 CityLand 4 (Feb. 15, 2007). West 60th argued that the waiver would result in improved designs and discourage buildings from being set back from the street. West 60th applied to use the bulk waiver on its proposed develop- ment along West 60th and West 61st Streets. Its final design called for three buildings to be located along the street line with one interior courtyard open space and a second large open space along West 61st Street, containing a tennis court. When the proposal made it to Council, the Land Use Committee voted to limit the new bulk waiver to Manhattan’s (cont’d on page 23) Landmarks designated the Church of All Saints on Fifth Avenue between East 128th and East 129th Streets. Story on p. 28. Photo: Morgan Kunz. CITY COUNCIL Rezoning/Special Permit Lincoln Square, Manhattan Council limits bulk waiver to Manhattan Comm. Board 7 The proposed height provision had, as approved by the Planning Com- mission, been applicable citywide. On February 28, 2007, the City Council approved the four linked applications for the mixed-use development of West 60th Street Associates, LLC with significant modifications to the developer’s proposed citywide zoning change on bulk. West 60th originally proposed a zoning text amendment that would allow developers of general, large-scale developments located in certain commercial districts to modify the height factor calcula- March 15, 2007 Volume 4 CITY LAND
Transcript
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MARCH 15, 2007 center for new york city law VOLUME 4, NUMBER 2
tion, a bulk measurement, if itresulted in better site plans andopen space. As approved by thePlanning Commission, the newbulk waiver special permit wouldapply to ten community districts inManhattan, Brooklyn and Queens.4 CityLand 4 (Feb. 15, 2007).
West 60th argued that thewaiver would result in improveddesigns and discourage buildingsfrom being set back from the street.West 60th applied to use the bulkwaiver on its proposed develop-ment along West 60th and West 61stStreets. Its final design called forthree buildings to be located alongthe street line with one interiorcourtyard open space and a secondlarge open space along West 61stStreet, containing a tennis court.
When the proposal made it toCouncil, the Land Use Committeevoted to limit the new bulk waiverto Manhattan’s (cont’d on page 23)
Landmarks designated the Church of All Saints on Fifth Avenue between East 128th and East 129thStreets. Story on p. 28. Photo: Morgan Kunz.
CITY COUNCIL
Rezoning/Special Permit
Lincoln Square, Manhattan
Council limits bulk waiver toManhattan Comm. Board 7
The proposed height provision had,as approved by the Planning Com-mission, been applicable citywide.On February 28, 2007, the CityCouncil approved the four linkedapplications for the mixed-usedevelopment of West 60th StreetAssociates, LLC with significantmodifications to the developer’sproposed citywide zoning changeon bulk.
West 60th originally proposeda zoning text amendment thatwould allow developers of general,large-scale developments located incertain commercial districts tomodify the height factor calcula-
March 15, 2007 Volume 4 CITYLAND
22 Volume 4 CITYLAND March 15, 2007
CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL
CITYLAND
COM M E NTARY
Stanley S. Shuman,ChairArthur N. Abbey ’59Sheila Aresty ’94Harold Baer, Jr.David R. BakerAnthony ColesEdward N. CostikyanPaul A. CrottyRichard J. DavisMichael B. GerrardJudah GribetzKathleen Grimm ’80
Eric Hatzimemos ’92Michael D. HessLawrence S. Huntington ’64William F. Kuntz IIEric LaneRandy M. Mastro Richard MatasarRobert J. McGuireFrancis McArdleJohn D. McMahon ’76Thomas L. McMahon ’83Gary P. Naftalis
Steven M. PolanNorman RedlichJoseph B. RoseErnst H. Rosenberger ’58Rose Luttan RubinFrederick P. SchafferFrederick A.O. Schwarz, Jr.O. Peter SherwoodEdward WallaceRichard M. WeinbergPeter L. ZimrothJames D. Zirin
NYC Law Dep’t, New York Law School, Announce Land Use Conference
New York City land use issues will be the topic of a conference to be held at New York Law School on April19, 2007. The conference is jointly sponsored by the NYC Law Department, New York Law School’s Center forNew York City Law and Center for Real Estate Studies. Speakers will cover new and emerging legal and finan-cial land use issues. The sponsors intend to make the conference an annual event. The schedule for the four-hour, afternoon program is as follows:
Session 1. Hudson Yards: Innovative Financing MechanismsAndrew R. Berman, New York Law School, ModeratorMarvin Markus, Goldman SachsJames W. McSpiritt, Phipps HousesLeonard M. Wasserman, Law Department
Session 3. Current Issues Before NYC Land Use AgenciesSusan Kath, Law Department, ModeratorChris Collins, BSADavid Karnovsky, City PlanningMark A. Silberman, Landmarks
You can register by sending us an email at [email protected] or give us a call at (212) 431-2115. CLE credit is available. I hope that you will be able to join us.
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
23
Community Board 7. In addition, iteliminated language that describedthe resulting open space as “servingthe needs of the residents.” Thischange envisioned public use of thefinal open space. The developer alsoagreed to allow nearby schools touse the tennis court.
Council’s final vote alsoapproved West 60th’s proposedthree buildings and the open spacedesign.
Council: West 60th Street (Feb. 28,2007); CPC: West 60th Street (N 060103ZRY – text amendment); (C 060104
CITY PLANNING PIPELINE
New Applications Filed with DCP — Feb. 1 – 28, 2007APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP # REPRESENTATIVE
ZONING TEXT AND MAP AMENDMENTS
West St. Dev. LLC 50 West St., MN Demap Ward St. (mixed-use bldg.) 070351MMM Manatt Phelps
Park West Assoc. 636 11th Ave., MN Rezone (manuf. to commer.); 070334ZMM; Kramer LevinText change (adult uses – R8 & C6-3); 070336ZRM;Spec. perm. (150-space garage); 070335ZSM
DCP/DCAS/HPD/ Jamaica Plan, QN Text amend. (Jamaica Dist.); 070315ZRQ; DCP/DCAS/HPD/JFK Center Rezone 368 blocks; 070314ZMQ; JFK Center Assoc. LLC Appr. Renew. Plan (Jamaica Gateway); 070316HUQ; Assoc. LLC
Desig. Renew. Plan (Jamaica Gateway); 070317HGQ;Dispo. (1 City-owned property); 070318PPQ;Dispo. (property in Jamaica Gateway) 070322HDQ
Avery Fowler 131-03 Fowler Ave., QN Rezone (M1-1/-2 to C2-6A) res. dev. 070352ZMQ Patrick Jones
SPECIAL PERMITS/OTHER ACTIONS
DSBS/DCAS East River Esplanades & Piers Site selection (improve public space); 070349PSM; DSBS/DCASDispo. (27,000 sq.ft. & 11,000 sq.ft.) 070350PPM
Brisam Times Sq. 309-313 W. 39th St., MN Cert. [FAR (10 to 18) 32-story hotel] 070333ZCM Greenberg Traurig
Metro Eleven Hotel 337 W. 39th St., MN Cert. [FAR (10 to 18) 32-story hotel] 070330ZCM Greenberg Traurig
M & R Hotel 337 W. 39th St., MN Cert. [FAR (10 to 18) 36-story hotel] 070331ZCM Greenberg Traurig
Metro Eleven Hotel 339 W. 39th St., MN Cert. [FAR (10 to 18) 36-story hotel] 070332ZSM Greenberg Traurig
400 East 67 LLC 400 E. 67th St., MN Spec. perm. (142-space garage) 070338ZSM Kramer Levin
DSBS Bayside Village BID, QN BID for 10 blocks & 119 lots 070339BDQ DSBS
DEP 83 Maguire Ave., SI Cert. sch. seats, Lemon Creek Bluebelt 070344RCR DEP
March 15, 2007 Volume 4 CITYLAND
ZMM – map amendment); (C 060105ZSM – special permit, bulk); (C 060106ZSM – special permit, garage) (Jan. 10,2007) (Kramer Levin, for West 60thStreet Associates, LLC). CITYADMIN
CITYLAND Comment: When thePlanning Commission met on Feb-ruary 26, 2007 to review the Coun-cil’s modifications, CommissionerAngela Battaglia, who voted for theoriginal text amendment, said thechanges embraced what severalPlanning commissioners originallywanted in the text, but had let gowithout change. City Planning staffmember Larry Parnes explained
that City Planning opposed limitingthe bulk waiver solely to propertieswithin Community Board 7 becauseit effectively limited the waiver tothe West 60th Street developmentonly. “We will never get an applica-tion under this section again,”Parnes added. Several commission-ers commented that the sectionmight be used as a guide to futuredevelopment. The Commission ulti-mately approved the modifications.
CITY COUNCIL
Self Certification
Citywide
Council amends DOB’s self-certification program
Council action affects suspensionsand revocations. By a vote of 47-0,the City Council passed twoamendments to the Department ofBuildings’ self-certification pro-gram. The program allows regis-tered architects and professionalengineers to bypass Buildings’review of their plans by self-certify-ing that the project complies withzoning laws and the building code.
The amendments eliminatethe self-certification program forcertain types of work, including alldemolitions as well as changes toegress, use or occupancy for one-,two-, and three-family dwellings.
The amendments also allowBuildings’ Commissioner, after a hearing at OATH, to suspend or revoke engineers’ and architects’self-certification privileges. Groundsfor suspension or revocationinclude knowingly or negligentlycertifying plans that contain falseinformation, as well as submissionwithin a 12-month period of twosets of certified plans that Buildingslater revokes or that demonstrateincompetence or lack of knowledge.Buildings may adopt rules addingadditional grounds for suspensionor revocation.
Engineers and architectswhose certification privileges are
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revoked or suspended may apply torestore their privileges after oneyear. Before their privileges are fullyreturned they must go through a six-month probation period, during which if they certify a falseapplication, their privileges will bepermanently revoked.
The amendments also requireBuildings to maintain a database ofengineers and architects with lostor suspended privileges. Thenames must also be posted onBuildings’ website, along with all relevant information about thelimitation.
The Council’s action cameshortly after Buildings amended itsrules in regard to the same program.4 CityLand 12 (Feb. 15, 2007).
Plan encompasses 130 businesses.On February 7, 2007, the PlanningCommission approved an applica-tion by the Department of SmallBusiness Services to create a newCourt Livingston SchermerhornBusiness Improvement District for350 tax lots and 130 businesses indowntown Brooklyn.
The proposed BID will allow anannual assessment on businessesand residents to enhance security,sanitation, holiday lighting, market-ing, maintenance and economicdevelopment. Within the bound-aries of the BID are a Barnes &Noble, a United Artists Multiplex,Brooklyn Law School and BrooklynBorough Hall.
The $765,000 first-year budgetwill come from commercial proper-ty assessments of $23 per linear-foot front, limited to an amount
Volume 4 CITYLAND March 15, 2007
of $.0024 per dollar of assessed valuation. Residential propertieswill pay an annual $1 assessment.Government uses and not-for-prof-its will be exempt.
With no opposition to the BIDat the Planning Commission’s hear-ing, the Commission approvedwithout modification. If approvedby the City Council and MayorMichael Bloomberg, it will becomedowntown Brooklyn’s fifth BID.
BSA required owner to demolish rearportion of full-lot building to createneeded open space. SMJ PropertiesLLC applied to BSA to convert andenlarge a three-story manufactur-ing-zoned building into two apart-ments totaling 3,893 sq.ft. As origi-nally proposed, the plan main-tained the existing building’s full-lotcoverage, providing no rear yard oropen space.
SMJ argued that the area wasprimarily residential and the build-
ing’s 21-foot width, its narrow stair-case and the lack of an elevatormade industrial uses infeasible. Inaddition, its location along a one-way street with parking on bothsides severely restricted loadingaccess and further constrainedindustrial uses. SMJ submitted a400-foot radius map that showedonly two lots with industrial useswithin the outlined area.
BSA advised SMJ to demolishportions of the building to addsome open space either in a rearyard or courtyard. SMJ then submit-ted a second plan providing a 33-foot rear yard and an increase inthe total building to 4,248 sq.ft. Itclaimed the extra floor space wasnecessary to make the newlydesigned building economicallyfeasible.
BSA approved the new proposal,noting that the first plan wasincompatible with neighboring residential buildings, which con-tained rear yards.
BSA: 461 Carroll Street (50-06-BZ) (Jan.30, 2007). CITYADMIN
BOARD OF STANDARDS & APPEALS
Special Permit
SoHo, Manhattan
BSA legalizes New YorkSports Club in SoHo
Club opened a 16,000-square-footlocation without permits. In June2006, New York Sports Club receiveda Department of Buildings decisionstating that the manufacturing zon-ing on its SoHo lot prohibited itsproposed gym. Nevertheless, NewYork Sports Club opened the SoHolocation one month later andapplied to BSA to legalize the use.The gym, located at 225 VarickStreet between Clarkson and WestHouston Streets, is 16,741 sq.ft.
At BSA, New York Sports Clubargued that its gym would not alterthe character of the neighborhood.BSA agreed, granting a 10-year permitfor the gym use on February 6, 2007.
The newest BID in downtown Brooklyn willenhance this retail corridor on Court Street.Photo: Morgan Kunz.
25
Harlem’s first entertainment com-plexes, the Renaissance now sits in extreme disrepair with treesgrowing out of its partially caved-inroof. Abyssinian would convert thebuildings into a mixed-use develop-ment with commercial uses, a com-munity center and a 17-story residential tower with market-rateand affordable housing.
At the earlier public hearing,representatives from Abyssinian,elected officials and communitymembers testified against designa-tion, and preservationists split onthe issue. 4 CityLand 10 (Feb. 15,2007).
Landmarks Chair Robert Tier-ney opened up the comments, say-ing he felt confident that Abyssinianand its architect Max Bond wouldrestore the buildings’ distinct archi-tectural features as part of its
redevelopment plan. Tierney addedthat opposition from the communi-ty and elected officials weighedgreatly on his decision against designation. Commissioners JoanGerner, Stephen Byrns, ThomasPike and Margery Perlmutter all agreed with Tierney, citing thecommunity’s opposition to desig-nation and saying that Abyssinian’splans made each feel more com-fortable rejecting designation.
Only Commissioner RobertaBrandes Gratz opposed the action,saying the buildings could be cate-gorized as historical and architec-tural landmarks. Gratz calledremoval from the calendar “anunfortunate direction to take,”arguing that Landmarks had comefar on its approval of adaptations todesignated buildings and could doso with Abyssinian’s plan.
At the close of comments,Landmarks voted by 6-1 to perma-nently remove the two buildingsfrom consideration.
Renaissance Ballroom and Casino,2341-2349 Adam Clayton Powell, Jr.Boulevard (LP-2218) (Feb. 13, 2007).
LANDMARKS PRESERVATIONCOMMISSION
Designation Hearing
Citywide
Hearings held on nine Robert Moses projects
Depression-era pools and play centers considered for individualdesignation. In the 1930s, under the guidance of Mayor FiorelloLaGuardia and Parks CommissionerRobert Moses, the City built dozensof parks and swimming pools usingfederal Works Progress Administra-tion funds. In the summer of 1936alone, the City opened eleven largepool-oriented play centers.
On January 31, 2007, Land-marks heard public testimony onthe proposed designation of nine ofthese WPA play centers, includingthe Bronx Crotona Play Center,
BSA: 225 Varick Street (133-06-BZ) (Feb.6, 2007). CITYADMIN
LANDMARKS PRESERVATIONCOMMISSION
Designation
Harlem, Manhattan
Designation rejected forHarlem ballroom
Landmarks accepted promise thatcommunity group will restore build-ing as part of development plan.On February 13, 2007, Landmarksremoved the Harlem RenaissanceBallroom and Casino from its desig-nation calendar to allow a redevel-opment plan by its current owner,the Abyssinian Development Cor-poration, to go forward. Builtbetween 1920 and 1923 as one of
ULURP PIPELINE
New Applications Certified into ULURPPROJECT DESCRIPTION COMM. BD. ULURP NO. CERTIFIED
135 Central Park W. Special permit (parking garage) MN 7 C050540ZSM 2/5/2007
L&M Art Gallery Modification of use MN 8 070125ZSM 2/5/2007
5th on the Park UDAAP (2, 7-story bldgs.) MN 11 N060483ZAM 2/5/2007
Grant Ave. Apts. UDAAP (162 units) BX 4 070311HAX 2/5/2007
Thomas Street City map amendment BK 1 030429MMK 2/5/2007
287 Gold Street Disposition of negative easement BK 2 070286PPK 2/5/2007
902 Liberty Ave. UDAAP (3-story res. bldg.); BK 5 070313HAK; 2/5/2007Dispose City prop. 070312ZSK
Rainbow Paper Parking Special permit (parking lot) BK 12 070310ZSK 2/5/2007
Ganin Tire Special permit (accessory parking) BK 12 070309ZSK 2/5/2007
Ulmer Park Library Acquisition of public facility BK 13 060209PQK 2/5/2007
AM&G Waterproofing Zoning map amendment BK 16 060545ZMK 2/5/2007
The Jamaica Plan City map amendment; QN 8, 12 070158MMQ; 2/5/2007Acquisition/disposition of property; 070314ZMQ;Creation of Urban Renewal Area; 070315ZRQ;Zoning text and map amendments 070316HUQ;
070317HGQ;070318PPQ;070322HDQ
East River Piers Site selection, fair share; MN 1, 3 070349PSM; 2/26/2007Disposition of City prop. 070350PPM
450 W. 17th Garage Special permit (210-space garage) MN 4 060341ZSM 2/26/2007
Hunts Pt. Water Plant Site selection (pollution control BX 2 070008PSX; 2/26/2007plant); City map amendment 070009MMX;
070010MMX
Rescue 3 Unit Acquisition of property BX 3 070300PCX 2/26/2007
Canarsie Plaza Disposition of City prop. BK 18 070278PPK 2/26/2006
Shellbank Basin Acquisition of property; Auth. to QN 10 070345PCQ; 2/26/2007mod. waterfront public access N070346ZAQ
March 15, 2007 Volume 4 CITYLAND
26
McCarren Play Center in Brooklynand three Manhattan locations.Landmarks previously designatedQueens Astoria Play Center and the Orchard Beach Bathhouse in the Bronx, the remaining two recre-ation centers opened by LaGuardiaand Moses in the summer of 1936. 3 CityLand 95 (July 15, 2006).
The City built the play centerswith low-cost building materialsprimarily of brick and cast-concreteusing the Art Moderne style. Docu-ments from the period show thatRobert Moses, an ardent swimmingenthusiast, personally involvedhimself in the play centers’ designs.The largest pools measure a mas-sive 165 by 330 feet, and each location includes wading pools and diving boards. In addition toswimming pools, the play centers incorporate large bathhouses,designed to double as gymnasiumsin the winter months, as well asplaygrounds, landscaped groundsand, in one instance, a band shelland dance floor. In addition to the pool and recreation areas, Landmarks considered four bath-houses for individual designation.
All but one of the pools builtduring the LaGuardia administra-tion are still in use. The notableexception is the now-dry pool inBrooklyn’s McCarren Park, currentlyused for musical performances andother cultural events.
At the hearing, no speakers tes-tified in opposition to designation.Landmarks has not set a date for avote on the nine remaining pools.
LPC: Crotona Play Center and Bath-house, Bronx (LP-2232, LP-2233); BetsyHead Play Center, Brooklyn (LP-2240);McCarren Play Center, Brooklyn (LP-2244); Sol Goldman Recreation Centerand Pool, Brooklyn (LP-2241); SunsetPlay Center and Bathhouse, Brooklyn(LP-2242, LP-2243); High Bridge PlayCenter, Manhattan (LP-2237); ThomasJefferson Play Center, Manhattan (LP-2236); Jackie Robinson Play Center andBathhouse, Manhattan (LP-2238, LP-2239); Tompkinsville Play Center andBathhouse, Staten Island (LP-2234, LP-2235) (Jan. 30, 2007).
LANDMARKS PRESERVATIONCOMMISSION
Designation Hearing
Financial District, Manhattan
Hotel construction threatensFederal row houses
Disputed ownership of potentiallandmark property lent twist tohearing. On January 30, 2007,Landmarks held designation hear-ings on three Federal-style rowhouses at 94, 94 1/2, and 96 Green-wich Street in lower Manhattan.
Constructed between 1789 and1799, contractors built the rowhouses soon after the laying out ofGreenwich Street. They are amongthe few post-Revolutionary upper-class houses left in Manhattan andamong the very oldest residencessouth of Chambers Street. Thebuildings still maintain originalbrownstone lintels and Flemishbond brickwork, despite significant
alterations over the years.Sam Chang of McSam Hotel
Group purchased 96 Greenwichand the air rights from 94 and 94 1/2
Greenwich to build a downtownhotel along Greenwich Street.Chang intended to demolish 96Greenwich to include the lot areawithin the hotel’s footprint. AtLandmarks, Chang’s representative,Robert Davis, testified that very lit-tle of 96 Greenwich’s fabric wasoriginal, and Chang was willing tocompletely restore the facades of 94
These 200-year-old row houses are the centerof a landmarking debate. Photo: Morgan Kunz.
BSA PIPELINE
New Applications Filed with BSA – Jan. 25– Feb. 26, 2007
Ella Weiss 1776 E. 26th St., BK Enlarge 1-family dwelling 54-07-BZ Robert Akerman
Egal Shasho 1576 E. 27th St., BK Enlarge dwelling, add attic 52-06-BZ Lewis E. Garfinkel
Moishe Bergman 1328 E. 23rd St., BK Enlarge 1-family dwelling 46-07-BZ Sheldon Lobel, P.C.
Mehran Enterprises 37-02 Main St., QN Permit phys. cult. est. 49-07-BZ Patrick W. Jones
APPEALS
A. Nussbaumer 144 E. 44th St., MN Install sign on facade 47-07-A Alex Nussbaumer
Seven Waters Inc. 3411 Barker Ave., BX Vested right to cont. dev. 35-07-A; Sheldon Lobel, P.C.(2, 3-family dwellings) 36-07-A
Blue Granite Corp. 3248 Wickham Ave., BX Permit const. in mapped st. 39-07-A; Sheldon Lobel, P.C.(2, 3-family dwellings) 40-07-A
Debra Wexelman 1472 E. 19th St., MN Vested right to cont. dev. 45-07-A Eric Palatnik, P.C.
56-50 Main St. 56-50 Main St., QN Build in bed of mapped st. 37-07-A Cozen O'Connor
Yosi Shem-Tov 100-21 39th Ave., QN Build in bed of mapped st. 50-07-A Gerald J. Caliendo
Michael Sidnam 389 College Ave., SI Expand home in mapped st. 323-06-A Vito J. Fossella
Volume 4 CITYLAND March 15, 2007
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and 94 1/2 Greenwich if allowed todemolish 96 Greenwich. ArchitectJean Kaufman, also retained byChang, testified that the top flooraddition to 96 Greenwich was out-of-character, and the bottom floor,currently occupied by the PussycatLounge topless bar, lacked any orig-inal fabric. Kaufman also presentedplans for the facade restoration of94 and 94 1/2 Greenwich.
Robert Kremer, owner of thePussycat, then took the podium,claiming that Chang purchased 96Greenwich fraudulently, and that heowned the building. Kremer testi-fied that he supported designationfor all three buildings, and if litiga-tion ended in his favor, he wouldcompletely restore 96 Greenwich.Robert Malamud spoke in supportof Kremer, stating that the rowhouses represented three centuriesof the city’s life, they survived September 11th, and it would be“ludicrous” to designate two of thebuildings, but not the third.
Roger Lang, of the New YorkLandmarks Conservancy, testifiedthat the Conservancy had advocat-ed designation of the buildingssince 2003. Acknowledging that 96Greenwich lacked much of its origi-nal fabric, Lang pointed to severalpast designations, like the BatteryMaritime Building and the EldridgeStreet Synagogue, where the build-ing merited designation despite significant loss of original details.Lang urged Landmarks to postponeany action until the parties settledthe ownership dispute. The Munic-ipal Art Society, the Society for theArchitecture of the City, the HistoricDistricts Council, and the Green-wich Village Society for HistoricPreservation supported designationof all three buildings. SimeonBankoff, speaking independently,stated that the alterations to 96Greenwich did not mitigate its sig-nificance, and “you don’t throw outGrandma because she’s got newteeth.”
The uncertainty surrounding96 Greenwich compelled Commis-
sioner Roberta Brandes Gratz tostate that the ownership disputewas not part of Landmarks’ consid-eration. Commission Chair RobertB. Tierney closed the hearing without further comments.
LPC: 94 Greenwich Street House, 94Greenwich Street (LP-2218); 94 1/2
Greenwich Street House, 94 1/2 Green-wich Street (LP-2219); 96 GreenwichStreet House, 96 Greenwich Street (LP-2220) (Jan. 30, 2007).
CITYLANDComment: Kremer andChang’s litigation over ownership of96 Greenwich is before JusticeEdward H. Lehner in the New YorkCounty Supreme Court. In his com-plaint, Kremer claims that the saleto Chang is invalid because he ispartial owner of the building andwas not made a party to the sale.Kremer also alleges that the Pussy-cat Lounge lease gives him a right offirst refusal to purchase the entirebuilding.
LANDMARKS PRESERVATIONCOMMISSION
Certificate of Appropriateness
Times Square, Manhattan
Permit issued for hotel addi-tion to Lambs Club
Four-story addition approved aspart of luxuryhotel conversionof Times Squarelandmark. Land-marks issued thepermit for a four-story addition tothe Lambs Club,a designated land-mark located at128 and 130 West44thStreet betweenBroadway andSixth Avenue. Theaddition is partof the plannedconversion of the1905 neo-Geor-gian building to a
luxury hotel to be operated by Man-hattan socialite Vikram Chatwal.Chatwal originally sought a seven-story addition, which he reduced bythree stories to address Landmarks’concerns over visibility of the addi-tion.
Voting to approve, Landmarksnoted that the four-story additionremained only minimally visiblefrom West 44th Street, obliquely vis-ible from Sixth Avenue and wouldblend in with surrounding build-ings when viewed from Bryant Park.Landmarks also emphasized thatChatwal committed to repointing100 percent of the terra cotta jointsand some of the brick work.
Landmarks designated theMcKim, Mead and White designedclub as an individual City landmarkin 1974. Originally founded by Lon-don actors in 1868, the Lambs Clubformed in 1874 in New York City andthe club later counted McKim,Mead, and White as members. Pastmembers included Mark Twain,Edwin Booth and Frank Mandel.The Lambs Club provided a billiardroom, grill room, a small theaterand sleeping rooms for its membersat the West 44th Street location untilthe late 1970s.
Landmarks: The Lambs Club, 128-130West 44th Street (COFA# 07-3888) (Jan.22, 2007). CITYADMIN
Located just off Times Square, the Lambs Club hosted famous actorsand actresses for nearly a century. Photo: Morgan Kunz.
March 15, 2007 Volume 4 CITYLAND
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ornamentation, while communityresidents and others evoked thememories and cultural significanceof the automats. 3 CityLand 94 (July15, 2006).
At the designation meeting,Commissioner Thomas Pike spokeof how designated buildings areoften symbols of prestige andwealth, while the automat was an“emblem of middle-class living.”Chair Robert B. Tierney stated thatmemories of the automats were “aconnection all New Yorkers shared,”and that the building’s “extraordi-nary design and terra cotta bring it to the level of designation.” Landmarks voted to designateunanimously.
The Harlem Catholic churches datefrom the late nineteenth, early twen-tieth century. On January 30, 2007,Landmarks voted to designate asindividual landmarks Saint AloysiusRoman Catholic Church and theChurch of All Saints Parish Houseand School. Landmarks first consid-ered All Saints in 1966 and heldhearings on both churches in 2004.Neither church was on the list,released in January 2007 by Cardi-nal Edward Egan, of parishes to beclosed or merged.
St. Aloysius, built by architectWilliam W. Renwick between 1902and 1904, originally served the Irish,Italian, and German immigrantcommunity then prevalent inHarlem. As neighborhood demo-graphics shifted, St. Aloysiusfocused on mission work and out-reach and conversion in theAfrican-American community.
LANDMARKS PRESERVATIONCOMMISSION
Designation
Upper West Side, Manhattan
Art-deco automat buildingdesignated
After two hearings, 1930-built Hornand Hardart Automat finally desig-nated. On January 30, 2007, Land-marks unanimously approved thedesignation of 2710 Broadway, oneof the last remaining structures in
the city to once house a Horn andHardart Automat. Constructed in1930 by the architectural firm E.P.Platt and Brothers, the Art-Decostyle building features glazed terracotta ornamentation of contrastingcolors in stylized floral motifs thatremain remarkably intact.
The building’s owner, NormaTeitler, adamantly opposed land-marking, believing it would devaluethe property she held for over 20years. In two hearings, preserva-tionist groups called attention tothe well-preserved structure and
LANDMARKS PIPELINE
Proposed Designations – Jan. – Feb. 2007NAME ADDRESS ACTION DATE
94 Greenwich House 94 Greenwich St., MN Heard 1/30/2007
Morningside Park Morningside Park, MN Calendared 1/30/2007
Jefferson Play Ctr. Jefferson Play Ctr., MN Heard 1/30/2007
All Saints Parish 47 E. 129th St., MN Designated 1/30/2007
St. Aloysius Church 213 W. 132nd St., MN Designated 1/30/2007
Robinson Play Ctr. Robinson Play Ctr., MN Heard 1/30/2007
Robinson Bath House Robinson Play Ctr., MN Heard 1/30/2007
High Bridge Play Ctr. High Bridge Play Ctr., MN Heard 1/30/2007
Crotona Play Ctr. Crotona Play Ctr., BX Heard 1/30/2007
Crotona Bath House Crotona Play Ctr., BX Heard 1/30/2007
Betsy Head Play Ctr. Betsy Head Play Ctr., BK Heard 1/30/2007
McCarren Play Ctr. McCarren Park, BK Heard 1/30/2007
Sol Goldman Rec. Ctr. Sol Goldman Rec Ctr., BK Heard 1/30/2007
Sunset Play Ctr. Sunset Play Ctr., BK Heard 1/30/2007
Sunset Bath House Sunset Play Ctr., BK Heard 1/30/2007
41-45 240th St. Bldg. 41-45 240th St., QN Calendared 1/30/2007
Tompkinsville Pool Tompkinsville Play Ctr., SI Heard 1/30/2007
Tompkinsville Bath House Tompkinsville Play Ctr., SI Heard 1/30/2007
90 Bayview Ave. House 90 Bayview Ave., SI Calendared 1/30/2007
6136 Amboy Rd. House 6136 Amboy Rd., SI Calendared 1/30/2007
5466 Arthur Kill House 5466 Arthur Kill Rd., SI Calendared 1/30/2007
3833 Amboy Rd. House 3833 Amboy Rd., SI Calendared 1/30/2007
173 Main St. Store 173 Main St., SI Calendared 1/30/2007
190 Meisner House 190 Meisner Ave., SI Calendared 1/30/2007
Strd. Varnish Works 2589 Richmond Terr., SI Calendared 1/30/2007
Manhattan Ave. HD Upper West Side, MN Calendared 2/13/2007
Renaissance Ballroom 2341 A. C. Powell Blvd., MN Removed 2/13/2007
Sohmer Piano Factory 31-01 Vernon Blvd., QN Designated 2/27/2007
Volume 4 CITYLAND March 15, 2007
29
Designation of Harlem’s St. Aloysius Churchsupported unanimously by Landmarks. Photo: LPC.
Built in an Italian Gothic style,St. Aloysius’ most striking featureremains its glazed terra cottafacade, featuring alternating bandsof red and blue colored brick, withglazed celadon accents. The facadeutilized the new technology of poly-chromatic glazed terra cotta, whichemulated the marble of Europeancathedrals at a much lower cost.
Landmarks Chair Robert B.Tierney opened discussion by not-ing that it had been 25 years sinceLandmarks had designated aCatholic church, and that parish-ioner Congressman Charles Rangelenthusiastically advocated designa-tion. Commissioner Thomas Pikestated that designation was impor-tant to ensure that the churchremained a continuing part of thefabric of the community.
Built between 1883 and 1893,James Renwick, Jr. designed theVenetian Gothic Church of AllSaints. He is also known for hisdesigns of Grace Church, St. Patrick’sCathedral, and St. Ann’s EpiscopalChurch in Brooklyn, all individuallydesignated landmarks. Like St. Aloy-sius, All Saints Church boasts a mul-ticolored terra cotta facade, as wellas German-made stained-glass win-
Landmarks Actions Taken In February 2007FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS
ADDRESS LANDMARK/HISTORIC DISTRICT DESCRIPTION CASE APP’D
February 6, 2007
Riverside Drive., MN Riverside Park & Drive Redesign plaza 07-4857 Yes
Central Park, MN W. 100th St. Playground Mod. playground, repl. fencing 07-4618 W/D
27 Wooster St., MN SoHo-Cast Iron HD Amend permit for new bldg. 07-5058 Yes
510 Hudson St., MN Greenwich Village HD Legalize rear yard addition 06-7196 Yes
333 E. 43rd St., MN Tudor City HD Const. rooftop addition 07-4448 Yes
2 E. 61st St., MN Upper East Side HD Install heaters at canopy 06-5318 Yes
5 E. 76th St., MN Upper East Side HD Alter areaway, inst. doors 07-4006 W/Mod
467 Columbus, MN Upper West Side/CPW HD Legalize addition, alterations 07-1815 Yes
200 W. 84th St., MN Upper West Side/CPW HD Legalize windows, awning 06-7608 In Part
132 Greenpoint, BK Greenpoint HD Install storefronts 07-0810 Yes
February 13, 2007
375 Park Ave., MN Seagram Building Amend dev. rights transfer 06-6591 Yes
Burling Slip, MN South St. Seaport HD Construct playground 07-4117 Yes
55 Warren St., MN Tribeca South HD Ext. Const. rooftop addition 07-0676 Yes
138 Crosby St., MN SoHo-Cast Iron HD Construct new building 06-6524 W/Mod
171 MacDougal, MN Greenwich Village HD Inst. roof. mech. equip. 07-4115 Yes
655 Sixth Ave., MN Ladies' Mile HD Est. master plan (infill) 07-3512 Yes
23 E. 67th St., MN Upper East Side HD Const. rooftop addition 07-2387 Yes
823 Madison Ave., MN Upper East Side HD Install storefronts 07-4350 Yes
38 E. 76th St., MN Upper East Side HD Const. stoop, entrance 07-1502 Yes
37 Riverside Dr., MN West End-Collegiate HD Const. rooftop addition 06-6746 W/Mod
275 Cent. Pk. W., MN Upper West Side/CPW HD Est. master plan (windows) 05-7200 Yes
26 Remsen St., BK Brooklyn Heights HD Alter areaway, inst. wall 07-4322 Yes
34-57 82nd St., QN Jackson Heights HD Install awnings 06-6863 Yes
February 27, 2007
47 Murray St., MN Tribeca South HD Ext. Install infill 07-4695 Yes
37 Lispenard St., MN Tribeca East HD Install infill 07-3511 W/Mod
499 Broadway, MN SoHo-Cast Iron HD Stucco facades 07-4435 Yes
86 Bedford St., MN Greenwich Village HD Reconstruct facade 07-5003 W/Mod
387 Sixth Ave., MN Greenwich Village HD Replace illegal infill 07-2627 Yes
689 Washington, MN Greenwich Village HD Ext. Remove stoop, alt. windows 07-4499 W/D
14 W. 23rd St., MN Ladies' Mile HD Install infill, entrance 07-4338 Yes
28 W. 27th St., MN Madison Sq. North HD Install infill 07-1272 Yes
16 E. 64th St., MN Upper East Side HD Replace sidewalk 07-3033 No
875 Fifth Ave., MN Upper East Side HD Est. master plan, inst. A/C 06-8848 W/D
926 Fifth Ave., MN Upper East Side HD Const. rear yard addition 07-4442 Yes
26 W. 76th St., MN Upper West Side/CPW HD Alt. facade, const. rear add. 07-1321 Yes
53 E. 77th St., MN Upper East Side HD Create window opening 07-4564 Yes
112 E. 78th St., MN Upper East Side HD Alt. areaway, inst. railing 07-3630 Yes
5021 Fieldston, BX Fieldston HD Construct additions 07-1112 Yes
38 7th Ave., BK Park Slope HD Legalize bulkhead/HVAC equip. 07-4815 W/D
194 Rutland Rd., BK Prospect Lefferts Gdns. HD Const. rear yard addition 07-2032 Yes
March 15, 2007 Volume 4 CITYLAND
dows and delicate open spires. Thefour-story parish school, designedby William Renwick, features deco-rative banded brickwork and terracotta ornamentation.
In discussion, CommissionerRoberta Brandes Gratz pointed outthat when landmarks designatedGrace Church in Greenwich Village,
it neglected to designate the accom-panying school, which led to uncer-tainty over the building’s fate whenthe church sold the school buildingin the 1970s. Commissioner Pike,who had once taught at All Saints’youth center, stated that the church was “the heartbeat of theneighborhood.”
30
169,500-square-foot Albee StreetMall.
Albee Development, a partner-ship of developers Acadia Realty,MacFarlane Partners and AvalonBay, will purchase the mall for $125million, according to press articles,from the current owner, Thor Equi-ties, which purchased the propertyfor $21 million in 2001. Albee willdemolish the three-story mall,replacing it with below-grade park-ing, nearly 500,000 sq.ft. of retailspace, 125,000 sq.ft. of office space,and 1,000 residential units, 20 per-cent of which are planned for low-and moderate-income residents.
IDA approved financing for theoffice space, planned for floors fivethrough seven, in the amount of$1.2 million in mortgage recordingtax exemptions and $2 million insales tax exemptions. EDC statedthat the new development will cre-ate 1,500 jobs, including 500 officejobs.
Representatives from FamiliesUnited for Racial and EconomicEquality, a local community organ-izing group, and tenants of the cur-rent mall voiced strong oppositionto the project at IDA’s February 8,2007 hearing. “We don’t wantBrooklyn to look like Manhattan,”one speaker declared after arguingthat the small, locally-owned,minority-run businesses currentlylocated in the mall would not be
Landmarks designated both St.Aloysius and All Saints unanimously.
LPC: St. Aloysius Roman CatholicChurch, 213 West 132nd Street (LP-2164); Church of All Saints ParishHouse and School, 47 East 129th Street(LP-2165) (Jan. 30, 2007).
DEPARTMENT OF BUILDINGS
Proposed Rule
Citywide
DOB stiffens rules for con-struction superintendents
Proposed rule would set new qualifi-cations, registration requirementsand suspension rules. The Depart-ment of Buildings proposed stifferrequirements for the designation ofconstruction superintendents on alldemolition and construction jobs.
Under the new rules, Buildingswould not issue demolition orbuilding permits without a desig-nated construction superintendentwho met certain qualifications. Toqualify, the construction superin-tendent must be a licensed profes-sional engineer, a registered archi-tect or a site safety manager certi-fied by Buildings. Alternatively, theconstruction superintendent mustprovide proof of five years of con-struction superintendent experi-ence and seven to ten hours of com-pleted safety courses, or five yearsexperience in the constructionindustry as a mason, carpenter, orbuilding inspector and 50 hours ofappropriate safety courses.
Construction superintendentswould be required to register withBuildings by submitting an applica-tion with proof of qualifications.Under the proposal, Buildings’Commissioner would have thepower to suspend or revoke a con-struction superintendent’s registra-tion for any violation of the BuildingCode, Buildings rules or the ZoningResolution. The Commissionerwould also have the power toimmediately suspend or revoke reg-istration where emergency action is
needed to protect public safety.Buildings would have discretion toimpose fines up to $1,000 on a con-struction superintendent for eachviolation of an applicable rule.
In the event of a suspension,Buildings will stop work on all jobsthat list the suspended constructionsuperintendent unless the permitholder replaces the suspended per-son within five days.
Buildings held its public hear-ing on the proposal on March 1,2007.
City Record, Jan. 30, 2007, at 295.
ECONOMIC DEVELOPMENT CORPORATION
IDA Tax Exemptions
Downtown Brooklyn
$3.2 million tax exemptionawarded Brooklyn developer
Downtown Brooklyn mall to bedemolished for large mixed-useretail, office, and residential center.On February 13, 2007, the New YorkCity Industrial DevelopmentAgency, a component of the NewYork City Economic DevelopmentCorporation, approved financialassistance for the construction of anew 1.8-million-square-foot mixed-use development in downtownBrooklyn to replace the existing
DUFFIELD STREET
DUFFIELD STREET
FLAT
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ALL
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GOLD STREET
WILLOUGHBY STREET
WILLOUGHBY STREET
DELALB AVENUE
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DUFFIELD STREET
FLAT
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WILLOUGHBY STREET
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SITE
The Albee Street Mall on Gold Street will be razed to make way for one of the tallest buildings indowntown Brooklyn. Image courtesy of Greenberg Farrow.
Volume 4 CITYLAND March 15, 2007
31
NYC IDA Hearing, Feb. 8, 2007; NYCEDC Press Release, NYC IndustrialDevelopment Agency to Help Spur NewOffice Space in Downtown Brooklyn,Feb. 13, 2007.
LOFT BOARD
Order
Chelsea, Manhattan
Owner personally liable forcorporate violations
Confusion existed in the closely heldLimited Liability Corporation. In2005, two tenants from 13 E. 17thStreet filed a complaint with theLoft Board, claiming the building’sowner failed to install sprinklers asrequired and requesting fines. Thetenants named Nathan Silversteinas the owner.
In Silverstein’s first letter to theLoft Board, he listed the correctowner as “13 E. 17 LLC,” but allremaining documents, includinghis formal response to the tenants’charges, contained only Silverstein’sname. Silverstein then personallyappeared at the OATH hearing.
OATH ALJ John B. Spooner rec-ommended $7,000 in personalpenalties against Silverstein, andthe Loft Board agreed.
Silverstein applied for recon-sideration, arguing that the LLC wasthe correct building owner and dueprocess required that the penaltiesbe overturned. The Loft Board’sExecutive Director Dianne E. Dixondisagreed and recommendeddenial. Recognizing that Silversteintransferred the property to the LLCin 1999, Dixon claimed that Silver-stein personally qualified as anowner under the City’s MultipleDwelling Law since he was directlyor indirectly in control of thedwelling. Dixon’s recommendationpointed to Silverstein’s direct nego-tiations with the tenants, his nameon permit applications, and the factthat he personally appeared at theearlier OATH hearing.
The Loft Board upheld the per-sonal penalties against Silverstein,
ruling that allowing him to hidebehind the LLC would thwart theMultiple Dwelling Law and thelegalization process.
Nathan Silverstein, Loft Bd. Order No.3100 (Jan. 24, 2007). CITYADMIN.
COURT DECISIONS
Landmarks
Greenwich Village, Manhattan
Sushi Samba fined $500 K forillegal roof structure
Illegal roof space used for 5 yearswhile case was pending. Afterreceiving a Landmarks permit in2000 to add a decorative woodentrellis to its roof garden, owners ofSushi Samba, a Greenwich Villagerestaurant made popular by Sex &The City, instead built a steel-rein-forced trellis that it covered in can-vas roofing, making its second floorusable year round. After receivingwarning letters, Samba applied toLandmarks to legalize the roof;Landmarks denied and a courtupheld its decision. During thisthree-year period, Samba’s secondfloor remained operational year-round.
Landmarks issued 17 NOVsand sued, seeking penalties and theremoval of the illegal roof. With thesuit pending, Samba applied toLandmarks to construct a perma-nent enclosed second floor. Land-marks approved in 2004, setting aJanuary 31, 2007 deadline for com-pleted construction. When Sambastill had its illegal roof in place in thesummer of 2006, Landmarks sought
likely tenants of the new high-endretail space. Two tenants, who testi-fied that they poured their “lastdimes” into their businesses, askedwhy tax payer money and Cityproperty should go to luxury housing. Opponents said the newretail and housing would be tooexpensive to serve the immediatecommunity.
Sushi Samba on Seventh Avenue South in theWest Village shown with its new second storyaddition. Photo: Morgan Kunz.
March 15, 2007 Volume 4 CITYLAND
LETTERS AND COMMUNICATIONS
To the Editor,The article on the designa-
tion of 429 E. 64th Street and 430E. 65th Street as a New York Citylandmark in the February 15,2007 issue of CityLand containedan error in its report on my testi-mony at the hearing of the CityCouncil’s Landmarks Subcom-mittee.
During my testimony, I haddescribed Stahl Real Estate’s pro-posal to redevelop the two desig-nated properties with a buildingof architectural distinction, toinvest in excess of $15 million inthe restoration and moderniza-tion of the previously designatedbuildings on the block, and topreserve in excess of 200 apart-ments within those buildings at rents affordable to middleincome families. CityLand report-ed that I later said, in response toa question by Council MemberJames Oddo, that Stahl was mak-ing this proposal for the first timeat the hearing.
The CityLand report mis-stated my response. What I didsay was that we had presentedthis proposal on an off-the-record basis to a representativeof the community and that wewere told, after that representa-tive had consulted with others inthe neighborhood, that none ofthem had any interest in pursu-ing the proposal. Under the cir-cumstances, we did not take theissue any further.
Paul D. SelverKramer Levin Naftalis & Frankel, LLP
32
the first tower, and that the exten-sions should be reformed to preventan unintended windfall for Regal.
On appeal, the Tax Appeals Tri-bunal reversed, ruling that theextensions could not be reformedand the $1.37 million assessmentwas untimely because it was issuedafter three years. The Tribunalfound that only the auditor mistak-enly believed there was a singleblock and lot. In order to reform theextensions, both parties had to beworking under the same mistakenbelief. The Tribunal found that eventhough Regal referenced only thefirst tower, it knew that there weretwo separate addresses. The Tri-bunal did not consider whether the$36.5 million paid in connectionwith the lease was subject to thetransfer tax.
In the matter of RHM-88, LLC, TAT(E)01-23(RP) (Jan. 4, 2007). CITYADMIN
COURT DECISIONS
City of New York
College Point, Queens
City to pay $9 million forQueens waterfront property
Court rejected City’s lower valuation.As part of its plan to develop awaterfront park, the City in 1996condemned waterfront property inCollege Point, Queens owned byMalba Cove Properties, Inc. Amajority of Malba’s property is
City’s lease interest in thesecond tower. The Cityselected the Regal Hotelschain, which paid $59.1million to acquire the firsttower, $36.5 million for thesecond tower lease, and$1.55 million in transfertaxes.
Regal filed a realproperty transfer taxreturn to report the pur-chase of the first tower.Regal also filed a return toreport the lease, butreported that no transfertax was due because the $36.5 mil-lion was all prepaid rent and nottaxable. In late 1998, the Depart-ment of Finance notified Regal thatit was auditing the transaction andassigned an audit number.
In 2000, Regal filed commercialrent tax returns covering the secondtower lease, but referenced only thefirst tower and the ongoing audit. Asthe statute of limitations neared,Regal and Finance agreed to extendthe transfer tax assessment periodfor one year. The extensions contin-ued to make reference to the firsttower and the ongoing audit. In July2001, right before the extension wasset to expire, Finance assessed $1.37million in transfer taxes on the sec-ond tower lease. Regal appealed,claiming, among other things, thatthe assessment was untimelybecause three years had passedsince the transfer.
A Tax Appeals Tribunal ALJ sus-tained the assessment. The ALJfound that no part of the $36.5 mil-lion was rent, but rather considera-tion subject to the transfer tax. TheALJ further found that the City, theEDC, and Regal intended the $36.5million to affect a transfer of a realproperty interest as part of a singletransaction, consisting of the firsttower’s sale and the second tower’slease. As for the timeliness issue, theALJ found that the time extensionsapplied to both the first and secondtower, that it was a mutual mistakeon the part of both Regal andFinance’s auditor to reference only
a final order and penalties. JudgePaul G. Feinman agreed, orderingSamba to dismantle the roof andpay penalties. Samba appealed theorder and a few months later finallydismantled the roof.
In February 2007, Samba, theCity and the owners of the buildingreached a settlement. Samba willpay the City $500,000 by 2010 with$100,000 due within three monthsof the order. Samba must build theenclosed second floor by May 1,2007 with the assistance of thebuilding’s owners.
City of New York v. Sushi Samba, Stipu-lation of Settlement, Feb. 1, 2007; LPC:87 7th Avenue South (02-4204) (April23, 2002); LPC: 87 7th Avenue South(COFA# 07-2298) (Sept. 26, 2006).CITYADMIN
COURT DECISIONS
City of New York
Tudor City, Manhattan
Hotel chain off the hook on$1.4 million tax bill
Regal Hotels chain appealed a deter-mination that it owed transfer taxesin connection with its UN PlazaHotel deal. In 1997 the City, theUnited Nations Development Cor-poration, and the New York CityEconomic Development Corpora-tion put out a bid for proposals topurchase and operate the UnitedNations Plaza Hotel, currently theMillennium UN Plaza Hotel, situat-ed within two adjacent buildings.The 39-story first tower, known asOne UN Plaza and located at 787First Avenue, has office space on thefirst 26 floors and hotel space on theremaining floors. The second tower,known as Two UN Plaza, is locatedat 322 East 45th Street. The two tow-ers are the same height, have thesame exterior appearance andlobby, and are connected by twopedestrian bridges.
The deal included the sale ofthe City’s property interest in thefirst tower and the transfer of the
Volume 4 CITYLAND March 15, 2007
The two towers of the Millennium UN Plaza Hotel in Tudor City. Photo: Morgan Kunz.
33
underwater and the remainder isconstrained by several mapped, butunbuilt streets.
At the trial to determine theproperty’s value, the City submittedan appraisal estimating the total
value at $890,000. Malba’s appraisalfound it to be $9.8 million if devel-oped for single-family housing and$10.4 million for multi-family devel-opment.
Malba’s zoning experts testi-
fied that the total area of the proper-ty that could be developed wasbetween 77,000 and 105,000 sq.ft.,depending on the type of housingbuilt and the potential to demap theunbuilt streets. The City viewed the
March 15, 2007 Volume 4 CITYLAND
CITYLAND PROFILES
Julie Menin, Manhattan’s CB 1 Chair, talks about one of the City’s fastest growing districts
Comprised of Battery Park City, theFinancial District, South Street Sea-
port, and Tribeca, the neighborhoods ofManhattan Community Board 1 are in themidst of a period of tremendous growthand development. New apartment build-ings are bringing thousands of new resi-dents to the district. At the same time,large redevelopment projects, such asthe World Trade Center, promise to returnmillions of square feet of office spacealong with expanded retail and culturalspaces. Under the leadership of JulieMenin, Community Board 1 is workinghard to “bring a holistic approach” todevelopment, one that takes into accountthe community’s needs. CityLand talkedto Menin about the important issues fac-ing Lower Manhattan and how the Boardis preparing for the future.
A Rising Voice. Menin grew up inWashington D.C. and first moved to theCity to attend Columbia University. Afterobtaining a political science degree, shestudied law at Northwestern University,and then moved back to D.C. to begin hercareer. In 2000, after eight years as aregulatory lawyer, Menin left her practiceand opened Vine, a restaurant located onBroad Street across from the New YorkStock Exchange. After 9/11, her busi-ness, like so many others in the down-town area, suffered economically. Meninsaid Vine and eight other businesses onBroad Street ultimately closed, in partdue to new security measures thatclosed the street.
In October 2001 Menin founded WallStreet Rising, a coalition of businessesand residents dedicated to restoring thecommunity’s vibrancy and vitality. Meninfound that other businesses were facingsimilar issues, and Wall Street Rising’smembership quickly grew to includemore than 30,000 members. Her work
leading the effort gave her a “very stronginterest in community service,” and asthe organization grew, so did her involve-ment in the Lower Manhattan communi-ty. She served on the jury for the GroundZero Memorial, as a Board Member onthe Governors’ Island Alliance, and in2005 she was elected Chair of Manhat-tan Community Board 1.
Proactive Planning. Menin’s majorgoal as Chair is to make the Board“proactive, not reactive.” The communitysupports new development, but it wantssmart growth, not uncontrolled building.When individual ULURP applicationsreach the Board, the 30-day limit offerslittle time for its volunteer staff to suffi-ciently understand the project. Menin’ssolution is to have the Board determinehow it wants development to proceedbefore applications arrive. She envisionsthe Board issuing a “series of whitepapers” that will detail the type of devel-opment it wants in each of Lower Man-hattan’s neighborhoods.
To this end, the Board added two plan-ning experts to its full-time staff. NoahPfefferblit, the new District Manager,brings years of experience working onplanning issues, and Michael E. Levine, thenew Director of Land Use and Planning,spent 30 years as a planner at City Plan-ning. Menin noted that most Boards don’thave Land Use Directors, but she finds itcritical given the complicated issues facingthe district. Menin said that with Pfef-ferblit’s and Levine’s collective experiencewith planning issues, the Board is in agood position moving forward.
Shaping Growth. In February 2007the Board held its first 197-a task forcemeeting. The scope of the plan is not yetclear, but Menin predicted that it willfocus on infrastructure. The communityneeds “more amenities to keep up with
the population growth,” Menin said, list-ing schools and parks as much neededimprovements. One high-priority area forthe community is Greenwich South,located directly below the World TradeCenter. The area has the potential forvery large development due to permis-sive zoning, and Menin wants the Boardto proactively guide development in thearea.
Menin acknowledged that 197-aplans require a lot of time to develop, butshe said that with the Board’s two newplanning experts, 50 dedicated mem-bers, and an active constituency, theBoard is prepared for the challenge.
The WTC Site. The Board’s WorldTrade Center committee, Menin said,actively follows the redevelopmentefforts to ensure that the community’svoice is heard. In some cases, WTC plan-ners responded to community concerns,while in other cases there was “delayand a lack of attention to importantissues.” Menin listed two Board prioritiesas being ignored or delayed. Revitaliza-tion of the Church Street retail corridor ismoving too slowly, Menin said, and theFrank Gehry-designed performing artscenter planned for the WTC site “seemsto have been put on the back burner.”Menin and many other community mem-bers who worked hard to bring tourismand business back to Lower Manhattanconsider these priorities as major con-cerns in the future.
The long delay in starting construc-tion at the WTC site caused “a lot of frus-tration” with the community. In recentmonths, however, “things are pickingup,” Menin observed, and she is excitedfor the future of the WTC site and the dis-trict as a whole.
— Morgan Kunz
34
developable area as 36,018 sq.ft. Thedifference between the estimatesreflected the parties’ conflictinginterpretations of the City’s zoningand waterfront regulations. Malbaclaimed that the required yardspace could be measured from thehigh water line while the City said itshould be measured from analleged man-made erosion wall onthe property. Malba added that theCity submitted lower property valuecomparables since none of its com-parables were on the waterfrontand three were in Far Rockaway.Finally, Malba objected to the City’scharacterization of the property asbeing located in College Point; itclaimed it was located in theupscale waterfront neighborhoodof Malba, Queens.
Justice Abraham G. Gergesdetermined the value to be $9 mil-lion and ruled that the City failed toprove the existence of the man-made erosion wall. Malba correctlymeasured the developable lot areafrom the high water line. JudgeGerges found both parties’ compa-rables for multi-family housing tobe inapplicable and based his final
conclusion on Malba’s single-familyhousing comparables.
In re Powell’s Cove EnvironmentalWaterfront Park, 2007 N.Y. Slip Op.50267(U) (QueensCty.Sup.Ct. Feb. 15,2007) (Gerges, J.).
COURT DECISIONS
MTA
Upper East Side, Manhattan
Second Ave. Subway con-demnation moves along
Challenge by hotel and commercialowner rejected by court. In the sum-mer of 2006, the MTA initiated thecondemnation needed for the firstphase of the Second Avenue Sub-way, the construction from East63rd to East 96th Street. After hold-ing a hearing and issuing final find-ings, the MTA requested a court tofinalize its condemnation plan byallowing it to file a final map andauthorize vesting.
Condemnees The MarmaraManhattan, an East 94th Streethotel, and MacArthur Properties, a
landlord of several commercialbusinesses, challenged the MTA’srequest, claiming the petition wasinvalid since MTA failed to includethe City as a necessary party.MacArthur alleged that the Citydenied sidewalk cafe permits to itsSecond Avenue tenants due to theMTA’s condemnation plan. Thismade the City a necessary party andentitled MacArthur to due compen-sation. Marmara claimed MTA’shearing was inadequate.
Justice Walter B. Tolub deniedboth condemnees claims, explain-ing that the parties could only raiseprocedural challenges to MTA’srequest to file a final map. Chal-lenges to the hearing needed to beraised within 30 days of MTA’s finalpublished findings, which Marmaramissed even though it participatedin the hearing. Justice Tolub advisedMacArthur that if it had a claimagainst the City due to the deniedsidewalk cafe permits, it should filea separate claim.
In re Metropolitan TransportationAuthority, N.Y.L.J., Feb. 26, 2007 at 22(N.Y.Cty.Sup.Ct. Feb. 14, 2007) (Tolub, J.).
Volume 4 CITYLAND March 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 – February 2007*
