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October 15, 2009 Volume 6 CITYLAND 133

OCTOBER 15, 2009 center for new york city law VOLUME 6, NUMBER 9

CITYLAND

County Courthouse and BoroughHall, and is near the Melrose Com-mons Urban Renewal Area. The cor-ridor has easy access to mass transitincluding the 4, B, and D subwaylines, and the Metro-North rail line.The area has experienced limitedresidential development and com-mercial expansion largely due to itszoning, which had remained mostlyunchanged since 1961. The planseeks to encourage the developmentof affordable housing, promotecommercial expansion, andstrengthen the area’s overall appeal.

The area’s Residential Node islocated on one full block north of161st Street between Morris and ParkAvenues in the area’s eastern portionnear the Melrose Commons. It ischaracterized by one-story commer-cial buildings, low-rise detached res-idential buildings, and a six-storyresidential structure. To facilitateaffordable housing and expandcommercial uses the plan rezonesthe block from R7-1 to R8A, appliesthe City’s Inclusionary Housing Pro-gram, and extends

Highlights

CITY COUNCILSouth Bronx rezoning OK’d . . . .133Sunset Park rezoned . . . . . . . . . . .135New housing in Wallabout . . . . .136Fort Greene mixed-use project . .137

CITY PLANNING COMMISSIONCity Island project approved . . .138MoMA tower reduced . . . . . . . . . .138

BOARD OF STANDARDS & APPEALSCommercial variance denied . . .139Variance in Long Island City . . .140

LANDMARKSRidgewood North HD . . . . . . . . . .141SoHo-Cast Iron HD bus bulbs . .142Chabad conversion approved . .142Tribeca hotel expansion app’d . .143Staten Island flats designated . .143SoHo demolition OK’d . . . . . . . . .143

DEPARTMENT OF HOUSINGPRESERVATION & DEVELOPMENT

Cornerstone Program audited . .144

CITYLAND PROFILEJoshua Benson . . . . . . . . . . . . . . . .145

CHARTSDCP Pipeline . . . . . . . . . . . . . . . . .136ULURP Pipeline . . . . . . . . . . . . . .138BSA Pipeline . . . . . . . . . . . . . . . . . .140Landmarks Actions . . . . . . . . . . . .141Landmarks Pipeline . . . . . . . . . . .142Citylaw.org New Decisions .146 – 47

CITY COUNCIL

Rezoning/Text Amendment

West Concourse, Bronx

Yankee Stadium area rezoning approved

Approved plan rezones 161st Streetand River Avenue corridor and estab-lishes new C6-3D commercial zoningdistrict. On September 30, 2009, theCity Council approved the Depart-ment of City Planning’s proposal torezone areas along 161st Street andRiver Avenue in southwest Bronx.The rezoning impacts portions ofeight blocks in three separate areaswithin the heart of the borough’scivic center, described as the Resi-dential, Civic, and Transit Nodes. Thebroad rezoning area is generallybounded by 162nd Street to thenorth, 153rd and 159th Streets to thesouth, Park Avenue to the east, andRiver Avenue to the west.

The corridor is surrounded by avariety of land uses including thenew Yankee Stadium, the Bronx

Mixed-use development near Brooklyn Navy Yard approved. See story on page 136. Image: Courtesy FXFOWLE Architects.

(cont’d on page 135)

CITYLAND

134 Volume 6 CITYLAND October 15, 2009

CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL

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

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

Ross SandlerProfessor of Law and Director,Center for New York City Law

Frank Berlen ’07Associate DirectorManaging Editor

Peter Schikler ’08CityLand Editor

Bradley McCormick ’09Melissa Wagner ’08Matthew A. Windman ’09Fellows

Lebasi LashleyArt DirectorPetting Zoo Design

Jesse DennoStaff Writer, Production Asst.

Kristin DagganAdministrative Coordinator

Kelly Browne ’10Nicole Nahas ’10Student Writers

The Center expresses appreciation to the

individuals and foundations supporting the

Center and its work: The Steven and Sheila Aresty

Foundation, Fund for the City of New York,

The Durst Foundation, The Charina Endowment

Fund, The Murray Goodgold Foundation,

Jerry Gottesman, The Marc Haas Foundation and

The Prospect Hill Foundation.

CITYLAND (ISSN 1551-711X) is published 11 timesa year by the Center for New York City Law at NewYork Law School, 57 Worth St., New York City, NewYork 10013, tel. (212) 431-2115, fax (212) 941-4735,e-mail: [email protected], website: www.city-law.org © Center for New York City Law, 2009. Allrights reserved. Printed on recycled paper. Mapspresented in CITYLAND are from Map-PLUTOcopyrighted by the New York City Department ofCity Planning. City Landmarks and Historic Dis-tricts printed with permission of New York CityLandmarks Preservation Commission.

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

CITYLAND ADVISORY BOARD

Kent Barwick Andrew BermanMolly BrennanAlbert K. Butzel

Howard GoldmanDavid KarnovskyRoss Moskowitz ’84Frank Munger

Carol E. RosenthalMichael T. SillermanPaul D. Selver

COM M E NTARY

The City should now make bike safety a priorityAs I crossed a street near my apartment recently, a swiftly moving bike rider illegally ran the traffic light,

swerved around me, and kept going. I found myself shouting at his disappearing back, “You ran the light!” Ashe disappeared without even a gesture, I thought to myself that I was becoming one of those New York Citycrazies who shout at rule-breaking bikers, dog owners, and sidewalk litterers. But then I thought rule-break-ing bikers are different; they are really dangerous and should be shouted at.

Biking and bike lanes have wide support for many good reasons as set out in this issue’s Profile of DOT’schief bike official. And DOT and the Bloomberg Administration are to be applauded for the many novel bikeinnovations they have implemented such as protected bike lanes on Eighth and Ninth Avenues in Manhat-tan, the abundant use of white paint to graphically alert drivers to bike lanes, and the green-colored asphalthighlighting the existence of a bike lane. I estimate that on some streets with bike lanes, bikers account foras much as 25 percent or more of the vehicular traffic at certain hours.

Given this increase in biking, not nearly enough has been done to make bikers behave more civilized.Enforcement is virtually non-existent when measured against the number of rule breakers. In 2004 a bikeadvocacy group reported that of the 25,000 bicycling-related summonses issued annually by the NYPD, onlyabout 5,000 went to bikers. Recently the same organization reported that there had been a steep fall off fromthat low number. Neither DOT nor the NYPD provide enforcement data on a regular basis.

Bikers raise many traffic management and safety issues. For example, when a car in the left lane of a oneway street attempts to make a legal left turn, and a biker in a bike lane silently and unexpectedly swerves pastthe left turning vehicle, who has the right of way? The car in the left turning lane or the biker in the bike lane?

The Parks Department bans bike riding in many crowded parks like Washington Square, and managesbike riders and pedestrians in other parks, while DOT attempts to manage mixed bike and pedestrian laneson bridges. Similar work is needed to put the streets under equally safe management.

Ross Sandler

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a C2-4 commercial overlay to theentire block.

The Civic Node is located in thecenter of the rezoning area betweenGrand Concourse and MorrisAvenue and is anchored by the BronxCriminal Court Complex and theHall of Justice. Surrounding the area’scivic buildings are a parking lot andparking garage, low-scale retail andoffice uses, and two 10-story officebuildings. To encourage high-densi-ty commercial and office develop-ment consistent with existing uses,and prevent light industrial andautomotive uses, the plan rezonesthe area’s R8, C8-3, and C4-6 districtsto a C6-2 district.

The Transit Node, defined as theblocks on River Avenues from 153rdand 162nd Streets, and 161st Streetfrom River Avenue to Walton Avenue,is across the street from the stadiumand includes the elevated subwaylines and the Metro-North MelroseStation. The area consists of one-andtwo-story commercial buildings,seasonally operated sports bars, andsurface and enclosed parking. Tofacilitate residential and commercialdevelopment, the plan replaces thearea’s C8-3 and R8/C1-4 zoning withthe newly created C6-3D district. Thenew district allows commercial andcommunity facility uses with a max-imum permitted FAR of 9.0. In addi-tion, under the Inclusionary Hous-ing Program, developers can reach amaximum residential FAR of 10.0.

Planning designed the C6-3Ddistrict to facilitate tower develop-ment adjacent to elevated train lines,but limits a building’s base height to15 to 25 feet on sites that front an ele-vated train. Developers on these siteswould also be required to provide acorner setback to create additionalpedestrian circulation space.

At the Council’s Zoning & Franchises Subcommittee hearing,Carol Samol, Director of Planning’sBronx office, said the proposal wasan important component in MayorBloomberg’s South Bronx Initiative.She testified that the rezoning wouldattract private investors to the area

October 15, 2009 Volume 6 CITYLAND

area’s predominantly residentialcharacter. The plan replaces theneighborhood’s R6 zoning with con-textual zoning districts — R4A, R4-1,R6B, R6A, and R7A — that match thearea’s context and also establishmaximum height limits. The planincludes applying R6B zoning to por-tions of 121 residential side streetsand rezoning 101 partial commercialblocks along Fourth and SeventhAvenues to R7A. To promote the con-struction of affordable housing, theCity’s Inclusionary Housing Programwill apply to the R7A district.

At the City Planning Commis-sion’s July 1 hearing, representativesof the Sunset Park Alliance of Neigh-bors (SPAN) testified in opposition.They claimed that Planning did notproperly consider the potential dis-placement of current residents. Res-idents argued that height limitsalong the avenues were too high andwould block views of downtownBrooklyn. The Commissionapproved the plan without modifica-tions, noting that it had been refinedthrough a thorough public review. 6CityLand 122 (Sept. 15, 2009).

Opposition remained when theproposal reached the Council’s Zon-ing & Franchises Subcommittee

to address the community’s needsfor low- and moderate-income housing and would unify the 161stStreet corridor.

The Subcommittee unani-mously supported the proposal, andthe Land Use Committee and fullCouncil followed suit.

Review ProcessLead Agency: CPC, FEISComm. Bd.: BX 4, App’d, 10-2-3Boro. Pres.: App’dCPC: App’d, 11-0-0Council: App’d, 48-0-3

Council: 161st Street Rezoning (N090364 ZRY – text amend.); (C 090365ZMX – rezoning) (Sept. 30, 2009).

CITY COUNCIL

Rezoning/Text Amendment

Sunset Park, Brooklyn

Sunset Park rezoning approved

Community groups expressed con-cern that 128-block rezoning woulddisplace low-income residents. OnSeptember 30, 2009, the City Councilapproved the Department of CityPlanning’s proposal to rezone 128blocks of Brooklyn’s Sunset Park inorder to address recent out-of-scaledevelopment inconsistent with the

161st Street/River Avenue Rezoning Proposal used with permission of the New York City Departmentof City Planning. All rights reserved.

136

CITY COUNCIL

Rezoning/Special Permit

Wallabout, Brooklyn

Mixed-use project near NavyYard approved

Located on former prison site, thecomplex will provide affordable andspecial needs housing.On September30, 2009, the City Council approvedthe Department of Housing Preser-vation and Development's proposalto facilitate the construction of a 455-unit complex, known as Navy Green,in Brooklyn’s Wallabout neighbor-hood. The 461,449 sq.ft. mixed-usedevelopment will be located on mostof the block bounded by FlushingAvenue to the north, the Brooklyn-Queens Expressway to the south,Vanderbilt Avenue to the east, andClermont Avenue to the west. DuringWorld War II, the Navy operated aprison on the site and the City’sDepartment of Correction used thestructure before its 2005 demolition.

Dunn Development and L&MDevelopment Partners’ proposal forthe site includes four multi-familybuildings and 23 four-story town-houses. The developers will buildtwo 12-story structures on FlushingAvenue that will step down to eight-stories as they wrap around the cor-ners of Clermont and VanderbiltAvenues, respectively. The plan callsfor constructing 10 four-story town-houses along Clermont Avenue, and13 townhouses on VanderbiltAvenue. An eight-story structure willbe built on the southern portion ofClermont Avenue, and anothereight-story building will be locatedalong the southern portion of Vanderbilt Avenue. This building will provide 95-units of housing forlow-income singles and specialneeds housing, targeting formerlyhomeless adults who suffer frommental illness.

To facilitate the project’s devel-opment, HPD requested a disposi-tion of City-owned property, that thesite be rezoned from M1-2 to an

Volume 6 CITYLAND October 15, 2009

hearing. Community groups reiterat-ed concerns that new constructionresulting from the rezoning woulddisplace low-income residents andthat tenants required more protec-tions. A representative from SPAN tes-tified that the rezoning process lackedtransparency and that BrooklynCommunity Board 2 had ignored theconcerns of low-income and minori-ty residents opposed to the plan.

Council Member Robert Jack-son asked Purnima Kapur, Directorof Planning’s Brooklyn office, aboutrequests from residents and com-munity groups that Planning includeanti-harassment provisions to pro-tect tenants from displacement.Kapur stated that Planning did notbelieve the rezoning would lead toharassment and that existing lawswould sufficiently protect tenants.She said that Planning will work withBrooklyn Borough President MartyMarkowitz and Council MemberSara M. Gonzalez, whose districtincludes Sunset Park, to increase the

community’s awareness about ten-ant rights against landlord harass-ment. The hearing was closed with-out a vote.

The Subcommittee approvedthe plan when it reconvened on Sep-tember 24, with only Chair Tony Avel-la voting no. The Land Use Commit-tee then approved the proposal, withCouncil Member Charles Barronjoining Avella in opposition. Barronexplained his vote, stating that hewanted to provide “a voice” to the res-idents of Sunset Park that have majordisagreements with the rezoning.

The full Council approved theproposal, with Avella and Barron asthe only no votes.

Review ProcessLead Agency: CPC, Neg. Dec.Comm. Bd.: BK 7, App’d, 34-0-1Boro. Pres.: App’dCPC: App’d, 13-0-0 Council: App’d, 46-2-3

Council: Sunset Park Rezoning (C090387 ZMK – rezoning); (N 090386ZRK – text amend.) (Sept. 30, 2009).

CITY PLANNING PIPELINE

New Applications Filed with DCP — September 1 - 30, 2009APPLICANT PROJECT/ADDRESS DESCRIPTION ULURP NO. REPRESENTATIVE

ZONING TEXT AND MAP AMENDMENTS

NYCHA Highbridge Gardens, BX Discont. & close portions of avenues 100099MMX

SPECIAL PERMITS/OTHER ACTIONS

433 Broadway LLC 433 Broadway, MN Special permit (change floor uses) 100101ZSM Greenberg Traurig

HPD 152 E. 116th St., MN Auth. to incr. fl. area & decr. open sp. 100095ZAM

G.B.G. Inc. 166 Marine St., BX Mod. of restrictive declaration 100087CMX Kaye Scholer

Delafield 248 Corp. 680 W. 246th St., BX Mod. restr. dec. (develop 22 units) 800366CZSX Kramer Levin

NYCHA 1463 Hoe Ave., BX Mods. LSRD to build three res. bldgs. 850661AZAX;and a church 100094ZAX

CAS 45-02 Ditmars Blvd., QN Lease 1500 sq.ft. of office space 100108PXQ

Fran-Dot Holding 157-41 Cross Bay Blvd., QN Cert. construct 23-story comm. bldg. 100102ZCQ T.F. Cussanelli

Joseph Laforgia 28 Helena Rd., SI Follow-ups to cancel restricted 100084CMR; Glen Cutrona declaration 910529AZAR

LPC Fairview, Forest, Gates Aves., QN Landmark (Ridgewood North HD) 100104HKQ

LPC 411 Westervelt Ave., SI Landmark (Horton’s Row) 100105HKR




DEP/CAS Hannah, Front, Bay Sts., SI Site selection to repl. 2 water siphons 100110PSR

John Dinaso 4143 Hylan Blvd., SI Auth. to mod. topo. for retail bldg. 100092RAR; Land Planning PCw/ off street prkg.; cert. for arterials 100093RCR

NYS OASAS 460 Brielle Ave., SI Auth. to renovate existing bldg. 100088ZAR

Elzbieta Cieslik 32 Holsman Rd., SI Auth. to enlarge 1-family home 100103ZAR Charles Magrino

Frank Petruzzi 312 Ocean Terrace, SI Auth. to build 1-family home 100086ZAR Calvanico Assoc.

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Avenues in Brooklyn’s Fort Greeneneighborhood. The loft building ismostly vacant, containing only limit-ed telecommunications uses.

GFI will convert the loft build-ing’s ground floor to retail space andfill in its interior courtyards toincrease available commercialspace. The new mixed-use buildingwill replace an accessory surfaceparking lot and provide 376 residen-tial units, 85 of which will be afford-able. The new building will have a 69-foot base height along Fulton Streetand will rise to a midblock height of133 feet through a series of setbacks.It will also provide 32,358 sq.ft. ofground floor retail space and a two-story, 397-space accessory parkinggarage below the new building.

To facilitate the project, GFIsubmitted multiple applications,including rezoning the site from anM1-1 and R6/C2-3 district to a C6-3Adistrict. The C6-3A district permitslarger retail stores than allowedunder the prior zoning and its build-ing envelope more adequatelyreflects the loft building, whichranges from 94 to 135 feet. GFIapplied for bulk regulation waiversto increase design flexibility inresponse to the block’s irregularshape and requested that an Inclu-sionary Housing Program-designat-

R8/C2-4 district, and height and set-back waivers for the project’sfrontages along Vanderbilt, Cler-mont, and Flushing Avenues.

The City Planning Commissionapproved the proposal with onemodification. Expressing concernsthat the disposition of land and subsequent rezoning could lead toan inappropriately-scaled develop-ment, the Commission restricted thedisposition to the current project as proposed.

When the proposal reached theCouncil’s Zoning & Franchises Sub-committee hearing, Council Mem-ber Letitia James, whose districtincludes Wallabout, expressed hersupport for the project. James notedthat 65 percent of the project’s 455-units would be affordable to house-holds with incomes at or below 80percent of the area median income,and urged her colleagues to approvethe plan.

The Subcommittee unani-mously approved the proposal, andthe Land Use Committee and the fullCouncil followed suit.

ULURP ProcessLead Agency: HPD, Neg. Dec.Comm. Bd.: BK 2, App’d, 37-0-1Boro. Pres: App’dCPC: App’d, 11-0-0Council: App’d, 48-0-3

Council: Navy Green (C 090446 HAK –UDAAP); (C 090444 ZMK – rezoning);(C 090445 ZSK – spec. perm.) (Sept. 30,2009).


CITY COUNCIL


Fort Greene, Brooklyn

Loft development approved

Project will provide 376 residentialunits, 616,555 sq.ft. of commercialfloor area, and up to 397 under-ground parking spaces. The CityCouncil approved GFI DevelopmentCompany’s proposal to build a new12-story mixed-use building andexpand and renovate an existing 10-story loft building located on a fullblock bounded by Fulton Street andVanderbilt, Atlantic, and Clermont

New mixed-use development at 470 Vanderbilt Avenue. Image: Courtesy Goldstein Hill & West Archi-tects/Costas Kondylis & Partners.

Proposed Navy Green development along Vanderbilt Avenue between Flushing and Park Avenues. Image: Courtesy FXFOWLE Architects.

138

homes. The height waiver wouldallow the developer to provide livingspace on the second and third floorsinstead. Residents opposed to theproject expressed concern that theproject’s height would violate thecharacter of City Island and set a bad precedent. 6 CityLand 121(Sept. 15, 2009).

The Commission unanimouslyapproved the proposal. It stated thatdue to the site’s sloping topography,the 17 homes that will exceed theheight limit would not appear tallerthan the fives homes proposed alongFordham Place. The Commissionnoted that after its public hearing thedeveloper changed the project’sdesign by agreeing to line up thehomes along Fordham Place withthe 17 homes within the develop-ment to increase the view corridors.The Commission required the devel-oper to record a restrictive declara-tion precluding it from buildingmore than 43 residential units orproviding any community facilityuses unless it could demonstratethat the additional developmentwould not result in significant envi-ronmental impacts.

The City Council has until Octo-ber 29, 2009 to approve the project.

ULURP ProcessLead Agency: CPC, Neg. Dec.Comm. Bd.: BX 10, App’d, 27-0-3Boro. Pres.: App’dCPC: App’d, 10-0-1Council: Pending

CPC: On the Sound on City Island (C060288 ZMX – rezoning); (C 060289 ZSX– spec. perm.) (Sept. 9, 2009).

CITY PLANNING COMMISSION

Special Permits

Midtown, Manhattan

New MoMA tower, reducedby 200 feet, approved

Commission expressed doubts aboutwhether Jean Nouvel-designed tower should equal Empire State Building. On September 9, 2009, the City Planning Commissionapproved a modified version of




City Island, Bronx

City Island housing develop-ment heads to Council

Despite height concerns,Commissionapproves City Island residentialdevelopment abutting eastern shoreof Long Island Sound. On September9, 2009, the City Planning Commis-sion approved City Island Estates’proposal to build a new residentialdevelopment abutting the easternshore of Long Island Sound at 226Fordham Place on City Island. The43-unit project includes 21 two-fam-ily side-by-side detached residencesand one single-family detachedhome. The only current activity onthe lot is a marine salvage and smallrepair business.

To facilitate the project, thedeveloper applied for a waiver of theSpecial City Island District’s 35-footheight requirement in order to build17 of the 21 two-family homes up to41.5 feet in height. The developeralso proposed rezoning the site andan adjacent lot from M1-1 to R3A.

At the Commission’s July 22public hearing, the developer’s attor-ney testified that the project site islocated in a 100-year floodplain. Dueto concerns over flooding, the devel-oper could not provide ground floorliving space in 17 of the two-family

ed area adopted for the FortGreene/Clinton Hill rezoning in2007 be extended one block toinclude the project site.

After the City Planning Com-mission’s public hearing on July 22,2009, GFI revised its proposal toallow up to 60,000 sq. ft. of the loftbuilding to be used as communityfacility space. The revised proposalreflected communications betweenGFI and two public schools that maybe interested in relocating to the site.The Commission unanimouslyapproved the revised proposal.

At the Council’s Zoning & Fran-chises Subcommittee hearing,Council Member Letitia James,whose district includes the projectsite, expressed her support for theapplication, noting that it would pro-vide affordable housing and encour-age commercial development alongFulton Street.

The Subcommittee and LandUse Committee approved the plan,and the full Council followed suit onSeptember 30, 2009.

Review Process:Lead Agency: CPC, Neg. Dec.Comm. Bd.: BK 2, App’d, 38-0-0Boro. Pres.: App’dCPC: App’d, 11-0-0Council: App’d, 48-0-3

Council: 470 Vanderbilt (C 090443 ZSK –spec. perm.); (C 090441 ZMK – rezon-ing); (N 090442 ZRK – text amend.)(Sept. 30, 2009).

ULURP PIPELINE

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

W. 44th Street and Rezoning; zoning text amend.; MN 4 100051ZMM; 9/8/2009Eleventh Avenue special permits; UDAAP and dispose N100052ZRM;

of City property 100053ZSM;100054ZSM;100055HAM

Hopkinson Ave. UDAAP, dispose of City prop. BK 16 100067HAK 9/8/2009

145 Hudson St. Special permit; Chairperson certification MN 1 070223ZSM; 9/20/2009N090510ZCM

57 Greene Street Special permit MN 2 090100ZSM 9/20/2009

73 Sullivan St. Rezoning MN 2 100026ZMM 9/20/2009

Richmond Cr. Bluebelt Acquisition of property SI 2 100071PCR 9/20/2009

Sandy Ground Rezoning SI 3 090042ZMR 9/20/2009

Brookfield Landfill Acquisition of property; SI 3 060028PQR; 9/20/2009disposition of property 060029PPR

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MoMA. The Commission stated,however, that Hines did not make aconvincing argument that thetower’s top merited reaching theEmpire State Building’s “iconicspire.” It pointed out that the tower’smodified height would be moreappropriate for the Midtown skylineand area surrounding the site. TheCommission also noted that Hinesmust return for certification that theproject’s revised design complieswith the approved modifications.

The City Council is expected tovote on the proposal at its meetingscheduled for October 14, 2009.

ULURP ProcessLead Agency: CPC, FEISComm. Bd.: MN 5, Den’d, 30-9-1Boro. Pres.: App’dCPC: App’d, 9-0-2Council: Pending

CPC: 53 West 53rd Street/MoMA (C090431 ZSM – spec. perm.); (C 090432ZSM – spec. perm.) (Sept. 9, 2009).

BOARD OF STANDARDS & APPEALS

Variance

Midland Beach, Staten Island

Variance denied: ownersought commercial use

Owner sought to develop a one-storybuilding on a corner lot formerlyoccupied by two-story single-familyhome. The owner of a vacant lot atthe corner of Midland Avenue andFreeborn Street in Staten Islandapplied for a use variance to con-struct a one-story commercial build-ing. A two-story single-family homeformerly occupied the 60 x 87 footsite, which consisted of two separatelots that were merged in 2008.

The owner claimed that the lot’sshallow depth and the area’s com-mercial nature, which included several automotive businesses anddry cleaners, constrained residentialdevelopment. The owner cited Midland Avenue’s heavy traffic andthe lot’s proximity to the border of a100-year floodplain as additionalconditions making an as-of-right

floor that would connect internallyto its neighboring building. A hotelwould occupy floors eight through17, providing 147,945 sq.ft. of spacefor approximately 167 rooms, andfloors 19 through 81 would provide458,412 sq.ft. of residential space.The hotel’s lobby would occupy theground floor, and it would use thecellar-space as a restaurant. Hineswould build a residential entranceon West 54th Street.

Hines requested special per-mits to transfer 136,000 sq.ft. ofunused floor area from the land-marked University Club located atthe corner of West 54th Street andFifth Avenue and 275,000 sq.ft. offloor area from St. Thomas Church,and for waivers to height and setbackrequirements. The transfers requiredLandmarks’ approval of continuingmaintenance plans for the Universi-ty Club and St. Thomas Church,which Hines obtained in 2008. 5 City-Land 76 (June 15, 2008).

At the Commission’s July 22,2009 public hearing, the project’sarchitect, Jean Nouvel, stated that hisambition was to create a “new land-mark for the City.” Residents andelected officials speaking in opposi-tion expressed concerns about thetower’s overall size and its impact onthe neighborhood. Assembly Mem-ber Richard N. Gottfried testified thatpermitting the tower on a mid-blocklocation violated the basic principlesof “good urban planning.” He saidthe University Club and St. ThomasChurch were not in danger of deteri-oration and that it was wrong foreither landmark to finance its opera-tions by transferring floor area toHines and imposing the burden ofthe proposed tower on its neighbors.

The Commission’s approvalmodified the proposal by reducingthe tower’s proposed height by 200feet. The Commission noted that the tower’s tapered and sculpteddesign would be a “strong” additionto the City’s architecture, and thatthe project would help fund andmaintain two landmarks while alsoproviding expanded gallery space for

Hines Interests’ proposal to build an85-story, 1,250-foot tall mixed-usedbuilding, which would reach theEmpire State Building’s height belowits antenna, adjacent to the Museumof Modern Art complex at 53 West53rd Street in Midtown, Manhattan.The 19,615 sq.ft. through-block siteis located in the Special MidtownDistrict, and portions of its zoning lotare within four zoning districts: theC5-2.5, C5-3, C5-P, and C6-6 districts.The MoMA complex, the land-marked St. Thomas Church, theAmerican Folk Art Museum, and theMuseum Tower condominiums areall located on the project’s zoning lot.

Hines’ proposal called for a658,306 sq.ft. tower that wouldinclude museum, hotel, and residen-tial uses. MoMA would create a51,949 sq.ft. gallery and exhibitionspace on the second through fifth


Hines Interests’ proposed tower at 53 West53rd Street. Image: Ateliers Jean Nouvel.

140

ance to build a 12-story, 99-unit hotelat 42-59 Crescent Street, an irregular-ly shaped vacant lot in Long IslandCity, Queens. During the hearingprocess, the owner modified andreduced the 35,109 sq.ft. project inorder to build a 10-story buildingwith 88 hotel units. The owner stillrequired a variance because the proj-ect would exceed the M1-5/R7-3zoning district’s permitted floor areaby 5,493 sq.ft.

At BSA, the owner claimed thelot was inappropriate for a residen-tial use because it is adjacent to anoisy and heavily-travelled Queens-boro Bridge entrance ramp overpass.The owner argued that the 4,414sq.ft. lot’s small size and irregularshape would limit the number ofrooms per floor and submitted astudy demonstrating that an as-of-right hotel development would gen-erate a negative rate of return. Theowner further argued that the site’sclose proximity to below groundMTA construction created addition-al hardship due to the developmentcosts needed to avoid adverselyaffecting the MTA construction.

BSA granted the variance, finding that the owner could notdevelop a complying building thatwould provide a reasonable eco-nomic return. It disagreed that the subsurface MTA constructionshould be considered a unique physical condition, pointing out that the construction affected a significant number of other proper-ties in the area. However, BSAacknowledged that the additionalcosts associated with avoidingadversely affecting the subsurfaceconstruction were legitimate coststhat would factor into its analysis ofthe owner’s ability to realize a rea-sonable rate of return.

BSA: 42-59 Crescent Street, Queens(173-08-BZ) (Aug. 25, 2009) (Rothkrug,Rothkrug & Spector, for Royal One RealEstate LLC). CITYADMIN

development difficult.BSA denied the application,

noting that the corner lot’s regularrectangular shape provided theowner with at least two alternativesfor orienting two complying semi-detached homes, including facingMidland Avenue with a depth of 87feet or facing Freeborn Street with adepth of 60 feet. BSA said the ownerdid not supply evidence showing thelot’s size constrained residentialdevelopment, pointing out that the5,220 sq.ft. site was larger than theaverage site within a 400-foot radius.

BSA rejected the owner’s asser-tion regarding the area’s commercialnature, pointing out that other thanfour small businesses fronting Mid-land Avenue, the subject block con-sisted entirely of residential uses. It also rejected the assertion thatproximity to a floodplain created ahardship, noting that restrictions

on ground floor residential usewould not prevent the owner frombuilding two habitable semi-detached three-story homes. Lastly,BSA found that Midland Avenue’stwo lanes of traffic did not qualify asa unique condition.

BSA: 546 Midland Avenue, Staten Island(241-08-BZ) (Sept. 22, 2009) (Rothkrug,Rothkrug & Spector, for DevonshireEnterprises Inc.). CITYADMIN


Variance

Long Island City, Queens

Variance for hotel granted

Owner claimed that lot’s irregularshape and close proximity to Queens-boro Bridge entrance ramp limiteddevelopment choices. Royal One RealEstate LLC applied to BSA for a vari-


BSA PIPELINE

New Applications Filed with BSA — September 1 - 30, 2009

APPLICANT PROJECT/ADDRESS DESCRIPTION APP. NO. REPRESENTATIVE

VARIANCES

NYC 1155 E. Tremont Ave., BX Construct 2 buildings 267-09-BZ HPD

NYC 1176 E. Tremont Ave., BX Const. 10-story bldg. 268-09-BZ HPD

Jack Kameo 1910 Homecrest Ave., BK Permit 1-family dwelling 270-09-BZ Richard Lobel

Cornerstone Res. 117-40 125th St., QN Const. 1-fam. dwelling (yard) 273-09-BZ Rothkrug Rothkrug

Kearny Realty 101-03 Astoria Blvd., QN Legalize 3 dwellings 254-09-BZ– Ivan F. Khoury256-09-BZ

SPECIAL PERMITS/OTHER ACTIONS

Jehoshua Cohen 1938 E. 12th St., BK Front, rear enlargements 269-09-BZ Dennis D. Dell’Angelo

Joseph Ashkenazi 927 Flatbush Ave., QN Legalize phys. cult. est. 264-09-BZ Moshe M. Friedman

Jangla Realty 53-00 65th Pl., QN Install telecom facility 253-09-BZ MetroPCS NY

McDonald’s Corp. 114-01 Sutphin Blvd., QN Const. 62-ft. telecom facilty 266-09-BZ T-Mobile Northeast

132-40 Metropolitan 132-40 Metropolitan, QN Legalize phys. cult. est. 271-09-BZ Sheldon Lobel PC

Bob Roberts 32-62 Steinway St., QN Re-est. phys. cult. est. perm. 272-09-BZ Jeffrey A. Chester

APPEALS

Gani Realty 2788 Grand Concourse, BX N/A 252-09-A Marc A. Chiffert

Di Lorenzo Realty 3920 Merritt Ave., BX Mod. c of o (sprinkler) 274-09-A FDNY

Goldwise Realty 1801 51st Ave., BK Mod. c of o (sprinkler) 275-09-A– FDNY278-09-A

Breezy Pt. Co-op 711 Bayside Dr., QN Bldg. in mapped st. bed 262-09-A Joseph A. Sherry

Breezy Pt. Co-op 28 Tioga Walk, QN Bldg. in mapped st. bed 263-09-A Joseph A. Sherry

Breezy Pt. Co-op 165 Ocean Ave., QN Reconst., enlg. 1-fam. dwelling 265-09-A Gary D. Lenhart

EXTEND CONSTRUCTION PERIOD

Isteak Rumi 88-36 144th St., QN Ext. time to compl. const. 257-09-BZY– Gouranga C. Kundu258-09-BZY

Isteak Rumi 88-30 144th St., QN Ext. time to compl. const. 259-09-BZY– Gouranga C. Kundu260-09-BZY

141October 15, 2009 Volume 6 CITYLAND

Renaissance and Romanesque-revival style design. Elected officialsand preservation groups, includingrepresentatives of the Greater Ridge-wood Restoration Corporation, theRidgewood Property Owners CivicAssociation, and the New York Land-marks Conservancy all testified insupport of designation.

LANDMARKS PRESERVATIONCOMMISSION

Designation

Ridgewood, Queens

Ridgewood North HistoricDistrict designated

District’s “Mathews Model Flats”attracted German immigrants livingin Bushwick, Williamsburg, andLower East Side. On September 15,2009, Landmarks voted to designate96 buildings in Ridgewood, Queensas the Ridgewood North HistoricDistrict. G.X. Mathews Companyand Louis Allmendinger designedand developed the area in 1908 and1911, setting the standard for futuretenement construction. The area ischaracterized by three-story tene-ment buildings featuring yellow andorange Kreischer-brick facades,stone details, pressed-metal cor-nices, and ironwork at the stoopsand areaways. The buildings, knownas “Mathews Model Flats,” constitut-ed better-quality housing than previ-ous tenement models, providinglarger rooms and private bathrooms.The tenements attracted working-class German immigrants fromnearby Bushwick, Williamsburg, andthe Lower East Side. At a hearing onDecember 16, 2008, local residents,preservationists, and elected offi-cials all testified in support of desig-nation. 6 CityLand 12 (Feb. 15, 2009).

The Commissioners were unit-ed in supporting designation. ChairRobert B. Tierney said the area pos-sessed the “quality and interest” nec-essary for historic district status andrepresented an important chapter ofNew York City history. Commission-er Pablo Vengoechea called it a “striking and cohesive series offacades,” and CommissionerMargery Perlmutter found the dis-trict significant for its role in thedevelopment of tenement design.

Landmarks unanimouslyapproved designation.

LPC: Ridgewood North Historic Dis-trict, Queens (LP-2319) (Sept. 15, 2009).

CITYLAND Comment: At the same meeting, Landmarks heardtestimony on the proposed designa-tion of the Ridgewood South His-toric District. Also developed by theG.X. Mathews Company, the tene-ments in Ridgewood South werebuilt later than the RidgewoodNorth tenements but feature similar

Landmarks Actions Taken in September 2009FINAL PERMITS TO BE ISSUED AFTER LANDMARKS RECEIVES CONFORMING PLANS

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

September 8, 2009

488 Broadway, MN E.V. Houghwout Bldg. Install canopy 10-2036 No

Riverside Park, MN Riverside Park & Drive Replace entrance ramp 10-1306 Yes

87 Walker St., MN Tribeca East HD Remove fire escape 09-9129 Yes

Broadway, MN SoHo-Cast Iron HD Alter bus stop islands 10-1727 Yes

565 Broadway, MN SoHo-Cast Iron HD Install signage 09-8705 W/Mod

873 Broadway, MN Ladies’ Mile HD Install infill 10-1478 W/D

21 E. 67th St., MN Upper East Side HD Legalize window, door 10-1111 Yes

40 W. 68th St., MN Upper West Side/CPW HD Const. rear yard addition 10-1853 Yes

161 W. 75th St., MN Upper West Side/CPW HD Create window openings 10-1117 W/D

77 E. 77th St., MN Upper East Side HD Legalize rooftop addition 10-0474 Yes

262 Alexander Ave., BX Mott Haven HD Install storefront infill 10-1881 Yes

118 Eighth Ave., BK Park Slope HD Est. master plan (windows) 09-9415 Yes

136 Underhill Ave., BK Prospect Heights HD Remove rear bay window 10-1991 Yes

September 15, 2009

12 Eldridge St., MN Eldridge Street Synagogue Replace rose window 10-1735 Yes

110 E. 42nd St., MN Bowery Savings Bank Alter entrances; transfer 09-1429; W/Mod;development rights 09-1554 Yes

109 E. 50th St., MN St. Bartholomew’s Church Inst. paving at terrace 09-8310 W/Mod

137-35 North. Blvd., QN Flushing Courthouse Alter fences, inst. lift 08-1461 Yes

79 Howard Ave., SI Stirn House Create pkg., const. adds. 10-0534 Yes

125 Chambers St., MN Tribeca South HD Demo. bldg., const hotel add. 09-6531 Yes

159 W. 13th St., MN Greenwich Village HD Inst. windows, re-clad facade 09-8652 Yes

321 Clinton Ave., BK Clinton Hill HD Construct deck, railing 09-8710 Yes

378 Beverly Rd., QN Douglaston HD Const. dormer, mod. windows 10-1632 Yes

139 Arleigh Rd., QN Douglaston HD Legalize windows 09-1225 Yes

220 Forest Rd., QN Douglaston HD Const. rear add., alter facades 09-7625 W/Mod

September 22, 2009

41 Park Row, MN Former N.Y. Times Bldg. Install flagpoles, banners 10-1969 W/Mod

205 W. 57th St., MN Osborne Apartments Alter penthouse 10-1612 W/Mod

244 W. 57th St., MN A.T. Demarest & Co. Bldg. Enlarge window openings 10-2111 Yes

112 Lincoln Ave., BX Estey Piano Factory Const. rear add., inst. ramp 10-0946 W/Mod

415 Washington St., MN Tribeca North HD Legalize, mod., new bldg. 08-8333 Yes

74 Grand St., MN SoHo-Cast Iron HD Demo. bldg., store cast iron 10-2175 Yes

24 Bond St., MN NoHo HD Legalize sculpture, paint 10-0301 Yes

38 West 10th St., MN Greenwich Village HD Install areaway ironwork 10-1601 W/Mod

872 Lexington Ave., MN Upper East Side HD Install storefront infill 09-7932 W/Mod

104 W. 70th St., MN Upper West Side/CPW HD Install windows 10-1143 W/D

102 W. 75th St., MN Upper West Side/CPW HD Install windows 09-8630 Yes

43 W. 86th St., MN Upper West Side/CPW HD Combine 2 bldgs., const. adds. 09-7556 Yes

613 W. 155th St., MN Audubon Terrace HD Alter areaway 10-1229 W/D

4919 Goodridge Ave., BX Fieldston HD Enclose porch, alter windows 10-0052 W/Mod

390 Park Ave., BK Prospect Heights HD Construct rear yard addition 10-0509 Yes

240-25 43rd Ave., QN Douglaston Hill HD Demolish barn 10-0879 Yes

272 Richmond Terr., SI St. George/New Brighton HD Legalize fence 09-8675 W/Mod

142

led the Commission in unanimouslyapproving the advisory report.

LPC: Broadway, Manhattan (AdvisoryReport #10-1727) (Sept. 8, 2009).


Certificate of Appropriateness

Upper West Side, Manhattan

Rowhouse conversion forpreschool approved

Chabad of the West Side will combinetwo residential rowhouses to createreligious preschool. On September22, Landmarks unanimouslyapproved an amended proposal byChabad of the West Side to converttwo John Duncan-designed row-houses into a preschool at 43 and 45West 86th Street in the Upper WestSide/Central Park West Historic.Chabad’s original proposal includeddemolishing the interiors, redesign-ing the rear facades using glass andmasonry, altering the floor plates,and adding a rooftop play terraceand a penthouse. Landmarks reject-ed the proposal, noting that therealigned floor plates would be visi-ble from the front facade windowsand that the overall design woulddestroy too much of the building’soriginal fabric. 6 CityLand 110 (Aug. 15, 2009).

Architect Charles Platt present-ed the revised design, noting that itfollowed the previous proposal inconcept, including demolishingboth buildings’ interiors, butaddressed the concerns discussed atthe prior hearing regarding exteriorand interior features.

Platt explained the ground floorplate would still be realigned in orderto provide a handicapped accessiblefront entrance, the second floor’sfloor plate would now lie beneath thewindow’s sill, and the remainingfloor plates would align with theoriginals. The original design calledfor long horizontal bays at the rear,uniting the two rowhouses, and Plattstated that the new proposal includ-



Advisory Report

SoHo, Manhattan

Redesigned Broadway “busbulbs” approved

Existing bus bulbs, installed in 2007,impeded pedestrian and handi-capped access. On September 8,2009, Landmarks heard testimonyon the Department of Transporta-tion’s proposal to redesign two busstop curb extensions, referred to as“bus bulbs,” along Broadway in theSoHo-Cast Iron Historic District.DOT installed the bus bulbs in 2007to facilitate the movement of transitbuses by eliminating the need forbuses to pull in and out of the mov-ing lane of traffic to pick up passen-gers. The concrete bulbs are separat-ed from the sidewalk by a drainagechannel, with iron fencing along thebulb’s edge to prevent people fromtripping on the uncovered channel.

At the hearing, DOT Commis-sioner Janette Sadik-Khan statedthat certain aspects of the originaldesign have become an “eyesore”and characterized the proposal as aremediation project. She pointed outthat the fencing had proven to be animpediment to pedestrian access,noting that it is difficult for handi-capped passengers to navigate thebulbs and that there have also beendrainage problems related to theuncovered channels.

Simon Kristak, from BillingsJackson Design, testified that thenew design included covering the

drainage channels with grates andreplacing the fencing with cast alu-minum, perforated benches. Thedrainage grates would be designedto flip open, allowing access forcleaning, and could be securely bolt-ed down at other times. Kristak saidthe design changes would permitseamless pedestrian access.

Commissioners generallyresponded positively to the propos-al. Commissioner Pablo Vengoecheaasked if DOT considered designingmore site-specific benches, andSadik-Khan said the current prioritywas to “correct poor design,” andthat DOT would possibly considerdifferent benches at a later time. Shealso said that it was cost-prohibitiveto use non-standardized designs.Commissioner Libby Ryan declaredthe new design a “utilitarian solutionto a utilitarian problem.”

Chair Robert B. Tierney foundthe revised design appropriate and

LANDMARKS PIPELINE

Proposed Designations – September 2009NAME ADDRESS ACTION DATE

Ridgewood North HD Ridgewood, QN Designated 9/15/2009

Ridgewood South HD Ridgewood, QN Heard 9/15/2009

Jamaica Chamb. of Commerce 89-31 161st St., QN Heard 9/15/2009

411 Westervelt Ave. House 411 Westervelt Ave., SI Designated 9/15/2009




Bus bulb in SoHo-Cast Iron Historic District.Photo: CityLand.

143

ed dividing the windows verticallyinto projecting bays to indicate thebuilding was once two distinct struc-tures. The revised proposal incorpo-rated further changes to the rearfacade, including aligning the newbuilding’s cornice with the neighbor-ing rowhouse and setting the pent-house back eight feet.

Commissioner Stephen Byrnssaid that the revised proposaladdressed his major objections, par-ticularly the floor plate alignmentand the visibility of the rooftop ele-ments. Commissioner RobertaBrandes Gratz strongly opposed theoriginal proposal, but said therevised design adequately addressedher objections.

LPC: 43, 45 West 86th St., Manhattan(COFA# 09-7556) (Sept. 22, 2009).



Tribeca, Manhattan

Hotel expansion approved

Commissioners approved designchanges to the top and ground floorsof Cosmopolitan Hotel’s proposedbuilding. On September 15, 2009,Landmarks approved the revisedexpansion proposal for the Cos-mopolitan Hotel located on the cor-ner of West Broadway and ChambersStreet in the Tribeca South HistoricDistrict. The applicants will demol-ish the two-story, 1967 building adja-cent to the hotel, occupied by MaryAnn’s Mexican restaurant, andreplace it with a six-story structure.

At an earlier June 2 hearing,local residents and Council MemberAlan Gerson had opposed the plan.The Commissioners then rejectedthe original design, objecting to itsnon-contextual features and criticiz-ing the building’s “floating” glass-facade base, its metal-paneled sixthfloor, and the existing building’s pro-posed aluminum marquee. 6 City-Land 94 (July 15, 2009).

Matthew Gottsegen, of Franke

Staten Island’s Tompkinsville neigh-borhood, only four of Horton’s Row’soriginal flats remain intact. At anAugust 11 hearing, residents andpreservation groups endorsed desig-nating the flats. 6 CityLand 126 (Sept. 15, 2009)

Harry Lawrence Horton, aprominent resident involved in localpolitics, developed the red-brick flatsbetween 1880 and 1882 to providerental housing for working class fam-ilies. The Neo-Grec style homes fea-ture full-width porches and decora-tive cornices. By 1901, the commonowner had converted the buildingsto three-unit flats, a rare housingtype on Staten Island at the time.

Before the Commissionersunanimously voted for designation,Landmarks staff noted that it firstconsidered designating the Horton’sRow buildings on October 1, 1991.

LPC: 411 Westervelt Avenue House (LP-2377); 413 Westervelt Avenue House(LP-2378); 415 Westervelt AvenueHouse (LP-2381); 417 WesterveltAvenue House (LP-2382), Staten Island(Sept. 15, 2009).



SoHo, Manhattan

Demolition of leaning SoHobuilding approved

Owner will store cast-iron facadeafter damaged building is demol-ished. On September 22, 2009, Land-marks approved SoHo Equities Inc.’sapplication to demolish a George


Gottsegen Cox, revised the proposal,which now featured a newlydesigned ground floor with a stonebase and steel column covers withglass infill. A cast-stone band wouldseparate the commercial groundfloor from the floors above. The newdesign eliminated the top floor’smetal panels and replaced themwith brick and a zinc-coated coppercornice. Gottsegen explained thatthe redesigned storefront would“ground” the building and that theredesigned top floor would “unify”the structure.

Commissioner Margery Perl-mutter found the hotel’s new pro-posal “greatly improved,” and ChairRobert B. Tierney stated that it had“come a long way.” CommissionerPablo Vengoechea also found thedesign appropriate, describing thenew cornice as “elegant.” Landmarksvoted unanimously to approve the proposal.

LPC: 125 Chambers St., Manhattan(COFA# 09-6531) (Sept. 15, 2009).


Designation

Tompkinsville, Staten Island

Horton’s Row flats designated

Only four of the 12 original Horton’sRow flats remain intact. On Septem-ber 15, 2009, Landmarks voted todesignate four attached three-familyflats, known as Horton’s Row, as indi-vidual City landmarks. Originallycomprised of 12 attached buildingsand located on Westervelt Avenue in

Proposed building, left, as part of the Cosmopolitan Hotel’s approved expansion plan at 125 Cham-bers Street. Image: Courtesy Franke, Gottsegen, Cox Architects.


owned land, usually for a small fee, toencourage private residential devel-opment, and create affordable rentaland homeownership units in specif-ic neighborhoods. The City Comp-troller audited HPD to determinewhether the agency had made surethe primary goals of the CornerstoneProgram were met in FY 2008.

The Comptroller found that,through the Cornerstone Program,HPD had encouraged new residen-tial development, and to a smallerdegree, expanded affordable hous-ing. As of March 2009, 2,191 unitshad been completed under the Cor-nerstone Program. Of those, 22 per-cent were designated for low-income families, 47 percent weredesignated for middle-income fami-lies, and the remaining 31 percent ofunits were market-rate units orunspecified. The Comptroller, how-ever, found that HPD was unable to adequately assess the effective-ness of the program because HPD’sProduction Credit System, whichtracks all new multi-family develop-ments, did not distinguish Corner-stone developments from non-Cor-nerstone developments, and did not track the number of started,completed, and affordable unitsbeing developed.

The audit also found that HPD had failed to adequately docu-ment its evaluation of developerresponses to Requests for Proposals,and, as such, the Comptroller couldnot determine if the responses were fairly evaluated. Although theaudit did not find significantinstances of unqualified applicantsbeing awarded affordable units, theComptroller recommended thatHPD require developers to providecopies of applicants’ employment-income documentation as well asevidence that the documentationwas accurate.

Department of Housing Preservationand Development Cornerstone Pro-gram, ME09-077A, NYC ComptrollerWilliam C. Thompson, Jr. (Aug. 5, 2009).

described the process for disman-tling and cataloging the cast-ironfacade, explaining that the ownerwould need to remove the cast-ironcomponents simultaneously withdemolition. He said that the ownerwas exploring storage options for thebuilding’s cast-iron facade.

The Commissioners expressedconcerns about the facade’s securityonce it has been removed and stored,noting that the cast-iron elementshave historically been targets forthieves. Weiss said that if Landmarksapproved the application, the permitwould contain detailed require-ments for safe and secure storage. Hepointed out that Landmarks and theowner would also sign a side agree-ment requiring, among other things,that the owner permit Landmarksstaff to conduct detailed inspectionsof the cast-iron elements on a regu-lar basis. Weiss noted that the sideagreement obligations would attachto any subsequent owner of the site.

Chair Robert B. Tierney con-cluded that the building “regret-tably” had to be demolished, and theCommissioners unanimously votedto approve the application.

LPC: 74 Grand St., Manhattan (COFA#10-2175) (Sept. 22, 2009).

DEPARTMENT OF HOUSING PRESERVATION &

DEVELOPMENT

City Comptroller Audit

Citywide

HPD’s Cornerstone HousingProgram audited

Comptroller found that HPD wassuccessful in ensuring that the pri-mary housing goals of the Corner-stone Program were met. In 2000,HPD established the CornerstoneProgram, a new construction initia-tive designed to expand privatehousing and increase the City’saffordable unit housing stock. Theprimary goals of the CornerstoneProgram are two-fold: sell City-

DaCunha-designed five-story loftbuilding at 74 Grand Street, in theSoHo-Cast Iron Historic District.According to Landmarks DeputyCounsel John Weiss, for manydecades 74 Grand Street’s five-storybuilding leaned approximately 10inches to the west. In 2004, as a result of excavation and construc-tion work at the neighboring site at72 Grand Street and heavy rains, 74Grand Street shifted approximately14 inches further. The City vacatedthe building and contractorsinstalled emergency shoring andbracing. Despite these efforts, thebuilding has continued to shift.Under the approved application, theowner will demolish the buildingand disassemble and store the dam-aged structure’s historic cast-ironfacade for future reinstallation at the current site.

At the hearing, Tim Lynch, theExecutive Director of Buildings’Forensic Engineering unit, testifiedthat 74 Grand Street, which sits atopan 18th century marsh, is “veryunstable” and currently leaning 30inches to the west. Lynch explainedthat 74 Grand Street’s condition hasalso caused the buildings at 76 and78 Grand Street to shift, noting that78 Grand Street has migrated fiveinches since 2005.

The owner’s representative

74 Grand Street. Photo: CityLand.


CITYLAND PROFILES

Joshua Benson on DOT’s Bicycle Program

J oshua Benson,the 33-year-old

Acting Director ofBicycle & PedestrianPrograms for theNew Yo rk C i t yDepartment of Trans-

resembles a bicycle tire bisected by a bar.DOT plans on installing more than 5,000of these racks over the next two years.

A bike network. According to Ben-son, DOT intends to build an all-encom-passing, all-connected network of bikelanes allowing cyclists to safely and com-fortably commute throughout the City. Ithas considered models from all over theworld and fine-tuned them. Although itplans to make every part of the Cityaccessible by bike, DOT has focused pri-marily on Manhattan and areas within aneasy commuting distance of the boroughbecause of the density of population.

A key feature of the bike network hasbeen the creation of protected on-streetbike lanes along Eighth and NinthAvenues and Grand Street that are physi-cally separated from car traffic lanes.Located between the sidewalk andparked cars, they allow cyclists to ride ina safe space protected from cars. Basedon initial success, the City plans to install15 additional miles of protected bikelanes by 2010 and 30 miles from2011–2015.

Response to resistance. Bensonpoints out that in most cases, the additionof painted and protected bike lanes havegenerally not resulted in the loss of park-ing and loading lanes. Loading space,however, may be lost when a bike lane isset right against the curb.

When DOT installed painted bikelanes on the northbound and southboundsides of Kent Avenue along the East Rivershoreline in Williamsburg, local propertyowners in the community complainedthat it had become more difficult to oper-ate businesses. DOT worked with thosebusiness owners to redesign the street insuch a way that parking and loadingzones were restored alongside protectedbike lanes instead of painted lanes.

Bike racks and indoor parking. Ben-son wants commuters to feel comfortableknowing there is a secure place wherethey can park and lock their bikes. WhileDOT is scheduled to finish installing 37new bicycle parking shelters and 5,000more bike racks by 2011, indoor bike

parking is also in the works. In April 2009,the City Council approved the Departmentof City Planning’s bicycle parking textamendment, which requires developersto include secure indoor bicycle storagespace in new buildings, conversions toresidential use, and enlargements of 50percent or more. In July 2009, the Coun-cil enacted legislation mandating thatoffice buildings with freight elevatorsallow tenants to enter with their bicyclesand requiring commercial parkinggarages to provide space for bikes.

Enforcing safety rules. Bensonemphasizes that DOT’s primary concernis safety. It has worked with the PoliceDepartment to make sure that officers areenforcing not only the laws that keepcyclists safe, but also those preventingcyclists from becoming a safety hazard topedestrians and motorists.

According to Benson, DOT will shareinformation with the police about loca-tions where it has received complaintsregarding cyclists causing safety prob-lems. Benson notes that cyclists, who aresubject to the same duties as motorists,are regularly ticketed by the police forrunning red lights and riding on the side-walk, the wrong way on a one-way street,or in a bus lane.

An everyday activity for everyone.Benson hopes that all New Yorkers willstart to consider bicycling as more thanjust a fringe activity, but rather as a nor-mal way of getting around the City. Healso views the purchase of a bike as agood financial investment, noting that onecan easily buy an inexpensive bike andthen save on subway fare or gasoline andperhaps even a gym membership.

Where is Benson’s favorite place inthe City to ride a bike? Admittedly biasedtoward Brooklyn, he picks the long ridefrom Prospect Park to Rockaway Beach,which involves passing through nearly theentire borough. And what’s the worstworst place to ride? “I’ll have to pass onthat question,” he answered. “But whenyou find out, let me know and I’ll make it better.”

— Matt Windman

portation, admits to being particularlyfond of the basket sitting at the front ofhis simple single-speed bike, noting howit allows him to carry anything from gro-ceries to his laptop and projector on thebike. Benson started riding a bike as astudent at NYU and now commutes toDowntown Manhattan every weekdayfrom his home in Prospect Heights.

“Biking to work really does help medo a better job. On a bike, I get to see thestreets more often and get a feel for whatworks and doesn’t work out there,” hesaid. After receiving a master’s degree inurban planning from Columbia University,Benson began his career in City govern-ment at the Department of City Planning.After a year, Benson had the opportunityto move to DOT and implement the very same biking and greenway plansthat he had already drafted on a purelyconceptual level.

Bikes and PlaNYC 2030. With theCity’s population expected to exceed ninemillion by 2030, Mayor Bloomberg is pro-moting bicycling as a safe and reliablemode of transportation that will helprelieve overcrowded roads and subways.PlaNYC 2030, Bloomberg's vision of agreener city, includes doubling the num-ber of bicycle commuters by 2015.

So far, the results have been promis-ing. Bicycling increased 116 percentbetween 2000 and 2008 and grew 35percent between 2007 and 2008. In July2009, the City achieved its goal of adding200 miles of bike lanes in all five bor-oughs within three years. It also added 20sheltered bike parking structures and6,100 new bike parking racks. An interna-tional design competition was recentlyheld to develop a better-looking officialbike rack. The winning design is a castmetal circle called the “Hoop,” which


New Decisions Added to CITYADMINwww.citylaw.org – September 2009*

CITY COUNCIL

RES. NOS. PROJECT DESCRIPTION DATE

2150 133 W. 140th St., MN UDAAP by HPD (1 lot) 8/20/2009

2151 152 E. 116th St., MN UDAAP by HPD (1 lot) 8/20/2009

2152 Ft. Washington Presbyterian, MN Landmark designation 8/20/2009

2153 Fillmore Place HD, BK Landmark district designation 8/20/2009

2154 Audubon Park HD, MN Landmark district designation 8/20/2009

2155 Bellevue Hospital Ctr., MN Approval of leasing agreement 8/20/2009

† 2156 4 E. 94th St., MN Special permit (wall ht. & setback) 8/20/2009

2157 230 Ninth Ave., MN Revocable consent (sidewalk cafe) 8/20/2009

2158 NYPD Stables, MN Site select., acq. of prop. (NYPD Stables) 8/20/2009

2159 101 Rivington St., MN Petition disapproval (sidewalk café) 8/20/2009

2160–61 Vermont/Wyona 2, BK UDAAP withdrawals 8/20/2009

2162 108-16 Guy R. Brewer Blvd., QN UDAAP by HPD (1 lot) 8/20/2009

2163 Coney Island Plan, BK Special process for Council review 8/20/2009


PROJECT NAME DESCRIPTION LOCATION ULURP NO. DATE

Greenwich St. House Landmark designation MN 1 N100001HKM 8/19/2009

John Peirce Residence Landmark designation MN 5 N100003HKM 8/19/2009

Mt. Olive Holiness Church Landmark designation MN 10 N100004HKM 8/19/2009

Five Star Child Care Ctr. Acquisition of prop. (child care ctr.) BX 3 C090324PQX 8/19/2009

161st St. Rezoning Rezoning; zoning text amendment BX 4; C090365ZMX; 8/19/2009CW N090364ZRY

640 Broadway UDAAP by HPD (9 units) BK 1 C090379HAK 8/19/2009

Navy Green UDAAP by HPD (455 units); BK 2 C090446HAK; 8/19/2009Rezoning (M1-2 to R8/C2-4); C090444ZMK;special perm. (mod. ht. & setback reqs.) C090445ZSK

470 Vanderbilt Ave. Special perm. (dev. mixed-use dwelling); BK 2 C090443ZSK; 8/19/2009rezoning (M1 and R6/C2-3 to C6-3A); C090441ZMK;zoning text amend. (incl. housing) N090442ZRK

Prospect Heights HD Landmark district designation BK 8 N100002HKK 8/19/2009

Briarwood Plaza Rezoning Rezoning (C2-2 in R4) QN 11 C060551ZMQ 8/19/2009

Goodhue Park City map amend. (est. park) SI 1 C080192MMR 8/19/2009

St. Georges’ Church Landmark designation MN 1 N100028HKM 9/9/2009

246 11th Avenue Zoning text amendment (FAR) MN 4 N090243ZRM 9/9/2009

53 W. 53rd St./MoMA Special permit (mod. bulk reqs.); MN 5 C090432ZSM; 9/9/2009special permit (transfer dev. rights) C090431ZSM

Grammar School No. 9 Landmark designation MN 7 N100027HKM 9/9/2009

†† On the Sound on City Island Rezoning (M1-1 to R3A); special BX 10 C060288ZMX; 9/9/2009permit (facilitate 43-unit development) C060289ZSX

Bd. of Elections Warehouse Site selection, acquisition of prop. BK 7 C090349PCK 9/9/2009

Mosdoth Child Care Ctr. Acquisition of prop. (child care ctr.) BK 9 C090323PQK 9/9/2009

Riverway Apartments UDAAP by HPD (115 res. units) BK 16 C090447HAK 9/9/2009

College Pt. Corporate Park Dispose of City property QN 7 C090470PPQ 9/9/2009

South Conduit Ave. Rezoning Rezoning (C1-3 in R3-1) QN 13 C060419ZMQ 9/9/2009

Excelsior Residence Rezoning (R3-2 to R6A) QN 13 C030129ZMQ 9/9/2009


ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

603 Greenwich St., MN Convert 3 floors to residential use App’d 203-300-BZ Greenberg Traurig

325 Fifth Ave., MN Legalize phys. cult. est. (Integree Spa) App’d 171-09-BZ James Chin Assocs.

110 W. 56th St., MN Ext. of term (N.Y. Health & Racquet) App’d 271-81-BZ Mitchell S. Ross

162 E. 68th St., MN Ext. time to obtain c of o (enlg. school) App’d 128-04-BZ Marvin B. Mitzner

300 E. 74th St., MN Ext. time to compl. construction App’d 198-66-BZ Eric Palatnik PC

547 W. 133rd St., MN Ext. of term (auto repair) App’d 416-87-BZ Slater & Beckerman

804 E. 138th St., BX Dismiss for lack of prosecution W/D 384-03-BZ BSA

70 E. 184th St., BX Ext. time to compl. construction App’d 269-98-BZ Mothiur Rahman

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


New Decisions Added to CITYADMINwww.citylaw.org – September 2009*

BOARD OF STANDARDS & APPEALS (CONT.)

ADDRESS DESCRIPTION ACTION CASE NO. REPRESENTATIVE

5611 21st Ave., BK Variance for synagogue (yds., lot) App’d 13-09-BZ Moshe M. Friedman

2000 Rockaway Pkwy., BK Ext. time to obtain c of o (Mobil station) App’d 709-55-BZ Walter T. Gorman

174 Clermont Ave., BK Compl minor dev. under prior zoning App’d 196-09-BZY Ping C. Moy

360 McGuinness Blvd., BK Spec. perm. (enlg. manuf. bldg.) App’d 166-09-BZ Slater & Beckerman

1435 E. 26th St., BK Combine 2 dwellings into 1 App’d 168-09-BZ Lewis E. Garfinkel

321 Ashland Pl., BK Variance for BAM bldg. (rear yd.) App’d 195-09-BZ Herrick Feinstein

193 20th St., BK Ext. of term (warehouse in res. dist.) App’d 261-98-BZ Sheldon Lobel PC

7702 Flatlands Ave., BK Ext. of term (BP Amoco station) App’d 441-31-BZ Ian Peter Barnes

150-62 78th Rd., QN Ext. time to compl. const., obtain c of o App’d 23-06-BZ Sheldon Lobel PC

245-13 Jamaica Ave., QN Dismiss for lack of prosecution D’missed 12-94-BZ BSA

63-03 Fresh Pond Rd., QN Permit phys. cult. est. (Force Fitness) App’d 9-09-BZ Gerald J. Caliendo

42-59 Crescent St., QN Variance for 12-story hotel (fl. area) App’d 173-08-BZ Rothkrug Rothkrug

137-35 Elder Ave., QN Variance for 13-story mixed-use bldg. App’d 203-07-BZ Sheldon Lobel PC

35-11 Prince St., QN Ext. of term (Bodhi Fitness) App'd 246-01-BZ Eric Palatnik PC

214 Noel Rd., QN Legalize dwelling enlgmt. in mapped st. App’d 188-09-A John Natoli

142-19 Cherry Ave., QN Vested rt. to continue const. App’d 45-09-A Eric Palatnik PC

1009 Beach 21st St., QN Enlg. commercial est. in mapped st. App’d 318-08-A Joseph A. Sherry

66-35 108th St., QN Ext. time to complete synagogue App’d 327-04-BZ Sheldon Lobel PC

76-36 164th St., QN Ext. of term (auto repair) App’d 55-97-BZ Sheldon Lobel PC

175-22 Harding Expwy., QN Ext. of term (Shell station) App’d 8-96-BZ Walter T. Gorman

57-38 Waldron St., QN Dismiss for lack of prosecution W/D 239-07-BZ BSA

2955 Veterans Rd. W., SI Legalize phys. cult. est. (Costanzo’s) App’d 288-08-BZ Jeffrey Geary

546 Midland Ave., SI Permit 1-story commercial bldg. Denied 241-08-BZ Rothkrug Rothkrug

2525 Victory Blvd., SI Ext. time to obtain c of o (Mobil station) App’d 719-56-BZ Walter T. Gorman

124 Montgomery Ave., SI Const. 4-story dwelling in mapped st. App’d 317-08-A Margaret A. Garcia

LANDMARKS PRESERVATION COMMISSION

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

CERTIFICATE OF APPROPRIATENESS

200 E. 66th St., MN Manhattan House Inst. pergola, trellis, awnings 10-1939 Yes 9/10/2009

Riverside Dr., MN Riverside Park & Drive Repl. paving with landscaping 10-2500 Yes 9/8/2009

464 Greenwich St., MN Tribeca North HD Demo. roof, const. rooftop equip. 10-2766 Yes 9/21/2009

Broadway, MN SoHo-Cast Iron HD Modify bus bulbs 10-2608 Yes 9/14/2009

317 Canal St., MN SoHo-Cast Iron HD Install storefront infill 10-2117 Yes 8/21/2009

490 Broadway, MN SoHo-Cast Iron HD Install steel & glass canopy 10-2749 No 9/18/2009

560 Broadway, MN SoHo-Cast Iron HD Install signage, paint infill 10-2455 Yes 9/4/2009

Washington Sq. Park, MN Greenwich Village HD Install stage, seating 10-2467 Yes 9/3/2009

7 W. 8th St., MN Greenwich Village HD Replace extension facade 09-8608 Yes 9/11/2009

9 W. 8th St., MN Greenwich Village HD Replace extension facade 09-9401 Yes 9/11/2009

141 Fifth Ave., MN Ladies’s Mile HD Replace infill 10-2569 Yes 9/10/2009

21 E. 67th St., MN Upper East Side HD Legalize display window 10-2507 Yes 9/8/2009

19 E. 72nd St., MN Upper East Side HD Replace windows 10-2271 Yes 9/9/2009

126 E. 74th St., MN Upper East Side HD Const. rooftop add., bulkhead 10-2114 Yes 8/21/2009

20 E. 76th St., MN Upper East Side HD Inst. marquee, doors, windows 10-2201 Yes 8/28/2009

26 W. 76th St., MN CPW/W. 76th St. HD Const. 3-story rear addition 10-2116 Yes 9/2/2009

77 E. 77th St., MN Upper East Side HD Legalize rooftop addition 10-2720 Yes 9/17/2009

101 W. 121st St., MN Mt. Morris Park HD Const. bulkhead, raise parapets 10-2692 Yes 9/16/2009

146 Franklin St., BK Greenpoint HD Replace infill 10-2113 Yes 8/21/2009

881 Manhattan Ave., BK Greenpoint HD Replace infill 10-2524 Yes 9/9/2009

145 Atlantic Ave., BK Brooklyn Heights HD Replace infill 10-2142 Yes 8/24/2009

136 Underhill Rd., BK Prospect Heights HD Repl. windows, inst. deck 10-2759 Yes 9/18/2009

Fort Totten, BK Fort Totten HD Install ramp, generator 10-2853 Yes 9/22/2009

78-27 37th Ave., QN Jackson Heights HD Alter illegal fence 10-1931 Yes 8/21/2009*Bold indicates the decision is covered in this issue. The symbol † indicates that the decision was covered in a previous issue. City Council decisions available in hard-copy format at the Center for New York City Law.

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