March 15, 2012 Volume 9 CITYLAND 21

MARCH 15, 2012 center for new york city law VOLUME 9, NUMBER 2

CITYLAND

FPO

Highlights

CITY COUNCILDelayed Bronx BID OK’d . . . . . . . 21

CITY PLANNING COMMISSION“Zone Green” hearing . . . . . . . . . . . 23 Queens home authorized . . . . . . . 24

BOARD OF STANDARDS & APPEALSParking waiver for Qns . project . . 24

LANDMARKSMet’s plaza renovation praised . . 25Tavern on the Green plan OK’d . . 27Tribeca demolition denied . . . . . . 28Governors Island upgrade . . . . . . . 28Plan near the Whitney revised . . . 29Landmark storefront rules . . . . . . 30

ECONOMIC DEVELOPMENT CORP.Fresh Direct incentives . . . . . . . . . . 30

ADMINISTRATIVE DECISIONSQueens lot padlocked . . . . . . . . . . . 31 SoHo rent benefits denied . . . . . . . 31

COURT DECISIONSBSA decision affirmed . . . . . . . . . . 32MTA acquisition valued higher . . 32Trade fixture claim survives . . . . . 32

CITYLAND PROFILECarol Clark . . . . . . . . . . . . . . . . . . . .33

CHARTSDCP Pipeline . . . . . . . . . . . . . . . . . . 23ULURP Pipeline . . . . . . . . . . . . . . . . 24BSA Pipeline . . . . . . . . . . . . . . . . . . . 25Landmarks Actions . . . . . . . . . . . . . 26Landmarks Pipeline . . . . . . . . . . . . 28Citylaw .org New Decisions . . .34–35

(cont’d on page 23)

Landmarks issued a favorable advisory report on a plan to renovate the Metropolitan Museum of Art’s plaza. See story on page 25. Image: Courtesy of OLIN .

expenses, and $72,000 to marketing.The proposal had to overcome

some unforeseen procedural hur-dles before its formation. The BID’s 30-day public objection period ex-pired in November 2011. The Coun-cil’s Finance Committee, however, decided to postpone its vote on the proposal after discovering that the BID Steering Committee had not complied with public notice re-quirements. It had hand-delivered some of the notices for the Council’s objection-period triggering public hearing, rather than using the mail as required by law. Chair Domenic M. Recchia Jr. was concerned that the error would expose the BID to le-gal challenges, and decided to restart the hearing process to give the Steer-ing Committee an opportunity to provide complying notice. The Steer-ing Committee delivered proper notice for the new

CITY COUNCIL

Business Improvement District

Westchester Square, Bronx

Westchester Square BID gains Council approval

New Business Improvement Dis-trict approved after Council recom-mended second comment period . On February 29, 2012, the City Council approved the Department of Small Business Services’ plan to create the Westchester Square Business Improvement District in the Bronx. The district will include 145 busi-nesses along portions of East Trem-ont Avenue, Williamsbridge Road, and Westchester Avenue in the northeast Bronx. The district will have first-year budget of $320,000, with $120,000 allocated to sanitation services, $95,000 to administrative

22 Volume 9 CITYLAND March 15, 2012

CITYLAND

CENTER FOR NEW YORK CITY LAW ADVISORY COUNCIL

The Center expresses appreciation to the

individuals and foundations supporting the

Center and its work: The Steven and Sheila Aresty

Foundation, Fund for the City of New York,

The Durst Foundation, The Charina Endowment

Fund, The Murray Goodgold Foundation,

Jerry Gottesman, The Marc Haas Foundation and

The Prospect Hill Foundation.

CITYLAND (ISSN 1551-711X) is published 11 times a year by the Center for New York City Law at New York Law School, 185 West Broadway, New York City, New York 10013, tel. (212) 431-2115, fax (212) 941-4735, e-mail: nycitylaw@nyls.edu, website: www.citylaw.org © Center for New York City Law, 2012. All rights reserved. Printed on recycled paper. Maps presented in CITYLAND are from Map-PLUTO copyrighted by the New York City Depart-ment of City Planning. City Landmarks and Hist- oric Districts printed with permission of New York City Landmarks Preservation Commission.

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

CITYLAND ADVISORY BOARD

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

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

Joseph B. RoseErnst H. Rosenberger ’58Rose Luttan RubinFrederick P. SchafferFrederick A.O. Schwarz, Jr.O. Peter SherwoodEdward WallaceRichard M. WeinbergPeter L. ZimrothJames D. Zirin

Kent Barwick Andrew Berman Molly Brennan Albert K. Butzel

Howard Goldman Jerry Gottesman David Karnovsky Ross Moskowitz ’84

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

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

Frank Berlen ’07 Associate Director Managing Editor

Peter Schikler ’08 CityLand Editor

Frank St. Jacques ’11 Luna Droubi ’11 Fellows

Lebasi Lashley Art DirectorPetting Zoo Design

Jesse Denno Staff Writer, Production Asst .

Sarah Knowles Administrative Coordinator

COMMENTARY

Anthony W. Crowell named Dean of New York Law School The Center for New York City Law rejoiced when, on Wednesday, February 29, 2012, New York Law School’s board chair Arthur Abbey and Mayor Michael R. Bloomberg announced in coordinated press releases that Coun-selor to the Mayor Anthony W. Crowell would become the next Dean and President of New York Law School. Crowell had been an integral member of the Bloomberg administration since 2002. He has also has been an integral part of New York Law School and the Center for New York City Law. Crowell has taught as an adjunct professor at New York Law School since 2003, teaching the New York City Seminar and Workshop, a four-credit course with a weekly seminar and an extern job placement in City govern-ment. The course originally was co-taught by me and Eric Lane, who had been the counsel to the 1988 and 1989 Charter Revision Commissions. In 2003 Anthony Crowell took over the course and it has since been one of the most popular courses in the local government curriculum. Students rave about the course in their evaluations. Many students associated with the Center for New York City Law have taken the course and have worked directly with Crowell. Some of the students have followed Crowell into City government. Mayor Michael Bloomberg lauded Crowell, calling him “an integral part of our City Hall team, shaping and implementing almost all of our Administration’s key initiatives.” He continued that “New York Law School has been a valuable part of the city’s legal and academic landscape for more than 120 years, and they have made an outstanding decision in selecting Anthony Crowell to lead the school into the future.” Crowell told the faculty that, as an adjunct professor teaching a writing-intensive seminar and workshop course, he knew the power and value of diverse learning opportunities. Matching a student’s abilities and interests to create the right externship, along with teaching them the substantive law and skills in the classroom, will put students on their best footing in the workplace. Crowell said that he loves New York Law School: its mission, its people and its promise, and declared that he will be the most effective advocate to fulfill the Law School’s vision and potential. The Law School agreed with that assessment and is looking forward to Crowell’s arrival in May.

Ross Sandler

23March 15, 2012 Volume 9 CITYLAND

CITY PLANNING PIPELINE

New Applications Filed with DCP — February 1-29, 2012 APPLICANT PROJECT/ADDRESS DESCRIPTION ULURPNO. REPRESENTATIVE

ZONINGTEXTANDMAPAMENDMENTS

DCP Woodhaven/Rich. Hill, QN Contextual rezoning of 229 blocks 120195ZMQ

SPECIALPERMITS/OTHERACTIONS

Park Ave. Hotel 610 Lexington Avenue, MN Renew spec. perm. for 63-sty. bldg. 120194CMM Kramer Levin

Axton LLC 721 Amsterdam Avenue, MN Auth. to move res. entrance from ave. 120199ZAM Herrick Feinstein

HPD 430 Westchester Avenue, BX Min. amend. to Bronxchester URP 120190HCX

Uri Barzel 4707 Delafield Avenue, BX Cert. no auth. or spec. perm. req’d. 120198ZCX BKSK Architects

Thomas Kolb 4510 Douglas Avenue, BX Auth. for mods. for add. to home 120189ZAX Building Studio

Yola Cafe 524 Metropolitan Avenue, BK New, enclosed cafe with 4 seats 120196ECK

LPC 360 Third Avenue, BK Landmark (Coignet Stone Building) 070006AHKK

J. John Mann 4550 Livingston Avenue, SI Renew 3-yr. ext. of auth. in NA-2 dist. 120197CMX BKSK Architects

Holten Ave. Inc. Holten Avenue, SI Cert. to subdiv. one lot into five 120191RCR S. Krebushevski

Arbine LLC 3843 Amboy Road, SI Cert. for school seats for 8 units 120192RCR S. Krebushevski

Page LLC 16-28 Belvedere Court, SI Cert. for school seats for 23 homes 120193RCR Rampulla Assoc.

hearing, and a second objection pe-riod was triggered in early January. 9 CityLand 4 (Feb. 15, 2012).

At the Finance Committee’s February 29 hearing, SBS First Deputy Commissioner Andrew Schwartz reiterated that the BID Steering Committee had satisfied the notice requirement, and stat-ed that no valid objections to the BID had been filed. Local Council Member James Vacca urged his col-leagues to approve the new district.

The Finance Committee voted unanimously to approve the BID, and the full Council followed suit.

Council: Westchester Square BID (Feb. 29, 2012).

CITY PLANNING COMMISSION

Text Amendment

Citywide

Text revisions offered to encourage energy efficiency

Proposal, dubbed the “Zone Green” initiative, would streamline imple-mentation of energy-efficient ret-rofits for existing buildings and the construction of new green buildings . On February 29, 2012, the City Plan-ning Commission heard testimony on the Department of City Plan-

ning’s “Zone Green” zoning text amendment. Planning is seeking to remove regulations that impede property owners from installing energy-saving retrofits in existing buildings and that discourage the development of new energy-effi-cient buildings. The proposal would broadly exempt from the zoning resolution’s height, floor area, and lot coverage limits certain types and amounts of external insulation, horizontal and vertical sun-control devices, rooftop greenhouses, wind turbines, and solar panels.

To encourage property own-ers to retrofit existing buildings with more efficient insulation, the proposal would exempt up to eight inches of external insulation from floor area or lot coverage limits. For new construction, the proposal would exempt up to eight inches of wall thickness from floor area cal-culations to encourage the develop-ment of new buildings that would outperform the City’s energy code.

Horizontal and vertical sun-control devices, such as awnings and screens attached to building facades, can reduce cooling costs and provide glare-free natural light. To encourage their use, the pro-posal would allow awnings above the ground floor to project two to six inches into required setbacks, yards,

and open space, and permit screens to cover up to 30 percent of a build-ing’s facade.

Rooftop elements, such as solar panels, greenhouses, green roofs, and wind turbines, are cur-rently subject to maximum height and floor area limits. The proposal would, among other things, create a certification process to exempt certain greenhouses from floor area and height limits on nonresidential buildings. Wind turbines on build-ings taller than 100 feet would be permitted to rise up to 55 feet above the rooftop. In certain districts, tur-bines on shorter buildings could rise up to half of the building’s height. Solar panels, skylights, and green roofs or other stormwater detention systems would be permitted any-where below a building’s parapet, regardless of building height.

At the Commission’s hearing, representatives from the Regional Plan Association, the New York chapter of the American Institute of Architects, the Real Estate Board of New York, the Citizens Housing and Planning Council, and the Natural Resources Defense Council, testi-fied in support. REBNY’s Carol Van Guilder stated that the proposal would align zoning regulations with private and public sector strategies to encourage green building.

Ilene Popkin, senior fellow at the Citizens Housing and Plan-ning Council, recommended some modifications including that the Commission eliminate the certifi-cation requirement for nonresiden-tial rooftop greenhouses because it would cause unnecessary time delays. In contrast, Viraj Puri, a co-founder of Gotham Greens, argued that the Commission’s oversight over greenhouses would be impor-tant to prevent the proliferation of misused and derelict greenhouses.

Some groups were concerned about the proposal’s impact on historic buildings. Simeon Bankoff, executive director of the Historic Districts Council, suggested that existing buildings be required to

24 Volume 9 CITYLAND March 15, 2012

undergo a professional energy audit prior to obtaining approvals to in-stall retrofits in order to ensure that building owners choose the tech-nologies with the lowest impact and highest benefit. Bankoff also recom-mended requiring that applications needing the Commission’s certi-fication be reviewed by the local community board.

CPC: Hearing on the Zone Green Text Amendment (N 120132 ZRY – text amend.) (Feb. 29, 2012).

CITY PLANNING COMMISSION

Authorization

Ridgewood, Queens

New residence permitted in manufacturing district

Owner proposed new two-family home on lot zoned for manufactur-ing . On February 8, 2012, the City Planning Commission approved Gou Yu Wang’s proposal to replace a one-story house with a three-story residential building at 16-11 Nor-man Street between Cypress and Wyckoff Avenues in Ridgewood, Queens. Wang’s property is near the corner of Norman Street and Wyck-off Avenue and is zoned M1-4D for

facility uses. The Commission must also find that the new residential use would not be near certain manufac-turing or industrial uses, and that the residential use would not ad-versely impact existing commercial and manufacturing uses.

Queens Community Board 5 unanimously approved Wang’s pro-posal. At the Commission’s Decem-ber 12, 2011 review session, Plan-ning confirmed that the laundromat did not have on-site dry cleaning facilities and would not emit toxic fumes. Planning noted that the buildings behind the lot, facing Ste-phen Street and within the same M1-4D zoning district, were used as warehouses and would not impede the authorization.

The Commission unanimously approved Wang’s request, finding that the proposal was eligible for the authorization because there would be no prohibited uses and over 80 percent of the block was residen-tial. No action from the City Council was required.

CPC: 16-11 Norman Street Authoriza-tion (N 120094 ZAQ – authorization) (Feb. 8, 2012).

BOARD OF STANDARDS & APPEALS

Special Permit

Mapleton, Brooklyn

BSA allows reduced parking for medical facility

Residents and elected officials op-posed application to reduce park-ing requirements for Bay Parkway medical facility . In 2011, the Marcal

light manufacturing uses. The rest of Norman Street to the north is zoned R5B for residential uses. The exist-ing building, dating from the 1930s, is adjacent to a two-story residential building and a laundromat fronting Wyckoff Avenue. Wang needed an authorization from the Commission to redevelop the site.

The Commission may permit new residential buildings on a man-ufacturing-zoned lot with an exist-ing residential use if it makes the following findings: the zoning lot contains a building with at least one story of lawful residential or com-munity facility uses and no more than one story of commercial or manufacturing uses, the zoning lot is not occupied by any other com-mercial or manufacturing uses, and at least 25 percent of the block is oc-cupied by residential or community

ULURP PIPELINE

New Applications Certified into ULURP

PROJECT DESCRIPTION COMM.BD. ULURPNO. CERTIFIED

Brook Avenue UDAAP, dispose of City prop. BX 1 120161HAX 2/6/2012

84 White St. Parking Special permit MN 1 120179ZSM 2/27/2012

Midtown West EMS Site selection, acquisition MN 4 120177PCM 2/27/2012

Fordham Passageway Spec. perm., mod. rest. decl. MN 7 120172ZSM; 2/27/2012 M050260(B)ZSM

Woodhaven-Richmond Hill Rezone 229 blocks QN 9 120195ZMQ 2/27/2012

One-story home at 16-11 Norman Street in the Ridgewood section of Queens. Image: Mary Gillen.

25March 15, 2012 Volume 9 CITYLAND

Group began developing an as-of-right mixed-use medical facility at 6010 Bay Parkway in the Mapleton section of Brooklyn. Marcal later sought Buildings’ approval for a revised project reflecting a 93,920 sq.ft., nine-story medical facility/commercial building with a total of 120 off-street parking spaces. Buildings rejected the application because a building that size would require at least 235 parking spaces. Marcal applied for a BSA special permit allowing an ambulatory di-agnostic or treatment facility to re-duce of its off-street parking require-ments from one space per 400 sq.ft. to one space per 800 square feet.

Brooklyn Community Board 12, local Council Member David G. Greenfield, Assembly Member William Colton, and community groups opposed the application. At BSA, opponents testified that Mar-cal should provide the full comple-ment of parking because there was already a high demand for parking in the area due to three nearby schools and a large house of worship.

At BSA’s direction, Marcal agreed to revise its proposal by slightly reducing the project’s total floor area and increasing the num-ber of parking spaces to 177. Under the revised plan, Marcal would pro-vide 57 parking spaces in the cellar, 48 spaces on the second floor, and 72 spaces on the third floor. The

building’s first floor would be oc-cupied by commercial and commu-nity facility uses, and community fa-cility uses would occupy the fourth through ninth floors. BSA asked Marcal whether it could eliminate non-essential space in the cellar or first floor and add more parking. Marcal claimed that the first floor could not be re-designed because it would be occupied by MRI equip-ment. According to Marcal, the MRI equipment needed to be on the first floor so it could be easily moved and serviced.

BSA granted the special per-mit, finding that Marcal’s revised proposal would not interfere with any public improvement project or the existing street system. BSA also found that any disadvantage to the surrounding community would be outweighed by the project’s ben-efits. Pointing out that the special permit allowed up to a 50 percent reduction in required parking, BSA noted that Marcal would only re-duce the required amount of park-ing by 24 percent.

BSA: 6010 Bay Parkway, Brooklyn (54-11-BZ) (Feb. 7, 2012) (Lyra J. Altman, for Marcal Group). CITYADMIN

LANDMARKS PRESERVATIONCOMMISSION

Advisory Report

Upper East Side, Manhattan

Metropolitan Museum’s plaza renovation approved

Opponents were concerned about how changes to plaza would impact views of the museum . On February 21, 2012, Landmarks issued a favor-able advisory report on the Metro-politan Museum of Art’s proposal to redesign its plaza along Fifth Av-enue in Manhattan’s Upper East Side. The museum is an individual City landmark, while the plaza is considered part of Central Park, which is a scenic landmark. The proposal calls for new lighting and the replacement of fountains, pav-ing, and trees.

6010 Bay Parkway in Brooklyn’s Mapleton sec-tion. Image: Mary Gillen .

BSA PIPELINE

New Applications File d with BSA — February 1-29, 2012

APPLICANT PROJECT/ADDRESS DESCRIPTION APP.NO. REPRESENTATIVE

VARIANCES

SDS Great Jones 25 Great Jones St., MN Residential dev. in M1-5B 43-12-BZ Wachtel & Masyr

Bais Sina 1914 50th St., BK Construct synagogue 45-12-BZ Moshe M. Friedman

SPECIALPERMITS/OTHERACTIONS

158 W. 27th LLC 158 W. 27th St., MN Permit phys. cult. est. 42-12-BZ Sheldon Lobel PC

Cactus of Harlem 280 W. 155th St., MN Construct supermarket 31-12-BZ Sheldon Lobel PC

952 Flatbush LLC 1024 Flatbush Ave., BK Permit phys. cult. est. 44-12-BZ Sheldon Lobel PC

Elmnic, LLC 73-49 Grand Ave., QN Permit accessory parking 26-12-BZ Sheldon Lobel PC

Gusmar Enterprises 13-15 37th Ave., QN Leg. rooftop parking 28-12-BZ Eric Palatnik PC

Don Ricks Assocs. 142-41 Roosevelt Ave., QN Permit rooftop parking 30-12-BZ Eric Palatnik PC

Helm Equities 2385 Richmond Ave., SI Permit phys. cult. est. 40-12-BZ Francis R. Angelino

APPEALS

FB Capital 110 E. 70th St., MN Remove resid. portions 25-12-A Slater & Beckerman

FB Capital 110 E. 70th St., MN Appeal DOB determination 27-12-A Greenberg Traurig

12th Ave. Realty 2368 Twelfth Ave., MN Estab. non-conforming sign 24-12-A Fried Frank

Vincent Brancato 159-17 159th St., QN Appeal padlock closure 29-12-A Paul Brancato

Breezy Pt. Co-op. 110 Beach 220th St., QN Enlarge dwelling 32-12-A Gary Lenhart

Indian Cultural Ctr. 78-70 Winchester Permit buildings with 33-12-A– Sheldon Lobel PC Blvd., QN inadequate street frontage 37-12-A

Mohammad Udin 112-26 38th Ave., QN Renew permits, obtain C of O 41-12-A Qns. First Prop.

Birb Realty 131 Aviston St., SI Const. 1- and 2-fam. homes 38-12-A– Rothkrug Rothkrug not fronting mapped st. 39-12-A

26 Volume 9 CITYLAND March 15, 2012

At a public hearing, the Met’s director, Thomas Campbell, point-ed out that it had been more than 40 years since the plaza had last been renovated. According to Campbell, the Kevin Roche-designed plan had focused on improving vehicle ac-cess to the museum, but pedestrian access had now become a far greater priority. He noted that some of the plaza’s exterior elements were no longer functioning as intended, but assured those in attendance that the Met’s iconic front steps would be left untouched.

Dennis McGlade, a partner at Philadelphia-based landscape ar-chitecture firm OLIN, presented the Met’s plan. McGlade testified that the re-design would help spread out the visitors who currently con-gregate on the museum’s steps. The Met plans to replace the long, rect-angular fountains on the north and south sides of the front steps with smaller, “circle in a square” foun-tains situated near the steps. The new fountains would be flanked by stands of pollarded sycamore trees to provide shade for visitors. Three rows of trees currently planted in front of the Met’s north and south wings would be replaced with rows of deciduous trees pruned to create “aerial hedges.” According to Mc-Glade, the existing trees were in bad health, but had grown tall enough to obscure the museum’s facades. The Parks Department intends to trans-plant up to twelve of the existing trees to parkland elsewhere in the City. Overall, the Met will plant 104 trees to replace the 44 existing trees.

The Met will install granite benches and retractable parasols in the space between the aerial hedges and the museum’s facade. Two dark brown metal kiosks, one serving food and the other providing visi-tor services, would be built on either side of the steps within the stands of sycamores. The Met will provide 420 seats and 100 tables.

In a statement of support read by his representative, local Council Member David R. Garodnick said

the changes would enhance the plaza and the museum’s historic fa-cades. Garodnick noted that the pla-za had become congested with an increasing number of visitors sitting on the front steps and congregat-ing around the many on-site ven-dors, and expressed hope that the Met would address this issue. The Central Park Conservancy and the New York Landmarks Conservancy supported the Met’s plan. Manhat-tan Community Board 8 supported the majority of the renovations, but took issue with the proposed tables, chairs, and parasols.

Opponents expressed con-cerns about several aspects of the plan including how the new hedges would impact views of the museum and about whether the fountains would block access to the steps. Do-comomo’s Kyle Johnson argued that the proposal deviated too far from the underlying principles of Roche’s original design. Johnson recom-mended reducing the size, shape, and location of the new fountains so that they would not impede ac-cess to the north and south sides of the steps. He also claimed that the hedges would obscure the muse-

Landmarks Actions Taken in February 2012

FINALPERMITSTOBEISSUEDAFTERLANDMARKSRECEIVESCONFORMINGPLANS

ADDRESS LANDMARK/HISTORICDISTRICT DESCRIPTION CASENO. APP’D

February 7, 2012

Governors Island, MN Governors Island HD Alt. landscape. inst. signs 12-7224 Yes

155 Franklin St., MN Tribeca West HD Modify penthouse 12-5760 Yes

52 Lispenard St., MN Tribeca East HD Demo., const. bldg., add. 12-6822 No

150 Prince St., MN SoHo-Cast Iron HD Install infill 12-6596 Yes

275 Bleecker St., MN Greenwich Village HD Ext. II Legalize recladding 12-6965 No

47 W. 8th St., MN Greenwich Village HD Leg. facade alterations 12-6381 W/D

8 Christopher St., MN Greenwich Village HD Repl. infill, alter facade 12-4241 In Part

Sixth Ave. & W. 9th St., MN Greenwich Village HD Install newsstand 12-3152 Yes

64 Bank St., MN Greenwich Village HD Mod. window, inst. ironwork 12-7164 Yes

416 W. 13th St., MN Gansevoort Market HD Replace windows 12-7798 Yes

825 Fifth Ave., MN Upper East Side HD Replace windows 12-7208 W/D

270 Alexander Ave., BX Mott Haven HD Repl. storefront infill 12-6350 W/Mod

62 St. James Pl., BK Clinton Hill HD Install bike racks 12-4353 Yes

74 McDonough St., BK Stuyvesant Heights HD Leg. ironwork, mech. equip. 12-5085 W/Mod

February 14, 2012

183 Madison Ave., MN Madison Belmont Bldg. Estab. master plan (infill) 12-6398 Yes

Central Park, MN Central Park Modify Tots Playground 12-8014 Yes

2 W. 4th St., MN NoHo HD Replace infill, signs 11-4401 W/Mod

148 Waverly Pl., MN Greenwich Village HD Legalize stoop gate 11-8762 No

158 Waverly Pl., MN Greenwich Village HD Legalize stoop gate 11-7938 No

22 Little W. 12th St., MN Gansevoort Market HD Estab. master plan (wall signs); 12-2485; Yes const. roof add., inst. infill 12-4309 Yes

62 E. 91st St., MN Carnegie Hill HD Const. rear, roof adds. 12-6786 Yes

256 Cumberland St., BK Fort Greene HD Construct rear add., deck 11-3867 Yes

223 Carlton Ave., BK Fort Greene HD Amend C of A (const. 5 houses) 12-8132 Yes

February 21, 2012

Central Park, MN Central Park Renovate Tavern on the Green 12-8180 Yes

1000 Fifth Ave., MN Metropolitan Museum of Art Redesign plaza 12-8012 Yes

Sunset Park, BK Sunset Play Center Alter pool, inst. showers 12-8066 Yes

175 Broadway, BK Williamsburg Savings Bank Replace windows 12-7511 Yes

142 E. 19th St., MN Gramercy Park HD Alt. facade, const. bulkhead 12-4245 W/Mod

40 E. 62nd St., MN Upper East Side HD Construct addition 12-7497 Yes

860 Fifth Ave., MN Upper East Side HD Alter, enlg. roof adds. 11-8548 Yes

447 Amsterdam Ave., MN Upper West Side/CPW HD Inst. storefront infill 12-6780 Yes

322 W. 87th St., MN West End HD Construct stoop 12-7629 Yes

131 Atlantic Ave., MN Brooklyn Heights HD Leg. altered storefront 12-7698 W/Mod

2 Strong Pl., BK Cobble Hill HD Construct 3 buildings 12-7014 Yes

27March 15, 2012 Volume 9 CITYLAND

um’s facades and that the parasols would crowd the plaza’s narrowest walkways. Friends of the Upper East Side Historic Districts’ Tara Kelly, also claimed that the hedges were inappropriate and objected to the proposed kiosks. The Historic Dis-tricts Council’s Nadezhda Williams argued that the Met should restore, not demolish, the current plaza.

Chair Robert B. Tierney stated that the proposal would create a practical front porch for the muse-um. Commissioner Libby Ryan con-curred, finding that the alterations were well thought out and justified. Vice Chair Pablo Vengoechea found the plan appropriate, but was con-cerned that the amount of new ele-ments might diminish the perceived vastness of the plaza. Commis-sioner Michael Devonshire stated that the proposal would effectively spread out visitors across the plaza. As for the plan’s details, Devonshire found the aerial hedges appropri-ate, but said the parasols would “rob [the museum] of a certain amount of dignity.”

Landmarks agreed to issue a positive advisory report. Tierney noted that the report would incor-porate the reservations expressed by the commissioners.

LPC: Metropolitan Museum of Art, 1000 Fifth Avenue, Manhattan (12-8012) (Feb. 21, 2012) (Architect: OLIN)

LANDMARKS PRESERVATION COMMISSION

Binding Report

Upper West Side, Manhattan

Landmarks approved Tavern on the Green’s renovations

The City will renovate and restore 1871 building with eye toward ca-sual restaurant . On February 21, 2012, Landmarks approved the City’s renovation plan for the land-marked Tavern on the Green restau-rant on the west side of Central Park near West 65th Street. The Victorian Gothic building was built in 1871 as

a sheepfold. It was converted into a restaurant in 1934. In 2009, the restaurant’s license holder filed for bankruptcy protection. The restau-rant closed and its equipment and furnishings were auctioned. Tavern on the Green has remained vacant except for a temporary gift shop and public restroom.

At the public hearing, the Parks Department’s Assistant Commis-sioner Elizabeth Smith explained that the plan would reconfigure the space to make it more “Park-centric.” Smith said the City was seeking a concessionaire to oper-ate a casual restaurant in the build-ing. Department of Design and Construction Commissioner Da-vid Burney noted that the City in 2010 demolished the restaurant’s “Crystal Room,” a glass-enclosed dining area on the park-side of the building built in 1976, and restored the restaurant’s courtyard. Burney said the proposal would reveal the building’s original facade by remov-ing the extraneous additions built over the years. According to Burney, the “wound” left after removing the crystal room would be filled with an all-glass, transparent box fac-ing the terrace. The proposal also included restoring the building’s facades, windows, and dormers to their 1934 conditions.

DDC selected the architectural

firm Swanke Hayden Connell to carry out the renovations. Swanke Hayden Connell’s Elizabeth Moss testified that Tavern on the Green’s many additions had more than tri-pled the building’s original 10,000 sq.ft. footprint. The proposal would scale back the building to 12,450 square feet. Additions completely obscuring the building’s western fa-cade would be removed.

Moss stated that the renova-tions would return much of the res-taurant’s original character and re-open the courtyard to Central Park. The building’s main entrance would be retained, but a new, ADA-compli-ant entrance would also be created. Moss said the building was in poor condition, and its slate roof and much of the masonry would need to be restored or replaced. Accord-ing to Moss, the new glass structure with low-iron glass and stainless steel framing would interact with the courtyard and be as transparent and open as possible.

Kate Gilmore, from Landmark West!, supported the City’s deci-sion to remove the building’s post-1934 additions, but claimed that the building deserved “something far more sympathetic” than the proposed glass box. A representa-tive of the Historic Districts Coun-cil agreed, saying that additional restaurant space should be created

Proposed renovation of the Tavern on the Green building in Central Park. Image: Courtesy of Swanke Hayden Connell Architects and ARX Solutions Inc .

28 Volume 9 CITYLAND March 15, 2012

through additions to the building’s secondary facades.

Chair Robert B. Tierney sum-marized the positions of Manhattan Community Boards 5, 7, and 8 as broadly supporting the proposal. CB 7, however, strongly recommended that the City ensure the glass addi-tion is integrated with the building’s original architecture and massing.

Tierney supported the pro-posal, finding that the glass addi-tion would be a more appropriate addition than the crystal room. The other commissioners agreed. Commissioner Margery Perlmutter thanked the applicants for “finding the bones” of the building and ap-preciated the geometry of the glass addition. Commissioner Libby Ryan said the public should be “eternally grateful” for the proposal.

Landmarks voted unanimously to issue a favorable binding report.

LPC: Central Park, Tavern on the Green, Manhattan (12-8180) (Feb. 21, 2012) (Architect: Swanke Hayden Connell Architects).

LANDMARKS PRESERVATION COMMISSION

Certificate of Appropriateness

Tribeca, Manhattan

Plan to demolish two-story building’s facade rejected

Commission rejected plan to replace low-rise building’s facade and build five-story addition that would cross over to neighboring building . On February 7, 2012, Landmarks re-jected a proposal to alter neighbor-ing two- and five-story buildings at 52 and 54 Lispenard Street in the Tribeca East Historic District. The proposal called for replacing the fa-cade and adding five stories to the two-story building at 52 Lispenard and adding two floors to the five-story building at 54 Lispenard. Both buildings date from the 1860s and were recently combined into a sin-gle tax lot. The building at 52 Lispe-nard was originally built as a five-

story, store-and-loft building, but its top three floors were removed after a fire in 1937. The shortened struc-ture retained much of its historic material, including a sandstone ve-neer and cast-iron columns.

Studio JS2 architect James Schelke presented the proposal. Schelkle claimed that it was infea-sible to retain 52 Lispenard’s exist-ing facade because of its dilapidated condition. Schelke explained that rather than mimicking the sur-rounding architecture, the owner wanted to develop a more contem-porary structure. The new seven-story structure at 52 Lispenard and the two-story addition to 54 Lispe-nard would be clad in scalloped ter-ra-cotta tile. According to Schelke, the tile would create a three-dimen-sional relief inspired by the district’s cast-iron architecture. The sixth and seventh floors would be set back ten and twenty feet, respectively, and would be visible at street level.

Neighbors on Lispenard Street and preservation groups opposed the project. One resident noted that 52 Lispenard’s “low height and idio-syncratic appearance brings a wel-come variation” to the streetscape and criticized the proposal’s design as “fairly banal and commonplace.” A representative of Manhattan Community Board 1 testified that CB 1 had unanimously rejected the proposal. The Historic District Council’s Nadezhda Williams op-posed the “loss of character of not one but two buildings.” Williams suggested that a project retaining 52 Lispenard’s facade and filling in the three floors removed in the 1930s could be appropriate.

The commissioners found that the demolition of 52 Lispenard’s his-toric fabric would be unacceptable, and would preclude any finding of

appropriateness. Commissioner Michael Goldblum stated that the existing two-story structure should be incorporated into any project. In addition to his objections to the pro-posed demolition, Vice Chair Pablo Vengoechea said the project’s over-all height would be excessive. Com-missioner Diana Chapin called the architecture “bland.” Commission-er Margery Perlmutter noted that this type of project, with an addition to a remnant building plus an addi-tion crossing over to the neighbor-ing structure could be possible, but that it would need to relate more to the surrounding district.

Chair Robert B. Tierney led a unanimous vote to deny the ap-plication. Tierney encouraged the owner to return with plans incorpo-rating 52 Lispenard’s facade.

LPC: 52-54 Lispenard Street, Manhat-tan (12-6822) (Feb. 7, 2012) (Architect: Studio JS2).

LANDMARKS PRESERVATION COMMISSION

Binding Report

Governors Island, Manhattan

Governors Island signage and landscaping approved

Portions of Trust for Governors Is-land’s redevelopment plan fall-ing within historic district needed Landmarks approval . On February 7, 2012, Landmarks issued a bind-ing report approving portions of the Trust for Governors Island’s plan for the recreational redevelopment of the 172-acre Governors Island. Landmarks in July 2011 approved the Trust’s proposal to demolish six non-historic structures and land-scape an area near the Yankee Pier public ferry landing within the Gov-

LANDMARKS PIPELINE

Proposed Designations – February 2012

NAME ADDRESS ACTION DATE

Yorkville Bank Building 1511 Third Ave., MN Calendared 2/14/2012

29March 15, 2012 Volume 9 CITYLAND

near Liggett Hall’s archway. Vice Chair Pablo Vengoechea called the signage and welcome walls “refresh-ingly antiquated,” while Commis-sioners Roberta Washington and Christopher Moore suggested that some of the signs might be confus-ing to visitors because they would only be readable from one side.

LPC: Governors Island, Manhattan (12-7224) (Feb. 7, 2012) (Architects: West 8, Mathews Nielsen).

LANDMARKS PRESERVATION COMMISSION

Certificate of Appropriateness

Upper East Side, Manhattan

Another plan for Whitney Museum block offered

Developer, in second trip to Land-marks, altered materials and re-duced massing of proposed devel-opment adjacent to the Whitney Museum . On February 14, 2012, Landmarks considered Daniel E. Straus’s revised proposal to rede-velop eight buildings adjacent to the Whitney Museum in the Upper East Side Historic District. The plan would impact six rowhouses at 933 to 943 Madison Avenue and two

ernors Island Historic District. The historic district encompasses ap-proximately 92 acres on the north-ern half of the island. 8 CityLand 109 (Aug. 15, 2011).

At Landmarks’ hearing, Les-lie Koch, president of the Trust, presented the plan, including pro-posed alterations to the portion of the island outside the historic dis-trict’s boundaries. Koch said the Trust’s broad goal was to create a world-class public space by expand-ing public access to and within the island, while also encouraging the reuse of existing historic structures and creating opportunities for ap-propriate mixed-use development.

The portions of the Trust’s plan needing Landmarks’ approval consisted of new amenities such as seating and lighting, as well as work at two of the island’s ferry landings: Soissons Landing, serving visitors from Manhattan, and Yankee Pier, serving visitors from Brooklyn. Large-scale metal gates with view-through, cut-out lettering, referred to as “welcome walls,” would greet visitors at the both ferry landings. The Trust plans to install similar way-finding signs along pathways throughout the island. The Trust would need to alter the grades near the landings to make them handi-capped-accessible. In an area on the island’s southern edge, known as the South Battery, the Trust would slightly modify the topography and replace an asphalt lot with grass.

The Trust intends to incorpo-rate public art throughout the is-land. One permanent art installation would consist of strategically placed speakers that would play tones from “Taps” at the end of the day, in reference to Governors Island’s military heritage.

At the southern border of the historic district lies the McKim Mead & White-designed Liggett Hall. The Hall features an arched pathway leading to Liggett Terrace and the southeast portion of the is-land. The Trust plans to redevelop the mostly paved Terrace into a

six-acre courtyard with landscaped pathways, seasonal plantings, new lighting, seating, and food options.

Liggett Terrace transitions into what will be known as Hammock Grove, which lies outside the his-toric district. The seven-acre area will be landscaped and feature a dense planting of trees. Beyond Hammock Grove, the Trust will cre-ate the twelve-acre Play Lawn with two new sports fields. According to Koch, the work would be completed by fall 2013.

The Municipal Art Society and Manhattan Community Board 1 submitted letters in support of the Trust’s proposal. The Municipal Art Society praised the Trust for attempting to animate the island while exercising sensitivity towards its historic fabric. Christabel Gough, of the Society for the Architecture of the City’s objected to the landscape design proposed for Liggett Terrace, which she said was arbitrary and disregarded the symmetry and ar-chitectural form of Liggett Hall.

The commissioners praised the overall proposal. Commissioner Fred Bland found the project ex-traordinary, but suggested that the Trust reexamine the geometry of Liggett Terrace’s landscaped paths

Proposed welcome walls at Soissons Landing on Governors Island. Image: Courtesy of West 8 .

30 Volume 9 CITYLAND March 15, 2012

townhouses at 31 and 33 East 74th Street. Straus acquired the proper-ties from the Whitney in 2010 after the museum abandoned its own plans for the site.

In October 2011, Landmarks considered Straus’s original propos-al. The Beyer Blinder Belle-designed plan included replacing a no-style rowhouse abutting the museum along Madison Avenue with a new building and adding a two-story rooftop addition spanning the other five rowhouses on the block. Straus planned to replace a small infill building behind 933 Madison Av-enue with a nine-story building that would also serve as a rear-extension to an existing four-story townhouse at 31 East 74th Street. Finally, Straus planned to build a one-story roof-top addition to 33 East 74th Street. The project would have been clad in terra-cotta to match the Madison Avenue rowhouses.

Residents and preservationists opposed to the proposal claimed that it would be out-of-context with the historic district, and wanted a more compelling design. The com-missioners objected to the project’s bulk and visibility. 8 CityLand 156 (Nov. 15, 2011).

When Straus returned to Land-marks, Beyer Blinder Belle’s Richard Metsky presented the revised plan, which included new materials and simplified massing. The height of the new building proposed along East 74th Street was reduced by seventeen feet. The building would now feature a cornice above its fifth floor to match the cornice height of the adjacent buildings. The build-ing would be clad in beige limestone below the cornice line, and the set-back portion above the cornice line would be clad in terra cotta. The building’s top floor would be cov-ered with a matte-gray zinc panels. A setback one-story addition pro-posed for 33 East 74th Street would also feature the same zinc panels.

According to Metsky, the no-style building abutting the Whitney would be replaced with a contem-

porary version of the neighboring rowhouses. The two-story addition spanning the remaining rowhouses would step back further than the original proposal, but still feature terra-cotta cladding.

The project’s street-level vis-ibility was reduced, and Mestky said that only a small portion of the eight-story building would be visible over the top of the rowhouses on Madison Avenue. Metsky noted that the project would return the proper-ties to residential use.

Vice Chair Pablo Vengoechea said the project had been improved, but recommended uniting the mix of materials, setbacks, and window patterns. Vengoechea said the proj-ect was an ensemble, but should feel like one building. Commissioner Michael Devonshire agreed, find-ing that the “carnival of materials” detracted from the proposal. Com-missioner Michael Goldblum sug-gested relocating the massing from East 74th Street to Madison Avenue.

Commissioner Joan Gerner viewed the design more favorably, saying it was close to approveable. Commissioners Roberta Washing-ton and Christopher Moore agreed.

Chair Robert B. Tierney said the proposal had come a long way, but asked Straus to work with Land-marks’ staff on further revisions.

LPC: 933-943 Madison Ave., Manhat-tan (12-4140) (Feb. 14, 2012) (Architect: Beyer Blinder Belle).

LANDMARKS PRESERVATION COMMISSION

Proposed Rule

Citywide

Landmarks proposes new streamlined storefront rules

Citywide rule change would stream-line review process for changes to building storefronts under Land-marks’ jurisdiction . On February 23, 2012, Landmarks published in the City Record a proposed amendment to the City rules that would stream-

line the review process for proposed alterations to the storefronts of land-marked buildings. Currently the majority of applications for changes to storefronts need to be reviewed by Landmarks’ commissioners. The Citywide rule change would permit Landmarks’ staff to approve appli-cations for alterations to a building’s storefront if the changes are based on historic prototypes within the specific historic district for buildings of similar age, type, and style. The new rules would also permit staff-level approval for security gates, and HVAC equipment.

The proposal follows the City Council’s review of Landmarks’ des-ignation of the Borough Hall Histor-ic District. Landmarks agreed during the hearing to expedite the creation of the proposed rule change. 9 City-Land 1 (Feb. 15, 2012). Landmarks calendared the rule change on Feb-ruary 7, 2012, and will hold a hearing on the change on March 27, 2012.

City Record, Feb. 23, 2012 at 395. Avail-able online at: http://www.nyc.gov/html/dcas/downloads/pdf/cityrecord/cityrecord-2-23-12.pdf

ECONOMIC DEVELOPMENT CORPORATION

IDA Tax Exemptions

Mott Haven, Bronx

Fresh Direct granted gener-ous tax exemption package

IDA approved $81 million in incen-tives to assist Fresh Direct relocation to the Bronx . On February 14, 2012, the City’s Industrial Development Agency approved financial incen-tives of approximately $81 million to assist Fresh Direct in relocating its headquarters and operations center from Long Island City to the Mott Haven section of the Bronx. Fresh Direct, an Internet grocery delivery service, sought assistance to build a 500,000 sq.ft. distribution facility and separate parking and mainte-nance facilities. The sixteen-acre project site is located between East

31March 15, 2012 Volume 9 CITYLAND

found that the lots were a public nui-sance. ALJ Salzman credited Build-ings’ evidence that the owner used the lots to store construction mate-rials and vehicles, an impermissible commercial use, and as a contrac-tor’s yard, an impermissible manu-facturing use. ALJ Salzman recom-mended that Buildings seal the lots, noting that the closure would not interfere with any residential struc-tures, as there were none on the site.

DOB v . Owners of 133-40 78th Street, Queens, OATH Index No. 768/12 (Jan. 5, 2012). CITYADMIN

ADMINISTRATIVE DECISIONS

Loft Law

SoHo, Manhattan

No rent benefits for loft renters

Tenants in loft law units sought rent regulation protection based on 2010 amendments . 59 Crosby Street in Manhattan was an interim multiple dwelling covered under the 1982 loft law. This law required an owner to convert an interim multiple dwell-ing building into legal residential premises and obtain a certificate of occupancy. The owners of 59 Crosby in 1984 purchased the rights and improvements to the fifth-floor interim multiple dwelling unit from the then-current tenant. In 1992 the owners purchased the rights and improvements to the second-floor interim multiple dwelling unit, also from the then-current tenants.

In June 2010 the loft law was amended to expand the period un-der which residential units could qualify for coverage as an interim multiple dwelling. The current ten-ants residing in the second- and fifth-floor units at 59 Crosby, which the owners had purchased, sought protected-occupancy status under the 2010 amendments.

OATH ALJ Ingrid M. Addison found that the tenants qualified as protected occupants, but were not entitled to rent regulation under the loft law. When the owners of 59

132nd Street and the Harlem River beneath the Willis Avenue Bridge approach. Fresh Direct will receive nearly $128 million from the City, the State, the Bronx Borough Presi-dent’s Office, and the Bronx Overall Economic Development Corpora-tion. Fresh Direct will invest $112.6 million in the project.

The IDA will provide Fresh Di-rect with approximately $71 million in sales tax exemptions, mortgage recording tax deferrals, and real es-tate tax exemptions, and up to $10.5 million to acquire assets to be used at the new facilities. The Economic Development Corporation will pro-vide Fresh Direct with a $1 million loan, and $4.9 million in energy benefits. The Bronx Borough Presi-dent’s Office will provide Fresh Di-rect with a $1 million capital grant, and the Bronx Overall Economic Development Corporation will add a $3 million loan and a $500,000 capital grant. The State will provide nearly $34 million in tax credits, cap-ital grants, energy incentives, and vouchers to buy electric vehicles.

Fresh Direct expects that the project will create approximately 684 construction jobs. IDA esti-mated that the direct and indirect City taxes generated by Fresh Direct would approach $255 million. The company currently employs 1,963 people and expects to add 344 em-ployees by June 2015, and 620 more employees by June 2021. Fresh Di-rect agreed in a memorandum of understanding with Bronx Borough President Ruben Diaz Jr. to make its best efforts to ensure that at least 30 percent of new hires reside in the Bronx, consider expanding Bronx delivery service, and continue to seek State approval to accept food stamps. Fresh Direct also stated that it intended to purchase ten electric delivery trucks as part of its goal to have a 100 percent green transpor-tation fleet within five years.

Elected officials, labor unions, and community groups opposed the subsidies. Local Council Mem-ber Melissa Mark-Viverito by letter

asked the IDA’s board of directors to delay its vote on the financial as-sistance package. Mark-Viverito expressed concerns about whether the IDA had adequately consid-ered community concerns. Labor unions opposed Fresh Direct’s labor practices and alleged that the com-pany had been hostile to employee unionization attempts. Community groups opposed to Fresh Direct’s relocation cited concerns about the increased delivery truck emissions in the area, and complained that the company did not provide service to the South Bronx community.

The IDA board of directors ap-proved the incentives package by a 14-1 vote. Carol S. Kostik, City Comp-troller John C. Liu’s representative, voted no. In a press release, Liu said the IDA’s approval process was badly flawed, and that the City had not clearly justified the subsidies.

New York City Industrial Development Agency, Board of Directors Meeting (Feb. 14, 2012).

ADMINISTRATIVE DECISIONS

Padlock Law

Lindenwood, Queens

Nuisance claim upheld

Owner of vacant residential lots stored vehicles and construction materials . A Department of Build-ings inspector visited four R4-zoned residential lots located on 78th Street between Dumont and South Conduit Avenues in Lindenwood, Queens. The inspector, during three visits, observed stored on the site a large excavator and two commer-cial trucks, and construction tools and equipment, including a drill-ing machine, a generator, and large quantities of lumber and pipes. Subsequently, Buildings sought an order to seal the premises under the padlock law to halt an alleged public nuisance.

The property owner and oc-cupants did not appear at a hearing before OATH. ALJ Joan R. Salzman

32 Volume 9 CITYLAND March 15, 2012

Crosby purchased the rights and improvements to the two units, rent regulation of the units was lifted. The 2010 amendments, ALJ Addi-son found, did not re-regulate exist-ing interim multiple dwelling units that had been rent deregulated. The ALJ concluded that the intent of the amendments was to cover units that had never previously been covered by the loft law.

Grundon, OATH Index Nos. 2445/11 & 2446/11 (Nov. 16, 2011) (Addison, ALJ) (Attorneys: Margaret B. Sandercock, for tenants; Harry Shapiro, for building owner). CITYADMIN

COURT DECISIONS

BSA

Long Island City, Queens

Short time deadline for service sinks BSA petition

Residents missed deadline to serve BSA after filing petition challenging decision to grant developer time ex-tension to complete hotel . Dutch Kills Partners obtained a permit from Buildings to develop a nine-story hotel at 39-35 27th Street in Long Is-land City, Queens. With 24 percent of the project’s foundation poured, the City approved the Dutch Kills Rezoning, which rendered the hotel project out-of-compliance with the maximum permitted floor area. 5 CityLand 149 (Nov. 15, 2008).

Dutch Kills Partners applied to BSA, claiming it had a common-law vested right to complete the proj-ect. Queens Community Board 1, local Council Member Jimmy Van Bramer, and residents opposed the application. They argued, among other things, that Dutch Kills Part-ners had not undertaken substan-tial construction because the work performed only amounted to three percent of the total work necessary to complete the hotel.

BSA granted Dutch Kills Part-ners an extension to complete the project. A group of neighbors filed an article 78 petition challenging the

decision. The City filed a motion to dismiss, claiming that the neighbors missed the deadline to serve the City with notice of the article 78 petition. Pursuant to the New York CPLR, an article 78 petition challenging a BSA decision must be presented to the court within 30 days and served on the BSA within fifteen days of the 30th day. The neighbors’ attorney conceded that he had been unaware of the deadline, but in the interest of justice, asked a lower court for a time extension to serve the City.

Justice Marguerite A. Gray re-fused to extend the deadline and dismissed the challenge. Justice Gray found that the attorney had of-fered no excuse for the delay other than his ignorance of the rule creat-ing the deadline, which had been in effect for almost thirteen years. The neighbors appealed the decision.

The Second Department af-firmed, ruling that the lower court appropriately exercised its discretion in refusing to grant the neighbors ex-tra time to serve notice. According to the Second Department, the neigh-bors failed to demonstrate that they diligently attempted to serve notice, or that the delay was reasonable.

Parrino v . BSA, 2011 N.Y. Slip Op. 09330 (2nd Dep’t Dec. 20, 2011).

COURT DECISIONS

MTA

Sunnyside, Queens

Court increases award for East Side Access properties

MTA took private land to expand Sunnyside Rail Yard for East Side Access Project . The Metropoli-tan Transportation Authority ac-quired 38-38 43rd Street and 38-40 43rd Street in Sunnyside, Queens through eminent domain. The MTA plans to use the lots to expand the Sunnyside Rail Yard for the East Side Access Project, which would con-nect the Long Island Rail Road di-rectly to Grand Central Terminal in Manhattan. 38-38 43rd Street con-

sisted of a two-story storage, ware-house, parking, and office building situated on a 23,000 sq.ft. site. The building, with its basement, had 30,240 sq.ft. of gross area. 38-40 43rd Street consisted of a similar building (28,050 sq.ft. of gross area) situated on a 12,725 sq.ft. site. Both lots were zoned M1-1 for light manufacturing uses. At the time of the taking, both properties were being leased for income generation.

In a dispute over the fair market value of the properties at the time of the taking, the MTA’s appraiser dis-agreed with the private owners’ ap-praiser over: (1) the highest and best use of each property and (2) the fair market value of each property.

Justice Jaime A. Rios agreed with the private owners’ appraiser that the highest and best use of each property was as a combination industrial storage/warehouse and office building for owner occupan-cy, and not as a multi-tenanted facil-ity like the MTA’s appraiser opined. Using the sale-comparison ap-proach rather than the income ap-proach, Justice Rios valued 38-38 43rd Street at $6.3 million and 38-40 43rd Street at $5.9 million, or $209.18 per square foot.

East Side Access Project, Index No. 176/08 (Queens Cty. Sup. Ct. Nov. 28, 2011) (Rios, J.).

COURT DECISIONS

MTA

Lower Manhattan

MTA must compensate for taken trade fixtures

MTA claimed that compensation for trade fixtures in building taken for transit project would constitute improper windfall payment . Three restaurant tenants in a three-story building at 194 Broadway in Lower Manhattan sought compensation for their trade fixtures after the Met-ropolitan Transportation Author-ity acquired the property through eminent domain for its Fulton Street

33March 15, 2012 Volume 9 CITYLAND

the owners’ compensation for the takings by evaluating each property separately. The owners challenged, arguing that the properties highest and best use would be to demolish the assemblage of buildings and replace them with a high-rise con-

Transit Center project. The three restaurants were separately incorpo-rated, but were owned by the same individual who owned the building. 196 Bway TGI Inc., 196 Bway KFC Inc., and 196 Bway Food Court Inc. leased space in the building owned

by DLR Properties LLC. Dennis Riese was the sole principal of DLR Prop-erties and sole voting shareholder of the restaurant corporations

The MTA acquired 194 Broad-way and four adjacent properties in March 2006. The MTA calculated

CITYLAND PROFILES HPD’s Carol Clark on affordable housing development and historic preservation

C aro l C lark , Assistant Com-

missioner for Land Use and Local Gov-ernmental Affairs with the New York City Department of Hous-ing Preservation and

a strategic planner for the precursor to the City’s Economic Development Corporation. In 1988, Clark served on the Municipal Art Society’s Historic City Committee convened to study the efficacy of the Landmarks Pres-ervation Commission. Clark later became the Director of the Municipal Art Society’s Planning Center, which in its 1990 Historic District Zoning study, examined misalign-ments between historic district character and City zoning regulations. Clark believes that the City, through many of its neighbor-hood rezonings over the last decade, has effectively addressed this issue.

Clark in 1990 accepted an intergovern-mental relations position at the Department of City Planning. Her arrival coincided with the expansion of the City Planning Com-mission due to the 1989 City Charter. Clark later served as the Executive Director of the New York Chapter of the American Institute of Architects. In 1998, as President of the Brooklyn Historical Society, Clark oversaw the complete renovation of the Society’s George B. Post-designed headquarters.

Transition to housing. Clark joined HPD in 2002. HPD utilizes a broad range of pro-grams to create affordable housing oppor-tunities in new construction projects and to preserve affordability in existing buildings. Mayor Michael R. Bloomberg’s New Hous-ing Marketplace Plan provides a flexible framework for HPD to carry out its mission. Under the Plan, HPD initially emphasized the construction of new affordable units. When the economy stalled, however, HPD shifted the emphasis to the preservation compo-nent. Clark worked alongside City Planning to increase the affordable housing potential of major City rezonings, such as the Hudson Yards and Greenpoint/Williamsburg rezon-ing plans. As a result, a variety of incen-tives are available for developers to create new affordable housing as the economy

Development, serves as one of the agency’s vital ambassadors to the City Council. The Council must review HPD’s affordable hous-ing development initiatives that involve the disposition of City-owned properties or the grant of tax exemptions. Clark arrived at HPD ten years ago with an extensive background in architecture, historic preservation, plan-ning, and real estate development.

Architectural base. Clark grew up in the suburbs outside Detroit, Michigan. As a child on family trips to the city, she was captivated by the architecture of downtown Detroit’s skyscrapers. Clark’s interest in architecture led her to study architectural history at the University of Michigan. As an undergradu-ate, Clark became aware of the emerg-ing efforts to restore and adaptively reuse historic buildings. When Clark learned that Columbia University offered the nation’s first graduate program in historic preservation, she knew a move to New York City would soon follow. Columbia accepted Clark, and she moved to the City in 1975.

Career in public service. Clark earned a master’s degree, and then served as the Associate Director for the non-profit New York Landmarks Conservancy. She left after six years to return to Columbia as a Charles H. Revson Fellow, where she broadened her academic base through courses in real estate, law, and urban planning.

Over the next twenty years, Clark held several non-profit and public sector posi-tions. She worked on real estate transac-tions for the Trust for Public Land, and as

becomes more robust.Clark is a fixture at the Council, where

she appears on behalf of HPD to testify at committee hearings. Clark explains that her role is to facilitate the City Council’s review of HPD projects. She communicates with Council members to ensure that all of the stakeholders understand the complex details of each project. Clark thinks it is important to consider the human element of HPD’s mission. A vital aspect of this mission has been to return tax-foreclosed buildings to privately-owned entities, includ-ing neighborhood-based not-for-profit spon-sors. Clark also finds it rewarding to work on HPD projects that transform distressed parcels into supportive housing.

Value of preservation. Clark continues to pursue her interest in historic preserva-tion as an adjunct professor at Columbia University’s Graduate School of Architecture, Planning and Preservation. Clark laments that people have a tendency to take their surroundings for granted. Many of us, Clark says, often do not realize that the environ-ment we inhabit contains rich history, nor do we understand the many layers of architec-tural, cultural, or historical significance that are embodied in that environment. For Clark, the value of historic preservation is that it helps create an essential sense of place by providing a connection between past and present generations. The economic value of preservation is also noteworthy, Clark says, because a large part of the City’s attraction to tourists rests on the preservation of City landmarks and its distinctive neighborhoods.

Return to Detroit. In April, Clark plans to attend the Society of Architectural Historians annual conference in Detroit. She is excited that many of her friends in the architecture world will get to see the same impressive skyscrapers that caught her eye as a child.

— Frank St. Jacques

34 Volume 9 CITYLAND March 15, 2012

New Decisions Added to CITYADMIN www .citylaw .org – February 2012*

CITYCOUNCIL

RES.NOS. PROJECT DESCRIPTION DATE

† 1210 Borough Hall Skyscraper HD, BK Landmark district designation 2/1/2012

1211 Union League Club, MN Landmark designation 2/1/2012

1212 St. Casimir’s R.C. Church, BK Landmark designation 2/1/2012

1213 Grand Concourse HD, BX Landmark district designation 2/1/2012

1214 29 Cottage Place House, SI Landmark designation 2/1/2012

1215 Bell Laboratories (Westbeth), MN Landmark designation 2/1/2012

1216 1600 Sedgwick Ave., BX Amended HPD redevelopment agreement 2/1/2012

CITYPLANNINGCOMMISSION

PROJECTNAME DESCRIPTION LOCATION ULURPNO. DATE

Mutual Reserve Bldg. Landmark designation MN 1 N120152HKM 2/8/2012

R.H. Macy Co. Store Landmark designation MN 2 N120153HKM 2/8/2012

Wolcott Hotel Landmark designation MN 5 N120151HKM 2/8/2012

Public School 102 Landmark designation BX 10 N120150HKX 2/8/2012

Eldridge House Landmark designation QN 9 N120155HKQ 2/8/2012

BOARDOFSTANDARDS&APPEALS

ADDRESS DESCRIPTION ACTION CASENO. REPRESENTATIVE

318 Lafayette St., MN Vested rt. (maintain advertising signs) App’d 170-11-A; Randy M. Mastro 171-11-A

338 E. 9th St., MN Ext. of term (parking garage) App’d 141-66-BZ Fredrick A. Becker

*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.

dominium. A lower court agreed and the First Department affirmed. As a result, Riese/DLR Properties’ compensation for 194 Broadway increased from approximately $24 million to $35 million.

The MTA then sought to dis-miss the restaurant tenants’ trade fixture claims. The MTA asked a low-er court to ignore the separate cor-porate existences of DLR Properties and the restaurant corporations, and to consider Riese the owner of all the entities. According to the MTA, because Riese received the higher compensation for 194 Broadway, awarding Riese compensation for the restaurant trade fixtures would result in an improper windfall.

Justice Martin Shulman re-fused to dismiss the claims. Justice Shulman agreed that a property owner compensated under a highest and best use that contemplated the property’s demolition, would not also be entitled to compensation for any trade fixtures he owned. Based on the principles of corporate law, however, Justice Shulman found that Riese/DLR did not own the fix-tures. According to Justice Shulman,

the restaurants existed as legitimate corporations independent of Riese/DLR. The restaurants had their own officers and employees, filed sepa-rate tax returns, and never shared income or commingled assets with Riese or DLR. As such, the tenants were entitled to seek compensa-tion for the fixtures. Justice Shulman

ordered the MTA and the tenants to meet in February to discuss the eventual disposition of the trade fix-ture claims.

In the Matter of Metropolitan Trans-portation Authority, Index No. 400467/06 (N.Y. Sup. Ct. Jan. 26, 2012) (Shulman, J.).

Three-story building at 194 Broadway and four other properties were acquired by the MTA to develop the Fulton Street Transit Center in Lower Manhattan. Image: Mary Gillen .

35March 15, 2012 Volume 9 CITYLAND

New Decisions Added to CITYADMIN www .citylaw .org – February 2012*

BOARDOFSTANDARDS&APPEALS(CONT.)

ADDRESS DESCRIPTION ACTION CASENO. REPRESENTATIVE

134 Ninth Ave., MN Mod. C of O (sprinkler system) App’d 61-11-A FDNY

335 Madison Ave., MN Permit phys. cult. est. (Spa Castle) App’d 134-11-BZ Eric Palatnik PC

250 W. 54th St., MN Ext. of term (Gold’s Gym) App’d 18-09-BZ Stuart A. Klein

400 E. 56th St., MN Ext. of term (transient parking) App’d 271-71-BZ Sheldon Lobel PC

1109 Second Ave., MN Permit phys. cult. est. (Crunch Fitness) App’d 166-11-BZ Wachtel & Masyr

301 E. 86th St., MN Ext. of term (transient parking) App’d 737-65-BZ Sheldon Lobel PC

1621 York Ave., MN Ext. of term (transient parking) App’d 248-75-BZ Alfonso Duarte

351 Convent Ave., MN Legalize church enlargement App’d 121-11-BZ Fredrick A. Becker

3155 Grace Ave., BX Amend variance (enlg. nursing home) App’d 332-98-BZ Sheldon Lobel PC

444 Soundview Ave., BX Ext. of term (Gulf station) App’d 188-96-BZ Mitchell S. Ross

1775 Grand Concourse, BX Amend permit (8-story enlargement) App’d 321-63-BZ Greenberg Traurig

2519 Creston Ave., BX Ext. time to obtain C of O (parking) App’d 302-01-BZ Deirdre A. Carson

1430 E. 29th St., BK Enlarge 1-family dwelling App’d 67-11-BZ Sheldon Lobel PC

147 Remsen St.,. BK Leg. phys. cult. est. (Massage Spa Envy) App’d 105-11-BZ Slater & Beckerman

1860 E. 23rd St., BK Enlarge 1-family dwelling App’d 128-11-BZ Fredrick A. Becker

1349 E. 26th St., BK Enlarge 1-family dwelling App’d 92-11-BZ Sheldon Lobel PC

2781 Shell Rd., BK Reconstruct tennis club App’d 8-11-A Beach Haven Group

1110 E. 22nd St., BK Enlarge 1-family dwelling App’d 115-11-BZ Fredrick A. Becker

430 Park Ave., BK Variance to const. 6-story school App’d 231-10-BZ Eric Palatnik PC

16 Eckford St., BK Permit phys. cult. est. (Quick Fitness) App’d 58-10-BZ Sheldon Lobel PC

6010BayPkwy.,BK Permitparkingreduction App’d 54-11-BZ FredrickA.Becker

135-35 Northern Blvd., QN Ext. time to complete construction App’d 156-03-BZ Goldman Harris

77-11 Roosevelt Ave., QN Ext. of term (auto repair) App’d 529-52-BZ Alfonso Duarte

135-11 40th Rd., QN Reduce required parking App’d 42-11-BZ Eric Palatnik PC

130-30 31st Ave., QN Change use of 2 floors to school App’d 255-00-BZ Sheldon Lobel PC

108-01 Atlantic Ave., QN Convert auto repair space to store App’d 593-69-BZ Eric Palatnik PC

56-02 Broadway, QN Ext. of term (Getty station) App’d 789-45-BZ Walter T. Gorman

27-28 Thomson Ave., QN Permit phys. cult. est. (Planet Fitness) App’d 106-11-BZ Sheldon Lobel PC

811 Liberty Ln., QN Bldg. not fronting mapped street App’d 118-11-A Joseph A. Sherry

188-07 Northern Blvd., QN Ext. term (plumbing supply store) App’d 624-68-BZ Rothkrug Rothkrug

1058 Forest Ave., SI Convert community facility to offices App’d 74-11-BZ James Chin & Assocs.

2936 Hylan Blvd., SI Ext. time to obtain C of O (dentist) App’d 280-98-BZ Rampulla Assocs.

70 Tennyson Dr., SI Allow 87-unit res. building App’d 73-11-BZ Rampulla Assocs.

830 Bay St., SI Ext. of term (service station) App’d 742-70-BZ Rothkrug Rothkrug

LANDMARKSPRESERVATIONCOMMISSION

ADDRESS LANDMARK/HISTORICDISTRICT DESCRIPTION CASENO. APP’D ISSUED

CERTIFICATEOFAPPROPRIATENESS

† Governors Island, MN Governors Island HD Demo. 6 non-historic buildings 12-8558 Yes 1/24/2012

Pier 15, MN South St. Seaport HD Const. 2-story structure, pavilion 12-8819 Yes 2/2/2012

111 Mercer St., MN SoHo-Cast Iron HD Ext. Construct rooftop addition 12-8721 Yes 2/3/2012

306 Bowery, MN NoHo East HD Remove doors, construct addition 12-8742 Yes 1/31/2012

148 Waverly Pl., MN Greenwich Village HD Legalize gate installation 12-9145 No 2/14/2012

47 W. 8th St., MN Greenwich Village HD Legalize infill replacement 12-8640 No 1/27/2012

12 E. 11th St., MN Greenwich Village HD Construct rear yard addition 12-8594 Yes 1/25/2012

416 W. 13th St., MN Gansevoort Market HD Replace windows 12-9023 Yes 2/9/2012

815 Madison Ave., MN Upper East Side HD Replace infill 12-8667 Yes 1/27/2012

80 Riverside Dr., MN Riverside- W. 80-81st St. HD Const. ramp, alter facade 12-8752 Yes 1/31/2012

121 E. 92nd St., MN Carnegie Hill HD Construct roof, rear additions 12-8886 Yes 2/6/2012

46 Willow St., BK Brooklyn Heights HD Const. dormers, inst. windows 12-8814 Yes 2/2/2012

36 Montgomery Pl., BK Park Slope HD Replace roof shingles 12-8501 Yes 1/23/2012

162 St. Marks Ave., BK Prospect Heights HD Leg. painting of facade, stoop 12-8636 Yes 1/26/2012

97 Water St., BK DUMBO HD Remove gates, replace infill 12-8948 Yes 2/7/2012

*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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Fried, Frank, Harris, Shriver &

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AGENCY

NUMBEROF

YEARS

NAME

DECISIONSAVAILABLE

BSA 3,827

2002-Present

Council 1,084

2003-2005

CPC 1,916

2003-Present

DOB 68

1999-Present

Landmarks

2,827 2002-Present

Loft Board 2,852

1996-Present