Theatre obtains expanded air rights after Commission modifies plan. Allen Goldman, of Fifth Street Holdings, LLC and SJP Residential Properties, sought to increase the air rights available for sale from the Hirschfeld Theatre on West 45th Street through a text amendment application. The theater site lies within two zoning lots; air rights, however, can only be sold from one lot under the current text. The restricted lot lies within the Preservation Area of the Special Clinton District, an area created to restrict the size of development in Clinton. Goldman’s amendment sought to transfer air rights from both lots and remove the floor area restrictions of the Special Clinton District solely for the purposes of an air rights sale. This would increase the unused air rights from 22,155 to 37,384 sq.ft. (4.2 FAR to 6.02 FAR).

If approved, Goldman would transfer the air rights to a proposed 42-story, 220-unit residential development to be located at 750 Eighth Avenue. Along with the text amendment, Goldman applied for a special permit for a 101-space garage within the 750 Eighth Avenue development. Both applications started the City’s land use review process in April 2006. 3 CityLand 56 (May 15, 2006).

At the Planning Commission hearing, a representative from Manhattan Community Board 4 and Anthony Borelli from Borough President Scott Stringer’s office asked the Commission to modify Goldman’s plan by prohibiting the transfer of Hirschfeld’s air rights to any lot within the Special Clinton District’s Preservation Area.

The Planning Commission unanimously approved the text amendment with the requested change, as well as Goldman’s special permit for the 101-space garage. In its approval, the Commission noted that of the 46 existing Broadway theaters allowed to transfer air rights under the code, the Hirschfeld Theater was the only one restricted from transferring all of its unused air rights. Without the change, the Commission emphasized that Hirschfeld’s owner would be required to maintain the theater for the usable life of the new development without the benefit of a complete sale of all its unused rights.

ULURP /Public Review
Text Amendment
Lead Agency: CPC,Rev.Neg.Dec.
Comm.Bd.: MN 4, App’d, 32-0-1, MN 5, App’d, 27-10-1
Boro. Pres.: App’d
Council: Pending

Special Permit
Lead Agency: CPC,Rev.Neg.Dec.
Comm.Bd.: MN 5, App’d, 35-0-1
Boro. President: App’d

CPC: Martin Beck Theater Development Rights Transfer Manhattan, 750 Eighth Avenue Parking Garage (N 060433 ZRM – text amendment); (C 060434 ZSM – special permit, 101-space garage) (August 9, 2006) (Paul Selver, Jeremiah Candreva, for Goldman and SJP). CITYADMIN