Plans sent back to Community Board, Landmarks and Art Commission. Under Parks’ plan to renovate Washington Square Park in Greenwich Village, the off-center fountain would be moved 22 feet to align it with the park’s famous arch at its Fifth Avenue entrance. The new fountain would be raised to grade level, have a 45-foot high water plume, and be 23 percent smaller than its current size. Parks received approvals for renovations from Manhattan’s Community Board … <Read More>
Search Results for: Land Use Law
Court rejects challenge to Hudson Yards condemnation
Easements for No. 7 line challenged. In October 2005, the MTA and the Planning Commission issued the final determination and findings, approving the extension of the No. 7 line from Times Square to 34th Street and Eleventh Avenue. The final determination approved the acquisition by eminent domain of property and easements and the related zoning for that property.
Five landowners, including Milstein Brothers 42nd Street and Mercedes-Benz Manhattan, filed petitions under the eminent domain law … <Read More>
Court affirms dismissal of spot zoning claim
Lower Manhattan property owner claimed it was singled-out by down-zoning. In 2003, the City Council approved a South Street Seaport down-zoning that reduced the permitted height and mass of future development in a 10-block area of Lower Manhattan. Peck Slip Associates LLC., the owner of a surface parking lot at 250 Water Street, sued the City and City Council, claiming that the down-zoning made development impossible. It further claimed that the 2003 downzoning was inconsistent … <Read More>
Court rejects challenges to sale of Two Columbus Circle
Preservation group opposes conversion and remodeling of modernist building. Landmark West, a historic preservation group, seeks to stop the EDC’s sale of the nine-story modernist building at Two Columbus Circle to the Museum of Arts and Design. In February 2005, it lost its first two challenges to the sale, (2 CityLand 28 (Mar. 15, 2005)), when the First Department ruled that the Landmarks Preservation Commission was under no obligation to hold a public hearing on … <Read More>
People v. Second Ave. Woodworking Corp.
Owner challenged the necessity of taking entire property. DEP applied to the Planning Commission to acquire a 12,500-squarefoot unimproved property used as a parking lot on Grand Street between Crosby and Lafayette Streets for the construction and maintenance of Shaft 30B of the Third Water Tunnel. After its construction, DEP proposed to use the lot as public open space. Following a public hearing, the Commission approved in April 2004.
In November 2004, the City filed … <Read More>
Court orders Buildings not to issue violation
Developer failed to issue Staten Island homeowners final C of O three years after construction was completed. In March 2001, Jamie Minchew and Rocco Rinella hired ATP Development Corp. to build a house at 44 Cottontail Court in Staten Island. Eight months later they closed on the house without a final certificate of occupancy, but ATP agreed it would furnish a final certificate of occupancy within one year. Several temporary certificates were issued up until … <Read More>