Owner claimed that federal law pre-empted Central Park West building from rent stabilization. In 1969, Jacob Haberman purchased nine separate tenement buildings at 431–439 Central Park West in Manhattan. Haberman took out a loan from the Federal Housing Administration in order to rehabilitate and combine the tenements into a single apartment building containing 120 units. In 1980, Haberman received a subsidy grant from the U.S. Department of Housing and Urban Development, and contracted with HUD to continue renting to low- and moderate-income tenants until the loan matured in 2011. (more…)

Court rejected neighbors’ article 78 challenge to nine-story mixed-use building adjacent to landmarked synagogue. Congregation Shearith Israel applied to BSA for a variance to build a nine-story mixed-used building adjacent to its landmarked synagogue at the corner of West 70th Street and Central Park West in the Upper West Side-Central Park West Historic District. In addition to the synagogue, Shearith Israel owns a four-story parsonage house to the south of the synagogue along Central Park West and a four-story community house to the west of the synagogue along West 70th Street. Shearith Israel planned to demolish the community house to build the project. The proposed building’s first four floors would be occupied by community facility uses, including adult education classrooms, a Jewish day school, and a synagogue reception and banquet area. The top five floors would be developed into five market-rate condominiums.

The majority of Shearith Israel’s zoning lot is zoned R10A, but a portion of the lot along West 70th Street is zoned R8B. Shearith Israel needed the variance because the 105-foot building would violate, among other things, the zoning resolution’s maximum building height and setback regulations. Prior to applying to BSA, Shearith Israel obtained approval from Landmarks to demolish the community house and build the proposed mixed-use development.  (more…)

Accessory garage’s 1973-issued certificate of occupancy permitted transient parking as secondary use. On March 10, 2010, the City Planning Commission approved Central Parking Systems’ application for a special permit to convert an existing 213- space accessory parking garage at 159 West 48th Street in Manhattan into a 220-space public parking garage. Central Parking would also provide 23 bicycle parking spaces.

The garage occupies six floors and the roof of a seven-story building with ground floor retail. The facility was built in 1973 as an accessory parking garage for an office building located at 1185 Sixth Avenue. Its certificate of occupancy permits transient parking as a secondary use. In October 2009, Buildings issued Central Parking a notice of violation for operating the garage as a public parking facility contrary to its certificate of occupancy. (more…)

Local residents claimed that all open space on a multiple building zoning lot must be accessible to all occupants of the zoning lot. 808 Columbus Avenue LLC obtained a permit from Buildings to construct a 29-story, mixed-use building within Park West Village on Manhattan’s Upper West Side. The new building would share a zoning lot with three 16-story residential buildings located on a superblock bounded by West 100th Street on the north, Columbus Avenue on the west, West 97th Street on the south, and Central Park West on the east. Local residents challenged the permit approval, but Buildings’ Manhattan Borough Commissioner upheld the permit. The residents appealed to BSA seeking to revoke the permit.

The residents claimed that open space requirements of the Zoning Resolution had been violated because some of the proposed building’s open space would not be accessible to residents living in the other three buildings within the zoning lot. The residents also claimed that the 56,000 sq. ft. Whole Foods supermarket slated for the first floor and cellar should have been classified as a variety or department store rather than a food store because of its proposed size, location, and delivery requirements. Variety stores could not exceed 10,000 sq. ft. and department stores were prohibited in the C1-5 district. Manhattan Borough President Scott Stringer argued that Buildings had recently classified a Costco store in Queens as a department store, and that, like Whole Foods, Costco primarily sold food and food-related items. The residents also asserted that an environmental review of the project’s potential impacts was required before Buildings could issue a permit. (more…)

Morningside Park will be City’s tenth scenic landmark. On July 15, 2008, Landmarks voted to designate Morningside Park a scenic landmark, the first since 1983. Designed by Central Park architects Frederick Law Olmsted and Calvert Vaux, the park consists primarily of a stone cliff between 110th and 123rd Streets, separating the neighborhoods of Morningside Heights and Harlem. Built between 1867 and 1895, the 30-acre park also features curvilinear walks, a buttressed stone retaining wall, a pond, and a waterfall. At an April 10, 2007 hearing, Parks Commissioner Adrian Benepe expressed strong support for designation. 4 CityLand60 (May 15, 2007).

Morningside Park has undergone some substantial alterations in its history, including a playground installation by Robert Moses in the 1940s. In the 1960s, Columbia University planned to build a gymnasium in the park, a plan that was ultimately quashed by student and community protests. Neglected throughout much of the 20th century, the Parks Department undertook a large restoration project in 1989. (more…)