West 43rd and West 47th Streets sites upzoned. On November 10, 2004, the full Council approved without modification the two applications of Verizon New York, Inc. to alter the zoning on a 143,300 sq.ft. full-block site on West 47th Street and a 45,200 sq.ft. site on West 43rd Street. Both sites are between 11th and 12th Avenues.

With the approval, the size of the building area permitted on the West 43rd Street site increased from 90,400 sq.ft. to 542,000 sq.ft. and residential units are now permitted asof- right. Verizon plans to sell this property and consolidate its uses on the West 47th Street site. The West 47th Street area can now increase its permitted development size from 286,600 sq.ft. to 716,500 sq.ft.

Development will contain 38 units of senior housing, office space, and 54 tenant parking spaces. The Department of Citywide Administrative Services obtained approval to dispose of a 47,108 sq.ft. site located at 240-02 North Conduit Avenue, currently providing 40 parking spaces for Rosedale LIRR commuters, to the New York City Economic Development Corporation for a new mixed-use development. EDC will transfer the site to Stone Ridge Homes, Inc., which will develop a three-story, 16,402 sq.ft. office building and a two-story, 38-unit senior housing home. DCAS stated that the lost LIRR parking spaces could be accommodated on an adjacent City parking lot, which is temporarily in use as a staging area for the Rosedale Station improvements.

At the November 30, 2004 City Council Subcommittee hearing, Council Member James Sanders Jr. stated that his concern over the senior housing facility’s proximity to JFK airport had been addressed by the developer’s commitment to soundproof the housing units and, consequently, he dropped his opposition. The full Council approved on December 7, 2004.

Watchtower reduced height to gain approval of complex. On December 2, 2004, following extensive negotiations between the developer and Council Members Leticia James and David Yassky, the City Council approved the 736,400 sq.ft. development proposed by the Watchtower Bible and Tract Society of New York, Inc., subject to a height reduction. The modification, which reduced the street-wall heights of the Front Street buildings to 82 ft. and a maximum height of 110 ft. away from the street, was the second modification agreed to by Watchtower to obtain City approval.

Watchtower assembled the 135,000 sq.ft. site, encompassing the entire 3-acre city block bounded by Front, Bridge, York and Jay Streets, during the 1980s and the 1990s, but left it vacant. It remains one of the only large, undeveloped parcels in the area, and its location, immediately adjacent to an “F” subway line entrance, makes it a vital entry point for DUMBO.

Site now used for b us parking lot. Enopac Holding LLC, which since 1995 operated a parking lot for 150- 180 school buses on its property located at 6055 -6065 Strickland Avenue in Brooklyn, sought a use variance from the BSA to allow the construction of six mini-storage buildings on the property. Although the site historically contained several heavy and light industrial uses, including a waste treatment facility, the City rezoned the area in 1996 to residential R3-1.

BSA denied the variance, finding that six large garage buildings would be extremely detrimental to a proposed adjacent development of 52 semi-detached homes, and would permanently change the character of the residentially- zoned neighborhood. BSA rejected consideration of Enopac’s claim that the 52-unit construction, due to high remediation costs, would be abandoned. BSA also found that, although the parking lot pre-existed the rezoning, it was less permanent than the six proposed structures.

Down-zoning in South Street Seaport upheld. Peck Slip Assoc. LLC, the owner of a surface parking lot at 250 Water Street, sued the City seeking to invalidate City Council’s down-zoning of the South Street Seaport area on a claim that the rezoning made 250 Water Street impossible to develop.

In April 2003, the City Council approved a South Street Seaport down-zoning, reducing the permitted height and mass of all future development in a l O-block area of Lower Manhattan bounded by Dover, Pearl, Fulton and South Streets. (See map on back.) The rezoned area corresponded to the boundaries of the 1 977 Landmarks designation of the South Street Seaport Historic District, and culminated almost 40 years of City, State and community land use decisions on South Street Seaport.

Staten Island residential developer denied certification. Salvatore Culotta wanted to build 12 dwelling units in six detached residences on property he owned in the Special South Richmond Development District, a special zoning district created by the City in 1977. Before applying to Buildings for a permit, however, Culotta was required to apply to City Planning for a certification that there was sufficient school capacity to accommodate the expected increase in school children. When Culotta filed for certification in 2004, City Planning withheld it because the property had an outstanding Buildings violation for the alleged unauthorized removal of a tree.

Culotta filed an article 78 petition to compel City Planning to issue the certification. Justice Eric N. Vitaliano dismissed the petition, finding that, under the Zoning Resolution, City Planning could adopt reasonable guidelines for issuing certifications and that its policy of withholding certificates from a developer with outstanding violations was reasonable. The outstanding Buildings violation would prevent the project from proceeding and issuing a certificate would only serve to hold up school seats that may otherwise be used for other project developments.