Planned 1909 Bronx suburb designated. At a January 10, 2006 Landmarks meeting, the Commission unanimously voted to designate the Fieldston community in the Bronx as a historic district. Fieldston is an example of an early twentieth-century planned community that evolved to incorporate modern design as well as Medieval, English, Tudor, Dutch, and Mediterranean architecture. Landmarks Chair Robert Tierney hailed the designation as part of the Commission’s “goal to designate landmarks and historic districts throughout the city,” especially outside of Manhattan. Commissioner Stephen Byrns stated that he had long supported the project as an important preservation for both the city and the nation.

The Fieldston district was originally conceived by developers in 1909 as “a private park devoted exclusively to country homes,” and was landscaped in the romantic style, featuring winding roads following the natural topography. The houses were built in an eclectic blend of styles, drawn from a list of approved architects, including Frank J. Forster and Julius Gregory. In the 1950s, Fieldston’s property owners’ association relaxed its guidelines, allowing a number of architecturally significant modern homes to be built. At the designation vote, Commissioner Joan Gerner pointed out that the city has few districts with single-family homes.

Developer did not follow plans filed with Buildings. Between February and April 2002, Buildings issued C of Os for ten buildings within a multi-building residential development along 34th Avenue in Flushing, Queens. Buildings later found that the buildings were not built according to approved plans and sought to revoke the C of Os. Buildings argued that the approved plans incorrectly identified a floor as a mezzanine and that a fourth floor was inappropriately constructed as an independent dwelling unit. Buildings also found that, contrary to approved plans, interior roof access stairs were not provided and accessible exterior routes and primary entrances were not up to code. The developer also failed to comply with off-street parking regulations and minimum distances between windows and the side lot line.

Although the developer received construction permits from Buildings in March 2005 to correct objections at five of the buildings, the developer did not complete the work and the remaining five buildings had a “disapproved” status. The developer indicated that work was expected to be completed in December 2005 for the five permitted buildings, while work on the five disapproved buildings was expected to be completed by January 2006.

Developer gets variance to build a 200-unit, mixed-use development on site occupied by historic theater. Boymelgreen Developers, owner of two lots located at the intersection of Northern Boulevard and Main Street in Flushing, Queens, totaling 41,880 square feet, sought to construct a 200-unit, seventeen- story, mixed-use building with accessory parking. The building will be constructed on two currently improved lots. The first lot contains a two-story commercial building that will be demolished. The second lot contains the RKO Keith Flushing Theater, which is home to an interior landmark.

Boymelgreen argued that several unique features of the site created an unnecessary hardship. The limited street frontage along Northern Boulevard, much of which is occupied by the theater, required the residential tower to be built above the theater. Boymelgreen also argued that restoration and protection of the theater during construction would be costly and time consuming. According to Boymelgreen, bringing the theater up to modern standards was infeasible because it would require an increased incline on the ground floor for stadium seating and a rebuilt balcony. Among other waivers requested, Boymelgreen sought to increase the allowable residential FAR for from 2.43 to 6.86 and the mixed-use FAR from 4.8 to 7.5.

Owner argued that former hydroponic bean sprout farm created hardship. The owner of 425 Broome Street sought to add partial sixth and seventh stories to an existing five-story building, provide 10 accessory parking spaces and use the first floor as a spa. The building, zoned for use as joint living/work quarters for artists, will add 6,730 square feet in floor area, increasing the number of artist units to twelve.

The owner argued that a hardship existed because a hydroponic bean sprout farm, formerly located in the basement, created structural and mold problems, and the building’s single hydro-powered elevator was obsolete and inoperable. BSA initially questioned whether the bases for hardship were common maintenance issues. The owner, however, presented evidence showing that because of the hydroponic farm, trenches had been dug into the basement floor, causing soil erosion and structural damage.

Underground storage tanks contribute to hardship. The owner of 1 Seventh Avenue South proposed to replace an existing auto service center with a five-story, mixed-use development.

The owner argued that the triangular shape of the small lot, the presence of four, 550-gallon under ground storage tanks, one waste-oil underground storage tank, gasoline contamination of the soil, the site’s proximity to the subway, and a nearby truck route to the Holland Tunnel created a hardship. The applicant elaborated that the 1,600-squarefoot lot did not contain enough area to permit an as-of-right multiple dwelling. The applicant also stated that it would need to take considerable protective measures during construction due to the site’s proximity to the subway and that site remediation would be costly.

Poor soil conditions and site contamination create hardship. The owner of 469 West Street sought to construct a 64-unit, fifteen-story mixed-use development with ground floor retail and an underground 60-space accessory parking garage on the current site of the Superior Ink factory. The proposed development would consist of a three-story base topped with a twelve-story residential tower and a series of five, three-story townhouses fronting Bethune Street. In support of a variance, the owner argued that the L-shaped lot created a narrow depth along Bethune Street which prevented a double-loaded corridor. Also, the owner argued that the site’s poor soil conditions and high water table required an extensive pile foundation system and dewatering measures. Finally, the owner argued that the site’s soil was contaminated due to its prior use as a printing establishment. The original proposal called for a twenty- story curvilinear residential tower with 103 units, set back ten feet from West Street. Manhattan Community Board 2, Council Member Christine Quinn and the Greenwich Village Society for Historic Preservation recommended disapproval of the application. After the Far West Village was rezoned on October 11, 2005, 2 CityLand 147 (Nov. 15, 2005), the applicant modified its application to fifteen stories with a fifteen-foot setback. The applicant also modified the proposal by centering the residential tower along West Street.