Grassroots campaign takes to the streets to build community support to preserve rowhouses from out-of-character development. On Saturday, June 1, 2013, the Sunset Park Landmarks Committee (SPLC) sponsored its third walking tour of Sunset Park, Brooklyn. The tour, which begins on 43rd Street and 4th Avenue and concludes on 8th Avenue and 60th Street, is one of the committee’s ways to gain support for the creation of a historic district in Sunset Park by the Landmarks Preservation Commission.

Sunset Park is mainly composed of modest three-story, two-family structures, originally built for working class families during the 1890s to the 1910s. These rowhouses include neo-Grec, Romanesque Revival, and Renaissance Revival styles, and the structures are a combination of brick, brownstone, and limestone.

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Zoning Therapy

For 34 years the City has required a special permit for physical culture or health establishments. This requirement burdens owners and operators of health clubs, gyms, spas and studios, even where such uses would otherwise be permitted as-of-right. With the elimination of the now-unlawful adult physical culture establishments, the purpose and usefulness of the remaining regulations place an unnecessary burden on legitimate small businesses and should be modified or eliminated entirely.

During the crime-ridden 1970s, regarded by some as the City’s nadir, the City Planning Commission enacted amendments to the Zoning Resolution distinguishing between “physical culture or health establishments” and “adult physical culture or health establishments.” As explained at the Commission’s public hearing, “zoning has proved to be the most effective tool in closing down houses of prostitution masquerading as massage parlors or physical culture establishments.” The Commission’s action, which followed a one year moratorium on physical culture or health establishments within the City, was approved by the Board of Estimate in early 1979.

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Illustration: Jeff Hopkins.

Sign installation in New York City triggers regulations governing location, size, illumination, and construction. The New York City Building Code and the New York City Zoning Resolution are the two main bodies of law governing signs in New York City. The Building Code regulates the construction and maintenance of signs, such as permissible construction materials, and is primarily concerned with public health and safety. The Zoning Resolution, while implicating issues of public health and safety, also encompasses aesthetic considerations. Restrictions on the size, height, surface area, and illumination of a sign are intended to promote a distinctive look in that zoning district, while striking a balance between the desires of society and the rights of property owners. For example, an illuminated sign that may be a desirable tourist attraction in Times Square, becomes a nuisance in a residential neighborhood.

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Simeon Bankoff, executive director of the Historic Districts Council

Since its adoption in 1965, the New York City Landmarks Law has been amended several times. In 1973, the Landmarks Preservation Commission was allowed to designate landmarks as part of its regular schedule rather than having to wait three years between designation hearings, as had previously been the case, and also gained the ability to designate publicly owned parks and publicly accessible interiors as landmarks. In 1997, the agency gained the ability to enforce the law with civil fines, and in 2005, this ability was extended to cases of demolition by neglect. All these amendments extended the powers of the Landmarks Preservation Commission and strengthened the agency. The same cannot be said of the many reforms proposed by the City Council earlier this year.

On May 2, 2012, the City Council held a joint meeting of the Housing and Land Use Committees to deliberate on eleven previously introduced and brand new bills, ranging from the benign to the emasculating, all related to the workings of Landmarks. The hearing lasted almost five hours and over 50 people from neighborhoods across New York testified on the bills, almost unanimously in opposition. The only people testifying in favor of the bills were representatives of the Real Estate Board of New York, who had recently organized the “Responsible Landmarks Coalition,” a gathering of real estate and development interests whose “Proactive Policy Agenda” closely mirrors the most damaging of the reform proposals. For the purposes of summation, I have divided the eleven bills into three sets.

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175 Grand Street, Brooklyn

Company argued that two promotional contest signs installed at bodega were accessory signs. On September 9, 2010, the City’s Department of Buildings issued four notices of violation to Contest Promotions NY LLC for two signs installed at the New Grocery and Deli located at 175 Grand Street in Brooklyn. Contest Promotions is a promotional company that works with businesses to promote contests and sweepstakes. The sign featured advertisements for the Nikita television program and the Topman clothing store. Directly above the advertisements, each sign featured small text for a promotional contest that read, “Free posters, while supplies last – Enter here to win great prizes.” Two NOVs charged violations of the City’s zoning resolution for installing advertising signs in an area where such signs were prohibited. The other two NOVs charged violations of the City’s building code for illegally installing signs without a building permit while acting as an unregistered outdoor advertising company.

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