Howard Goldman

Central to the concept of zoning is that a developer may rely on the text and build to the limits written into the zoning resolution.  The council has now tinkered with that expectation.  Under a new local law, the council can potentially overcome the “as-of-right” option by adopting a text change on an expedited basis.

The local law was a response to the controversial Two Bridges project, a proposal consisting of three residential towers located on Cherry, South and Clinton Streets on the lower east side of Manhattan. These towers, to be developed by JDS Development Group, L+M Development Partners and CIM Group, and Starrett Development, range from 62 to 79 stories.  city planning ruled that, because the development  complied with the underlying zoning text, the project was not subject to advisory review by the borough president and approval by the city council pursuant to the uniform land use review procedure.      (read more…)

Welcome to CityLand‘s fifth annual top ten stories of the year! We have selected a range of our most popular and prominent stories, and guest commentaries concerning New York City land use in 2016. Our fifth year as an online publication was marked by the fight to pass the Mayor’s Mandatory Inclusionary Housing plan, proposed reforms to the building code to prevent illegal home conversions, and capped by the passage of state laws prohibiting Airbnb advertising in New York City. We at CityLand are excited to continue providing in-depth coverage of the latest land use projects, cases, and legislation in 2017 and look forward to seeing what the year will bring. Thank you for all of your support and have a happy new year!

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Howard Goldman testifies before the Board of Standards and Appeals. Image Credit: BSA.

The proposed redevelopment plan has been approved by Landmarks and has been modified slightly to comply with federal regulations, due to the site’s close proximity to LaGuardia Airport. On October 27, 2015, the Board of Standards and Appeals approved with conditions a request by Flushing Square, LLC., for a special permit to re-develop the RKO Keith’s Theatre, located at 135-35 Northern Boulevard in the downtown Flushing neighborhood of Queens, into a 16-story mixed use commercial and residential building with community facilities. The RKO Keith’s Theatre is a vacant building containing an interior landmark. The proposed development would exceed the height limitations established for the site’s area, which is a “designated flight obstruction” area due to its close proximity to LaGuardia Airport. (read more…)

Howard Goldman

Almost 55 percent of all renter households in New York City now pay more than 30 percent of their income towards housing costs, an increase of 11 percent since 2000. As a consequence, the City Planning Commission found that “many of the city’s neighborhoods are becoming less economically diverse, which poses a threat to the city’s economic competitiveness as well as to the opportunities available to lower-income New Yorkers.”

Mandatory Inclusionary Housing is one of the city’s responses to the housing shortage.  Released as a study in 2015 and adopted as a zoning text amendment in 2016, Mandatory Inclusionary Housing requires that a percentage of the total number of dwelling units in a new building or conversion be set aside, or new or rehabilitated affordable units be provided off-site, whenever there is an associated zoning change or special permit that increases the underlying residential development potential. (read more…)

Howard Goldman testifies before the Board of Standards and Appeals at its hearing on May 12, 2015. Image credit: BSA

In response to neighborhood concerns, the Board conditioned the zoning variance on several limitations meant to reduce the risk of excess noise and increase pedestrian safety. On October 16, 2016, the Board of Standards and Appeals approved with conditions a request by The Chapin School, Ltd. for a zoning variance to construct a three-story addition to its existing school, located at 100 East End Avenue on the Upper East Side of Manhattan.  The Chapin School, a unisex school serving 750 female students from kindergarten through 12th grade, sought the variance to build a new gymnasium and play roof onto its existing, decade-old building. (read more…)

Howard Goldman testifies before the Board of Standards and Appeals. Image credit: BSA

BSA found development value of subject lots could not be previously realized.  On December 16, 2014 the Board of Standards and Appeals voted to grant the applicants, West 29th Street Owner’s Corp. and The Flower House Condominium, an amendment of previously existing variances on two lots.  The amendment is required to merge the lots into one zoning lot and transfer their development rights to an as-of-right hotel in development on an adjacent site.  The subject lots are Lot 7502 on 111-113 West 28th Street and Lot 49 on 114-120 West 29th Street, between Sixth and Seventh Avenues.

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