Rendering of reconstructed and restored building at 59 Greenwich Avenue in Greenwich Village, Manhattan. Image Credit: CPC.

The applicant needs special permit to modify zoning requirements. On December 5, 2018, the City Planning Commission held a public hearing on an application for a special permit to modify the use and building envelope requirements for a four-story building located at 59 Greenwich Avenue in the Greenwich Village Historic District in Manhattan. If granted, the special permit will allow the applicant to repair and reconstruct the existing building and use the first two floors as a combined hair products retailer and hair salon. The applicant is Los Angeles hair stylist, Chaz Dean, who was represented at City Planning by project executive Tim Campbell and attorney Judith M. Gallent of Bryan Cave. (read more…)

Example of an enlargement pursuant to a BSA-approved special permit in Brooklyn Community District 10 (original residence shown on the left). Click Photo to enlarge. Image credit: Brooklyn Community Board 10

Special Permit was meant to allow growing families to expand their familial residences, but Brooklyn Community Board 10 argues that its usage has been abused. On June 20, 2016, a proposal was presented to the City Planning Commission to amend the New York City zoning text relating to the Board of Standards and Appeals Special Permit provisions under Section 73-622, which provides for the enlargement of one- and two-family detached and semi-detached residences. Currently, Section 73-622 only applies to four Community Districts, and it permits additions to the perimeter wall height, and extensions into the requisite rear yards and side yards of the residences located within those Community Districts.

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Commission declined to use quarter-mile radius test to determine the sufficiency of available parking nearby. On March 4, 2009, the City Planning Commission approved, with modification, 405 West 53rd Development Group LLC’s special permit application for a 37-space accessory parking garage. The garage would be located on portions of the cellar and ground floor of an 84-unit, as-of-right residential building located at 405-427 West 53rd Street in Clinton/Hell’s Kitchen, Manhattan.

At the Commission’s January 21st public hearing, Anthony Borelli, Director of Land Use for Manhattan Borough President Scott Stringer, spoke in opposition, stating that the garage was unnecessary given the ample amount of available parking within a quarter-mile radius of the project site. 6 CityLand 5 (Feb. 15, 2009). Anna Levin, of Community Board 4, stated that sufficient parking existed even if the radius was reduced to three blocks, especially since an 81-space parking garage located on the same block would soon be reopened. CB4 was willing to accept 17 spaces (parking for about 20 percent of the total units), but Stringer recommended that the application be completely denied because the applicant failed to prove that there was insufficient parking within the vicinity of the site. Stringer, in his recommendation report, noted that over a thousand parking spaces were usually vacant within a quarter-mile radius of the site. (read more…)

Project approved after concerns over potential adverse effects on small businesses addressed. On February 26, 2009, the City Council approved a special permit application to facilitate construction of The Shops at Gateway, a retail shopping center at the corner of Flatlands and Fountain Avenues in East New York, Brooklyn. The developer, Morgan B. Realty LLC, intends to build three one-story buildings with about 230,000 sq.ft. of retail space for approximately 25 commercial tenants. The development site is zoned M1-1, which limits certain retail uses to 10,000 sq.ft. of floor area. The majority of retail stores will range in size from 2,000 – 5,000 sq.ft., but the developer also intends to construct two or three stores larger than 10,000 sq.ft. The special permit allows for larger retail stores because it removes the floor area limitation on some retail and service uses, including variety, clothing, and department stores.

At Council’s Zoning & Franchises Subcommittee hearing, Morgan’s attorney, Howard Goldman, stated that the project would benefit the community by providing a wider variety of shops and services than is currently available in the area. He also stated that the City Planning Commission found that the larger retail stores would not adversely affect local businesses, and pointed out that the project would create approximately 700 jobs for local residents. Council Member Charles Barron, whose district includes East New York, stated that he thought the project could have been successful providing only small retail space, and expressed concerns about the negative impact the large stores might have on small businesses. Council Member Larry B. Seabrook asked if the developer had set any goals regarding the use of minority contractors. The developer responded that he was willing to work closely with the community and Barron on this issue. Barron asked that the vote be laid over so that he could meet with the developer for further discussions. (read more…)

Opponents disputed developer’s claim that there was insufficient parking within the vicinity of the site. On January 21, 2009, the City Planning Commission heard testimony regarding 405 West 53rd Street Development Group LLC’s special permit application for a 37-space accessory parking garage within a seven-story mixed-use development in the Clinton/Hell’s Kitchen section of Manhattan. The garage would occupy portions of the cellar and ground floor of the development, which consists of approximately 83 owner-occupied units and commercial space. The site, formerly a 225-space surface public parking lot, is located at 405-427 West 53rd Street between Ninth and Tenth Avenues.

Ethan Goodman of Wachtel & Masyr LLP spoke on behalf of the applicant. He explained that the unattended, self-park accessory spaces would be for the exclusive use of the residents, and would not be rented on a per-hour or other transient basis. Since accessory parking was not allowed as-of-right under current zoning, the developer needed a special permit from the Commission based partly on insufficient parking “within the vicinity” of the building. When Borough President Scott Stringer and Community Board 4 reviewed the application, they recommended denial because they believed this finding was not met. (read more…)

Subcellar, cellar, and first floor of 11-story hotel may be used for hotel and retail uses. On January 28, 2009, the City Council approved Crosby Street Hotel LLC’s special permit application requesting an additional 19,116sq.ft. for hotel and retail uses within an 11-story hotel at 79 Crosby Street in SoHo, Manhattan. The surrounding neighborhood is mostly three- to seven-story buildings and loft buildings with ground floor retail.

Normally prohibited below the floor level of the second story in M1-5B districts, hotel and retail uses may be allowed in such areas through a special permit from the City Planning Commission. In order for the Commission to grant the special permit, it must find that the owner of the space, or a predecessor in title, has made a good faith effort to rent the space to a permitted use at fair market value. In cases where the building occupies less than 3,600sq.ft. of lot area, the Commission must also find that the good faith marketing effort was actively pursued for at least six months prior to the date of the special permit application. (read more…)