THE CITY OF NEW YORK
OFFICE OF THE PRESIDENT
BOROUGH OF MANHATTAN
SCOTT M. STRINGER
BOROUGH PRESIDENT
MUNICIPAL BUILDING v 1 CENTRE STREET v NEW YORK, NY 10007
PHONE (212) 669-8300 FAX (212) 669-4305
www.mbpo.org bp@manhat tanbp.org
OFFICE OF THE PRESIDENT
BOROUGH OF MANHATTAN
SCOTT M. STRINGER
BOROUGH PRESIDENT
MUNICIPAL BUILDING v 1 CENTRE STREET v NEW YORK, NY 10007
PHONE (212) 669-8300 FAX (212) 669-4305
www.mbpo.org bp@manhat tanbp.org
Christopher Santulli
Manhattan Borough Commissioner
Department of Buildings
280 Broadway 3rd Floor
New York, NY 10007
Dear Borough Commissioner Santulli:
Thank you for all the work you have done related to the retaining wall collapse at 808 Columbus Avenue. The safety of the residents at 784 Columbus Avenue must be the primary focus of the city right now. Construction must not continue until the city and the community can be assured that the developers and contractors are prepared to construct a project of this magnitude in a safe manner.
However, even if these safety issues were to be satisfactorily resolved, I am concerned that the proposed development itself may not be legally permissible under our City’s laws. Specifically, the open space and density of the building, the number of parking spaces, the relocation of curb cuts, and the approval of a large retail establishment may violate the requirements of the New York City Zoning Resolution. I hereby request that the Department of Buildings (“Department”) revoke the reconsiderations granted to the developer of 808 Columbus Avenue, and revoke building permit #104464438 for the reasons listed below.
Open Space and Floor Area
To obtain the maximum density of a development such as this one a developer must follow the required open space ratio under Section 23-142 of the Zoning Resolution. Pursuant to Section 12-10 of the Zoning Resolution, such open space must “be accessible to and useable by all
persons occupying a dwelling unit or a rooming unit on the zoning lot.” This would include the residents of the existing Park West Village Buildings.
The developer sought a reconsideration on March 20, 2006 of the open space requirement, because the plans have rooftop open space on top of the commercial strip that will only be accessible to the new building, not to the rest of the residents of the zoning lot.
The Zoning Resolution does not permit this. Open space must be open to every dwelling unit on the zoning lot. If the open space is not open to every dwelling unit, it cannot be counted as open space. Therefore the developer does not meet the requirements of Section 23-142 and the floor area ratio and the height of the building is illegal.
Only the Board of Standards and Appeals and the City Planning Commission may waive requirements of the Zoning Resolution, and only under specific sets of circumstances and after a public review process.
Accessory Parking Spaces
The developer has also proposed to move 204 surface parking spaces from other parts of Park West Village into the proposed new building at 808 Columbus Avenue, along with 126 new residential parking spaces. The existing spaces are permitted as “grandfathered” uses, but the proposed new garage cannot contain these “grandfathered” spaces.
The developer sought a reconsideration in a letter to the DOB on March 20, 2006, to permit the relocation of these spaces. Section 11-111 of the Zoning Resolution requires that all new buildings be built under the requirements of the Zoning Resolution. Since a new building must comply with the Zoning Resolution, it cannot contain a non-conforming use. An accessory parking garage of 330 spaces at 808 Columbus Avenue can only be permitted by approval of a special permit by the City Planning Commision, which would require review through ULURP.
While the Department may have the authority to move permitted curb cuts from one location to another location very nearby on the same street, it does not have the authority to permit entirely new curb cuts on a street that currently lacks them if such curb cuts require approval of the City Planning Commission. These curb cuts can only be permitted after public review and approval by the Commission.
Retail Establishment
Finally, the developer has leased space to Whole Foods. This establishment may not qualify as permitted use under Use Group 6, which is local retail. The proposed store is 56,000 square feet and typically will include many services other than just grocery shopping. Since these stores will draw a large amount of traffic and have a variety of services, it would be more appropriately defined as Use Group 10 as a variety store pursuant to §32-19 of the zoning resolution.
Use Group 10 is not permitted at the proposed development, which is in a residential zoning district with a C1-5 overlay. A store of this size would overwhelm the residential streets and is not appropriate and cannot be legally placed in this district.
Conclusion
Based on the foregoing, I request that the Department of Buildings revisit its reconsiderations for this project and revoke building permits. To permit these actions without public review through ULURP would circumvent our public review process and violate the City Charter. I would be willing to provide further rationale and documentation of the aforementioned concerns, and look forward to working with you to ensure that any future development at Park West Village conforms to our City’s laws.
Sincerely,
Scott M. Stringer
Manhattan Borough President
Manhattan Borough Commissioner
Department of Buildings
280 Broadway 3rd Floor
New York, NY 10007
Dear Borough Commissioner Santulli:
Thank you for all the work you have done related to the retaining wall collapse at 808 Columbus Avenue. The safety of the residents at 784 Columbus Avenue must be the primary focus of the city right now. Construction must not continue until the city and the community can be assured that the developers and contractors are prepared to construct a project of this magnitude in a safe manner.
However, even if these safety issues were to be satisfactorily resolved, I am concerned that the proposed development itself may not be legally permissible under our City’s laws. Specifically, the open space and density of the building, the number of parking spaces, the relocation of curb cuts, and the approval of a large retail establishment may violate the requirements of the New York City Zoning Resolution. I hereby request that the Department of Buildings (“Department”) revoke the reconsiderations granted to the developer of 808 Columbus Avenue, and revoke building permit #104464438 for the reasons listed below.
Open Space and Floor Area
To obtain the maximum density of a development such as this one a developer must follow the required open space ratio under Section 23-142 of the Zoning Resolution. Pursuant to Section 12-10 of the Zoning Resolution, such open space must “be accessible to and useable by all
persons occupying a dwelling unit or a rooming unit on the zoning lot.” This would include the residents of the existing Park West Village Buildings.
The developer sought a reconsideration on March 20, 2006 of the open space requirement, because the plans have rooftop open space on top of the commercial strip that will only be accessible to the new building, not to the rest of the residents of the zoning lot.
The Zoning Resolution does not permit this. Open space must be open to every dwelling unit on the zoning lot. If the open space is not open to every dwelling unit, it cannot be counted as open space. Therefore the developer does not meet the requirements of Section 23-142 and the floor area ratio and the height of the building is illegal.
Only the Board of Standards and Appeals and the City Planning Commission may waive requirements of the Zoning Resolution, and only under specific sets of circumstances and after a public review process.
Accessory Parking Spaces
The developer has also proposed to move 204 surface parking spaces from other parts of Park West Village into the proposed new building at 808 Columbus Avenue, along with 126 new residential parking spaces. The existing spaces are permitted as “grandfathered” uses, but the proposed new garage cannot contain these “grandfathered” spaces.
The developer sought a reconsideration in a letter to the DOB on March 20, 2006, to permit the relocation of these spaces. Section 11-111 of the Zoning Resolution requires that all new buildings be built under the requirements of the Zoning Resolution. Since a new building must comply with the Zoning Resolution, it cannot contain a non-conforming use. An accessory parking garage of 330 spaces at 808 Columbus Avenue can only be permitted by approval of a special permit by the City Planning Commision, which would require review through ULURP.
Curb Cuts
The developer has sought a reconsideration dated March 26, 2006 to allow the moving of curb cuts from Columbus Avenue to West 97th Street and West 100th Street. However, all three streets are “wide streets” as defined by the Zoning Resolution. The Zoning Resolution does not allow curb cuts on wide streets except by authorization of the City Planning Commission pursuant to Section 13-533 of the zoning resolution.
While the Department may have the authority to move permitted curb cuts from one location to another location very nearby on the same street, it does not have the authority to permit entirely new curb cuts on a street that currently lacks them if such curb cuts require approval of the City Planning Commission. These curb cuts can only be permitted after public review and approval by the Commission.
Retail Establishment
Finally, the developer has leased space to Whole Foods. This establishment may not qualify as permitted use under Use Group 6, which is local retail. The proposed store is 56,000 square feet and typically will include many services other than just grocery shopping. Since these stores will draw a large amount of traffic and have a variety of services, it would be more appropriately defined as Use Group 10 as a variety store pursuant to §32-19 of the zoning resolution.
Use Group 10 is not permitted at the proposed development, which is in a residential zoning district with a C1-5 overlay. A store of this size would overwhelm the residential streets and is not appropriate and cannot be legally placed in this district.
Conclusion
Based on the foregoing, I request that the Department of Buildings revisit its reconsiderations for this project and revoke building permits. To permit these actions without public review through ULURP would circumvent our public review process and violate the City Charter. I would be willing to provide further rationale and documentation of the aforementioned concerns, and look forward to working with you to ensure that any future development at Park West Village conforms to our City’s laws.
Sincerely,
Scott M. Stringer
Manhattan Borough President
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