File #: Res 0760-2019    Version: * Name: LU 323 - Zoning, 59 Greenwich Avenue, Manhattan (C 190070 ZSM)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 2/13/2019
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on ULURP No. C 190070 ZSM, for the grant of a special permit (L.U. No. 323).
Sponsors: Rafael Salamanca, Jr., Francisco P. Moya
Council Member Sponsors: 2
Attachments: 1. Resolution, 2. Land Use Calendar - Week of January 7, 2019 - January 14, 2019, 3. January 9, 2019 - Charter Meeting with Links to Files, 4. Hearing Testimony - Zoning 1-10-19, 5. Land Use Calendar - Week of January 28, 2019 - February 1, 2019, 6. Hearing Transcript - Zoning 1-10-19, 7. Land Use Calendar and Agenda for February 6, 2019, 8. February 13, 2019 - Stated Meeting Agenda with Links to Files, 9. Hearing Transcript - Stated Meeting 2-13-19, 10. Minutes of the Stated Meeting - February 13, 2019, 11. Committee Report




Resolution approving the decision of the City Planning Commission on ULURP No. C 190070 ZSM, for the grant of a special permit (L.U. No. 323).


By Council Members Salamanca and Moya


WHEREAS, the City Planning Commission filed with the Council on January 4, 2019 its decision dated December 19, 2018 (the "Decision"), on the application submitted by 59 Greenwich, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 74-711 of the Zoning Resolution to modify  the use regulations of Section 32-421 (Limitation on floors occupied by commercial uses) to allow Use Group 6 uses (retail uses) on a portion of the second floor; and the minimum distance between legally required windows and lot lines regulations of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) in connection with the re-construction and enlargement of an existing four-story mixed use building on property located at 59 Greenwich Avenue (Block 613, Lot 60), in a C2-6 District, within the Greenwich Village Historic District, (ULURP No. C 190070 ZSM) Community District 2, Borough of Manhattan, (the “Application”);


WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter;


                                               WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-711 of the Zoning Resolution of the City of New York;


WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on January 10, 2019;


WHEREAS, the Council has considered the land use and environmental implications and other policy issues relating to the Decision and Application; and


                     WHEREAS, the Council has considered the relevant environmental issues, including the determination by the City Planning Commission, that the Application is a Type II action and requires no further review (the “Type II Determination”).




                     The Council finds that the action described herein will have no significant impact on the environment pursuant to the Type II Determination.


Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, and based on the environmental determination and consideration described in the report, C 190070 ZSM, incorporated by reference herein, and the record before the Council, the Council  approves the Decision of the City Planning Commission.


1.                     The property that is the subject of this application (C 190070 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following plans, prepared by Crown Architecture and Consulting, D.P.C., filed with this application and incorporated in this resolution:


Dwg. No.


Last Date Revised


Zoning Analysis



Zoning Lot Site Plan



Second Floor Waiver Plan



Waiver Plan



Waiver Longitudinal and Cross Sections



2.                     Such development shall conform to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plans listed above which have been filed with this application. All zoning computations are subject to verification and approval by the New York City Department of Buildings.


3.                     Such development shall conform to all applicable laws and regulations relating to its construction, operation and maintenance.


4.                     In the event the property that is the subject of the application is developed as, sold as, or converted to condominium units, a homeowners' association, or cooperative ownership, a copy of this resolution and the restrictive declaration described below and any subsequent modifications to either document shall be provided to the Attorney General of the State of New York at the time of application for any such condominium, homeowners' or cooperative offering plan and, if the Attorney General so directs, shall be incorporated in full in any offering documents relating to the property.


5.                     All leases, subleases, or other agreements for use or occupancy of space at the subject property shall give actual notice of this special permit to the lessee, sublessee or occupant.


6.                     Development pursuant to this resolution shall be allowed only after the restrictive declaration dated December 14, 2018, executed by 59 Greenwich LLC., the terms of which are hereby incorporated in this resolution, shall have been recorded and filed in the Office of the Register of the City of New York, New York County.


7.                     Upon the failure of any party having any right, title or interest in the property that is the subject of this application, or the failure of any heir, successor, assign, or legal representative of such party, to observe any of the covenants, restrictions, agreements, terms or conditions of this resolution and the attached restrictive declaration whose provisions shall constitute conditions of the special permit hereby granted, the City Planning Commission may, without the consent of any other party, revoke any portion of or all of said special permit. Such power of revocation shall be in addition to and not limited to any other powers of the City Planning Commission, or of any other agency of government, or any private person or entity. Any such failure or breach of any of the conditions as stated above, may constitute grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, renewal or extension of the special permit hereby granted or of the attached restrictive declaration.


8.                     Neither the City of New York nor its employees or agents shall have any liability for money damages by reason of the city's or such employee's or agent's failure to act in accordance with the provisions of this special permit.



Office of the City Clerk, }

                           The City of New York,  } ss.:


                                          I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on February 13, 2019, on file in this office.





                                                                                                                                                                                                       City Clerk, Clerk of The Council