1 2 CITY COUNCIL 3 CITY OF NEW YORK 4 -------------------------------x 5 THE TRANSCRIPT OF THE MINUTES 6 of the 7 SUBCOMMITTEE ON ZONING And 8 FRANCHISES 9 -------------------------------x 10 June 17, 2008 11 Start: 10:05 a.m. Recess: 12:50 p.m. 12 City Hall 13 Committee Room New York, New York 14 15 B E F O R E: 16 TONY AVELLA Chairperson, 17 18 COUNCIL MEMBERS: Simcha Felder Eric Gioia 19 Robert Jackson Michael McMahon 20 Larry Seabrook Helen Sears 21 Albert Vann Maria Arroyo 22 23 24 LEGAL-EASE COURT REPORTING SERVICES, INC. 17 Battery Place - Suite 1308 25 New York, New York 10004 (800) 756-3410 2 1 2 A P P E A R A N C E S 3 James Wong 4 Pam Real Thai 5 Timmy Panyasiri Pam Real Thai 6 Larry Roberts 7 Hell's Kitchen Babies 8 Juan Reyes, Esquire Riker Danzig 9 Chi Chan 10 Jennifer Cheuk 11 Stephen B. Jacobs Group 12 Daniel Gutman 13 Andrew Berman Greenwich Village Society for Historic Preservation 14 Martin Treat 15 Hell's Kitchen Neighborhood Associates 16 Ann Levin Chair, Clinton Hill Land Use Committee 17 Community Board No. 4, Manhattan 18 Gary Tarnoff West 38th Street, LLC 19 Gary Jacob 20 Glenwood Management 21 Christine Berthet Founder, Chekpeds 22 Chairperson, Transportation Committee Community Board No. 4, Manhattan 23 Carol Samol 24 Director, Bronx Borough Office NYC Department of City Planning 25 3 1 2 A P P E A R A N C E S (CONTINUED) 3 Himanshu Mistry 4 Bronx Borough Office NYC Department of City Planning 5 Jonathan Denham 6 Denham Wolf ABN Associates 7 John Robert 8 Bronx Community Board No. 2 9 Joan Byron 10 Pat Purcell Director of Special Projects 11 United Food and Commercial Workers Union, Local 1500 12 Jennifer Barrett Research and Policy Associate 13 New York Industrial Retention Network 14 Sheila Somashekhar Greenway and Green Building Coordinator 15 Sustainable South Bronx 16 Melonie McMurray Greenberg Traurig, LP 17 Jay Segal 18 Greenberg Traurig, LP 19 Eric Granowsky 20 Eric Palatnik La Frieda Meats 21 Patricia McGuire 22 Burt Miller 23 Barnet L. Liberman 24 Printing House 25 4 1 2 A P P E A R A N C E S (CONTINUED) 3 Matt Borden 4 Office of Assemblymember Deborah Glick 5 Albert Bennett Community Board No. 2, Manhattan 6 Andrew Berman 7 Executive Director Greenwich Village Society for Historic Preservation 8 Stuart Beckerman 9 Kopper's Chocolate Factory 10 Jeffrey Alexander Vice President 11 Kopper's Chocolate Factory 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 ZONING AND FRANCHISES 2 CHAIRPERSON AVELLA: Good morning, 3 everyone. I would like to call this meeting of the 4 Subcommittee on Zoning and Franchises to order. 5 Joining me this morning are Council 6 Members Larry Seabrook, Al Vann, Helen Sears, Mike 7 McMahon and Robert Jackson. 8 We have a number of items on the 9 agenda. I'm going to be skipping around a little 10 bit, but first, for everybody's information, let me 11 state that we will be conducting the hearing on 12 Hudson Square North rezoning, and the Hunt's Point 13 Special District rezoning, but we will not be taking 14 a vote on those items. So, we will have the public 15 hearing on those items, but we won't be voting 16 today. 17 First item that I'd like to take up 18 is Land Use No. 796. 20085252 TCM. Application by 19 Pam Real Thai, II, Incorporated, to establish, 20 maintain and operate an unenclosed sidewalk cafe, 21 located at 402 West 47th Street. 22 Is the applicant here? 23 MR. WONG: Good morning. My name is 24 James Wong. I'm the representative for this 25 response, so we want to apply for the sidewalk cafe, 6 1 ZONING AND FRANCHISES 2 but for Community Board 4 have something -- 3 objection. We already discussed with the Speaker's 4 Office, Quinn's Office, so we have the letter. We 5 did submit it to the Council. So, here is the 6 manager for the store, so I think you can read the 7 letter. 8 MR. PANYASIRI: Hi. My name is Timmy 9 Panyasiri, Pam Real Thai II, Inc., for a permit for 10 a sidewalk cafe. 11 CHAIRPERSON AVELLA: Can you speak 12 into the microphone? 13 MR. PANYASIRI: Sorry about that. 14 CHAIRPERSON AVELLA: It's all right. 15 MR. PANYASIRI: My name is Timmy 16 Panyasiri, representative of Pam Real Thai, II, 17 Inc., for a permit of the sidewalk cafe. 18 Just I'm going to read this letter. 19 "Dear Council Speaker Quinn: 20 This letter should serve as our 21 agreement with your district office and Community 22 Board 4, that we will commit to the following: 23 1) to remove two tables most out of 24 both ends and west side, making a reduction in 25 tables and chairs from six tables and 14 chairs, to 7 1 ZONING AND FRANCHISES 2 four tables and eight chairs. 3 2) A reduction in hours to 9:30 p.m. 4 Sunday through Thursday, and 10:00 p.m. on Friday 5 and Saturday, meeting all patrons will be clear at 6 those times. 7 3) The addition of visible signs to 8 be placed in front of windows, urging patrons to be 9 respectful of neighbors and noise to minimize. 10 The sign would be enclosed, two phone 11 numbers and contact person. 12 4) The wait staff would be 13 responsible for monitoring the noise level of the 14 sidewalk cafe, and for directing smokers to the 15 eastern corner of Ninth Avenue and 47th Street. 16 5) The two planters would be removed 17 from the entrance of the restaurant." 18 Thank you. 19 CHAIRPERSON AVELLA: And just for the 20 record, that letter is dated June 16th, 2008. 21 With having received this letter, 22 Council Speaker Christine Quinn is in favor of the 23 application. It is in our district. 24 Any questions from my Committee 25 members? Council Member Sears. 8 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER SEARS: What were the 3 reasons for the community board disapproval? 4 CHAIRPERSON AVELLA: There were some 5 issues with the Department of Buildings, but they 6 have apparently, there was misinformation from the 7 Department of Buildings about them not having the C 8 of O, but they do have one. 9 We do also have one speaker signed up 10 to speak on this item. 11 Seeing no other questions, thank you, 12 gentlemen. 13 MR. WONG: Thank you, sir. 14 CHAIRPERSON AVELLA: We have one 15 person to speak in opposition. Larry Roberts. 16 And I would remind anyone, 17 irrespective of the speakers on any applications 18 today, speakers have three minutes to give their 19 testimony. 20 MR. ROBERTS: Good morning, everyone. 21 My name is Larry Roberts. 22 I'm at 406 West 47th Street, right 23 next door. 24 I just want to clear something up. 25 I'm actually not in opposition. I am skeptical of 9 1 ZONING AND FRANCHISES 2 their agreement to this that they are going to keep 3 to this, because we have had problems in the past. 4 Having said that, I'm really grateful 5 to Gray Ilum (phonetic) from Speaker Quinn's office, 6 who hammered out this agreement and I'm just hopeful 7 that they do keep to it. 8 Thank you. 9 CHAIRPERSON AVELLA: Well, one of the 10 things, just so you know, the gentleman standing to 11 my left, he looks at these issues very carefully and 12 goes out and monitors these cafes. So the Council 13 staff will stay on top of the situation. You should 14 let us know if there is a continuing problem. 15 MR. ROBERTS: I will. 16 I'm just a little concerned that the 17 sidewalk cafes are encroaching further and further 18 into the residential block. So, that is a concern. 19 But I'm willing to live with this if 20 they can keep up to their end of the bargain. 21 CHAIRPERSON AVELLA: Good. Thank you. 22 MR. ROBERTS: Thank you. 23 CHAIRPERSON AVELLA: I see no one else 24 signed up to speak on this item; is that correct? 25 Seeing no one, I will close the 10 1 ZONING AND FRANCHISES 2 public hearing on this item, and move to, again, 3 skipping around, we will move to Land Use No. 811, 4 84 White Street. C060032 ZMN, an amendment, 5 application submitted by 84 White Street, LLC, for 6 an amendment of the zoning map, changing from an 7 M1-5 district, to a C6-2A district, property bounded 8 by Walker Street and other streets. 9 MR. REYES: Good morning, Council 10 Member. Juan Reyes from the law firm of Riker 11 Danzig, on behalf of 84 White Street. 12 As you said, Council Member, the 13 proposed action is an amendment to the Zoning Act, 14 Section 12-A, to extend and establish C6-2A district 15 to cover an area currently zoned M1-5. The area 16 proposed for rezoning consists of Block 195, which 17 is bound by Broadway to the west, Lafayette to the 18 east, White Street to the South, and walker Street 19 to the North. It's bisected by Courtlandt Alley, in 20 a north/south direction. 21 The proposal is intended to permit 22 the development of an open parking lot and 23 additionally would bring conforming status to 24 residential units in the area. The proposed C6-2A 25 district would be more consistent with the existing 11 1 ZONING AND FRANCHISES 2 land uses within block 195 in the current M1-5, 3 would grant conforming status to existing 4 residential and community facilities and uses within 5 the area proposed for rezoning, and would better 6 reflect the mixed residential and commercial and 7 residential character of the area. 8 The proposed C6-2A would permit 9 development of vacant and underutilized parcels in a 10 manner that would be consistent with the use and 11 sale of existing development. 12 All right, as you can see on our 13 board, block 195 is outlined in black. To the south 14 is C6-4A, which is 10 FAR, and to the west is C6-2A, 15 maximum residential for C6-2A is 6.02 and the 16 maximum FAR for C6-4A is ten. 17 After several meetings with City 18 Planning before certifying the application, we all 19 agreed that C6-2A would be more consistent with 20 existing development, and as well as existing uses. 21 Are there any questions? 22 CHAIRPERSON AVELLA: For the record, 23 the Community Board approved the application with a 24 few conditions, maybe you can go into what those 25 conditions were? And the Borough President approved 12 1 ZONING AND FRANCHISES 2 it as well with conditions. 3 So, why don't you go and describe 4 that. 5 MR. REYES: When we went to the 6 Community Board, Community Board 1, they reviewed 7 the application. There were several land owners 8 adjacent to our property that had buildings less 9 than 120 feet, which is the maximum that D6-2A 10 allows in height, although M1-5 there is no height 11 restriction. One of the adjoining property, several 12 of the adjoining property owners suggested height 13 limit of 110 or 105 feet. The community board 14 suggested limiting it by using a 5.5 FAR. That was 15 ultimately adopted by Community Board 1 in the 16 resolution, which I have attached in the packet, 17 which was handed out. 18 When Manhattan Borough President 19 Scott Stringer reviewed it, they believe that the 20 discussions that we had, discussing limiting the 21 mechanicals that would be on the roof, basically all 22 to the basement, except for the HVAC system, they 23 reviewed the fact that this is a contextual zoning. 24 They felt that as proposed that this rezoning as a 25 C6-2A fit within the existing bulk of the area, as 13 1 ZONING AND FRANCHISES 2 well as use. 3 City Planning also reviewed it in 4 their report. They felt that it would be out of 5 scope with the application to change the FAR other 6 than what was proposed as a C6-2A zoning and that 7 was approved as a C6-2A also at City Planning. 8 CHAIRPERSON AVELLA: This application 9 lies within Council Member Alan Gerson's district, 10 and he does support the application. 11 Any questions from Committee members? 12 Seeing none, thank you. 13 MR. REYES: All right. 14 CHAIRPERSON AVELLA: I do not see 15 anyone signed up to speak on this item; is that 16 correct? 17 Seeing none, I will close the public 18 hearing on this item. Thank you, gentlemen. 19 MR. REYES: Thank you, Council Member. 20 CHAIRPERSON AVELLA: We will now move 21 on to Land Use No. 800 and 801, commonly referred to 22 as 310-28 West 38th Street. N 070462 ZRM, and C 23 070463 ZSM. Text change and application for a 24 parking garage. 25 MR. TARNOFF: Good morning, Chairman 14 1 ZONING AND FRANCHISES 2 Avella and members of the Subcommittee. My name is 3 Gary R. Tarnoff. I'm a member of the law firm of 4 Kramer Levin Neftalis and Franckle. We are land use 5 counsel to Glenwood Management Corp. Glenwood's 6 affiliate owns the real property at 310, 328 West 7 38th Street, and have applied for a zoning text 8 amendment to modify the street wall regulations of 9 preservation area P2 of the special Garment Center 10 District regulations of the zoning resolution, 11 that's a lot to say, and for a special permit for a 12 400 space public parking garage. 13 These land use actions will 14 facilitate the development of a mid-block site 15 located between Eighth Avenue, Ninth Avenue, West 16 37th Street and West 38th Street. 17 The site is within the Garment Center 18 that is rezoned, in the part of the garment center 19 that was rezoned, in 2005, as part of the Hudson 20 Yards rezoning, to encourage residential and 21 commercial development and an FAR of 12. 22 The proposed development consists of 23 two 24-story residential buildings that will be 24 developed under the 80/20 program. The two buildings 25 will have a total of 569 dwelling units with 120 15 1 ZONING AND FRANCHISES 2 units to be affordable to lower income households. 3 The ground floor will contain 4 approximately 10,600 square feet of retail and 8,800 5 square feet devoted to the through block entry and 6 exit for the proposed public parking garage. 7 The zoning text amendment. The 8 existing bulk regulations for developments in this 9 area of the garment center, mandate a street wall 10 along the entire street line of a real property 11 frontage to a height of 90 feet. 12 This regulation does not permit any 13 flexibility at all in the location of a street wall. 14 The proposed zoning would allow, on zoning lots with 15 frontage of 200 feet or greater, up to 20 percent of 16 the aggregate width of the street wall to be 17 recessed to a maximum depth of 15 feet. As I said 18 before, this zoning lot has 250 feet of frontage on 19 each of 37th Street and 38th. 20 The proposed regulation would allow 21 flexibility in the location of the street wall, to 22 encourage architectural expression of buildings, 23 with extensive furnishings, and it would also allow 24 recessed entries provided that certain landscaping 25 standards are met. 16 1 ZONING AND FRANCHISES 2 In our case the proposed development 3 will include recessed entries, with extensive 4 landscaping that would enhance the streetscape of 5 37th Street and 38th Streets. 6 During the course of the public 7 review process, we have revised the language of the 8 proposed amendment to incorporate recommendations to 9 the Manhattan Borough President and Community Board 10 4. So there will be two recessed entries in this 11 building with landscaping, and Jennifer Cheuk, the 12 Project Architect will show those to you after I 13 finished my statement. 14 Turning to the special permit for the 15 parking garage, public parking garage, this is 16 replacement parking. The site was occupied by a 17 500-space public parking garage, that had been in 18 operation since 1916. 19 There was also a 90-space public 20 parking lot that had been operating for the last at 21 least 40 years. 22 These public parking facilities, 23 which had a combined capacity of 590 spaces, served 24 both daily and monthly parkers from the garment 25 center, in the southern Times Square areas, which 17 1 ZONING AND FRANCHISES 2 have limited parking. 3 The proposed parking garage would 4 have 400 spaces of replacement parking. There would 5 be a combined entry and exit on both West 37th 6 Street and on West 38th Street, in order to provide 7 a more efficient distribution of vehicles, and to 8 minimize on-street traffic circulation. 9 The current zoning regulations 10 require that residential development provide for a 11 minimum of 33 percent and for a maximum of 40 12 percent of the dwelling units that parking spaces be 13 provided. 14 This would mean 232 spaces and the 15 regulations also allow that parking to be used for 16 public purposes as well. 17 Nevertheless, in response to 18 community concerns, we agreed as a condition to the 19 City Planning Commission approval to have a minimum 20 of 232 spaces in the garage devoted to monthly 21 parking. And we further agree to institute a system 22 of non-transferrable decals that will allow us to 23 serve not only tenants -- I'm sorry, decals for 24 those monthly vehicles. 25 We believe that these restrictions 18 1 ZONING AND FRANCHISES 2 will allow us to serve not only the tenants and 3 visitors of the development, but also residents of 4 other buildings and businesses in the neighborhood. 5 I would like to turn the microphone 6 over to Jennifer Cheuk of Stephen B. Jacbos Group. 7 The project architect will briefly describe the 8 building, show you the recesses that are proposed to 9 be landscaped pursuant to the text amendment and the 10 operation of the garage. 11 Hello. My name is Jennifer Cheuk. I 12 represent Stephen B. Jacobs Group Architects and 13 Planners. We are proposing an entryway in which 14 there will be the required 60 percent planting area 15 at the entry way to the lobby. On both 38th Street 16 and on 37th Street, we have a secondary lobby that 17 would also be planted as well. 18 The lobby also looks through to and 19 into your courtyard, which would also have extensive 20 planting, and the garage entrances are located on 21 both 37th Street and 38th Street as Gary said, and 22 provide 21 reservoir spaces in a through format down 23 to the cellar garage. 24 There are actually extra spaces on 25 37th Street to allow for additional reservoir spaces 19 1 ZONING AND FRANCHISES 2 as well. 3 MR. TARNOFF: Thank you. 4 And now I'd like to ask Chi Chan of 5 AKRF to briefly discuss the analysis of potential 6 traffic that was done as part of the environmental 7 assessment statement. 8 MR. CHAN: Hi. My name is Chi Chan. 9 I'm with AKRF, and we did the traffic estimates for 10 the public parking garage. 11 Most of the spaces in the 400-space 12 public parking garage would be occupied by building 13 residents. The remaining spaces available for public 14 parking, we estimated that would be up to 30 15 vehicles going in and out during any hour of the 16 day. And this 30 vehicles represents about one 17 vehicle every couple of minutes going in and out of 18 the garage, generated by transient parking, and with 19 two entrances, one on 37th and one on 38th Street, 20 that basically means adding one vehicle every four 21 minutes on these blocks. 22 MR. TARNOFF: So, we believe the 23 impact of the traffic in the surrounding area will 24 be minimal. 25 That's all we have to say at this 20 1 ZONING AND FRANCHISES 2 moment. We're available for questions and 3 representatives of Glenwood Management are here as 4 well, if there are any questions. 5 CHAIRPERSON AVELLA: Questions from 6 Committee members. 7 I see none. 8 MR. TARNOFF: Thank you. 9 CHAIRPERSON AVELLA: Oh. Before I call 10 on Council Member Sears, we do have a number of 11 speakers who are going to speak in opposition, so I 12 would ask that after you give your testimony, I'm 13 sure you're going to hang around? 14 MR. TARNOFF: Yes. 15 CHAIRPERSON AVELLA: Council Member 16 Sears. 17 COUNCIL MEMBER SEARS: How is the 18 garage to be manned? 19 Is it 24 hours? Do you have people 20 parking the cars or? 21 MR. TARNOFF: Yes, it's an attended 22 facility, 24-hour parking, and we anticipate that 23 the developer, Glenwood Management, will operate the 24 garage as well. 25 COUNCIL MEMBER SEARS: Can you tell 21 1 ZONING AND FRANCHISES 2 me, what is robotic parking? And does that handle 3 more cars in a rather simplified way, do you know? 4 MR. TARNOFF: Well, it's not really 5 relevant to this application, but there are 6 companies that manufacture systems that 7 automatically move parking spaces -- really, they 8 like put cars on pallets and park them and stack 9 them. 10 COUNCIL MEMBER SEARS: Do they 11 accommodate more cars, that concept? 12 MR. TARNOFF: Do they do what? 13 COUNCIL MEMBER SEARS: Do they 14 accommodate more cars, that particular concept? 15 MR. TARNOFF: Well, you still have to 16 provide the required number of reservoir spaces. 17 Just like car stackers that you see 18 in parking lots around the City are more efficient 19 because they have three cars on one location. 20 COUNCIL MEMBER SEARS: I understand. 21 But I think you're reducing from 450 to 400. 22 MR. TARNOFF: Yes, we're going from 23 590 to 400. 24 COUNCIL MEMBER SEARS: Right. That's 25 quite a decrease in that particular area. 22 1 ZONING AND FRANCHISES 2 Okay, that's it. 3 CHAIRPERSON AVELLA: Seeing no other 4 questions, thank you. 5 We will move to the public testimony. 6 I will call everybody up in panels. All the speakers 7 that are signed up are in opposition. The first 8 panel is, and forgive me, sometimes I can't read the 9 writing, a representative of Manhattan Community 10 Board 4, Anna, is it Levin? Andrew Berman, Martin 11 Treat and Daniel Gutman is the first panel. 12 MS. LEVIN: Are we on here? There we 13 go. Okay, good. 14 Good morning. My name is Anna Levin, 15 and I'm Chair of Community Board 4's Clinton Hell's 16 Kitchen Land Use Committee. 17 My testimony today is taken from CB 18 4's letter on these applications, and I have a copy 19 for the record, if it's not already there. 20 Community Board 4 welcomes this 21 development. I know. I signed up in opposition. We 22 really welcome this development. It's the first 23 residential infil in this part of the garment 24 center, which was rezoned for that purpose during 25 the Hudson Yard's rezoning. It will encourage 23 1 ZONING AND FRANCHISES 2 neighborhood stability and catalyze other 3 residential development. And it will produce 120 4 permanent affordable units through the Inclusionary 5 Housing Program, many of them family sized. 6 As for the applications before you, 7 we now essentially support the zoning text amendment 8 because of the modification that was made by the 9 Planning Commission at our request. 10 Most emphatically, however, we oppose 11 the special permit for the parking garage, and 12 request that the garage be limited to the 232 13 accessory spaces allowed as of right. 14 Board 4 generally supports accessory 15 parking spaces, but opposes public facilities in 16 areas well served by mass transit. 17 We have come to this position based 18 on our experience of the daily traffic congestion 19 caused by the Lincoln Tunnel and our location at the 20 edge of Midtown Manhattan. 21 Traffic is frequently at a 22 standstill, especially in the area of this proposed 23 development. 24 The Hudson Yard's EIS forecast a 25 level of service of E on 38th Street during the 24 1 ZONING AND FRANCHISES 2 morning rush, and F on 37th Street during the 3 evening rush. 4 These are dismal ratings, yet it's a 5 fact of life for our residents and they're getting 6 fed up. 7 If we build fewer parking spaces, 8 fewer people will come to Midtown Manhattan by car. 9 That's a fundamental assumption of the parking 10 regulations that are now applicable in Midtown and 11 it's consistent with PlaNYC. 12 We cannot support any application 13 that encourages non-residents to come to this area 14 by car. 15 The development site is two blocks 16 from a subway entrance, two blocks from the Port 17 Authority Bus Terminal and four blocks from the 18 entrance to Penn Station. 19 Public parking at this location is 20 unnecessary and irrational. 21 In a small but very important way, we 22 believe that the Planning Commission is beginning to 23 agree with us. Up until now parking applications 24 like this one have been routinely approved as 25 submitted. In an unprecedented step, though, the 25 1 ZONING AND FRANCHISES 2 Commission modified this application to require that 3 the 232 accessory spaces be made available only on a 4 monthly basis. We welcome this modification, since 5 it should help reduce the congestion caused by 6 hourly parking. But we don't think the Commission 7 went far enough. 8 We believe the Commission simply 9 ignored the facts in making several of the findings 10 required for this special permit, and we urge this 11 Committee to take a closer look. 12 The first has to do with uses 13 comprising vital and essential functions in the 14 area. The area is presently so congested, especially 15 at peak commuting hours that vital and essential 16 functions, such as emergency services are often 17 adversely affected by traffic. 18 It's so bad, in fact, that the Fire 19 Department just recently requested our support for 20 measures to reduce gridlock affecting the fire 21 station on 38th Street between Ninth and Tenth 22 Avenues. 23 The next required finding is that the 24 use will not create or contribute to serious traffic 25 congestion and will not unduly inhibit surface and 26 1 ZONING AND FRANCHISES 2 pedestrian traffic flow. 3 As I've already described, the area 4 of the proposed development is already heavily 5 congested and this application will make a seriously 6 bad situation worse. 7 The zoning resolution requires the 8 Department of City Planning to refer the application 9 to the Department of Traffic for its report with 10 respect to anticipated traffic congestion. 11 In an area as congested as this, this 12 report would seem to be an essential basis for the 13 required finding. Yet, there is no indication in the 14 Commission's report the required referral was even 15 made. 16 The third finding to mention is that 17 the use is so located as to draw a minimum of 18 vehicular traffic to and through local streets and 19 nearby residential areas. 20 Please understand that with this 21 project, 37th Street between Eighth and Ninth Avenue 22 will become primarily residential. This finding 23 cannot be made. 24 We therefore urge you to deny the 25 application for the special permit. Thank you. 27 1 ZONING AND FRANCHISES 2 MR. BERMAN: Good morning, Council 3 members. My name is Andrew Berman. I am a resident 4 of West 47th Street. I'm also a Board member of the 5 Hell's Kitchen Neighborhood Association and the 6 Clinton Hell's Kitchen Pedestrian Safety Coalition. 7 I'm here to ask you to vote against 8 the issuance of the special permit for the increase 9 of about 70 percent in parking spaces allowed at 10 this location, the 168 additional public spaces. 11 I really just want to support and 12 reiterate what Anna has said and others will go into 13 greater details, but our neighborhood is completely 14 oversaturated with traffic. It's very clear that the 15 additional spaces will only add to that problem. 16 I just want to mention that according 17 to EPA figures, it would take a planting of 4,800 18 trees to offset the carbon emissions created by this 19 168 cars. We don't see 4,800 additional trees in our 20 neighborhood's future, so in order to maintain what 21 we have, which is already too much traffic and too 22 much pollution, we urge you not to issue this permit 23 today. 24 It should be pointed out that 25 Community Board 4 has the third highest rate of 28 1 ZONING AND FRANCHISES 2 asthma, hospitalization in Manhattan, after Harlem 3 and Morningside Heights, and this would only make a 4 bad situation worse. 5 Thank you. 6 MR. TREAT: Hello. I'm Martin Treat. 7 Also a resident at 43rd and Ninth Avenue, a member 8 of the Hell's Kitchen Neighborhood Association, and 9 many of the other groups and the block associations. 10 I have in front of me hundreds of 11 petitions that were asking for relief from all this 12 traffic that it's irrational to provide parking for 13 more transient cars when we're already inundated. I 14 am a third, my grandson is the third generation of a 15 young man growing up in this community. As Andrew 16 said, with the third highest asthma reports of other 17 communities in Manhattan behind Harlem and behind 18 Canal Street due to traffic congestion. 19 My son has asthma, and my grandson is 20 three years old, and he's growing up in my 21 neighborhood and I'm just worried to death he's 22 going to get it. 23 Extra parking provides more traffic 24 that backs up the trucks and the buses that are 25 already clogging the Port Authority Transit Hub to 29 1 ZONING AND FRANCHISES 2 the Lincoln Tunnel. We beg you to save lives and 3 improve our district's health by not provide parking 4 at this time. 5 And to provide, as this petition 6 does, for a moratorium, a short one, on these kinds 7 of issues where developers bring public parking 8 before you. 9 There's a sort of rubber stamp going 10 on, except in the community, but from then on for 11 City Planning, and I hope not with you, that you 12 will rubber stamp this kind of excessive public 13 parking. 14 It is true that it was a public 15 parking area before, before this development came 16 in, and it was a mess, and we're looking forward 17 again to the mess, if you pass this. 18 Finally, the pedestrian safety is 19 already to an extreme. We've had two deaths over the 20 years. Last year, 2007, was our worst for pedestrian 21 safety. 22 Nearby at 42nd and Ninth Avenue the 23 traffic is so backed up that accidents had increased 24 in 2004 four-fold. 25 So, this is also a safety issue, and 30 1 ZONING AND FRANCHISES 2 I beg you from the heart of the community, from the 3 block associations, not to approve these further 4 public parking, in excess of accessory parking, 5 until a study is made. 6 It's just so irrational to have the 7 Department of Transportation doing a $500,000 study 8 to find out how to remove more traffic from the area 9 to give us relief, and at the same time developers 10 can get these kind of concessions. 11 We're begging you for our lives, for 12 our health. Thank you. 13 MR. GUTMAN: My name is Daniel Gutman. 14 I live on West 44th Street. 15 Basically the procedures that the 16 City Planning Commission has committed to carry out 17 for parking garage permits were not followed in this 18 case. 19 First, the State implementation plan, 20 under the Clean Air Act, requires limitation of 21 parking in the Central Business District South of 22 60th Street, in order to improve air quality. 23 And that is the reason that the City 24 Planning Commission adopted zoning regulations in 25 1982. And those regulations require, and the City 31 1 ZONING AND FRANCHISES 2 Planning Commission is required to refer any 3 application for a special permit to the Department 4 of Environmental Protection for an air quality 5 study. That was not done in this case. 6 And I will read you a sentence from 7 the Commission's 1982 report adopting the zoning 8 resolution for the Central Business District. 9 The Commission said, in fact, new 10 public parking facilities will not be allowed in the 11 CBD, if DEP finds that the proposed facility will 12 violate the ambient air quality standards or 13 exacerbates an existing violation. 14 That's when the Commission's 1982 15 report. The Commission did not refer this 16 application to DEP for a report. There was not air 17 quality study. 18 As Anna has mentioned, there was no 19 study of traffic congestion either. The zoning 20 resolution also requires a study of traffic 21 congestion. That's in Section 74-31D, which says 22 that all applications for a special permit will be 23 referred, shall be referred, to the Department of 24 Traffic for a study of congestion. That also was not 25 done. 32 1 ZONING AND FRANCHISES 2 The only reason the City Planning 3 Commission gives for not doing the congestion study, 4 was that they believed that fewer than 50 cars per 5 hour would be generated by this garage, and they 6 called that a threshold below which there was no 7 need for a study. 8 However, that statement is incorrect. 9 The Commission's own manual for environmental review 10 says the following: 11 "In all areas of the City, if the 12 proposed action would generate fewer than 50 vehicle 13 trips per hour, a need for further traffic analysis 14 would be unlikely," not that it's a threshold. It's 15 only unlikely. 16 And then the manual goes on to say 17 that "...in certain conditions, even fewer than 50 18 trips per hour would require a study," and those 19 conditions are where the surrounding streets are 20 already congested. 21 This is an area where the surrounding 22 streets are already congested. We've provided 23 information to the Commission and to you as to how 24 congested they are. And in congested conditions, a 25 study is required and referral to the Traffic 33 1 ZONING AND FRANCHISES 2 Department is required. 3 And because both of those studies 4 were not done, procedures were not followed, by 5 belief is we have no choice but to deny the 6 application. 7 CHAIRPERSON AVELLA: Thank you. 8 Next panel is once again Larry 9 Roberts, Christine Berthet. 10 MR. ROBERTS: Good morning, again, 11 everyone. My name is Larry Roberts, this time 12 wearing the hat of Hell's Kitchen Babies. 13 We're a neighborhood group of about 14 300 families. We have a five-year-old and a 15 one-year-old ourselves. 16 We think that this flies in the face 17 of all the efforts being made by community groups in 18 the area, and we stand totally in support with those 19 efforts. 20 Thank you. 21 MS. BERTHET: My name is Christine 22 Berthet. I am the co-founder of the Clinton Hell's 23 Kitchen Pedestrian Safety, and the Chair of 24 Transportation Committee at Community Board 4. 25 Ladies and gentlemen, this is a 34 1 ZONING AND FRANCHISES 2 simple case. The application does not meet the 3 findings required, all the findings required, and is 4 not in the interest of anyone in the neighborhood, 5 except the developer. 6 As you heard, 37th Street is 7 extremely congested. It cannot and it is an entrance 8 to the Lincoln Tunnel, it cannot absorb. 9 The second thing is that the 10 Commission relied entirely on the developer 11 analysis, which hired a consultant to do a traffic 12 study. 13 And the developer as systematically 14 under-estimated the transient traffic by 100 15 percent. In fact there will be 220 transient cars 16 instead of 102, which is the number they have 17 estimated. 18 In addition, the pattern usage is 19 very different from a normal commercial environment. 20 This is a garage which is just at the entrance of 21 the Lincoln Tunnel, and by experience we know, 22 because there was a garage before, that all the 23 parking flow is in and out of the tunnel and comes 24 in at the peak hour of the morning and leaves at the 25 peak hour of the evening. 35 1 ZONING AND FRANCHISES 2 So, the numbers that they have used 3 is really completely -- and finally, the developer 4 has made a concession that 232 will be monthly 5 parker, and monthly does not mean residents. Monthly 6 could very well be what a lot of people know is like 7 you come in and out and you have your monthly so 8 it's more convenient. 9 So, we pretty much know that there 10 will not be. 11 Finally, there is another issue that 12 says, he is replacing parking of 500 by 500, and 13 that looks really good. That looks like an 14 improvement or in some cases it looks bad, because 15 you are concerned there will not be enough parking. 16 You should know that there are 16 17 parking garages within 500 feet of this operation, 18 including Port Authority bus garage which was a 19 capacity of 1,100. 20 There is excess capacity as we know 21 it, and I have provided you with a picture of 22 parking attendants just to cross the street, 23 flagging customers right now, because there is not 24 enough businesses. 25 And the Hudson Yard FGEIS, which was 36 1 ZONING AND FRANCHISES 2 done, rezoning, which was done about two years ago, 3 plan at this location for 188 parking spots, and not 4 400. And based on that, it was understood that a 5 parking capacity will be sufficient in 2030 for all 6 uses, and that was at the time where the gas was at 7 $2 a gallon, when there was a stadium in the 8 picture, and when the convention center was supposed 9 to be enlarged. 10 So, it is clear that this capacity is 11 way beyond what is needed and what is adequate. 12 Indeed, again, we are asking you to 13 deny this parking, or at the very minimum to refer 14 it to the Department of Transportation for an expert 15 opinion to follow the procedures. 16 Thank you so much. 17 CHAIRPERSON AVELLA: Thank you. 18 I'd like to call the applicant back 19 to comment on the issues that have been raised about 20 the parking garage. 21 MR. TARNOFF: Thank you very much. 22 I just want to make two points. One, 23 I want to reiterate one of the points I made when I 24 made my statement, that this was the site of a 25 500-car public parking garage that was present on 37 1 ZONING AND FRANCHISES 2 the site since 1916, as well as a 90-car public lot. 3 So, there were 590 parking spaces at 4 this location, for the last 40 years, or longer than 5 that, and we're replacing that with fewer spaces. 6 It's going to be a decrease from 590 to 400 spaces. 7 The second point I wanted to make is 8 the comments are made about the State Implementation 9 Plan and referrals to the Department of 10 Transportation, were made to the City Planning 11 Commission and investigated, and those were 12 rejected, the City Planning Commission. In fact, we 13 have complied with all of the requirements for 14 environmental assessment under the State 15 Environmental Quality Review Act. The current State 16 Implementation Plan does not require there to be any 17 referrals, and that was a position of the Planning 18 Commission in approving this action. 19 Thank you. 20 CHAIRPERSON AVELLA: Any questions? 21 Council Member Sears. 22 COUNCIL MEMBER SEARS: Really not a 23 question, but a comment. 24 When you get to this point and you're 25 here before us, there is a whole process to go 38 1 ZONING AND FRANCHISES 2 through, and that process is very professional, and 3 I'm really making that comment because it was asked 4 that it be before DOT for more expert opinion. 5 The fact is, when you get here you've 6 gone through a whole process that is very 7 professional, and I think that when it reaches this 8 point we have questions, but to extend it elsewhere, 9 I think you should know that when it gets here we 10 ask questions, but it has gone through a very 11 lengthy process, we people ought to know that, and a 12 very professional one at that. So, thank you for 13 clearing that up. 14 And I really say in reducing the 15 numbers of spaces, it's certainly been a big 16 compromise. And I think we need to appreciate that. 17 Thank you. 18 Thank you, Mr. Chair. 19 CHAIRPERSON AVELLA: Council Member 20 Gioia. 21 COUNCIL MEMBER GIOIA: Mr. Chair, has 22 City Planning explained their reasoning to you? And 23 I think this may be more about City Planning than 24 about the applicant. 25 As you know, City Planning can be 39 1 ZONING AND FRANCHISES 2 very frustrating. In my district, the current Dutch 3 Kills rezoning, they insisted on an EIS for a 4 downzoning. You, for one, thought it was not 5 necessary. Here it seems the community was pleading 6 for more study, and City Planning said it wasn't 7 necessary. 8 Has City Planning explained why they 9 thought it was not required or necessary? 10 CHAIRPERSON AVELLA: That question 11 hasn't been asked of them. In fact, while I was 12 listening to the testimony, we were thinking about 13 asking City Planning to speak. But it's a private 14 application. It's not like an application from City 15 Planning. 16 I mean, we can ask that question. I 17 don't know if they even want to respond? 18 COUNCIL MEMBER GIOIA: Mr. Chair, if I 19 can just clarify my question? 20 Is it, I'd like to believe Council 21 Member Sears's statement, right? In that we don't 22 have an expertise. I'm certainly not out there with 23 a clicker figuring out how many cars are going 24 through. The hope is, is that this work has been 25 done, that has been vetted. That's why I want to 40 1 ZONING AND FRANCHISES 2 know what City Planning's position and rationale is. 3 CHAIRPERSON AVELLA: And I certainly 4 will agree with you. You certainly know my opinion 5 on these type of issues. We have to assume, I mean, 6 the community has raised some important issues, but 7 at this point, as Council Member Sears said, I think 8 we have to assume that the proper homework was done. 9 We can follow up beyond this meeting 10 to make sure that City Planning did everything that 11 they were supposed to. But, again, it's not 12 something that we can require. 13 In their opinion they did their 14 proper analysis, and they voted for the application. 15 COUNCIL MEMBER GIOIA: And my question 16 is obviously they've voted on it, and so, you know, 17 I guess there is an argument that speaks for itself, 18 and I suppose I'm asking or I'm suggesting that it 19 doesn't speak for itself. I'd like a rationale and 20 an explanation from City Planning, as to their 21 rationale. 22 CHAIRPERSON AVELLA: Council Member 23 Gioia, you've raised a, you know, very good 24 question, and I'd like to have the answer to that 25 question as well. 41 1 ZONING AND FRANCHISES 2 Staff is going to be checking with 3 the Council member who represents this district, 4 Council Member Quinn, Speaker Quinn, who approves 5 the project. 6 So, in the meantime, what we will do 7 is we will move on to the other items while staff 8 checks with the Speaker. 9 Council Member Sears. 10 COUNCIL MEMBER SEARS: Can you just 11 repeat what's going to be checked? 12 CHAIRPERSON AVELLA: Well, first of 13 all, there is an issue of getting the information 14 from City Planning, how they conducted their review 15 and did they look into the issues that the community 16 has spoken about, in terms of traffic? 17 The other item is that the Speaker 18 would like the vote to move ahead today. Getting 19 that information may not be possible now. So, we're 20 in a slight dilemma at this point, and that's why 21 I've asked staff to speak to the Speaker at this 22 point. 23 COUNCIL MEMBER SEARS: I can 24 understand, but as a member of the Committee, I just 25 wish to make a comment, because -- and I don't 42 1 ZONING AND FRANCHISES 2 disagree with my colleague, and he certainly has 3 prerogatives to raise those issues, and it's not in 4 defense of City Planning, but I can tell you when it 5 gets to this point, what City Planning has done, 6 what an applicant has done, what the communities 7 have done, are extensive, have been involved in 8 every part of the process, and there is always the 9 community board that turns around to see that there 10 are no steps left unturned. And certainly they could 11 do that in holding up the project, that's an issue 12 for Land Use to decide if the clock is ticking, and 13 what happens with that. 14 But there is going to be 15 discrepancies about this, and in fairness to Board 4 16 and everybody else, there isn't a borough in the 17 City, that doesn't have asthma. There isn't a 18 borough in the City that doesn't have congestion. 19 And I would urge you to come into my community a 20 build a garage, because we don't have any, and the 21 fact that people will not drive their cars, we're 22 displacing an entire population that works at night. 23 Maybe they don't count, and they do use garages. And 24 there are women who go and work at night, there are 25 waitresses, there are everything else, and if they 43 1 ZONING AND FRANCHISES 2 don't have somebody picking them up, they always 3 have those means to do that. There are those that 4 arrive at 1:00 in the morning. Transportation is so 5 bad at that point. 6 So, I think that in fairness to 7 everybody, we should keep the levels of people who 8 need to have space, they are not very high on that 9 totem poll, and that area is very much congested. 10 I'm very much aware of it. I really know. My dad 11 lived near there and I'm very much aware of it. And 12 I was raised there and uptown, besides coming from 13 Brooklyn and I understand that and we need to 14 minimize. And the fact is, you come into my 15 district, and believe me, you wouldn't be able to 16 breathe. But at the same time, there needs to be, 17 and I'm making this because this does come -- there 18 needs to be a global picture and I've always said 19 there are two cities, there is the trophy city and 20 there is the City of communities, and we constantly 21 have a gridlock. And the fact is that we each have 22 to give a little bit. 23 And I think the fact that you reduced 24 those number of cars was a big, big give-away. I 25 really do mean that. So, the fact is, is that we can 44 1 ZONING AND FRANCHISES 2 have this, and I understand where you're all coming 3 from. I live in a community. I've raised three kids 4 in a community that is near two airports. The 5 pollution in our district is very high. But at the 6 same time, I always do not agree that people who 7 need to drive would give up their cars. They won't 8 do that. They also need a place to put them. 9 So, with that, I certainly believe 10 that City Planning Commission has done certainly it 11 needs to do to do it. 12 MR. TARNOFF: Can I just state that 13 the procedure that was followed in this case was a 14 procedure that was followed in every parking garage 15 application. You know, we filed the CEQR manual, we 16 did an Environmental Assessment Statement, we 17 complied with the State Implementation Plan. So, if 18 there is a question that's really a generic question 19 that doesn't apply to this, it applies to every 20 parking garage application. 21 CHAIRPERSON AVELLA: And your point is 22 well taken. 23 In the meantime, we are still waiting 24 for information from the Speaker. I see no one else 25 signed up to speak on this item, so I will close the 45 1 ZONING AND FRANCHISES 2 public hearing. 3 Oh, I'm sorry, Council Member 4 Jackson. 5 COUNCIL MEMBER JACKSON: Thank you, 6 Mr. Chair. 7 I was listening to the applicant and 8 to the residents and I was looking at the documents, 9 and I had a couple of questions, as far as it 10 appears as though the community board was in favor 11 of the project with respects to the affordable 12 housing unit, and it appears as though the community 13 is in favor of residential parking but not so in 14 favor of having basically parking in an area in 15 which some of the documentation would indicate that 16 at midday there is parking spaces available in the 17 public lot. And I was curious as to what, from the 18 time this project began to now, what compromises, if 19 any, were reached with the community and/or the 20 Speaker's community office concerning that 21 particular parking garage, as far as, one, the total 22 number of spaces, two, operational aspects and any 23 other aspects that were from the time this project 24 began, from what your vision was, and to where we 25 are today to make it more palatable, more 46 1 ZONING AND FRANCHISES 2 compromising to the community and to community, 3 Speaker Quinn's Community Office? 4 MR. TARNOFF: Well, the most 5 significant compromise is that, as I noted before, 6 that under the zoning that applies in this district, 7 we're allowed to have as of right 232 accessory 8 spaces, those spaces are allowed to be used for 9 public parking, for transient parking as well. 10 COUNCIL MEMBER JACKSON: As of right. 11 MR. TARNOFF: As of right. 12 COUNCIL MEMBER JACKSON: Okay. 13 MR. TARNOFF: And we agreed that the 14 232 spaces would be limited to accessory and they 15 would not be public transient spaces. They would be 16 monthly spaces. Monthly parking only for people who 17 live in the building, for residents, or for 18 businesses, but only on a monthly basis, not on a 19 transience basis. 20 So, we've actually agreed to restrict 21 more spaces to monthly parking only allowed on an as 22 of right basis. I think that's a significant 23 concession. 24 COUNCIL MEMBER JACKSON: What else? 25 Were there other agreements either 47 1 ZONING AND FRANCHISES 2 before the community board action or after the 3 community board action, or anywhere else in the 4 process, from an operational point of view? 5 MR. TARNOFF: There were no other 6 agreements as to the operation up until this point. 7 But that was a significant one that 8 was requested by the Planning Commission, and we 9 agreed to it at the Planning Commission. 10 COUNCIL MEMBER JACKSON: And, so, 11 currently -- 12 MR. TARNOFF: Oh, and let me just add 13 that the monthly spaces would only be -- would have 14 decals, the cars would have decals on them to make 15 sure that they wouldn't be confused with transience. 16 We agreed to have an annual report, as to the number 17 of monthly spaces in the garages, and to submit that 18 to the Planning Commission as well. 19 COUNCIL MEMBER JACKSON: Now, 20 currently at that site, is that site empty, or is it 21 right now in a public garage? 22 MR. TARNOFF: The site is under 23 construction. The building is under construction at 24 the site. 25 COUNCIL MEMBER JACKSON: But the prior 48 1 ZONING AND FRANCHISES 2 use of that was a public parking lot or garage? 3 MR. TARNOFF: It was a 500-car public 4 parking garage, and a 90-car public parking lot. 5 COUNCIL MEMBER JACKSON: And under 6 this project you're going to have a development that 7 will have 80/20 -- 8 MR. TARNOFF: 80/20 with 569 units in 9 two 24-story residential buildings, including 120 10 affordable housing units under the 80/20 program, 11 rental project. 12 COUNCIL MEMBER JACKSON: And the total 13 number of spaces in the parking garage will be? 14 MR. TARNOFF: Four hundred. 15 COUNCIL MEMBER JACKSON: You, I 16 believe, and your associates talked about access to 17 the parking garage, if I'm not mistaken. Access to 18 the garage is going to be one way or two way? 19 MR. TARNOFF: No, there is actually 20 access to the garage from 37th Street and from 38th 21 Street. So, that there is an entrance and an exit on 22 each of those streets. 23 We're required to have 20 reservoir 24 spaces for cars coming into the garage. We, in fact, 25 have 21 spaces. So, -- 49 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: Twenty what? 3 MR. TARNOFF: Twenty-one. More than 4 the 20 required. 5 COUNCIL MEMBER JACKSON: Twenty? 6 MR. TARNOFF: Reservoir spaces for 7 cars coming into the garage. 8 COUNCIL MEMBER JACKSON: What do you 9 mean by that? I'm sorry? 10 MR. TARNOFF: Well, at the entrance to 11 the garage, the Planning Commission and the zoning 12 requires if you have a number of spaces that don't 13 count towards the parking, there are spaces where 14 cars could queue up so they're not on the street. 15 COUNCIL MEMBER JACKSON: Not on the 16 street, okay. 17 MR. TARNOFF: Right. 18 But having those two accesses and 19 exit points, allows the operators of the garage to 20 monitor which ways cars go in and out based on 21 traffic conditions, and to make the garage more 22 efficient and to minimize impacts on the surrounding 23 community. 24 COUNCIL MEMBER JACKSON: And prior to, 25 under the former conditions of the parking garage 50 1 ZONING AND FRANCHISES 2 and parking lot, they had access of both streets 3 also? 4 MR. TARNOFF: That's a good question. 5 COUNCIL MEMBER JACKSON: In essence, 6 I'm asking the question to determine, obviously the 7 number of spaces under this project is going to be 8 reduced from, I think you said 590, meaning the 9 garage and the parking lot, to approximately, I 10 think you said 400 -- 11 MR. TARNOFF: That's correct. 12 COUNCIL MEMBER JACKSON: With 13 approximately two-hundred either forty-two or 14 two-hundred fifty-two from monthly parking for 15 residents, for community business people, what have 16 you and so forth. And we're going to have access 17 from both, I think you said 37th and 38th Street, 18 and my question was with respects to under the 19 former usage of the space, did they have access from 20 both streets? 21 And I think either you know or the 22 residents would know, and I'm asking that question 23 as to determine the impact of the number of 24 vehicles, either one way or the other. 25 MR. JACOB: I'm Gary Jacob, of 51 1 ZONING AND FRANCHISES 2 Glenwood Management, the applicant. And in answer to 3 your question, the parking lot was only on the 37th 4 Street side, so the access was only on 37th Street, 5 and the public 500-space parking garage, parts of 6 it, certain parts of it only went out on one 7 direction and came in on one direction. Other parts 8 came out on both. It was a garage that had different 9 entrances, and wasn't all connected, even though it 10 was a 500-car garage that had different levels, that 11 had different access points. 12 COUNCIL MEMBER JACKSON: In your 13 opinion, is the project that you're building, is it 14 going to have an increased detrimental effect on the 15 traffic flow and the residents of the community? 16 MR. JACOB: I think it will have much 17 less of an effect than the prior, you know, 18 preexisting condition, in that a substantial 19 portion, at least 232 spaces, perhaps more, will be 20 monthly parkers and our first priority is to 21 accommodate our own tenants in the building. Our 22 next priority is to accommodate residents in the 23 area, and then to the extent we can't get 232 24 spaces, we may have to have certain monthlys from 25 local business. 52 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: And are there 3 going to be discounts for either residents, 4 merchants and what have you, for monthly parking 5 spaces? 6 MR. JACOB: It wouldn't be for 7 merchants. We give discounts for our own residents 8 in the building. 9 COUNCIL MEMBER JACKSON: Okay. Thank 10 you, Mr. Chair. 11 CHAIRPERSON AVELLA: Thank you. 12 We're going to lay the vote over on 13 this item. We will lay the vote over to the next 14 meeting, special meeting of the Zoning and 15 Franchises Committee, which is going to be on June 16 25th at 9:45. 17 The next two items that we're going 18 to hear are also going to be laid over as well. So, 19 we were going to have this meeting anyway. 20 Thank you. 21 We will now, because I'm going to 22 take a vote on the first two items that was heard 23 this morning, which is, we are going to be taking a 24 vote on Land Use No. 796, which is the sidewalk 25 cafe, and 811, 84 White Street. 53 1 ZONING AND FRANCHISES 2 Chair recommends approval of both 3 items. 4 COUNCIL CLERK: Chairman Avella. 5 CHAIRPERSON AVELLA: Aye. 6 COUNCIL CLERK: Council Member Felder. 7 COUNCIL MEMBER FELDER: Yes. 8 COUNCIL CLERK: Council Member Gioia. 9 COUNCIL MEMBER GIOIA: Thank you. I 10 vote yes. 11 COUNCIL CLERK: Council Member 12 Jackson. 13 COUNCIL MEMBER JACKSON: Aye on all. 14 COUNCIL CLERK: Council Member 15 Seabrook. 16 COUNCIL MEMBER SEABROOK: Aye on all. 17 COUNCIL CLERK: Council Member Sears. 18 COUNCIL MEMBER SEARS: Aye. 19 COUNCIL CLERK: Council Member Vann. 20 COUNCIL MEMBER VANN: Aye. 21 COUNCIL CLERK: By a vote of seven in 22 the affirmative, none in the negative, no 23 abstentions, the items are referred to the full Land 24 Use Committee. 25 CHAIRPERSON AVELLA: Now we will move 54 1 ZONING AND FRANCHISES 2 on to the other two items. 3 I'm sorry. 4 COUNCIL MEMBER VANN: Yes, Mr. Chair, 5 I just wasn't quite sure why we laid that other item 6 over? It kind of got lost to me. Why we laid the 7 other -- 8 CHAIRPERSON AVELLA: I'm sorry? 9 COUNCIL MEMBER VANN: We laid an item 10 over til the 25th? 11 CHAIRPERSON AVELLA: Right, to get the 12 additional information that Council Member Gioia 13 questioned. 14 COUNCIL MEMBER VANN: Yes. What did he 15 want? What information did he want? 16 CHAIRPERSON AVELLA: Well, it's 17 questions relating to the traffic impact, whether or 18 not DOT and the Department of City Planning did the 19 proper research for the traffic impacts on the 20 project. 21 We can reach out to both agencies by 22 the time the special meeting is held. 23 COUNCIL CLERK: Council Member 24 McMahon. 25 COUNCIL MEMBER McMAHON: Aye on all. 55 1 ZONING AND FRANCHISES 2 COUNCIL CLERK: By a vote of eight in 3 the affirmative, none in the negative, all 796 and 4 LU 811 are referred to the Land Use Committee. 5 CHAIRPERSON AVELLA: Now, I will 6 remind Committee members that we still have two 7 major items to discuss, but at the request of the 8 Speaker and the Council member in question, we will 9 not be voting on these items. We will be having the 10 public hearing. 11 First item is -- I'm sorry, we're 12 going to do the Hunts Point Special District. 13 Land Use No. 786 and 787. N080247 14 ZRX, and C080248 ZMX, which is basically creation of 15 a special district and changing the zoning map. 16 City Planning is here to give their 17 presentation. This is in Council Member Arroyo's 18 district and she has joined us here this morning. It 19 is still this morning. 20 MS. SAMOL: Good morning. We have some 21 handouts which are being distributed now which will 22 be our presentation. 23 Good morning, Council members. My 24 name is Carol Samol. I'm Director of the Bronx 25 Borough Office, the Department of City Planning, and 56 1 ZONING AND FRANCHISES 2 I am pleased to join my colleagues this morning to 3 present to you the Special Hunts Point District and 4 Rezoning. 5 The rezoning grew out of the Hunts 6 Point Task Force, which Mayor Bloomberg formed in 7 2003. The proposal before you today is aimed first 8 and foremost at promoting the food industry on the 9 Hunts Point Peninsula. It's a pro industry 10 proposal. And second, it's aimed at protecting the 11 residential community from the negative impacts of 12 heavier industry, especially waste-related uses. 13 There are roughly 12,000 residents and nearly 10,000 14 workers on the Hunts Point Peninsula. Some would 15 contend there are even more workers. 16 Home to the 329 acre food 17 distribution center, Hunts Point, it's safe to say, 18 feeds New York. 19 Some 15 million people in the region 20 consume food distributed through the markets every 21 day. Protecting the food industry in Hunts Point is 22 important to the City and the entire region. So, you 23 will see the special Hunts Point district offers 24 stricter regulations to govern waste-related and 25 other heavier industries that conflict with 57 1 ZONING AND FRANCHISES 2 food-related businesses, and we double the 3 development potential in large parts of the 4 peninsula in this industry positive proposal. 5 But it is important to remember that 6 Hunts Point is also home to roughly 12,000 residents 7 and a growing arts scene. The proposal has something 8 for them as well. 9 Of course, they benefit from the 10 restrictions on waste-related and heavier industry, 11 but we have other targeted changes to regulations 12 governing retail and grocery stores in limited areas 13 of the special district to meet their needs. 14 The proposal has been positively 15 received throughout the ULURP process and received a 16 positive recommendation from Community Board 2 and a 17 positive recommendation with conditions from the 18 Borough President. 19 The City Planning Commission made 20 changes to address the concerns of the Borough 21 President. 22 I will now turn the presentation over 23 to Himanshu Mistry, who will present the special 24 district and rezoning to you. 25 MR. MISTRY: Thank you, Carol. Good 58 1 ZONING AND FRANCHISES 2 morning, Council members. I will go through the 3 presentation which you just received in terms of 4 handouts. And if you turn over page two, most -- I 5 believe most of the Council members are aware of the 6 location of the Hunts Point that is located on the 7 southern part of the Bronx, surrounded by three 8 sides of water, and on the fourth side it is 9 physically divided by Bruckner Expressway and the 10 CSX Amtrak Rail Corridor. 11 If you go on the next slide, the 12 Hunts Point Peninsula is mainly divided into three 13 areas. One is the residential core which is located 14 on the northern part of the peninsula, which 15 comprises of 22 blocks, and it has town houses, 16 local retail, medium density housing. 17 On the southern and the east side 18 there is Hunts Point Food Distribution Center, which 19 is one of the largest in the world, and which 20 comprises of produce market, meat market and a new 21 Fulton Fish Market. And the remainder of the 22 peninsula comprises of small scale industrial 23 businesses, with food-related businesses, 24 warehousing, construction, auto-related and 25 waste-related uses. 59 1 ZONING AND FRANCHISES 2 If you go to the next slide, as Carol 3 mentioned, this rezoning came out of the Hunts Point 4 Task Force, which is a Mayoral initiative formed in 5 2003, and it comprises of several City agencies, 6 local residents and businesses. 7 Hunts Point Task Force identified 8 several issues and problems, and also proposed 9 solutions in Hunts Point Peninsula. And we are here 10 to present the major issue which is optimizing land 11 use. 12 Hunts Point Task Force identified 13 several land use issues. First is there is a need to 14 buffer the residential community from heavier uses, 15 such as waste transfer stations, automotive-related 16 scrap yards. 17 Second, there are incompatible uses, 18 such as waste transfer stations, of which locate 19 next to concentrations of food-related businesses. 20 And second part of that is, Hunts 21 Point Food Distribution Market also needs a buffer 22 from heavier industrial uses adjacent to it. 23 There is also lack of retail 24 businesses in the neighborhood, and open industrial 25 uses negatively impact the particular appearance of 60 1 ZONING AND FRANCHISES 2 the Hunts Point Peninsula. 3 If you turn over to the next slide, I 4 will go through the existing zoning. The peninsula 5 primarily consists of manufacturing zoning 6 districts, with the exception of Residential R6, 7 which is located on the northern side, and it's 8 covered for the most part by M1 district, and the 9 remainder is M 3 with a small portion on the 10 northern side with M2-1 district. 11 Usually M-1 has the highest 12 performance standards for all the industries to 13 locate, whereas M3 allows the industries to locate 14 with lowest performance standards. 15 Department of City Planning is 16 proposing several rezoning actions. One is rezoning 17 of the entire Special District area, which I will go 18 through in a minute. Establishment of special 19 district and other zoning actions. 20 If you can turn over another slide? 21 This is just to make you understand the area of the 22 rezoning and the special district. It is like a 23 donut hole, which -- 24 COUNCIL MEMBER JACKSON: What slide 25 are you on right now? Thank you. 61 1 ZONING AND FRANCHISES 2 MR. MISTRY: It's a 70-block area, 3 which does not include the residential area which is 4 in the center of the proposed special district. 5 If you go on the next slide. 6 We are proposing to rezone the entire 7 area of the special district from M1-1, M2-1 and 8 M3-1 to M1-2. 9 This in turn will increase the FAR of 10 existing M-1 district, from 1.0 to 2.0, which 11 comprises of roughly 43 blocks. 12 This will increase the development 13 potential in that area, and another thing is that it 14 requires the highest performance standards of M-1 15 districts within the entire special district. 16 If you turn over to the next slide, 17 we are proposing two sub districts within the Hunts 18 Point special district. One is residential buffer, 19 which covers the residential area, which comprises 20 of 33 blocks, and the other one which is located on 21 the southern part, which is food industry 22 subdistrict, that comprises of 37 blocks. 23 The general goals of the special 24 district are: 25 - first to provide a buffer from 62 1 ZONING AND FRANCHISES 2 heavier industrial uses to the residential area; 3 - second, to encourage more 4 food-related business in the area, and other 5 compatible industrial uses within the special 6 district; 7 - third, to create a transition 8 between Hunts Point Food Distribution Market and the 9 adjacent industrial neighborhood; 10 - fourth, is to retain jobs within 11 the City, to promote more retail businesses in the 12 residential buffer; and 13 - lastly, to improve the appearance 14 of the Hunts Point. 15 Now I'll go through the first sub 16 district, which is residential buffer sub district. 17 The main goal is to buffer the 18 residential core from heavier industrial uses. 19 Here all heavier uses, mainly use 20 group 18, will not be allowed irrespective of 21 performance standards. 22 All industrial activities, including 23 storage of parts and materials, will require to take 24 place within completely enclosed buildings. We are 25 lifting the restriction on the larger retail, 63 1 ZONING AND FRANCHISES 2 especially the grocery stores, to encourage more 3 retail options within the area. 4 Now, you see there are two asterisk 5 marks, which we have made certain changes to the 6 special district based on the recommendation of 7 Borough President, which I will go to in the end. 8 We are also lifting some of the 9 restrictions on community facilities to promote arts 10 within these residential buffer areas, such as art 11 galleries, libraries and museums. Currently they 12 require special permits to locate there. 13 We are also reducing parking 14 requirements, especially for grocery stores, to 15 encourage more grocery stores within the residential 16 buffer district. 17 We are reducing from one space for 18 part 300 square feet of floor area to one space per 19 200 square feet of floor area. 20 The street trees will be required for 21 all new developments, and new Citywide parking 22 landscaping regulations will also be in place. 23 Can you go to the next slide, please? 24 The second sub district is food 25 industry sub district, which comprises of 37 blocks. 64 1 ZONING AND FRANCHISES 2 The main goal is to buffer the food distribution 3 market from heavier industry and create a transition 4 between the two, and to promote more food-related 5 businesses in the area. 6 Here also in this sub district, most 7 heavier industrial uses will not be allowed. So, 8 just the waste transfer stations, scrap yards, 9 irrespective of performance standards. However, 10 there are certain existing heavier uses, with use 11 group 18A, for example, breweries, heavy 12 machineries, including electrical construction, 13 mining, metal products, treatment or processing, 14 plastics, steel or structural steel products, they 15 will be allowed in this sub district as they have 16 historically been present here and create a number 17 of jobs. And these industries are also compatible 18 with the food-related business. 19 In addition, we are also allowing Use 20 Group 18B, which is refrigeration plant, that serves 21 as a valuable food-related service to the 22 food-related industries. 23 Here also all industrial activities 24 will require to take place within completely 25 enclosed buildings. Street trees will be required 65 1 ZONING AND FRANCHISES 2 for all new developments and new Citywide parking, 3 landscaping regulations will also be in place. 4 Can we move to the next slide? 5 Along with the special district and 6 the rezoning, we are also extending a commercial 7 overlay from the Hunts Point Avenue to the southern 8 part of the Hunts Point Avenue where there are 9 certain non-conforming retail uses. So, we are 10 extending a commercial overlay to make them 11 conforming. And there is one vacant lot located on 12 the Spofford Avenue and Longfellow, where it is 13 currently surrounded by, on all three sites, by 14 residential districts, it's vacant right now and 15 it's currently zoned M1-1, and we are changing it to 16 R6 residential zoning district. 17 If you go to the next slide, through 18 the ULURP process, the Borough President has a 19 number of recommendations and one of these was 20 regarding the hotels and motels permitted within the 21 special district. 22 Which the special district right now 23 expand the area of M1 districts, which allowed 24 hotels and motels as of right, which was not the 25 intention of the City Planning when we crafted the 66 1 ZONING AND FRANCHISES 2 special district. 3 So, we made the modifications based 4 on the Borough President's recommendation. If you 5 see on the map the hatched area, which is yellow in 6 color, we are saying that they are not allowed 7 within the currently, within the areas which are 8 currently zoned M2, and M3. So, they are not allowed 9 now, and they will not be allowed in the areas, in 10 the same areas. So, we are making that change. 11 And secondly, if you go to the next 12 slide, based on the Borough President's 13 recommendation, within the residential buffer, we 14 initially proposed within the residential buffer sub 15 district any retail larger than 10,000 square feet 16 will be allowed as of right within the entire 17 residential buffer sub district. 18 We are limiting the retail uses to 19 only 50 feet along the Garrison Avenue -- sorry, 500 20 feet off Garrison Avenue on both sides, and the rest 21 of the residential buffer sub district, food stores 22 will be allowed of any size within the remaining 23 part of the sub district. 24 And now I'll turn over to Carol 25 Samol, for more residential sub district. 67 1 ZONING AND FRANCHISES 2 MS. SAMOL: Thank you, Himanshu. 3 The change to the food store 4 regulation, the grocery stores, was retained for the 5 entire residential buffer sub district. Grocery 6 stores were deemed a special use here in the South 7 Bronx, the area is under-served by food stores and 8 residents of the area suffer from diet-related 9 health issues, such as diabetes and obesity that are 10 impacted by consumption of fresh fruits and 11 vegetables, such that would be available in a food 12 store. 13 The community has long cried out for 14 access to the fresh fruits and vegetables that pass 15 through the streets of Hunts Point every day. And 16 encouraging the development of a grocery store is 17 important to the future health and growth of this 18 community. 19 There are limited number of sites 20 within the residential buffer sub district available 21 to develop a grocery store. The largest of these is 22 40,000 square feet along Garrison Avenue. 23 This would give us a grocery store of 24 about 20, 25,000 square feet. It's important that 25 this change be retained throughout the sub district 68 1 ZONING AND FRANCHISES 2 to encourage the development of a food store. That's 3 our goal. 4 The changes to the retail regulation 5 arose out of a task force. The employers represented 6 on the task force expressed a desire to increase the 7 retail options on the peninsula in order to help 8 them retain good employees. 9 And during our outreach, about the 10 proposal, community members and community leaders 11 expressed a desire for increased retail options on 12 the peninsula. 13 The change to the retail regulations 14 was originally proposed for the entire residential 15 buffer sub district. 16 As Himanshu said, the Borough 17 President requested that the change be limited to -- 18 retained but limited to Garrison Avenue. The City 19 Planning Commission agreed and limited the change to 20 retail uses other than grocery stores to within 500 21 feet of Garrison Avenue, within the residential 22 buffer sub district. 23 This is a small area in a special 24 district. It is only nine blocks long and those 25 blocks are shallow. Many are no deeper than 100 feet 69 1 ZONING AND FRANCHISES 2 because of the railroad link to the north. 3 I should note that this area is the 4 Gateway to Hunts Point and is already by many 5 non-industrial uses, such as the Point Community 6 Center, McDonalds Restaurant, there is a school in 7 this area, as well as several sites with parking for 8 school buses and cars. 9 Moreover, within this area there are 10 a few sites that are available for development of 11 retail. We have identified three sites within this 12 area that are under-developed and could be 13 considered soft sites. One is 40,000 square feet, 14 another 17,000 and the third is only 5,400 square 15 feet. 16 We forecast that only the largest of 17 these sites would be developed with the retail use 18 and we forecast a grocery store. And in any case, 19 even an assemblage of a full block, which is quite 20 difficult and not a reasonable assumption, would not 21 yield land area more than 100,000 square feet. 22 The only site that might accommodate 23 larger retail is the Landmarked American Bank Note 24 Building. The plans for this property include 25 office, a small food outlet, art space, as well as 70 1 ZONING AND FRANCHISES 2 light manufacturing. The manager of the site is here 3 today, and I expect he will testify about the 4 proposal and their plans. 5 These plans happened to arise during 6 the ULURP review of the Hunts Point rezoning. 7 In summary, the Special Hunts Point 8 District and rezoning are designed to protect and 9 promote the food industry and residential community 10 of Hunts Point. We believe this proposal strikes an 11 important balance between promoting and restricting 12 industry, meeting community and worker needs, and 13 providing opportunities for the future health and 14 growth of Hunts Point. 15 Thank you. 16 CHAIRPERSON AVELLA: As I stated, this 17 application lies within Council Member Arroyo's 18 district. 19 Council Member Arroyo. 20 COUNCIL MEMBER ARROYO: Is this 21 working? Thank you, Mr. Chair. 22 One point of clarification. We've had 23 many discussions regarding this application, and 24 there seems to be the one issue that comes up is the 25 opportunity for a big box store to settle into this 71 1 ZONING AND FRANCHISES 2 special buffer zone. And the impact that traffic of 3 that big box store would have on a community that's 4 already so overburdened by the amount of traffic 5 that this area generates by virtue of the businesses 6 that occur there. 7 Can you please help us understand how 8 likely that is, number one? And number two, what 9 opportunities does the community have in the event 10 that something of that size could come into the -- 11 decide to pull together some lots, and find the 12 space to build the kind of retail business that 13 we're concerned about? 14 MS. SAMOL: Sure. 15 The term "big box," you know, that 16 refers to something that's probably 100,000 square 17 feet in size, plus parking. And what we have found, 18 and we feel confident there are just not sites 19 available that would, even if they assemble a full 20 block, we're talking less than 100,000 square feet, 21 because you also have to have parking plus the 22 store. 23 The food store regulation itself 24 would apply only to the residential buffer sub 25 district, it's only -- I don't know if you can point 72 1 ZONING AND FRANCHISES 2 that out on the map. It's the limited area right 3 around the residential core, and the other retail is 4 limited to Garrison Avenue, and we found even fewer 5 sites available there. They're even more restricted 6 in that they have the rail line, they have, you 7 know, it's a shallow block area. 8 So, between the limited area where 9 we're applying this regulation and then the sites 10 available, and even with assemblages, they just 11 couldn't get to the size that you would need for a 12 big box store. 13 I would expect like a 20-25,000 14 square foot grocery store, between changing the 15 regulations for the grocery store, and including the 16 parking regulation, we're hoping the City would also 17 make efforts to bring a grocery store to Hunts 18 Point. 19 COUNCIL MEMBER ARROYO: And one is 20 desperately needed. What's available there is just 21 inadequate, and there is a great deal of need for us 22 to attract an appropriate size supermarket into the 23 community that now just does not have it. 24 I wanted to make sure that we made 25 that distinction on the record, because there is, 73 1 ZONING AND FRANCHISES 2 that is the one concern that I have heard from the 3 various groups, and/or the Borough President's 4 Office. 5 Because, in general, it is a plan 6 that makes a great deal of sense and long overdue, 7 to provide really to the residents that live in the 8 Hunts Point Peninsula. So, I thank you for that 9 explanation. Thank you, Mr. Chair. 10 CHAIRPERSON AVELLA: Thank you. 11 Any questions from my colleagues 12 before we move to the public testimony on this item? 13 Council Member Felder. 14 COUNCIL MEMBER FELDER: Just a quick 15 question. 16 I'm not that familiar with the area. 17 The rail, other than the Amtrak Rail that's shown, 18 what kind of rail is that? 19 MS. SAMOL: It's freight. 20 COUNCIL MEMBER FELDER: And where is 21 that coming from? I'm just curious. 22 MS. SAMOL: It's the CSX -- 23 COUNCIL MEMBER FELDER: What line? 24 MS. SAMOL:-- Rail line. 25 COUNCIL MEMBER FELDER: Where does 74 1 ZONING AND FRANCHISES 2 that come from? Where does it travel? 3 MS. SAMOL: Ron was just telling me 4 that this is one that runs on the waterfront in 5 other parts of the Bronx, and runs twice a day. 6 COUNCIL MEMBER FELDER: It only runs 7 in the Bronx? 8 Where does it start out from? 9 MS. SAMOL: Yes, it goes north to New 10 England. And there used to be rail -- yes, okay. 11 Sorry. It runs up to Albany through the South Bronx. 12 COUNCIL MEMBER FELDER: This is not a 13 trick question. 14 MS. SAMOL: No. 15 COUNCIL MEMBER FELDER: I just want to 16 know the beginning of this route and the end of the 17 route. 18 MS. SAMOL: It goes to New England and 19 it goes up to Albany. So, it kind of makes a loop 20 through the area. 21 COUNCIL MEMBER FELDER: Thank you. 22 CHAIRPERSON AVELLA: Seeing no other 23 questions, thank you. And we'll move to the public 24 testimony. 25 I have people in favor and against 75 1 ZONING AND FRANCHISES 2 and I actually have one person who is neutral. 3 I will call up the people in favor 4 and the one neutral individual. Jonathan Denham. 5 John Robert, representing Bronx Community Board 2. 6 Joan, and I can't make out your last name Joan? 7 Byron. Okay, now I could see how it looks like 8 Byron. And Pat Purcell from UFCW. 9 Actually, we were in a dilemma, 10 nobody has ever filled out neutral before. 11 I'm trying to speed up the process, 12 so we can get out of here, so we can do this at a 13 reasonable amount of time. But the point is moot 14 because I think Pat left. 15 Please. 16 MR. DENHAM: Good morning, again. My 17 name again is Jonathan Denham. I am a principal in 18 Denham Wolf Real Estate Services. My firm as well is 19 a partner in ABN Associates. We are the relatively 20 new owners of a significant property in Hunts Point, 21 the former American Bank Note property. 22 I'm here today to voice my support of 23 the proposed rezoning. A little bit of background on 24 why we're in support. 25 Our property is a significant 76 1 ZONING AND FRANCHISES 2 property within the proposed residential buffer sub 3 district within the overall rezoning. And our 4 property is an important point of background, was 5 designated formerly a landmark by the Landmark 6 Preservation Commission several months ago, which is 7 a designation that our team and ownership strongly 8 supported. 9 The landmarks process and the 10 landmarks designation is something we're very proud 11 of for our property and dovetails very much with our 12 plans for the building. 13 Our plans for the building are to 14 adaptively reuse the existing building to build on 15 the existing uses that have been successfully 16 brought to the building over the last ten to 20 17 years. Our proposed uses for the vacant space that 18 is currently in the building, included expanding 19 office uses of many kinds, both privates, for-profit 20 businesses and not-for-profit businesses. We're also 21 hoping to expand on and encourage additional arts 22 related uses within the building, many of which 23 happily exist there today. 24 We are also, we have currently two 25 schools in the property and are very interested in 77 1 ZONING AND FRANCHISES 2 continuing or having additional schools within the 3 property going forward. 4 Lastly, we are hoping to have some 5 modest amount of retail within the property to help 6 provide some of the local retail services that are 7 needed in the neighborhood. 8 Again, the property is formerly 9 designated now as a landmark, which significantly 10 restricts significant changes that we might 11 otherwise make to the building. As I said, we have 12 been very much in support of the landmarks 13 designation. It is very much in line with what our 14 goals for the property. 15 Likewise, we are in support of the 16 rezoning, the proposed rezoning, which we believe is 17 a positive step both for our property and for the 18 larger Hunts Point community. 19 To touch on one point that has been 20 raised, the concern raised about big box retail 21 potential for the neighborhood. Specifically for our 22 property, due to the landmarking and a whole variety 23 of other things, big box retail is certainly, we 24 believe, not a possibility for our property. And 25 even if it were, it's not something that we're 78 1 ZONING AND FRANCHISES 2 interested in, and is certainly not anywhere a part 3 of our plans for the American Bank Note Building 4 property going forward. 5 So, again, we are in favor of the 6 proposed rezoning, and hope it makes the positive 7 impact that we expect it will on the Hunts Point 8 community. 9 Thank you. 10 MR. ROBERT: Good morning. Good 11 morning. My name is John Robert. I'm District 12 Manager of Bronx Community Board No. 2, and I just 13 have a very brief statement to read, prepared by the 14 Board. 15 Please be advised that while we 16 support the proposed special Hunts Point District 17 rezoning that has been presented by the Department 18 of City Planning and voted accordingly, and 19 unanimously at the ULURP public hearing on February 20 27th, the fact remains that we have two outstanding 21 concerns. 22 The first one is the as of right 23 development of hotels, which we realize is a 24 Citywide issue. We are particularly sensitive to 25 hotels' potentially devastating affect on the 79 1 ZONING AND FRANCHISES 2 neighborhood due to the chronic presence of 3 prostitution in Hunts Point. Anything that would 4 exacerbate that situation is unacceptable. The 5 possibility of big box retail in the proposed 6 rezoned areas is our second concern. The traffic 7 generated by big box establishments would only add 8 to the already overburdened local residential 9 streets in Hunts Point. 10 We are requesting that the City take 11 whatever measures necessary to resolve these two 12 potentially onerous developments. 13 Of course, we expect the buffer zone 14 to house a normal range of smaller retail 15 establishments, including food stores, hardware 16 stores, et cetera. 17 This diversity will improve the 18 residential area, as well as help develop and define 19 the buffer zone. 20 That's it. Thank you. 21 MS. BYRON: Councilman Avella, 22 especially Council Member Arroyo, especially, thank 23 you for coming. Council Members Jackson and Felder. 24 My name is Joan Byron. I direct a 25 Sustainability and Environmental Justice Initiative 80 1 ZONING AND FRANCHISES 2 of the Pratt Center for Community Development. 3 Some of you know, we work with 4 communities throughout the City, especially on 5 issues of social justice, environmental justice, as 6 they play out in Land Use decision-making, and we're 7 very proud to have worked with community 8 organizations in Hunts Point on those issues since 9 the early 1990s. 10 The Hunts Point Task Force, the 11 vision plan that's been referred to, is a model of a 12 collaborative effort between stakeholders that don't 13 always agree. 14 The agencies took the lead, the 15 elected officials of that community supported that 16 process, and there was a remarkable consensus built 17 between residents and industry about some important 18 stuff, the need to protect and encourage the growth 19 of manufacturing, especially the food sector, at the 20 same time to buffer that residential community, the 21 hole in that donut that you saw, against some of the 22 negative impacts of industry. 23 So, the idea of curtailing waste 24 uses, and creating an M1 buffer zone around the 25 residential area is something that has broad support 81 1 ZONING AND FRANCHISES 2 among all stake holders in the community. 3 The idea that big box retail is a 4 good buffer, I mean that's like making a buffer out 5 of poison ivy. I don't know what the buffer is 6 protecting you against. 7 Everybody in the community wants 8 better food stores, so the provision that would 9 allow 6A uses throughout the residential buffer, 10 that would be large food stores, everybody is fine 11 with that. 12 Everybody wants retail to serve 13 existing residents and workforce. Nobody in that 14 task force envisioned retail non-food uses over 15 10,000 square feet, commonly referred to as "big 16 box." 17 And notwithstanding what City 18 Planning had to say, that provision, the provision 19 to allow use group 10-A, large retail uses, along 20 Garrison Avenue, would affect lots with a total lot 21 area of 1.5 million square feet, at an FAR of 2 that 22 obviously would give you a maximum of 3 million 23 potential square feet of retail built out. 24 And because land in that area has 25 been undervalued because both the zoning and the 82 1 ZONING AND FRANCHISES 2 surrounding land use and the traffic conditions have 3 really inhibited development and held down the value 4 of that land, we don't believe that it would be very 5 difficult for a retail developer to assemble lots of 6 80- to 100,000 square feet, and develop retail at a 7 scale that would really create a negative situation 8 for the community, particularly traffic. 9 We're also concerned that on the one 10 hand the whole point of this vision plan is to 11 encourage manufacturing, to encourage the kind of 12 uses that you heard about, we're there with the 13 brewery. Retail will out-compete and out-bid those 14 industrial users, those providers of living wage 15 jobs and replace those jobs with low-wage service 16 jobs. That's not what we want to see. Thank you. 17 CHAIRPERSON AVELLA: Thank you. 18 Next panel -- well, first I'll call 19 up Pat Purcell? Oh, I'm sorry, Council Member 20 Jackson. 21 COUNCIL MEMBER JACKSON: Thank you, 22 Mr. Chairman. 23 This question is for the Community 24 Board 2 District Manager. 25 I think you raised the issue of I 83 1 ZONING AND FRANCHISES 2 believe the hotels in the area and about situations 3 there as far as, you know, prostitution. And my 4 understanding, and correct me if I'm wrong, in 5 listening to the presentation by the City Planning 6 Commission, that they indicated, I'm trying to find 7 which map it is, as far as to restrict hotels in 8 that particular area; am I correct in that? 9 And I guess I had a question for City 10 Planning, but I'm sure that you can probably answer 11 that as a District Manager, since ULURP hearings 12 were held in Community Board 2. 13 So the restriction of hotels and 14 motels in that area will be effective when this 15 rezoning takes place; is that correct? 16 MR. ROBERT: Okay, my understanding is 17 that hotels are allowed now. 18 COUNCIL MEMBER JACKSON: Yes, right 19 now, currently. But under the proposed rezoning 20 there will not be any new hotels and motels, allowed 21 in the areas that indicated in the, basically the 22 shaded area where it's indicated; isn't that 23 correct? 24 MR. ROBERT: I believe that's correct, 25 yes. 84 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: But it does 3 not, this rezoning does not say that the current 4 hotels and motels have to be eliminated. It does not 5 say that. 6 MR. ROBERT: Right. Well, we don't 7 have any. 8 COUNCIL MEMBER JACKSON: You don't 9 have any right now? 10 MR. ROBERT: No. 11 COUNCIL MEMBER JACKSON: In essence, 12 is it the Community Board's position you don't want 13 any? 14 MR. ROBERT: Well, we certainly don't 15 want -- 16 COUNCIL MEMBER JACKSON: You don't 17 want the cheap sheets. 18 MR. ROBERT: Of course not. Of course 19 not. 20 COUNCIL MEMBER JACKSON: Okay. 21 MR. ROBERT: I mean, a real hotel 22 would be wonderful, of course, some kind of truck 23 stop, a place where truckers could go and rest. But 24 that would be wonderful, but, no, we don't want any 25 hot sheets, anything like that. 85 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: Mm-hmm. 3 MR. ROBERT: If we have some, they 4 would have to be legitimate hotels. 5 COUNCIL MEMBER JACKSON: Do you know 6 as a District Manager whether any applications have 7 been put in place in order for those hot sheet 8 motels and hotels prior to this rezoning going into 9 effect? 10 MR. ROBERT: My understanding, no. No 11 applications have been put into place. 12 COUNCIL MEMBER JACKSON: So, in 13 essence, everything seems to be in sync with what 14 the Community Board wants; is that correct? 15 MR. ROBERT: Yes. And we want to leave 16 it that way. 17 COUNCIL MEMBER JACKSON: Okay. 18 MR. ROBERT: We want to make sure it 19 remains that way. 20 COUNCIL MEMBER JACKSON: So, you want 21 it to be an industrial area, a residential area, and 22 mixed use area that preserves and increases quality 23 of life for the residents? 24 MR. ROBERT: Exactly. 25 Exactly. 86 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: Were these 3 questions raised in the ULURP process at Community 4 Board 2? 5 MR. ROBERT: Yes, they were. 6 COUNCIL MEMBER JACKSON: And they were 7 answered by the appropriate parties? 8 MR. ROBERT: Yes, they were. 9 COUNCIL MEMBER JACKSON: Okay. 10 MR. ROBERT: I just wanted to make it 11 a point of it today at the public hearing -- 12 COUNCIL MEMBER JACKSON: Okay. 13 MR. ROBERT: You know. 14 COUNCIL MEMBER JACKSON: Okay, and I 15 hear you, and that's why I asked for clarification, 16 because quite frankly, not a resident of the area, 17 not the representative of the area, I didn't know 18 if, in fact, there were hotels and motels and hot 19 sheet places in the area right now, in which you 20 said there is none. 21 MR. ROBERT: No. 22 COUNCIL MEMBER JACKSON: That was a 23 question that I asked because I thought maybe 24 because of the rezoning they were trying to make 25 sure to eliminate those negative aspects in our 87 1 ZONING AND FRANCHISES 2 community. 3 MR. ROBERT: Okay. 4 COUNCIL MEMBER JACKSON: But you're 5 saying there is none. 6 MR. ROBERT: No. None in Hunts Point. 7 COUNCIL MEMBER JACKSON: Okay. 8 And, so, you had indicated that the 9 community board basically move forward with this 10 rezoning, was a unanimous decision of the community 11 board? 12 MR. ROBERT: It was, yes. 13 COUNCIL MEMBER JACKSON: Okay. 14 That's all the questions I have. 15 Thank you. 16 CHAIRPERSON AVELLA: I think City 17 Planning wanted to comment on your question, as 18 well. 19 MS. SAMOL: Just to clarify the -- 20 CHAIRPERSON AVELLA: Reintroduce 21 yourself. 22 MS. SAMOL: Yes, certainly. 23 I'm Carol Samol. I'm Director of the 24 Bronx Borough Office for the Department of City 25 Planning. 88 1 ZONING AND FRANCHISES 2 And just to clarify the change for 3 the hotel rules, today -- in M1 zones, which part of 4 the Peninsula is zoned M1, hotels and motels are 5 permitted; however, they're not permitted in M2 and 6 M3. We are rezoning the entire area of the special 7 district to M1. So, those areas that are today zoned 8 M2 and M3, we wanted to retain the hotel restriction 9 in those areas into the future in the special 10 district area. 11 So, we're just keeping everything 12 equal. Today where they're not allowed, in the 13 future they won't be allowed. 14 CHAIRPERSON AVELLA: Thank you. 15 I'd like to call up Pat Purcell for 16 the next panel. 17 Pat. So, you have your own panel, 18 Pat, as being neutral. And that's a first, by the 19 way. Nobody has ever put in neutral. 20 MR. PURCELL: Not liking to be in the 21 spotlight, I will be very brief. I feel very alone 22 up here. 23 I'm going to read the beginning of my 24 statement and then I'm going to ad lib it a little 25 bit, because a lot of things have happened since 89 1 ZONING AND FRANCHISES 2 roughly 5:30 this morning when I actually typed up 3 this statement. So, let me just simply start by 4 saying, good morning, Mr. Chairman, members of the 5 Committee. My name is Patrick Purcell, and I am 6 Director of Special Projects for United Food and 7 Commercial Workers Union, Local 1500. We are New 8 York State's largest union representing grocery 9 store workers. 10 Local 1500 represents over 22,000 11 workers employed by Pathmark, Stop-N-Shop, King 12 Kullen, Gristedes, Key Food, D'agastinos and Fairway 13 Supermarkets, in addition to many independent 14 operators. 15 Of our 22,000 members, over 10,000 of 16 them reside here in New York City with their 17 families. 18 New Yorkers living in low-income 19 neighborhoods lack access to affordable nutritious 20 food. Of over 11,600 stores in New York City 21 registered with the Department of Agriculture and 22 Markets, only 550 are what we would consider 23 standard grocery stores, full service. 24 Over 10,000 of them are bodegas and 25 over 800 are drug store chains like CVS and 90 1 ZONING AND FRANCHISES 2 Walgreens. 3 Recently both public and private 4 institutions have agreed that at a minimum, New York 5 City is in need of 100 full-service supermarkets. 6 Communities throughout New York City and its suburbs 7 know that when they lack equal access to a 8 traditional supermarket, that the following is true: 9 people with low incomes pay more for food; the 10 quality of food is sub par; the selection of food is 11 less healthy; and the jobs are not living wage jobs. 12 These facts led UFCW, Local 1500 to 13 create the Building Blocks Project. The Building 14 Blocks Project states that good food, good jobs, 15 good food and good health are the building blocks of 16 every community, yet they are quickly becoming 17 extinct from New York City at an alarming rate. 18 Our goal is to preserve existing 19 markets, help develop new ones and ensure that 20 workers are being treated fairly at those that are 21 currently operating. 22 Our local has been working closely 23 and enthusiastically with the staffs of Speaker 24 Quinn, Mayor Bloomberg, and an overwhelming number 25 of City Council members on this problem. 91 1 ZONING AND FRANCHISES 2 In fact, many City Council members, 3 those here right now, have met directly with us to 4 discuss ways of achieving the goals of the Building 5 Blocks Project. 6 So, with that said, when it comes to 7 Hunts Point, we've had very good conversations, 8 ongoing conversations with the Speaker's Office, the 9 Administration, the staff of zoning, Council Member 10 Katz's staff, that list of people we have spoke to 11 has grown exponentially since 6:00 a.m. this 12 morning. The calls have been coming in and we've 13 done a lot of good work. 14 With that said, our interest here is 15 making sure that the community gets a supermarket. 16 This is a community in need of a 17 supermarket. 18 However, what's important also is 19 that there is nothing in here that in some way or 20 another would allow, though, for a big box store. 21 There have been opportunities in the 22 past where we feel that the intent was to bring in 23 supermarkets and then ultimately, we end up with big 24 box. 25 I would say that, though, our 92 1 ZONING AND FRANCHISES 2 conversations have been very constructive, 3 especially with the staff at City Planning. 4 To us, it's clear that their 5 intention is to bring in supermarket, a supermarket 6 for this community. As I have learned a little bit 7 that the way this is being zoned and the way this is 8 being laid out, the chances for our concerns 9 actually coming to fruition of big box seem quite 10 remote. So, as long as our conversations we expect 11 to continue, we expect in the near future to be able 12 to endorse this project. 13 CHAIRPERSON AVELLA: Thank you. 14 MR. PURCELL: Thank you very much. 15 CHAIRPERSON AVELLA: We have two 16 speakers in opposition. Jennifer Barrett, the New 17 York Industrial Retention Network, and Sheila, and 18 I'm sure I'm going to pronounce this wrong? 19 MS. SOMASHEKHAR: Somashekhar. 20 CHAIRPERSON AVELLA: Somashekhar, I 21 apologize, from Sustainable South Bronx. 22 MS. BARRETT: Good morning, everyone. 23 And thank you for your attendance. 24 I should clarify that we are in 25 support of the rezoning but with a modification, and 93 1 ZONING AND FRANCHISES 2 that's what I will outline in my testimony. 3 My name is Jennifer Barrett, and I am 4 the Research and Policy -- 5 CHAIRPERSON AVELLA: Can I interrupt 6 you for a second? 7 MS. BARRETT: Sure. 8 CHAIRPERSON AVELLA: Somebody left a 9 bag under the dais table. I just want to make sure 10 that somebody doesn't leave. 11 Oh, it's yours. Okay. 12 Sorry. 13 MS. BARRETT: It's okay. 14 My name is Jennifer Barrett, and I am 15 the Research and Policy Associate for the New York 16 Industrial Retention Network, or NYIRN. 17 NYIRN is the Citywide organization 18 dedicated to saving and creating well-paying 19 manufacturing jobs, and to promoting environmental 20 justice and sustainable development. 21 For decades the community of Hunts 22 Point has been the victim of many egregious land 23 uses in the forms of waste transfer stations, junk 24 yards and other noxious activities. 25 To address this history, and to 94 1 ZONING AND FRANCHISES 2 capitalize on job creation, and other opportunities 3 created by the community's proximity to Hunts Point 4 Market, this City began an ambitious collaborative 5 planning process with the community which built 6 goodwill and respect. 7 One of the points of consensus was 8 the need for additional industrial space, as well as 9 a way for allowing for better supermarkets to serve 10 the community. 11 While we support the rezoning 12 application in general, we are concerned about the 13 allowance for unlimited retail uses along Garrison 14 Avenue. 15 More specifically, we support the 16 rezoning for the following reasons: 17 In increases the FAR for industrial 18 uses thereby doubling the allowable density for 19 light manufacturing businesses. 20 It preserves existing industrial 21 businesses, yet creates a buffer to allow 22 residential and industrial uses to coexist, and it 23 eliminates hotels in the special district, a use 24 that is allowed as of right in M1 zones. The 25 proliferation of hotels in other manufacturing areas 95 1 ZONING AND FRANCHISES 2 has become a problem. They displaced viable 3 manufacturing businesses and could provide a 4 smokescreen for residential development. 5 Despite these important changes, we 6 are still deeply concerned about the potential for 7 large retail stores in the rezoning area. The 8 community needs more supermarkets and we support the 9 allowance for food stores from use group 6A, as 10 stated in the zoning modifications. 11 However, we are opposed to provisions 12 for large superstores, such as those outlined in use 13 group 10A, made possibly in the zoning proposal as 14 of right and without size restrictions. 15 Zoning that encourages big box retail 16 has shown to overtake manufacturing zones, creating 17 instability for existing businesses, and less 18 desirable outcomes. 19 For example, big box retail pays less 20 in wages, but more for land. So, they displace 21 well-paying manufacturing jobs, resulting in a 22 downward mobility. 23 Second, big box stores generate 24 incredible traffic and consume large amounts of 25 space for surface parking. Even with the reduced 96 1 ZONING AND FRANCHISES 2 parking requirements proposed for the area, a 3 typical store could require 300 parking spaces. 4 Finally, the Hunts Point community 5 needs jobs, the types of good jobs that are provided 6 in manufacturing. 7 Yet, the City has a shortage of 8 industrial space to support these jobs. 9 Over the past five years, the City 10 has rezoned 19 million square feet of industrial 11 space and proposed rezoning threaten an additional 12 12 million square feet. 13 Moreover, even more space is at risk 14 because of speculation in other areas that the 15 Department of City Planning anticipates rezoning. In 16 these cases property owners hold land off the 17 market, or offer only month-to-month leases creating 18 real estate instability for existing businesses. 19 If this City makes a firm commitment 20 to maintaining Hunts Point as an area for industrial 21 use, the market will stabilize at a price point that 22 is attractive for legal uses. 23 For these reasons, we urge you to 24 protect industrial uses, as much as possible, by 25 removing the provision that would allow as of right 97 1 ZONING AND FRANCHISES 2 retail development of unlimited size within use 3 group 10A, and limit large unrestricted retail on 4 Garrison Avenue to food only store. 5 Thank you very much. 6 MS. SOMASHEKHAR: Thank you for 7 allowing me the opportunity to speak today. My name 8 is Sheila Somashekhar, and I am Greenway and Green 9 Building Coordinator for Sustainable South Bronx. 10 Sustainable South Bronx is an 11 organization working in Hunts Point that promotes 12 environmental justice through innovative, 13 economically sustainable projects that are informed 14 by community needs. 15 In the interest of this mission, 16 Sustainable South Bronx opposes the proposers 17 rezoning in Hunts Point, and specifically the 18 provision that as discussed before, would allow big 19 box retail as of right. 20 Again, big box retail being non-food 21 retail uses over 10,000 square feet. Following are 22 the reasons that we oppose the possibility of big 23 box retail: 24 First, in the Hunts Point Vision 25 Plan, which is a City-led plan to develop Hunts 98 1 ZONING AND FRANCHISES 2 Point in a way that serves the expressed interest of 3 local residents and businesses, big box retail is 4 not a use discussed. 5 Although the City of New York has 6 been a partner in the community visioning process, 7 this rezoning would be inconsistent with expressed 8 community interests. 9 These interests do not include big 10 box retail. 11 Second, the Hunts Point neighborhood 12 already faces severe traffic congestion problems, 13 particularly truck traffic, which releases toxic 14 diesel exhaust into the air. 15 Over 16,000 trucks come into the 16 neighborhood daily. Additional truck and auto 17 traffic is inevitable with the introduction of big 18 box retail, and this will only exacerbate already 19 high levels of air pollution that Hunts Point 20 residents face on a daily basis. 21 A number of organizations, including 22 Sustainable South Bronx, have been working to reduce 23 traffic and mitigate its impact on the residential 24 areas. And the City of New York through the Hunts 25 Point Vision Plan has supported this public policy 99 1 ZONING AND FRANCHISES 2 goal. However, this rezoning will allow uses that 3 will drastically increase the amount of auto traffic 4 in the neighborhood and the amount of auto 5 emissions. 6 Third, big box retail will require 7 large sites and parking lots which will make the 8 streets unfriendly and unsafe for pedestrians, and 9 discourage physical activity among Hunts Point 10 residents. 11 Big box retail is a type of use that 12 is inconsistent with the efforts by the City, 13 through the implementation of the South Bronx 14 Greenway, to improve the streetscape experience for 15 residents in the South Bronx so that physical 16 activity is encouraged and made safe. 17 Fourth, there are a number of 18 manufacturing companies currently located in Hunts 19 Point, and these manufacturers would not be able to 20 pay the rents or land prices that big box retail can 21 pay. Allowing this kind of retail would compete with 22 the interests of local manufacturers, and exacerbate 23 the lack of space for manufacturing, in a City where 24 manufacturing is a precious commodity. 25 Local manufacturing space is 100 1 ZONING AND FRANCHISES 2 identified as a priority of the Hunts Point Vision 3 Plan, and this zoning change is inconsistent with 4 agreed upon goals of that plan. 5 And finally, big box retail generally 6 does not provide the quality of jobs needed in 7 low-income neighborhoods like Hunts Point. These 8 jobs do not offer living wages and they will not 9 help move people out of poverty. Rather, these jobs 10 will ensure that residents remain impoverished. 11 The City of New York has demonstrated 12 its commitment to progressive environmental and 13 social policy, by supporting initiatives such as 14 congestion pricing, the South Bronx Greenway and the 15 Hunts Point Vision Plan. We hope that the City 16 continues this commitment by opposing a policy that 17 would exacerbate existing health and environmental 18 problems in an already overburdened neighborhood, 19 without offering sufficient economic benefits. 20 Therefore, Sustainable South Bronx 21 requests that this Committee and the City Council 22 insist that non-food retail uses over 10,000 square 23 feet not be allowed within the M1-2 district without 24 a special permit. 25 This would be consistent with the 101 1 ZONING AND FRANCHISES 2 regulations governing M1-2 districts elsewhere in 3 the City, where the public interest is served by 4 restricting the ability of big box retail to 5 displace manufacturing companies, and the living 6 wage jobs they provide. 7 It would also be consistent with the 8 Hunts Point Vision Plan and the consensus that that 9 plan represents. 10 Thank you. 11 CHAIRPERSON AVELLA: Thank you. 12 Unless I see anyone else signed up to 13 speak on this item, I will close the public hearing. 14 That is so, so we will move on to the 15 last item, which is the Hudson Square North 16 Rezoning, C070575 ZMM. Application submitted by 627 17 Greenwich, LLC and KMG Greenwich, LLC, for an 18 amendment of the zoning map, changing from an M1-5 19 district, to an M1-5/R7X district, property bounded 20 by Bower Streets and other streets. If we can take 21 the conversations outside so we can move ahead? 22 Thank you. 23 This is a cast of 1,000 here. If they 24 need another chair, we will get you another chair. 25 Before you start, I just want to 102 1 ZONING AND FRANCHISES 2 mention that we have received a number of pieces of 3 testimony that will be submitted into the record 4 that was submitted to my office about this subject. 5 I will ask you to proceed. 6 MS. McMURRY: Good morning. I think 7 it's still morning. Or good afternoon, Chair members 8 of the Committee. My name is Melonie McMurry of 9 Greenberg Traurig. I am here representing the 10 applicant. 11 I'm just going to give a brief 12 background and history of the rezoning in this area. 13 From 2000 to 2002, the Department of 14 City Planning studied a wide area around the 15 neighborhood that they labeled Hudson Square. 16 The neighborhood is on the west side 17 of Manhattan, it runs roughly from Canal Street in 18 the south, to Barrow Street on the north, from the 19 Hudson River, to Hudson Street. A portion of the 20 area shown on this map here. 21 Throughout the 1980s, Hudson Square 22 was dominated by industrial printing businesses. 627 23 Greenwich, our client's building, which is shown 24 here on the map, was part of this history. It was 25 known as the graphic arts building. 103 1 ZONING AND FRANCHISES 2 More recently, however, history shows 3 a shift away from industrial and printing operations 4 and towards commercial office and residential uses. 5 The pressure pushing these changes 6 comes from the continued development of the Hudson 7 River Park, Office Conversions and a large number of 8 BSA variances granted, such as that at Morton 9 Square. 10 Currently there are only two 11 manufacturing businesses left in the district. The 12 La Frieda Meats, who you will hear testify later, 13 and Kopper's Chocolate Factory, who testified in 14 support of a five and a half block rezoning which 15 was considered by the City Planning Commission in 16 April. 17 In 2003, the Department of City 18 Planning proposed to rezone five and a half blocks 19 which are outlined on this map, in light blue, to 20 allow residential use in additional to the existing 21 manufacturing use. 22 The City Planning Commission approved 23 the rezoning. The City Council rejected it. We 24 understood that this was because of concerns about 25 pressure that would be put on the West Village 104 1 ZONING AND FRANCHISES 2 Houses as they exited the Mitchell Lama Program. 3 We believe that once that situation 4 was resolved, the Council would be open to 5 reconsidering the rezoning. 6 And I'll turn it over to my 7 colleague, Jay Segal, who will speak in more detail 8 about this application. 9 MR. SEGAL: Good afternoon, Mr. 10 Chairman, Council members. My name is Jay Segal. I'm 11 also a Land Use Attorney with Greenberg Traurig. As 12 my colleague, Melonie McMurry, just said, in 13 approximately 2005, when we learned that West 14 Village Houses had exited the Mitchell-Lama Program, 15 we began preparing this application. It was 16 certified by City Planning in January of 2008. 17 At the Community Board's hearing in 18 February, we heard that there were concerns about 19 this project, other than the Mitchell-Lama aspects, 20 which had been removed. Those concerns were that a 21 large scale change of use in this area from 22 commercial to residential would cause a significant 23 loss of jobs. And that would put pressure on school 24 seats, and there would be changes to the character 25 of the area. 105 1 ZONING AND FRANCHISES 2 At the City Planning Commission 3 hearing, the same comments were made by a number of 4 speakers. 5 City Planning responded to the 6 community's concerns by drastically reducing the 7 area of the rezoning. You can see that on the map in 8 the maroon lines. What you can see is approximately 9 a block out of the original five and a half blocks. 10 With respect to the major concern as 11 we understood it expressed at the community board 12 and City Planning Commission hearing, jobs, there 13 should no longer be a concern about the loss of any 14 jobs, that our client's site, which is the site in 15 the dark color over here, this is a vacant lot that 16 was used as a parking lot. This is an existing 17 building of 106,000 square feet, which has been 18 totally vacant for nine months and for a year and a 19 quarter before that was only occupied by only one 20 tenant, occupying 4,000 square feet of the 106,000 21 square feet. So, the building has been substantially 22 vacant for approximately two years, and the rezoning 23 which will allow this building to be converted to 24 residential use, and a new building which I will 25 show you in a moment, to be constructed over here, 106 1 ZONING AND FRANCHISES 2 of approximately 44,000 square feet, will not cause 3 the loss of any jobs. 4 The only other site in the rezoning 5 area that is susceptible -- this is the only other 6 site, this building is already residential, the R 7 stands for residential on this map, and this site, 8 La Frieda Meat site, has approximately ten jobs and 9 I believe you will hear testimony from a 10 representative of La Frieda Meats, testifying that 11 whether the rezoning is granted or not, they are 12 planning on relocating for unrelated reasons. 13 And, so, this rezoning shouldn't cost 14 any jobs to be lost in the area. 15 Now, with respect to the character of 16 the area being altered, with such few development 17 sites, and the rest of the area not being rezoned, 18 we don't think that there would be a significant 19 change in the character of the area. The existing 20 building would be converted, so you would have a 21 converted building instead of a vacant building. 22 This is the new building that would 23 be constructed on the 44,000 square feet on a vacant 24 parking lot, which is shorter than the existing 25 buildings, and shorter than the buildings, I think 107 1 ZONING AND FRANCHISES 2 we gave you a handout that also shows an 3 exonometric, that shows you that it's much shorter 4 than the other buildings in the area. 5 With respect to the schools issue, 6 the two buildings, the existing building and the new 7 building would collectively have only approximately 8 60 units, and I don't think that would create a 9 significant amount of pressure on the school system. 10 Now, the other subject that I wanted 11 to speak about for a moment was, we heard some 12 concern on the part of the community members that 13 the reduction of this larger area to a smaller area 14 should be considered spot zoning and thus something 15 that the Council should be concerned about. 16 Well, first, you know, we think that 17 City Planning was correct in concluding that the 18 rezoning is not spot zoning. 19 The New York State Appellate Division 20 instructed that spot zoning is the singling out of 21 the parcel of land for use totally different from 22 that of the surrounding area for the benefit of the 23 owner and to the detriment of neighboring owners. 24 Now, as I show you in a second, that 25 this land is certainly not for use different from 108 1 ZONING AND FRANCHISES 2 that of the surrounding area. 3 Right here is a C1-6 zone. That 4 allows residential use. Here is an R6 zone. Here is 5 another R6 zone, both of which allow residential 6 use. 7 This C1-6 zone comes within 25 feet 8 of the area we're now seeking to rezone. So, there 9 is a gap of only 25 feet, so this is not a question 10 of a parcel totally different from the surrounding 11 area, both in the context of zoning districts and in 12 the context of actual use. Because as you said, in 13 the rezoning areas already are residential use. 14 Adjacent to it is the printing house and residential 15 use. Another residential use here, here, here, here, 16 so this is hardly a situation in which a small spot 17 of a rezoning area has been introduced into an area 18 that otherwise does not have it. 19 If there are any questions, I've 20 finished by direct testimony. 21 CHAIRPERSON AVELLA: Council Member 22 Jackson. 23 COUNCIL MEMBER JACKSON: Good 24 afternoon. 25 MR. SEGAL: Good afternoon. 109 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: Has this 3 matter gone before the community board as of yet? 4 MR. SEGAL: Well, the community board 5 saw the area in blue, and they had concerns. Their 6 concerns, as I recall them, were that they felt that 7 this would change the character of the area, because 8 it would make a large number of buildings in the 9 area susceptible to residential conversions. 10 And they therefore said, the areas 11 appropriate for rezoning, that the contextual 12 rezoning would be a good rezoning, when a rezoning 13 were added, but they didn't like this rezoning 14 because they felt that any conversion to residential 15 use should be done through a special permit, they 16 shouldn't be as of right. 17 They have not commented on the 18 smaller rezoning because City Planning, just to 19 prove that, on June 4th -- 20 COUNCIL MEMBER JACKSON: Is that going 21 back to them for comment? 22 MR. SEGAL: No, it doesn't go back for 23 comment. 24 COUNCIL MEMBER JACKSON: Are you 25 seeking their comment, even though it does not go 110 1 ZONING AND FRANCHISES 2 back for comment? 3 MR. SEGAL: We really haven't gotten 4 the ability to do that. 5 COUNCIL MEMBER JACKSON: Why not? 6 Is anyone stopping you from asking 7 them their opinion? 8 MR. SEGAL: No. I mean, we've spoken 9 to various people, but you're on a -- 10 COUNCIL MEMBER JACKSON: Time frame. I 11 understand that. But still, I understand that, but 12 my question is to them, you're not restricted from 13 communicating with them, are you? 14 MR. SEGAL: Well, I have communicated 15 with individual members, but it was not suggested by 16 those individual members that there was a time or 17 interest in formally going back to the community 18 board and hearing a presentation. 19 The Speaker's Office called us to a 20 meeting two days after City Planning acted at which 21 there were several members of the community board 22 and other interested members of the public, and we 23 showed them what the new rezoning, what the City 24 Planning approved and answered their questions. 25 To be certainly correct, Council 111 1 ZONING AND FRANCHISES 2 Member Jackson, they didn't ask us to come to a 3 meeting of the community board. I think they did it 4 by delegation. 5 COUNCIL MEMBER JACKSON: You believe 6 they did it by delegation -- 7 MR. SEGAL: I believe -- 8 COUNCIL MEMBER JACKSON: -- At that 9 meeting that you had. 10 MR. SEGAL: Yes. 11 COUNCIL MEMBER JACKSON: With the 12 Speaker's Office, her staff and what have you. 13 MR. SEGAL: Yes. And we would be 14 certainly willing to meet with the full community 15 board, had the community board felt that there was 16 enough time, that that was the appropriate way to do 17 it. We would not have objected to that. 18 COUNCIL MEMBER JACKSON: Now, you had 19 indicated that they're going to -- how many units, 20 60 units? 21 MR. SEGAL: Yes, sir. 22 COUNCIL MEMBER JACKSON: And you feel 23 this would not have an impact or significant impact 24 on their educational system in the area? Which one 25 did you use? 112 1 ZONING AND FRANCHISES 2 MR. SEGAL: I used the word 3 significant. 4 COUNCIL MEMBER JACKSON: Significant. 5 MR. SEGAL: I mean, any residential 6 building with even five units would result in 7 another, could result in another student in a 8 school, it has some impact so I used the word 9 significant. 10 COUNCIL MEMBER JACKSON: And this 11 development, how many units are there? 12 MR. SEGAL: There would be a total of 13 60. In the existing building, 43. 14 COUNCIL MEMBER JACKSON: Mm-hmm. 15 MR. SEGAL: And in the new building, 16 approximately 17. 17 COUNCIL MEMBER JACKSON: And will the 18 size of the units increase? For example, are they 19 all studios now? Three bedrooms or four bedrooms, 20 duplexes, which, you know, those type of sizes which 21 encourage family usage? And in essence, have you 22 figured out how many additional children will be in 23 the area, as a result of that? 24 Because let me just say to you, as 25 far as overcrowding in the area, it's a big, big 113 1 ZONING AND FRANCHISES 2 concern of the community. I know that because I've 3 been in the community at meetings, and I've heard 4 parents testify here at hearings. 5 Have you guesstimated or analyzed how 6 many additional children will come to the area as a 7 result of this project? 8 MR. SEGAL: Our environmental 9 consultants did that with respect to the larger 10 area. 11 COUNCIL MEMBER JACKSON: When you say 12 larger area? 13 MR. SEGAL: Yes, the blue area. 14 COUNCIL MEMBER JACKSON: Okay, go 15 ahead. 16 MR. SEGAL: Because up until June 4th, 17 that was the area that had been proposed, and this 18 was an action that took us by surprise, at the 19 smaller area, and we hadn't done that. 20 And I will communicate with you in 21 writing through the Counsel, that number, I don't 22 have it in front of me. But we definitely did, and 23 we had an absolute number for this whole area. 24 COUNCIL MEMBER JACKSON: Do we have it 25 for the large area? 114 1 ZONING AND FRANCHISES 2 MR. SEGAL: Yes, we have it for the 3 large area. 4 COUNCIL MEMBER JACKSON: What was it? 5 MR. SEGAL: I'm sorry. 6 COUNCIL MEMBER JACKSON: You don't 7 have it with you at the moment? 8 MR. SEGAL: No, I don't. 9 COUNCIL MEMBER JACKSON: Okay. 10 MR. SEGAL: I guess in the last two 11 weeks, I've focused so much on this area, that I 12 didn't bring my materials for the larger area. 13 But I will send an e-mail to our 14 Council staff this afternoon, and give it to them. 15 COUNCIL MEMBER JACKSON: Okay, good. 16 Thank you, Mr. Chair. 17 CHAIRPERSON AVELLA: Thank you. 18 MR. SEGAL: We had something -- 19 CHAIRPERSON AVELLA: I thought your 20 presentation was -- 21 MR. SEGAL:-- That was of slightly 22 different subject matter than what I presented, and 23 I thought maybe we'd interrupt for a minute and hear 24 if people had questions for me. 25 Push the red button. 115 1 ZONING AND FRANCHISES 2 MR. GRANOWSKY: My name is Eric 3 Granowski. I'm a member of the partnerships that own 4 these two properties. Jay wanted me to give a little 5 color to the vacancy that exists at 627 Greenwich 6 Street today. 7 We purchased this building, closed on 8 it in February of 2005. At that time the property 9 was one-third vacant approximately, with another 10 third occupied by Enterprise Press, who was the 11 seller. Enterprise Press was intending to vacate at 12 the time of the sale. 13 So, within 12 to 14 months of our 14 purchase of the property, the property was only 15 one-third occupied, mostly by small printing related 16 tenants, who had done business with enterprise 17 press. 18 Many of those tenants were in 19 financial distress at the time because they had been 20 subsidized to some degree by enterprise and did a 21 lot of bartering against the rents. 22 Going back two years ago, there were 23 only three tenants remaining in the property, 24 immigration law firm which occupied the top floor of 25 the building, a printing-related company occupied 116 1 ZONING AND FRANCHISES 2 4,000 feet, and a dress design firm also 3 approximately 10,000 square feet. 4 All of those firms independently had 5 expressed to us an interest in moving to different 6 locations for different reasons. 7 The immigration law firm was not a 8 particularly compatible use with the industrial 9 character, like the building had been, so his 10 clientele and the elevators with the other clientele 11 was not particularly a good match, and he was 12 interested in moving to SoHo where his residence was 13 in New York City. 14 He found a location and came to us 15 asking if we would contribute to his relocation 16 expenses, in exchange for his earlier vacature and 17 we agreed. 18 The dress design firm subsequently 19 moved to South Hampton, New York, which also was 20 their interest, and based on a very similar type of 21 deal, where we helped them with the relocation cost 22 of their business, and they happily vacated prior to 23 their lease expiration. 24 The final tenant was in the dilemma 25 that he was no longer able to afford rents he 117 1 ZONING AND FRANCHISES 2 thought anywhere in Manhattan, and was unable to 3 cover the cost of the rigging expenses that were 4 involved in moving his equipment. 5 You know, for him we told him that if 6 there was a suitable location that would allow him 7 to stay in business, we would be receptive to 8 helping him relocate to that space. 9 And approximately a year ago now we 10 found a location on 11th Avenue in the West 40s, and 11 we similarly assisted him with his expenses to move 12 and build out space and even subsidized to some 13 degree his rent at the new location. 14 So, as Jay pointed out, the building 15 now has been vacant for just shy of a year. 16 CHAIRPERSON AVELLA: Thank you. 17 MR. GRANOWSKY: Thank you. 18 CHAIRPERSON AVELLA: We have a number 19 of speakers signed up on both in favor and 20 opposition. 21 We have in support, Eric Palatnik and 22 Patricia McGuire, and Bert Miller? That was you, 23 okay. 24 MR. PALATNIK: Good afternoon, members 25 of the Council. My name is Eric Palatnik, and I'm an 118 1 ZONING AND FRANCHISES 2 attorney. I'm representing La Frieda Meats, which if 3 I just may stand up here and point, that property 4 right there. It's at the corner of Leroy and 5 Washington Street. And the reason that I came today 6 to testify to your Council, to your Committee, on 7 why this is so important to La Frieda Meats, the 8 rezoning, is because La Frieda Meats is actually a 9 true manufacturing use within this rezoning 10 district. They are an M use. They are a slaughter 11 house. They butcher meat there. They're actually a 12 very exciting meat company, if you're not familiar 13 with them. They actually produce, all of the top 14 steak houses around the country give them their 15 recipes and they cure the meat on their property and 16 then ship them out all over the country. So, they're 17 nationally recognized, and they're the last of what 18 was once a thriving industry in the area, they are 19 the last established business operating there. 20 The reason we're supporting the 21 rezoning is because La Frieda Meats, which is a true 22 manufacturing use, which is what the property is 23 zoned for, can no longer operate there because of 24 what has occurred in the surrounding community. I 25 heard the Councilman's questions with regards to 119 1 ZONING AND FRANCHISES 2 schools and how many children are coming, and how 3 the neighbors are concerned in the community, and 4 the reason the neighbors are concerned is because 5 there is a lot of residential around us and with 6 that residential around manufacturing uses, comes 7 the interaction of child strollers and cars and 8 trucks and machinery, and the two cannot operate. 9 La Frieda is in an active search for 10 manufacturing zoned property all over the City, 11 looking for a place where they can operate, free 12 from the intrusion of the residential encroachment 13 that is occurring already around the property. 14 At the last hearing at the City 15 Planning Commission, we were there with Copper 16 Chocolates both testifying in support of the 17 rezoning. And, again, our testimony to the City 18 Planning Commission, was the same that we can no 19 longer operate within this manufacturing zoning 20 district. 21 As Mr. Segal has stated, no matter 22 what occurs in this relatively small rezoning, the 23 jobs that are at La Frieda Meats and La Frieda 24 itself will be gone within, if not this year, if the 25 rezoning doesn't occur, but within two to three 120 1 ZONING AND FRANCHISES 2 years. But it's a certainty, they can no longer 3 operate in the West Village. It's just not a true 4 manufacturing area. 5 Another thing that I would add to is 6 that as the people come up to speak to you about why 7 they're opposed to the rezoning, you should be aware 8 that they're suffering from the same problems that I 9 know that the Councilman is familiar with all over 10 the City, which is the hotels. And you should ask 11 them about the hotels that are proliferating in 12 their community, and how they're opposing those. 13 The reason the hotels are 14 proliferating is because the true manufacturing uses 15 can no longer operate like La Frieda, that leaves 16 their available buyers who can purchase their 17 property to a limited pool, and the only people that 18 really can purchase the property and the people that 19 have been looking at La Frieda property in 20 particular, are hotel developers. 21 La Frieda is a family business, has 22 strong ties in the community. They have heard the 23 concerns in the community and they don't want to 24 sell to a hotel, and it's not their intention, and 25 they're going to hold out from selling to a hotel as 121 1 ZONING AND FRANCHISES 2 long as they possibly can. But so long as the 3 property is zoned manufacturing, there have been no 4 other true active manufacturing buyers -- if I just 5 may have a few more seconds -- there have been no 6 active manufacturing buyers that have come to look 7 at La Frieda's property to utilize the property for 8 manufacturing use. 9 So, the probable alternative, when 10 they do redevelop the property, will become a hotel 11 unless this rezoning is passed. 12 Thank you. 13 CHAIRPERSON AVELLA: Before we take 14 your testimony, another person has signed up to 15 speak in favor. I would like to call him up to sit 16 on the panel, as well. Barnet Liberman. 17 MS. McGUIRE: Okay. As you can see, 18 I'm not an experienced testifier. Good afternoon to 19 you all. My name is Patricia McGuire. I live on 20 Barrow Street, and I have lived in the Village for 21 over 40 years, and I've been on Barrow Street for 25 22 years. I raised three children in the neighborhood, 23 am extremely active in the community, I'm on the 24 Board of Greenwich House, the governing board of 25 First Presbyterian Church. 122 1 ZONING AND FRANCHISES 2 When we moved to the neighborhood, 3 the West Village was a very scary place. There were 4 a lot of buildings that were dark at night. The 5 riverfront was scary, and we were very, very happy 6 and still are to see residents moving into that 7 area. Children included. They bring life, vitality 8 and a future to the area. And I'm in favor of this 9 because it will help promote residential development 10 in an area that has benefitted greatly from it. 11 And I am also concerned about the 12 height of some of the new buildings that have been 13 put up over near the river. My neighbors and I have 14 watched this with a lot of concern. 15 So, anything that would help to 16 restrict the height of the new construction in the 17 area would be something we would like to see very 18 much. 19 That's the end of my testimony. 20 MR. LIBERMAN: I'm Barnet Liberman. 21 I'd first like to offer a mia culpa because 33 years 22 ago this Thursday I signed a contract to buy 421 23 Hudson Street, where I think you were a tenant for 24 awhile, and I began the -- by that effort, started 25 the dynamic change of the southwest Village to a 123 1 ZONING AND FRANCHISES 2 residential neighborhood. 3 At that time there were over, sorry 4 close to a million three-hundred thousand square 5 feet of vacant manufacturing space in the district. 6 This was 1975, not a very good time for New Yorkers. 7 Some of you were old enough to remember. But I went 8 ahead and converted that building to 180 apartments. 9 I'm guilty of contributing five 10 children to the area's density of children. I have 11 four daughters and then the young sultan. I have 12 presided over, well I don't know presided over, but 13 in my building where I live at 421 Hudson Street 14 Printing House, since the completion of the building 15 1979, I don't have an exact count, because I wasn't 16 present all the time, but I think there have been 17 370 conceptions and births as a result, so I'm 18 guilty of contributing to the increase and use of 19 the schools. 20 However, we have a slow turnover in 21 our building and I will say that, when you look at 22 the increase in demand on schools, people who live 23 in Greenwich Village spend their lifetime there. 24 There isn't -- when we build family size apartments, 25 people stay there and they entertain their families 124 1 ZONING AND FRANCHISES 2 as they grow, and people come back. And so that 3 while for a short period, you know, from grades one 4 to eight, there may be a demand on the school. The 5 people who live there beyond that time, beyond their 6 children attending public schools, don't put a 7 demand on those facilities and increase the tax base 8 without increasing the cost of operating the City, 9 you know, they're not a burden on the City's budget 10 in that respect. 11 I employ at that site about 130 12 people. I have a fitness center of 30,000 square 13 feet. I have over 5,000 people in the community who 14 are members, active members of the community, and I 15 think that the use proposed here in this rezoning is 16 appropriate. 17 There are no more manufacturing. I 18 mean it's a fallacy. The neighborhood has been 19 changing the demands, the economics have been 20 changed in it to make the argument that you're going 21 to preserve the balance of manufacturing, 22 residential is a specious argument. 23 We have great employment. We have a 24 great residential neighborhood, the parks are well 25 used. The facility of 421 Hudson Street boasts the 125 1 ZONING AND FRANCHISES 2 largest privately owned solar heating system in the 3 northeast where it's sustainable, and we believe 4 that an addition of 60 units to the neighborhood 5 will be a real advantage and the highest and best 6 use and a safe use for that parking. The parking 7 that exists there now. There is a lot of backing in 8 and, you know, I've seen almost accidents happening 9 with the residents that we have in our building, and 10 I just wanted to fully support the use of that 11 property as residential. 12 A hotel would increase, which 13 understand from the testimony about the South Bronx, 14 an M1 district, a hotel use which might be two- or 15 three-hundred rooms, I'm not sure, would be an 16 adverse change to the profile of the neighborhood. 17 I'm there 33 years, I can answer any 18 questions about the neighborhood. 19 CHAIRPERSON AVELLA: Council Member 20 Jackson. 21 COUNCIL MEMBER JACKSON: How many 22 residents live in the neighborhood? 23 MR. LIBERMAN: Live in the 24 neighborhood? I can only attest to the ones in the 25 neighborhood -- 126 1 ZONING AND FRANCHISES 2 COUNCIL MEMBER JACKSON: Well, you 3 said after 31 years you can answer any question 4 about the residential neighborhood. 5 Don't answer it. That's okay. I was 6 just joking. I'm joking, sir. 7 MR. LIBERMAN: All right. 8 I have the information actually from 9 my fitness center. We do surveys at the fitness 10 center, it's about 30,000 within five blocks. 11 CHAIRPERSON AVELLA: Thank you. Thank 12 you. 13 Before we move to the speakers in 14 opposition, I'd like to call the applicant back. 15 The issue has been -- you all don't 16 have to come back. 17 The issue has been raised about a 18 hotel. For the record, if you didn't get, if the 19 applicant didn't get permission to do the rezoning, 20 what are the options to build? 21 MR. SEGAL: Do you mind if I did call 22 back the owner? Because my job is to try to get the 23 residential zoning approved. He has the options. 24 MR. MILLER: Good afternoon. My name 25 is Burt Miller. I'm one of the four partners that 127 1 ZONING AND FRANCHISES 2 are the applicant. 3 When we brought the property in early 4 2005, prior to doing so, we had done what we thought 5 was a lot of research to understand the 2003 6 application, why it didn't go through. We met with a 7 number of different Land Use firms, who all felt 8 that it was a good use, it was a best thing for the 9 neighborhood. 10 We've owned the building in the site 11 for a little over four years, and during that time 12 we have repeatedly been approached by real estate 13 brokers and hotel operators to have us sell them the 14 site in lieu of our hopes to build a couple of 15 condominiums there. And we have repeatedly said no, 16 because it's not our intention, it's not our desire, 17 and we didn't think it was the best for the 18 community, the environment and the City. 19 If we are not to build condominiums, 20 which clearly is our first choice, the only viable 21 alternative for us is to build a hotel, or two 22 hotels. We've done some research at the request of 23 Jay's office, which I think came out of City 24 Planning's request, and the hotel that we could 25 build would have or could have as many as 375 rooms, 128 1 ZONING AND FRANCHISES 2 or you could do 220 rooms in one building and a 3 small boutique hotel of about 75 or 80 in the other. 4 It's not what we want to do, but if we have no other 5 choice, then that's what we will have to do. 6 Also, I would also like to add, I 7 think the current zoning does not have any height 8 restrictions. I think someone was talking about 9 height restrictions before. Current zoning I believe 10 does not have any height restrictions, other than 11 setbacks that the DOB requires, and I understand 12 that the rezoning that we're applying for would have 13 height restrictions. 14 Thank you very much. 15 CHAIRPERSON AVELLA: I'm going to be 16 calling up two panels of opposition. First we'll 17 start with Matt Borden from Assembly Member Glick; 18 Andrew Berman from the Greenwich Village Society for 19 Historic Preservation, Albert Bennett from Community 20 Board 2, and Jennifer Barrett from the New York 21 Industrial Retention Network, and then we'll have 22 one more panel after this. 23 MR. BORDEN: Thank you very much. My 24 name is Matt Borden. I am from Assemblymember 25 Deborah Glick's Office, and will be reading 129 1 ZONING AND FRANCHISES 2 testimony on this rezoning. 3 As the Assemblymember representing 4 the Village, I would like to express my continued 5 opposition to the proposed rezoning of the Far West 6 Village, that would change an area currently zoned 7 as M1-5 to M1-5 with an R7X overlay. 8 This past April I testified before 9 the City Planning Commission to express my concern 10 that a rezoning of five blocks in this neighborhood 11 would open the door to a rush of inappropriate 12 development that would strain neighborhood resources 13 and burden manufacturing businesses that have made 14 this neighborhood their home. 15 I also urge the CPC to undertake a 16 comprehensive and thoughtful planning for this 17 neighborhood, instead of allowing developers to rush 18 this process. 19 Today the City Council will also 20 consider a narrow CPC proposal that would rezone 21 only one block in this neighborhood and primarily 22 benefit one developer. 23 Specifically the developer who 24 submitted the original rezoning proposal owns four 25 of the seven and a half lots included in the CPC's 130 1 ZONING AND FRANCHISES 2 current recommendations. 3 And I think our office has a 4 different interpretation of the zoning laws than Mr. 5 Segal, because according to the New York City Zoning 6 Handbook, a zoning change which would enrich one or 7 more property owners in the absence of a direct 8 relationship to public policy and objectives could 9 be challenged, such inappropriate actions are often 10 found by the courts to be spot zoning and illegal. 11 The spot rezoning that you're 12 considering today is so small, it may be better 13 described as spec rezoning. It's not even large 14 enough to be considered a spot. It's a spec. 15 Piecemeal zoning of a neighborhood is 16 ill-advised public policy. CPC should engage in 17 comprehensive planning and zoning for this 18 neighborhood that includes the zoning districts to 19 the immediate south and takes into account the 20 neighborhood's current unmet needs. 21 For example, when making zoning 22 decisions, CPC should keep in mind that, as 23 Councilman Jackson pointed out, class sizes in this 24 district are among the highest in this City, 25 accordingly CPC should not act to encourage or 131 1 ZONING AND FRANCHISES 2 enable an influx of residential development until it 3 is certain that the infrastructure is in place to 4 handle the needs of current and future residents. 5 In short, examining a small set of 6 blocks without considering them in a larger context 7 may encourage more residential development, but it 8 doesn't encourage smart development. 9 This proposed rezoning is 10 inappropriate and I urge the City Council to reject 11 it. 12 The Council must ensure that the 13 zoning is used as a planning tool to encourage 14 positive transformation to neighborhoods, not to 15 transform small portions of neighborhoods and 16 benefit just a few owners. 17 Therefore, I strongly encourage the 18 City Council to disapprove this application, and 19 insist that CPC undertake a comprehensive planning 20 for the entire neighborhood. 21 MR. BERMAN: Thank you. Good 22 afternoon, Council members. My name is Andrew 23 Berman. I'm the Executive Director of the Greenwich 24 Village Society for Historic Preservation. GVSHP is 25 the largest membership organization in Greenwich 132 1 ZONING AND FRANCHISES 2 Village in the East Village and we work to preserve 3 the special character of these neighborhoods. 4 We oppose the proposed rezoning and 5 urge you to turn it down. 6 Multiple community board and City 7 Planning Commission public hearings have shown that 8 there is very little support in the surrounding 9 community for and in fact considerable opposition to 10 this unneeded and unwanted rezoning. 11 It is being driven by a single 12 developer and yet it could have a broader effect 13 upon a much larger area. 14 We believe that the rezoning, if 15 enacted, would encourage development of an 16 inappropriate scale directly adjacent to the 17 Greenwich Village Historic District. 18 We also believe that it would have 19 the affect of pushing out existing businesses which 20 are thriving under the current zoning and change 21 what is now an otherwise welcomed balance of uses in 22 the neighborhood. 23 As we see it, there is no need for 24 this rezoning at this time, no benefit that will be 25 brought to the community but the potential for harm 133 1 ZONING AND FRANCHISES 2 to businesses and neighbors. 3 Earlier this month the City Planning 4 Commission approved the proposed rezoning in a 5 modified form, while the adjustments reduce the area 6 covered, it creates some new problems. 7 The narrow scope of the proposed 8 rezoning would seem to be very close to spot zoning 9 and seems to be closely tailored to reward the 10 interests of a single developer, rather than 11 designed as a rational and comprehensive planning 12 tool as a rezoning should be. 13 For nearly two years, the Greenwich 14 Village Society for Historic Preservation, and a 15 multitude of local community groups have been 16 calling for a rezoning of the M1-6 district directly 17 to the south of this district. 18 Unlike the M1-5 zone being proposed 19 for rezoning, the neighboring M1-6 zone allows up to 20 12 FAR as of right, including the notorious 25-story 21 Trump SoHo condo hotel under construction. 22 Thus, unlike the M1-5 zone, many in 23 the community see a great need for change to this 24 neighboring zoning district. However, we have seen 25 no movement on this community requested rezoning 134 1 ZONING AND FRANCHISES 2 while this developer requested rezoning, which faces 3 stiff opposition for many of its neighbors has 4 advanced quickly. 5 It would seem particularly unfair and 6 inappropriate if this largely unwanted 7 developer-driven spot-specific rezoning moved ahead 8 while a badly needed community requested rezoning 9 for the area directly to the south continued to be 10 ignored by the City. 11 Just a couple of very quick points. 12 The area in question has been referred to in the 13 press of late as "celluloid square," because of the 14 influx and concentration of film businesses in the 15 neighborhood. It should be noted that the proposed 16 rezoning would not preclude hotel uses, it would 17 only allow the addition of as of right residential 18 uses. And I would also mention that in terms of the 19 issue of height, we'd gladly have a conversation 20 with City Planning about a contextual M zone for the 21 neighborhood, but that has not been put on the 22 table. 23 And thus, in closing I urge the 24 Zoning and Franchises Subcommittee to reject the 25 proposed Hudson Square North rezoning. 135 1 ZONING AND FRANCHISES 2 Thank you. 3 MR. BENNETT: Good afternoon, Council 4 members. My name is Albert Bennett. I am 5 representing Community Board 2, Manhattan. Actually, 6 Mr. Segal did a very good job of listing our 7 objections, which continue. I merely want to put the 8 Community Board on record this afternoon as being 9 strongly opposed to this proposal. 10 I also would like to have a few notes 11 of my own. As I'm not, certainly not a zoning maven, 12 but I do know that if you add an R to an M, you 13 create an entirely different neighborhood. 14 I've lived on Morton. Morton Street 15 is the northern boundary of this proposal, I've 16 lived there for nearly 53 years, and I've seen the 17 development of what was a remarkable, a remarkably 18 efficient mixed use neighborhood, created what we 19 like to call a delicate balance, which I fear this 20 proposal would destroy. 21 We have a balance between 22 manufacturing and commercial and residential. And 23 certainly representing the Morton Street Block 24 Association, as I do as their community liaison, the 25 450 households, the gentleman asked for a number, 136 1 ZONING AND FRANCHISES 2 I'm not certain of the total number of residents, 3 but the 450 households that we represent are very 4 much in opposition to this proposal. 5 Way of life changes are what you are 6 concerned about. I know that in the testimony that 7 you have received and in future testimony that will 8 be sent to you, these are addressed in considerable 9 detail. I will not go into them. 10 I'm glad to hear Andrew mentioned 11 that. 12 The traditional, the wonderful 13 printing district, the graphic arts district which 14 was actually once proposed as an historic district, 15 is gradually being replaced by the film industry. As 16 a long-time member of the Screen Actors Guild, I'm 17 very glad to see that, of course. 18 I do not see how this proposal 19 relates to this new change. May I ask a question? 20 It's a very simple one. You stated that there will 21 be no vote today, and would you say again what the 22 date of the vote is? 23 CHAIRPERSON AVELLA: 25th of June. 24 MR. BENNETT: 25th of June? 25 CHAIRPERSON AVELLA: The vote is being 137 1 ZONING AND FRANCHISES 2 laid over til the 25th of June at 9:45 in this room. 3 MR. BENNETT: And there will be no 4 public testimony? 5 CHAIRPERSON AVELLA: Correct. This is 6 the only public hearing that will be held on this 7 matter before the City Council. 8 MR. BENNETT: Thank you very much. 9 I have a lot more to say but thank 10 you. 11 CHAIRPERSON AVELLA: Thank you. 12 MS. BARRETT: Good afternoon, Council 13 Members, and thank you for this opportunity. 14 My name is Jennifer Barrett, and I am 15 the Research and Policy Associate for the New York 16 Industrial Retention Network. 17 NYIRN is a Citywide Economic 18 Development Organization that works to promote 19 economic diversity by supporting manufacturing and 20 sustainable development. 21 NYIRN opposes the current rezoning 22 application. Rezoning is a spot zoning that rewards 23 the site's developer for warehousing usable class B 24 office space and light manufacturing space, and 25 would be destabilize the balance of a truly mixed 138 1 ZONING AND FRANCHISES 2 use neighborhood that provides space for a variety 3 of media and arts-related businesses. 4 Although the rezoning has been 5 modified to remove several buildings used for light 6 production space, the current application still sets 7 a dangerous precedent. 8 It rewards the site's developer for 9 warehousing more than 100,000 square feet of 10 formerly occupied space at 627 Greenwich Street, a 11 building noted in the City Planning Commission 12 report as vacant, although its tenants were not 13 maintained in anticipation of a rezoning. 14 It would also enable residential 15 development as of right on lots which could continue 16 to operate for light manufacturing, and light 17 production. 18 In total, the proposed rezoning would 19 eliminate 125,000 square feet, or space for 300 jobs 20 at a very conservative estimate of one job per 400 21 square feet. This figure does not include the 22 potential for additional space that could be built 23 on the developer's site in place of the proposed 24 residential building. 25 The rezoning proposal proposed herein 139 1 ZONING AND FRANCHISES 2 would further a trend in the area that has created 3 great instability for businesses, further pushing 4 the neighborhood towards residential and eliminating 5 necessary and valuable space for light production 6 and office. 7 As prior rezonings have demonstrated, 8 when residential zoning is added to an M zoning, 9 uses allowed in M zones are displaced. 10 NYIRN's data collection in the Hudson 11 Square North area has shown that there is a dire 12 need for the type of light production space found in 13 the area, and many of the businesses located in 14 Hudson Square North have been pushed from other 15 neighborhoods in the City. 16 When NYIRN surveyed the five-square 17 block area in the original zoning application, we 18 identified more than 1.1 million square feet of 19 production and class B office space, housing 20 approximately 90 businesses employing more than 21 2,000 people. And I've attached a table that gives 22 you the breakdown of these figures. 23 These businesses and innovative and 24 dynamic and many are looking for opportunities to 25 grow. Furthermore, they are important to this City's 140 1 ZONING AND FRANCHISES 2 arts-related sector such as film production studios. 3 However, in order to continue to 4 operate, they are dependent on some measure of real 5 estate stability and some assurance that they will 6 not be evicted for speculation or residential 7 conversion. 8 The rezoning of the Hudson Square 9 area must also be considered in the context in the 10 dramatic loss of industrial space in Manhattan and 11 Citywide. 12 Since 2001 alone, 6.9 million square 13 feet or 11 percent of manufacturing space in 14 Manhattan has been rezoned. 15 This number does not account for BSA 16 variances that resulted in a significant amount of 17 industrial space loss on a site-by-site basis. 18 In the original Hudson Square 19 rezoning area alone, BSA variances allowed for the 20 development of more than 600 residential units on M 21 zone parcels. 22 In addition to the immediate job 23 loss, even a small MX zone such as the one proposed 24 here will trigger future business displacement by 25 allowing for speculation in anticipation of later 141 1 ZONING AND FRANCHISES 2 rezonings. 3 Second, a zoning change will 4 inevitably cause secondary displacement of jobs in 5 the large M1 and M2 district to the south of this 6 area. 7 Finally, the disappearance of jobs 8 will impact the retail businesses that rely on 9 hundreds of people who work in the area, and who use 10 their services daily. 11 We urge the Council to think about 12 the cumulative effect of the proposed rezoning both 13 immediately and in the future, one that would upset 14 the current balances of uses, would reward real 15 estate speculation and would threaten the economic 16 viability and stability of the businesses that exist 17 there now. 18 Thank you. 19 CHAIRPERSON AVELLA: Thank you. 20 We have one more panel in 21 opposition. Jeffrey Alexander and Stewart 22 Beckerman. 23 MR. BECKERMAN: Good afternoon, 24 Council Members. My name is Stewart Beckerman. I'm 25 from the law office of Slater and Beckerman, and we 142 1 ZONING AND FRANCHISES 2 represent the owner of 39 Clarkson Street, who is 3 with me. Jeffrey Alexander and his family own 4 Kopper's Chocolates, which is the, at this point is 5 probably the only true manufacturing use left in the 6 neighborhood. 7 We're in an awkward position. Even 8 though we, on our appearance cards, indicated that 9 we are opposed, we are not opposed. What we opposed 10 was what City Planning did, which was reduce the 11 boundaries of the rezoning area, and what we're 12 asking for, and I'll explain after Jeffrey 13 testifies, is an extension, an expansion, a 14 re-inclusion of some of the properties within the 15 rezoning area. 16 I just want to just make one point 17 and that is what Eric Palatnik and what Mr. Liberman 18 said applies to us. I mean, what they're talking 19 about is the difficulty of these businesses, 20 manufacturing businesses to operate because of the 21 increased intrusion of residential uses. That is our 22 predicament and that is why we were asking for the 23 flexibility that the mixed use zoning will give us. 24 I'd like for Jeffrey Alexander to 25 give his testimony, and then I'd like an opportunity 143 1 ZONING AND FRANCHISES 2 to expand on what he says. 3 MR. ALEXANDER: Basically all I wanted 4 to explain was how the City Council could expand the 5 boundaries of the district to include 39 Clarkson 6 Street without adding any of the office uses that I 7 know City Planning was concerned about. 8 Basically there is the Printing House 9 Condominium, which Mr. Liberman developed, which is 10 as a result of a residential variance in 1976, I 11 believe, and which occupies the entire block front, 12 the western block front of Hudson Street, between 13 Leroy and Clarkson Street, and I think it's about 14 125 feet deep. 15 I would suggest extending the 16 boundary down along there and then cut, you know, 17 make a western turn along Clarkson Street to 18 encompass 39 Clarkson Street, and then there is 19 another property, 603 Greenwich Street, which is on 20 the northeast corner of Clarkson and Greenwich 21 Streets, which received a Board of Standards and 22 Appeals variance I think about five years ago. 23 And it would be done in such a way so 24 that I believe it's contiguous with the reduced 25 rezoning area that was approved by City Planning, 144 1 ZONING AND FRANCHISES 2 and it will leave out the office uses that City 3 Planning is concerned about. And some of the other 4 witnesses expressed concern about. 5 But I really would like Mr. Alexander 6 to give his testimony because I think it's important 7 for the Council to hear what he has been through and 8 why it's important that his concerns be addressed. 9 MR. ALEXANDER: Hello. My name is Jeff 10 Alexander. I am a Vice President at Kopper's 11 Chocolate, which occupies the entire building 12 located at 39 Clarkson Street, and am the owner of 13 the building with my family. 14 Kopper's is a family-owned business 15 that has been locate in the West Village since 1937, 16 and we have owned this particular building for well 17 over a quarter century. 18 We employ 40 to 50 people, between 19 spouses, grown children, extended family and close 20 friends, represent hundreds of people in New York 21 City who are concerned about the situation I'm about 22 to discuss. 23 By way of background, Kopper's 24 Manufactures some of the world's highest-quality 25 gourmet chocolates. I even have a sample for you to 145 1 ZONING AND FRANCHISES 2 test and verify. 3 And Kopper's has invented many, if 4 not most of the pan chocolate drajeas (phonetic) the 5 world enjoys today, such as chocolate-covered 6 espresso beans and my grandfather even showed the 7 Mars's family how to make M&Ms before M&Ms. We 8 produce over 450 kinds of gourmet chocolates. 9 On June 4th, the City Planning 10 Commission approved the Hudson Square North rezoning 11 with modifications that protect the applicant's 12 property and a few others. 13 Irrationally, we feel the Commission 14 modified the rezoning to remove many residential 15 buildings, and inexplicably cut out the property 16 south of Leroy Street, including 39 Clarkson Street. 17 We respectfully request the City 18 Council modify the rezoning to reinclude the 19 Kopper's building. 20 Kopper's wants to maintain its 21 operations at 39 Clarkson Street. For seven decades 22 we've prospered here. If we can, we want to stay for 23 many more years. 24 The mixed use M1-5 that was 25 originally proposed would give us options. Kopper's 146 1 ZONING AND FRANCHISES 2 would be able to continue its operations in 3 accordance with regulations of the underlining M1-5 4 manufacturing district. But if Kopper's can no 5 longer operate at this location, it can convert to 6 residential use, just as our neighbors have and will 7 be doing. 8 The City claims to care about small 9 manufacturing businesses like us, but its conduct 10 suggests otherwise. 11 Kopper's is literally sandwiched 12 between two residential conversions that were 13 allowed by zoning variances granted by the Board of 14 Standards and Appeals. 15 Prior to the BSA granting the 16 variance for 603 Greenwich Street, Kopper has 17 retained counsel and opposed the variance in 18 proceedings before the BSA, and argued that a 19 variance would have an adverse affect on Kopper's 20 operations. 21 Nevertheless, the DSE (phonetic) 22 granted the variance stating while there are some 23 commercial uses within the area surrounding the 24 subject site, the area is characterized by few 25 manufacturing uses. 147 1 ZONING AND FRANCHISES 2 As a result of the increasingly 3 residential character of the neighborhood, Kopper's 4 is finding it near impossible to function here. It 5 has become increasingly difficult for us to get 6 ingredients in or goods out from our loading dock. 7 Residents cavalierly park on our 8 street, and in our loading zone. They treat this 9 area as residential. The Police Department has been 10 ticketing trucks during the course of deliveries and 11 pick-ups, and now truckers refuse to come into our 12 area to deliver anymore. 13 Residential neighbors complain of 14 noises and smells, the DPA was just called last 15 month because one of our next door neighbors 16 complained that it smelled like chocolate. 17 Just a few months ago, the Department 18 of Transportation created a bike lane on Clarkson 19 Street, creating a new potential obstacle for our 20 operations. 21 In summary, the damage is largely 22 done, and the area is essentially residential 23 already. 24 The City Council should remodify the 25 rezoning area to include 39 Clarkson Street. 148 1 ZONING AND FRANCHISES 2 Having suffered the damages from all 3 this rezoning and variances, Kopper's should be 4 given the benefit of flexibility if it is forced to 5 leave its operations. 6 If Kopper's is forced to move out and 7 the zoning is not changed, there is no assurance 8 that Kopper's will be able to get a residential 9 variance, and it isn't likely that any other 10 manufacturer will want to buy the property. 11 Thank you very much. 12 CHAIRPERSON AVELLA: Thank you. And we 13 certainly hear the issues that you've raised, and a 14 lot of us agree with you on the overall policy 15 issues, that the City fails to take care of 16 businesses such as yourselves. 17 Whether or not your request can be 18 accommodated is another matter. 19 But I certainly would, you know, hold 20 the door open if you want to have subsequent 21 conversations. 22 MR. ALEXANDER: I appreciate that. 23 Thank you. 24 CHAIRPERSON AVELLA: I see no one else 25 signed up to speak on this item. I will close the 149 1 ZONING AND FRANCHISES 2 public hearing, and the vote, as well as the other 3 votes on the other items, will be laid over til June 4 25th. 5 This meeting, I am recessing this 6 meeting to June 25th. 7 (Hearing recessed at 12:50 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 150 1 2 CERTIFICATION 3 4 5 STATE OF NEW YORK ) 6 COUNTY OF NEW YORK ) 7 8 9 I, CINDY MILLELOT, a Certified 10 Shorthand Reporter, do hereby certify that the 11 foregoing is a true and accurate transcript of the 12 within proceeding. 13 I further certify that I am not 14 related to any of the parties to this action by 15 blood or marriage, and that I am in no way 16 interested in the outcome of this matter. 17 IN WITNESS WHEREOF, I have hereunto 18 set my hand this 17th day of June 2008. 19 20 21 22 23 --------------------- 24 CINDY MILLELOT, CSR. 25 151 1 2 C E R T I F I C A T I O N 3 4 5 6 7 8 9 I, CINDY MILLELOT, a Certified Shorthand 10 Reporter and a Notary Public in and for the State of 11 New York, do hereby certify the aforesaid to be a 12 true and accurate copy of the transcription of the 13 audio tapes of this hearing. 14 15 16 17 18 19 20 21 22 23 24 ----------------------- CINDY MILLELOT, CSR. 25