http://downtownexpress.com/de_215/cb1oksluxury.html
C.B. 1 OKs luxury tower on West with conditions
By Skye H. McFarlane
The 50 West St. tower can rise to 63 stories, so long as a good chunk of the windfall lands squarely within Community Board 1 and the Greenwich South neighborhood, the board said Tuesday night.
Board 1 essentially yellow-lighted the proposed hotel and condominium. The board voted to approve the glassy tower’s two land-use actions, but only if the developer and the city fulfill a laundry list of 13 wide-ranging conditions.
To mitigate the impact of 150 hotel rooms and 300 apartments filled with new, wealthy residents, the community is insisting that the developer, Time Equities, fulfill its promises to provide a public art gallery within the building, as well as a laptop program for I.S. 89.
In addition, the community stressed in its five-page resolution that Time Equities must build affordable housing Downtown, overhaul two small neighborhood parks and facilitate the construction of a pedestrian bridge over West St. The developer must also conduct its demolition and construction work using the safest, greenest and least disruptive techniques available.
The board’s most stringent requirement, however, addresses the city. Because one of the land-use actions would allow Time Equities to purchase 180,000 square feet of air rights from over the Brooklyn Battery Tunnel, the city would stand to receive a significant profit from the development. The community is determined that 100 percent of the proceeds — likely in the tens of millions of dollars — be spent on projects within Lower Manhattan.
Chief among the community’s priorities for the money are the creation of affordable housing, the development of green space and sports fields, and the implementation of the Downtown Alliance streetscape program along Washington St.
The board also asked the city to eliminate an extra 190,000 square feet of air rights that would be created by the land-use action, so that no future developer could ever apply to purchase them.
“These can’t just be pie-in-the-sky dreams,” said C.B. 1 Chairperson Julie Menin of the board’s conditions. “We really need concrete guarantees that we are going to get these things.”
Menin favored rejecting the project unless the conditions were met, but she couldn’t convince enough of her fellow board members to go along. She yielded when the language was change from “support” to “conditionally support.” The advisory resolution passed 34 to 5 with three abstensions.
Legally, the board’s opinion must be considered as a part of the city’s Uniform Land Use Review Procedure. However, the borough president’s office and the Department of City Planning also get to review the proposal. Because the application includes de-mapping a city street, the City Council will have the final say on the plan, even though C.B. 1 voted yes. Under most ULURPs, City Planning has the final say when the community board votes yes. If the Council approves the plan, Time Equities will purchase the air rights and create a pedestrian plaza along Ward St., the dark, narrow alley that separates the Battery Tunnel from 50 West St. to the north.
By rights, the developer can already take down the 13-story building on the site (known as the “copper-top” because the roof is painted green to look like copper patina). Current zoning, which caps bulk but not height, would then allow a 30- to 40-story building. By adding the 40-foot wide plaza — which would contain trees, cobblestone pavers and an outdoor café — the developer would earn the right to build another five to seven stories. That, combined with the air rights purchase, would put the building at a little over 500,000 square feet (63 stories under the current design).
There was much debate among board members over how to evaluate the proposed building. Many board members liked the building’s curving, near-transparent façade, designed by noted architect Helmut Jahn. They universally approved of Time Equities plan to seek a Gold rating from the U.S. Green Buildings Council. The building would also bring in customers to bolster the local retail scene.
To offset some of the building’s impact on the overcrowded local schools, Time Equities has proposed to provide laptops for all of the children in I.S. 89, along with maintenance and insurance for four years. The laptops would allow I.S. 89 to give its computer room to P.S. 89, which would convert the space into two regular classrooms to help alleviate acute class-size problems.
"There are other concerns with this project, but from a youth and education standpoint, we need the school space,” said Paul Hovitz, chair of the board’s Youth and Education Committee. “If we don’t do this, we are left to depend upon the [Department of Education] to address the overcrowding and we’ve seen how well that works out.”
After the community asked repeatedly for an art space in the building, Time Equities proposed to include a public art component, possibly light installations, in the hotel portion of the project. However, board members agreed that the laptops and the public art would not be enough to offset the extra stress that the new residents would put on local parks, schools and transportation systems.
Time Equities’ refusal to voluntarily include affordable housing in any of its Downtown projects also irked many board members, especially when a representative of the developer suggested that those people who could not afford to live in the neighborhood could always move to Brooklyn. Time will get state tax abatements as of right. A new version of the 421-a program would require Downtown developers to invest in affordable housing to get the tax benefits, but the bill, expected to pass June 21, will not take effect until June 2008.
“I really feel that the city can and should do more to press the developer to create affordable housing elsewhere in the district,” said board member Barry Skolnick.
A small number of board members wanted to reject the project altogether because of its large scale and precedent-setting use of city air rights. Others, including Menin, wanted to phrase the board’s opinion as a conditional rejection. The negative language, they felt, would make a stronger statement. The board compromised on “conditionally supports.”
Board members reasoned that since City Planning worked with the developers to craft the ULURP application, it would be unlikely that the City Council would outright reject the proposal. The Economic Development Corporation, the Battery Park City Authority and State Senator Martin Connor have also spoken in favor of the project. Councilmember Alan Gerson, who was involved in the negotiations with the developer, has not yet given his full support to the building, but his aide, David Feiner, has spoken in favor of the project at two different board meetings.
Therefore, the board decided it would be better not to fight the construction of the building, which will be very large regardless of the zoning variances. Instead they will fight to ensure that both the city and the developer make significant reinvestments in the neighborhood.
“I think it’s more than likely that we’ll get this building whether we like it or not,” said Battery Park City Committee chairperson Linda Belfer at a meeting Monday night. “We might as well get something in the way of mitigation.”
_______________________________________________
http://downtownexpress.com/de_215/editorial.html
50 West St. plan should be rejected
Community Board 1 gave conditional support Tuesday to a troubling 63-story luxury condo and hotel project in Downtown’s most perilous pedestrian area, without any commitment for affordable housing from the private developer in this government-subsidized project, or much improvement to the area. The battle over 50 West St. now moves to Borough President Scott Stringer, a strong affordable housing advocate, and to the City Council and Councilmember Alan Gerson, who was far too accommodating in the early negotiations with the developer.
Julie Menin, C.B. 1’s chairperson, was right to try and get the board to take a “no, but” position, but she didn’t prevail. The board did attach many sensible conditions to its approval, but its “yes with conditions” position weakens its ability to influence the developer and the project. The developer, Time Equities, now can truthfully say the board endorsed the thrust of the plan. We hope members stay on top of this project closely so their views are not distorted.
Under the estimated $550 million plan, Time Equities will demolish a handsome 1912 building and buy 183,000 square feet of air rights from the city at an undisclosed price, allowing the firm to build the most lucrative condos at the tower’s top. The developer will also get state tax breaks under the 421–a program. Had the developer made this proposal a year from now, the firm would have had to invest some of the subsidies in affordable housing, assuming Albany amends 421-a this week as is expected.
Not only is Time Equities refusing to invest even one dollar out of the millions of its tax subsidies in affordable housing, Phillip Gesue, the firm’s executive, bluntly told C.B. 1 members to move to Brooklyn if Downtown rents were getting too high for them.
What does Downtown get? Laptop computers for I.S. 89, which will also allow the computer room to close in order to free up two classrooms for one of our crowded schools, P.S. 89. Time Equities will offer temporary tech support for four years. The hotel lobby or some other part of the project will have public art space of unspecified size. Tiny unknown Ward St., a narrow pedestrian throughway near the Brooklyn-Battery Tunnel and the West Side Highway would be widened with a public plaza that will also enable the developer to build bigger.
Almost five years ago, Mayor Bloomberg proposed transforming this pedestrian nightmare into a new residential neighborhood, Greenwich Street South, with new parks, and an easy walkway connecting the area to Battery Park City, along with residential buildings to help pay for the improvements. The idea has not progressed much beyond the pretty picture phase. Time Equities hinted about paying for a pedestrian bridge at first, but now is backing off. The city could presumably use the developer’s air right money to pay for the Greenwich idea, but none of that is clear.
What is clear is Time Equities has to offer a lot more in neighborhood improvements, specifically something toward affordable housing to justify receiving any public assistance. Stringer’s past record shows he understands these types of issues, and moments. Councilmember Gerson has also fought for affordable housing and we hope that his original enthusiasm for the developer’s offer is history. Gerson, Stringer, and the Council should either force dramatic improvements or tell Time Equities “No.”