Hell's Kitchen Online 4/30/99

[kitchen]

Hell's Kitchen Online                                4/30/99
http://hellskitchen.net "All the News the Times Won't Print"
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Because New York is worth saving: http://www.RetireRudy.com
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                  IN THIS ISSUE
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   1. Clinton Special District Coalition -- May meeting
   2. Community Gardens
   3. Update on Candy Factory -- 11 stories 321 W. 54th St.
       
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CLINTON SPECIAL DISTRICT COALITION -- May meeting
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Clinton Special District Coalition

Monday, May 3 at 7:00 p.m.
Hartley House (rear building)
413 West 46th St.

anticipated issues: updates on 8th Avenue lawsuit, 
the proposed eleven story building at the Candy 
Factory (321 W. 54th St.), planning the Ninth Ave. 
Fair booth and CSDC Fundraiser, Transportation 
and Quality of Life issues.

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Community Gardens
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By now almost everyone has heard of the Mayor's plan to
sell off many Community Gardens throughout the city, 
erroneously claiming the land is needed for housing. (Most
housing experts have stated the Mayor's stated rationale
is baloney). It's a complicated issue and the auction is
coming close. Many garden activists across the city are
mobilizing in anticipation. For a good background on 
the community gardens fight, visit www.panix.com/~jaynedoe. 
It may not contain the latest updates, but it's a 
good start to learn about the issue and has links to 
other garden/open space resources.

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UPDATE ON 'CANDY FACTORY' THREAT TO CLINTON SPECIAL DISTRICT
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Last Monday, approximately 50 residents of West 55th Street 
met at the W. 55th St. Block Association regular meeting to
discuss a developer's plan to build an eleven story building
in the Clinton Special District on 54th St., where the zoning 
allows only seven stories. The developer has applied for a 
variance from the NYC Board of Standards and Appeals. The 
Block Association is working closely with CSDC and elected 
officials on this issue and have organized a committee to review 
the application, seek professional assistance and educate the 
public. You can review a copy of the BSA application and other
related material on this issue at our web site at 
http://hellskitchen.net/issues/321w54/index.html. 

Contact the W. 55th St. Block Association (Bob Eldin) 
at 212-582-6996. Below is a new article from the Chelsea-Clinton
News describing the latest. The developers have been invited to
the next CB4 Clinton Land Use Committee meeting at 7:00 p.m. on
Wednesday, May 19th at St. Clare's Hospital Auditorium. (Lower 
Level, 426 West 52nd Street, between 9/10th Avenues)

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Redefining the 'Special' in Clinton 
by Jill Grossman 
Chelsea-Clinton News, April 29, 1999

With interest in development ever-increasing in Hell's Kitchen, a developer has for the first time
in nearly a decade applied for a variance to alter the zoning laws first put in place to protect
the neighborhood's low-rise character in 1974.

Last week, this paper reported that, according to Rose Caiola, a partner at Bettina Equities, her
family's company has applied to build a seven-story luxury residence at 321 W. 54th St., at one
time a candy factory.

The Chelsea Clinton News has since learned that Bettina has applied to the city Board of Standards
and Appeals (BSA) for a variance that would allow for it to construct an additional four stories,
making for an 11-story structure on the block between Eighth and Ninth avenues in the Clinton
Special District.

"The bulk variance requested would be required to permit a reasonable return on the owners
investment," reads the application. The statement to the BSA from Bettina's attorney, Joseph
Morsellino, goes on to claim that the bulk of the buildings on the neighboring blocks have
buildings of similar or greater height, and his client's application would therefore not adversely
affect the area.

In order for the BSA to approve such an application, the developer must demonstrate the uniqueness
of its circumstances and the financial hardship posed by building within the current zoning laws.
It must also show that the new development would not adversely affect the character of the
neighborhood, said Pat Pacifico, BSA spokesperson.

The last variance of this kind to come up in the Clinton Special District was for the New York
Foundation for Senior Citizens building on West 54th Street. The now-defunct Board of Estimate
approved the project with only one dissenting vote -- from former Borough President Ruth
Messinger.

"It not only did not destroy the special district, it enhanced it," said Pacifico, a life-long
resident of Clinton. "Now a lot of seniors have a lot of housing."

At press time, the BSA, comprising Chair James Chin of Staten Island and three members, none of
whom reside in Manhattan, had not begun reviewing the application. Copies have been distributed to
Community Board 4 (CB4) and to Manhattan Borough President C. Virginia Fields for comment. The
board hopes Bettina representatives will attend its May 10 land-use committee meeting to discuss
the plans.

"My chairman won't move until he hears from a community board," said Pacifico.

While CB4 and community members look over the variance application -- which has been posted on the
website hellskitchen.net -- to date they stand by their concerns that the large building would, in
fact, have negative effects on their quality of life.

"This would be a new threat because then any landlord could come in and say; 'We're not going to
make enough money,'" said John Fisher, president of the Clinton Special District Coalition (CSDC)
and a member of CB4. It undermines the entire purpose of the special district."

In a study commissioned by CB4 in 1993, Columbia University professor Elliot Sclar stated, "High
rise development would not only destroy the physical character of the community, it would increase
the chance of displacement of low- and moderate-income residents."

Six years later, Sclar stands by this statement. In his back-and-forth arguments with the city, as
counsel for the CSDC in its lawsuit against the city regarding the Eighth Avenue rezoning plan
passed by the City Council last year, he refutes the city's claim that building more will in the
long run push rents down.

"Demand goes to where things are built in New York and raises the chances of displacement," he
said.

While he is not familiar with the particular application at the old chocolate factory, he predicts
that approval by the BSA could set a dangerous precedent. "It all sounds to me like they're asking
the Board of Standards and Appeals to make land-use policy... and once you do this, the next guy
can come along and say, 'Look, It's already being done here.'"

As to Bettina's claim of financial hardship, Sclar says this tactic is "over used." "There's a
self-fulfilling prophecy to this," he said. "They [Bettina) went into this with their eyes open.
Once you grant the higher building, it becomes a hardship for the next guy. Sometimes these guys
pay more on spec, thinking that the city will let them build more."

While Pacifico could not comment on the specifics of the application, he addressed some neighbor's
fears that if the BSA allows the construction of an 11-story building on the debated site, it
could start a domino effect for high-rise development in the special district: "It's each
individually based," he said of the basis for BSA's decisions. You [a developer] better come in
with a strong argument."

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