Thursday, September 2, 2010

CIVITAS in the New York Times

CIVITAS received coverage in Wednesday's New York Times on our work on the Second Avenue Subway ancillary buildings.
Read about it at: http://www.nytimes.com/2010/09/01/realestate/01subway.html

August 31, 2010

Above Ground, a 2nd Ave. Subway Plan Attracts Critics

The Second Avenue subway, finally under construction on the Upper East Side of Manhattan, is of course a vast underground project. The $4.45 billion first phase, now scheduled to be completed in 2018, will extend from 96th Street to 63rd Street and Lexington Avenue.

But the project will also include construction above ground — not just station entrances but also a half-dozen boxy buildings on corners along Second Avenue that the transit agency acquired through condemnation. These so-called ancillary buildings, ranging in height from five to eight stories, will house ventilation equipment. They are also intended to disperse smoke and allow for evacuation from subway tunnels in the event of an emergency.

To the Metropolitan Transportation Authority of New York, the proposed buildings, designed by DMJM+Harris and Arup, part of the team that designed the Jet Blue Terminal at Kennedy International Airport, are “handsome in proportion and detail, while simple and straightforward in design.”

But to some real estate specialists, the structures represent a missed opportunity or an unwelcome industrial intrusion into a residential neighborhood, or both. Richard Bass, the chief planning and development specialist for Herrick, Feinstein, a law firm based in Midtown Manhattan, said that at three of the sites — on 97th Street, 72nd Street and 69th Street — the M.T.A. could have worked with private developers to incorporate the ancillary buildings into residential towers.

Mr. Bass represented a co-op on 69th Street in negotiations with the M.T.A. over the adjacent ancillary building. He is not involved in a lawsuit the co-op filed against the Federal Transit Administration and the M.T.A.

On each of the corners cited by Mr. Bass, the developers could have sought development rights, known as air rights, from smaller adjacent residential buildings, Mr. Bass said. He said taller apartment buildings would have been more in character with a residential neighborhood and would have helped fill a need for moderately priced housing. In addition, the M.T.A. could have had the developers share in the cost of the subway structures, Mr. Bass said.

“It seems that the M.T.A. missed an opportunity to play in the real estate game in a way that would have been a win-win-win,” Mr. Bass said. “This could have provided the M.T.A. with a more cost-effective facility, a more urbanistically appropriate structure for the surrounding community, and an opportunity to create more housing in partnership with developers.”

Citing the pending lawsuit filed by the 69th Street co-op, M.T.A. officials were unwilling to be interviewed. But they did agree to answer written questions by e-mail. They said they would not release cost estimates for the ancillary buildings until they had hired the contractors. Nor would they say how much they had paid for the building sites.

Kevin Ortiz, an M.T.A. spokesman, said by e-mail that the agency had worked with developers on both the 97th Street site, where the Century Lumber Corporation once stood, and on 72nd Street, the longtime home of Falk Drug and Surgical Supplies. Plans for 72nd Street, where the site measures 75 feet by 75 feet, were scuttled because “in order for a development to work, additional property would have had to be acquired, which we couldn’t justify as a transportation use,” he said.

On 97th Street, “M.T.A. Real Estate worked very long and hard to make it work, but in the end the developer lost interest,” he said.

In a subsequent e-mail, Aaron Donovan, another M.T.A. spokesman, said the developers that the agency had consulted owned the sites. Mr. Donovan said the agency had not issued requests for proposals from developers “because we didn’t own the properties,” which were acquired through eminent domain.

According to the M.T.A., only the 97th Street site, which measures 100 feet by 125 feet, is large enough to accommodate a residential development. The M.T.A. also would not say why it did not consult a second developer for that site.

Several developers, architects and engineers took issue with the M.T.A. and said the agency should have sought to work with private developers. “It does sound like a missed opportunity,” said Douglas Durst, who developed the Bank of America building at One Bryant Park. The 69th Street site, at 50 feet by 80 feet, “is a little tight,” he said, “but the others are the perfect size for residential.”

Some real estate specialists said the transit agency could have found a model in an agreement struck in connection with the extension of the No. 7 subway line on the far West Side of Manhattan.

On a large site at 26th Street and 11th Avenue owned by the Moinian Group, the M.T.A. plans to build a seven-story ancillary structure for that line. The building was designed so Moinian Group could eventually build a residential tower that would incorporate the M.T.A. building, said Oskar Brecher, director of development for Moinian.

“It was a very complicated process that required a great deal of time,” Mr. Brecher said. “The midwife was the Hudson Yards Development Corporation,” he added, referring to the city agency overseeing the development of the area.

Around the country, public officials have worked with the private sector to encourage development along new mass transit lines to increase ridership. Of course, no one thinks the Second Avenue subway will lack riders.

But transit-oriented developments can also be used to defray construction costs. Julia Vitullo-Martin, director of the Center for Urban Innovation at the Regional Plan Association, said the M.T.A. typically had not engaged in strategic thinking when it came to its real estate. “The M.T.A. does not think of its real estate as either an investment opportunity or a development opportunity,” she said.

For Civitas, a civic group representing the Upper East Side and East Harlem, the critical issue is how the buildings, to be made of terra cotta tile, glass and granite, will affect street life along Second Avenue. The local community board has yet to take a formal position on the ancillary buildings.

“Certainly, the design of these structures could be improved,” said Hunter Armstrong, the executive director. “Having large blank industrial buildings inserted into a lively streetscape will diminish the activity and appeal of Second Avenue,” he said. Civitas persuaded the M.T.A. to include retail spaces in two of the sites — 360 square feet at 69th Street and 240 square feet at 72nd Street.

Mr. Ortiz said the M.T.A. chose this style so that the public would recognize the buildings as industrial. He said the structures were not intended to be “starchitecture” but would be “respectful of their immediate surroundings.” The building materials “need to be robust,” he said, “as they will receive only very minimal maintenance attention.”

The M.T.A. did not always intend to make the buildings look industrial. In the final environmental impact statement, completed in 2004, it said they “could be designed to appear like a neighborhood row house in height, scale, materials and colors.”

The M.T.A.’s decision to build industrial rather than brownstonelike buildings was cited in a federal lawsuit filed in January against the Federal Transit Administration and the M.T.A. by a cooperative apartment building, 233 East 69th Street. Residents say that, as now conceived, the auxiliary building would be so close to their building that 32 windows facing east would be blocked. They also contend that the building “would be totally out of harmony” with the neighborhood.

At a conference on April 14, the M.T.A. argued that its building would blend in with the surroundings, but Judge William H. Pauley III of Federal District Court in Manhattan disagreed. “You’re asking me to suspend my common sense,” he said.

The M.T.A. had no comment on the lawsuit, which is still in its early stages.

Monday, August 23, 2010


Check out the latest CIVITAS news in the Summer 2010 Newsletter at www.civitasnyc.org/newsletters.html.

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Save the Date for openhousenewyork on October 10, 2010. CIVITAS will lead a tour of the Upper East Side and

East Harlem and discuss how public policy and community activism have

shaped the neighborhood.

Stay tuned for openhousenewyork event listings in Time Out New York next month

and at www.ohny.org.


Thursday, August 5, 2010

Clearing the Air on the Upper East Side Forum:

Each espousing an irrefutable barrage of photographs, statistics and graphs, four allies converged to urge New York City’s building residents and managers to switch from burning No. 6 oil to either No. 2 oil or Natural Gas. Brought together by CIVITAS, they collectively argued that utilizing No. 2 oil would not only drastically reduce air pollution and the city’s carbon footprint, but—in a most vital sticking point—save the buildings money.

Their push may have come at a fortuitous moment, given widespread concern about the Gulf oil spill, Global Warming and the city’s current heat-wave, the last of which was on full display July 21.

Isabelle Silverman of the Environmental Defense Fund kicked off the proceedings with familiar images of billowing black smoke. She explained that this kind of smoke—most common to “fancy, Park Avenue” buildings—was responsible for the city’s high asthma rate, “twice the national average.”

She added that, despite all the focus elsewhere, heating oil “puts out 50% more pollution” than cars and trucks combined. She invited audience members to check out EDF’s interactive website, www.dirtybuildings.com, shows which buildings burn No. 6 oil.

Lewis Kwit of Energy Investment Systems and a building resident manager Sean Wade continued the discussion, with presentations tailored more to the economic benefits of converting to No. 2 oil or Natural Gas.

Kwit said that Natural Gas prices are 20-30 cents lower than No. 6 oil “and projected to stay that way.” He claimed that the heating cost of the average No. 6 oil-burning building had shot up precipitously over the last 10 years, and that building managers would continue to pay a higher price

Wade used case studies to present the economic benefits of the switch. He said using No. 2 oil had cut oil consumption in one of his former buildings by around 40% and, like the others, presented No. 2 oil and Natural Gas use as an unequivocal no-brainer.

Mayor Bloomberg’s Policy Advisor on Air Quality Kizzy Charles-Guzman concluded the presentation by touting the Mayor’s work on the issue. Leading off the discussion by joking that she’s “not an intern, just short,” Guzman stood tall against the No. 6-oil burning buildings that are responsible for the city's residual oil consumption.

Charles-Guzman also discussed Intro 194, a bill before the City Council. According to a testimony submitted by City Department of Environmental Protection Commissioner Caswell Holloway, the bill “caps the allowable sulfur content in No. 4 fuel” and “would effectively” lead No. 6 oil to “no longer be used.”

Yet for all the reasons their push makes sense now, there’s still a sense in which getting buildings to change their heating oil comes at a bad time.

As soon as the Q&A session began, a property manager shot up and explained that buildings’ finances were already stretched thin by the recession. “We’re already overburdened…how can you ask [the] board to undertake a cost and keep a modicum of control over finances,” he asked.

This sentiment was echoed by Joe, a man I spoke with before the conference began, who neglected to give his last name. Joe, a handyman for a Park Avenue building, said that he’s “interested” in potentially making the switch, but that “the cost is the main thing.”

Still, against the low hum of the air-conditioning, Kwit in particular pushed back at the notion that the switch constituted a financial sacrifice. He assailed the notion that the switch would even necessarily cause a short-term dip into a building’s pockets, saying, “you can still start in the black.”

Jeff Stein, Cornell ’13, is a CIVITAS intern and writes for the Cornell Sun

Tuesday, July 13, 2010

You may have seen recent news coverage of air quality problems on the Upper East Side. According to the New York City Community Air Survey, our neighborhood has particularly high levels of sulfur dioxide as a result of heating oil burned for fuel. You can read the New York Times article here. CIVITAS is teaming up with the Environmental Defense Fund and other neighborhood organizations to address this problem.

Please join us for Clearing the Air on the Upper East Side, a panel discussion to raise awareness of pollution caused by heating oil and guidelines for converting from “dirty” oil (No. 4 or 6) to cleaner burning options, including No. 2 oil or natural gas. A panel of experts will provide practical resources to apartment owners, building managers, and co-op board members about costs and incentives for converting building infrastructure, as well as information about current city policies and initiatives to improve air quality. A reception will follow for more informal discussion of the issue.

The event will take place:
Wednesday, July 21, 6:30pm
Doyle New York, 175 East 87th Street

Registration is required. Free for CIVITAS members, $5 for nonmembers. Email info@civitasnyc.org to register.

Statement before the Landmarks Committee of Community Board 8
in Support of Proposed Designation of the Park Avenue Historic District
Between 79th and 96th Street
June 14, 2010


CIVITAS supports the nomination of Park Avenue between 79th and 96th Street to be designated a historic district on the National Register of Historic Places and as a New York City local historic district.

Park Avenue is one of the world’s most famous thoroughfares and is well regarded for its central median, lined by stately apartment buildings, low-rise nineteenth century buildings and houses of worship. Yet almost half of the avenue on the Upper East Side is not protected by landmark status. Except for a few blocks of Park Avenue located in the Carnegie Hill Historic District, most of this corridor between 79th and 96th Street does not fall within a New York City historic district.

Park Avenue is best known as a twentieth century streetscape as it rose to prominence in the 1910s and 1920s. Yet it has a significant nineteenth century layer as well, including several buildings that pre-date “Park Avenue” itself and were constructed when this thoroughfare was known as Fourth Avenue, before the railroad tracks were covered. The avenue’s predominant scale – 12-17 story apartment buildings that follow a uniform street wall—is mostly protected under the Park Improvement special zoning district. But this offers no protection to the nineteenth century layer, which is increasingly threatened. At least two of these structures have been demolished in recent years.

The architectural character of Park Avenue is not just about scale. The architects who designed many of the proposed district’s greatest buildings—George and Edward Blum, Rosario Candela, J.E.R. Carpenter, and others—followed a relatively uniform bulk in designing the luxury apartment houses. Much of the designers’ individual expression is articulated through architectural details, such as windows, decorative medallions and door surrounds. The structures present a wonderfully eclectic face to the avenue, evoking Renaissance Revival, Art Deco and Georgian references. Designation of Park Avenue as a New York City historic district will protect those details for future generations to enjoy.

As part of our support, CIVITAS raises the following issues for consideration by the United States Department of the Interior, the New York State Office of Parks, Recreation and Historic Preservation, and the New York City Landmarks Preservation Commission.

First is the historical condition of the Park Avenue median. When the railroad tracks were covered in the 1880s and the landscaped median was created in the 1910s, it was a wide park with seating and meandering paths located in the middle of the avenue. Over the course of the twentieth century, the median has been whittled down to its current width, a “park” meant to be looked at but not entered and enjoyed. As the current movement in New York City continues to reclaim green space and public space in previously overlooked spaces, we would like to see additional thought given to restoring Park Avenue to its historical plan and configuration with a public park in its center. Designation as a National Register or New York City historic district should call special attention to the avenue’s original plan and not act as an impediment to possible restoration of the median.

Further, there is much discussion on the local and national level devoted to incorporating energy efficient components into historic structures. Preserving the “embedded energy” expended in constructing the historic buildings on Park Avenue represent the greenest approach there is, but we would like to see continued dialogue between the preservation and environmental communities to support eco-friendly upgrades that respect the aesthetics and historic integrity of Park Avenue’s buildings.

We encourage the United States Department of the Interior, the New York State Office of Parks, Recreation and Historic Preservation, and the New York City Landmarks Preservation Commission to move quickly in designating the Park Avenue corridor between 79th and 96th Street.

Monday, June 14, 2010

Mark your calendars for two upcoming meetings related to land use, transportation and quality of life on the Upper East Side.

The Second Avenue Subway and impacts on small businesses and quality of life:


The New York City Council Small Business and Transportation Committees have scheduled a special hearing on Monday, June 14 at noon to discuss the Second Avenue Subway. Among the topics to be addressed will be: construction effects on quality of life, business revenues, and the subway’s current budget and timeline projections. Councilmembers Daniel R. Garodnick (District 4) and Jessica Lappin (District 5) are both members of the Transportation Committee.

The meeting will take place in NYC Council Chambers in City Hall. Call the offices of Councilmember Garodnick (212-788-7393) or Lappin (212-788-6865) for the most up-to-date details.

Proposed Park Avenue Historic District:

Join CIVITAS in supporting the proposed Park Avenue national and local historic district between 79th and 96th Streets. The Community Board 8 Landmarks Committee presentation and discussion will be Monday, June 14 at 6:30 pm at the Hunter School of Social Work (Room 1010) at 129 East 79th Street. Visit www.cb8m.com http://www.cb8m.com> or call the CB8 office (212-758-4340) for the most up-to-date meeting details.

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Also, a schedule for Upper East Side greenmarkets:

Community Gardens


St. Stephen of Hungary, East 82nd Street between First and York
Opening Saturday, June 19, 9 am to 3 pm

92nd Street and First Avenue
Opening Sunday, June 20, 9 am to 5 pm

Recycling options include: batteries, compact fluorescent lamps, #5 plastic containers, printer cartridges and corks

Special thanks to market sponsors, Upper Green Side.

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Thursday, February 4, 2010

Join us for the 2010 CIVITAS Annual Benefit


2010 CIVITAS Benefit
Text Color
Congresswoman Carolyn Maloney, Honorary Chair
and the CIVITAS Benefit Committee
request the pleasure of your company at a festive cocktail reception, celebrating 29
years of achievement by CIVITAS and honoring

Joan K. Davidson and Robert Quinlan


Thursday, March 4, 2010
6-8:30pm
Americas Society
680 Park Avenue

Awards presented by Honorable Pete Grannis,
Commissioner, New York State Department of Environmental Conservation

Angel $2,500 per guest Patron $1,000 per guest Benefactor $500 per guest
Supporter $300 per guest Friend $200 per guest
Ticket $150
*Junior $75 per individual or $150 per couple

*CIVITAS will be holding a limited number of tickets at a discounted price for interested individuals
or couples who are age 35 or below. We anticipate these tickets will sell out quickly and
will only be available to guarantee the price until February 19th.

Pay online through Network for Good or mail checks to
CIVITAS
1457 Lexington Avenue
New York, NY 10128
Email info@civitasnyc.org or call (212) 996-0745
For more information about CIVITAS, please visit www.civitasnyc.org