<< Back
Land Use, Housing & Zoning
N060393 ZCM, application by SJP Residential Properties, Fifth Street Holdings, LLC and Jujamcyn Theaters, LLC (collectively, the “Applicants”) for certification by the City Planning Commission pursuant to section 81-744(a) of the ...
N060393 ZCM, application by SJP Residential Properties, Fifth Street Holdings, LLC and Jujamcyn Theaters, LLC (collectively, the "Applicants") for certification by the City Planning Commission pursuant to section 81-744(a) of the Zoning Resolution, permitting the transfer of air rights from the Martin Beck Theater to 750 Eighth Avenue
WHEREAS, The Martin Beck Theater (also known as the A1 Hirshfeld Theater), located at 302 West 45th Street, in Community Board Four, is a legitimate theater listed in ZR §81-742 and is permitted by the term of ZR §81-744 to transfer unused air rights to a development site within the Theater Subdistrict; and
WHEREAS, ZR §81-744 permits the transfer of unused air rights without a public hearing by the Community Board or the City Planning Commission provided that:
-
the amount of floor area to be transferred increases the amount of floor area allowed on the receiving site by no more than 20%;
-
the allowable floor area of the granting site is reduced by the amount of floor area transferred;
-
the owner of the granting site agrees to continue the use of the granting site a legitimate theater for so long as the building constructed by using the transferred development rights is in existence; and
-
an amount of money equal to ten dollars for each square floor of developments rights transferred is contributed to the Theater Subdistrict fund.
WHEREAS, The Applicants have applied for a Certification with regard to the transfer of 29,104 square feet of development rights from the Martin Beck Theater to a receiving site at 750 Eighth Avenue, within Community Board Five, thereby permitting construction of a building of about 257,360 square feet, including 195 residential units and about 6, 354 square feet of ground floor retail use; and
WHEREAS, The Applicants intend to file additional applications:
-
to amend the Zoning Resolution to transfer a portion of the Martin Beck Theater from Clinton Special District to the Theater Special District, thereby increasing the floor area available to be transferred,
-
for an authorization to transfer additional development rights, and
-
to apply for a Special Permit for additional parking on the receiving site; and
WHEREAS, The Applicants declined a request by the Land Use Committees of Community Board Four and Five to withdraw their application so it could be considered at the same time as other applications; and
WHEREAS, This is the first application to transfer development rights pursuant to ZR §81-744 and is the first opportunity for Community Board Five to review all its provisions to ensure it will serve to "preserve and protect the character of the Theater Subdistrict as a cultural, theatrical and entertainment showcase" (ZR §81-71); and
WHEREAS, A Theater Subdistrict Council was to have been created, comprising the Mayor, two representatives appointed by the Mayor from the performing arts and related industries, the Director of the Department of City Planning, the designee of the Speaker of the City Council and the Manhattan Borough President, to receive, manage and disburse funds paid to the Theater Subdistrict Fund and neither the Council nor the Fund have been created; and
WHEREAS, The mission of the Council to utilize the Theater Subdistrict Fund to preserve and enhance the Theater District is of vital importance to Community Board Five, but no plan exists for the disbursement of the $291,040 to be placed in an escrow fund in anticipation of this transfer, nor for money paid in conjunction with future transfers; and
WHEREAS, Community Board Five's extensive concerns with the Theater Subdistrict Council and the Theater Subdistrict Fund are best addressed through a letter to the Chair of the City Planning Commission and extensive conversations with the staff of the Department of City Planning; therefore be it
RESOLVED, Community Board Five takes no action with regard to the application for a certification by the City Planning Commission pursuant to ZR §81-744(a), permittingthe transfer of air rights from The Martin Beck Theater to 750 Eighth Avenue; and be it further
RESOLVED, Community Board Five will be forwarding a letter to City Planning with additional details outlining our concerns regarding this application.
The above resolution passed with a vote of 24 in favor, 0 opposed, 1 abstention.