<< Back
Land Use, Housing & Zoning
Application (N200165 ZCM) submitted by OAC 550 Owner LLC (the “Applicant”), a building at 550 Madison Avenue
Re: Application (N200165 ZCM) submitted by OAC 550 Owner LLC (the “Applicant”), a building at 550 Madison Avenue, for (1) a certification pursuant to Section 81-231(e) of the Zoning Resolution of the City of New York (the “Zoning Resolution”) to eliminate arcade areas for which a floor area bonus is not utilized; (2) minor modification of special permits by the City Planning Commission under ULURP No. C 841023 ZSM, as subsequently modified, with respect to a covered pedestrian space on the Project Site provided in connection with the construction of an existing office tower; and (3) minor modification of a restrictive declaration governing public space at the Project Site
At the regularly scheduled monthly Community Board Five meeting on Thursday, December 12, 2019, the following resolution passed with a vote of 36 in favor; 0 opposed; 1 abstaining:
WHEREAS, 550 Madison is a building within a C 5-3/C 5-2.5 Zoning District; and
WHEREAS, The building owned by the Applicant comprises Block 1291, Lot 10; and
WHEREAS, Known as the AT&T Building and designed by Phillip Johnson, this building has provided a covered public space of 10,398 square feet (though only 10,164 square feet is bonusable), generating 111,804 square feet of bonus floor area, as well as 3,542 square feet of space provided by adjoining Arcades, which allows for an additional 10,626 square feet of bonus floor area (all of which is in excess of the amount that can be utilized on the Project site); and
WHEREAS, The full amount of the bonus permitted to be utilized on the site is 110,406 square feet, and is fully generated by the covered public space; and
WHEREAS, The Applicant would open the covered private space by removing the enclosures on the street frontages and replace the current cover with a new glass cover designed to maximize the daylight provided; and
WHEREAS, The Applicant would reconfigure the covered space to provide a variety of opportunities and spaces for passive recreation while continuing to provide paths for circulation between the adjoining streets; and
WHEREAS, The Applicant would increase the amount of seating from 238 to approximately 279 seats throughout the CPS and adjacent non-bonused public space, consisting of a variety of fixed and moveable seating, and increase the number of tables provided within the CPS; and
WHEREAS, The Applicant would provide approximately 2,060 square feet of new landscaping within the CPS and approximately 7,393 square feet of new landscaping in non-bonused public space adjacent to the CPS; and
WHEREAS, The Applicant would expand the Madison Avenue retail spaces into what is currently the eastern portion of each of the Arcades; and
WHEREAS, The Applicant would convert the remainder of the Arcades to public access areas that do not generate a floor area bonus, located adjacent to the CPS (of this, 26-foot wide portions on each side street frontage would be beneath the Building and the remainder would be open to the sky); and
WHEREAS, The Applicant would create an approximately 31-foot high window at the rear of the Building’s lobby to provide increased visibility of the landscaped CPS from Madison Avenue, encouraging pedestrian use and enjoyment of the space; and
WHEREAS, The Applicant would install a water feature along the side of the space to provide gentle background noise and visual interest to the space, and increased plantings and approximately 47 new trees would be provided; and
WHEREAS, The Applicant would lease three retail kiosks to yet-to-be identified contractors; and
WHEREAS, CB5 believes that open air seating in a privately owned public space may be a public benefit only when seating and tables can be used by the public without a need for purchase of food or beverage; and
WHEREAS, CB5 believes that if the public ends up unable to use the seating without purchase of food or beverage, the public costs associated with some commercial activity in this public space would outweigh any other potential public benefit associated with this space; and
WHEREAS, If the seating in the space are permitted to be used by the public without a need for purchase of food or beverage, but signage is not required to make clear to the public that they can use seating and tables without need for a purchase, we do not believe the public would have any knowledge that such seating is available to them; and
WHEREAS, If the seating ends up being available for the public to use both with and without purchase, the future retail kiosks could benefit; and
WHEREAS, The Applicant would provide signage clearly identifying the space and making it clear to pedestrians that the space is for public use and enjoyment during the designated hours of operation; and
WHEREAS, The Applicant would develop the area in a sustainable, environmentally friendly manner, by collecting rain water and reusing it for horticultural needs; and
WHEREAS, The Applicant would create eight public bathrooms that would be maintained at Applicant’s expense and would be open during regular hours of operation; and
WHEREAS, The AT&T Tower has had a historic commitment to art (Golden Boy Statue murals by Dorothea Rockburne) and the applicant is committed to honoring this tradition by displaying art in the POPS; and
WHEREAS, Members of advocacy groups favoring real estate development, as well as neighboring business owners, spoke in favor of the proposed POPS and submitted letters of support; and
WHEREAS, Community Board Five fears the increased trend of commercialization of public spaces that make the areas unusable/inaccessible for the public; and
WHEREAS, Community Board Five fears that the NYC Department of City Planning is not adequately taking into account the sentiments the community has towards the continuing commercialization of its public space, nor planning how to optimize use of said space; and
WHEREAS, Community Board Five is opposed to any project or plan that would continue the monopolization of public spaces for commercial spaces, including but not limited to Winter Villages, street vendor fairs, and private concerts; and
WHEREAS, The Applicant has agreed to the following language that will be incorporated into the property’s Restrictive Declaration as well as to any relevant section of DCP’s approvals: Owner shall not use the covered pedestrian space for farmers, holiday, or other markets which are commercial in nature and revenue-generating, or any entertainment for which a fee is paid. This prohibition shall not affect the existing permission for up to twelve one-day closures per year, permitting up to six closures for private events and up to six for local community or not-for-profit events; and
WHEREAS, Community Board Five commends the architectural, environmental, and social engineering aspects of the proposed space, which exemplifies everything that the rezoning of the area aims to accomplish, and notes the irony that the Applicant is providing these public benefits willingly and not because of any city mandated mechanism as the development is not the result of the East Midtown Subdistrict zoning mechanism; and WHEREAS, The applicant has shown remarkable willingness during the POPS Land Use Review process to work with the community, engaging in discussions, seeking input and incorporating community’s objections into the final proposal in a collaborative fashion; therefore be it
RESOLVED, Community Board Five recommends approval of the application (N200165 ZCM) for (1) a certification pursuant to Section 81-231(e) of the Zoning Resolution of the City of New York (the “Zoning Resolution”) to eliminate arcade areas for which a floor area bonus is not utilized; (2) minor modification of special permits by the City Planning Commission under ULURP No. C 841023 ZSM, as subsequently modified, with respect to a covered pedestrian space on the Project Site provided in connection with the construction of an existing office tower; and (3) minor modification of a Restrictive Declaration governing public space at the Project Site.