Development, Zoning Laws and West 54th and Ninth

This is a short primer about real estate development, zoning laws and the MTA Site at West 54th and Ninth that has stirred up so much concern on our block. If you have anything information to add to our knowledge base, please let us know in the comments below. Or email us at west55ba[AT]gmail[DOT]com.

Our neighborhood is caught up in a development fight over what is going to happen at the Hudson Yards more than 20 blocks away in the West 30s. Over the summer, Community Board 4 acted to chip away at special zoning rules that make Hell’s Kitchen more livable. They voted in favor of granting a variance so that a 12-plus story building can go up at West 54th and Ninth (806 Ninth Ave.), which is now the site of an MTA parking lot.

What Happens Next. The West 55th Street Block Association testified against the changes at the public hearing of the Department of Planning on Sept. 9, 2009. The Planning Commission will issue a ruling later this year, then the Borough President comments on it and the City Council votes on the variance.

Zoning Preserves Our Neighborhood’s Character. Back in 1974, special zoning regulations were passed in order to preserve the low-rise, working and middle-class character of the buildings in the “Clinton Special District” (Eighth to Tenth Avenues, W 42nd to W 57th Streets). Those rules generally limit new buildings to six stories (66 feet) in midblock residential areas and seven stories on the Avenues.

The Attacks Begin. During the real estate boom, a developer sought to build an 11-story building at the site of an old chocolate factory at 321 West 54th Street. Community Board 4 and the West 55th Street Block Association successfully fought that bid. Today, Beta West is just six stories high. A few years later, a different developer quietly cobbled together air rights from other buildings in order to erect the 18-story Nicole building at 400 West 55th Street. All Community Board 4 could do was negotiate better setbacks and close the air rights loophole.

The Hudson Yards. This is the last big piece of land – about 26 acres – that can be developed on Manhattan’s West Side. The yards run west from Penn Station to Twelfth Avenue. By building a platform above the rail yards, you can put buildings on top of them. Naturally building such a platform is expensive. That is where the MTA site at West 54th and Ninth comes in. By putting affordable housing there (and at W 48th and Tenth), the Related Companies (the developer) hopes to avoid including much affordable housing at the main site.

Environmental Concerns. The soil and water under the MTA parking lot, which used to be a bus depot, is contaminated with petroleum, benzene and other volatile compounds. There is an open complaint (DEC Spill Case 96-13939) for the lot.

Breaking the Clinton zoning rules sets a terrible precedent. We want affordable housing but not at the cost of the height restrictions. What the neighborhood really needs is a park at 54th and Ninth! You can get updates on this and other neighborhood issues at www.west55ba.org/blog –Christine Gorman