BY WILL R. ROGERS | Over the years, most New York City buildings have been built using “as-of-right” regulations, meaning a project complies with all applicable zoning regulations and does not require any discretionary action by the City Planning Commission or Board of Standards and Appeals. Now, because of advances in building materials, new engineering technologies, changes in the real estate market, and tactics used by developers to identify vulnerable sites, we as citizens of every block need to be more vigilant than ever.
Such is the case at 122-124 W. 16th St. and the French Evangelical Church, whose parent operating affiliation is the Presbyterian Church. Recently, the Presbyterian Church finally and quietly voted to sell the French Evangelical Church’s air rights to the Einhorn Development Group. Einhorn plans to build a 12-story luxury condo that will awkwardly cantilever above the 180-year-old church.
Renderings of the proposed development by Einhorn show a tall, out-of-scale, misshapen and uninviting mid-block building that will be built without taking into account any of the street’s architectural character and neighborhood balance. Despite letters of concern from Chelsea neighbors and elected officials — including NYS Assembymember Richard Gottfried, NYS Senator Brad Hoylman, and City Council Member Corey Johnson — the project is scheduled to move forward.
Neighbors accustomed to luxury condominium construction were surprised that current zoning would allow such a development, since it is to be built in the middle of a low-rise (six-story) block.
But because this development is “as-of-right,” unused development rights may be shifted from one lot to another through a Zoning Lot Merger. The complexity of the underlying zoning rules and “as-of-right” development give developers an unfair advantage to exploit zoning regulations to build almost anything, anywhere that is discovered to be vulnerable. The development site of 124-126 W. 16th St. is a perfect example.
Once Einhorn Development had secured (for an undisclosed dollar amount) the transfer of the French Evangelical Church’s air rights, Einhorn could build to the maximum FAR (floor to area ratio) allowable. This simply seems to be not right.
An average citizen trying to understand the complexities of NYC zoning law and “as-of-right” development is like trying to do your own income tax return. Only professionals, such as developers, are able to deftly navigate the system.
It’s amazing that in 21st century NYC planning, “as-of-right” development continues being the status quo since at least the 1961 Zoning Resolutions. How can this be justifiable when neighbors and neighborhoods are wronged by the very laws that should help protect them from out of scale development? This practice is certainly not new and occurs with common frequency throughout our city.
The Einhorn Development Group used our current NYC planning system to their maximum advantage without contextual regard to people living on W. 16th St. The Presbyterian Church sold out to the highest bidder. Neighbors on W. 16th St. must now live with a luxury condo building which should have never have been allowed by zoning laws.
The travesty on our street should be another wake up call to all NYC neighborhoods, Block Associations, and Community Boards that as our city’s density continues to grow, so will the skills of developers and lawyers to use present zoning regulations and “as-of-right” development rules.
Zoning is never final and is constantly renewed in response to evolving pressures. As it stands now, underlying zoning rules within vulnerable blocks and neighborhoods need reform.
