U.S. Supreme Court Denies Stahl an Appeal AGAIN

U.S. Supreme Court Denies Stahl an Appeal AGAIN

FRIENDS is thrilled to share the news that the U.S. Supreme Court has denied Stahl an appeal for the second time. This final legal battle is over at last for Stahl York Ave. Co., LLC, owner of the City & Suburban Homes Company First Avenue Estate complex, an individual landmark. 

For years, Stahl has waged a protracted fight against the New York City Landmarks Preservation Commission in the courts as they sought to demolish two historic buildings in this full-block complex. Like the groundbreaking Penn Central case of 1978, this week’s legal victory affirms the City’s right to regulate landmark-designated properties as a benefit to “all New York citizens… and quality of life in the city as a whole.”

The First Avenue Estate is a full block complex of tenement buildings, located between East 64th and East 65th Streets and First and York Avenues, that was constructed in 1915 by the City and Suburban Homes Company, and designated as an individual landmark for the significance of its design and pioneering role in social housing reform. Home to longtime tenants of modest income, these buildings continue to be a source of affordable housing on the Upper East Side. 

FRIENDS is proud of its longstanding leadership role in this issue, which most recently entailed the filing of an amicus curiae brief in 2017 on behalf of the City of New York, with the support of local and national preservation groups, as well as elected officials.  

We are grateful to the many partners who joined us
in these efforts and contributed to this victory!

Congresswoman Carolyn Maloney

State Senator Liz Krueger

State Asssembly Member Rebecca Seawright

City Council Member Benjamin Kallos

Manhattan Borough President Gale Brewer

National Trust for Historic Preservation

Preservation League of New York State

The Municipal Art Society of New York

New York Landmarks Conservancy

Historic Districts Council

Greenwich Village Society for Historic Preservation

Landmark West!

Friends of the First Avenue Estate

We are also enormously grateful to the tenants, neighbors, advocates, and elected officials who have worked tirelessly over many years on this hardship case. Thanks especially to those who contributed financially to our effort. 

For more information, visit FRIENDS’  First Avenue Estate web page 
for a timeline of this ongoing case and links to additional articles about this site. 

This Fall: FRIENDS’ 16th Annual Ambassador to the Upper East Side Award Dinner

Image: Annie Watt, Inc.

will proudly present 


Fernanda Kellogg and Kirk Henckels
Thursday, September 26th

6:30 p.m. Cocktails
7:30 p.m. Dinner  The Metropolitan Club
1 East 60th Street
New York City 

Click HEREto purchase tickets or make a contribution.

Barbara and Donald Tober, Co-Chairs
Karen and John Klopp, Co-Chairs

Vice Chairs
Alice and Kevin Concagh · Anne Eisenhower · Mark Gilbertson Jamee and Peter Gregory · Marlene Hess and James ZirinPolly and Peter Millard · Melissa and Chappy Morris · Allison and Peter Rockefeller 
Elizabeth Stribling and Guy Robinson · Bunny Williams

Fernanda Kellogg and Kirk Henckels are “ambassadors” of preservation, architectural history and design in every sense of the word. Through individual pursuits and together, they have sought to safeguard and celebrate the built and natural worlds, infusing a spirit of warmth and generosity in their Park Avenue neighborhood and their farms in Millbrook and Aiken.  

Following a career in global public relations at Tiffany & Company, Fernanda became the Founding Chair of the Tiffany Foundation, directing substantial funds in support of the arts, preservation and placemaking, including significant support to the High Line’s revitalization. In 2010 she received the Rachel Carson Award from the National Audubon Society, which recognizes women leaders in conservation. Fernanda continues her stewardship work as a trustee of the World Monuments Fund, and involvement with the Bard Graduate Center and Dutchess Land Conservancy.

As Vice Chairman and Founding Director of Stribling Private Brokerage, Kirk Henckels is at the vanguard in preserving Manhattan’s most prestigious historic properties. Kirk’s lifelong fascination with architecture led him to publish Life at the Top: New York’s Most Exceptional Apartment Buildings, with co-author Anne Walker in 2017. Kirk is Vice Chair of the Institute for Classical Architecture & Art, on the board of the Aiken Land Conservancy and recipient of the Clelia Delafield Award for his years of service to the Society of Memorial Sloan Kettering.

Lifelong equestrians, Fernanda and Kirk are active with the Millbrook and Aiken Hunts, supporters of the U.S. Equestrian Team and for 25 years hosted the Fitch’s Corner Horse Trials, the premier lower-level equestrian event in the country.

Fernanda and Kirk are quintessential New Yorkers, embodying the spirit and sense of community that characterizes the qualities of a neighborhood that Friends of the Upper East Side Historic Districts seeks to protect and celebrate every day. We are thrilled to salute them with the 2019 Ambassador to the Upper East Side Award.

Advocacy Alert: Stand with FDNY Union for State Zoning Reform

FDNY Union Pens Letter Supporting State Bill – Tell Our State Legislature You Agree!

Schematic massing diagrams depicting 249 East 62nd Street. Left: Based on plans filed in 2017. Right: Under the constraints of a proposed bill to alter New York State’s Multiple Dwelling Law, with same number of units, same zoning floor area, and a notable reduction in the vast central void. 
Credit: George M. Janes and Associates. 

On top of undercutting predictable development and the intent of zoning regulations, the inclusion of empty “mechanical” voids in the core of new buildings poses grave safety concerns for New York City’s firefighters and the citizens they protect every day.

That’s why last week the Uniformed Firefighters Association of Greater New York penned a memorandum in support of a state bill that would implement a broad framework for reform and help put a stop to the exploitation of the mechanical void loophole.

The powerfully-worded memo states: “It is difficult enough for Firefighters operating inside of high-rise buildings. Access to the fire area and to whatever is on fire is paramount to save lives and to protect Firefighters operating at these fires… While we acknowledge and accept the risks of our profession, we strongly oppose construction methods that are inherently dangerous that for no valid reason increase the threat to the lives of the public and our members… we strongly support this bill which would prohibit the creation of these dangerous phantom floors within buildings in New York.” 

To read the full memo, click HERE

Bill A5026/S3820, sponsored by Assembly Member Linda Rosenthal and Senator Robert Jackson, would use the state’s Multiple Dwelling Law to address excessive void spaces by better regulating building bulk. This bill will complement the work begun via the recently-passed Zoning Text Amendment from the Department of City Planning and championed by our City Council Members, but it must be heard by the close of session on June 19th if it is to pass.

Please call Assembly Speaker Carl Heastie and Assembly Housing Chair Steve Cymbrowitz and urge them to bring this important bill to a vote before the session closes on June 19th!

Assembly Speaker Carl E. Heastie
518-455-3791 (Albany)
718-654-6539 (District)

Assembly Member Steven Cymbrowitz, Housing Committee Chair
518-455-5214 (Albany)
718-743-4078 (District)

Read More: “No a-voiding this loophole: How to stop unexpected towers,” by Rachel Levy, Crain’s New York Business, April 8, 2019.

“NYS pols are targeting the favorite loophole of supertall developers,” by Eddie Small, The Real Deal, May 3, 2019. 

Two New Upper East Side Landmarks!

LPC Designates Two Upper East Side Individual Landmarks!

Left: First Hungarian Reformed Church
Right: National Society of Colonial Dames

Today, the Landmarks Preservation Commission (LPC) voted to designate the First Hungarian Reformed Church (a.k.a. 344-346 East 69th Street) designed by Emery Roth and built from 1915-1916 and the exteriors of the National Society of Colonial Dames building (a.k.a. 215 East 71st Street) designed by Richard Henry Dana Jr. and built from 1929-1930 as Individual Landmarks. 

We are thrilled that the Commission has recognized two of the many sites in Yorkville that speak to the neighborhood’s unique legacy as a home for a wide variety of immigrant communities and the institutions which served their many cultural, religious, and social needs. FRIENDS has enthusiastically supported these designations and we look forward to the recognition (and hopefully designation!) of other buildings in Yorkville.

Mechanical Voids Zoning Text Amendment Summary and Impact

The Breakdown: Mechanical Voids Zoning Text Amendment Summary and Impact

Credit: Department of City Planning

On Wednesday, May 29th, the New York City Council voted to amend the Zoning Resolution to cap exempt mechanical void space within new buildings in residential neighborhoods. This text amendment went into effect this week. This ruling is a small but powerful step towards closing commonly-abused “loopholes” and restoring predictability to new construction.
So what does this mean?

This zoning text amendment DOES:

  1. Codify a height threshold on “free” mechanical void space

Currently, the allowable zoning floor area of a building does not include spaces used to house necessary mechanical equipment – such as electrical chases, pipe shafts, centralized HVAC systems– that are crucial for buildings to function. Essentially, developers have abused this giveaway to include excessive “free” floor area that far exceeds what is reasonably required to provide necessary mechanical services to a building. Now the exempt spaces will be limited to 25’, or about twice the height that will reasonably accommodate residential mechanical equipment, spaced out at least 75’ from one another. Though the 25’ threshold is generous, it is far more reasonable than the empty spaces exceeding 100’ within new buildings that do nothing to provide community benefits, affordable housing, or an adequate number of units to address the city’s rapidly increasing population.

2. Begin to address the concerns of neighbors, advocates, and elected officials for a zoning text amendment

The initial Department of City Planning study that led to the agency’s recommendation for a zoning text amendment was a direct response to the advocacy of FRIENDS of the Upper East Side, local elected officials, and advocacy and neighborhood groups.  Aiding this campaign was the indispensable urban planner George Janes, whose technical analysis of the zoning tactics leading to unreasonably tall towers in residential neighborhoods informed both the identification of the problem and the discussion of potential solutions.  

Council Member Ben Kallos and Manhattan Borough President Gale Brewer have been particularly strong allies in this campaign, providing leadership and support from the beginning. In fact, the first public commitment on this issue came at an Upper East Side Town Hall sponsored by Council Member Kallos.  FRIENDS’ Executive Director Rachel Levy’s question to Mayor Bill de Blasio about excessive mechanical voids elicited a pledge from DCP Chair Marisa Lago to  analyze mechanical voids and deliver a solution.

Land use processes are invariably enriched through public influence, and elected officials and advocates showed up in droves to offer public testimony in response to the DCP proposal released in January 2019. While testimony reflected that a comprehensive solution will require further study and more expansive reform, the City has shown its willingness to foster spirited public engagement in the pursuit of addressing legitimate concerns raised by groups like FRIENDS.

This zoning text amendment DOES NOT:

  1. Abolish large voids

 Void spaces larger than 25’ in height may still be included in a building’s design for engineering or aesthetic purposes, but voids larger than 25’ will count toward the site’s floor area ratio dictated under the constraints of existing zoning. While the inclusion of empty spaces will be permissible, voids will be more difficult to exploit simply as a height-boosting tactic now that the portions beyond 25’ will be counted toward a building’s maximum size. Note that nothing in the new zoning text requires “mechanical” spaces to serve legitimate mechanical uses. In fact, the DCP study on the excessive voids concluded that the average mechanical floors for all towers in the initial study area of high-density residential districts in Manhattan were 12’ tall. The 25’ threshold codified in the new text already provides more than double the space necessary for average building mechanicals, and itself is a kind of giveaway.  

2. Hinder in-progress or approved projects

Though the closure of the mechanical void loophole will restore some degree of predictability in future structures, it will not retroactively address completed, in- progress, vested, or approved developments that have profited from this tactic.

3. Fully “void the voids”

It is important to note that this zoning text amendment will only cover enclosed mechanical voids in buildings within Manhattan’s highest density residential districts (R9 and R10 and equivalent). While a powerful step, the scope of this legislation is quite narrow and focuses only on certain voids in certain districts. It will also not comprehensively address such other loopholes as the lack of a codified minimum lot size that prevents developments from evading zoning requirements, or using mechanical voids in commercial districts. However, it is an important first step and “foot in the door,” so to speak, toward the implementation of future measures to ensure predictable growth and protecting the livability of our city.

Geographic scope of residential tower mechanical voids text amendment. Image Credit: New York City Council Land Use Division.

So what comes next?

Massing diagram of 180 East 88th Street. The blue square shows the un-buildable lot. Credit: George M. Janes and Associates

The Department of City Planning has acknowledged that further loopholes need to be addressed by the agency. DCP has committed to completing follow-up zoning studies during Summer 2019 to further expand the geographic scope of the enclosed-voids study into such commercial districts as Lower Manhattan, Midtown, Long Island City, and Downtown Brooklyn. Also this summer, the Department will release results of a study related to the establishment of a minimum lot size for non-residential zoning lots and the impact of tiny, unusual zoning lots.  The un-buildable lots issue first came up at 180 East 88th Street, raised by FRIENDS together with Carnegie Hill Neighbors and Council Member Kallos. Advocates and zoning experts believe that a minimum zoning lot size should be mandated in order to limit the manipulation of zoning lot boundaries and mergers simply to skirt existing zoning regulations.

Massing diagram of 249 East 62nd Street. The grey areas indicate a mix of enclosed and un-enclosed “mechanical” void space. Credit: George M. Janes and Associates

In addition, in Summer 2020 DCP will release its analysis of unenclosed mechanical voids in residential buildings, such as the 150 foot open-air void at 249 East 62nd Street. These unenclosed spaces are NOT covered by this newly-approved mechanical void action. It is not difficult to see how this leaves a gaping hole in the new zoning as developers will likely turn to unenclosed voids to artificially boost upper floors.

These ongoing commitments are a positive sign of DCP’s intention to study other loopholes commonly used in the illegal height-boosting gambits of contemporary buildings. FRIENDS hopes that these studies will yield future zoning text amendments that will be open to debate and commentary in the public arena. We strongly intend to continue working closely with our elected officials to push DCP and the City for more comprehensive and impactful solutions to these issues. We firmly believe that spirited public discourse, though often complicated and rarely expedient, does nothing but enrich the legislative process.

Read More:

Mechanical void loophole closed by City Council vote,” by Caroline Spivak, Curbed New York, May 13, 2019.

City Council passes crackdown on mechanical voids,” by Will Bredderman, Crain’s New York Business, May 29, 2019

City Council’s crackdown on mechanical voids is just the start,” by Georgia Kromrei, The Real Deal, May 30, 2019.

No a-voiding this loophole: How to stop unexpected towers,” by Rachel Levy, Crain’s New York Business, April 8, 2019.