Landmarks Commission Debates St. Mark's Place Office Building

EAST VILLAGE, NY — The Landmarks Preservation Commission debated a developers' proposal to buy air rights from a landmarked building across the street in order to erect a 10-story office building at the corner of St. Mark's Place and Third Ave. Tuesday afternoon.

Real Estate Equities Corporation is seeking a special permit to purchase about 8,300 square feet of air rights from the landmarked Hamilton-Holly House to build a 10-story office building. Landmarks held a public hearing Tuesday on whether to issue a report to City Planning allowing for the building, based on how "harmonious" the building would be with the landmark at 4 St. Mark's Place — once home to Elizabeth Schuyler Hamilton, the widow of Alexander Hamilton.

Community Board 3 and some neighborhood groups have spoken against the building, which would be at what many call the gateway to the East Village at St. Mark's Place, where the now-closed Continental bar and Papaya King were once located.

The air rights transfer would require "first-class restoration" and a $200,000 fund — 5% of the $4 million air rights — to maintain Hamilton-Holly House in the future. Even if the funds run out, the owner would be required to preserve the 1830s property.

But opponents to the future office building say the "trade-off" for additional restoration is not worth a larger building.

"This is an important corner," Laura Sewell, who heads the East Village Community Coalition, said at Tuesday's public hearing. "Limited additional work for the maintenance plan for the massively restored Hamilton-Holly House does not offset the impact of adding a massive commercial property to an area already experiencing extreme development pressure."

Andrew Berman, executive director of Greenwich Village Society for Historic Preservation, added, "In this case, the applicant is simply seeking to get after-the-fact credit and financial benefit for work already done and paid for in order to allow the increase by 20 percent of the size and the square footage of the planned office tower."

But developers contend they could build nearly as big with or without the air rights. The architect for the developer argued the design with a special permit is better for the landmark.

The height of the proposed structure's first setback would be at 63 feet under the special permit, nearly in line with other buildings on St. Mark's Place.

"We believe that the massing and the height of what we're proposing is in scale with the neighborhood, and we believe that it is actually better than the as-of-right [version]," said Morris Adjmi, the lead architect on the project of Morris Adjmi Architects.

Via Manhattan Community Board 3's meeting schedule from February 2019.

Landmarks sent REEC and the architect back to the drawing board recommending they lower the structure's first setback to better match St. Mark's street wall —though some commissioners were generally supportive of the air rights transfer.

"I think most people feel that the lower base height is important to relate to the landmark," said LPC chairwoman Sarah Carroll. "I think when you're on the street, that's really what you're going to be perceiving."

She added this proposal "ensures a first-class restoration."

If Landmarks greenlights REEC's pitch, the special permit would go to City Planning and eventually through the uniform land use review procedure, where Councilwoman Carlina Rivera would have a pivotal vote in City Council.

Since the building with no special permit would be similar to the current proposal, Rivera's office said this process allows for more community input.

"Considering that the applicant in this case could construct a building nearly the same height as-of-right, I believe this permit process provides the rare opportunity for the community to play a part in ensuring that new development in the East Village remains true to the identity of this area," the councilwoman's spokesman Jeremy Unger said on behalf of Rivera.

"The approval or denial of this application will set the standard for future 74-79 permits in similar neighborhoods, so we must take great care to ensure that the original intent of the special permit is maintained," Unger said, referencing the technical permit for air rights transfers.

State lawmakers recommended the commission outright deny the application.

"While the proposed agreement would create a fund for the ongoing maintenance of the restored Hamilton-Holly House, we believe that 5 precent of the sale is trivial in relation to what the community is being asked to accept," State Senate Democrats staffer Asher Baumrin said on behalf of Assemblywoman Deborah Glick and Sen. Brad Hoylman. "If the Landmarks Preservation Commission approves the developer's wish to transfer air rights to build a tall structure at the entrance to this historic street, it could inspire further out-of-context development on St. Mark's Place."

When the developers alter their application, they will return to the commission at a public meeting, where the public can submit written comments.