New dorm's air rights questioned
Cat Contiguglia
Issue date: 4/18/07 Section: News
Lawyers, historic-preservation advocates and community members challenged the transfer of air rights at the site of NYU's future Twelfth Street residence hall, during a hearing yesterday
At the hearing, which was held in front of the Board of Standards and Appeals, the planned dormitory's opponents claimed that the U.S. Postal Service acted improperly by selling its air rights so that NYU can build a 26-story structure.
The air rights were transferred from the post office to Hudson LLC, the company in charge of constructing the new 12th Street dorm, which challengers yesterday said the post office did not have the right to do because they are not under city zoning jurisdiction.
Alicia Hurley, NYU's associate vice president of government and community affairs, said NYU was one of several options to develop on the property.
"The building was going to be this tall regardless of if it was NYU or a hotel or private high-end residence," she said.
Among those testifying were representatives from the offices of New York Democrats Rep. Jerrold Nadler and Sen. Tom Duane, the Manhattan borough president's office and city councilwoman Rosie Mendez.
Under the laws allowing the transfer of air rights in New York City, the party that sells its rights can no longer build above a certain height. Because the post office is a federal agency, however, the Supremacy Clause of the Constitution exempts it from this rule, allowing it to build outside of zoning requirements.
The Supremacy Clause says that the federal law is the supreme law of the land, which in this case means that if a post office requires more space than allotted by local zoning laws, they are allowed to violate those zoning laws.
Andrew Berman, executive director of the Greenwich Village Society for Historic Preservation, testified at the hearing. He said that with the air rights purchased from the U.S. Postal Service, the NYU dorm will exceed zoning size restrictions by 55 percent. He said under zoning restrictions, the dorm should be about 10 floors fewer than planned, making it only 15 floors.
At the hearing, which was held in front of the Board of Standards and Appeals, the planned dormitory's opponents claimed that the U.S. Postal Service acted improperly by selling its air rights so that NYU can build a 26-story structure.
The air rights were transferred from the post office to Hudson LLC, the company in charge of constructing the new 12th Street dorm, which challengers yesterday said the post office did not have the right to do because they are not under city zoning jurisdiction.
Alicia Hurley, NYU's associate vice president of government and community affairs, said NYU was one of several options to develop on the property.
"The building was going to be this tall regardless of if it was NYU or a hotel or private high-end residence," she said.
Among those testifying were representatives from the offices of New York Democrats Rep. Jerrold Nadler and Sen. Tom Duane, the Manhattan borough president's office and city councilwoman Rosie Mendez.
Under the laws allowing the transfer of air rights in New York City, the party that sells its rights can no longer build above a certain height. Because the post office is a federal agency, however, the Supremacy Clause of the Constitution exempts it from this rule, allowing it to build outside of zoning requirements.
The Supremacy Clause says that the federal law is the supreme law of the land, which in this case means that if a post office requires more space than allotted by local zoning laws, they are allowed to violate those zoning laws.
Andrew Berman, executive director of the Greenwich Village Society for Historic Preservation, testified at the hearing. He said that with the air rights purchased from the U.S. Postal Service, the NYU dorm will exceed zoning size restrictions by 55 percent. He said under zoning restrictions, the dorm should be about 10 floors fewer than planned, making it only 15 floors.
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