By Charles Hack
Green-Wood Cemetery has dropped its opposition to a controversial development at 614 7th Avenue, which they had said threatened a 85-year-old view of the Statue of Liberty from the Minerva statue atop Battle Hill in the graveyard. The decision has miffed South Park Slope and Greenwood Heights downzoning advocates, who also opposed the 70-foot development for being out of scale with a neighborhood dominated by two- and three-story homes. Having the heavy-hitter on their side had been a great boost to their campaign. But negotiations with the developer’s attorneys satisfied the Green-Wood Cemetery’s president that the developers would not build in front of the historical view. “The owner of the property has agreed to protect to the view,” said Richard Moylan, president of the Green-Wood Cemetery. “That was our only concern.” The construction of the building is presently in limbo, as the Department of Buildings (DOB) had placed a stop work order on the development last fall. The department concluded that the development no longer complied with zoning laws that came into effect on November 15. The new regulations ‘downzoned’ the surrounding blocks from R6 to R6B. The R6B district limits front walls to 40 feet, and restricts the overall building heights to 50 feet. Under the old zoning the developer, HMS Associates, would have been allowed to develop the site “as-of-right.” The firm worked furiously to pour the foundations before the new zoning came into effect, so that the building could be “grandfathered in”, or “vested,” under the old regulations. But the work was delayed because of violations, which included failure to adequately secure the site with fencing. The developer ultimately failed to beat the clock. The DOB logged some 58 complaints for the site since February 2005. The owner has now applied to the Board of Standards and Appeals, to request a waiver to allow them to complete the construction according to the original plans. Under that process they must appear before Community Board 7. So far the board has voted to reject the requests of five applications from developers seeking such waivers. The role of community board 7 is solely advisory. The community board was also instrumental in supporting and pushing ahead the Department of Planning’s downzoning of 50 blocks of the neighborhood. Green-Wood Cemetery signed a written agreement with the developers on Jan. 25, agreeing not to testify against the development in upcoming hearings in return for a commitment from the architect that they will not obstruct the historic view. “Since they have agreed to meet our concerns, they would expect that I would not oppose their building,” said Moylan. Moylan said that the two organizations are now asking the DOB to allow a life-size mock-up of the building using scaffolding to show how high the building rises. Moylan said that even under the new zoning law, the project could obstruct the view. He hopes the city will allow the model to be constructed before the stop work order is lifted. Aaron Brashear, co-founder of Concerned Citizens of Greenwood Heights, said the community would continue the battle with or without its former ally. “I think that from our community group’s point of view, while we are shocked and a bit disappointed, we understand that Green-Wood Cemetery needs to look after their interests,” said Brashear. “While this could be seen as a substantial blow, our main concern is that foundations are incomplete.” Original plans submitted to the DOB clearly obstructed the treasured view. After public outcry last spring, the architects had provided revised renderings showing a cut-out of the corner of the building that would have obstructed the sight line. Local groups, including Green-Wood Cemetery, Community Board 7 and Concerned Citizens of Greenwood Heights, however, were not satisfied that the new version would open up the vista – and requested that the design firm in charge of the project, Scarano Architects, provide scale models to support their renderings. The architect offered to build a scaffolding model — if the opponents paid for it. However, months later no such mock-up materialized. Opponents were further angered when they found that the architect had filed an early version of the building plans with the city— without a cut-out. Activists questioned the developer’s sincerity to follow through on their promises. However, Moylan said he was satisfied that the owner is acting in good faith. “I think the owner wants to do the right thing so I am hopeful,” said Moylan. “I think it is an acceptable solution for Green-Wood Cemetery.” Randy Peers, chair of Community Board 7, however, dismissed agreement as too little, too late. “The agreement may or may not have been reached, but that is irrelevant. The time for a mock-up has long passed,” Peers said. “It should have been done long before the new zoning took effect, and quite frankly it is a new ballgame with new rules.” Brashear said he was confident, even without Green-Wood Cemetery on board, that opponents would have a strong case. He pointed out that he expected support from local groups and other members of the community, such as the Four Boroughs Neighborhood Preservation Alliance, and historian and ex-assemblymember Joe Ferris. A representative from Assemblymember James F. Brennan’s office also said he planned to provide testimony against the vesting. Brashear also said he hoped to get a letter of support from David McCullough, author of “1776,” who has spoken on many occasions on the historic view from Battle Hill. The speakers would give testimony on the need to preserve the view, and “technical reasons” why the building should not be vested under the R6B zoning. The land use committee of Community Board 7 will be holding hearings for 614 7th Avenue and 182 15th Street, on Feb. 8 at 6:30 p.m. at Grand Prospect Hall, at 263 Prospect Ave. between 5th and 6th avenues. (718)854-0003.
