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THE
COUNCIL OF THE CITY OF NEW YORK

COUNCIL MEMBER GALE A.
BREWER    

CITY
HALL

NEW
YORK, NY 10007

TEL:  212-788-6975

FAX: 
212-513-7717

www.council.nyc.gov

FOR IMMEDIATE RELEASE

July 13, 2010

***MEDIA
ALERT***

Contact: Jesse Bodine

Office : (212) 873-0282

Brewer
Applauds Preservation Decision:

BSA
Reverses Course, upholds HPD’s Jurisdiction Over Endangered West Side Brownstone at 330 West 86 Street

New
York, NY— In
an important case, the Board of Standards and Appeals (BSA) reversed course on
Tuesday, July 13, agreeing that the Department of Housing
Preservation and Development (HPD) has jurisdiction over the fate of 330 West 86th Street,
in Manhattan.
The four story brownstone near Riverside
Park lies in the proposed
West End Historic District, and was slated for demolition by a developer
calling itself "Dark Horse."

"This
decision vindicates the community advocates who opposed the demolition,"
said Council Member Gale A. Brewer (D-Manhattan). "BSA has recognized that, as a
matter of law, the site and the plans of Dark Horse Development are subject to
HPD's jurisdiction and to the regulations covering properties administered
under UDAAP (Urban Development Action Area Project)."

Background: The building was sold to its residents
by HPD through the Urban Development Action Area Project (UDAAP) in 1999. It
was then re-sold to Dark Horse Development, which later sued the city, seeking,
among other remedies, to be exempted from UDAAP regulations that restricted the
site to a building of four units. Dark Horse also applied at the Department of
Buildings (DOB) for permits to demolish 330 West 86th Street, and
replace it with a 17 story "sliver building." DOB disapproved the
plans because they did not adhere to the intention of the UDAAP. This decision
was overruled by BSA, but now after an intense campaign of letter writing by
advocates and Council Member Brewer's office, BSA has reversed its decision; HPD
and UDAAP are the controlling agents on the fate of 330 West 86th Street. 

“HPD
must have the time and legal purview to resolve the unique controversies that
have arisen in the UDAAP program,” stated Brewer in her testimony to the
BSA last month.

"We are very
pleased,” said Brewer upon hearing the BSA decision. “UDAAP is
intended to preserve and revitalize existing buildings by remedying violations
and making repairs. It was never intended to
create a low-cost incentive to private developers to demolish buildings that
should be landmarked. This decision will aid the efforts of the Landmarks
Preservation Commission and preservation advocates to preserve the area
surrounding West End Avenue
as an historic district."

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