Matters

Staten Island Retail Development – New York City Council ULURP Approval

Successfully secured New York City Council approval for Josif A LLC’s 226,000 square-foot retail development in the Mariner’s Harbor section of Staten Island.  Herrick's Land Use and Zoning Group navigated a multi-year public and environmental review process which included interacting with local council member Deborah Rose, as well as the chairs of the City Council’s Zoning Subcommittee, Donovan Richards, and its Land Use Committee, David Greenfield; and culminated in the City Council’s approval of the project’s Uniform Land Use Review Procedures (ULURP) application. The large retail development will be anchored by a 90,000 square-foot BJ’s Wholesale Club, and will include other retail buildings, including a supermarket and gas station. The project will result in the creation of 800 to 1,000 construction jobs, and approximately 440 permanent jobs in the community.

L+M Development Partners – 25 Park Row Construction Financing

Represented L+M Development Partners in a $350+ million financing transaction for the construction and development of a 45-story mixed-use condominium building at 25 Park Row in lower Manhattan. The site is the former headquarters of J&R Music World.

Real Estate Developer – 421-a Exemption

Representation of a Manhattan real estate developer in obtaining a section 421-a real property tax exemption.

Land Use & Zoning Counsel – National Communications Service Provider

Advised a national communications service provider with respect to zoning and land use matters for their portfolio of New York City real estate, including potential acquisitions, re-use and redevelopment opportunities.

Madison Realty Capital – $88 Million Construction Loan – Zoning Due Diligence

Advised Madison Realty Capital on zoning due diligence for a $88 million construction loan to a seven building multi-phase development in Bedford-Stuyvesant, Brooklyn.

Madison Realty Capital – $78 Million Acquisition Zoning Due Diligence

Advised Madison Realty Capital on zoning due diligence for their $78 million acquisition of two industrial buildings in Jamaica, Queens.

Madison Realty Capital – Bushwick Zoning Due Diligence

Represented Madison Realty Capital in zoning due diligence and 421-a vesting due diligence for a new two-building rental complex in Bushwick, Brooklyn.

Deutsche Bank – Manhattan Zoning Due Diligence

Herrick represented Deutsche Bank in zoning due diligence for the redevelopment of 150 Rivington Street, the former site of Streit's Matzo Factory.

Sugar Hill Capital Partners – Zoning Approval

Represented Sugar Hill Capital Partners in successfully securing the reinstatement and continuation of Multiple Dwelling Law waivers from the NYC Board of Standards and Appeals to permit residential apartments within the cellar floors of three Upper West Side buildings located on Central Park West. The continuation of residential use in the cellars was critical to Sugar Hill’s investment in and renovation of the properties.

RAL Development – Union Square Redevelopment

Representing RAL Development on the redevelopment of 124 East 14th Street into a tech-focused office space.

Property Markets Group – Gowanus Redevelopment, Brooklyn

Representing Property Markets Group regarding New York City’s rezoning study for the Gowanus Canal area.

National Communications Service Provider – Sale of East Williamsburg Properties

Represented a national communications service provider in the sale of two properties in East Williamsburg, Brooklyn.

Brooklyn Bridge Park Developers – Zoning Litigation

Representing the developers of Brooklyn Bridge Park's Pierhouse hotel and condominium project, in a suit filed by activists, alleging that the project violates the Special Scenic View District regulations established under the Zoning Resolution.

Major Healthcare Institution – Zoning & Land Use Matters

Representing a major healthcare institution in zoning and land use matters related to their real estate portfolio, and potential acquisitions.

Bushwick Rheingold Brewery Rezoning

Represented Read Property Group on their applications to various New York City agencies for the rezoning of the Rheingold Brewery site in Bushwick, Brooklyn.

$259 Million Hudson Yards Office Tower Investment

Represented Mitsui Fudosan America in land use diligence in advance of a $259 million investment in 55 Hudson Yards, Related Companies' 1.3 million square-foot, Hudson Yards office tower.

Approval to Tear Down Retail Building

Represented William Friedland Properties in obtaining approval to tear down a two story retail building in a Upper East Side historic district.

FIT Investment Corporation – Manhattan Office Building Acquisition and Hotel Development

Representation of FIT Investment Corporation in connection with the zoning analysis and acquisition of 45 East 33rd Street in New York City for a hotel development.

Real Estate Companies – Second Avenue Subway

Representation of major real estate companies in negotiating condemnation matters with the Metropolitan Transportation Authority related to the Second Avenue subway.

Zoning Approvals for SoHo Site

Representation of a developer in obtaining special permit zoning approvals from The City Planning Commission for a Soho residential development.

Domino Sugar Factory Redevelopment

Represented an affiliate of the Community Preservation Corporation in the development of the 11.5-acre waterfront complex in Williamsburg, Brooklyn, that was formerly home to Domino Sugar. We advised CPCR on the site's rezoning, which will result in one of the largest residential redevelopment projects in the city.

We laid the groundwork for the formal land use and environmental review process, collaborating with Mayor Bloomberg's office, community leaders, and city and state departments and agencies on the design and development. This work included obtaining approval from the New York City Landmarks Preservation Commission, special permits pursuant to a zoning resolution by the New York City Planning Commission, approvals from the New York State Department of Parks, Recreation, and Historic Preservation, the New York State Department of Environmental Conservation, and the U.S. Army Corps of Engineers.

Prospect Heights Condominium Development

Represented an affiliate of Escorial in the redevelopment of a former parking garage in Prospect Heights into residential condominiums, including counsel on land acquisition, unused development rights, 421-a certificates, design and construction agreements and the condominium approval process.

The Republic of Turkey’s New York Consulate

Representing the Republic of Turkey in the development and construction of a new and expanded consulate at 46th Street and 1st Avenue across from the UN's General Assembly; a signature project as it expands its diplomatic footprint around the world. Our work includes advice on government relations, real estate development and construction, leasing, land use and zoning.

Manhattan Development Site Acquisition

Represented XIN Development Group International, Inc. (Xin), in the acquisition and financing of a gas station on the west side -- one of the last remaining ground-up construction sites in Manhattan. Xin, the U.S. subsidiary of Xinyuan Real Estate Co., Ltd, a Chinese public company, intends to create a mixed-use space that will include residential condominiums and ground floor retail space.

$220 Million Theater District Financing

Advised Deutsche Bank in land use and zoning matters in connection with a $220 million completion financing loan for a condomininium conversion project in the Theater District.

BSA Approval for Landmark Building Conversion

Represented Lightstone Group in obtaining New York City Board of Standards and Appeals approval for a proposed alteration of a landmark, Garment District office building into a hotel.

Land Use Counsel on World Trade Center Complex

Land use counsel to the Port Authority of New York and New Jersey in connection with the development of the new World Trade Center complex.

CPC Approval for NoHo Historic District Development

Represented Madison Realty Capital in obtaining City Planning Commission approval for a proposed development in the NoHo Historic District.

600-Unit Rental Project in East Harlem

Represented a client on the approval of a redevelopment project for a 600-unit rental building to be built in East Harlem; the project features a 80/20 affordable housing arrangement.

281 Fifth Avenue Assemblage and Sale

Represented the KRE Group in the assemblage of a development site including 281 Fifth Avenue, and the sale of the assemblage to Victor Nomad LLC. The deal included an adjacent air parcel with additional development rights and inclusionary housing certificates.

Brooklyn Power Generating Facility Litigation

Represented the owner of a Greenpoint, Brooklyn waterfront property in a successful New York State Siting Board case against Transgas Energy's proposed waterfront power generating facility.

Manhattan “Sky Garage” Condo Development

Represented Youngwoo & Associates LLC in developing a unique residential condominium building in New York's West Chelsea neighborhood, which features full-floor units with a parking facility for a car at each level. We advised on the land acquisition, construction financing and zoning issues.

Art Gallery Condo Development

Represented Youngwoo & Associates LLC in developing a 16-story condominium in New York's West Chelsea neighborhood. The building is designed to be an art gallery, and our work included an air rights acquisition and construction loan financing.

High Line Acquisitions and Developments

Represented Sherwood Equities in connection with the acquisition of development sites at 508 West 20th Street and 360 Tenth Avenue, near the High Line Park. We also assisted Sherwood with the acquisition and sale of a significant amount of development rights; and the financing and development of the sites.

Toll Brothers – Zoning Analysis

Representing Toll Brothers in connection with the zoning analysis of various New York City properties and development sites.

Counsel on Landmarks Preservation Commission Guidelines

Represented the owners of a former bank branch in their attempts to lease the interior landmark space to a major national drugstore chain. We worked with the chain and its architects in adjusting its national store design guidelines to meet with standards set by the New York City Landmarks Preservation Commission.

BSA Building Permit Challenge

Represented a Brooklyn real estate owner before the New York City Board of Standards and Appeals in connection with a successful effort to prevent adverse parties from obtaining building permits.

Zoning and Land Use Counsel to Steiner NYC

Represented Steiner NYC in connection with the zoning and land use analysis of various New York City development sites, including the site of a 52-story residential rental tower in Downtown Brooklyn.

Staten Island Retail Center Complex Development

Representing the Alpert family in connection with the development of a large shopping center complex in Staten Island. Our work includes a significant Uniform Land Use Review Process application involving street mappings, special permits, government relations activities and an environmental impact statement.

Joint Venture Development of Brooklyn Bridge Park

Advised Toll Brothers City Living, the urban development division of Toll Brothers, Inc. (NYSE: TOL), in its joint venture with Starwood Capital Group to develop a 550,000-square-foot luxury hotel and residential complex at Brooklyn Bridge Park.

Land Use & Zoning Review for West Chelsea Site

Representation of Sherwood Equities with respect to land use and zoning review for various sites in West Chelsea and Hudson Yards.

LPC Review for NoHo Property

Represented a residential building owner with respect to a special permit application and landmarks review for a new property in Manhattan's NoHo neighborhood.

Verizon Wireless – Appellate Victory in Cell Phone Tower Zoning Dispute

Represented Verizon Wireless in the company's successful appeal of a New Jersey township's denial of a variance allowing for the construction of a 140-foot cell tower. The victory followed a more than seven year effort to obtain approval for the project which aimed to provide service in a "dead zone" affecting the Princeton, NJ area. In a unanimous decision, the New Jersey Superior Court, Appellate Division reversed a lower court's ruling, agreed with our argument that the township's zoning board had acted improperly and ordered the board to reconsider the application.

Queens Rezoning Project

Representation of a site owner in connection with an application to up-zone a block containing a development site on Queens Boulevard. The approved rezoning permits the construction of a 12-story residential building and is a significant increase in density from what can currently be constructed on the site.

Rezoning of Williamsburg and Greenpoint Properties

Representation of several property owners in assuring that New York City's extensive rezoning of Williamsburg/Greenspoint maximized the value of their real property.