Land Use & Zoning

Obtained approval from the City Planning Commission of a minor modification of a special permit in connection with the Domino Sugar Development on the Williamsburg waterfront. The City Planning approval, along with a previously granted Landmarks Preservation Commission approval, will allow for the historic facades of the Domino Refinery building to be preserved within a 14-story 195-foot tall dramatic glass barrel-vault.

Represented the Rabsky Group in obtaining authorization for New York City to sell approximately 100,000 square feet of commercial floor area to our client. The commercial space will be added to the 150,000 square feet of residential space already existing on our client’s property to facilitate the construction of our client’s proposed 25-story, approximately 250,000 square foot mixed-use development at 69 Adams Street in the DUMBO neighborhood of Brooklyn.

Achieved significant victory in a high-profile, multi-year dispute over the approximately $1 billion dollar development at 200 Amsterdam—an important ruling for both Herrick clients and developers throughout New York City. Herrick represented Mitsui Fudosan and SJP Properties as co-counsel in the zoning litigation involving their development of the luxury high rise building when a neighborhood coalition of Upper West Side residents and politicians challenged the Department of Building's approval of the project and two approvals by the NYC Board of Standards and Appeals. The community groups argued that the developers created an illegal zoning lot - which was an unusual shape and utilized partial tax lots. In 2020, even though a N.Y.S. trial judge previously denied an injunction and held that the opponents failed to show a likelihood of success, the judge thereafter ordered that our clients deconstruct several floors of the already built same 52-story building. In March 2021, the N.Y.S. Appellate Division unanimously reversed and ruled in favor of the developers, finding that the building permit was lawful and that the trial court should have deferred to the N.Y.C. Board of Appeals. Opponents sought leave to appeal to the N.Y. Court of Appeals. In September 2021, the N.Y. Court of Appeals denied the opposition group’s motion for leave to appeal.

Herrick acted as zoning and land use counsel to Blackstone for a $1.2 billion construction loan to L&L Holding Company and Columbia Property Trust for redevelopment of the Terminal Warehouse in West Chelsea, Manhattan. The 1.3 million-square-foot asset occupies the entire block bounded by 11th and 12th avenues (the West Side Highway), and West 27th and West 28th streets.

Represented 69 Adams LLC in the drafting and review of Restrictive Declarations and zoning lot merger documents opposite NYC’s Economic Development Corporation. Herrick also provided a zoning opinion letter for construction loan financing in the amount of approximately $150 million to allow for the development of a 26-story, approximately 250,000 square foot mixed-use development at 69 Adams Street in the DUMBO neighborhood of Brooklyn.

Represented the Rabsky Group in the land use due diligence for the $92 million construction loan for a large mixed-use project in Brooklyn’s Gowanus neighborhood.

Herrick acted as zoning and land use counsel to Blackstone for a $322 million loan to developers Zeckendorf Development, Atlas Capital Group and The Baupost Group to finance a portion of the land acquisition and pre-development work at 570 Washington Street. The planned development is a two-tower condominium development rising 450 feet and encompassing a full city block near Google’s St. John’s Terminal campus.

Represented MRP Realty in connection with the acquisition of over 27K-sq.-ft. of unused development rights from a neighboring property through zoning lot merger, along with a related light and air easement. The development rights will facilitate the expansion and renovation of 405 Park Avenue, a major office building in Manhattan.

Represent the joint venture between Rubenstein Partners and the famous Acme Smoked Fish company as they develop a new factory as part of a mixed office/retail development at 18 Wythe Avenue.

Represented Goldman Sachs in the zoning due diligence for the $225.6 million financing of a major redevelopment at the Brooklyn campus of Long Island University. LIU plans to construct a residential high-rise containing roughly 30% affordable units, as well as a garage structure and a rooftop athletic field.

Represented Rose Associates in connection with the completion of an Inclusionary Housing application for the property located at 210 Livingston Street in Brooklyn, New York. 210 Livingston is a 368-unit residential tower in Downtown Brooklyn developed with Benenson Capital Partners, containing 44,000 square feet of affordable housing financed by tax-exempt and taxable bonds through the New York State Housing Finance Agency.

Represented Goldman Sachs on various land use and zoning due diligence matters throughout New York City.

Successfully secured New York City Council approval for Josif A LLC’s 226,000-sq.-ft. retail development in the Mariner’s Harbor section of Staten Island. We 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 Procedure (ULURP) application.

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.

Represented an affiliate of G4 Capital Partners in the zoning due diligence for a 110,000-sq.-ft. project which includes a Trader Joe’s at 200 Kent Avenue in Williamsburg, Brooklyn.

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.

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

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

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

Represented a major New York developer in an expedited zoning determination from the Department of Buildings on a complicated and oddly-shaped hotel site in Chinatown.

Representing Property Markets Group (PMG) regarding New York City’s rezoning study for the Gowanus Canal area. Herrick successfully completed a year-long review process at the New York City Planning Department to "certify" the Gowanus Canal public access plan – include a 20,000 sq. ft. shorefront esplanade PMG's development site at Sackett and Bond Streets. We are thrilled that PMG is one of the first developers in the Gowanus to gain approval from City Planning following the November 2021 rezoning of the area. This critical milestone and approval will now allow PMG to proceed with a Building Permit to allow construction at their site – providing the team with enough time to complete construction and qualify for the now-expired 421-a program before the final June 2026 deadline. The Development is currently planned to include 500+ units of housing, including a significant permanently affordable housing component, ground floor retail, and a publicly-accessible esplanade and open space filled with recreational activities, art, and amenities along the Gowanus Canal.

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

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