Halletts Point Astoria Rezoning
On Thursday September 29th, the New York City Council – in a nearly unanimous vote – approved the Halletts Point rezoning and waterfront development plan. We are proud to have been land use counsel for this remarkable and transformative project, which will include nearly one-million square feet of mixed-use floor area, approximately 335 units of affordable housing, and over one acre of publicly accessible open space. The development required the approval of several complex zoning actions (including a rezoning and waterfront access approvals), pursuant to the Uniform Land Use Review Procedure (ULURP). As a result of our efforts in guiding the project through ULURP, the project received recommendations for approval from Queens Community Board 1, Queens Borough President Donovan Richards, as well as near unanimous votes for approval from the New York City Planning Commission and the New York City Council. The project will transform the Halletts Point Peninsula, while simultaneously addressing the City’s affordable housing problem.
Domino Refinery Building – Special Permit Modification
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.
Bank Leumi – $79 Million Manhattan Construction Loan
Represented Bank Leumi USA in a $79 million construction loan for development of the properties located at 224 and 238 West 124th Street, New York, which will be developed as an 18-story, “70/30” rental apartment building containing 168 units (51 of which are affordable). This deal involved unusual zoning subdivision issues as well as coordination with HPD and HUD on various deal components.
Rabsky Group – Commercial Floor Area Disposition Approved
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.
Slate Property Group – Zoning Analysis for Forest Hills Development
Represented Slate Property Group by providing a zoning analysis and zoning opinion letter for construction loan financing in connection with the development of a 166-unit, residential development located at In Forest Hills, New York.
Mitsui Fudosan and SJP Properties – 200 Amsterdam
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.
Goldman Sachs – Zoning for $240 Million Development – 80 Flatbush
Represented Goldman Sachs as zoning counsel for a $240 million construction loan for Phase One of the final major downtown Brooklyn development project at 80 Flatbush Avenue. The overall project includes five buildings and over 800 apartments, 200,000 square-feet of office space, 40,000 square-feet of retail and two schools. Phase One is a nearly 500-foot-tall tower with about half the overall units. The block-sized project included multiple entitlements from the City and a complex development rights arrangement.
Blackstone – Land Use & Zoning for Terminal Warehouse – Manhattan
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.
Harbor Group International – Purchase of Black Rock Tower – Manhattan
Represented Harbor Group International in the zoning and land use for their $760 million purchase of the granite tower, known as Black Rock, at 51 West 52nd Street in Manhattan from ViacomCBS Inc.
69 Adams LLC – Zoning & Land Use Review
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.
Apollo Global Management – Land Use Review for Brookfield Properties – Bankside Project
Represented Apollo Global Management in the land use and zoning due diligence for the next phase of Brookfield Properties’ Bankside Project at 101 Lincoln Ave in the South Bronx of NYC.
Rabsky Group – Land Use Due Diligence for Gowanus Development
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.
ASPCA – Zoning Resolution Determination
Herrick partnered with the ASPCA on a pro bono basis to enable them, under zoning, to provide overnight animal boarding their veterinary clinics. The Department of Buildings generally does not allow overnight animal boarding in areas not zoned for manufacturing use, and the ASPCA’s property is zoned for residential and commercial use. We drafted a zoning memorandum and a Zoning Resolution Determination (ZRD1) which outlined a legal strategy to allow for overnight animal boarding at clinics they operate in the five boroughs.
Blackstone – Land Use & Zoning for Manhattan Development
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.
Two Trees – Zoning for Additional Domino Sugar Development – Brooklyn, NY
Herrick partnered with Two Trees to obtain approval from the City Planning Commission for a modification of the Large-Scale General Development Special Permits and Restrictive Declaration for the Domino Sugar Development on the Williamsburg waterfront in Brooklyn, NY. The modified approval will allow for the addition of approximately 1,000 square feet of open space to Domino Square and a modified and design for one of the five buildings within the larger development. The new building will now contain more than 640K square feet of floor area and approximately 560 residential units. When fully built, the entire Domino Sugar Development will include approximately 2.75 million square feet of floor area and 4.8 acres of public open space.
MRP Realty – 405 Park Avenue – Development Rights Transaction
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.
G4 Capital Partners – 127 West 23rd Street, Manhattan
Represented G4 Capital Partners on zoning and land use review regarding a $75 million loan for a 30-story office tower at 127 West 23rd Street in Chelsea.
Rubenstein Partners and Acme Smoked Fish – Zoning Guidance
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.
Fleet Center – Zoning Approved for 14 Stories in Brooklyn
Represented Fleet Center, Inc. in obtaining approval of a zoning map amendment by the New York City Council to modify the decision by the City Planning Commission restoring our client’s proposed building to 14-stories with over 200,000-sq.-ft. for planned community facility and office uses.
Goldman Sachs – Zoning Due Diligence for Financing of Major Long Island University Redevelopment
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.
BFC Partners – City Council Approval – Bedford Armory Redevelopment
Successfully helped BFC Partners obtain New York City Council approval to redevelop the Bedford Union Armory in Crown Heights, Brooklyn, into a 500,000-sq.-ft., mixed-use property with a recreational facility, community venue and office and commercial space.
Deutsche Bank – $200 Million Loan for One Wall Street
Represented Deutsche Bank on zoning and landmarks due diligence for a $200 million loan to Macklowe Properties for the redevelopment of the landmarked building at One Wall Street.
Rose Associates – Inclusionary Housing Application
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.
Artis Senior Living LLC – NYC Land Use and Zoning
Represent Artis Senior Living LLC, national long term care operators, on property review and zoning regulations related to potential development in New York City.
Goldman Sachs – General Land Use Due Diligence
Represented Goldman Sachs on various land use and zoning due diligence matters throughout New York City.
RAL Development – Union Square Tech Hub
Represented RAL Development Services on the redevelopment of 124 East 14th Street into a 21-story, 240,000-sq.-ft. tech-focused office space. The building, which Mayor de Blasio called “the front door for tech in New York City,” is a joint venture between the city's Economic Development Corp. and our client RAL. Located on city-owned land, the $250 million project will offer affordable technology training for New Yorkers seeking to join the digital economy.
Josif A LLC – Staten Island Retail Development
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.
Mitsui Fudosan – $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-sq.-ft, Hudson Yards office tower.
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.
The Lightstone Group – Public Plaza Floor Area Bonus for 130 William Street
Successfully secured a public plaza floor area bonus from the City Planning Commission Chairperson for The Lightstone Group's development of 130 William Street, a 60-story residential condominium in the Financial District. The 5,137-sq.-ft. public plaza will permit an additional 31,902-sq.-ft. of zoning floor area within the building.
G4 Capital Partners – 200 Kent Avenue
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.
G4 Capital Partners – 88 Wall Street
Represented G4 Capital Partners in the zoning due diligence for 88 Wall Street where the current office building is being converted to a 98,000-sq.-ft. hotel and restaurant.
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.
Defending Challenge Construction of High-Rise Residential Tower
Represent owner/developer in the zoning for their development of Manhattan high rise residential condominium building, including opposing an effort to halt construction and a challenge to the project’s approval brought by local community groups.
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 – $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 – 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 – West End Avenue
Assisted Deutsche Bank in the closing of a $150+ million loan for 1-15 West End Avenue, a residential tower in the Riverside South complex on Manhattan's Upper West Side.
Telecommunications Provider – Sale of East Williamsburg Properties
Represented a national telecommunications service provider in the sale of two properties in East Williamsburg, Brooklyn.
National Communications Service Provider – Land Use & Zoning Counsel
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.
NY Developer – Expedited Zoning Determination in Chinatown
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.
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.
Property Markets Group – Gowanus Redevelopment, Brooklyn
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.
Deutsche Bank – Manhattan Zoning Due Diligence
Represented Deutsche Bank in zoning due diligence for the redevelopment of 150 Rivington Street, the former site of Streit's Matzo Factory.
Read Property Group – 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.
William Friedland Properties – 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
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.
Toll Brothers – Zoning Analysis
Representing Toll Brothers in connection with the zoning analysis of various New York City properties and development sites.
Real Estate Developer – Zoning Approvals for SoHo Site
Represented a real estate developer in obtaining special permit zoning approvals from The City Planning Commission for a Soho residential development.