91-72 - Special Permit for Development Over or Adjacent to the Approaches to the
Brooklyn Battery Tunnel

LAST AMENDED
2/2/2011


The City Planning Commission, by special permit, may allow:

(a)   the unmapped air space above the approaches to the Brooklyn Battery Tunnel to be considered a single #zoning lot# and
       may allow the #development# or #enlargement# of a #building# on such unmapped air space, where the #zoning lot# for
       such #development# or #enlargement# shall include only that portion of the area above the approaches to the Brooklyn
       Battery Tunnel and contiguous areas of land or property that are covered by a permanent platform and not designated as
       approaches to the Brooklyn Battery Tunnel.
(b)    the unmapped air space above the approaches to the Brooklyn Battery Tunnel, the unmapped air space above Joseph P.
        Ward Street and the at-grade parcels bounding the northern #street line# of Joseph P. Ward Street to be deemed a single
        #zoning lot#, and in connection therewith:

        (1)    such #zoning lot# shall generate #floor area# only from such at-grade parcels and only those portions of the
                unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or
                #building# existing on November 15, 2007;

        (2)    no #floor area# shall be generated from the unmapped air space above Joseph P. Ward Street; and

        (3)    unused #floor area# generated from those portions of the unmapped air space above the approaches to the
                Brooklyn Battery Tunnel covered by a permanent platform or #building# existing on November 15, 2007, shall
                only be located on the at-grade parcels bounding the northern #street line# of Joseph P. Ward Street and shall
                only be used for #residential# #floor area#.

        Notwithstanding any of the foregoing, the use and occupancy of the unmapped air space above the approaches to the
        Brooklyn Battery Tunnel and of the at-grade parcel bounding the northern #street line# of Joseph P. Ward Street and
        shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel by the New York
        State Triborough Bridge and Tunnel Authority, may be continued and in effect as set forth in Resolutions of the former
        New York City Board of Estimate and as otherwise permitted by law.

        The at-grade parcels of the #zoning lot# bounding the northern #street line# of Joseph P. Ward Street shall be
        considered a #through lot# bounded by Washington Street and West Street from its lowest level to the sky, and only
        such at-grade parcels shall be used to determine compliance with applicable #bulk# regulations other than #floor area#
        and #lot area# regulations.

        For purposes of this paragraph, (b), the at-grade parcels bounding the northern #street line# of Joseph P. Ward Street
        shall mean:

                the at-grade parcel bounding the northern #street line# of Joseph P. Ward Street and shown on the City Map, as
                amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel; and

                the at-grade parcel bounding the northern line of said parcel.

In order to grant such special permit, the Commission shall find that adequate access and #street# frontage to one or more
#streets# is provided; and the streetscape, site design and location of #building# entrances of the proposed #development# or
#enlargement# will contribute to the overall improvement of pedestrian circulation within the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the
character of the surrounding area.