Electeds' Letter following Monday Meeting

On Monday, August 24, 2009, Borough President Scott Stringer called a meeting of community representatives to discuss the proposed land swap between Jewish Home and the Chetrit group to discuss the next steps. Among others representing the neighborhood were

• Assembly Member O'Donnell's office - Shane Seger
  
• Coalition for a Livable West Side - Madeleine Polayes and Batya Lewton, ,(spelling?)
• Coalition to Preserve West Park North - Vivian Dee
• Community Board 7 - Helen Rosenthal
  
• Cong. Rangel's office - Jeff Margolies
• Council Member Mark-Vivierto's office - Joe Taranto
  
• DEBNA and the Manhattan Valley Preservation Coalition - Glory Ann Kerstein and Blanca Vázquez
• Democratic District Leaders: Bob Botfeld, Cynthia Doty, Joan Paylo
  
• HDFL 105th Street - Haydeé Rosario
• Park West Village Tenants Association - Maggi Peyton, president; Chuck Tice, communications
• P.S. 163's PTA - Wendy Clapp-Shapiro
• P.S. 163 - Jamal J. Scott
• Sheldon Fine (former chairman of Community Board 7)
  
• State Senator Bill Perkins and Frank Pettaway of Senator Perkins' office,
  
• Westsiders for Public Participation - Paul Bunten
• William F. Ryan Community Health Center - Lorraine Leong and Rebecca Russell-Fennell

Below is a letter from Scott Stringer, State Senator Bill Perkins and City Council Member Melissa Mark-Viverito on the issue.

____________________

Audrey Weiner
President and CEO
Jewish Home Lifecare
120 West 106th Street
New York, NY 10025

August 25, 2009

Dear Ms. Weiner:

We are writing to express our serious concerns regarding Jewish Home Lifecare’s (JHL) recently announced land swap agreement with the Chetrit Group. As you know, in 2007 the community, in conjunction with local elected officials, worked tirelessly to rezone the Upper West Side between 97th and 110th Street in an effort to preserve the existing fabric of the neighborhood. After years of ongoing dialogue, we successfully passed a rezoning to contextualize development with height limits, to promote affordable housing, and to stop the proliferation of out-of-scale towers.

Almost immediately prior to certification of this rezoning, JHL requested an exemption for its West 106th Street site in order to maintain the existing R7-2 zoning. JHL argued that the proposed rezoning would hinder its ability to develop new facilities and provide adequate care to the senior citizens they serve. Despite community concerns about how an R7-2 zoning could allow for non-contextual development at the site, the community, in good faith, entered into negotiations with JHL.

JHL’s request was granted primarily because of a belief in the organization’s mission and a Memorandum of Understanding (MOU) that provides commitments for contextual development. These commitments to the city and the neighborhood stated that: a) heights would be restricted to 150 feet (14 stories) for the long-term care facility; b) the height of the new residential building would be limited to 120 feet; c) there would be limited total density on both sites; and d) a new developer would adhere to R8A zoning restrictions on 106th Street and R8B zoning restrictions on 105th Street if JHL sells the property prior to developing its new facility.

In light of this history, we were appalled to learn of the recently announced land swap proposal between JHL and the Chetrit Group. The land swap would allow for a new long-term care facility to be constructed at West 100th Street at Park West Village, and development by the Chetrit Group at the West 106th Street site.

JHL has yet to file a restrictive declaration for the development site at West 106th Street; therefore the site currently has no set height restrictions. The potential of a tower on this site is unacceptable and a clear violation of both the intent and the letter of the MOU. Without the presence of JHL on the site, the community’s worst fears of non-contextual development of the R7-2 zoning could be realized.

We request that JHL take the necessary steps to repair this zoning and prevent out-of-scale development on this site. The West 106th Street site must be rezoned from R7-2 to R8A and R8B as designated by the original rezoning, and it is our firm belief that JHL must take responsibility for ushering this rezoning process through to completion. It is our understanding that discussions on a restrictive declaration binding this site and its future owners to R8A and R8B zoning are ongoing. However, a restrictive declaration could not offer JHL’s neighbors nearly the level of security that a rezoning would. A restrictive declaration could also be the subject of a legal challenge. It is unreasonable to expect that JHL’s neighbors should once again be called on to protect and defend their neighborhood if a legal challenge was needed. A rezoning of the West 106th Street site is the only acceptable solution.

Moving forward, we must continue discussions over the West 100th Street site and the proposed development. However JHL’s commitment to rezoning the West 106th Street site would be an exceptional step towards repairing the ill will generated by JHL’s land swap agreement and would allow us to focus on the proposed development at West 100th Street.

Thank you for your consideration in this matter. We will be reaching out shortly to set up a meeting to discuss the proposed rezoning.

/signed by/

Scott Stringer, Manhattan Borough President
Bill Perkins, NYS Senator
Melissa Mark-Viverito, City Council Member