Section 91-662 - Authorization for modification of bulk provisions and public space in C6-9 Districts
In the South Street Seaport Subdistrict, the City Planning Commission may authorize:
(a) the alteration of any public amenity, open or enclosed, for which a floor area bonus has been granted, provided that the Commission finds that such modifications improve the intended public purpose of the amenity; or
(b) the elimination or reduction of an existing public amenity, open or enclosed, for which a floor area bonus has been granted, provided that a new or improved public amenity, open or enclosed, is supplied elsewhere on, or within proximity to, the zoning lot , and the Commission finds that:
(1) the public amenity to be eliminated no longer serves its original purpose; and
(2) the proposed new or improved public amenity will provide a greater public benefit than the amenity to be eliminated or reduced and will better serve the purposes of the Special Lower Manhattan District ; and
(c) the modification of the applicable height, setback, lot coverage and distance between buildings requirements for any development or enlargement on a designated receiving lot that will incorporate transferred development rights , provided the Commission finds that the modifications:
(1) provide an appropriate distribution of bulk on the zoning lot ;
(2) permit adequate light and air to the development or enlargement and adjoining properties as well as the surrounding streets ; and
(3) will not impair the use and desirability of any public amenity that may be created or improved under the provisions of paragraph (b) of this Section.
If a receiving lot contains an existing building , such authorization shall incorporate any previous height and setback or other bulk modifications, granted prior to December 11, 2001, by the Board of Standards and Appeals, for such existing building .
The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorization.