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Excerpt from “The Heart of the City: Creating Vibrant Downtowns for a New Century”
Alexander Garvin, Author
Anne R. Goulet, Contributing Author
A good example of difficult cross-agency coordination and next-to-impossible regulatory conditions is the design and construction of a 20-story hotel and condominium located on a Park Avenue corner in Manhattan.
The building comprised multiple tax lots, spread across two different zoning, code, and fire districts. The power provider, Con Edison of New York (ConEd), required after construction had started and the foundations were nearly complete that the developers provide a large electrical transformer inside their building to serve the entire block, in order to compensate for the increased power draw on the surrounding properties. To accommodate this, the developers needed to add several large concrete electrical vaults with ventilation grates underneath the public sidewalks at both streets, re-design the basement and lobby, relocate the main hotel entrance, and split-off the condo entrance.
In addition to adhering to ConEd engineering criteria, the vault placement was also regulated by the NYC Department of Buildings (DOB) and the NYC Department of Transportation (DOT). The NY State Metropolitan Transit Authority (MTA) also regulated the sidewalks above the subway platform, where the vault was located; the United States Postal Service (USPS) had regulations about building entrance doors and street address numbers relative to the vault; and the NYC Department of Health and Mental Hygiene (DOHMH) had regulations for the outdoor restaurant seating nearby. The hotel management also needed to address a different set of US Federal Occupational Safety and Health Administration (OSHA) regulations that would apply after they were operational, as well as basic ADA and ANSI compliance issues.
Not only were the design and regulatory approvals exceedingly complicated, costly, and lengthy, but the agency requirements also complicated/slowed the construction process and increased the cost of the project and the developer’s various insurance policies. To further complicate the situation, the NYC Department of Finance (DOF) and the NY State Attorney General (AG) considered the condominium portion of the building to be a different business entity than the hotel portion. Thus, separate paperwork, calculations, and filings were required from start-to-finish, even though the physical basement, lobby, and sidewalk area were all one unified property.