Air-Rights Transfer For New St. Marks Office Tower Gets Rejected

EAST VILLAGE, NY — The City Council’s Zoning Subcommittee on Wednesday voted down an application by Lower Manhattan developers seeking to transfer air rights from a landmarked house near St. Marks Place.

The decision is the culmination of a process that started in August after the city planning commission voted unanimously to approve an air-rights transfer that would allow developers to transfer air rights from a landmarked house at 4 St. Marks Place to 3 St. Marks Place on 3rd Avenue.

Air rights refer to the ability to control, occupy, or use the space above the land of a property.

The air-rights transfer would have allowed developers to increase the building's size at 3 St. Marks Place by around 20 percent.

The recently built property at 3 St. Marks Place was approved in 2019 and sits directly next to the historic Hamilton Holly House, where Alexander Hamilton used to live.

Local Council Member Carlina Rivera has been a strong advocate against the air-rights transfer and urged her peers to do the same. Additionally, State Sen. Brad Hoylman and Assembly Member Deborah Glick have testified against the application, and Borough President Gale Brewer has also recommended its rejection.

The Greenwich Village Society For Historic Preservation said they were “thrilled” the subcommittee voted down the air-right transfer.

Read More: City Council Hearing Set For Controversial Village Office Tower