As proposed, the DCP text limits only enclosed void spaces, and risks inadvertently incentivizing the use of unenclosed mechanical voids and stilts. Unless modified to remove the word “enclosed,” the proposal may not even impact the “barbell” building at 249 East 62nd Street, which features an egregious 150 foot void and galvanized FRIENDS’ and DCP’s work on this issue. This week, in response to a joint effort from a chorus of elected officials and FRIENDS, the Department of Buildings announced that it will require written review of the void condition from the Fire Department before the project can move forward. This referral to the FDNY is a step in the right direction, but the DCP proposal must also be amended to address this gaping loophole.

Furthermore, DCP proposed that in high density residential zoning districts and their equivalents (including First, Second, Third, and York Avenues on the Upper East Side) enclosed mechanical voids taller than 25 feet would count toward a building’s allowed floor area, and would count in their entirety if they are within 75 feet of each other. Though focused on residential buildings, the proposal would apply to some mixed use buildings as well. Though we understand DCP’s desire to establish limits while permitting design flexibility, 25 feet is overly generous for most mechanical needs, and allowing voids every 75 feet is far too frequent. All types of voids and stilts must be covered by this action, and the 25’/75′ thresholds should be significantly tightened.

While not a perfect solution, FRIENDS believes the Zoning Text Amendment is a critical first step. We plan to address our concerns with the proposal, including the senseless exclusion of unenclosed voids and stilts, the continued allowance of multiple exempt mechanical floors, and the seemingly arbitrary choice of 75 feet to prevent clustering.

Join us on Wednesday to make your voice heard!