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(10-6)_________ /Sliver Opponents Lose Bid To Change ZoningBYROBTAYIjORA hope of stopping the construction of a%u201csliver%u201d high-rise in Brooklyn Heights wasdashed by a June 17 Board of Estimate voteagainst a proposed zoning change that wouldiiave restricted tue height ouu COnuiicrCialuse of buildings on the block of Livingston St.between Court and Clinton.The 7-4 vote rejecting the proposedchanges came late in the evening after mostof the neighborhood residents had gone homeassuming that the board would not make thedecision until the next meeting.Livingston St. residents had sought zoningchanges on property that included a six-storyapartment building, the Packer Institute, aprivate school with a landmark church on theproperty, a 32-story former office buildingthat had been converted to residential useand the lot on which the 26-story, %u201csliver%u201dhigh rise is already being built at 67Livingston St.That property was originally zoned for highdensity, commercial development. But withthe conversion of the adjacent office building to residential use, the City Planning Commission said that the zoning was no longerappropriate. The community%u2019s proposedzoning change would permit commercial use,but not high density commercial buildings.Prior to the Board of Estimate vote, 19community residents had testified in favor ofthe changes and five speakers, including the%u201csliver%u201d building%u2019s developer, Lou Greco,spoke against them.Greco characterized the matter as aconflict between his land and the lot line ofthe windows of the neighboring building at 75Livingston St. Several of the building%u2019s residents have windows that will be lost whenGreco%u2019s building is complete. %u201cIt is a dispute between a property owner and hisneighbors,%u201d he said.When 75 Livingston St. (formerly CourtSt.) was converted to residential use, thebuilding developer did not seek the air rightsto the lot next door to insure against the legalpossibility that Greco is now exercising. DomCucinotta, a resident at 75 Livingston, saidthat the defeated %u201canti-sliver%u201d act insuredthat he could purchase his apartment and notlose the windows.But others, including Greco, interpretedthe possible impact of the zoning change, hadit passed, as having no impact on the 67 Livingston project.Despite the support of Brooklyn Heightspublic officials including Rep. StephenSolarz, Assemblywoman Eileen Dugan, StateSenator Martin Connor, and City councilmember Abe Gerges, Board of Estimatemembers, including all five borough presidents and the City Council President, werepersuaded that the zoning changes embodiedin the resolution were inappropriate.Shirley Klein, superintendent of the Brooklyn Office of the New York City Buildings Department said that Greco%u2019s building alreadyhad %u201cvested rights%u201d and could therefore continue to be constructed to its full approved dimensions. Greco has completed thebuilding%u2019s foundation.In a statement released following themeeting, Borough President Howard Goldenacknowledged that the current zoning on thestreet was %u201cclearly out of character with theexisting ucigutkiiuGGu,%u2019 %u2019 uut Saiu lie OppOSeuthe proposed zoning changes because theywould %u201callow equally high residentialtowers.%u201dIn its report to the Board of Estimate, theCity Planning Commission said it had directed a zoning study to be done of all BrooklynHeights neighborhoods. Golden said hesupported this study.In his statement before the Board,however, Gerges said the Board should haveapproved the zoning changes in anticipationof similar situations. %u201cThis is a communityproblem and you should vote affirmatively sothat we don%u2019t have to be here again opposinganother sliver building,%u201d he said.ATURA ApprovedContinued from Page 3and redevelop their properties be excludedfrom Rose%u2019s plan, and the changing of a zoning regulation pertaining to the Atlantic Terminal housing waiving a requirement forthirty-foot backyards.In a related motion, the board unanimouslycarried a motion endorsing concerns of theHousing, Zoning and City Property Comittee,calling for additional parking spaces in theplan, over and above the current provisionfor 1,000 spaces, and a motion stating that therehabilitation of City-owned property accompany the construction of middle-income housing in the ATURA area. By a vote of 32-2-2,the board also approved a recommendationfrom its Planning and District DevelopmentCommittee that buildings material salesescrow account be exclusively spent withinCB2 and with the consultation and approvalof the the community board at the samemeeting.In other action, the board voted itsunanimous approval of the disposition of theCity-owned Strand Theater at 33-57 RockwellPlace to the Public Development Corporationl. PDC is sponsoring the conversion of thefour-story theater into a space for artists anddance groups in collaboration with theBrooklyn Academy of Music Local Development Corporation. The vote included arecommendation that PDC publicize theavailability of space to all minority culturalinstitutions and submit for review any potential candidates to the community board.Near the close of the meeting, Hargettmade another effort to include the ATURAsubcommittee language in the recommendations being sent to the City Planning Commission on the project. %u201cA little extra emphasiseven if it is redundant cannot harm by callingattention to the needs of the community,%u201dParham concurred. 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