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Wednesday, September 2, 2015

Roosevelt Island Motorgate Garage Issued Violation By NYC Dep't Of Consumer Affairs For Operating Over Car Capacity Listed In Certificate Of Occupancy - RIOC Says Motorgate Garage Not Subject To NYC Permitting And Zoning Regulations

Yesterday, I asked Roosevelt Island Operating Corp (RIOC) President Charlene Indelicato:

Is it true that the Motorgate Parking Garage lost its license?

Frank Farance reports being told by a NYC Department Of Consumer Affairs Inspector yesterday that the Motorgate Garage lost its license.

According to Frank:
Motorgate Garage has lost its parking lot license. According to DCA inspector, there are multiple problems, including the misrepresentation of "710" spots (when there are 1522), and the bicycle spots. Apparently, others have seen this problem, too, which is why DCA (Department of Consumer Affairs) was there. Anyway, checked the DCA register and the license is not in their database....
 If true, why was the license lost and will there be any change in parking services?

Any comment from RIOC to clear this up?

Ms. Indelicato replies:
When RIOC’s predecessor, the Urban Development Corporation (“UDC”), constructed the parking lot in 1974, it had an original car capacity of up to about 1,000 parking spaces. UDC built the parking garage according to New York State standards and specifications. In 1990, as part of the construction of Manhattan Park, it was agreed that Motorgate would also expand by another 710 parking spaces, to accommodate additional parking needs of the residents for that residential development. It was also agreed that that the parking expansion would be built by the Manhattan Park developer according to New York City specifications because Motorgate would revert back to New York City upon the expiration of RIOC’s Master Lease agreement. The signage in the parking garage, indicating a car capacity of 710 spaces, reflects the Manhattan Park expansion of the garage and not the garage’s full capacity because only the Manhattan Park addition was built to New York City specifications. Central Parking operates Motorgate, in accordance with New York State specifications, while RIOC is responsible for major issues concerning the facility’s infrastructure.

The New York City Department of Consumer Affairs (“DCA”) issued a violation to Central Parking for operating Motorgate over the car capacity recognized by the Certificate of Occupancy, issued by the New York City Department of Buildings (“DOB”). It is RIOC’s position, that RIOC, being a public benefit corporation of the State of New York, can override New York City zoning regulations pursuant to Section 6389(3) of the unconsolidated laws of the State of New York. RIOC does not need a New York City permit to operate the Motorgate facility, nor is it subject to New York City zoning regulations. Central Parking’s Government Affairs team is working to resolve this matter with DCA and emphasized that this issue is not uncommon as it has dealt with DCA on similar matters with other state agencies of which it has contracts such as Health and Hospitals Corporation, the Department of Transportation, the Metropolitan Transit Authority, and Battery Park City. Central Parking remains confident that this matter will be resolved because despite DOB’s Certificate of Occupancy, Motorgate is not subject to New York City regulations and therefore is not operating in violation of the DOB issued Certificate of Occupancy.”