149-05-A
APPLICANT – Eric Palatnik, P.C., for Gregory Broutzas, owner.
SUBJECT – Application February 21, 2006 – Extension of Time to complete construction and to obtain a Certificate of Occupancy. On November 1, 2005 BSA issued a resolution determining that the owner of the premises had obtained a vested right to continue construction under DOB permit No. 401867618 and reinstated the permit for a period of six months to expire on May 1, 2006. The premise is located in an R2A zoning district.
PREMISES AFFECTED – 32-29 211th Street, east corner of 32nd Avenue and 211th Street, Block 6061, Lot 10, Borough of Queens.
COMMUNITY BOARD #11Q
APPEARANCES –
For Applicant: Eric Palatnik.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Chin and Commissioner Collins…...... 4
Negative:...... 0
THE RESOLUTION –
WHEREAS, this is an application for an extension of the time to complete construction previously granted by the Board upon a November 1, 2005 determination under the subject calendar number that the owner of the subject premises has obtained a vested right to continue construction under Department of Buildings (“DOB”) Permit No. 401867618 (the “Permit”); and
WHEREAS, a public hearing was held on this application on April 25, 2006, after due notice by publication in the City Record, and then to decision on May 16, 2006; and
WHEREAS, the subject premises is a 4,500 sq. ft. lot located on the east side of 211th Street, south of 32nd Avenue; and
WHEREAS, the subject premises is occupied by an existing one-family dwelling that is proposed to be enlarged under the Permit; and
WHEREAS, at the time that the Permit was issued (May 4, 2004), the premises was within an R2 zoning district, where such conversion was permitted; and
WHEREAS, on April 12, 2005, the City Council approved the rezoning proposal for the subject neighborhood; consequently, the subject premises is now within an R2A zoning district, where the conversion is not permitted; and
WHEREAS, because of the rezoning, the applicant subsequently filed an application for a finding that the owner had vested rights under the Permit, stating that vested rights to proceed under the Permit had been acquired based upon the amount of work performed and the amount of expenditures made; and
WHEREAS, the Board granted this application on November 1, 2005, ordered that the Permit be reinstated, and allowed six months for the completion of construction; this grant expired on May 1, 2006; and
WHEREAS, the applicant states that the delay in construction is due to the Permit not being reinstated by DOB until February 13, 2006 and because of the contractor’s scheduling conflicts; and
WHEREAS, the applicant states that it will likely take approximately one year to finish construction and obtain necessary DOB sign-offs; and
WHEREAS, in sum, the Board finds it appropriate to grant the requested extension of time, since good faith efforts to complete construction have been made since the original reinstatement.
Therefore it is Resolved that the Board and reinstates DOB Permit No. 401867618 for a period of one year from date of the expiration of the original reinstatement, to expire on May 1, 2007, subject to DOB review and approval of plans associated with the Permit.
Adopted by the Board of Standards and Appeals, May 16, 2006.