APPLICANT Joseph A. Sherry, for Abdo Alkaifi, Owner

346-05-A

APPLICANT – Joseph A. Sherry, for Abdo Alkaifi, owner.

SUBJECT – Application December 6, 2005 – Application to permit an enlargement of a commercial structure located partially in the bed of a mapped street (Beach 52nd Street) contrary to Section 35 of the General City Law. Premises is located within the C8-1 Zoning district.

PREMISES AFFECTED – 51-17 Rockaway Beach Boulevard, S/S 0' East of Beach 52nd Street, Block15857, Lot 1, Borough of Queens.

COMMUNITY BOARD #14Q

APPEARANCES –

For Applicant: Loretta Papa.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice-Chair Babbar, and Commissioner Collins...... 3

Negative:...... 0

THE RESOLUTION:

WHEREAS, the decision of the Queens Borough Commissioner, dated November 17, 2005, acting on Department of Buildings Application No. 402191310, reads, in pertinent part:

“A1-The proposed enlargement is on a site partially located in the bed of mapped street therefore no permit or Certificate of Occupancy can be issued as per Art 3, Sect 35 of the General City Law”; and

WHEREAS, a public hearing was held on this application on August 22, 2006 after due notice by publication in the City Record, and then to decision on September 12, 2006; and

WHEREAS, the subject site fronts on Rockaway Beach Boulevard, and extends into a portion of Beach 52nd Street, which runs perpendicular to the Boulevard; and

WHEREAS, Beach 52nd Street dead ends at Rockaway Freeway where it is interrupted and then starts again on the other side of the freeway; and

WHEREAS, the proposed enlargement of the building at the site will increase the encroachment into Beach 52nd Street; and

WHEREAS, by letter dated April 27, 2006, the Fire Department states that it has reviewed the above project and has no objections; and

WHEREAS, by letter dated March 22, 2006, the Department of Environmental Protection states that it has reviewed the above project and has no objections; and

WHEREAS, the Department of Transportation (DOT), in a letter dated July 3, 2006, stated that it reviewed the application and concluded that the proposed development will prevent Beach 52nd Street from being built to AASHTO standard width for additional street capacity to accommodate future traffic generation for two way traffic, as well as for installation of curb parking and a pedestrian sidewalk on both sides of the street; and

WHEREAS, DOT also expressed concern about the lack of provisions for a temporary cul-de-sac to be built prior to the street opening to Edgemere Avenue (which is on the other side of the freeway), and that the proposal would preclude the ability to park on at least one side of the streets; and

WHEREAS, finally, DOT stated that there would be a future “alignment problem”; and

WHEREAS, DOT therefore recommended denial of the application; and

WHEREAS, the applicant, in response, notes the following: (1) that the street will never need to be widened to AASHTO standard width because it will never be connected to the Rockaway Freeway, and thus no traffic increase will ever be generated; (2) that Beach 52nd Street is a dead end street that did not require a cul–de- sac when it was created, that there are other dead ends streets in the area that are configured in the same manner, and that Fire Department has no concerns about the lack of a cul-de-sac; (3) that there are only a few properties fronting on Beach 52nd, and that there is ample parking currently on both sides of the street as well as Rockaway Beach Boulevard and Beach 53rd Street; and (4) that the letter from DOT plainly noted that the improvement of Beach 52nd Street, including a portion of the subject property, was not included in DOT’s Capital Improvement Program; and

WHEREAS, the applicant also noted that the existing building is already within the mapped street; and WHEREAS, finally, the applicant notes that no alignment problem with that portion of Beach 52nd Street across the freeway will occur, since that portion is the same width as the subject portion of Beach 52nd Street; and

WHEREAS, the Board finds that in reviewing the record as well as the photos submitted, the proposed enlargement in the bed of the mapped street is modest and will not create parking deficiencies on Beach 52nd Street; and

WHEREAS, the Board also notes that the Fire Department has not expressed any concerns about access for its equipment in light of the proposal; and

WHEREAS, in sum, the Board agrees with the applicant that none of DOT’s concerns have any merit; and

WHEREAS, accordingly, notwithstanding DOT’s objections, the Board finds that the applicant has submitted adequate evidence to warrant this approval under certain conditions.

Therefore it is Resolved that the decision of the Queens Borough Commissioner, November 17, 2005, acting on Department of Buildings Application No. 402191310, is modified by the power vested in the Board by Section 35 of the General City Law, and that this appeal is granted, limited to the decision noted above; on condition that construction shall substantially conform to the drawing filed with the application marked “Received December 6, 2005”-(1) sheet; that the proposal shall comply with all applicable zoning district requirements; and that all other applicable laws, rules, and regulations shall be complied with; and on further condition:

THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only;

THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and

THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted.

Adopted by the Board of Standards and Appeals, September 12, 2006.