APPLICANT New York City Board of Standards and Appeals

105-05-A

APPLICANT – New York City Board of Standards and Appeals.

OWNER: Elizabeth Iocovello.

SUBJECT – Application May 9, 2005 – To consider dismissal for lack of prosecution.

PREMISES AFFECTED – 3242 Reservoir Oval East, south side, approx. 240’ east of Bainbridge Avenue, west of Holt Place, Block 3343, Lot 28, Borough of The Bronx.

COMMUNITY BOARD #7BX

APPEARANCES –

For Applicant: John Saracco.

ACTION OF THE BOARD – Application dismissed.

THE VOTE TO DISMISS–

Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson………………………………………………4

Negative:...... 0

THE RESOLUTION:

WHEREAS, the decision of the Bronx Borough Commissioner, dated April 12, 2005, acting on Department of Buildings Application No. 200944522, reads, in pertinent part:

“Proposed construction is located within the bed of a mapped street contrary to Section 35 of the General City Law.”; and

WHEREAS, this is an application to permit, within an R7-1 zoning district, the construction of a multi-family residential building within the bed of a mapped street, contrary to Section 35 of the General City Law; and

WHEREAS, the application was filed on May 9, 2005; and

WHEREAS, on June 8, 2005, Board staff sent notification about the application to the Department of Transportation (DOT), the Department of Environmental Protection (DEP), and Community Board 1, Queens; and

WHEREAS, on July 14, 2005, the Board received a letter from DEP requesting that a survey be performed since there was an Adopted Drainage Plan for a future sewer to be installed at Reservoir Oval East; Board staff sent the letter to the original applicant, David Vandor; and

WHEREAS, on August 9, 2005, the Board received a letter from the Fire Department stating that it had no objection to the application; and

WHEREAS, on August 22, 2005, the Board received a letter from DOT stating that it would require a 10 ft. sidewalk between the curb and the new structure; Board staff sent the letter to the original applicant, David Vandor; and

WHEREAS, in December 2005, Board staff contacted the applicant for a status update and was informed that the owner was investigating whether or not to proceed with the project; and

WHEREAS, on March 14, 2006, the original applicant, David Vandor, informed the Board that he was no longer representing the owner and that John Saracco, the architect for the project, would be prosecuting the application; and

WHEREAS, on July 31, 2006, Board staff sent John Saracco the DOT and DEP letters; and

WHEREAS, on August 1, 2006, the new applicant submitted a letter stating that the owner planned to proceed with the application and would respond to the DOT and DEP requests; and

WHEREAS, the Board did not receive any subsequent response from the applicant; and

WHEREAS, at hearing, the Board asked the applicant about the status of the application; and

WHEREAS, the applicant responded that due to the owner needed additional time to determine whether or not the project was financially viable, given the expense of the sewer system; and

WHEREAS, accordingly, the Board placed the matter on the calendar for a dismissal hearing; and.

WHEREAS, on November 16, 2006, the Board sent the applicant a notice stating that the case had been put on the January 23, 2007 dismissal calendar; and

WHEREAS, the applicant did not respond to this notice; and

WHEREAS, because of the applicant’s lack of prosecution of this application, it must be dismissed in its entirety.

Therefore it is Resolved that the application filed under BSA Cal. No. 105-05-A is hereby dismissed for lack of prosecution.

Adopted by the Board of Standards and Appeals, January 23, 2007.