142-06-A thru 148-06-A
APPLICANT – Sheldon Lobel, P.C., for Ideal Development Group, Ltd., lessee.
SUBJECT – Application July 6, 2006 – Proposed construction of four two- family homes and three three-family homes located partially within the bed of an unnamed mapped street which is contrary to General City Law Section 35. R5 Zoning District.
PREMISES AFFECTED – 3209 Tiemann Avenue, t/b/k/a 1651, 1655, 1661, 1665, 1671, 1675 Burke Avenue, 3215 and 3225 Tiemann Avenue, Block 4752, Lots 173, 175, 182, t/b/k/a New Lots 170, 171, 172, 174, 176, 177, 178 & 180, Borough of Bronx.
COMMUNITY BOARD #12BX
APPEARANCES –
For Applicant: Zara F. Fernandes.
ACTION OF THE BOARD – Appeal granted on condition.
THE VOTE TO GRANT –
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 June 19, 2006 and on February 7, 2007, acting on Department of Buildings Application Nos. 201051468, 201051477, 201052163, 201052172, 201052181, 201052190, and 201052145 which reads in pertinent part:
“Proposed dwelling is in the bed of mapped street. Comply with Section 35 of the General City Law, refer to the Board of Standards and Appeals for an Administrative Appeal”; and
WHEREAS, a public hearing was held on this application on May 22, 2007 after due notice by publication in the City Record, and then to decision on June 19, 2007 and;
WHEREAS, this application requests permission to build four two-story, two- family homes and three three-story, three-family homes partially in the bed of an unnamed mapped street; and
WHEREAS, by letter dated January 5, 2007, the Fire Department states that it has reviewed the application and has no objections provided the buildings will not be occupied until Burke Avenue is built and open to traffic from Tiemann Avenue to Kingsland Avenue; Burke Avenue will have a minimum curb to curb width of 30’-0”; and
WHEREAS, by letter dated March 21, 2007, the Department of Environmental Protection states that it has reviewed the application and has no objections; and
WHEREAS, by letter dated April 18, 2007, the Department of Transportation (DOT) states that it has reviewed the application and advised the Board that the proposed site plan does not reflect any provisions for a cul-de-sac/turnaround, at the dead end of Tiemann Avenue and that a clearly-defined curbline and a sidewalk with a minimum width of ten feet must be provided for the entire length of the proposed development adjacent to Tiemann Avenue at the intersection due to the angle of the intersection and the curvature of the street; and
WHEREAS, additionally, DOT requests that the owner construct half the width of the mapped street (Burke Avenue) with an additional five feet for the entire length of the unopened Burke Avenue between Tiemann Avenue and Kingsland Avenue for a distance of approximately 220 feet including the construction of roadways, curbs, and sidewalks as well as drainage; and WHEREAS, by letter dated May 8, 2007 the applicant has submitted a revised site plan incorporating additional information about the proposed curbs and sidewalks; the plan also provides that Burke Avenue will be paved for 50 percent plus five feet; and
WHEREAS, the Board notes that the April 18, 2007 letter from DOT did not indicate that DOT intends to include the applicant’s property in its ten-year capital plan; and
WHEREAS, by letter dated June 18, 2007, DOT states that it has reviewed the applicant’s revised submission and has no further comments or objections; and
WHEREAS, based upon the above, the applicant has submitted adequate evidence to warrant this approval.
Therefore it is Resolved that the decision of the Bronx Borough Commissioner, dated June 19, 2006 and February 7, 2007, acting on Department of Buildings Application Nos. 201051468, 201051477, 201052163, 201052172, 201052181, 201052190, and 201052145, 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 June 15, 2007”-(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 lot subdivision is to be as approved by DOB;
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, June 19, 2007.