APPLICANT Stadtmauer Bailkin, LLP, for Philip Zerillo and Peter Zuccarello, Owners

267-06-BZ

CEQR #07-BSA-024Q

APPLICANT– Stadtmauer Bailkin, LLP, for Philip Zerillo and Peter Zuccarello, owners.

SUBJECT – Application September 29, 2006 – Variance (§72-21). On a lot consisting of 5,902 SF, and located in an R2 district, permission sought to construct a two-story plus cellar commercial building. The structure will contain 3,431 SF (FAR .58), and will have five accessory parking spaces. The uses therein will be UG6 professional offices. Currently the site is improved with a 1,507 SF two-story, one-family vacant residential structure with a detached garage.

DOB Objection: §22-00: Proposed use is contrary to district use regulations.

PREMISES AFFECTED – 148-29 Cross Island Parkway, Block 4486, Lots 34, 35, Borough of Queens.

COMMUNITY BOARD #7Q

APPEARANCES –

For Applicant: Steven Sinacori.

ACTION OF THE BOARD – Application 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 Queens Borough Commissioner, dated August 31, 2006, acting on Department of Buildings Application No. 402416587, reads, in pertinent part:

“The proposed NB construction is contrary to section 22-00 of the Zoning Resolution.”; and

WHEREAS, this is an application under ZR § 72-21, to permit, on a site within an R2 zoning district, the construction of a two-story commercial building, which is contrary to ZR § 22-00; and

WHEREAS, a public hearing was held on this application on January 9, 2007, after due notice by publication in the City Record, and then to decision on January 30, 2007; and

WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, consisting of Chair Srinivasan, Vice-Chair Collins, and Commissioner Ottley-Brown; and

WHEREAS, Community Board 7, Queens, recommends approval of the application on the condition that the parking lot lighting be directed down and away from nearby residences, that landscaping be provided, and that any graffiti be removed immediately; and

WHEREAS, the Queens Borough President Helen Marshall recommends approval of the application; and

WHEREAS, State Senator Frank Padavan, Assemblywoman Ann-Margaret Carrozza, City Councilmember Tony Avella, and Queens County Clerk Gloria D’Amico all submitted letters in support of this application; and

WHEREAS, the Greater Whitestone Taxpayers Civic Association submitted a letter in support of this application; and

WHEREAS, additionally, a neighbor submitted a letter in support of this application; and

WHEREAS, certain neighbors submitted objections to the application citing concerns about introducing a commercial use at the site and increased traffic; and

WHEREAS, the site is located on the southeast corner of Cross Island Parkway and 149th Street; and

WHEREAS, the site is triangular-shaped with a lot area of 5,902.6 sq. ft.; and

WHEREAS, the site is occupied by a two-story single-family home and a one-story garage; and

WHEREAS, the applicant proposes to demolish the existing home and garage; and

WHEREAS, the applicant proposes to build a two-story commercial building to be occupied by office use; and

WHEREAS, the new building will have approximately 3,431.48 sq. ft. of floor area (0.58 FAR); the R2 zoning district regulations permit a maximum floor area of 2,951.4 sq. ft. (0.5 FAR) for a residential use; and

WHEREAS, additionally, the applicant proposes to provide five accessory off-street parking spaces; and

WHEREAS, the applicant states that the following are unique physical conditions which create an unnecessary hardship in developing the site in conformance with applicable regulations: (1) the lot has an irregular triangular shape and (2) the site is located at a heavily trafficked three-way intersection and is not marketable for residential use; and

WHEREAS, as to the lot’s irregular shape, the applicant represents that the irregular triangular shape of the lot results in a wide range of lot depths across the site; and

WHEREAS, specifically, the applicant represents that in 1941, when the Cross Island Parkway and its service road were constructed, the lot, which was formerly rectangular, was cut approximately in half across a 45 degree angle; and

WHEREAS, accordingly, the applicant represents that half of the lot was claimed for the parkway and the remainder was left with a triangular shape; and

WHEREAS, the applicant represents that due to the shape of the lot, it is difficult to accommodate the three yards which would be required for a residential use at the site – two 15’-0” front yards and one 5’-0” side yard and still create a viable residential floorplate; and

WHEREAS, as to the uniqueness of the shape, the applicant represents that there are only two other triangular-shaped lots within the 400 ft. radius of the site; and

WHEREAS, the Board notes that neither of the other triangular lots is both within the R2 zoning district and on a corner; and

WHEREAS, as to the marketability of the site for a residential use, the applicant represents that the site has remained vacant for almost two years as the owner made unsuccessful attempts to secure a conforming use; and

WHEREAS, the applicant notes that there is a C2-2 zoning district overlay directly across 149th Street and that there are several commercial uses and a firehouse located there; and

WHEREAS, as to the uniqueness of this condition, the applicant represents that no other residentially-zoned sites have frontage directly on the Cross Island Expressway at a three-way intersection within the 400 ft. radius; and

WHEREAS, accordingly, the Board finds that the aforementioned unique physical conditions when considered in the aggregate, create unnecessary hardship and practical difficulty in developing the site in compliance with the applicable zoning regulations; and

WHEREAS, the applicant asserts that because of the cited unique physical conditions, there is no reasonable possibility that the development of the property in strict conformance with zoning district regulations will bring a reasonable return to the owner; and

WHEREAS, the applicant submitted a feasibility study analyzing a conforming residential use; and

WHEREAS, the applicant concluded that the conforming scenario would not be financially viable; and

WHEREAS, based upon its review of this study, the Board has determined that because of the subject lot’s unique physical conditions, there is no reasonable possibility that development in strict conformance with applicable zoning requirements will provide a reasonable return; and

WHEREAS, the applicant represents that the proposed building will not alter the essential character of the neighborhood, will not substantially impair the appropriate use or development of adjacent property, and will not be detrimental to the public welfare; and

WHEREAS, the applicant states that the site is located in a mixed-use area characterized by local commercial uses and residential uses ranging in height from one to three stories; and

WHEREAS, the Board notes that the only adjacent building is a two-story single-family residence; and

WHEREAS, accordingly, the applicant represents that the new building has been designed to resemble a residential building; and

WHEREAS, the applicant proposes to provide yards, that are comparable with those within the vicinity; and

WHEREAS, specifically, the applicant states that the proposed building will provide for two ten ft. front yards on 149th Street and Cross Island Parkway (two 15 ft. front yards are required for residential uses in the R2 zoning district) and a 9.82 ft. side yard along the northern side of the site; and

WHEREAS, the Board notes that the proposed side yard is more than twice the width of the current side yard, and almost twice the width of the side yard required for a residential use; and

WHEREAS, the applicant notes that the proposed building complies with the bulk regulations of the C2-2 zoning district adjacent to the site; and

WHEREAS, additionally, the applicant proposes to provide a row of shrubbery along the lot line adjacent to the residential use and additional landscaping surrounding two sides of the building; and

WHEREAS, the applicant notes that the proposed building is oriented towards 149th Street at the request of the Community Board, which stated that this site design is compatible with the context of 149th Street; and

WHEREAS, the applicant notes that front yards are not required for the lots within the C2-2 zoning district overlay across 149th Street and that many of the residential and commercial uses do not provide complying front yards along 149th Street; and

WHEREAS, accordingly, the Board finds that the proposed front yard along 149th Street is consistent with the context of this blockfront; and

WHEREAS, based upon the above, the Board finds that this action will not alter the essential character of the surrounding neighborhood nor impair the use or development of adjacent properties, nor will it be detrimental to the public welfare; and

WHEREAS, the Board finds that the hardship herein was not created by the owner or a predecessor in title, but is rather a function of the pre-existing unique physical conditions cited above, particularly the introduction of the Cross Island Expressway which re-shaped the original lot; and

WHEREAS, the applicant represents that the requested use change is the minimum required to realize a reasonable rate of return; and

WHEREAS, accordingly, the Board finds that the variance request is the minimum necessary to afford the owner relief; and

WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under ZR § 72-21; and

WHEREAS, the project is classified as an Unlisted action pursuant to Sections 617.6(h) and 617.2(h) of 6NYCRR; and

WHEREAS, the Board has conducted an environmental review of the proposed action and has documented relevant information about the project in the Final Environmental Assessment Statement (EAS) No. 07-BSA-24Q, dated September 29, 2006; and

WHEREAS, the EAS documents that the project as proposed would not have significant adverse impacts on Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Waterfront Revitalization Program; Infrastructure; Hazardous Materials; Solid Waste and Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; and Public Health; and

WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and

WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment.

Therefore it is Resolved that the Board of Standards and Appeals issues a Negative Declaration, with conditions as stipulated below, prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617, the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR § 72-21 and grants a variance to permit, on a site within an R2 zoning district, the construction of a two-story commercial building, which is contrary to ZR § 22-00; and on condition that any and all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received September 29, 2006”–(6) sheets and “January 26, 2007”–(1) sheet; and on further condition:

THAT the following are the bulk parameters of the new building: two stories, a total floor area of 3,431.48 sq. ft. (0.58 FAR), a street wall height of 21’-0”, a total height of 28’-0”, two front yards of 10’-0”, one side yard of 9.82 ft., and five parking spaces, all as indicated on the BSA-approved plans;

THAT all parking lot lighting shall be directed towards the ground and away from adjacent residential uses;

THAT landscaping be provided as indicated on the BSA-approved plans;

THAT the premises shall be maintained free of debris and graffiti;

THAT any graffiti located on the premises shall be removed within 48 hours;

THAT the above conditions shall appear on the certificate of occupancy;

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, January 30, 2007.