PREMISES AFFECTED - 39-04 Stuart Lane Douglaston, north side of Depew Avenue, 142' West of 243rd Street, Block 8103, Lot 7, Borough of Queens.
43-04-A
APPLICANT - New York City Board of Standards and Appeals.
OWNER OF PREMISES: Joseph C. D’Alessio.
SUBJECT - to dismiss the application for lack of prosecution.
PREMISES AFFECTED - 39-04 Stuart Lane Douglaston, north side of Depew Avenue, 142' West of 243rd Street, Block 8103, Lot 7, Borough of Queens.
COMMUNITY BOARD #11Q
APPEARANCES – None.
ACTION OF THE BOARD – Application dismissed
THE VOTE TO CLOSE HEARING -
Affirmative: Chair Srinivasan, Vice-Chair Babbar and Commissioner Chin...... 3
Negative:...... 0
THE VOTE TO GRANT -
Affirmative: Chair Srinivasan, Vice-Chair Babbar and Commissioner Chin...... 3
Negative:...... 0
THE RESOLUTION -
WHEREAS, this is an application for: (1) a determination that the owner of the subject premises has obtained a vested right to continue construction under three related permits (one for an alteration, one for related plumbing work, and one for related equipment and fencing) issued under Department of Buildings (“DOB”) Permit No. 401867618 (collectively, the “Permits”) and (2) a rescindment of a Stop Work Order (“SWO”) issued by DOB relative to construction being performed under the Permits (described in more detail below); and
WHEREAS, a public hearing was held on this application on October 25, 2005, after due notice by publication in the City Record, and then to closure and decision on November 1, 2005; and
WHEREAS, the site was inspected by a committee of the Board; and
WHEREAS, the subject premises is a 4500 sq. ft. lot located on the east side of 211th Street in Queens; and
WHEREAS, the subject premises is occupied by an existing one-family dwelling that was proposed to be enlarged under the Permits; and
WHEREAS, the subject premises is currently located within an R2A zoning district; prior to the rezoning, it was in an R2 zoning district; and
WHEREAS, on April 12, 2005, the City Council voted to enact text changes to the Zoning Resolution rendering the proposed development non-complying; and
WHEREAS, because of the rezoning, DOB issued the SWO on May 13, 2005 (served May 16, 2005), which stopped work on the enlargement; and
WHEREAS, the applicant subsequently filed the instant application, stating that vested rights to proceed under the Permits had been acquired based upon the amount of work performed and the amount of expenditures made; and
WHEREAS, as a threshold issue, the Board must determine that valid permits for the performed work were obtained prior to the date of the rezoning and that the work proceeded under these permits; and
WHEREAS, Permit No. 401867618-01-AL, for the alteration (the “Alteration Permit”), was issued on May 4, 2004, to expire on July 29, 2004; said permit was renewed on September 3, 2004, to expire on July 29, 2005; and
WHEREAS, Permit No. 401867618-01-EQ FN, for the equipment and fencing, was issued on April 1, 2005, to expire on December 31, 2005; and
WHEREAS, Permit No. 401867618-01-PL, for the plumbing, was issued on November 12, 2004, to expire on November 12, 2005; and
WHEREAS, the Board observes that the Alteration Permit was obtained and then renewed well in advance of the rezoning; and
WHEREAS, accordingly, the Board finds that the work cited by the applicant in furtherance of the vested rights claim was performed pursuant to a valid DOB permit; and
WHEREAS, the remaining determination is whether the work performed and the expenditures made prior to the rezoning were of a substantial nature such that vesting occurred; and
WHEREAS, the applicant represents that the exterior work for the proposed enlargement is approximately 85 percent completed, and that only bricking and window installation remains; and
WHEREAS, in addition, the applicant states that 65 percent of the total expenditures toward the proposed enlargement were made prior to the rezoning; and
WHEREAS, the applicant submitted photos of the amount of construction performed, which show that the majority of the structure has been constructed; and
WHEREAS, the applicant also submitted invoices and a construction log, which show that significant expenditures were made; and
WHEREAS, at the request of the Board, the applicant submitted credit card statements that further prove that the owner expended large sums of cash in furtherance of the construction; and
WHEREAS, these credit card statements were substantiated by an affidavit from the owner; and
WHEREAS, additionally, this affidavit states that the pictures of the work performed were taken, and the construction log was prepared, prior to the date of the rezoning; and
WHEREAS, based upon the evidence submitted and its site visit, the Board concludes that substantial construction of the proposed enlargement authorized by the Permits had been completed by the date of the rezoning; and
WHEREAS, likewise, the Board concludes that the expenditures made were substantial; and
WHEREAS, thus, the owner has obtained vested rights to continue construction under the Permits because of the amount of work performed and the amount of expenditures made.
Therefore it is Resolved that the Board determines that the owner of the premises has obtained a vested right to continue construction under DOB Permit No. 401867618, lifts the Stop Work Order issued by DOB, dated May 13, 2005, and reinstates said permit for a period of six months from the date of this decision, to expire on May 1, 2006, subject to DOB review and approval of plans associated with the permit.
Adopted by the Board of Standards and Appeals, November 1, 2005.