PREMISES AFFECTED –85-03-A 57th Avenue, north side, 30.62’ east of Long Island Railroad right-of-way, Block 2881, Tentative Lot 51, Borough of Queens.

369-04-A

APPLICANT – Petraro & Jones, LLP, for Sunrise Hospitality, LLC, owner.

SUBJECT – Application November 22, 2004 – Proposed construction, 3 and 4 story multiple dwellings, located within the bed of a mapped street, is contrary to Section 35, Article 3 of the General City Law. The premise is located in a C2-2/R6B zoning district.

PREMISES AFFECTED –85-03-A 57th Avenue, north side, 30.62’ east of Long Island Railroad right-of-way, Block 2881, Tentative Lot 51, Borough of Queens.

COMMUNITY BOARD #4Q

APPEARANCES –

For Applicant: Pat Jones.

ACTION OF THE BOARD - Application granted on condition.

THE VOTE TO GRANT -

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin...... 4

Negative:...... 0

THE RESOLUTION -

WHEREAS, the decision of the Queens Borough Commissioner, dated November 19, 2004, acting on Department of Buildings Application Nos. 401971906, 401992929, 401970523, 401970532, and 4019700541, reads, in pertinent part:

“Respectfully request to waive objection #6 – proposed building is within a bed of a mapped street contrary to General City Law 35.”; and

WHEREAS, a public hearing was held on this application on August 9, 2005 after due notice by publication in the City Record, and then to decision on September 13, 2005; and

WHEREAS, by letter dated June 27, 2005, the Fire Department states that it has reviewed the above project and has no objections; and

WHEREAS, by letterdated March 16, 2005 , the Department of Environmental Protection states that it has reviewed the above project and has no objections; and

WHEREAS, by letter dated March 21, 2005, the Department of Transportation states that it has reviewed the above project and has indicated that although it feels that better circulation would result if Haspel Street were improved, such action is not presently included in DOT’s Capital Improvement Program; and

WHEREAS, 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, dated November 19, 2004 acting on Department of Buildings Application Nos. 401971906, 401992929, 401970523, 401970532, and 4019700541 is modified under 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 August 26, 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 any subdivision of the premises shall be as reviewed and 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) and/or configuration(s) not related to the relief granted.

Adopted by the Board of Standards and Appeals, September 13, 2005.