APPLICANT Rampulla Associates Architects, for Bay Properties, Owner

1-08-A thru 8-08-A

APPLICANT – Rampulla Associates Architects, for Bay Properties, owner.

SUBJECT – Application January 3, 2008 – Proposed construction of eight, one- family homes not fronting a legally mapped street contrary to Section 36 of the General City Law. R1-2 SRD, SGMD.

PREMISES AFFECTED – 65, 69, 73, 77, 83, 87, 91, 93 Giegerich Avenue, west side 154.75’ to Minerva Avenue, Block 7792, Lot 242 (ten. 286), Borough of Staten Island.

COMMUNITY BOARD #3SI

APPEARANCES –

For Applicant: Philip Rampulla.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez...... 5

Negative:...... 0

THE RESOLUTION:

WHEREAS, the decision of the Staten Island Borough Commissioner, dated December 13, 2007, acting on Department of Buildings Application Nos. 510021673, 510021664, 510021682, 510021655, 510021646, 510021628, 510021637, and 510021619, reads in pertinent part:

“No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map. Therefore, Board of Standards and Appeals approval is required;” and

WHEREAS, the applicant requests to build eight single-family detached homes which do not front on a mapped street; and

WHEREAS, this portion of the site is part of a larger 33-unit residential development located within the Special South Richmond District and the Lower Density Growth Management Area within an R1-2 zoning district; and

WHEREAS, a public hearing was held on this application on April 15 2008, after due notice by publication in the City Record, and then to decision on May 6, 2008; and

WHEREAS, by letter dated, March 27, 2008, the Fire Department states that it has reviewed the subject proposal and has no objections; and

WHEREAS, accordingly, the Board has determined that the applicant has submitted adequate evidence to warrant this approval under certain conditions.

Therefore it is Resolved that the decision of the Staten Island Borough Commissioner, dated December 13, 2007, acting on Department of Buildings Application Nos. 510021673, 510021664, 510021682, 510021655, 510021646, 510021628, 510021637, and 510021619, is modified by the power vested in the Board by Section 36 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 February 25, 2008” - two (2) sheets; 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 approved plans shall be considered approved only for the portions related to the specific relief granted;

THAT the proposed lot subdivisions shall be reviewed and approved by DOB;

THAT the Department of Buildings shall review and approve the application for compliance with all relevant Special South Richmond District and Lower Density Growth Management Area provisions, prior to the issuance of any permits;

THAT the City Planning Commission shall review and approve any required applications for compliance with all relevant Special South Richmond District and Lower Density Growth Management Area provisions under its jurisdiction, and issue required approvals prior to the issuance of any permits;

THAT any revisions to the BSA-approved site plan shall be submitted to the Board for review; 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, May 6, 2008.

A true copy of resolution adopted by the Board of Standards and Appeals, May 6, 2008.

Printed in Bulletin Nos. 18-19, Vol. 93.

Copies Sent

To Applicant

Fire Com'r.

Borough Com'r.

those respecting the Building, in which the only occupancy permitted by the Occupancy Restrictions is transient; and

WHEREAS, the Board finds DOB’s determinations concerning these two buildings to be consistent; and

WHEREAS, the Board notes that the Appellant raised additional issues, but failed to provide case law or Board precedent to support them, so they are not addressed within this resolution; and

WHEREAS, the Board agrees with DOB that the Building, as proposed, complies with all legal requirements for the issuance of a building permit for a transient hotel in an M1-6 zoning district and there is therefore no basis for the revocation of the permit; and