PREMISES AFFECTED – 1426 and 1428 Shore Drive, Bronx, located at 643.08 ft south of the intersection of Layton Avenue and Shore Drive, Block 5467, Lots 37 and 38 (tentative Lots #138 and 139)
COMMUNITY BOARD #10BX
1-05-A
APPLICANT – Kathleen R. Bradshaw, Esq. for Anthony Ciaramella, owner
SUBJECT – Application filed January 4, 2005 - to construct two one family homes in the bed of a mapped street (Shore Drive ) which is contrary Section 35, Article 3 of the General City Law. Premises is located in a C3 within a R4 Zoning District.
PREMISES AFFECTED – 1426 and 1428 Shore Drive, Bronx, located at 643.08 ft south of the intersection of Layton Avenue and Shore Drive, Block 5467, Lots 37 and 38 (tentative Lots #138 and 139)
COMMUNITY BOARD #10BX
APPEARANCES –
For Applicant: Kathleen Bradshaw.
ACTION OF THE BOARD – Application granted on condition.
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, the decision of the Bronx Borough Commissioner, dated May 11, 2005, acting on Department of Buildings Application Nos. 200786514 and 200786505, reads:
“Proposal to build in the bed of a mapped street (namely Shore Drive) is contrary to General City Law Number 35;” and
WHEREAS, a public hearing was held on this application on October 18, 2005 after due notice by publication in the City Record, and then to closure and decision on December 6, 2005; and
WHEREAS, by letter dated June 13, 2005, the Fire Department states that it has reviewed the above project and has no objections; and
WHEREAS, by letter dated February 25, 2005, the Department of Transportation has reviewed the project and has recommended that the applicant provide a ten foot side walk in front of his property and clearly show it on the Builder’s Pavement Plan; and
WHEREAS, by letter dated March 18, 2005, the applicant has agreed to the recommendation of the Department of Transportation and will show the 10 foot side walk on the Builder’s Pavement Plan; and
WHEREAS, by the letter dated November 21, 2005, the applicant has revised the site plan, labeled P1 to
show a 10 foot sidewalk in accordance with the recommendation of the Department of Transportation; and
WHEREAS, by letter dated March 4, 2005, the Department of Environmental Protection has reviewed the project and has advised the Board that there is an existing 12’’ City water main and an existing 6’-0 x 4’-0 sanitary sewer and a 24” storm sewer in Shore Drive between Barkley Avenue and Lafayette Avenue; and
WHEREAS, by letter dated, March 18, 2005, the applicant submitted a survey and revised plan to the Department of Environmental Protection for its review; and
WHEREAS, by letter dated August 29, 2005, the Department of Environmental Protection has reviewed the submission and required that 36’ of the mapped Shore Drive be available for maintenance and or reconstruction of the existing main and sewers identified above; the applicant has agreed to the recommendation of DEP and submitted a revised site plan, labeled P1, to indicate the easement; and
WHEREAS, the applicant has submitted adequate evidence to warrant this approval under certain conditions.
Therefore it is Resolved that the decision of the Bronx Borough Commissioner, dated May 11, 2005, acting on Department of Buildings Application Nos. 200786514 and 200786505 are 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 November 21, 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 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, December 6, 2005.