PREMISES AFFECTED - 14-34 110Th Street, , Borough of Queens

PREMISES AFFECTED - 14-34 110th Street, , Borough of Queens.

123-02-BZ

CEQR#02-BSA-186Q

APPLICANT - Joseph P. Morsellino, for 14-34 110th Street, LLC, owner; JCH Delta Contracting Inc., lessee.

SUBJECT - Application April 18, 2002 - under Z.R. §72-21, to permit the proposed six story mixed use building, consisting of commercial office space, and residential occupancy on floors three through six, located in an M2-1 zoning district, which is contrary to Z.R.§42-00.

COMMUNITY BOARD #7Q

APPEARANCES -

For Applicant: Joseph Morsellino.

ACTION OF THE BOARD - Application granted on condition.

THE VOTE TO GRANT -

Affirmative: Chairman Chin, Vice-Chair Babbar Commissioner Korbey, Commissioner Caliendo and

Commissioner Miele...... 5

Negative: ...... 0

THE RESOLUTION

WHEREAS, the decision of the Borough Commissioner, dated April 17, 2002 acting on N.B. Application No. 401204166 reads:

"1. Residential use is contrary to Z.R. 4200 BS & A approval required"; and

WHEREAS, a public hearing was held on this application on October 8, 2002 after due notice by publication in The City Record and laid over to November 26, 2002, January 14, 2003, and then to February 11, 2003, for decision; and

WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice Chairman Satish Babbar, Commissioner Mitchell Korbey and Commissioner Peter Caliendo; and

WHEREAS, this is an application under Z.R. §7221 to permit, in an M21 zoning district, the erection of a sixstory mixed use building consisting of commercial uses on the second and third floor and residential uses on floors four through six, which is contrary to Z.R. §4200; and

WHEREAS, the record indicates that the underlying M21 zoning district was created to accommodate a wartime manufacture of marine engines that needed a waterfront facility to accommodate its facility; and

WHEREAS, the applicant represents that many industrial uses find the subject site undesirable because of the narrowness of the streets and the poor accessibility to major arterial highways resulting in a tendency towards residential and commercial development; and

WHEREAS, the record indicates that a significant portion of the lot is under water and is not usable for asofright development because the soil conditions of the site require pilings; and

WHEREAS, the proposal will provide a lobby on the first floor, offices on the second floor and third floors with the fourth through sixth floors housing residential uses; and

WHEREAS, the Board finds that there are unique conditions to the lot, namely poor soil conditions and the site's location directly across from an area that is almost entirely developed with residential uses, which create an unnecessary hardship in conforming strictly with the Zoning Resolution; and

WHEREAS, evidence in the record, including a feasibility study and financial analysis sufficiently demonstrates that a conforming use in the entire building would not yield a reasonable return; and

WHEREAS, the record indicates that the existing building is totally within the bulk requirements of the M21 zoning district and is located in an area characterized by a mixture of residential, office, and commercial uses; and

WHEREAS, the Board notes that development of the site with industrial uses is less compatible than the proposed mixed use building; and

WHEREAS, therefore, the Board finds that the proposed application will not alter the essential character of the surrounding neighborhood, nor impair the use of development of adjacent properties nor be detrimental to the public welfare; and

WHEREAS, the hardship herein was not created by the owner or a predecessor in title; and

WHEREAS, the Board finds that this variance is the minimum variance 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 Z.R.§7221; and

WHEREAS, the Board has conducted an environmental review of the proposed action and the Final Environmental Assessment Statement has carefully considered all relevant areas of environmental concern; and

WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement.

Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §607(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §7221 to permit, in an M21 zoning district, the erection of a sixstory mixed use building consisting of commercial uses on the second and third floor and residential uses on floors four through six, which is contrary to Z.R. §4200, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked Received "January 7, 2003" (12) sheets; and on further condition;

THAT the above condition shall be noted in the Certificate of Occupancy;

THAT substantial construction shall be completed in accordance with Z.R. §7223;

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) and/or configuration(s) not related to the relief granted.

Adopted by the Board of Standards and Appeals, February 11, 2003.