PREMISES AFFECTED - 14 Harbor Drive, Borough of Brooklyn. Applic. #301810814.
121-04-A
APPLICANT - Fischbein Badillo Wagner Harding for Strictland Realty, LLC, owner.
SUBJECT - Application March 9, 2004 - Proposed construction of a one family dwelling, not fronting on a legally mapped street, is contrary to Section 36, Article 3 of the General City Law.
PREMISES AFFECTED - 14 Harbor Drive, west side of Strickland Avenue, between prolongations of East 57th Place and Mayfield Drive, Block 8470, Lot 2049, Borough of Brooklyn. Applic. #301810814.
COMMUNITY BOARD #18BK
APPEARANCES -
For Applicant: Howard Hornstein.
ACTION OF THE BOARD - Appeal granted on condition.
THE VOTE TO GRANT -
Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Caliendo, Commissioner Miele and Commissioner Chin...... 5
Negative:...... 0
THE RESOLUTION -
WHEREAS, the decisions of the Brooklyn Borough Commissioner, dated March 4, 2004, acting on N.B. Application No. 301810814, reads in pertinent part:
“Proposed property does not front on a legally mapped street. Refer to Board of Standards & Appeals as per General City Law Section 36.”; and
WHEREAS, by the letter dated May 10, 2004, the Fire Department has reviewed the above project and has no objections provided that all houses with the exception of the existing building on Lot 2001 fronting on Strickland Avenue must be fully sprinklered; and
WHEREAS, the plot plan approved herein shows a total of 52 separate lots; and
WHEREAS, the Board’s grant herein expressly allows the applicant or any subsequent owner the ability to merge lots into a larger lot without filing an amendment at the BSA or receiving a letter of substantial compliance; such mergers may be approved by the Department of Buildings; and
WHEREAS, the applicant has submitted adequate evidence to warrant this approval under certain conditions.
Resolved, that the decisions of the Brooklyn Borough Commissioner, dated March 4, 2004, acting on DOB N.B. Application No. 301810814, is modified under 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 June 22, 2004”- (1) sheet; that the proposal comply with all applicable R3-1 zoning district requirements; and that all applicable laws, rules, and regulations shall be complied with; and on further condition:
THAT no building permit shall be issued by the Department of Buildings unless and until the subject proposal had obtained approval from the City Planning Commission;
THAT no Board approval is required for the merger of any lots shown on the approved plot plan; such mergers may be approved by the Department of Buildings;
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 on July 13, 2004.