102-15-A APPLICANT – Eric Palatnik, P.C., for Kathleen Spezio, owner. SUBJECT – Application May 11, 2015 – Proposed enlargement of a building located partially within the bed of mapped unbuilt street, pursuant Article 3 Section 35 of the General City Law and waiver under ZR 72- 10-(g) . R3-2/SRD zoning district. PREMISES AFFECTED – 1088 Rossville Avenue, Block 7067, Lot 1, Borough of Staten Island. COMMUNITY BOARD #3SI Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown…………………...……...3 Negative…………………………..………...…………0 Absent: Commissioner Sheta and Commissioner Scibetta………………………………..…….………..2 THE RESOLUTION – WHEREAS, the decision on behalf of the Staten Island Borough Commissioner, dated April 10, 2015, acting on Department of Buildings (“DOB”) Application No. 520233998 reads in pertinent part: 1. GCL 35: Proposed construction located partly within the bed of a mapped street is contrary to Section 35 of the General City Law. Obtain Board of Standards and Appeals Approval. 2. ZR [107-461]: Proposed scope of work to building with existing bulk non- compliances will result with an increase of bulk non-compliances due to the location of such mapped street. Obtain Board of Standards and Appeals waiver pursuant to ZR 72-01(g); and WHEREAS, this is an application to permit the enlargement of a two-family dwelling partially located within the bed of a mapped street, contrary to General City Law (“GCL”) § 36, and a waiver of bulk regulations necessary to address non-compliances resulting from the location of the development within and outside the improved streets, pursuant to ZR § 72-01(g); and WHEREAS, a public hearing was held on this application on March 27, 2018, after due notice by publication in The City Record, with continued hearings on May 15, 2018, June 26, 2018, and August 21, 2018, and then to decision on that date; and WHEREAS, Community Board 3, Staten Island, recommends disapproval of this application, stating that the proposed construction in the bed of Rossville Avenue will disrupt that heavily trafficked and major thoroughfare, that the proposal lacks adequate parking and that the site has been advertised as a day care center, not a two-family dwelling as represented in this application; and 102-15-A or tend to cause a change of such official map or plan, and such board may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the city; and WHEREAS, with respect to the legal non- complying status of the existing front yard depths, the applicant provided a 1937 Sanborn maps of the immediate area evidencing a one-and-a-half story structure constructed on the subject site in approximately the same location as the existing structure, that is, in the extreme southeastern corner of the site close to the intersection of Rossville and Poplar Avenues; and WHEREAS, the applicant submits that the proposed enlargement will comply with all applicable regulations of the Zoning Resolution except those relating to minimum front yard depth and, thus, a waiver of ZR § 72-01(g) is required in addition to waiver of GCL § 35; and WHEREAS, ZR § 72-01(g) reads in relevant part: The Board of Standards and Appeals (referred to hereinafter as the Board) shall have the power, pursuant to the provisions of the New York City Charter and this Resolution, after public notice and hearing . . . to waive bulk regulations affected by unimproved streets1 where a development, enlargement or alteration consists in part of construction within such streets and where such development, enlargement or alteration would be non-complying absent such waiver, provided the Board has granted a permit pursuant to Section 35 of the General City Law and has prescribed conditions which require the portion of the development or enlargement to be located within the unimproved streets to be compliant and confor

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