126-13-A APPLICANT – Sheldon Lobel, PC, for Woodmere Development LLC, owner. SUBJECT – Application April 30, 2013 – Appeal NYC Department of Buildings’ determination rear yard is required at the boundary of coinciding with a railroad right-of-way. R7B District. PREMISES AFFECTED – 65-70 Austin Street, Road and 66th Avenue, Block 3104, Lot 101, Borough of Queens. COMMUNITY BOARD # 6Q ACTION OF THE BOARD – Appeal Denied. THE VOTE TO GRANT – Affirmative: .....................................................................0 Negative: Chair Srinivasan, Vice Chair Commissioner Ottley-Brown, Commissioner and Commissioner Montanez ..........................................5 THE RESOLUTION – WHEREAS, this is an appeal of a Department Buildings (“DOB”) final determination dated April 2013, issued by the First Deputy Commissioner “Final Determination”); and WHEREAS, the Final Determination reads pertinent part: The request to confirm that the Long Island Railroad right-of-way that runs parallel Austin Street meets the definition of a “street,” as per the zoning definition in ZR 12-10, hereby denied. Contrary to the ZR 12-10 “street” definition, the existing railroad right-of-way is not shown as a mapped street on the City Map, zoning maps, or the Department of Finance’s maps. Therefore, the zoning lot for proposed new building cannot be considered “through lot,” as per the definition in ZR 10, and requires a 30’-0” rear yard, as per 23-47; and WHEREAS, the appeal was brought on behalf the owners of 65-70 Austin Street (the “Appellant”); WHEREAS, a public hearing was held application on August 20, 2013 after due notice publication in The City Record, with a continued hearing on October 8, 2013, and then to decision November 26, 2013; and WHEREAS, the premises and surrounding had site and neighborhood examinations by Srinivasan, Vice-Chair Collins, Commissioner Montanez, and Commissioner Ottley-Brown; and WHEREAS, DOB appeared and made submissions in opposition to this appeal; and WHEREAS, the subject site is located on the 65th 66th Road and side of Austin Street between within an R7B zoning district and is currently occupied by a one-story commercial building; the site railroad right-of-way for the Long Island Railroad 126-13-A 45 degrees of being parallel to each other. Any portion of a through lot which is not could not be bounded by two such opposite street lines and two straight lines intersecting such street lines shall be subject to regulations for an interior lot; and * * * ZR § 23-531 Excepted through lots R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 (a) In all districts, as indicated, no #rear yard# regulations shall apply to any #through lots# that extend less than 110 feet maximum depth from #street# to #street#; and The Appellant’s Position WHEREAS, the Appellant seeks for DOB consider the site a “through lot” because it adjoins “street lines” opposite to each other and parallel Street and the LIRR ROW; and WHEREAS, the subject R7A zoning regulations do not require a front yard and, thus, Appellant proposes to construct its building to lot line and, based on the premise that it is a through with a depth less than 80 feet, the Appellant does propose a rear yard, but proposes a building setback the rear lot line of between approximately 19’-3 38’-5 ¾”; and WHEREAS, in support of its position, Appellant makes the following primary arguments: the LIRR ROW meets the ZR § 12-10 definition (2) even if the LIRR ROW is not a “street,” it functions like a street and should be viewed as such; and principles of Equal Protection and fairness require the application be approved; and WHEREAS, the Appellant asserts that the ROW is a street either pursuant to the ZR § 12-10(a) 12-10(d) definitions of “street” as it is “a way established on the City Map” and “any other public way December 15, 1961 was performing the functions associated with a way established on the City Map”; WHEREAS, additionally, the Appellant Webster’s Dictionary definition of “street”

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