2016-4340-BZ CEQR #17-BSA-046Q APPLICANT – Law Office of Vincent L. Petraro, PLLC, for Flushing Point Holding, LLC, owner. SUBJECT – Application November 23, 2016 – Special Permit (§73-66) to permit the construction of a new building in excess of the height limits established under ZR 61-21. C4-2 zoning district. 40th Road, Block PREMISES AFFECTED – 131-02 5066, Lot(s) 110-150, Borough of Queens. COMMUNITY BOARD #7Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Vice-Chair Chanda, Commissioner Ottley- Brown and Commissioner Sheta…………...……….…3 Negative: ......................................................................0 Absent: Chair Perlmutter..............................................1 THE RESOLUTION – WHEREAS, the decision on behalf of the Queens Borough Commissioner, dated November 14, 2016, acting on Department of Buildings (“DOB”) Application No. 421374845 reads in pertinent part: The proposed building height exceeds the maximum height limitation by the Flight Obstruction map of La Guardia airport as per Sect. ZR 6[1]-20 [et seq.] . . .; and WHEREAS, this is an application under ZR § 73- 66 to permit, on a site located within a C4-2 zoning district, the construction of a building that exceeds the maximum height permitted in the vicinity of major airports, contrary to ZR § 61-21; and WHEREAS, a public hearing was held on this application on July 18, 2017, after due notice by publication in The City Record, with a continued hearing on October 3, 2017, and then to decision on February 13, 2018; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the subject site and neighborhood; and WHEREAS, Community Board 7, Queens, recommends approval of this application; and WHEREAS, the subject site is an irregularly shaped lot comprised of two adjacent tax lots (Lot 110 and Lot 150) located at the termination of 40th Road, west of College Point Boulevard, to the east of the Van Wyck Expressway and to the north of Long Island Railroad tracks, within a C4-2 zoning district, in Queens; and WHEREAS, a Zoning Lot Description, recognizing the merger of the two lots, was filed with the New York City Department of Finance on November 30, 2017; and WHEREAS, the site has approximately 116,157 square feet of lot area and is currently occupied by a two-story building; and WHEREAS, the applicant proposes to redevelop the site, which is located within the LaGuardia Airport Flight Obstruction Area, with two residential buildings 2016-4340-BZ CEQR #17-BSA-046Q under Aeronautical Study Nos. 2017-AEA-13064-OE, 2017-AEA-13065-OE, 2017-AEA-13066-OE, 2017- AEA-13067-OE, 2017-AEA-13068-OE, 2017-AEA- 13069-OE, 2017-AEA-13070-OE, 2017-AEA-13071- OE, 2017-AEA-13072-OE, 2017-AEA-13073-OE, 2017-AEA-13074-OE, 2017-AEA-13075-OE, 2017- AEA-13076-OE, 2017-AEA-13077-OE, 2017-AEA- 13078-OE and 2017-AEA-13079-OE, stating that the FAA’s aeronautical study of the Development, conducted under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, revealed that, at a maximum height of 228 above mean sea level (“AMSL”), the Development would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or by the operation of air navigation facilities and not be a hazard to air navigated provided that (1) all structures are marked and lighted in accordance with FAA Advisory circular 70/7460-1 L Change 1, Obstruction Marking and Lighting, red lights – Chapters 4,5(Red),&12; and (2) any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately so a Notice to Airmen (“NOTAM”) can be issued and reported against as soon as normal operation is restored (the “FAA Determinations”); and WHEREAS, accordingly, the maximum building heights approved by the FAA are 228 feet AMSL

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