2016-4348-A APPLICANT – Sheldon Lobel, P.C., for Elmhurst Tower LLC, owner. SUBJECT – Application December 2, 2016 – Proposed construction of a four-story, three family residential building partially within the bed of a mapped street, pursuant to Article 3 of General City Law 35. R6B zoning district. 57th Avenue, Block PREMISES AFFECTED – 85-08 2882, Lot 1, Borough of Queens. COMMUNITY BOARD #4Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta..............................................................................4 Negative: .....................................................................0 THE RESOLUTION – WHEREAS, the decision of the Queens Borough Commissioner, dated November 10, 2016, acting on Department of Buildings (“DOB”) Application No. 421258221 reads in pertinent part: The proposed street extension has been mapped for 10 years but the city has yet to acquire title and is not duly placed on the official map of the City of New York therefore: A) No building permit can be issued pursuant to Section 35 of the General City Law; B) The land within the mapped street is not yielding a fair return to the property owner; and WHEREAS, this is an application to permit the construction of a four-story three-family residential building within the bed of a mapped street, contrary to General City Law (“GCL”) § 35; and WHEREAS, a public hearing was held on this application on January 9, 2018, after due notice by publication in The City Record, and then to decision on January 23, 2018; and WHEREAS, Community Board 4, Queens recommends approval of this application; an WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, the subject site is located on the eastern side of 57th Avenue, between Van Horn Street and 85th Street, in an R6B zoning district, in Queens; and WHEREAS, the site has approximately 37 feet of frontage along 57th Avenue and a depth of 100 feet; and WHEREAS, this application is part of a series of applications for waivers of GCL § 35 for Lots 1, 2, 102, 24, 22 and 21 on the subject tax block (BSA Cal. No. 2016-4348-A through 2016-4353-A); and WHEREAS, the applicant originally proposed to construct six four-story, three-family attached residential buildings—one building on each of Lots 1, 2, 102, 24, 22 and 21—within the bed of Haspel Street, a street mapped, 2016-4348-A plan; and WHEREAS, by letter dated September 12, 2017, the Fire Department requests that all proposed residences be fully sprinklered and that a hydrant be located within 250 feet of the main front entrance of each building; and WHEREAS, in response, the applicant submitted revised plans indicating the location of hydrants and that all of the proposed buildings will be sprinklered; and WHEREAS, by communication dated January 22, 2018, the Fire Department states that, in light of the submission of a revised site plan illustrating that a Fire Department aerial ladder could reach the four-story building proposed for Lot 21, it has no further objections to the proposal; and WHEREAS, by letter dated September 11, 2017, the New York City Department of Environmental Protection (“DEP”) states that, based on DEP maps, there are no existing sewers or water mains at the subject location, that the Amended Drainage Plan for the Sewerage District No: 25 (20) & 27 (11), dated January 10, 1930, for the subject site shows a 12 inch diameter combined sewer in the bed of Haspel Street between 57th Avenue and 57th Road and requested that the applicant provide a 35 foot wide sewer corridor in the bed of Haspel Street between 57th Avenue and 57th Road for the installation, maintenance and/or reconstruction of the future sewer or amend the drainage plan; and WHEREAS, the applicant opted to work with DEP to amend the Amended Drainage Plan and the Board herein conditions the grant on

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