2017-193-A thru 2017-199-A APPLICANT – Eric Palatnik, P.C., for Frank McErlean, owner. SUBJECT – Application May 26, 2017 – Proposed construction of a commercial building not fronting on a legally mapped street pursuant to Section 36 Article 3 of the General City Law. R1-2 zoning district. PREMISES AFFECTED – 9, 10, 11, 12, 14, 15, and 17 Tulepo Court, Block 2260, Lot(s) 4, 10, 60, 62, 64, 66, 68, Borough of Staten Island. COMMUNITY BOARD #2SI Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: Commissioner Sheta and Commissioner Scibetta………………………………………………2 THE RESOLUTION – WHEREAS, the decisions of the Staten Island Deputy Borough Commissioner, dated May 15, 2017, acting on Department of Buildings Application Nos. 520273285, 520273258, 520273276, 520273267, 520048948, 520048957 and 520048984 all read in pertinent part: GCL 36; BC 502.1: The street giving access to the proposed building is not duly placed on the official map of the City of New York therefore: A) No certificate of occupancy can be issued pursuant to Article 3, Section 36 of General City Law; B) Proposed construction does not have at least 8% of the total perimeter of building fronting directly upon a legally mapped street of frontage space contrary to Sec 502.1of the 2014 NYC Building Code; and WHEREAS, this is an application to permit the construction of seven two-story plus basement single- family residences with frontage solely on Tupelo Court, a proposed street not duly placed on the official New York City map, contrary to General City Law (“GCL”) § 36; and WHEREAS, a public hearing was held on these applications on February 13, 2018, after due notice in The City Record, with continued hearings on March 27, 2018, May 15, 2018, and July 17, 2018, and then to decision on September 13, 2018; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and the surrounding area; and WHEREAS, Community Board 2, Staten Island, recommends disapproval of this application, as Community Board 2 reports that is always opposes construction that does not front on a legally mapped street; and 1 2017-193-A thru 2017-199-A Aultman Avenue easterly to the west side of Hitchcock Avenue with a record width of 100 feet, a final map width of 100 feet, with title vested to the City for the full record width of 100 feet as of December 1, 1965; and WHEREAS, a survey provided by the applicant represents that, at the subject site, Richmond Road is mapped to a width of 100 feet as acquired by the City of New York; and WHEREAS, the subject site consists of seven vacant tax lots without any frontage on a legally mapped street; and WHEREAS, the tax lots are proposed to be accessed by Tupelo Court, an unmapped street that will be accessed from the northern side of Richmond Road and is proposed to be 38 feet wide, curb to curb, with a 3’-6” planting strip, 4-foot-wide sidewalks that will connect to the public sidewalks along Richmond Road, private street lighting and a new 8-inch water main and fire hydrants; and WHEREAS, the subject tax lots are part of a larger development of 13 total residential buildings on 13 tax lots (the “Larger Development”), but the remaining six lots are not before the Board in this application because they have frontage on Richmond Road and, therefore, do not require waivers of GCL § 36; and WHEREAS, the applicant submits that the residences proposed on the subject tax lots will comply with all applicable zoning provisions including, but not limited to, those relating to minimum lot area; and WHEREAS, the Board has exercised jurisdiction over tax lots 64, 66 and 68 since April 24, 2012, when, under BSA Cal. Nos. 208-10-A, 209-10-A and 210-10-A, respectively, the Board granted waivers of GCL § 35 to permit the proposed construction of a single-family home on each of the tax lots within the bed of a
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