2017-237-BZ CEQR #18-BSA-013Q APPLICANT – Eric Palatnik, P.C., for Farrington Realty, LLC, owner. SUBJECT – Application August 11, 2017 – Special Permit (§73-66) to permit the construction of a new building in excess of the height limits established under ZR 61-21. C2-2/R6 zoning district. 35th Avenue, Block PREMISES AFFECTED – 134-37 4949, Lot 31, Borough of Queens. COMMUNITY BOARD #7Q 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 Abstain: Commissioner Scibetta...................................1 THE RESOLUTION – WHEREAS, the decision on behalf of the Queens Borough Commissioner, dated July 11, 2017, acting on Department of Buildings (“DOB”) Application No. 420892323 reads in pertinent part: ZR. 61-21 The proposed height for subject new building includes: 154’-2” Building Height 177’-2” Building Height with Bulkhead 211’-0” Above Mean Curb Sea Level (Based on Datum of 1988, NAVD 88) That exceeds the maximum allowable height as per Section 61-21 of the NYC Zoning Resolution and requires a special permit from the BSA, pursuant to Section 73-66; and WHEREAS, this is an application under ZR § 73- 66 to permit, on a site located in an R6 (C2-2) 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 March 6, 2018, after due notice by publication in The City Record, and then to decision on March 20, 2018; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 7, Queens, recommends approval of this application; and WHEREAS, the subject site is located on the northwest corner of 35th Avenue and Farrington Street, in an R6 (C2-2) zoning district, in Queens; and WHEREAS, the site has approximately 165 feet of frontage along 35th Avenue, 235 feet of frontage along Farrington Street, 38,775 square feet of lot area and is currently vacant; and WHEREAS, the applicant proposes to develop the site, which is located within the LaGuardia Airport Circling Approach Area, with a fifteen-story plus cellar 2017-237-BZ CEQR #18-BSA-013Q 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 211 feet 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 on the operation of air navigation facilities and would not be a hazard to air navigation provided that (1) the structure is marked/lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights – Chapters 4,5(Red),&12; (2) FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or within 5 days after the construction reaches its greatest height; (3) any changes in coordinates, heights, and frequencies or use of greater power will void the determination; (4) any future construction or alteration, including increase to heights, power, or the addition of other transmitters requires separate notice to the FAA; and (5) any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, be reported immediately so a Notice to Airmen (“NOTAM”) can be issued and reported again as soon as normal operation is restored (the “FAA Determination”); and WHEREAS, accordingly, the maximum height of the Development approved by the FAA is 211 feet AMSL or 178 feet above groun

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