2018-23-A & 2018-24-A APPLICANT – Rothkrug Rothkrug & Spector The Masucci Real Estate Trust, owner. SUBJECT – February 16, 2018 - Proposed development of a three-story mix-use building fronting on a mapped street contrary to General Law 36. C1-1/R3X (SRD) zoning district. PREMISES AFFECTED – 29 and 31 Herbert Block 6681, Lot (s) 105 & 104, Borough of Island. COMMUNITY BOARD #3SI Application granted ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta……5 Negative:………………………………………..……0 THE RESOLUTION – WHEREAS, the decisions of the Deputy Borough Commissioner, dated January 16, 2018, acting Department of Buildings (“DOB”) Application 520279626 and 520279635, read in pertinent part: GCL 36, BC 502.1: The street giving access to proposed building is not duly placed on official map of the City of New York therefore: A) No Certificate of Occupancy can issued pursuant to Article 3, Section 36 General City Law; B) Proposed construction does not have least 8% of the total perimeter of building fronting directly upon a legally mapped street [or] frontage space contrary Section 501.3.1 of the 2014 NYC Building Code; and WHEREAS, this is an application to permit construction of two (2) three- (3) story mixed-use commercial and residential buildings, each with residential units, with frontage on Herbert Street, existing and improved road not duly placed official New York City map, contrary to General Law (“GCL”) § 36; and WHEREAS, a public hearing was held application on January 8, 2019, after due notice publication in The City Record, with continued on March 5, 2019, March 26, 2019, May 7, 2019, June 4, 2019, and then to decision on June 11, 2019; WHEREAS, Commissioner Ottley-Brown Commissioner Scibetta performed inspections of and surrounding neighborhood; and WHEREAS, Community Board 3, Staten recommends disapproval of this application, concerns regarding the proposed development inconsistent with neighborhood character and substandard width of Herbert Street; and WHEREAS, the subject sites are located north side of Herbert Street, east of Seguine Avenue, an R3X (C1-1) zoning district and in the Special Richmond Development District, on Staten Island; WHEREAS, the site is located approximately feet east of the intersection of Herbert Street 2018-23-A & 2018-24-A submitted a copy of the certified Site Connections Proposal (“SCP”) # 8377, which shows a six- diameter sanitary connection and a six- (6) inch diameter storm connection; it is anticipated that the connection to the eight- (8) inch diameter water main, proposed sanitary and storm connections as per will be maintained by the owners/members of the Owners Association and will not be maintained City of New York; and based on the foregoing, DEP no objections to the subject application; and WHEREAS, the applicant submits that the comply with all applicable provisions of the Resolution and special district provisions, including, not limited to, off-street accessory parking, as Lower Density Growth Management Area (“LDGMA”) requirements regarding the locations of Use Group 2 uses in mixed-use buildings and that the proposed mixed-use buildings will be fully sprinklered; and WHEREAS, the applicant represents Builders Pavement Plan (“BPP”) proposing to the paved width of Herbert Street to between 30 feet directly in front of tentative tax lot 1, immediately to the east of the subject site, was filed the New York City Departments of Buildings Transportation; and WHEREAS, the applicant additionally states the proposed mixed-use buildings are consistent neighborhood character, which includes residential buildings and a dentist office across from the proposed buildings on Herbert Street; and WHEREAS, by letter dated April 3, 2019, Department raised objections to the subject application regarding the access to the subject development concerning the street width and applications adjo

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