Note.—This resolution is final in the Bulletin. Please notify formal errors so that corrections CORRECTION: This Calendar Nos. 2018-70-A is hereby BOARD OF May MEETING OF: 2018-70-A CALENDAR NO.: 2018-90-A 36, PREMISES: 72, Staten Block Application ACTION OF BOARD — THE VOTE — Affirmative: Chair Perlmutter, Commissioner Ottley-Brown, Commissioner Scibetta Negative: THE RESOLUTION — The decision of the Department acting on New Building 520303742, 520303788, 520323409, 520332211, 520323463, 520323418, 520322972, and 520322927, “1. GCL 36 BC building is not duly New York therefore: A. No certificate 3, Section 36 of General B. Proposed construction perimeter of building street of frontage NYC Building Code.” 2018-70-A through 2018-86-A, This is an application an R3X zoning district Development District, the do not front on a mapped A public hearing was 2019, after due notice continued hearings on June 2021, and May 10, 2021, The record was reopened reflecting the Board’s approval FDNY requirements, and Chair Chanda and Commissioner Premises and surrounding Island, recommends disapproval whether a homeowners issues regarding traffic, development. The Premises are located South Richmond Development and is an irregular, approximately 133,191 square foot zoning set back approximately 257 mapped Corporation Counsel accessed from Arbutus Santina Drive, a 30'-wide present accesses three existing tax lots 58, 59, and 60. Only on Arbutus Avenue, independent Drive located on the lot Santina Drive for access. pursuant to BSA Calendar A. Tax lots 58 and 59 contain car garage. Tax lot 60 contains garage. Denise Court, roadway connecting Arbutus Denise Court and to the to provide a fire apparatus of an access easement agreement. The applicant proposes zoning lots and construct Arbutus Avenue by an existing 2018-70-A through 2018-86-A, Drive, and fronting each Drive. The applicant further design and size from approximately feet of floor area; would each fully sprinklered. Additionally, would conform to all the as well as the requirements District. The applicant represents existing occupied dwellings namely, the house on tax and occupied by a party therefore, be demolished Drive to meet minimum there is no indication development, whatsoever, represents that mapping may be an impossibility. GCL § 36(2) which requires Pursuant to GCL provisions of this section unnecessary hardship, and require the structure to highways, [. . . .] [t]he board reasonable exception and conditions that will protect Unlike the appellant Perlmutter, Index No. 80023/2020 the applicant did not “create[] in the record demonstrates subject sites consistently with the court’s ruling in 6801983, (N.Y. Sup. Ct. v. Perlmutter, 200 A.D.3d Builders, LLC v. Perlmutter, 28, 2022), the instant unnecessary hardship is property and not that potential profits to a developer existing substandard width further constrained by existing demonstrates that it would Santina Drive sufficient 2018-70-A through 2018-86-A, Over the course of proposed development could existing portion of 30-foot-wide density of residences and Drive, and how a new Homeowners the homeowners of the proposed members, would function Santina Drive, especially three existing residential Santina Drive that have By letter dated June Protection (“DEP”) states is an 18"-diameter sanitary diameter and 20"-diameter an 8"-diameter water main DEP adds that storm water for South Richmond, sheet diameter sanitary sewer Arbutus Avenue. DEP states from the Borough President’s of the official map (alteration certified Site Connection sanitary drain is connected discharged from the property. submit an internal water water main and a proposed easements and de-mapped states that, in addition, showing the existing and proposed internal sanitary connections will be maintained maintained by New York § 36 review upon receiving By letter dated October (“DCP”) states that it has § 107-08 for certification zoning subdivision from new zoning lo

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