238-15-A thru 243-15-A APPLICANT – Jeffrey Geary, for Ed Sze, owner. SUBJECT – Application October 8, 2015 – Proposed construction of buildings that do not front on a legally mapped street pursuant to Section 36 Article 3 of the General City Law. R3-1 zoning district. PREMISES AFFECTED – 102-04, 08, 12, 16, 20, 24 Dunton Court, Block 14240, Lot(s) 1306, 1307, 1308, 1309, 1310, 1311, Borough of Queens. COMMUNITY BOARD #14Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta………………………..…..…5 Negative:…………………………………….………0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated September 29, 2015, acting on New Building Application Nos. 420653885, 420653894, 420653901, 420653910, 420653929, and 420653938, reads in pertinent part: “GCL 36, BC 502.1: The street giving access to 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(s) fronting directly upon a legally mapped street or frontage space contrary to section 502.1 of the 2008 NYC Building Code”; and WHEREAS, this is an application under General City Law (“GCL”) § 36 to permit construction of six buildings that do not front on a mapped street; and WHEREAS, a public hearing was held on this application on June 28, 2016, after due notice by publication in The City Record, with continued hearings on August 23, 2016, November 1, 2016, September 26, 2017, December 12, 2017, June 5, 2018, August 14, 2018, November 8, 2018, February 5, 2019, and April 23, 2019, and then to decision on that date; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 10, Queens, recommends approval of this application on condition that signage indicating no parking on Dunton Court in front of the subject site be installed, and the street be repaved with a proper gutter slope; and WHEREAS, the Board was also in receipt of one form letter in support of the application; and WHEREAS, the subject site is located on the south side of Dunton Court, between 102nd Street and 238-15-A thru 243-15-A at the subject site; and WHEREAS, the Board requires Declarant to execute and record this declaration as a condition precedent to its grant of the waiver of General City Law § 36; and NOW, THEREFORE, in consideration of BSA approval to allow the proposed construction of buildings not fronting on a legally mapped street, contrary to Article III, General City Law 36, Declarant does hereby declare that Declarant and its successors and/or assigns, shall be legally responsible for compliance with the following restrictions: 1. Upon the City of New York’s abandonment of maintenance of the Dunton Frontage, Declarant shall be responsible for future maintenance of the Dunton Frontage to the center line of Dunton Court, including street repairs and sanitation services thereon, as depicted on the site plan annexed as Schedule A and by this reference made a part hereof; 2. Parking shall be prohibited along the Dunton Frontage and the Fire Department shall have the ability to enforce parking restrictions; 3. This declaration shall become void upon the addition of the Dunton Frontage to the official map of the City of New York; 4. This declaration may not otherwise be modified, amended or terminated without the prior written consent of the BSA; 5. The covenants set forth herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns; 6. Failure to comply with the terms of this declaration may result in the revocation of a building perm

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