32-14-A APPLICANT – Rothkrug,Rothkrug & Spector, LLP, for Little Morrow LLC, owner. SUBJECT – Application February 13, 2014 – Proposed construction of a retail/warehouse building located partially within the bed of a mapped street contrary to Article 3, Section 35 of the General City Law and waiver of bulk non–compliances under §72-01-(g). M- 2-1 Zoning District. PREMISES AFFECTED – 2560 Forest Avenue, southwest corner of intersection of Forest Avenue and Elizabeth Grove Road, Block 1384, Lot 1, Borough of Staten Island. COMMUNITY BOARD #1SI ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice Chair Hinkson, Commissioner Montanez and Commissioner Ottley- Brown................................................................................4 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Staten Island Commissioner Borough Commissioner, dated January 24, 2014, acting on Department of Buildings Application No. 520144683, reads in pertinent part: Proposed construction located in the bed of a mapped street is contrary to section 35 of the General City Law. Therefore, Board of Standards and Appeals approval is required; and Proposed new building has bulk non- compliances resulting from the location of such mapped street obtain BSA approval; and WHEREAS, this is an application to allow the construction of a one-story retail /warehouse space located on the southern portion of the subject zoning lot. The proposed building will be located partially in the bed of a mapped but unbuilt portion of Morrow Street; and WHEREAS, a public hearing was held on this application on December 9, 2014, after due notice by publication in The City Record, with a continued hearing on January 27, 2015, and then to decision on February 10, 2015; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Commissioner Montanez; and WHEREAS, the subject site has 142.99 ft. of frontage on the south side of Forest Avenue, 170.44 ft. of frontage on the west side of Elizabeth Grove Road, and 100 ft. of frontage on the north side of Morrow Street for a total lot area of 12,497 sq. ft., and is located within an M2-1 zoning district within Community Board 1, Staten Island; and WHEREAS, by letter dated October 16, 2014, the Fire Department states that it has reviewed the proposal and has offered no objections; and WHEREAS, by letter dated March 14, 2014, the 32-14-A and (4) showing that the widening line of Morrow Street has been extended; and WHEREAS, the applicant also states that although no specific tenants are in place at this time they do not reasonably anticipate any adverse impacts, on Forrest Avenue or surrounding streets, from the planned as-of- right use of the premises; and WHEREAS, the applicant notes that notwithstanding that the initially proposed development included building within the bed of mapped Elizabeth Grove Road, the applicant no longer plans to build within the bed of Elizabeth Grove Road were abandoned; and WHEREAS, the applicant represents that Morrow Street is not part of the City’s ten-year capital improvement plan; and WHEREAS, there are other structures along Morrow Street that would require demolition if the street were mapped to its full width; and WHEREAS, the Board notes that pursuant to GCL Section 35, it may authorize construction within the bed of the mapped street subject to reasonable requirements; and WHEREAS, the Board notes that pursuant to ZR § 72-01(g), the Board may waive bulk regulations where construction is proposed in part within the bed of a mapped street, that such bulk waivers will be only as necessary to address non-compliances resulting from the location of construction within and outside of the mapped street, and that the zoning lot will comply to the maximum extent feasible with all applicable zoning regulations as if the street were not map

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