46-12-A APPLICANT – Eric Palatnik, P.C., for Tremont Three, LLC, owner. SUBJECT – Application March 1, 2012 – Application to permit a mixed use development located partially within the bed of a mapped but unbuilt street (East Tremont Avenue), contrary to General City Law Section 35. C4-5X/R7X zoning district. PREMISES AFFECTED – 4215 Park Avenue, north side of East Tremont Avenue, between Park and Webster Avenues, Block 3027, Lot 1, Borough of Bronx. COMMUNITY BOARD #6BX ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ...................................................5 Negative:.............................................................................0 THE RESOLUTION – WHEREAS, the decision of the Bronx Borough Commissioner, dated September 10, 2012, acting on Department of Buildings Application No. 220157700, reads: Proposed development which rests partially within the bed of the mapped street is contrary to GCL section 35 and therefore must be referred to NYC BSA; and WHEREAS, this is an application under General City Law (“GCL”) § 35, to permit the construction of a mixed-use multiple dwelling partially within the bed of a mapped street; and WHEREAS, a public hearing was held on this application on July 17, 2012, after due notice by publication in The City Record, with a continued hearing on September 25, 2012, and then to decision on October 16, 2012; and WHEREAS, the site and surrounding area had a site and neighborhood examination by Commissioner Ottley-Brown; and WHEREAS, the subject site is located on a corner through lot bounded by Webster Avenue to the west, East Tremont Avenue to the South, and Park Avenue to the east, partially within a C4-5X zoning district and partially within an R71- zoning district; and WHEREAS, the site has a total lot area of 52,335 sq. ft., with approximately 7,000 sq. ft. of lot area located within the bed of the mapped but unbuilt East Tremont Avenue; and WHEREAS, by letter dated May 22, 2012, the Fire Department states that it has no objections to the subject proposal; and WHEREAS, by letter dated March 20, 2012, the Department of Environmental Protection (“DEP”) requests that the applicant submit a survey/plan which provides (1) the width of the mapped East Tremont Avenue and the width of the widening portion of the 46-12-A WHEREAS, accordingly, the Board has determined that the applicant has submitted adequate evidence to warrant this approval under certain conditions. Therefore it is Resolved that the decision of the Bronx Borough Commissioner, dated September 10, 2012, acting on Department of Buildings Application No. 220157700, is modified by the power vested in the Board by Section 35 of the General City Law, and that this appeal is granted, limited to the decision noted above; on condition that construction shall substantially conform to the drawing filed with the application marked “Received September 11, 2012”– (1) sheet; that the proposal shall comply with all applicable zoning district requirements; and that all other applicable laws, rules, and regulations shall be complied with; and on further condition: THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT DOB shall review the proposed plans to ensure compliance with all relevant provisions of the Zoning Resolution; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, October 16, 2012. A true co

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