Opposition included FDNY, S.I. Boro. Pres., Council member and Community Board. On August 14, 2007, BSA granted a special permit to Gregory Montalbano, allowing proconstruction to move forward for a two-story, 5,565-square-foot orthopedics doctors’ office at 82 Lamberts Lane in Staten Island. The site’s residential zoning limited medical offices to 1,500 sq.ft. absent BSA approval. The two-story facility would employ eight people and operate on weekdays between 8:00 a.m. and 5:00 p.m. Montalbano would demolish the 1,378-squarefoot single-family home currently on the site.

During a series of four BSA public hearings between February and July 2007, the FDNY, Borough President James Molinaro, and Council Member James Oddo all recommended disapproval, claiming that the doctors’ office would have an adverse effect on traffic. The FDNY asked for a full traffic study, claiming that the office could slow emergency response times. But Montalbano estimated the amount of traffic that the office’s patients would generate to be well below City levels triggering further environmental studies. (more…)

Spa obtained special permit despite Council member objection over use. On July 18, 2006, BSA granted a special permit to Spa World, allowing a 49,634-square-foot, three-story spa at 11-11 131st Street in College Point, Queens. The project site’s 30,124-square-foot lot was formerly vacant and is located in a manufacturing district that contains several residential and commercial uses. The three-story facility will provide sauna, skin, and massage treatments on the first floor; hot tubs, hot pools, saunas, and an outdoor spa on the second floor; and exercise equipment and a yoga/aerobics room on its top floor.

At the time of its application, Spa World had already begun construction of the building but required a special permit for the proposed use as a “physical culture or health establishment,” or PCE, under the zoning resolution. To qualify as a PCE, the primary use must be a gym or massage use; saunas, tubs and whirlpools are permitted only as incidental uses to the primary function of the building. (more…)

Performing arts school to convert vacant three-story building. Montgomery Academy, a performing arts school located at 414 Utica Avenue, Brooklyn, sought a special permit to convert a vacant three-story commercial building on nearby Lefferts Avenue into additional school space. Montgomery stated that the building was necessary to accommodate increased enrollment.

Prior to submitting its application, Montgomery sought alternate sites, but failed to find any buildings that allowed a school as-of-right suitable with respect to size, cost, or quality. Montgomery argued that the Lefferts Avenue building, which was only 50 feet from a zoning district that allowed school use, was in good condition, ready to use, and sufficient for its needs. Montgomery also emphasized its contribution to the community: teaching music and dance to students primarily from the Crown Heights neighborhood, many of whom were immigrants and benefited from a performing arts school environment. (more…)

Spa allowed in cellar of building in Little Korea. BSA approved a special permit for a spa to be located in the cellar of an existing 12- story building on the north side of West 37th Street between Fifth and Sixth Avenues in Manhattan. The building, located in an M1-6 District, currently contains a restaurant, retail store, office space and manufacturing uses. Prior to seeking the special permit from BSA, the Department of Buildings granted a work permit to convert the cellar to a spa from its previous use as a dance studio, but the permit was revoked pending BSA approval after Manhattan Community Board 5 voiced concerns about the legitimate purpose of the spa.

At the BSA hearings, there was strong opposition by area residents, business owners, representatives of Community Board 5, and the Midtown Business Improvement District. They argued that the spa, which proposed massage, manicures and skincare services, could be a front for a different type of establishment. Commissioner Peter Caliendo explained that BSA could not deny a special permit based on pure speculation. Furthermore, Commissioner Joel A. Miele noted that in cases where complaints were received after a permit was granted, BSA had inspected the establishment, held a hearing and successfully revoked the special permit. (more…)

Howard Goldman testifies before the Board of Standards and Appeals. Image Credit: BSA.

The proposed redevelopment plan has been approved by Landmarks and has been modified slightly to comply with federal regulations, due to the site’s close proximity to LaGuardia Airport. On October 27, 2015, the Board of Standards and Appeals approved with conditions a request by Flushing Square, LLC., for a special permit to re-develop the RKO Keith’s Theatre, located at 135-35 Northern Boulevard in the downtown Flushing neighborhood of Queens, into a 16-story mixed use commercial and residential building with community facilities. The RKO Keith’s Theatre is a vacant building containing an interior landmark. The proposed development would exceed the height limitations established for the site’s area, which is a “designated flight obstruction” area due to its close proximity to LaGuardia Airport. (more…)