Variance will allow new residential building on irregularly-shaped, shallow lot. BSA approved a use variance for the construction of a fivestory residential building with 13 residential units and seven parking spaces in an M1-1 zoning district. The building will be located on a 15,840 sq. ft. vacant lot on the west side of Havemeyer Street between Metropolitan Avenue and Hope Street in Brooklyn. The original proposal called for a taller, bulkier building, which was reduced in size to address BSA’s concerns about the building’s consistency with the surrounding area.

At the BSA hearings, the applicant pointed to the site’s irregular shape, and argued that one third of the lot had a shallow depth of only 50 ft., that the neighborhood was predominantly residential, and that the lot itself had a history of residential use. Sanborn Maps confirmed that from 1887 to 1965 the site contained three residential dwellings, which had been demolished in 1978, and that the site had since remained undeveloped. BSA conducted a site visit and agreed with the applicant, concluding that the irregular shape and shallow depth of the lot would make uses permitted in the M1-1 zoning difficult to accommodate, and that the proposed building was compatible with the prevalent residential uses in the area. The site is part of City Planning’s Greenpoint- Williamsburg rezoning proposal, which is currently undergoing review, and under the proposal would be rezoned to a M1-2/R6 district.

Owner could not vacate tenants of 11 Essex Street. Sion Misrahi, the owner of 11 Essex Street, a five-story residential building with ground floor retail, made multiple requests to Buildings asking for an order to vacate the building to enable its repair in response to an Environmental Control Board “failure to maintain” notice. After sending engineers to investigate the building, Buildings denied the request, finding that the building did not pose an imminent danger, a required finding to issue the notice.

Misrahi appealed to BSA, claiming that the building was “unstable and could collapse at any time.” BSA denied the appeal, determining the building was not in danger of collapse following a site visit in which it found no significant cracks in the walls or chimneys, no bulging in the walls and only slightly unaligned floors. BSA also rejected arguments that the building could not be repaired with tenants present. BSA noted that it appeared Misrahi had delayed repairs out of a desire to gut the entire building.

Developer failed to show residential use was infeasible on large Queens site. On December 7, 2004, BSA denied a variance application for an automatic car wash proposed for 34- 11 Rockaway Boulevard at the corner of Sea Girt Boulevard in Queens, a C2- 2(R6) zone. Residential and retail use, but not car washes, would be permitted as-of-right on the site, a 37,255 sq.ft. lot with a 206 ft. street frontage along Far Rockaway Boulevard and 121 ft. frontage on Sea Girt Boulevard. The applicant argued that the lack of direct access to the Rockaway Freeway made both uses economically infeasible. The applicant also claimed that the site’s irregular shape, as it narrowed from 225 ft. to 121 ft., made a residential use unworkable.

At the hearings, BSA requested that the applicant submit economic studies of different residential developments that could be built as-ofright. The applicant submitted an 11- unit scenario for the 37,255 sq.ft. lot, claiming that, with the lack of freeway access and the odd site size, 11 units were the maximum workable unit number. Chair Meenakshi Srinivasan expressed doubt as to the analysis and commented that the applicant failed to submit requested evidence such as a showing that the construction costs were as high as alleged or that the site’s alleged high water table increased development costs.

Existing wooden-floor building will be demolished. Stressing unique construction costs and structural weaknesses, BSA approved a variance for a new five-story, 42-unit residential building on Union Avenue and Withers Street in a manufacturing zone in Williamsburg. The 15,545 sq.ft. site currently contains a vacant two-story, wooden- floor manufacturing building that will be demolished for the new development. The original application sought approval for a seven-story, 60-unit development with 24 parking spaces, which would have been 62 ft. in height along the street.

The developer, pointing to a structural engineer’s study, argued that the existing structure was too weak to support the additional stories needed to make the building economically viable as either manufacturing or commercial, and that the site’s proximity to the subway line substantially increased construction costs due to requirements set by the New York City Transit Authority.

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.

Work to continue on 19 and 13- story buildings in recently rezoned Bronx neighborhood. On December 7, 2004, BSA granted two permit extensions, allowing work to continue on two new developments that will exceed the height limitations set by the City Council’s September 2004 approved rezoning in the Bronx.

On September 28, 2004, the City Council rezoned a 30-block area of Central Riverdale and Spuyten Duyvil, which restricted new buildings to six or seven-story heights. 1 CityLand 4 (2004). Work on two developments, a 19-story building at 640 West 237th Street and a 13-story structure at 3220 Arlington Avenue, was required to stop on September 28th. However, under the zoning resolution, these developers had 30 days to apply to BSA for an extension. To grant the extension, BSA had to find that, prior to the rezoning, a lawful permit was issued, excavation work was completed, and substantial progress was made on the new building’s foundations.