Chair Francisco Moya. Image Credit: New York City Council

The proposed rezoning will allow growing families in the community to remain in the neighborhood without compromising their desire for more housing space. On September 25, 2019, the City Council  voted to approve the rezoning of two areas in Kew Gardens Hills, Queens. The areas are located northeast of the Kew Gardens Interchange generally bounded by 72nd Avenue to the north, Union Turnpike to the south, Main Street to the east, and Park Drive East to the west. The applicant proposed to rezone the areas to allow for larger homes to be built. The rezoning would give community homeowners the flexibility to expand their homes and ensure already expanded homes are under compliance.

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Brinckerhoff Cemetery in Fresh Meadows. Credit: LPC

Despite the lack of visible grave markers, Queens cemetery found to contain sufficient historical and archaeological significance to merit designation. On August 14, 2012, Landmarks designated the Brinckerhoff Cemetery at 69-65 182nd Street in the Fresh Meadows section of Queens as an individual City landmark. From 1730 to 1872, the site served as a cemetery for the then-rural community, including the prominent Dutch families who settled the area. A 1919 survey identified 77 gravestones and markers. However, no visible grave markers remain, and the property is overgrown with trees and shrubs.

The City foreclosed on the abandoned site in 1954, and sold the property to Joseph and Elizabeth DeDomenico. The Queens Historical Society and descendants of the Brinckerhoff family sued to reclaim the site in 1999. The DeDomenico family offered to sell the land to the Historical Society, but the group was unable to raise enough money in the time allotted. Linda’s Cai Trading Inc. acquired the property in 2010.

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Buildings only caught architect’s FAR miscalculation after six-story facility was completed. On May 9, 2012, the City Planning Commission held a public hearing on the Silvercrest Center for Nursing and Rehabilitation’s special permit request to legalize a six-story, 66,000 sq.ft. senior housing facility built next door to its existing five-story, 130,000 sq.ft. nursing home in Briarwood, Queens. In an effort to expand its campus, Silvercrest built a new six-story, 81-bed senior housing facility at 86-19 144th Street. After completion, however, the Department of Buildings determined that Silvercrest had miscalculated the maximum floor area ratio (FAR) permitted under the R4-1 zoning district’s regulations. Community facilities within R4-1 districts are typically restricted to a FAR of 2.0. However, nursing homes and senior housing facilities within R4-1 districts are limited to a combined FAR of 0.75. As a result of Silvercrest’s error, the nursing home and senior housing facility had a combined FAR of 1.1.

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Largest rezoning undertaken by City sent back to Commission for final approval. The City Council approved, with several significant modifications, the Planning Commission’s proposal to rezone 378 blocks in Jamaica, Queens. The Council’s modifications must now go to the Planning Commission for final approval.

The Jamaica Plan, considered the largest comprehensive rezoning plan proposed by the City, grew from pressure on the City by Queens Community Boards 8 and 12 to revitalize the area, one of Queens’ most significant transit hubs. Once a significant shopping and business center, downtown Jamaica began to decline in the early 1960s as automobile use increased and auto-accessible shopping centers in Long Island replaced it. The area then began to fall into neglect, and for years the only development came from government-funded construction projects like the JFK Air Train Station and the Archer Avenue Subway extension. Even with such significant government projects, vacant and derelict parcels remained and discouraged private investment. When City Planning started its rezoning study, it found the existing zoning in downtown Jamaica to be extremely restrictive for an area so well-served by public transportation.

City Planning’s rezoning proposal sought to encourage development by up-zoning downtown Jamaica’s core, and to protect established residential blocks by down-zoning the St. Alban’s, Hollis, Briarwood, Jamaica Estates, Jamaica Hill and South Jamaica areas. Along with the 368- block rezoning, the plan’s seven linked applications included text amendments to create zoning rules to foster development of a downtown Jamaica shopping district and to apply the City’s inclusionary housing program to 70 blocks in downtown Jamaica and along Hillside Avenue from 139th to 191st Streets, the largest application of inclusionary housing outside of Manhattan. The plan also called for the creation of an urban renewal area to allow the City to take property by eminent domain to achieve Jamaica’s revitalization. The urban renewal plan would apply to three blocks near the new JFK AirTran/LIRR station. (read more…)

Twelve residential buildings to be converted to dorms over opposition. St. John’s University proposed to convert 12 three-unit apartment buildings into dormitories, increasing the potential student occupancy from 108 to 162. St John’s currently uses the buildings, located along Union Turnpike in Flushing, Queens, as apartments for its students. The plan called for no alteration or enlargement to the buildings; however the use change would render the buildings noncompliant with the City’s 15-foot yard requirement, triggering the need for a variance.

The 12 buildings sit on a 25,309-square-foot portion of a 36- acre lot that also contains Parkway Village, a 34-acre housing cooperative with 109 buildings. To apply for the variance, St. John’s needed consent from all co-owners of the lot, which was refused. St. John’s applied anyway, arguing that it should qualify for a consent waiver. Ultimately, the Parkway Village Tenants’ Association, Queens Community Board 8 and the Parkway Village Preservation Society opposed, raising concerns about the impacts of future redevelopment of St. John’s site.

St. John’s argued that BSA should waive the consent requirement because the parties recorded a restriction on the Parkway Village buildings at the completion of its construction, requiring its owners to cooperate with the redevelopment of St. John’s site. St. John’s also argued that it was impractical to move all 12 buildings back five feet to make the existing ten-foot yard space compliant.

BSA agreed, granting the consent waiver and the variance. Noting that the plan included no new construction, BSA found that it could not have a tangible impact on nearby uses.

BSA: 147-04 Union Turnpike (240-06- BZ) (April 10, 2007). CITYADMIN

Developer failed to inform DOB of error and continued work without a permit. After the City voted to downzone Jamaica Hills, Queens, Hamida Realty applied to BSA, arguing that it had obtained a vested right to continue its development on two adjoining lots located at 87-30 and 87-32 167th Street, north of Hillside Avenue.

When purchased by Hamida in 2001, the two 30-foot lots were joined and contained a single home that Hamida demolished. Hamida then received approval to divide the lot and assign separate tax numbers and street addresses.

In 2003, the Department of Buildings approved Hamida’s plans for two, three-family semi-detached homes, one on each lot, sharing a common wall and foundation walls. Buildings provided Hamida with a list of required items needed before it would issue final permits. Among these, Buildings erroneously required Hamida to provide a site safety plan. In fact, only proposed structures greater than 15 stories triggered that requirement. (read more…)