Grandfather clause that had allowed removal of slopes, trees and vegetation on large lots eliminated. The City Council approved an amendment to the 1974 Special Natural Area District text that will further protect significant natural features like steep slopes, trees and vegetation in three areas of the City: Riverdale in the Bronx, Fort Trotten in Queens, and Staten Island’s Greenbelt and Shore Acres. The Planning Commission initiated work on the text amendment in 1997 at the request of civic groups and community leaders in the Bronx and Staten Island.

Under the original text, owners had to obtain Commission approval for alterations to lots in the natural area districts, except that owners of lots of less than 40,000 sq.ft. with a residential building constructed prior to December 1974 could enlarge the building and make site alterations without Commission review. This clause grandfathered 50 percent of the lots within the special natural area district in Staten Island and 60 percent in the Bronx and had, since 1974, allowed the removal of natural features on over 50 percent of the lots within the districts without Commission review. (read more…)

Undersized Staten Island lot can be developed if trees replanted. Owners of an undersized, 9,733 sq.ft. Staten Island lot at 380 Lighthouse Avenue sought to construct a single-family home that required variance approvals because of the small lot size and because the proposed home failed to meet rear or side-yard requirements.

The lot fell within the Special Natural Area District, a 1974 zoning control passed by the City to protect existing topography, trees, plantings and integral sloping, triggering a separate review. Under the zoning resolution, the Planning Commission normally has jurisdiction over the requirements to protect a lot’s natural features, but with 380 Lighthouse Avenue, only BSA could grant approval because the lot was less than 12,500 sq.ft. and the Planning Commission lacked jurisdiction to vary lot size. (read more…)