Todd Dale testifies before the Board of Standards and Appeals. Image credit: BSA

Seven of the proposed homes did not front on a legally-mapped street. On January 6, 2015 the Board of Standards and Appeals voted to grant the applicant, Block 7092 LLC, a waiver to allow construction of seven residential buildings on an unmapped street.  The buildings are part of a development of twenty-four two-story, one- and two-family dwellings and one three-story, two-family home located at the intersection of Turner Street and Crabtree Avenue in Rossville, Staten Island.

On March 31, 2014 the Department of Buildings denied the LLC’s application because less than 8 percent of the total perimeter fronted directly upon a legally-mapped street, in violation of the Building Code.  On April 29, 2014 the LLC applied to the Board for a waiver of this requirement to allow construction.

A public hearing was held by the Board on December 16, 2014.  At the hearing, Todd Dale of Rothkrug Rothkrug & Spector LLP testified for the applicant.  Mr. Dale clarified a discrepancy in the number of two-family homes planned for the development, and explained that street-level photos of the development were not available as the street itself was yet unbuilt.  A letter from the Fire Department of New York stated no objection to the development, provided it ensured a minimum street width of thirty-four feet curb-to-curb, that all buildings were fully equipped with sprinklers, and that all dwellings’ main entrances be located on the side of the building facing the street with no rear main entrances.

On January 6, 2015 the Board voted 3-0 to grant the waiver.

BSA: Lemon Drop Court and Apricot Court, Staten Island (65-14-A thru 88-14-A) (Jan. 6, 2015) (Rothkrug Rothkrug & Spector LLP, for Block 7092 LLC, owner).

By:  Michael Twomey (Michael is the CityLaw Fellow and a New York Law School graduate, Class of 2014).