Zoning Change Keeps Building Empty
BY RICHARD GENTILVISO
Community Board 1 attaches a brief summary to its meeting agendas.

"Boards play an important advisory role in dealing with land use and zoning matters, the city budget, municipal service delivery and many other matters relating to their community's welfare. However, the board's recommendations are not the final decision," it says in part.

At the November 21 meeting of Community Board 1, three public hearings were held resulting in the approval of a new gym, a building with a medical/professional office and two residential units, and an unenclosed sidewalk cafe at a restaurant.

"We've been here before," said attorney Sheldon Lobel, representing an owner seeking to have side yard requirements waived for a building at 32-12 23rd St. The application was approved more than a year ago by the board, the borough president, and the City Council. But it ran into trouble at the Board of Standards and Appeals (BSA).

Because of a change in the zoning the building, the last of five built four or five years ago, has remained unoccupied although it was finished three years ago. "The whole block was zoned R5 at the time [of construction]," said Lobel. "But now it has been partially rezoned to R6."

An audit by the Department of Buildings (DOB) revealed the zoning conflict, halting construction that was well along for five three-family buildings. But a solution was reached to convert the buildings into community facilities by placing medical/professional offices on the ground level with two apartments above.

Four of the five buildings have been sold, but the fifth building, abutting a commercial building at the corner, requires side yards. "The building was already built and would have to be cut in half [to comply]," said Lobel. "The owner is suffering severe hardship."

Zoning Chair John Carusone asked why the original application was withdrawn although approved by the community board, the borough president and the city council.

"It was a technical requirement," said Lobel, indicating the BSA seemed unlikely to accept their argument of a permit later held to be invalid. Instead, the owners withdrew and filed another application on the basis of owner hardship.

In their public hearing, attorney Joseph Morsellino and owner Anthony Maniscalco appeared seeking a special permit required under zoning laws to operate a physical culture establishment, also known as a gym, on the second floor at 37- 11 35th Ave.

"This area is an important film/TV studio area for New York City. The proposed physical culture establishment will serve the existing business and residential community," Morsellino said in a written statement to the board.

Violations almost sank the final application for an unenclosed sidewalk cafe license for six tables and 18 seats at Zorba's Souvlaki Plus, 29-05 23rd Ave. Consumer Affairs Committee Member Gus Prentzas said the Department of Consumer Affairs cited two violations at the location.

However, the owner said both violations were corrected. The board's approval carried a condition that "all rules and regulations" be adhered to in the future.

Community Board 1 will next meet on December 19 at 7 p.m. at the Astoria World Manor.