Sunnyside Gardens Zoning, Preservation Questioned
BY THOMAS COGAN

Conley said that there should be no change of the current footprint, and it should be a simple matter of telling anyone who would develop, "Yes, you can do this but no, you can't do that."

In 1974, Sunnyside Gardens was declared a Planned Community by the Department of City Planning. In 2007, it was declared a Historic District by the Landmarks Preservation Commission (LPC). In a meeting at Sunnyside Community Services in early November, John Young of City Planning attempted to explain how his department's rules involving zoning laws would be integrated with the LPC's in the matter of Sunnyside Gardens. Also at the meeting, and also attempting to provide clarification were Sarah Carroll of the LPC and Steven Figuereido of the city Department of Buildings.

Planned Community rules have to do with new, demolished or expanded buildings. In Sunnyside, this led to construction permits. At the time PC status was conferred upon Sunnyside Gardens, future development was to be consistent with the situation that then obtained. But at the meeting, the question of infill was raised by City Planning's Mandy Ikert, who understood it might apply to Sunnyside and wanted an explanation of it. Young said that at least theoretically the infill program, which, in short, would allow special expansion of dwelling space, applied to Sunnyside. In other neighborhoods, infill has led to destruction of one- and two-family units and their replacement with multi-family structures, often cleverly wrought. Joseph Conley, chairman of Community Board 2, appeared indignant that the term should even be raised in Sunnyside Gardens. Young tried to assert that there was little actual danger of infill. He also said he would like to make the R-4 zoning rules clearer, R-4 being the zoning that covers Sunnyside Gardens. Conley said that there should be no change of the current footprint, and it should be a simple matter of telling anyone who would develop, "Yes, you can do this but no, you can't do that."

Not infill, but certainly an instance of a big change to come, was another item brought up, the old playground within the Gardens, on the southeast corner of 39th Avenue and 50th Street, which is now expected to be open to development. Here Landmarks Preservation can exert full authority over what could be the largest construction project within Sunnyside Gardens in several decades. Late in the evening, when one resident of the Phipps Houses, across the street from the playground, asked just what might be done there, Conley envisioned fouror five-family units, while the LPC's Sarah Carroll said a question remains if any building can go there at all.

Gardens resident Jeffrey Heim said he could see possibilities in the neighborhood for as-of-right construction, which would greatly expand size limitations. Carroll replied that there is no as-of-right provision in a historic district, and held fast to that assurance though Heim said developers just live to find loopholes and Conley later said wonders of construction have been erected in defiance of zoning laws.

Much of the rest of the meeting was taken up with the subjects of decks and sheds. Frank Marchiano of the Department of Buildings said all decks require DOB permission. Many decks in Sunnyside Gardens have been built without such permission, therefore illegally, and they may be subject to DOB fines even if they have thus far received approval under the Planned Community sanction, he said. Sarah Carroll said there are definite limits to deck construction in Sunnyside Gardens; they can't be raised and can't interfere with greenery. Sheds appear to be entirely illegal, yet they get built, usually in backyards. Heim told Carroll that if sheds are illegal they should be declared so and ordered removed, but Carroll replied that despite the apparent illegality of sheds, their owners have the right to ask for a process that would decide if they may be retained or must be removed.

Other items, such as handicapped access and solar panels, both of which would require a full LPC review, and turning flat roofs green, which Carroll said should be encouraged, were taken up, too. How much progress was made toward a comprehensible joining of City Planning and LPC's stated policies about Sunnyside Gardens was not certain, but further developments will certainly be followed in the neighborhood.