Bd 1. Rejects 31st St. Zoning Change
BY RICHARD GENTILVISO

Zoning shapes the city is how the Department of City Planning succinctly describes the art and science of zoning in New York. But until 1916, there was no zoning in the city. At that time, height and setback requirements were first written.

The current zoning resolution went into effect in 1961, when parking requirements were introduced to builders. Since then, changes in zoning have been made on a case-by-case basis and must be reviewed first by the pertinent community board.

By a vote of 28 to 8, with two abstentions, Community Board 1 voted to deny an application for an amendment of the zoning map at its November meeting in Astoria.

Along 31st Street, between 21st Avenue and 20th Avenue, Santino DiFiore owns a row of residential four-story buildings that date back to 1926 and sit comfortably next to one another. At the end of the block, a vacant lot, presently used for parking, is undeveloped.

DiFiore also owns that property and wants to build on it. While it is his right to develop a sixstory residential building in the existing R5 zoning district, he applied for an amendment of the zoning map to change zoning for the entire block from R5 to R6A.

"Each building's density is not in character with R5 zoning," Tony Morrella, architect for DiFiore, said of the older four-story buildings on 31st Street. Morrella proposed the change to R6A as a means to maximize the size and number of apartments in a planned new six-story building to 32, two-bedroom apartments at about 850 to 1,000 square feet.

"All parking (30 spaces) will be located below ground," said Morrella. "What we're proposing is a building limited in height to 70'."

In addition, DiFiore said he would also agree to restrictions written into both the deed and certificate of occupancy for a 20-foot setback after the first four stories. "We are not affecting the light and the air of the existing buildings," said Morrella.

But Board Chairperson Vinicio Donato said he wasn't sure whether the restrictions were binding. "Down the road, the present owner could sell, and is the new owner bound by the restriction? We haven't gotten an answer to whether it's legal or illegal," he said.

Public speakers from the area were unanimous in their disapproval of the zoning change. A resident presented a petition, saying, "This is from all the homeowners in the community that are against this terrible proposal."

Another resident of 31st Street said she was "strongly opposed" and added: "This change will have a negative effect on the quality of life."

"This would be the only seven-story building that I would be familiar with anywhere nearby," said a man living on 32nd Street. "It's totally out of character with the neighborhood."

In other business, a permit for an enclosed sidewalk cafe with 15 tables and 60 seats was renewed for Uncle George's at 33-19 Broadway, and a new unenclosed sidewalk cafe with 23 tables and 46 seats was approved for LLCC Cafe Corp. at 34-19 30th Ave. A cabaret license was denied for M & S Lounge Corp. at 40-26 28th St.