From Bayside Patch:More than 60 Bayside Hills residents gathered on a piece of land at the corner of 216th St. and 51st Ave. on a chilly Sunday morning – vowing to put the freeze on plans to build a house there.
The corner property, owned by developer Rockchapel Realty, LLC, was divided into two tax lots, with the idea of building a home on what is now a “side yard.” The existing home at the location is being rented, and the developer says that the unimproved land is a “hardship.”
Former City Councilmember now State Senator Tony Avella, D-Bayside, publicized the meeting and came early to show his support for the neighbors against the plan. Avella encouraged the dozens of protestors to cross onto the land. A publicity photo was taken to demonstrate the protestors’ point of how unaccommodating the space was in size.
Councilman Dan Halloran, R-Whitestone, who was also there to back the protestors, declined to stand on the lot to participate in the photo. It is not immediately clear if the group had been granted permission from the landowner to cross onto the property.
“Nobody has attempted to build a house here in over 80 years for a reason,” said Avella, adding, “There is simply not enough room.”
The lot is only 18 feet wide where it meets 50th Ave., and is too small under zoning rules to be built upon. Nevertheless, architect Paul Bonfilio has designed a home for the property, even though it would be illegally close to the homes behind and next to it.
However Bonfilio has applied for a “variance” from the zoning code to permit construction. His application didn’t garner a single vote of support from Community Board 11 when it was reviewed on March 7 and was rejected by Borough President Helen Marshall at a subsequent hearing.
What’s worrying neighbors is that the Board of Standards and Appeals, a collection of professionals appointed by the Mayor, is not bound by the Board or the Borough President – and if they give Rockchapel the go-ahead, the only recourse is in the courts.
16 comments:
Why wouldn't Halloran participate in posing for the picture??
"However Bonfilio has applied for a “variance” from the zoning code to permit construction. His application didn’t garner a single vote of support from Community Board 11 when it was reviewed on March 7 and was rejected by Borough President Helen Marshall at a subsequent hearing."
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Too bad for him that it was CB 11, and not CB 7, that reviewed the application. Had this gone to CB7, do doubt Gene and Chuck would have made sure to be accepted!
Halloran did'nt want to participate because he knew it was trespassing. The Landowner did not give them permission to stand on his lot and hold a press conference. So he did one of the smarter things and abstained.
These Bayside Hills (Really Oakland Gardens) residents are really doing a great job at gettin out the word. HOWEVER, the fact of the matter is this; it's a law on the books that you can sibdivide this property, AND there is presidence at BSA for this type of development. So the developer has a 96% chance that he'll get his variance.
18 feet? wasamatterwhichyou?
It works in Astoria and it works in Bayside.
For "That Guy that Knows" -
The law on the books does NOT say that the property can be subdivided. It actually clearly says that a Zoning Lot cannot be subdivided unless it creates two lots of at least 3800 square feet in R2A zoning. One of the two lots created at this site does not meet that criteria.
Which laws? The ones that protect the people or the corrupt?
Does it count if Halloran's belly crossed the property line?
Avella encouraged the dozens of protestors to cross onto the land. A publicity photo was taken to demonstrate the protestors’ point of how unaccommodating the space was in size.
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No matter what, it is still PRIVATE property. A publicity photo of Avella encouraging people to break the law. He can't pass a law, so why not break one?
He must be bored in Albany.
all the C.P.B.11 members and community groups could not stop the (KON WAH ,Flushing Main street) daycare owners from squeezing a new center for 250-300 ,two to five year olds ,at 196-29 42nd avenue. it is at the corner of f.lewis blvd, a very dangerous traffic section.
a residential area of 1-2 family homes.the center has two floors above ground and two in the sub-basement and basement.it has no parking or pick-up and drop-off space.
the term for approval by the B.S.A. is "AS OF RIGHT".
of course the usual "donations" were made to political aid,like john liu and peter koo,of flushing.
the bayside hills vocal community seems to win their cases,in the past.
no local politician stuck their neck out against the daycare center?????
You answered your own question: AS OF RIGHT." If there are no zoning violations (assuming that there aren't), then it's difficult to prevent a building from being used in this fashion.
Oh boy, someone didn't get the tongue-in-cheek analogy. The BSA almost always rubber stamps anything that's put in front of them, that's why it's like an "as-of-right" development, is what the commenter obviously meant. You can't go to the BSA for a variance unless you have something which violates the zoning.
These people are awesome! They're standing up for their neighborhood HOWEVER, they are trespassing on private property!!! They have no right to do that!!
According to the 105th Precinct, you're not trespassing unless there's either a fence surrounding the property, or signs indicating, "No Trespassing."
How come a Macy's balloon is in the photo?
According to the 105th Precinct, you're not trespassing unless there's either a fence surrounding the property, or signs indicating, "No Trespassing."
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So my neighbor's house doesn't ave a hedge or fence or a sign. Does that mean I can have a picnic with my friends on his lawn?
my absentee landlord,conversion violator for 30 years, would use my property to reach his rear yard constantly.
when i set up a (NO TRESPASSING SIGN) the police responded quickly and stopped his illegal tenants from using my space.
with the sign you can prosecute them.
sadly ,they never allowed the d.o.e.inspector in the house and the d.o.e. does not return. case is closed.
it is really a scam. taxpayers get screwed again.
they do not use my space anymore,the n.y.p.d. shook them up. the n.y.p.d. will not report the conversion violation,which is a shame.
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