1. Peace, Property and Privacy:
Objections to BSA 315-12BZ
A Community Response from Neighbors on 32nd Street
Photo taken 7/16/12
2. A new, eight-story medical building with a
135-car parking garage is nearing completion
at 23-25 31st Street in Astoria……...
View from
23 Road and
32 Street
Photo taken 1/20/13
16. According to floor plans,
exhaust fumes from a
135-car parking garage
are going to vent directly
onto our Astoria
neighborhood,
17. potentially raising
asthma rates, ruining
the enjoyment of outdoor
space and possibly
lowering our
property values
18. We, a group of
32 Street neighbors,
nd
are formally objecting to
the application from
Mr. Konstantinidis
(NYC application # BSA 315-12-BZ)
19. What can you do?
•View this self-guided presentation
•Contact us if you have questions
•Contact the Board of Standards and
Appeals and Council Member Vallone to
voice an opinion.
20. What can you do?
Join us at the Board of
Standards and Appeals hearing
Tuesday February 26th
1:30 p.m.
22 Reade Street (Spector Hall)
Lower Manhattan
21. To be clear:
We do not oppose
the use of the building
as a medical facility.
We oppose the air and noise
pollution it will create.
23. • Exhaust Vents/Mechanical
Equipment
• Noise/Air/Light Pollution
• Omission of information
during presentation to
Queens Community Bd. #1
• DOB Oversight Questions
25. Exhaust vents for the 135-car
parking garage and other unknown
mechanical equipment will ruin our
• Peace
• Property Values
• Air Quality
26. According to the floor plans and project
Architect Gerald Caliendo, at least two
exhaust vents are going to be placed
on the rear roof over the first floor…..
32nd Street
31st Street
28. …is the symbol for
an exhaust vent.
This is not the actual exhaust vent proposed.
For Illustration only.
29. We don’t know the
physical and performance
characteristics of this
equipment because
there are no details on
the floor plans.
30. • What is the physical size (dimensions and footprint)?
• What is the diameter?
• Who is the manufacturer?
• What model?
• How many cubic feet of air per minute does it move?
• Is it a shiny reflective metal surface or a dull, muted one?
• What is the sound output in decibels (dB)?
• At what distance?
• How long would the motor last under normal operating
conditions?
• Is it a variable speed motor?
• What kind of drivetrain? Belt-driven? Chain-driven?
42. We don’t know the make/model
and sound output….
of these devices…..
43. Any mechanical noise will
create a nuisance for the
adjacent rear yards, which
are currently very quiet.
44. This 22-minute
video, recorded in
January 2013,
is evidence of how
quiet the yard is.
deciBel, an app for
measuring sound,
was used, and the
average dB reading
is about 50-55 dB,
Click on picture to see video
equivalent to a
quiet suburb.
47. Carbon Monoxide (CO)
emissions from vehicles
in a parking garage
can be estimated using this equation:
qCO = (20 + 0.1 l1) c1 + 0.1 c2 l2
source: http://www.engineeringtoolbox.com/garage-ventilation-d_1017.html
48. qCO = (20 + 0.1 l1) c1 + 0.1 c2 l2
qCO = CO emission in cubic meters/hour
l1 = average driving distance for cars in garage
c1 = capacity of parked cars in garage
c2 = number of cars driving through the garage/hour
l2 = average distance for cars driving through garage/hour
source: http://www.engineeringtoolbox.com/garage-ventilation-d_1017.html
57. Z.R. 33-292 regulates rear yard requirements when a
the rear lot line of building in a C4-3 Commercial
District abuts the rear lot line of a building in the R5B
Residence District.
“In all districts, as indicated, along such portion of the rear lot line
of a zoning lot in a Commercial District which coincides with a rear
lot line of a zoning lot in an adjoining Residence District, an open
area at a level not higher than indicated in the following table,
shall be provided along such boundary and within the Commercial
District. Such an open area shall not be used for storage or
processing of any kind.”
58. The table below Z.R. 33-292 lists the following:
Districts Maximum Level of Yard Depth (in feet)
C1,C2, C3, C4, C5, C6, C7 23 feet above curb level 30
C8 Curb level 30
This image also helps to interpret Z.R. 33-292:
(R = Residential C = Commercial)
59. What does the language
of Z.R. 33-292 mean?
• A building in a C4-3 District that
borders a residential district rear yard must
have Open Area that is at least 30 feet deep.
• Open Area must remain passive and not used for
processing of any type - this includes the
processing of air.
60. We, the residents of 32nd
Street, will no longer be able
to quietly enjoy our homes
and outdoor space due
to air and noise pollution if
BSA 315-12-BZ is approved.
61. In addition, the air and noise
pollution from the mechanical
equipment will render our
patios and gardens unusable,
thereby significantly lowering
our property values.
63. Light from the 135-car
parking garage already does and
will continue to spill into
the rear yards and
interior rooms
of 32 Street residences
nd
64.
65. We respectfully ask the
BSA to require the
applicant to either cover the
windows from the interior or
remove the windows and
replace them with
concrete block.
67. A copy of the BSA 315-12BZ
application submitted to
Queens Community Board #1
did not match
the BSA application on file.
(as of 1/17/13)
68. Missing from
Queens CB#1 copy:
• A key/legend for floor plans
• 2nd and 3rd Floor Plans
• Site photographs
• List of residents/owners within
400 feet of property.
69. The act of withholding
information did not
allow Queens CB #1 to
make a fully informed
decision when the
advisory vote was taken
on BSA 315-12-BZ
70. In addition, the term
“mechanical equipment”
was used when the more
accurate “exhaust vents”
should have been
clearly stated.
71. Finally, applicant
did not file a notice of
service in accordance with
§ 1-10.7 Proof of Service
for Application Referral
and Hearing Notice
73. The NYC Department of
Buildings
approved construction of this
building contrary to the Zoning
Regulations. We need to know
• the approval process used
• how a mistake of this
magnitude was made.
74. The encroachment of the building ten feet into the rear
yard required by Zoning Regulations generates an
additional 8,750 square feet of space
(1,250 sq.ft. multiplied by seven floors.)
75. At a nominal $30 per sq.ft per year, this results in
$262,500
of annual gross income
85. Z.R. 73-03(a) lays out guidelines for the Board of
Standards and Appeals when it comes to their findings.
“(a) The Board shall make all of the findings required in the applicable sections of this
Chapter with respect to each such special permit use of modification of use, parking or bulk
regulations and shall find that, under the conditions and safeguards imposed, the hazards or
disadvantages to the community at large of such special permit use or modification of use,
parking or bulk regulations at the particular site are outweighed by the advantages to be
derived by the community by the grant of such special permit. In each case the Board shall
determine that the adverse effect, if any, on the privacy, quiet, light, and air in the
neighborhood of such special permit use or modification of use, parking or bulk regulations
will be minimized by appropriate conditions governing location of the site, design, and
method of operation.”
86. What does the language of
Z.R. 73-03(a) mean?
• The Board of Standards and Appeals will ensure
the adverse effects (including impacts to the
privacy, quiet, light and air in the neighborhood) of
such a special permit use are minimized by design
and method of operation.
• The Board of Standard of Appeals will measure the
advantages of granting a special permit against
the disadvantages.
91. This shall include
compressors,
air conditioners,
heat pumps,
fans and exhaust vents
92. This restriction must
be written and codified in
perpetuity prior to any
Certificate of Occupancy
93. Applicant must
cover over or
replace glass block
with concrete block
at rear in order
to eliminate light pollution
94. The BSA must take into
consideration that applicant
did not provide Queens CB#1
with a copy of the complete
official BSA application.
95. The BSA must take into
consideration that applicant
did not provide Queens CB#1
with a material and performance
specification for the mechanical
equipment to make a fully
informed advisory vote.
96. The BSA must take into
consideration that applicant
did not provide Queens CB#1
with the architectural
legend/key needed to make
a fully informed advisory vote.
97. The BSA must take into
consideration that applicant
did not fully convey impact
of exhaust vents by calling
them “mechanical equipment”
during Queens CB#1 presentation.
98. Applicant must
provide a detailed list,
including make, model and
specification/data sheets,
for all external
mechanical equipment.
99. This includes
the Generac Industrial
backup generator
currently on the roof.
Data sheets will provide sound
output measurements.
100. Applicant must explain in
writing and supported by
evidence, precisely how the
mistake was made.
