Erroneous Objections which are forced to get Determinations

Dear Commissioner,

Attached is an example of the typical scenario which causes a significant delay in the processing of a filing with the DOB today.

This example happens to be SO simple a project, but delay created a significant loss both to my client and to me, and in the big picture to the CITY.

The job was filed in 10/5/20, we receive objections on 10/28/20, we submitted for a second review, which was denied 11/23/20 then we submitted for Borough Determination (with $1,000 fee) which was denied on 12/28/20 and then we submitted to Technical Affairs on 4/2/21(with $2,500 fee) and ultimately the determination was APPROVED with extremely minor conditions (as you can see in the determination attached) on 6/14/21. All this for the approval of an “as-of-right” open commercial parking lot use in a C4-3 zoning district.

First, this should not have been an objection. Second, the Borough should have understood and known that this was an “as-of-right” condition and use and could have stipulated the same conditions. Third, it should not have taken Technical Affairs twelve weeks to review and issue a determination on this request.

Finally, I am sure I am not the only applicant who has ever filed for an open parking lot in a C4-3 zoning district. There should be a data bank of determinations that the Department and the Industry could use as a resource to avoid these unnecessary delay in the development industry and in the end, the City will benefit with the increase in taxes and jobs.


Gerry Caliendo

ZRD1 (68437) 72-21 Broadway Queens_ Public parking lot_ ZR 32-412_APP W ...
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