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.

Thanks

Gerry Caliendo



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