We, the neighbors of 32nd Street in Astoria, object to the approval of Special Permit BSA 315-12-BZ. Please view this slide show to learn more.

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……...
Photo taken 1/20/13
View from
23 Road and
32 Street

3. Photo taken 7/16/12
View from Amtrak trestle,
looking southwest

4. Photo taken 1/20/13
View from N/Q
Platform

5. Photo taken 1/20/13 View from 32 Street

6. View from
23-30 32 Street

7. View from
23-30 32 Street

8. View from
23-30 32 Street

9. We object to the Board of
Standards and Appeals
approving
BSA 315-12 BZ

10. Why?

11. • Exhaust Vents/Mechanical
Equipment
• Noise/Air/Light Pollution
• Omission of information
during presentation to
Queens CB #1
• DOB Oversight Questions

12. Exhaust Vents

13. Exhaust vents for the 135-car
parking garage and other unknown
mechanical equipment will ruin our
• Peace
• Property Values
• Air Quality

14. 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

15. A circle with a
dashed line square…

16. …is the symbol for
an exhaust vent.
This is not the actual exhaust vent proposed.
For Illustrative uses only.

17. We don’t know the
physical and performance
characteristics of this
equipment because
there are no details on
the floor plans.

18. • 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 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?

19. We do know the
placement
of the exhaust
vents

20. Red arrows indicate proposed
placement of exhaust vents

21. View from
23-30 32 Street

22. View from
23-30 32 Street

25. Panoramic view and location of
proposed exhaust vents.
Click on image to see video

26. Unknown
Mechanical
Equipment

27. What do
these symbols
represent?

28. We don’t know because
floor plans submitted by
the applicant lacked
a legend/key and
equipment specifications
(as of 1/17/13)

29. Noise
Pollution

30. We don’t know the make/model
and sound output….
of these devices…..

31. Any mechanical noise will
create a nuisance for the
adjacent rear yards, which
are currently very quiet.

32. 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,
equivalent to a
quiet suburb.
Click on picture to see video

33. Air
Pollution

34. Carbon Monoxide (CO)
emissions from the
parking garage

35. qCO = (20 + 0.1 l1) c1 + 0.1 c2
l2
Carbon Monoxide (CO)
emissions from vehicles
in a parking garage
can be estimated using this equation:
source: http://www.engineeringtoolbox.com/garage-ventilation-d_1017.html

36. 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

37. qCO = (20 + 0.1 * 60.96) 135 + 0.1 *10*15.24
qCO = CO emission in cubic meters/hour
l1 = 60.96 meters (200 feet)
c1 = 135 cars
c2 = 10 cars per hour
l2 = 15.24 meters (50 feet)
qCO = (26.096) 135 +
15.24 qCO =
3,538.2

38. 3,538
cubic meters
or
124,943
cubic feet
of Carbon Monoxide per hour

39. of Carbon Monoxide per day
(8 hour day 9 a.m.-5 p.m.)
28,304
cubic meters
or
999,546
cubic feet

40. If garage is used
for restaurant parking in
the evenings (6-11 p.m.)
those numbers
would increase to….

41. of Carbon Monoxide per day
(14 hour day – 9 a.m. to 11 p.m.)
49,532
cubic meters
or
1,749,206
cubic feet

42. Venting almost
1,000,000
cubic feet of Carbon Monoxide
into our yards and homes
every weekday is unacceptable.

43. We assert that
the amount of pollution
and method of venting
by this garage are
completely unacceptable.

44. Z.R. 33-292
also applies

45. 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.”

46. 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)

47. 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.

48. 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.

49. In addition, the air and noise
pollution from the mechanical
equipment will render our
patios and gardens unusable,
thereby significantly lowering
our property values.

50. Light
Pollution

51. Light from the 135-car
parking garage already does and
will continue to spill into
the rear yards and
interior rooms
of 32nd Street residences

53. 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.

54. Omission of
information during
presentation to
Queens CB #1

55. 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)

56. • A key/legend for floor plans
• 2nd and 3rd Floor Plans
• Site photographs
• List of residents/owners within
400 feet of property.
Missing from
Queens CB#1 copy:

57. The act of withholding
information did not
allow Queens CB #1 to
make a fully informed
decision when the
advisory vote was taken
onBSA 315-12-BZ

58. In addition, the term
“mechanical equipment”
was used when the more
accurate “exhaust vents”
should have been
clearly stated.

59. Finally, applicant
did not file a notice of
service in accordance with
§ 1-10.7 Proof of Service
for Application Referral
and Hearing Notice

60. DOB
Oversight
Questions

61. 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.

62. 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.)

63. At a nominal $30 per sq.ft per year, this results in
$262,500
of annual gross income

64. and
$1,050,000
every four years

65. There are also
discrepancies
between existing
floor plans
and actual construction

66. For example......the existing
elevation plans from 10/12/12.....

67. do not match up with.......
actual construction.
balcony
under
construction
balcony
under
construction
Photo 2/15/13

68. Advertisement with balconies
Advertisement from Queens Courier accessed 1/7/13

69. Water tanks and backup generator
not shown on elevation views

70. Water tanks and backup generator
not shown on elevation views

71. Water tanks and backup generator
not shown on elevation views
Generac Industrial
backup generator
(unknown model,
fuel source and
sound output)

72. Z.R. 73-03(a)

73. 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.”

74. What does the language of
Z.R. 73-03(a) mean?
• The Board of Standard of Appeals will measure the
advantages of granting a special permit against
the disadvantages.
• 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.

75. Action Items

76. Applicant must remedy
damages to the real
property of adjacent
residential and
business owners on
31st and 32nd Street

77. Applicant must restore
the condition of these
adjacent properties to the
same condition as prior
to construction

78. No mechanical equipment,
active or passive, should
be permitted on
the rear yard

79. This shall include
compressors,
air conditioners,
heat pumps,
fans and exhaust vents

80. This restriction must
be written and codified in
perpetuity prior to any
Certificate of Occupancy

81. Applicant must
cover over or
replace glass block
with concrete block
at rear in order
to eliminate light pollution

82. The BSA must take into
consideration that applicant
did not provide Queens CB#1
with a copy of the complete
official BSA application.

83. 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.

84. 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.

85. 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.

86. Applicant must
provide a detailed list,
including make, model and
specification/data sheets,
for all external
mechanical equipment.

87. This includes
the Generac Industrial
backup generator
currently on the roof.
Data sheets will provide sound
output measurements.

88. Applicant must explain in
writing and supported by
evidence, precisely how the
mistake was made.

89. Thank You!
Please contact Norm Sutaria
at normsutaria@gmail.com
if you have any questions.