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Peace, Property and Privacy:                      Objections to BSA 315-12BZ                        A Community Response f...
A new, eight-story medical building with a135-car parking garage is nearing completionat 23-25 31st Street in Astoria……......
Photo taken 7/16/12View from Amtrak trestle,looking southwest
View from N/QPhoto taken 1/20/13   Platform
Photo taken 1/20/13   View from 32 Street
View from23-30 32 Street
View from23-30 32 Street
The owner of the building,  Yianni Konstantinidis,    and his company,      Pali Realty LLC
were required to have a 30-foot rear yard  for their building.
Instead, they built an additional ten feet,     giving their   building an extra
8,750 square feetof rentable office space   (and netting them $262,500 per year at    $30/sq.ft/year)
Mr. Konstantinidis and Pali Realty are asking   New York City forpermission to keep the additional ten feet,
which goes against zoning  regulations designed to protect residents and     neighborhoods.
But, wait!There’s More!
According to floor plans,  exhaust fumes from a 135-car parking garageare going to vent directly     onto our Astoria     ...
potentially raising  asthma rates, ruiningthe enjoyment of outdoor   space and possibly      lowering our     property val...
We, a group of 32 Street neighbors,    ndare formally objecting to  the application from   Mr. Konstantinidis (NYC applica...
What can you do?•View this self-guided presentation•Contact us if you have questions•Contact the Board of Standards andApp...
What can you do?    Join us at the Board ofStandards and Appeals hearing    Tuesday February 26th          1:30 p.m.22 Rea...
To be clear:    We do not oppose  the use of the building   as a medical facility.We oppose the air and noise  pollution i...
We objectbecause of the
• Exhaust Vents/Mechanical  Equipment• Noise/Air/Light Pollution• Omission of information  during presentation to  Queens ...
Exhaust Vents
Exhaust vents for the 135-carparking garage and other unknownmechanical equipment will ruin our       • Peace       • Prop...
According to the floor plans and projectArchitect Gerald Caliendo, at least twoexhaust vents are going to be placedon the ...
A circle with adashed line square…
…is the symbol for an exhaust vent.   This is not the actual exhaust vent proposed.                 For Illustration only.
We don’t know thephysical and performance  characteristics of this   equipment because there are no details on     the flo...
• What is the physical size (dimensions and footprint)?• What is the diameter?• Who is the manufacturer?• What model?• How...
We do know the  placement of the exhaust      vents
Red arrows indicate proposed placement of exhaust vents
View from23-30 32 Street
View from23-30 32 Street
Panoramic view and location of   proposed exhaust vents.       Click on image to see video
UnknownMechanicalEquipment
What dothese symbols  represent?
We don’t know becausefloor plans submitted by   the applicant lacked    a legend/key andequipment specifications         (...
NoisePollution
We don’t know the make/model     and sound output….      of these devices…..
Any mechanical noise will create a nuisance for theadjacent rear yards, which are currently very quiet.
This 22-minute                                video, recorded in                                January 2013,             ...
AirPollution
Carbon Monoxide (CO)  emissions from the    parking garage
Carbon Monoxide (CO)      emissions from vehicles         in a parking garagecan be estimated using this equation: qCO = (...
qCO = (20 + 0.1 l1) c1 + 0.1 c2 l2qCO = CO emission in cubic meters/hourl1 = average driving distance for cars in garagec1...
qCO = (20 + 0.1 * 60.96) 135 + 0.1 *10*15.24          qCO = (26.096) 135 + 15.24                 qCO = 3,538.2qCO = CO emi...
3,538        cubic meters             or    124,943         cubic feetof Carbon Monoxide per hour
28,304      cubic meters               or   999,546          cubic feetof Carbon Monoxide per day    (8 hour day 9 a.m.-5 ...
If garage is usedfor restaurant parking inthe evenings (6-11 p.m.)      those numbers  would increase to….
49,532        cubic meters                  or 1,749,206           cubic feetof Carbon Monoxide per day   (14 hour day – 9...
Venting almost 1,000,000cubic feet of Carbon Monoxide    into our neighborhoodevery weekday is unacceptable.
We assert that the amount of pollution  and method of venting    by this garage arecompletely unacceptable.
Z.R. 33-292  also applies
Z.R. 33-292 regulates rear yard requirements when athe rear lot line of building in a C4-3 CommercialDistrict abuts the re...
The table below Z.R. 33-292 lists the following:Districts                   Maximum Level of Yard      Depth (in feet)C1,C...
What does the language  of Z.R. 33-292 mean?• A building in a C4-3 District that  borders a residential district rear yard...
We, the residents of 32ndStreet, will no longer be able to quietly enjoy our homes    and outdoor space due  to air and no...
In addition, the air and noisepollution from the mechanical  equipment will render ourpatios and gardens unusable,thereby ...
LightPollution
Light from the 135-carparking garage already does and    will continue to spill into       the rear yards and          int...
We respectfully ask the     BSA to require theapplicant to either cover thewindows from the interior or remove the windows...
Omission ofinformation during  presentation to   Queens CB #1
A copy of the BSA 315-12BZ  application submitted toQueens Community Board #1       did not match the BSA application on f...
Missing from    Queens CB#1 copy:•   A key/legend for floor plans•   2nd and 3rd Floor Plans•   Site photographs•   List o...
The act of withholding  information did notallow Queens CB #1 to make a fully informed   decision when theadvisory vote wa...
In addition, the term“mechanical equipment”was used when the moreaccurate “exhaust vents”   should have been      clearly ...
Finally, applicant  did not file a notice ofservice in accordance with § 1-10.7 Proof of Service for Application Referral ...
DOBOversightQuestions
The NYC Department ofBuildingsapproved construction of thisbuilding contrary to the ZoningRegulations. We need to know• th...
The encroachment of the building ten feet into the rear  yard required by Zoning Regulations generates an        additiona...
At a nominal $30 per sq.ft per year, this results in          $262,500             of annual gross income
and$1,050,000  every four years
There are also    discrepancies  between existing      floor plansand actual construction
For example......the existingelevation plans from 10/12/12.....
do not match up with.......  balcony                                        balcony   under                               ...
Advertisement with balconies     Advertisement from Queens Courier accessed 1/7/13
Water tanks and backup generator  not shown on elevation views
Water tanks and backup generator  not shown on elevation views
Water tanks and backup generator  not shown on elevation views                        Generac Industrial                  ...
Z.R. 73-03(a)
Z.R. 73-03(a) lays out guidelines for the Board ofStandards and Appeals when it comes to their findings.“(a) The Board sha...
What does the language of            Z.R. 73-03(a) mean? • The Board of Standards and Appeals will ensure   the adverse ef...
Action Items
Applicant must remedy damages to the real property of adjacent   residential and business owners on  31 and 32 Street    s...
Applicant must restore  the condition of theseadjacent properties to the same condition as prior     to construction
No mechanical equipment, active or passive, should     be permitted on       the rear yard
This shall include     compressors,   air conditioners,     heat pumps,fans and exhaust vents
This restriction mustbe written and codified in  perpetuity prior to any Certificate of Occupancy
Applicant must       cover over or    replace glass block    with concrete block      at rear in orderto eliminate light p...
The BSA must take into consideration that applicantdid not provide Queens CB#1 with a copy of the complete   official BSA ...
The BSA must take into  consideration that applicant did not provide Queens CB#1with a material and performancespecificati...
The BSA must take into  consideration that applicant did not provide Queens CB#1     with the architectural legend/key nee...
The BSA must take into   consideration that applicant    did not fully convey impact    of exhaust vents by calling them “...
Applicant must   provide a detailed list,including make, model and specification/data sheets,       for all external  mech...
This includes   the Generac Industrial     backup generator    currently on the roof.Data sheets will provide sound   outp...
Applicant must explain in writing and supported byevidence, precisely how the    mistake was made.
Thank You!Please contact Norm Sutariaat normsutaria@gmail.comif you have any questions.
Astoria Medical Building
Astoria Medical Building
Astoria Medical Building
Astoria Medical Building
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Astoria Medical Building

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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.

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Astoria Medical Building

  1. 1. Peace, Property and Privacy: Objections to BSA 315-12BZ A Community Response from Neighbors on 32nd StreetPhoto taken 7/16/12
  2. 2. A new, eight-story medical building with a135-car parking garage is nearing completionat 23-25 31st Street in Astoria……... View from 23 Road and 32 Street Photo taken 1/20/13
  3. 3. Photo taken 7/16/12View from Amtrak trestle,looking southwest
  4. 4. View from N/QPhoto taken 1/20/13 Platform
  5. 5. Photo taken 1/20/13 View from 32 Street
  6. 6. View from23-30 32 Street
  7. 7. View from23-30 32 Street
  8. 8. The owner of the building, Yianni Konstantinidis, and his company, Pali Realty LLC
  9. 9. were required to have a 30-foot rear yard for their building.
  10. 10. Instead, they built an additional ten feet, giving their building an extra
  11. 11. 8,750 square feetof rentable office space (and netting them $262,500 per year at $30/sq.ft/year)
  12. 12. Mr. Konstantinidis and Pali Realty are asking New York City forpermission to keep the additional ten feet,
  13. 13. which goes against zoning regulations designed to protect residents and neighborhoods.
  14. 14. But, wait!There’s More!
  15. 15. According to floor plans, exhaust fumes from a 135-car parking garageare going to vent directly onto our Astoria neighborhood,
  16. 16. potentially raising asthma rates, ruiningthe enjoyment of outdoor space and possibly lowering our property values
  17. 17. We, a group of 32 Street neighbors, ndare formally objecting to the application from Mr. Konstantinidis (NYC application # BSA 315-12-BZ)
  18. 18. What can you do?•View this self-guided presentation•Contact us if you have questions•Contact the Board of Standards andAppeals and Council Member Vallone tovoice an opinion.
  19. 19. What can you do? Join us at the Board ofStandards and Appeals hearing Tuesday February 26th 1:30 p.m.22 Reade Street (Spector Hall) Lower Manhattan
  20. 20. 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.
  21. 21. We objectbecause of the
  22. 22. • Exhaust Vents/Mechanical Equipment• Noise/Air/Light Pollution• Omission of information during presentation to Queens Community Bd. #1• DOB Oversight Questions
  23. 23. Exhaust Vents
  24. 24. Exhaust vents for the 135-carparking garage and other unknownmechanical equipment will ruin our • Peace • Property Values • Air Quality
  25. 25. According to the floor plans and projectArchitect Gerald Caliendo, at least twoexhaust vents are going to be placedon the rear roof over the first floor….. 32nd Street 31st Street
  26. 26. A circle with adashed line square…
  27. 27. …is the symbol for an exhaust vent. This is not the actual exhaust vent proposed. For Illustration only.
  28. 28. We don’t know thephysical and performance characteristics of this equipment because there are no details on the floor plans.
  29. 29. • 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?
  30. 30. We do know the placement of the exhaust vents
  31. 31. Red arrows indicate proposed placement of exhaust vents
  32. 32. View from23-30 32 Street
  33. 33. View from23-30 32 Street
  34. 34. Panoramic view and location of proposed exhaust vents. Click on image to see video
  35. 35. UnknownMechanicalEquipment
  36. 36. What dothese symbols represent?
  37. 37. We don’t know becausefloor plans submitted by the applicant lacked a legend/key andequipment specifications (as of 1/17/13)
  38. 38. NoisePollution
  39. 39. We don’t know the make/model and sound output…. of these devices…..
  40. 40. Any mechanical noise will create a nuisance for theadjacent rear yards, which are currently very quiet.
  41. 41. 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.
  42. 42. AirPollution
  43. 43. Carbon Monoxide (CO) emissions from the parking garage
  44. 44. Carbon Monoxide (CO) emissions from vehicles in a parking garagecan 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
  45. 45. qCO = (20 + 0.1 l1) c1 + 0.1 c2 l2qCO = CO emission in cubic meters/hourl1 = average driving distance for cars in garagec1 = capacity of parked cars in garagec2 = number of cars driving through the garage/hourl2 = average distance for cars driving through garage/hour source: http://www.engineeringtoolbox.com/garage-ventilation-d_1017.html
  46. 46. qCO = (20 + 0.1 * 60.96) 135 + 0.1 *10*15.24 qCO = (26.096) 135 + 15.24 qCO = 3,538.2qCO = CO emission in cubic meters/hourl1 = 60.96 meters (200 feet)c1 = 135 carsc2 = 10 cars per hourl2 = 15.24 meters (50 feet)
  47. 47. 3,538 cubic meters or 124,943 cubic feetof Carbon Monoxide per hour
  48. 48. 28,304 cubic meters or 999,546 cubic feetof Carbon Monoxide per day (8 hour day 9 a.m.-5 p.m.)
  49. 49. If garage is usedfor restaurant parking inthe evenings (6-11 p.m.) those numbers would increase to….
  50. 50. 49,532 cubic meters or 1,749,206 cubic feetof Carbon Monoxide per day (14 hour day – 9 a.m. to 11 p.m.)
  51. 51. Venting almost 1,000,000cubic feet of Carbon Monoxide into our neighborhoodevery weekday is unacceptable.
  52. 52. We assert that the amount of pollution and method of venting by this garage arecompletely unacceptable.
  53. 53. Z.R. 33-292 also applies
  54. 54. Z.R. 33-292 regulates rear yard requirements when athe rear lot line of building in a C4-3 CommercialDistrict abuts the rear lot line of a building in the R5BResidence District.“In all districts, as indicated, along such portion of the rear lot lineof a zoning lot in a Commercial District which coincides with a rearlot line of a zoning lot in an adjoining Residence District, an openarea at a level not higher than indicated in the following table,shall be provided along such boundary and within the CommercialDistrict. Such an open area shall not be used for storage orprocessing of any kind.”
  55. 55. 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 30C8 Curb level 30This image also helps to interpret Z.R. 33-292: (R = Residential C = Commercial)
  56. 56. 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.
  57. 57. We, the residents of 32ndStreet, will no longer be able to quietly enjoy our homes and outdoor space due to air and noise pollution ifBSA 315-12-BZ is approved.
  58. 58. In addition, the air and noisepollution from the mechanical equipment will render ourpatios and gardens unusable,thereby significantly lowering our property values.
  59. 59. LightPollution
  60. 60. Light from the 135-carparking garage already does and will continue to spill into the rear yards and interior rooms of 32 Street residences nd
  61. 61. We respectfully ask the BSA to require theapplicant to either cover thewindows from the interior or remove the windows and replace them with concrete block.
  62. 62. Omission ofinformation during presentation to Queens CB #1
  63. 63. A copy of the BSA 315-12BZ application submitted toQueens Community Board #1 did not match the BSA application on file. (as of 1/17/13)
  64. 64. 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.
  65. 65. The act of withholding information did notallow Queens CB #1 to make a fully informed decision when theadvisory vote was taken on BSA 315-12-BZ
  66. 66. In addition, the term“mechanical equipment”was used when the moreaccurate “exhaust vents” should have been clearly stated.
  67. 67. Finally, applicant did not file a notice ofservice in accordance with § 1-10.7 Proof of Service for Application Referral and Hearing Notice
  68. 68. DOBOversightQuestions
  69. 69. The NYC Department ofBuildingsapproved construction of thisbuilding contrary to the ZoningRegulations. We need to know• the approval process used• how a mistake of this magnitude was made.
  70. 70. 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.)
  71. 71. At a nominal $30 per sq.ft per year, this results in $262,500 of annual gross income
  72. 72. and$1,050,000 every four years
  73. 73. There are also discrepancies between existing floor plansand actual construction
  74. 74. For example......the existingelevation plans from 10/12/12.....
  75. 75. do not match up with....... balcony balcony under underconstruction construction Photo 2/15/13 actual construction.
  76. 76. Advertisement with balconies Advertisement from Queens Courier accessed 1/7/13
  77. 77. Water tanks and backup generator not shown on elevation views
  78. 78. Water tanks and backup generator not shown on elevation views
  79. 79. Water tanks and backup generator not shown on elevation views Generac Industrial backup generator (unknown model, fuel source and sound output)
  80. 80. Z.R. 73-03(a)
  81. 81. Z.R. 73-03(a) lays out guidelines for the Board ofStandards and Appeals when it comes to their findings.“(a) The Board shall make all of the findings required in the applicable sections of thisChapter with respect to each such special permit use of modification of use, parking or bulkregulations and shall find that, under the conditions and safeguards imposed, the hazards ordisadvantages 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 bederived by the community by the grant of such special permit. In each case the Board shalldetermine that the adverse effect, if any, on the privacy, quiet, light, and air in theneighborhood of such special permit use or modification of use, parking or bulk regulationswill be minimized by appropriate conditions governing location of the site, design, andmethod of operation.”
  82. 82. 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.
  83. 83. Action Items
  84. 84. Applicant must remedy damages to the real property of adjacent residential and business owners on 31 and 32 Street st nd
  85. 85. Applicant must restore the condition of theseadjacent properties to the same condition as prior to construction
  86. 86. No mechanical equipment, active or passive, should be permitted on the rear yard
  87. 87. This shall include compressors, air conditioners, heat pumps,fans and exhaust vents
  88. 88. This restriction mustbe written and codified in perpetuity prior to any Certificate of Occupancy
  89. 89. Applicant must cover over or replace glass block with concrete block at rear in orderto eliminate light pollution
  90. 90. The BSA must take into consideration that applicantdid not provide Queens CB#1 with a copy of the complete official BSA application.
  91. 91. The BSA must take into consideration that applicant did not provide Queens CB#1with a material and performancespecification for the mechanical equipment to make a fully informed advisory vote.
  92. 92. The BSA must take into consideration that applicant did not provide Queens CB#1 with the architectural legend/key needed to makea fully informed advisory vote.
  93. 93. 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.
  94. 94. Applicant must provide a detailed list,including make, model and specification/data sheets, for all external mechanical equipment.
  95. 95. This includes the Generac Industrial backup generator currently on the roof.Data sheets will provide sound output measurements.
  96. 96. Applicant must explain in writing and supported byevidence, precisely how the mistake was made.
  97. 97. Thank You!Please contact Norm Sutariaat normsutaria@gmail.comif you have any questions.

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