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1
Chairperson Meenakshi Srinivasan
Board of Standards and Appeals
250 Broadway
29th Floor
New York, NY 10007
Norm Sutaria
23-30 32nd Street
Astoria, NY 11105
Re: BSA 315-12-BZ 23-25 31st Street, Queens
April 30, 2013
Dear Chairperson Srinivasan,
Thank you for your diligence and that of the Board as special permit application BSA
315-12-BZ (23-25 31st Street, Queens Block 835 Lots 27 and 31) made its way through
the BSA process over the past six months.
Your staff members have been helpful and responsive throughout the entire process, and
for that my neighbors and I are incredibly grateful.
For the reasons set forth below, the Board of Standards and Appeals must vote no on
BSA 315-12-BZ through a unanimous negative declaration.
Pali Realty LLC and its owner Yiannis Konstantinidis should not profit from the
additional ten feet of building depth until adjacent property owners, particularly those
who border the rear lot line on 32nd Street and the Helen Skarla dance studio on 31st
Street, are made whole.
2
Pali Realty, LLC is intimating they will not adhere to one of the most important
recommendations set forth by Queens Community Board #1
Queens Community Board #1 (“CB #1”) voted on December 18, 2012 to recommend
approval of BSA 315-12-BZ (“the application” and “the project”) with conditions. One of
the most important requirements mandated that Pali Realty LLC repair damaged homes
on 32nd Street and the Helen Skarla dance studio on 31st Street. Adjacent properties,
according to the recommendation set forth by Queens CB#1, are to be restored to their
original state before construction took place.
It is my understanding that Pali Realty LLC has subrogated and assigned their insurance
to that of Sea Breeze, Inc., the General Contractor for the project. Chartis, the insurance
company for Sea Breeze, began negotiations only within the past two months and they
recently rejected a realistic proposal set forth by homeowners. (My neighbors Rob and
Lisa Draghi have more information about this and are most likely spelling it out in their
letter to the Board.)
Pali Realty LLC was made aware in August 2012 of the damage caused by their
contractors. If the applicant negotiated openly with homeowners in good faith at that
time, the property owners on 31st and 32nd Streets might already be on their way to being
made whole.
Queens Community Board #1’s recommendation, while not legally binding, aims at the
moral and ethical responsibilities of the applicant. Pali Realty LLC, owner Yiannis
Konstantinidis and the contractors hired by them damaged homes in the process of
construction. They must restore the homes to their original conditions before
construction began.
3
Pali Realty, LLC did not provide strong evidence of the need for special permit
approval
The applicant, in their letter to the Board, indicated the community’s need for a state-of-
the-art medical facility, but did little to provide evidence of that need. New York City
Council Member Peter Vallone, Jr., who represents Astoria, has not written a letter of
support either for or against the special permit.
While there were patients who testified about the high quality of care they receive at
University Orthopaedics and the need for parking, there was no testimony or letters from
doctors and other medical professionals in Astoria detailing how their medical practices
are negatively impacted due to a lack of floorspace. No data was presented, either in the
way of demographic trends in the 11105 zip code, average wait times for initial
appointments or patients who needed referrals to diagnostic imaging or specialized
procedures.
At one point the applicant indicated that 27 doctors and additional support staff would
occupy the new ambulatory care facility. The Board and members of the public never
heard directly from these medical professionals as to the need for approval of the special
permit.
It should also be noted that the current location of University Orthopaedics is at 23-18
31st Street, directly across the street from 23-25 31st Street. Agora Plaza, as it is known,
has an elevator, 50-car parking garage and a 10 space outdoor parking lot.
Additionally, there were no financial statements or records presented by the applicant
indicating any sort of financial hardship that necessitates approval of the special permit.
4
Structural integrity, profitability and occupancy predicated upon the extra ten feet
of depth
The building at 23-25 31st Street relies upon the additional ten feet of depth for three
major components: structural integrity, support of two 100,000 pound fire protection
water tanks at the rear of the building and expanded floorplates. The marketability of the
office space is inextricably linked, according to the applicant, to having floorplates that
support modern medical office use.
As noted in previous submissions to the Board, the additional ten feet of space not only
results in a building that can sustain earthquake and wind loading, but the building gains
an additional 8,750 square feet of rentable and highly desirable office space. Even at a
nominal $30/square foot/year, this space generates $262,500 per year.
According to plans provided by the applicant, the building has 53,993.3 square feet of
usable FAR Floor Area, not including parking. Multiplied again by a conservative
$30/sq. ft/year, this results in a gross profit of $1,617,799 per year; the building will
generate a gross income of $48,533,970 over a 30-year building life span. The entire
floor area relies upon the structural integrity of the building while the Certificate of
Occupancy is dependent on the fire protection provided by the water tanks.
Also worth noting is that a Generac industrial backup generator has been installed on the
roof, which adds to the building’s marketability. Despite requests for the model number
and fuel type of the generator from the public, the applicant has declined to provide them
to the Board. Assuming a middle of the road, 250 kilowatt (kW) diesel-powered Generac
Industrial model, the weight range for a generator with a weatherproof enclosure is 6,316
to 10,356 pounds, according to specification sheets provided by the manufacturer. The
structural engineering of the building allows for this additional weight.
5
Ten additional feet of building depth represents everything – structural engineering,
profitability, expanded floorplates, marketability and building occupancy to Pali Realty
LLC. As it stands now, the NYC Finance Department estimates the market value of
23-25 31st Street to be $5.025 million for the 2013-2014 tax year.
Most importantly, Pali Realty, LLC and owner Yiannis Konstantinidis stand to profit
tremendously from their building if the special permit is approved while property values
of adjacent homeowners and property owners will be decimated.
There should be no financial benefit for Pali Realty LLC until property owners on 31st
and 32nd Streets are made whole and fully compensated for the damage done to their
properties by this developer.
A full written explanation of how the “mistake” occurred is required by both
architect John M. Schimenti (NYS Architect #015046) and the NYC Department of
Buildings
The applicant claims that the second of three project architects made a mistaken when
designing the building and did not adhere to Z.R. 33-292. The faulty plans were then
approved by the NYC Department of Buildings.
The Board must require the applicant to provide a letter of explanation about how the
error occurred from architect John Schimenti (NYS Architect #015046). Additionally, the
Board must formally request a letter from the NYC Department of Buildings (DOB)
explaining the process of approval and how the errors occurred. Derek Lee, the current
DOB Queens Borough Commissioner and Ira Gluckman, former Queens Commissioner
(and current Brooklyn and Staten Island Commissioner) must explain the actions of their
office. Commissioner Gluckman was in charge of the Queens DOB office when the plans
were approved in 2011.
6
Applicant Actively and Methodically Manipulated Queens Community Board #1
Through the concerted act of hiding information in architectural renderings, Pali Realty
LLC and Yiannis Konstantinidis actively and methodically manipulated Queens
Community Board #1 to garner their affirmative approval of BSA 315-12-BZ. The
original BSA filing, dated November 2012, was presented to CB #1 and later voided in
the BSA process.
Architectural drawings of the site presented to the Queens CB #1 before their December
18, 2012 hearing:
-were presented without a legend or key
-lacked descriptions of equipment.
-did not include list of homeowners within 400 feet of building that were in the
BSA file.
-did not include site photographs that were in the BSA copy of the file
The lack of these items did not allow members of the Community Board to make an
educated decision about the application. Exhaust vents were called “mechanical
equipment”. While accurate and a widely accepted architectural term, “mechanical
equipment” is not precise. Descriptions of equipment, including make and model
numbers would’ve also shown CB#1 members that exhaust vents were at the rear of the
building. Pictures of the site would’ve assisted Community Board members who were not
familiar with the new building’s location in relation to other properties. Finally, the
applicant withheld the list of owners within 400 feet of the new building, giving Pali
Realty LLC a competitive advantage when it came to outreach.
7
Project Architect Gerald Caliendo
Gerald Caliendo, the architect of record for the project, is the co-chair of Queens
Community Board #1’s Zoning and Variance Committee. As a professional and as a
trusted community board member, he had the opportunity to clarify his client’s intent
very early on. He was present at the December 18, 2012 meeting and, while he abstained
from voting, he also remained silent when it came to explaining that mechanical
equipment on the rear of the building were, in fact, exhaust vents for the 135-car parking
garage.
The American Institute of Architects Code of Ethics and Professional Conduct Rule
2.104 states: “Members shall not engage in conduct involving fraud or
wanton disregard of the rights of others.” Gerald Caliendo clearly engaged in wanton
disregard of the rights of others in remaining silen when he knew the design of his
building would negatively impact the properties on 32nd Street.
Gerald Caliendo’s behavior was not a conflict of interest as defined by the Conflict of
Interest Board because he abstained from voting, but he did violate Rule 2.104 of the
AIA Code of Ethics and Professional Conduct. I also believe Caliendo wielded informal
influence over the zoning and variance committee since Community Board members who
are not architects deferred to his professional judgment in helping them to arrive at their
decision to either vote for or against the application. It should be noted that the other
Zoning and Variance committee co-chair is Mr. John Carusone, the original project
architect for Pali Realty. I believe he also wielded informal influence that swayed his
committee to endorse the application.
8
Because the Building is already 90% complete, Pali Realty must be held to a higher
standard
Applications before your Board are typically made before construction commences, not
afterwards. The fact that this building was 90% complete before the BSA application was
submitted points to the arrogance of the owners, architects and general contractor. It
makes it much harder for your Board to say no. In this case, however, it needs to happen.
This building and its owners must be held to a higher standard because their
strategy was to construct the building and then seek permission. Pali Realty had
plenty of opportunities to correct their errors and refused to do so.
Our efforts, collectively as neighbors, have been rooted in openness, honesty and trust.
The efforts of Konstantinidies and Pali Realty, LLC have been rooted in deception and
placation. We thought we were making progress, especially with the insurance
companies, but that has been placed in jeopardy.
If Pali Realty is not to commit, deeply and in writing, to making neighbors whole, then I
am going to oppose their efforts to profit from the destruction of my neighbors properties.
I am calling for the deconstruction of the ten feet of additional
building.
If you decide to vote yes, however, you must put in the toughest regulations that force
Pali Realty LLC and Yiannis Konstantinidis to make adjacent property owners whole.
9
While I am not a lawyer, the language might look something like this:
WHEREAS:
• The following items pertain to BSA 315-12-BZ, also known as 23-25 31st Street,
Block 835 Lots 27 and 31.
• Queens Community Board #1 recommended approval with stipulations, the most
important of which is that Pali Realty, LLC will restore damaged properties on
32nd Street and 31st Street to their original conditions before construction began.
• Queens Community Board #1 viewed the application dated November 2012,
which included a set of architectural renderings for the building that lacked a
legend or key.
• Queens Community Board #1 viewed a set of architectural renderings dated
November 2012 for the building that lacked detailed make and model descriptions
of the exhaust fans and other mechanical equipment.
• the building was already 85%, including all of the superstructure and exterior
walls at the time of November 2012 application.
• the building, as of the date of the original application in November 2012, had
already encroached ten feet into the 30-foot required rear yard setback.
• the Commissioners visited the site, but only viewed it from the street.
• the structural engineering of the building relies on the additional ten feet of depth
for various support columns.
• the aforementioned columns support two 100,000 pound water tanks atop the
roof.
10
• the columns also support the weight of a backup generator atop the roof.
• the additional ten feet of depth resulted in an additional 8,750 square feet of
usable floor space.
• the additional ten feet of depth, which is already built, allows the floorplates to
support a modern healthcare facility.
• the additional ten feet is integral to the financial success and viability of the
building.
• the properties in question, Block 835 Lots 27 and 31 in Queens, NY were
purchased in 2007.
• the owner, Pali Realty, LLC began excavation and shoring only after Astoria
underwent rezoning in May 2010, which rezoned the parcels to C4-3.
• The new C4-3 Rezoning allowed for greater FAR. In this case, the FAR for
Community Facility use is 4.8, which the applicant designed the ambulatory care
facility to meet.
• FAR of 4.8 in the C4-3 zone abuts homes on 32ndSt. that are zoned R5B and have
a maximum FAR of 1.35.
• the second of three architects who were hired by the owner, John M. Schimenti
(NYS Architect #015046) , made a mistake that overlooked ZR 33-292, which
requires a 30-foot deep rear yard.
• the mistake resulted in the building encroaching ten feet too deep.
11
• the applicant, Pali Realty LLC, has never submitted any letter explaining
precisely how the error occurred.
• The applicant never submitted a letter from Architect John Schimenti explaining
how the error occurred.
• The applicant never submitted a comprehensive timeline of events.
• the NYC Department of Buildings Queens Borough Office signed off on the plans
on 3/31/11. (See BIN 4017180 Job No. : 420229194 Scan Code SC441797990)
• the NYC Department of Buildings never submitted a letter explaining why the
plans were approved even though new zoning regulations were in effect.
• the NYC Department of Buildings never submitted the results of their audit that
resulted in the stop work order and discover
• Pali Realty was aware of the damage their general contractor caused as early as
August 2012.
• the owners did not move forward with trying to resolve the damages they caused
to adjacent 32nd Street homeowners until March 2013.
• Pali Realty LLC’s general contractor illegally removed the rear fences of 32nd
Street properties in the course of excavation and shoring work.
• Pali Realty LLC’s general contractor did not return or replace the fences.
• The project architect, Gerald Caliendo, is also the Co-Chair of Queens
Community Board #1’s Zoning and Variance committee.
12
• Mr. Caliendo, though present at the December 18, 2012 meeting, did not vote.
• Mr. Caliendo was aware his architectural renderings were being presented and did
not inform the board and members of the public of the exhaust vents at the rear
setback as indicated on the original plans.
• At the Queens Borough Hall Land Use meeting on January 10th, Mr. Caliendo
did explain that the symbols on his architectural renderings of November 2012
represented exhaust vents.
• A coalition of 32nd Street neighbors, known as the “Opposition” attended various
public BSA hearings from February through April.
• The Opposition made their concerns and positions consistently known throughout
the entire application process from the Borough President’s hearing moving
forward.
• The Opposition still has concern about light pollution coming from the 130 office
windows at the rear of the building.
• The Opposition made a request for lights to be turned off after 8 p.m. or for
shades to be pulled down.
• The Opposition has made a request for downward facing ankle high lights to be
mounted around the interior parapet perimeter.
• The applicant still has not presented any architectural renderings or plans for any
rear-facing security lights.
• The applicant resubmitted plans to indicate that the exhaust vents would be
moved to the front of the building.
13
• The applicant also indicated that there would be intake louvers, with no fans
attached, on the rear setback.
• The applicant indicated the emergency stairwell pressurization fans would only be
activated when the building’s fire alarm system is activated.
• The applicant indicated the glass block at the rear wall will be replaced with solid
concrete block.
• The Opposition declined the white vinyl fence and confiers proposed by the
applicant, citing a collective concern about flying debris.
• The Department of Buildings has indicated on the Certificate of Occupancy notes
that the owner/operator must employ paid parking attendants when the garage in
operation.
• “C of O Comments for Document 01
• THE OWNER/OPERATOR SHALL EMPLOY PAID ATTENDANTS FOR
THE PARKING AT THE FIRST FLOOR, BASEMENT, CELLAR AND SUB-
CELLAR TO BE AVAILABLE TO HANDLE THE PARKING AND MOVING
OF AUTOMOBILES AT ALL TIMES WHEN SUCH SPACES ARE IN USE”
• http://a810-
bisweb.nyc.gov/bisweb/JB2CommentsServlet?requestid=3&passjobnumber=4202
29194&allbin=4017180
• There is currently a stop work order from the rear property line to ten feet into the
building due to exposed beams and lack of packed fill at the rear lot line.
14
THEREFORE BE IT RESOLVED
You must impose the strongest of restrictions on Pali Realty, LLC if you decide to vote
yes.
These restrictions, shaped and crafted by legal experts (which I’m not) should include:
-adherence to recommendation of CB 1 to make homes whole.
-correction of beams and repacking of earth at rear, but access only with permission of
homeowners.
-passive intake not connected to or near any fan (model shoud be specified)
-strict adherence to noise regulations
-glass block replaced with concrete.
-rear lights off after 8 or covered by normal shades.
-rear lighting plan (ankle high lights)
-restrictions in perpetuity.
-this decision shall be restricted to this property only and should not be precedent setting
moving forward.
-indicates that a “mistake” was made by the architect that resulted in the building being
compelted.
-the decision should reflect the 85% completed nature of the building and clearly indicate
that this building has already been constructed.
-Restriction on deed and C of O that BSA must be notified when ownership changes.
-Adherence to noise code regulations.
Thank you again for your consideration and time.
Sincerely,
Norm Sutaria
23-30 32nd Street
Astoria, NY 1105