CITY PLANNING COMMISSION June 2, 1999/Calendar No. 9 C 910331 MMQ

IN THE MATTER OF an application submitted by Lindenwood Development Corp. pursuant to Sections 197-c and 199 of the Charter and Section 5-430 et seq. of the New York City Administrative Code for an amendment to the City Map involving the elimination, discontinuing and closing of 79th Street from South to Linden ; the elimination, discontinuing and closing of Dumont Avenue from South Conduit Avenue to 78th Street (formerly Sapphire Street); the adjustment of grades necessitated thereby; and the delineation of sewer easements; and any acquisition or disposition'of real property related thereto in Community District 10, Borough of , all in accordance with Map No. 4908 dated May 12, 1995 and signed by the Borough President of Queens.

The application for an amendment to the City Map involving:

the elimination, discontinuing and closing of 79th Street from

South Conduit Avenue to ;

the elimination, discontinuing and closing of Dumont Avenue from

South Conduit Avenue to 78th Street (formerly Sapphire Street);

the adjustment of grades necessitated thereby; and

the delineation of sewer easements;

and any acquisition or disposition of real property related thereto

was submitted by Lindenwood Development Corp. on March 6, 1991 in

connection with the development of a shopping center in Community

District 10, Queens.

RELATED ACTIONS

In addition to the amendment of the City map, which is the

subject of this report, implementation of the proposed development

also requires action by the City Planning Commission on the

following application which is being considered concurrently with

this application: C910332ZMQ A change in the zoning of an area on zoning maps

18a and 18b from R4 to C4-2.

BACKGROUND

The applicant is proposing that the City eliminate, discontinue and close a portion of 79th Street from South Conduit

Avenue to Linden Boulevard and reserve a 60-foot-wide easement in its place. This portion of 79th Street is in City-ownership and is not improved. The applicant also proposes that the City eliminate a portion of Dumont Avenue from 78th Street (also known as Sapphire

Street) to South Conduit Avenue. This portion of Dumont Avenue is owned by the applicant and is also not improved. The applicant will grant to the City an easement the eliminated bed of Dumont

Avenue from South Conduit Avenue to the easement in the eliminated bed of 79th Street. The elimination of these streets will create a superblock, upon which the applicant proposes to develop a shopping mall and parking lot.

ENVIRONMENTAL REVIEW

This application (C 910331 MMQ), in conjunction with the related action, was reviewed pursuant to the New York State

Environmental Quality Review Act (SEQRA), and the SEQRA regulations set forth in Volume 6 of the New York Code of Rules and

Regulations, Section 617.00 et seq. and the City Environmental

Quality Review (CEQR) Rules of Procedure of 1991 and Executive

Order No. 91 of 1977.

Page 2 C 910331 MMQ The co-lead agencies are the Department of City Planning and the Department of Environmental Protection. The designated CEQR number is 91-152Q. A Draft Environmental Impact Statement was prepared.

A summary of the environmental review and the Final

Environmental Impact Statement (FEIS) appears in the report on the related application for the change in the zoning map (C910332ZMQ).

UNIFORM LAND USE REVIEW

The application (C 910331 MMQ), in conjunction with the application for the related action (C 910332 ZMQ) was certified as complete by the Department of City Planning on February 8, 1999, and was duly referred to Community Board 10 and the Borough

President, in accordance with Article 3 of the Uniform Land Use

Review Procedure (ULURP) rules.

Community Board Public Hearing

Community Board 10 held a public hearing on this application in conjunction with the related application (C910332ZMQ) on March

4, 1999 and on that date, by a vote of 27 in favor, with 2 opposed and 2 abstentions, adopted a resolution recommending approval of the application. A summary of the Community Board's comments appears in the report on the related application for the zoning change (910332ZMQ).,

Page 3 C 910331 MMQ Borough President Recommendation

The Borough President of Queens held a hearing on this

application in conjunction with the related application (C 910332

ZMQ) on March 25, 1999 and issued a recommendation on April 9, 1999

approving the application, subject to conditions that are

summarized in the report on the related zoning change (C910332ZMQ).

City Planning Commission Public Hearing

On April 21, 1999 (Calendar No. 2) the City Planning

Commission scheduled May 5, 1999 for a public hearing on this

application. The hearing was duly held on May 5, 1999 (Calendar No.

9). There was one speaker representing the applicant and the

hearing was closed.

CONSIDERATION

The City Planning Commission believes the amendment to the

City map is appropriate.

The two streets proposed to be eliminated, discontinued and

closed are unimproved and unnecessary to the traffic system in the

area. Adequate traffic circulation is provided by Conduit Boulevard

to the northeast and Linden Boulevard to the south. No abutting

property owners require the streets to remain in existence in order

to provide access to their properties. Elimination of the streets

and their disposition to the abutting owner will enable the

consolidation of a site for the development of a shopping center

that will provide both needed shopping and a source of employment

Page 4 C 910331 MMQ in the area.

Therefore, the City Planning Commission, deeming the proposed amendment to the City Map and any related acquisition or disposition of real property to be appropriate, adopts the following resolution.

RESOLUTION

RESOLVED, that having considered the Final Environmental

Impact Statement (FEIS), for which a Notice of Completion was issued on May 19, 1999, with respect to this application (CEQR No.

91-152Q), the City Planning Commission finds that the requirements of Part 617, State Environmental Quality Review, have been met and that, consistent with social, economic and other essential considerations:

1 From among the reasonable alternatives thereto, the

actions to be approved are ones which minimize or avoid

adverse environmental impacts to the maximum extent

practicable; and

2. The adverse environmental impacts revealed in the

environmental impact statement will be minimized or

avoided to the maximum extent by incorporating as

conditions to this approval those mitigative measures

that were identified as practicable.

The report of the City Planning Commission, together with the

FEIS, consitutes the written statement of facts, and of social, economic and other factors and standards, that form the basis of

Page 5 C 910331 MMQ the decision, pursuant to Section 617.9(c) (3) of the SEQRA regulations; and be it further

RESOLVED, by the City Planning Commission, pursuant to

Sections 197-c and 199 of the New York City Charter, that based on the environmental determinations and the consideration described in this report, the application (C 910331 MMQ) of Lindenwood

Development Corp. for an amendment to the City Map involving

the elimination, discontinuing and closing of 79th Street

from South Conduit Avenue to Linden Boulevard;

the elimination, discontinuing and closing of Dumont Avenue

from South Conduit Avenue to 78th Street (formerly Sapphire

Street);

the adjustment of grades necessitated thereby; and

the delineation of sewer easements; and any acquisition or disposition of real property related thereto in Community District 10, Borough of Queens, all in accordance with

Map No. 4908 dated May 12, 1995 and signed by the Borough

President, is approved, and be it further

RESOLVED, that pursuant to section 5-432 of the New York City

Administrative Code, the City Planning Commission determines that such closing and discontinuance will further the health, safety, pedestrian or vehicular circulation, housing, economic development or general welfare of the city; and be it further

RESOLVED, that pursuant to section 5-433 of the New York City

Page 6 C 910331 MMQ Administrative Code, the City Planning Commission adopts three (3) counterparts of Map No. 4908 dated May 12, 1995 providing for the discontinuance and closing of:

79th Street from Linden Boulevard to South Conduit Avenue;

and

Dumont Avenue from 78th Street (formerly Sapphire Street)

to South Conduit Avenue, more particularly described as

follows:

BEGINNING at a point on the northerly line of Linden Boulevard, said point being distant 180 feet westerly along the northerly line of Linden Boulevard from its intersection with the westerly line of South Conduit Avenue, as said streets are shown on Alteration Map No. 4908, dated May 12, 1995;

Running thence northerly along the former easterly line of 79th Street, discontinued and closed, perpendicular to the northerly line of Linden Boulevard, for 395.47 feet to the former southerly line of Dumont Avenue, discontinued and closed;

Thence easterly along the former southerly line of Dumont Avenue, discontinued and closed, forming an interior angle of 270 degrees with the last mentioned course, for 180.00 feet to the westerly line of South Conduit Avenue;

Thence northerly along the westerly line of South Conduit Avenue, forming an interior angle of 80 degrees, 47 minutes, 36.6 seconds with the last mentioned course, for 81.04 feet to the former northerly line of Dumont Avenue, discontinued and closed;

Thence westerly along the former northerly line of Dumont Avenue, discontinued and closed, forming an interior angle of 99 degrees, 12 minutes, 23.4 seconds with the last mentioned course, for 167.03 feet to the former easterly line of 79th Street, discontinued and closed;

Thence northerly along the former easterly line of 79th Street, discontinued and closed, forming an interior angle of 270 degrees with the last mentioned course, for 220.80 feet to the southerly line of South Conduit Avenue;

Thence northwesterly along the southerly line of South Conduit Avenue, on the arc of a circle, curving to the left, the radius of which is 854.551 feet, the tangent-of which forms an interior angle

Page 7 C 910331 MMQ of 133 degrees, 34 minutes, 13.5 seconds with the last mentioned course, for 104.60 feet to the former westerly line of 79th Street, discontinued and closed;

Thence southerly along the former westerly line of 79th Street, discontinued and closed, forming an interior angle of 53 degrees, 26 minutes, 33.4 seconds with the tangent of the last mentioned course, for 288.08 feet to the former northerly line of Dumont Avenue, discontinued and closed;

Thence westerly along the former northerly line of Dumont Avenue, discontinued and closed, forming an interior angle of 270 degrees with the last mentioned course, for 213.14 feet to the easterly line of 78th Street;

Thence southerly along the easterly line of 78th Street, forming an interior angle of 90 degrees, DO minutes, 15 seconds with the last mentioned course, for 80.00 feet to the former southerly line of Dumont Avenue, discontinued and closed;

Thence easterly along the former southerly line of Dumont Avenue, discontinued and closed, forming an interior angle of 89 degrees, 59 minutes, 45 seconds with the last mentioned course, for 213.14 feet to the former westerly line of 79th Street, discontinued and closed;

Thence southerly along the former westerly line of 79th Street, discontinued and closed, forming an interior angle of 270 degrees with the last mentioned course, for 395.47 feet to the northerly line of Linden Boulevard;

Thence easterly along the northerly line of Linden Boulevard, forming an interior angle of 90 degrees with the last mentioned course, for 80.00 feet to the former easterly line of 79th Street, discontinued and closed, the point or place of beginning.

all such approvals being subject to the conditions that:

The subject amendment to the City Map shall take effect on the

day following the day on which certified counterparts of Map

No. 4908 are filed with the appropriate agencies in accordance

with Section 198 subsection c of the New York City Charter;

The subject amendment to the City Map shall not be filed with

the appropriate agencies in accordance with condition (a)

above until the applicant shall have executed an agreement

Page 8 C 910331 MMQ protecting the city's interest; approved as to form and

sufficiency by the Corporation Counsel and accepted by the

City Planning Commission provided that, if such agreement is

not accepted by the City Planning Commission within two years

of the date of this resolution, the approved amendment to the

City Map may be returned to the City Planning Commission for

rescission; and c. The subject streets to be discontinued and closed shall be

discontinued and closed on the day following the day on which

such maps adopted by this resolution shall be filed in the

offices specified by law.

The above resolution, duly adopted by the City Planning

Commission on June 2, 1999 (Calendar No. 9), is filed with the

Office of the Speaker, City Council and the Borough President of

Queens, in accordance with the requirements of Section 197-d of the

New York City Charter.

JOSEPH B. ROSE, Chairman

ALBERT ABNEY, AMANDA M. BURDEN, A.I.C.P., IRWIN G. CANTOR, P.E., KATHY HIRATA CHIN, ESQ., ALEXANDER GARVIN, ANTHONY I.GIACOBBE, ESQ., WILLIAM J. GRINKER, BRENDA LEVIN, EDWARD T. ROGOWSKY, JACOB B. WARD, ESQ., Commissioners

Page 9 C 910331 MMQ C.D.10 C910331 MMQ --., ce Refer to Alt. No. "Sbeji PARK 2 Map 4908

4/QN.,, EllI \ ....1 JOSEPH P. ADDA880 -ii:S. x44.1- s ,444;:- - 1 N ___ MEMORIAL PARK BLAKE AVE. = K --- .,

70 r .414)/1-

\---:-, -1)- SEWER EASEMENT BOROUGH OF QUEENS

DUM ON T AVE. BOROUGH OF

SEE EXAGGERATED SKETCH 'A'

LINDEN PARK BLVD.

1ISZILSEARZ(77' F.PARK

'0 a) Sob-, o rt.! CON 2 Dor 0 A IT: tn

CO 1 0, 0 C.'") I I

zrrirri LINDEN BLVD.

(f) EXAGGERATED SKETCH 'A' (NOT TO SCALE)

CITY PLANNING COMMISSION CITY OF NEW YORK

DIAGRAM SHOWING PROPOSED MAP CHANGE ON SECTIONAL MAP 18 BOROUGH OF QUEENS 42414. agaio, /it Now York, Certification Date Topographic Engineer FEBRUARY 8, 1999

SCALE IN FEET

400 0 400 NOTE: Indicates line of street legally adopted. Indicates line of street proposed to be established. Indicates line of street proposed to be eliminated. Indicates Borough Division line. Indicates Park line legally adopted. (Discontinuing and Closing is shown on Alt. Map No. 4908). THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY. Community/Borough Board ,...1 CITY PLANNING COMMISSION ' 22 Reade Street, New York, NY 10007 Recommendation FAX # (212) 720-3356 1.0.1- .

INSTRUCTIONS 1. Return this completed form with any 2. Send a copy of the completed form with attachments to the Calendar Information any attachments to the applicant's Office, City Planning Commission, Room representative as indicated on the 2E at the above address. Notice of Certification, one copy to the Borough President, and one copy to the Borough Board, when applicable.

APPLICATION # C 910331 MMQ .. DOCKET DESCRIPTION

IN THE MATTER OF an application submitted by Lindenwood Development Corp. pursuant to Sections 197-c and 199 of the New York City Charter and Section 5-430 et seq. of the New York City Administrative Code for an amendment to the City Map involving 1. the elimination, discontinuing and closing of 79th Street from South Conduit Avenue to Linden Boulevard; 2. the elimination, discontinuing and closing of Dumont Avenue from South Conduit Avenue to 78th Street (formerly Sapphire Street); 3. the adjustment of grades necessitated thereby; and 4. the delineation of sewer easements; and any acquisition or disposition of real property related thereto, within Community District 10, Borough of Queens, in accordance with Map No. 4908 dated May 12, 1995 and signed by the Borough President.

COMMUNITY BOARD NO. 10 BOROUGH Queens BOROUGH BOARD Queens

DATE OF PUBLIC HEARING March 4, 1999 LOCATION Knights of Columbus

WAS QUORUM PRESENT? X YES NO (A public hearing shall require a quorum of 20Z of the appointed members of the board, but in no event fewer than seven such members ) VOTE ADOPTING RECOMMENDATION TAKEN DATE March 4, 1999 LOCATION Knights of Columbus 135-45 Lefferts Blvd., S. Ozone Pk.

RECOMMENDATION APPROVE X APPROVE WITH MODIFICATIONS/CONDITIONS DISAPPROVE DISAPPROVE WITH MODIFICATIONS/CONDITIONS

PAGE #1 of 2

EXPLANATION OF RECOMMENDATION-MODIFICATION/CONDITIONS (Attach additional sheets if necessary) Community Board 10 raised the following concerns which it believes must be addressed before the project can go forward: 1) The current condition of the property has a significant overburden of landfill which we do not want to see promulgated. A hill has been created by this overburden of landfill which the Board does not want to become a permanent structure. Therefore, Community Board 10 recommends that before any zoning change is effected and any property is acquired, the property should be restored to the existing legal street grade elevations and they should be maintained for the project. 2) Another concern for the Board is that the use of 78th Street, which is the west side of the project, which may severly impact the surrounding area. As the project is proposed, there will be a back wall of the building that will be on the building line of 78th Street running north and south. It is our understanding that normally building owns are-required to build sidewalks arid curbs and 75% of the street beds before approval is and tbr a project of this type under a C2-2 use. There is presently a sewer project irOdemign7for this area that is projected to be in construction in 2001. Before this planned sgerlliong.truction begins, there will be a significant difference in grade between this project-langiathO'. other side of the street. CONTINUED ON SEPARATE SHEET WHICH IS ATTACHED

VOTING IN FAVOR 27 AGAINST 2 ABSTAINING 2 TOTAL MEMBERS APPOINTED TO BOARD ..

. .

(_..-- "/. ;(f ----1/L.) --- CO ITY/BOROUGH BOARD OFFICER March 18, 1999 Chairperson DATE TITLE

1/91 COMMUNITY BOARD 10 CITY OF NEW YORK BOROUGH OF QUEENS 115-01 SOUTH OZONE PARK, N.Y. 11420 (718) 843-4488 Fax: (718) 738-1184 EUZABETHBRATON ROSE PEPE Chairperson District Manager

PAGE #2 APPLICATION C 910331 MMQ (Lindenwood Development Corp.) RECOMMENDATIONS CONTINUED.

Therefore before approval, the applicant coordinate with the Department of Transportation to see how this situation can be mitigated and that Brooklyn Community Board #5 be (the border between the Borough of Queens and the Borough of Brooklyn is 78th Street) apprised of the situation so that the problem of the severe difference in grade from one side of 78th Street to the other be addressed. b. ,,,,,..-,;5,-1 , n-; fri,,,,,; .'r) 145.

Queens Borough oil en, A o en a 1 , - ",.,,,., , ,),,,,,,.0 ,.,..., $ . ,. . , -,,,,,*,,,k-i:,&;.,:,-,'rei,,,,,,,,,,,%,-8,-r:, C..y,,,,,,,. - 1 A ;WY%7,21111-,1f,11s."4:1'5W"vt/:gfi'Of-=1:rk;,. 3.1yq APPLICATION: LURP #910331 MMQ COMMUNITY BOARD: ULURP #910332 ZMQ

DOCKET DESCRIPTI

ULURP #910331 MMQ -- IN THE MATTER of an application submitted by Sheldon Lobel, P.C. on behalf of Lindenwood Development Corp., pursuant to Sections 197-c and 199 of the New York City Charter and Section 5-430 et seq. of the New York City Administrative Code, for an amendment to the City Map involving: 1. the elimination, discontinuing and closing of 79th Street from South Conduit Avenue to Linden Boulevard; 2. The elimination, discontinuing and closing of Dumont Avenue from South Conduit Avenue to 78th Street (formerly Sapphire Street); 3. The adjustment of grades necessitated thereby; and 4. The delineation of sewer easements; and any acquisition or disposition of real property related thereto, within Community District 10, Borough of Queens, in accordance with Map No. 4908 dated May 12, 1995 and signed by the Borough President. (Related item #910332 ZMQ)

ULURP #910332 ZMQ -- IN THE MATTER of an application submitted by Sheldon Lobel, P.C. on behalf of Lindenwood Development Corp., pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment of the Zoning Map, Section Nos. 18a and 18b, establishing within the existing R4 District a C2-2 District bounded by South Conduit Avenue, Linden Boulevard, and 78th Street, Borough of Queens, Community District 10, and subject to the conditions of CEQR Declaration E-93, as shown on a diagram (for illustrative purposes only) dated February 8, 1999.

PUBLIC HEARING

A Public Hearing was held in the Borough President's Conference Room at 120-55 on March 25, 1999 at 10:30 A.M. pursuant to Section 82(5) of the New York City Charter and was duly advertised in the manner specified in Section 197-c (I) of the New York City Charter. The applicant made a presentation. The hearing was closed.

CONSIDERATION

Subsequent to a review of the application, the following issues and impacts have been identified:

o This application is to demap two mapped but unimproved streets and to rezone approximately eight (8) acres from R4 to C2-2/R4 to facilitate the construction of a shopping center;

0 the subject site includes entire portions of Blocks 11358, 11359, 11376 and 11377;

o the subject site also includes 79th St. between Linden BI. and South Conduit Ave. and Dumont Ave. between Sapphire St./78th St. and South Conduit Ave.;

0 most of the site is vacant, except for a gas station, a detached 1- family residence, and a detached 2-family residence;

o The proposed shopping center would include 104,000 square feet of retail space (71,000 square feet of general retail space, a 32,000 square foot supermarket, and a 1,500 square foot bank). The project would include 409 on-site parking spaces;

o At its March 4, 1999 public hearing, Community Board 10 voted 27-2-2 with conditions to recommend approval of this application. The conditions include that the applicant: 1) restore tin elevated fill on the subject site to grade level before construction begins; and 2) worlfAvitlugle."---4 NYC Department of Transportation to address street grade and sewer issues concerniAl tit subject site and the adjacent 78th Street. CD -0 -,, 73 7e;

--0 r- >-= ""..1 RECOMMENDATION

Based on the above consideration, I hereby recommend approval of this application with the following conditions: The applicant shall 1) construct appropriate retaining walls on the perimiter of the subject site during construction and after project completion to prevent fill from encroaching upon surrounding streets and residences; 2) work with the NYC Department of Transportation to address street grade and sewer issues concerning the subject site and the adjacent 78th Street; and 3) in the event that the proposed plan is modified significantly, submit the modified plan to Community Board 10 and the Office of the Borough President for review.

/ PRESIDENT, 0ROUGH OF QUEENS DATE