2010-10-29 / Top Stories

Shorefront Developer Gets Extension To Build

By Miriam Rosenberg

In a file photo from September, representatives from Landmark Developers of Rockaway, including Michael Kerris (left) of Frameworks Group Real Estate Developers, make a presentation to Community Board 14 to obtain approval from the board for their application to the Board of Standards and Appeals to continue to build under prior zoning regulations. In a file photo from September, representatives from Landmark Developers of Rockaway, including Michael Kerris (left) of Frameworks Group Real Estate Developers, make a presentation to Community Board 14 to obtain approval from the board for their application to the Board of Standards and Appeals to continue to build under prior zoning regulations. Despite protests from area residents and the disapproval of Community Board 14, the city’s Board of Standards and Appeals has granted the developer of property located at 93-06 Shorefront Parkway permission to continue building a six-story building between Beach 94 and Beach 93 Streets.

The decision to give “extension of time to complete construction of a minor development commenced under prior R6 zoning” was made by the BSA on October 19 after developers and opponents appeared before the board earlier this month. The area is now zoned R5A. According to the BSA’s decision, Landmark Developers of Rockaway, the owners of the property, proved that “100 percent of the excavation; 100 percent of the foundation (including the installation of over 300 driven piles); and the installation of a complex drainage system” were all completed. Between funds already spent (almost $3 million), which is 17 percent of the more than $17.5 million of the total cost, and work done, the agency concluded that the developer was “entitled to the requested reinstatement of the permits, and all other permits necessary to complete the proposed development.”

The decision says that the Board was “not swayed by any of the Opposition’s arguments, it [the Board] nevertheless understands that the community residents and elected officials worked diligently on the Rockaway Neighborhoods Rezoning and that the Proposed Development does not comply with the new zoning parameters.”

According to an email from the Rockaway Beach Civic Association, the organization submitted a letter to oppose the continuation of vesting rights for the developer.

“At the September 14, 2010 Community Board 14 meeting, after testimony from more than 10 residents and a petition … with more than 100 signatures, Community Board 14 supported our community and voted to OPPOSE the continuation of vesting rights.”

As The Wave reported in September while the foundation for the six-story building was finished before the zoning changed to R5A in 2008, the developers say work on the building stopped because there was no money to continue. Despite the objections of the community, which spoke against the application and gave CB 14 a petition containing 100 signatures against the application, the developers were seeking a two-year extension from the BSA to continue building when the market turns around.

Although they are only advisory, CB 14 voted 13 to 12 that the BSA not grant the developers the extension that they are seeking.

Landmark Developers will have one term of two years to complete the development and obtain a certificate of occupancy. The extension will expire on October 19, 2012.

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