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.

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 #1s 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.

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 communitys need for a state-ofthe-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.

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 buildings 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.

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.

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 wouldve also shown CB#1 members that exhaust vents were at the rear of the building. Pictures of the site wouldve assisted Community Board members who were not familiar with the new buildings 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.

Project Architect Gerald Caliendo Gerald Caliendo, the architect of record for the project, is the co-chair of Queens Community Board #1s Zoning and Variance Committee. As a professional and as a trusted community board member, he had the opportunity to clarify his clients 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 Caliendos 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.

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.

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.

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.

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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 LLCs general contractor illegally removed the rear fences of 32nd Street properties in the course of excavation and shoring work. Pali Realty LLCs general contractor did not return or replace the fences. The project architect, Gerald Caliendo, is also the Co-Chair of Queens Community Board #1s Zoning and Variance committee.

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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 Presidents 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.

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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 buildings 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 SUBCELLAR TO BE AVAILABLE TO HANDLE THE PARKING AND MOVING OF AUTOMOBILES AT ALL TIMES WHEN SUCH SPACES ARE IN USE http://a810bisweb.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.

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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 Im 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

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