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Sweeping Bayside downzoning gets Council nod

By Sophia Chang

The massive rezoning that gives Bayside the city's strictest residential building requirements was approved by the full City Council 49-0 Tuesday, with one abstaining vote by Councilwoman Melinda Katz (D-Forest Hills). In the absence of an unlikely veto by the downzoning-friendly mayor Michael Bloomberg, the rezoning is on the books as law.”It's effective immediately,” said City Councilman Tony Avella (D-Bayside), who has been the main advocate behind the Department of City Planning proposal to combat what critics call overdevelopment of Bayside and construction of McMansions, homes that are blasted as being too large for average-sized lots and non-compliant with building codes.The plan to downzone more than 350 blocks in Bayside has generated enormous community controversy since its official introduction last fall. The main thrust of the plan rests on rezoning the area's single-family detached houses from R2 to the newly created R2A zoning designation, which contains several further restrictions on the size of houses.An initial Department of City Planning proposal put forth last year was roundly condemned as being too generous to builders. After the suggested rezoning was further tightened in December the proposal gained more support in the community and was approved by Borough President Helen Marshall, although debate goes on over the downzoning's merits. While supporters of the R2A zoning designation say it is the best weapon against McMansions, critics have contended the designation was architecturally restrictive and unnecessarily harsh.Community Board 11 Chairman Jerry Iannece appeared before the City Council's Subcommittee on Zoning and Franchises last week to state his fears that the downzoning might make some existing homes in Bayside non-compliant and place such strictures on development that an exodus might be imminent. In a recent phone interview, Iannece offered his qualified congratulations on the legislation.”The spirit of this entire movement was to stem development of supersized homes, not to stop all development. I'm hoping this doesn't do that,” he said. “But I think this is a big step in the right direction.”With the rezoning in place, some of the ongoing construction projects in Bayside will have to be modified to accommodate the new zoning codes unless the foundation for a new building was poured before the law took effect Tuesday, Department of Buildings spokeswoman Jennifer Givner said. She said the city agency is sending out inspectors to document these new homes so that they can determine who is grandfathered and who must follow the new R2A zoning rules. For example, the construction at 35-25 211th St. will have to conform to R2A code, although last week a partially demolished house still stood at the site and Givner said the owner had not applied for any permits, including a permit for demolition.With other neighborhoods in line for downzoning to R2A, including Whitestone, College Point, Douglaston and Little Neck, Bayside's successful, if tortured, march to rezoning has been called a bellwether for the future of low-density development in Queens.”Not only is it a wonderful achievement for the residents of Bayside to preserve the quality of life, but now it is a template for other residential neighborhoods,” Avella said.Reach reporter Sophia Chang by e-mail at news@timesledger.com, or by phone at 718-229-0300, Ext. 146.