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Boro residents must watch out for zoning loopholes

By Bob Harris

Rezoning is pushed by civic leaders as the cure-all for developers who build larger than current structures, change an area's character and strain infrastructure. We rezoned in Fresh Meadows, and while it has helped, it has not stopped building.

Some 220 blocks of Laurelton were rezoned to preserve neighborhood character. About 30 percent was changed from R2 to R2A, just like Fresh Meadows, except that about 90 percent became R2A. Even so, we see larger building.

In the R2A areas, people cannot build too big. With the ability of developers and engineers to self-certify, they certify that plans are correct and the structure conforms to the plans. Laurelton residents have to watch out for things like this. Even if the city Department of Buildings checks, there is always the chance that something went wrong and was not detected.

In April, the City Council passed a law which permits only about 50 percent of a lawn to be paved over. If a cistern is built beneath the paved area, rain can be absorbed and there may not be flooding into nearby basements. But I still see houses being built with the whole area being paved over with bricks.

Other parts of Laurelton were changed to R3A, R3X and R4B. Hopefully, this is what is needed to preserve residential character and prevent over-development. In Fresh Meadows, about 85 percent of the area was R2; it was changed to R2A. People are still tearing down houses and building bigger.

On one block, 196th Place, lots were 100 feet by 60 feet instead of 100 feet by 40 feet. People are still tearing down the ranch houses there and building bigger houses due to the larger lots.

Laurelton residents better not think that the rezoning has solved their problems. There may be some blocks or lots with higher zoning which can legally be built upon. In Fresh Meadows, the western edge of the Fresh Meadows Development stopped in the middle of four blocks, all zoned R4.

When the neighborhood was rezoned R2A, many people on these four blocks did not want to be downzoned because doing so might decrease their properties' value. Now, bigger houses are being built here and one builder obtained a little extra land in the back of his lot from a neighbor and built a three-story apartment building.

A few blocks from this area, a builder discovered that a block along the service road of the Long Island Expressway was zoned C4. He bought a couple of houses, tore them down and now wants to build a 10-story commercial building to the horror of the one- and two-family houses in R3-2 blocks nearby. Laurelton and just-rezoned Cambria Heights better look for zoning loopholes and correct them if they want to maintain their quality of life.

To maintain a neighborhood's character, the civics have to keep after the DOB and make sure it watches developers, enforces zoning and makes sure violators are caught, punished and outed in the media.

Currently, if the DOB cannot gain entrance to a building, the case is closed unless a resident wants to sign an affidavit testifying that there is a property violation. But the average civic leader or neighbor does not want to open themselves up to a lawsuit from a developer who wants to make millions of dollars.

GOOD AND BAD NEWS OF THE WEEK: The $700 billion bailout has passed. Hopefully, banks will survive and credit will be available to the middle class, which needs to borrow money.

A New York Times article on Oct. 3 explained how, on April 28, 2004, the Securities and Exchange Commission voted to exempt the big investment banks from the amount of debt they could accumulate. Billions were released from reserves held against losses and used to buy mortgage-backed securities.

In 2004, the SEC let the banks police themselves in the same way the DOB lets builders and engineers self-certify themselves. The banks complained about unnecessary regulation, so the federal executive branch pushed for deregulation.