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Land Use, Housing & Zoning
BSA # 188-05A, application pursuant to Ch. 666 of the City Charter and Section 72-11 ZR for an interpretive appeal of (i) Section 1266(8) of the NYS Public Authorities Law, (ii) applicable sections of the ZR and (iii) the NYC Building Code, regarding the
WHEREAS, The MTA has proposed to construct the 50th Street Ventilation Facility (VF) which will house ventilation fans and related equipment, loading docks and freight elevators, cooling towers, emergency generators and fuel storage; and
WHEREAS, The New York City Department of Buildings has taken the position that it lacks jurisdiction over buildings constructed by the MTA and therefore expresses no opinion on the VF (pursuant to Public Authorities Law Section 1266(8)); and
WHEREAS, Community Board Five believes that the building proposed by the MTA falls within an exception for facilities such as the proposed VF; and
WHEREAS, Community Board Five believes that businesses and residents within the District have a legitimate interest in the health and safety of the area which requires review by the New York City Department of Buildings; therefore be it
RESOLVED, That Community Board Five supports the application for an interpretive appeal at the Board of Standards & Appeals to deny the MTA an exemption from the jurisdiction of the New York City Department of Buildings to review and approve the MTA’s proposed ventilation facility located at 44-50 East 50th Street.
The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.