Illegal Construction on Jasmine and Parsons

Dear Acting Commissioner LiMandri,

The ongoing construction and destruction of the once beautiful corner house at Jasmine and Parsons Ave.

(147-10 Jasmine Ave.) is presently undergoing the installation of the foundation for a 6 foot high concrete barricade that is intended to surround the entire property and has already caused the destruction of valuable City owned public street trees. Its completion will further allow degradation of the esthetic beauty of our neighborhood and the infringement on our quality of life and property values.

Upon studying the recently passed new laws regarding restrictions on fences:

Yards Text Amendment - Department of City Planning (Adopted On April 30, 2008)

The following is a modification added on March 24, 2008 to the now adopted 'Side Yards' zoning law taken directly from the City Planning web site:

New Fence height restrictions

Reduce allowable front yard fence and wall height in R1- R5 districts from 8 feet to 4 feet, except that on corner lots, permit a height of 6 feet where a front yard overlaps a side yard

Section 23-44 was clarified so that fence and wall height is measured from the adjoining grade and that on corner lots, a six foot high fence is only permitted in the area where a front yard overlaps with a side yard.

The 6 foot wall that the developer is presently installing around the entire property is clearly illegal. Note that clarification of Section 23-44 restricts the portion of the property where a 6 foot fence is permitted. The developer is now installing the foundation for a 6 foot barricade type concrete wall to extend along the entire perimeter of the property including both the entire side and front yards.

Strict enforcement of this new New York City regulation by the Department of Buildings is imperative and expected to help preserve our residential communities.

Joe Amoroso, KPCA Zoning Chair

QCC Zoning & Code Enforcement Co-Chair