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Land Use, Housing & Zoning

Request from Five Points JV L.P., for a special permit pursuant to Sections 13-451 of the New York City Zoning Resolution, to allow for 23 accessory off-street parking facilities at 262 5th Avenue.

At the regularly scheduled monthly Community Board Five meeting on Thursday, May 11, 2023, the following resolution passed with a vote of 27 in favor; 1 opposed; 2 abstaining:

WHEREAS, The special permit is for a portion of the ground floor and sub-cellars of a proposed residential development under construction at 262 Fifth Avenue (Block 830, Lot 44) with 23 maximum accessory parking spaces; and

WHEREAS, The Zoning Lot is located in Manhattan Community District 5, which is a rectangular-shaped lot located on the southwest corner of the intersection of Fifth Avenue and W. 29th Street; and

WHEREAS, The Applicant proposes to construct a new, approximately 137,459 gross square-foot (gsf) residential building that would have 26 dwelling units with 23 accessory off-street parking spaces, five of which are as-of-right; and

WHEREAS, The Applicant intends to make all accessory off-street parking spaces in the Garage, available for residents of the buildings; and

WHEREAS, The Garage will not have any parking spaces located on the ground floor. Rather, only the Garage entrance and exit, and necessary reservoir spaces, are located above-grade. The Garage’s parking spaces will be located in the subcellars; and

WHEREAS, No portion of the automated Garage will be located above the building’s ground floor; and

WHEREAS, The accessory off-street parking spaces will be accessed by a single curb cut measuring 12 feet wide, including splays; and

WHEREAS, The building is located in a transit-rich district well served by subway, and bus; and

WHEREAS, According to census data, 83% of residents in the census tracts do not have access to a vehicle; and

WHEREAS, The proposed development would rise to a height of approximately 860’, have 56 stories, and Only contain 26 market rate dwelling units, and the average size of the units would be 4,400 square feet and would range from duplexes to quadruple Ed, and in our city’s current housing crisis, the size, scale and affordability level of this development encompassing only 26 dwelling units in the proposed 56 stories of residential development tragically fails to  address the housing needs of the district; therefore, be it 

RESOLVED, Community Board Five recommends the denial of an application by Five Points JV L.P to construct 18 additional parking beyond the 5 parking spaces as-of-right permitted under the zoning resolution.

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