16-12-BZ CEQR #12-BSA-070K APPLICANT – Eric Palatnik, P.C., for Congregation Adas Yereim, owner. SUBJECT – Application April 2, 2015 – Amendment of a previously approved Special Permit (§73-19) permitting a school (Congregation Adas Yereim) contrary to use regulations (§42-00). The amendment seeks changes to the interior, an increase in the height of the building. M1-2 zoning district. PREMISES AFFECTED – 184 Nostrand Avenue, northwest corner of Nostrand Avenue and Willoughby Avenue, Block 01753, Lot 0042, Borough of Brooklyn. COMMUNITY BOARD #3BK Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta……………………………....…5 Negative: ………………………………………………0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated August 11, 2015, acting on New Building Application No. 320416867, reads in pertinent part: “The proposed amendment is contrary to BSA Calendar Number 16-12-BZ and must be referred to the Board of Standards and Appeals. The proposed amendment to increase the height, make minor changes to the building footprint, and to make interior configuration changes is contrary to BSA Calendar Number 16-12-BZ”; and WHEREAS, this is an application under ZR § 73-11 for an amendment to a special permit for a school, in an M1-2 zoning district, previously granted by the Board, to allow minor interior changes to and a change to the height of the proposed building; and WHEREAS, this application has been brought on behalf of Congregation Adas Yereim (the “School”), a not-for-profit educational institution; and WHEREAS, a public hearing was held on this application on October 27, 2015, after due notice by publication in The City Record, with continued hearings on December 15, 2015, April 5, 2016, and closed on May 17, 2016. On October 14, 2016 it was taken off- calendar. On September 27, 2018 it was reopened and closed for decision on October 30, 2018, subsequent reopening on January 29, 2019, and then to decision on March 19, 2019; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Scibetta and former Commissioner Montanez performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 3, Brooklyn, recommends disapproval of this application, citing concerns with outstanding violations at the subject site and community opposition; and WHEREAS, the subject site is located on the northwest corner of Nostrand Avenue and Willoughby Avenue, in an M1-2 zoning district, in Brooklyn; and 16-12-BZ CEQR #12-BSA-070K of the first floor, removal of a therapy room, the addition of a computer laboratory and elimination of the rooftop play area; and WHEREAS, the applicant states that the bulk of the proposed building does not create a new non- compliance or increase the degree of non-compliance with applicable zoning regulations, in accordance with ZR § 73-03(g); and WHEREAS, the Board notes that no applicable bulk regulations have been waived herein, so DOB must ensure compliance with bulk regulations and other applicable zoning regulations; and WHEREAS, in response to questions from the Board regarding concerns from the community, the applicant revised the drawings to remove any elevator access to the roof of the proposed building; and WHEREAS, regarding questions from the Board about the effect of the building height on the built character of the surrounding area, the applicant studied the surrounding area, finding that the proposed height of 47 feet comports with existing conditions in the neighborhood; and WHEREAS, in response to community concerns and direction from the Board, the applicant represents that all penalties for outstanding violations have been paid; and WHEREAS, the applicant states that a lease provided to the Board reflects that there is bus parking available to the School at 101 Varick Avenue, Brooklyn, for six (6) school bu

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