189-12-BZ APPLICANT – Kramer Levin Naftalis for Bossert LLC, owner. SUBJECT – Application January 11, 2017 of Time to Complete Construction of approved Variance (§72-21) to permit the an existing building into a transient contrary to use regulations (§22-00) which January 8, 2017. C1-3/R7-1 and R6 districts. Property is located within Heights Historic District. PREMISES AFFECTED – 98 Montague 248, Lot 15, Borough of Brooklyn. COMMUNITY BOARD #2BK Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……….……..……………..…5 Negative:……………………..……………..…………0 THE RESOLUTION – WHEREAS, this is an application of time to complete construction pursuant granted pursuant to ZR § 72-21, which modification and conversion of an existing transient hotel (Use Group (“UG”) 5)—with and accessory hotel use (UG 5) and commercial 6)—and expired on January 8, 2017; and WHEREAS, a public hearing was application on July 23, 2019, after publication in The City Record, and then that same date; and WHEREAS, Commissioner Ottley-Brown Commissioner Scibetta performed inspections subject site and surrounding neighborhood; WHEREAS, the subject site is bound Street to the north, Hicks Street to the west Street to the south, partially within an R7-1 district and partially within an R6 zoning the Limited Height (LH-1) District and Heights Historic District, in Brooklyn; and WHEREAS, the site has approximately frontage along Montague Street, 200 along Hicks Street, 78 feet of frontage Street, 15,635 square feet of lot area and 14-story with cellar, basement and commercial building, currently under construction; WHEREAS, the Board has exercised over the subject site since January 8, 2013, the subject calendar number, the Board variance, pursuant to ZR § 72-21, modification and conversion of an existing transient hotel (UG 5) with 280 rooms hotel use (UG 5) and commercial use (UG not conform with use regulations pursuant 10 and 32-14, on condition that any substantially conform to drawings as they objections, filed with the application; the bulk parameters of the proposed building: wall height of 147 feet, and a total height total floor area of 180,533 square feet (11.55 ratio (“FAR”)); transient hotel floor area square feet; commercial floor area of 2,884 and a maximum of 280 hotel rooms (including following conditions be applicable to restaurant and terrace: no music, 189-12-BZ WHEREAS, the applicant submits commencement of construction at the delayed due to difficulties in matching historic including marble window surrounds and estimates that construction is 95 percent WHEREAS, based upon its review the Board finds that a one (1) year extension complete construction is appropriate conditions, as set forth below. Therefore, it is Resolved, that Standards and Appeals amends the resolution, January 8, 2013, so that as further amended of the resolution reads: “to grant a one (1) of time to complete construction to July condition: THAT substantial construction shall by July 23, 2020, as evidenced by an determination by the Department of Buildings; THAT the following shall be the bulk the proposed building: 14 stories, a wall feet, and a total height of 172 feet; a total 180,533 square feet (11.55 FAR); transient area of 177,649 square feet; commercial 2,884 square feet; and a maximum of 280 (including suites); 14th Floor Restaurant and Terrace: THAT no music, amplified or unamplified, sound amplification system of any kind the outdoor terrace; THAT the 14th floor restaurant and contain sound attenuation measures as approved plans and indoor music shall dbA at all times; THAT the maximum occupancy at both in the 14th floor restaurant and on comply with Building Code occupancy not exceed 120 persons in total, of which 40 patrons at any given time may occupy THAT the 14th floor restaurant shall p.m. on the weekdays, and by 12:00 a.m. Saturdays (i.e., no patrons s

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