2017-205-BZ CEQR #17-BSA-139X APPLICANT – Benjamin Stark, Esq., Slater Beckerman, P.C., for United Services Housing Development Fund Corporation, owner. SUBJECT – Application June 8, 2017 – Variance (§72-21) to permit the conversion of the former Joseph E. Muller U.S. Army Reserve Center into bed Use Group 3A non-profit institution with sleeping accommodations contrary to ZR §42-10. M1-1 district. PREMISES AFFECTED – 555 Nereid Avenue, 5065, Lot 1, Borough of Bronx. COMMUNITY BOARD #12BX ACTION OF THE BOARD – Application granted condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Sheta Commissioner Scibetta..................................................5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decisions of the Department Buildings (“DOB”), dated May 11, 2017, acting Application No. 220211893 reads in pertinent ZR 42-10: Proposed Community Facility group 3A is prohibited in a M1-1 district does not conform to the use regulations the Zoning Resolution and must be referred to BSA [ . . . ]; and WHEREAS, this is an application under ZR 21 to permit, on a site located in an M1-1 district, the conversion of an existing building Use Group (“UG”) 3A non-profit institution sleeping accommodations, contrary to ZR § 42-10; WHEREAS, a public hearing was held application on January 23, 2018, after due notice publication in The City Record, with continued on February 27, 2018, and April 10, 2018, and decision on April 17, 2018; and WHEREAS, Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown Commissioner Sheta performed inspections of and surrounding neighborhood; and WHEREAS, Community Board 12, the recommends approval of this application; and WHEREAS, New York City Council Member Andrew Cohen submitted a letter in support application; and WHEREAS, the Board was also in receipt three form objections in opposition to the proposal, citing a decline in safety and cleanliness of the to residents of an existing homeless shelter on Boulevard and a preference that the subject developed as a community center for neighborhood services or affordable housing; and WHEREAS, the subject site is located northeastern corner of Nereid Avenue and 2017-205-BZ CEQR #17-BSA-139X Act of 1994 (the “LBA”); and WHEREAS, the Doe Fund also entered operating agreement with DHS, dated February 2012 (the “DHS Contract”), to redevelop the Sites with a transitional residence for at least homeless adults and operate and maintain transitional residence by providing, among other transitional housing and support services including assessment and orientation, transitional housing, education and independent living skills preparation, permanency services, substance abuse treatment, financial management, personal responsibility, care and recreation (“Homeless Services”); and WHEREAS, the LBA required, among things, that the City request that the Department Army, one of three military departments within United States Department of Defense, convey Muller Sites to the Doe Fund by quitclaim deed cost to the Doe Fund; that the Doe Fund Homeless Services in accordance with the Contract; that the Doe Fund not change the scope services provided at the site without the express consent of the City, which would not be unreasonably withheld or delayed; and that the Doe Fund execute cause to be recorded a restrictive covenant against subject site in favor of the City restricting its future or disposition to “a facility to be used to services for homeless adults or such other Homeless Assistance (defined below)1 use as reasonably determined by the City for a period of thirty (30) from the date of execution of the Deed”; and WHEREAS, the Muller Sites were transferred the Applicant from the federal government, acting and through the United States Army Corps Engineers, by quitclaim deed, executed September 2013; and WHEREAS, on September 20, 2013, con

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