2018-42-BZ CEQR #18-BSA-113K APPLICANT – Bryan Cave LLP, for Congregation Beis Shloime, owner; Bobover Yeshiva lessee. SUBJECT – Application March 16, 2018 Permit (§73-19) to allow for a Use Group 3 (Bobover Yeshiva Bnei Zion) contrary to (Use Regulations); Variance (§72-21) to development of the building contrary to ZR (rear yard equivalent) and ZR §33-432 setback regulations). C8-2 zoning district. 36th Street, PREMISES AFFECTED – 1360 5301, Lot 20, Borough of Brooklyn. COMMUNITY BOARD #12BK – Application ACTION OF THE BOARD on condition. THE VOTE TO GRANT – Affirmative: Vice-Chair Chanda, Commissioner Brown, Commissioner Sheta and Commissioner Scibetta…………………………………………………4 Negative:………………………………………....……0 Recused: Chair Perlmutter…………………………….1 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated October 24, 2018, New Building Application No. 320911607, pertinent part: 1. ZR 32-10 Proposed school use is not permitted in a C8-2 district. 2. ZR 33-432 Proposed conditions applicable height and regulations. 3. ZR 33-283 Required rear equivalent not provided.; and WHEREAS, this is an application §§ 73-19, 73-03 and 72-21 to permit, in a C8-2 district, the development and operation of a community-facility building that does not comply zoning regulations for use, height and setback yard equivalent, contrary to ZR §§ 32-10, 33-283; and WHEREAS, a public hearing was held application on December 4, 2018, after due publication in The City Record, with continued on February 5, 2019, and then to decision date; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Scibetta inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 12, recommends approval of this application; WHEREAS, residents of the surrounding submitted testimony in support of and in opposition this application, citing concerns with noise, school bus traffic, parking and blocked streets; 2018-42-BZ CEQR #18-BSA-113K the zoning lot; and (d) that the movement of traffic through street on which the school is located be controlled so as to protect children going to and from the school. The shall refer the application Department of Traffic for its report respect to vehicular hazards to the of children within the block and immediate vicinity of the proposed The Board may prescribe additional appropriate conditions and safeguards minimize adverse effects on the character the surrounding area. WHEREAS, the Board notes that in the foregoing, its determination is also subject guided by ZR § 73-03; and WHEREAS, the Board notes that, pursuant § 73-04, it has prescribed certain conditions safeguards to the subject special permit minimize the adverse effects of the special other property and community at large; the further that such conditions and safeguards incorporated in the building permit and certificate occupancy of the subject building, and that comply with such conditions or restrictions constitute a violation of the Zoning Resolution constitute the basis for denial or revocation building permit or certificate of occupancy other applicable remedies; and WHEREAS, as a preliminary matter, notes that the site is within the boundaries designated area in which the subject special available; and WHEREAS, as to the threshold issue the School qualifies as a school for purposes 73-19, the applicant states that the School meets § 12-10 definition of “school” because it provides time day instruction and a course of study that requirements of Sections 3204, 3205 and New York State Education Law; and WHEREAS, the applicant notes that instruction the School is provided by competent teachers; School employs a protocol for interviewing verifying the credentials of teacher candidates criteria regarding the type and length of experience other qualifications; that interviews generally candidates to teach a model lesson to allow to assess their teaching skills and general demeanor; that the School’s operations include observ

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