Note.—This resolution is in the Bulletin. Please notify formal errors so that corrections BOARD MEETING OF: CALENDAR NO.: PREMISES: ACTION OF BOARD THE VOTE — Affirmative: Chair Commissioner Commissioner Negative: THE RESOLUTION — The decision of the 25, 2019, acting on New pertinent part: “Proposed Day in M1-1 zoning requires a Special Appeals pursuant This is an application a site located within Group (“UG”) 3 school, brought on behalf of care center. A public hearing after due notice by hearings on August 13, 2020, and October 6, Vice-Chair Chanda, Scibetta performed neighborhood. Community this application on condition the subject site can be be provided stating Avenue traffic not be entrances. The Board application and one that the proposed use The Premises are between 79th Place and Queens. With approximately 254 feet of depth, and partially occupied by storage and warehouse The applicant proposes retail building (3,986 community facility (11,226 School. The entirety parking spaces. The operation of a school permitted as of right. of the building would an M1-1 zoning district. As a threshold within the boundaries permit is available. As to whether the § 73-19, the applicant definition of “school” permit issued pursuant universal pre-k component states that it would Health and Mental Hygiene child care service for providing constant staff–child ratios and implementing all required written safety plan; represents that it will Department of Health daycare at the Premises Accordingly, the Board within the scope of this With respect to Z.R. inability to obtain a neighborhood to be programmatic needs permitted as of right. find an appropriate site zoning district where right. The applicant needs, the School requires students, providing a in a classroom, spanning classrooms with approximately space for a children’s accessory rooms, offices, with, at a minimum, The applicant notes which uses demographic appropriate aged children selection. The applicant a site in the Middle sufficient number household incomes that The applicant maintains research, the area is The applicant represents surrounding area, including that would provide approximately additional 3,000 to 5,000 did not require substantial purchase within its price site search establishes a site of adequate size be permitted as of requirements of Z.R. Z.R. § 73-19(b) proposed school is located a district in which such represents that the School a district where the applicant notes that the an R4-1 zoning districts, permitted as of right. reflects that the Premises zoning districts. Accordingly, Z.R. § 73-19(b) are met. Z.R. § 73-19(c) requires achieve adequate separation effects of the surrounding reiterates that although the surrounding sites studied the surrounding separation for the proposed other potential adverse analysis indicates the within acceptable levels facility uses, and the attenuation is sufficient separated from the noise further studied air adversely affected by York City and State requirements of Z.R. Z.R. § 73-19(d) movement of traffic located can be controlled the School. Over the and inter-agency concerns, of the maneuverability pick-ups. The applicant School would be located the on-site parking lot, Premises. Additionally, that ranges between entrance for parents Specifically, children surrounding neighborhood the building from the children into the building building to its entrance The applicant represents from the School are Avenue, to the east of to the site there are no north sidewalk of Cooper and Cooper Avenue. Pedestrians make use of the 80th crosswalk located at Cooper Avenue by sidewalk and cross through and Cooper Avenue. existing ADA-compliant low traffic volumes since family residential buildings; additional crosswalks center. As such, this intersection traffic brought about The applicant proposes ensure pedestrian safety, and from the day care and parking to and rear portion of the development on each side of the School drop-off/pickup a

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