2019-81-BZ APPLICANT – Akerman, LLP, for English-Speaking Union of the United States, owner. SUBJECT – Application April 26, 2019 – Re- instatement (§11-411) of a previously approved variance which permitted office use on the third floor of an existing three-story building which expired on April 8, 2007; Extension of Time to obtain a Certificate of Occupancy; Waiver of the Board’s Rules. R6B zoning district. 39th Street, Block PREMISES AFFECTED – 144 East 894, Lot 56, Borough of Manhattan. COMMUNITY BOARD #6M Application granted on ACTION OF THE BOARD – condition THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley Brown, Commissioner Scibetta …4 Absent: Commissioner Sheta …………..………………1 Negative: ………………………………………….….0 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure and reinstatement of a variance, pursuant to ZR § 11-411, previously granted by the Board, which expired on April 8, 2007; and WHEREAS, a public hearing was held on this application on August 6, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Vice-Chair Chanda and Commissioner Scibetta performed inspections of the site and the surrounding neighborhood; and WHEREAS, Community Board 6, Manhattan, recommends approval of the application; and WHEREAS, the Board was also in receipt of one (1) form letter in support of this application and one (1) form letter in opposition to this application, citing concerns regarding traffic and congestion; and WHEREAS, the subject site is located on the south side of East 39th Street, between Lexington Avenue and Third Avenue, in an R8B zoning district, in Manhattan; and WHEREAS, the site has approximately 25 feet of frontage along East 39th Street, 99 feet of depth, 2,469 square feet of lot area and is occupied by an existing three- (3) story plus cellar office (Use Group (“UG”) 6) building; and WHEREAS, the Board has exercised jurisdiction over the subject site since June 7, 1955, when, under BSA Cal. No. 933-54-BZ, the Board granted a variance to permit the extension of business use to the adjacent building, located on tax lot 55, to permit openings between the subject site and adjacent building on lot 55, and to permit a rear extension of the building on lot 55 and reduction of the rear yard, all as shown on plans filed with the application, for a term of 10 years, to expire on June 7, 1965, on condition that the building 2019-81-BZ tax lot 55, on condition that all work substantially conform to drawings as they apply to the objections, filed with the application; the variance be limited to a term of ten (10) years, to expire on April 8, 2007; the conditions appear on the certificate of occupancy; the development, as approved, be subject to verification by the Department of Buildings for compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under the jurisdiction of the Department; and, a new certificate of occupancy be obtained within one (1) year, by April 8, 1998; and WHEREAS, on December 18, 2001, under BSA Cal. No. 28-96-BZ, the Board amended the variance to legalize approximately 117 square feet then used as a greenhouse located at the rear of the third floor, on condition that the premises be maintained in substantial compliance with the existing and proposed plans submitted with the application; the premises be maintained in compliance with all applicable provisions of the Administrative Code with respect to fire safety and prevention; the premises remain graffiti free at all times; the conditions appear on the certificate of occupancy; the development, as approved, be subject to verification by the Department of Buildings for compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under the jurisdiction of the Department; and,

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