22-10-BZ CEQR #10-BSA-048K APPLICANT – Harold Weinberg, P.E., for RP Canarsie, LLC, owner; Sunshine Childrens Day Care, lessee. SUBJECT – Application February 17, 2010 – Special Permit (§73-19) to allow the proposed one-story day care center (Sunshine Day Care). C8 zoning district. PREMISES AFFECTED – 620 East 102nd Street, west side between Farragut Road and Glenwood Road, Block 8170, Lot 42, Borough of Brooklyn. COMMUNITY BOARD #18BK APPEARANCES – For Applicant: Frank Sellitto. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez .......................................5 Negative:.....................................................................0 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Borough Commissioner, dated February 16, 2010, acting on Department of Buildings Application No. 301887929 reads in pertinent part: “The proposed change in use to a day care center-school in Use Group 3 in a C8-1 zoning district is contrary to Section 32-00 of the Zoning Resolution;” and WHEREAS, this is an application under ZR §§ 73- 19 and 73-03 to permit, on a site within a C8-1 zoning district, the proposed operation of a daycare center (Use Group 3), contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on June 15, 2010, after due notice by publication in the City Record, with a continued hearing on July 13, 2010, and then to decision on July 27, 2010; and WHEREAS, the site and surrounding area had site and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, and Commissioner Ottley-Brown; and WHEREAS, Community Board 18, Brooklyn, recommends approval of this application; and WHEREAS, the application is brought on behalf of Sunshine Children’s Day Care, a private daycare operator; and WHEREAS, the site is located on the south side of East 102nd Street, between Farragut Road and Glenwood Road, within a C8-1 zoning district; and WHEREAS, the site has a lot area of 9,657 sq. ft.; and WHEREAS, the site is currently occupied by a one- story commercial building with a floor area of approximately 6,343 sq. ft.; and WHEREAS, the proposed day care center will 22-10-BZ CEQR #10-BSA-048K WHEREAS, the applicant maintains that the results of the site search reflect that there is no practical possibility of obtaining a site of adequate size in a nearby zoning district where a school would be permitted as-of-right; and WHEREAS, accordingly, the Board finds that the requirements of ZR § 73-19 (a) are met; and WHEREAS, ZR § 73-19 (b) requires an applicant to demonstrate that the proposed school is located no more than 400 feet from the boundary of a district in which such a school is permitted as of right; and WHEREAS, the applicant submitted a land use map which reflects that an R5 zoning district is located directly across the street from the subject premises on East 102nd Street; therefore the site is within 400 feet of an R5 zoning district where the proposed use would be permitted as-of-right; and WHEREAS, therefore, the Board finds that the requirements of ZR § 73-19 (b) are met; and WHEREAS, ZR § 73-19 (c) requires an applicant to demonstrate how it will achieve adequate separation from noise, traffic and other adverse effects of the surrounding non-residential district; and WHEREAS, the applicant states that the subject block, directly to the south of the site, consists of an open area occupied by a car storage yard for the NYC Transit Authority, but represents that the noise produced at this site is intermittent and is mitigated by the fact that the Transit Authority site is located approximately ten feet below grade, creating a disparity in elevations with the subject site; and WHEREAS, the applicant further states that Block 8171, located immediately to the north of the site across East 102nd Street, is within an R5 zo

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