275-15-BZ CEQR #16-BSA-059M APPLICANT – Friedman & Gotbaum LLP Friedman, Esq., for Marymount School of owner. SUBJECT – Application December 22, Variance (§72-21) proposed construction of community facility building for the Upper School and Upper School divisions of the School of New York contrary to underlying regulations. R7-2 zoning district. 97th PREMISES AFFECTED – 115 East Street 98th East Street, Block 1625, Lot 7, Borough Manhattan. COMMUNITY BOARD #11M ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, and Commissioner Sheta..............................................................................4 Negative: ......................................................................0 Abstain: Commissioner Scibetta..................................1 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated March 23, 2018, Application No. 121189864 reads in pertinent 1. ZR 24-552: Proposed UG3 development does not comply with rear setback; 2. ZR 24-36: Proposed UG 3 development does not provide required rear yard an interior lot; 3. ZR 24-382: Proposed UG development within R7-2 does comply with required rear equivalent for a through lot; 4. ZR 24-522: Proposed UG development within R7-2 does comply with height and setback; 5. ZR 25-631: Proposed number and of curb cuts within R7-2 compliant; proposed uninterrupted spaces between curb cuts compliant; and WHEREAS, this is an application under 21 to permit, on a zoning lot partially located R7-2 zoning district and partially located within 8X zoning district, the construction of community facility contrary to applicable regulations pertaining to rear setback, rear yard equivalents, front wall height and setback cuts set forth in ZR §§ 24-552, 24-36, 24-382, and 25-631; and WHEREAS, this application is filed the Marymount School of New York, a private school for girls (“Marymount”), to construction of a facility for Marymount’s Middle School and Upper School divisions, 275-15-BZ CEQR #16-BSA-059M Co-p’s residents be given access to the rooftop space; and WHEREAS, in response to these concerns, applicant submits that it is actually the Co-op that encroaches onto the subject site and, cantilever visible on the plans is not the subject waivers, specifically floor area; that the traffic raised by the Co-op are based on a traffic does not comply with the CEQR Technical the applicant’s analyses have and are so required; that Marymount is willing to address any traffic operationally if/as they arise; and WHEREAS, the Board notes that between the applicant and the Co-op encroachments and/or cantilevers is more subject of civil action and that the presence in a lot line wall does not prohibit development neighboring lot that would require the windows bricked over or otherwise blocked; and WHEREAS, the subject site is comprised contiguous tax lots (Lots 7, 13 and 16; collectively, “Zoning Lot”)) having approximately 255 frontage along the south side of East 98th feet of frontage along the west side of Avenue and a total of 205 feet of non-continuous frontage on the north side of East 97th Street, located within an R7-2 zoning district and located within a C1-8X zoning district, in and WHEREAS, a Declaration of Zoning Restrictions noticing the consolidation of (formerly tax lots 7, 8, 11, 12, 13, 14, 15, 61, 63, 65 and 66 on Block 1625) as one zoning the purpose of and in accordance with the provisions the Zoning Resolution (CRFN 2007000556713) filed with the New York Department of Finance of the City Register on November 7, 2007; WHEREAS, the subject site has approximately 46,417 square feet of total lot area; and WHEREAS, Lot 7, located fully zoning district and comprised of an interior frontage on East 98th Street only and a through frontage on both East 97th Street and East contains a paved athletic field currently Marymount, Lot 13, wholly located in a C1-8X district, is occ

… (truncated, full text in PDF)