299-12-BZ APPLICANT – Goldman Harris LLC, for 40-56 Tenth Avenue Ventures LLC, owners. SUBJECT – Application August 28, 2017 – Extension of Time to Complete Construction of a previously approved Variance (§72-21) to permit the construction of a 12-story commercial building, contrary to floor area (§43-12), height and setback (§43-43), and rear yard (§43-311/312) regulations which expires on May 3, 2018. M1-5 zoning district. PREMISES AFFECTED – 40-56 Tenth Avenue, Block 646, Lot 1, Borough of Manhattan. COMMUNITY BOARD #2M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta…………………………………………………...4 Negative: .....................................................................0 Abstain: Commissioner Scibetta..................................1 THE RESOLUTION – WHEREAS, this is an application for an extension of time to complete construction and an amendment to a variance, previously granted by the Board; and WHEREAS, a public hearing was held on this application on January 23, 2018, after due notice by publication in The City Record, and then to decision on March 20, 2018; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 2, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the east side of Tenth Avenue, between West 13th Street and West 14th Street, in an M1-5 zoning district, in Manhattan; and WHEREAS, the Board has exercised jurisdiction over the subject site since May 13, 2014, when, under the subject calendar number, the Board granted a variance to permit the construction of a ten-story commercial building that does not comply with zoning regulations for rear yards, height and setback on condition that the bulk parameters of the building be a maximum height of 175 feet to the roof of the tenth floor, a maximum total height of 199 feet, including rooftop mechanicals and a maximum total floor area of 117,705 square feet (5.0 FAR), that, prior to the issuance by the Department of Buildings of permits for demolition of the buildings on the site, the New York City Landmarks Preservation Commission will have reviewed and approved a scope of work for Historic American Building Survey (“HABS”) documentation and reviewed the design of the proposed building, that an (E) designation (E-334) is placed on the subject site to ensure proper hazardous materials remediation and that, prior to the issuance by the Department of 299-12-BZ will have reviewed and approved a scope of work for Historic American Building Survey (“HABS”) documentation and reviewed the design of the proposed building; THAT an (E) designation (E-334) is placed on the subject site to ensure proper hazardous materials remediation; THAT prior to the issuance by the Department of Buildings of permits that involve any soil disturbance, the applicant will receive approvals from the Office of Environmental Remediation (“OER”) for the hazardous materials remediation plan and construction-related health and safety plan; THAT the above conditions shall appear on the certificate of occupancy; THAT a certificate of occupancy shall be obtained within four (4) years, by May 13, 2022; THAT all conditions from prior resolutions not specifically waived by the Board remain in effect; THAT this approval is limited to the relief granted by the Board in response to objections cited and filed by the Department of Buildings; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plans or configurations not related to the relief granted.” Adopted by the Board of Standards and

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