327-09-BZ CEQR#10-BSA-034K APPLICANT – Sheldon Lobel, P.C., for 255 LLC, owner. SUBJECT – Application December 17, 2009 – Permit (§73-19) to allow a Use Group 3 charter (Summit Academy) with first floor retail use existing warehouse. M1-2 zoning district. PREMISES AFFECTED – 255 Butler Street, corner on Nevins Street between Butler and Baltic Block 405, Lot 27, Borough of Brooklyn. COMMUNITY BOARD #6BK APPEARANCES – For Applicant: Richard Lobel. ACTION OF THE BOARD – Application granted condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Commissioner Hinkson and Commissioner Montanez...4 Absent: Commissioner Ottley-Brown.............................1 Negative:...........................................................................0 THE RESOLUTION: WHEREAS, the decision of the Brooklyn Borough Commissioner, dated November 12, 2009, acting Department of Buildings Application No. 320092662, reads in pertinent part: “Proposed Use Group 3 school, within an M1-2 zoning district requires a special permit from the Board of Standards and Appeals, pursuant to ZR 73-19;” and WHEREAS, this is an application under ZR 19 and 73-03 to permit, on a site in an M1-2 district, the proposed use and enlargement of an four-story building by a Use Group 3 school, contrary ZR § 42-10; and WHEREAS, a public hearing was held application on March 23, 2010, after due notice publication in the City Record, with continued hearings May 18, 2010, June 22, 2010, and July 27, 2010, to decision on August 24, 2010; and WHEREAS, the site and surrounding area and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, Commissioner Montanez, and Commissioner Brown; and WHEREAS, Community Board 6, Brooklyn, recommends disapproval of this application, citing concerns with locating a school at this location; WHEREAS, the application is brought on behalf the Summit Academy Charter School (the “School”), not-for-profit school; and WHEREAS, the site is located on a corner bounded by Baltic Street to the north, Nevins Street east, and Butler Street to the south, within an M1-2 district; and WHEREAS, the site has a lot area of 37,500 and 327-09-BZ CEQR#10-BSA-034K and specifically evaluated three vacant sites: 399 Avenue; 363 Fourth Avenue; and 22 Caton Place; WHEREAS, the applicant states that 399 Avenue is limited by its 9,580 sq. ft. lot area, and result in floor plates that are too small to meet School’s programmatic needs; 463 Fourth Avenue found to be too expensive for the construction school; and 22 Caton Place, while within Community District 15, was found to be too distant from neighborhoods in which the majority of the School’s student body resides, and was also determined unaffordable; and WHEREAS, the applicant maintains that search establishes that there is no practical possibility of obtaining a site of adequate size in a nearby district where a school would be permitted as-of-right; and WHEREAS, therefore, the Board finds 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 more than 400 feet from the boundary of a district which such a school is permitted as-of-right; and WHEREAS, the applicant submitted a diagram which reflects that the subject site is directly across from an R6 zoning district, less than feet to the north, where the proposed use would permitted as-of-right; and WHEREAS, therefore, the Board finds 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 surrounding non-residential district; and WHEREAS, the applicant states that an noise survey was conducted at the site, which reflected that adequate separation from noise, traffic and adverse effects of the surrounding M1-2 zoning can be provided through the installation of glazed windows at the site; accordingly, t

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