330-02-BZ CEQR #03-BSA-077K APPLICANT - Law Offices of Howard Goldman, PLLC, for Trey Whitfield School, owner. SUBJECT - Application November 8, 2002 - under Z.R. §72-21 to permit the proposed conversion of a former welfare center, for use as an elementary school, Use Group 3, located in an M1-4 zoning district, which is contrary to Z.R. §42-00. PREMISES AFFECTED - 48/60 Williams Avenue, bounded by Liberty and Atlantic Avenues, Block 3682, Lot 33, Borough of Brooklyn. COMMUNITY BOARD #5BK APPEARANCES - For Applicant: Chris Wright. For Opposition: John A. Yacovone, Fire Department. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Commissioner Korbey, Commissioner Caliendo and Commissioner Miele....4 Negative: ..................................................................0 Absent: Vice-Chair Babbar........................................1 THE RESOLUTION - WHEREAS, the decisions of the Borough Commissioner, dated October 21, 2002 acting on Alteration Application No. 301426801 reads: "RESPECTFULLY REQUEST OBJECTION TO PROCEED TO BOARD OF STANDARDS AND APPEALS. PROPOSED SCHOOL BUILDING IS LOCATED IN-AN M-1 ZONING DISTRICT AND IS CONTRARY TO THE USE PROVISIONS OF SECTION 42-00 OF THE ZONING RESOLUTION." WHEREAS, Community Board No. 5, Brooklyn, recommends approval of the application; and WHEREAS, a public hearing was held on this application on January 14, 2003 after due notice by publication in The City Record, and laid over to January 28, 2003 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice Chairman Satish Babbar, Commissioner Mitchell Korbey and Commissioner Peter Caliendo; and WHEREAS, this is an application under Z.R. §72-21, to permit, in an M1-4 zoning district, a Use Group 3, school, contrary to Z.R. §42-00; and WHEREAS, the applicant operates an existing 500 student elementary non-profit school; and WHEREAS, the Board notes that the instant proposal would qualify for a special permit under Z.R.§73-19 except for the requirement that the site must be within 400 of a residential district; and WHEREAS, the subject school presently 330-02-BZ CEQR #03-BSA-077K Final Environmental Assessment Statement and has carefully considered all relevant areas of environmental concern; and WHEREAS, the Board has determined that the proposed action will not result in any significant environmental effects; and WHEREAS, by letter dated January 17, 2003 the New York City Fire Department has no objections to the application provided the applicant complies with all applicable code requirements; and WHEREAS, the New York City Department of Transportation's ("DOT") Division of School Safety Engineering conducted a child and traffic safety review for the proposed school, including a survey of the school area. DOT had the following comments which the applicant has addressed: (1) Traffic controls at the four intersections around the school block are adequate except for Liberty Avenue in the east-west direction at Williams Avenue. A school crossing guard should be stationed at this intersection for safe crossing by school children. (2) Provide accident data at the intersections of Liberty Avenue with Williams Avenue and Hinsdale Street; and WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement. Resolved, that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §72-21, and grants a variation in the application of the Zoning Resolution, limited to the objections cited, to permit, in an M1-4 zoning district, a Use Group 3, school, contrary to Z.R. §42-00, on condition that all work shall substantially conform

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