382-03-BZ CEQR #DASNY-03-1M APPLICANT - Raymond H. Levin, Realty, LLC, owner; FIT Student Housing lessee. SUBJECT - Application December 8, Z.R. §72-21 to permit the proposed conversion fifteen-story with cellar and basement loft building to Dormitory Use (UG contrary to Z.R. §42-12. 31st PREMISES AFFECTED - 406 West side, between Ninth and Tenth Avenues, Lot 42, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES - For Applicant: Jerry Johnson. ACTION OF THE BOARD - Application condition. THE VOTE TO GRANT - Affirmative: Chair Srinivasan, Vice-Chair Commissioner Caliendo, Commissioner Commissioner Chin......................................................5 Negative:.......................................................................0 THE RESOLUTION - WHEREAS, the decision of Commissioner, dated November 7, 2003, Department of Buildings Application No. reads: “The proposed conversion to a dormitory Group 3A) in an M1-5 zoning contrary to ZR 42-12, not permitted.”; WHEREAS, a public hearing was application on February 10, 2004 after publication in the City Record, and then March 9, 2004 for decision; and WHEREAS, the premises and surrounding had a site and neighborhood examination committee of the Board; and WHEREAS, this is an application 21, to permit the proposed conversion of with cellar and basement manufacturing Dormitory Use (UG 3A), which is contrary 12; and WHEREAS, the subject premises 31st Street between the south side of West Tenth avenues and has a total lot area of feet, is located within an M1-5 zoning currently occupied by a fifteen story, partially building with 299,334 square feet of floor WHEREAS, the applicant states lot is irregularly shaped, extending between 10 feet on the east side of the on the west side; and WHEREAS, the applicant states that was historically developed as a manufacturing building and contained various manufacturing printing establishments, but now contains uses on only two out of the fifteen floors; 382-03-BZ CEQR #DASNY-03-1M WHEREAS, the applicant represents negative impact is anticipated due to conversion; rather, the proposed conversion provide a residential link between the west of the site with the mixed-use neighborhoods the east, and, through the addition residents, provide life and activity on a street; and WHEREAS, the applicant represents synopsis of all fire safety measures applicable proposed dormitory use will be incorporated plans for the proposed building; and WHEREAS, in response to the Community Board 4 regarding noise impacts from the Lincoln Tunnel on applicant states that: no impact is anticipated the project has received a Negative pursuant to the CEQR regulations; that incorporates window and wall attenuation and alternate means of ventilation will the building; and WHEREAS, in response to the Community Board 4 regarding development adjacent lot and potential impact on light proposed dormitory, that applicant states light and air easement has been entered SHC and the Port Authority for the adjacent will provide for legal light and air for should the adjacent lot be developed; said not been finally approved by the Board Authority, but the grant herein shall upon such approval and submission of easement to the BSA; and WHEREAS, in response to the Community Board 4 regarding pedestrian safety, the applicant states that: FIT has with the Community Board on pedestrian for the surrounding area; and WHEREAS, based on the above, the subject application, if granted, will essential character of the surrounding neighborhood impair the use or development of adjacent nor will it be detrimental to the public WHEREAS, the hardship herein by the owner or a predecessor in title; WHEREAS, this proposal is necessary to afford the owner relief; and WHEREAS, therefore, the Board that the evidence in the record supports required to be made under Z.R. §72-21; WHEREAS, the Board has A true copy of resolution adopted by Printed in Bulletin No. 12, Vol. 89. Copies Sent To Applicant F

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