66-11-BZ CEQR #11-BSA-096K APPLICANT – Jesse Masyr, Wachtel for Whole Foods Market Group, owner. SUBJECT – Application May 13, 2011 (§72-21) to permit a UG6 food store larger than 10,000 square feet, contrary regulations (§42-12). M2-1 zoning district. PREMISES AFFECTED – 172-220 Third 3rd 3rd 4th bounded by Street, Avenue, Street Gowanus Canal, Block 978, Lot 1, 7, 16, Borough of Brooklyn. COMMUNITY BOARD #6BK APPEARANCES – For Applicant: Jerry Johnson. ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Commissioner Ottley-Brown, Commissioner Commissioner Montanez .................................................5 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Commissioner, dated May 10, 2011, acting of Buildings Application No. 301923346, pertinent part: Food store (UG 6) greater than 10,000 M2-1 district is not permitted pursuant Section ZR 42-12, referred to the Standards and Appeals for determination; WHEREAS, this is an application 21, to permit, in an M2-1 zoning district, of a two-story food store (Use Group 10,000 sq. ft., which does not conform regulations, contrary to ZR § 42-12; and WHEREAS, a public hearing was application on December 13, 2011 after publication in The City Record, with a continued on January 24, 2012, and then to decision 2012; and WHEREAS, the site and surrounding and neighborhood examinations by Chair Vice-Chair Collins, Commissioner Commissioner Montanez, and Commissioner Brown; and WHEREAS, Community Board recommends approval of this application, following conditions: (1) a follow-up conducted within a three-quarter mile radius one year after the store opens; (2) the food by 10:00 p.m.; and (3) the Third Avenue frontages be treated with windows to inviting design and encourage pedestrian WHEREAS, City Council Member Gonzalez provided testimony in support application; and WHEREAS, City Council Member 66-11-BZ CEQR #11-BSA-096K WHEREAS, the site is currently a lot, with the exception of a two-story building with a floor area of 2,940 sq. constructed in 1872-1873 which is designated individual New York City Landmark Building” or “the Landmark Building Site”) 3rd portion of tax lot 7 at the corner of Street Avenue; and WHEREAS, the applicant proposes two-story building to be occupied by a Group 6) with a floor area of 56,470 sq. and a rooftop greenhouse (Use Group 17) of 19,400 sq. ft. (0.10 FAR), for a total 75,870 sq. ft. (0.41 FAR), and with 246 street parking spaces; and WHEREAS, the applicant states that building will be located on the northeast adjacent to the east and south sides of Building Site; and WHEREAS, the applicant further proposed building will provide loading docks Avenue frontage and a waterfront public access the entire waterfront edge of the property 4th Street Basin/Gowanus Canal (the Walkway”), which will require a separate the Department of City Planning (“DCP”); WHEREAS, although the proposed would be permitted for a conforming use, seeks a use variance because food stores 10,000 sq. ft. are not permitted in the subject district; and WHEREAS, the applicant states that are unique physical conditions which create hardship and practical difficulties in developing conformance with the underlying zoning there is significant soil contamination on site consists of poor load bearing soils; (3) high water table; (4) there is a significant frontage on the site; and (5) there are varying on the site; and WHEREAS, as to the contamination applicant states that the site was historically with noxious industrial uses which have significant soil contamination at the site; WHEREAS, the applicant notes that is the only property within the existing M2-1 included within the New York State Conservation’s (“DEC”) Brownfield Cleanup due to the prior contamination on the clean-up program designed to ensure that sites are cleaned up under governmental utili

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