98-06-BZ APPLICANT – Eric Palatnik, P.C., for Yeshiva Siach Yitzchok, owner. SUBJECT – Application March 3, 2015 – Amendment of a previously approved Variance (§72- 21) which permitted school (Yeshiva Siach Yitzchok) contrary to bulk regulation and contrary to General City Law section 35. The Amendment seeks minor interior changes and an increase in height from fifty feet to a proposed fifty four feet. R4A zoning district. 9th Street, PREMISES AFFECTED – 1045 Beach southwest corner of Bech 9th Street and Dinsmire Avenue, Block 15554, Lot 0049, Borough of Queens. COMMUNITY BOARD #14Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda...............................................5 Negative:..........................................................................0 THE RESOLUTION – WHEREAS, this is an application to reopen and amend a variance previously granted by the Board under the subject calendar number to permit minor interior changes and an increase in height; and WHEREAS, a public hearing was held on this application on December 1, 2015, after due notice by publication in The City Record, with continued hearings on February 2, 2016, March 22, 2016 and May 3, 2016, and then to decision on May 3, 2016; and WHEREAS, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 14, Queens, waived its right to formally hear the application; and WHEREAS, this application is brought on behalf of Yeshiva Siach Yitzchok, a not-for-profit educational entity (the “Yeshiva”); and WHEREAS, the subject site is located on the southwest corner of Beach 9th Street and Dinsmore Avenue, in an R4A zoning district, in Queens; and WHEREAS, the site has approximately 100 feet of frontage along Beach 9th Street, 100 feet of frontage along Dinsmore Avenue, 9,973 sq. ft. of lot area, and is currently vacant; and WHEREAS, the Board has exercised jurisdiction over the subject site since July 10, 2007 when, under the subject calendar number, the Board approved a variance pursuant to ZR § 72-21, on condition, to permit the construction of a four-story yeshiva; and WHEREAS, on the same day, under BSA Cal. No. 284-06-A, the Board granted a waiver of Section 35 of the General City Law (“GCL”) to permit a portion of the yeshiva to be built within the bed of a mapped street; and WHEREAS, on November 20, 2012, under the subject calendar number, the Board amended the 98-06-BZ WHEREAS, the Board accepts that the proposed modifications to the previously approved Board plans represent the minimum necessary to accommodate its programmatic needs; and WHEREAS, based upon its review of the evidence, the Board finds that the requested amendments do not alter the Board’s findings made for the original variance; and WHEREAS, accordingly, the Board finds that the proposed variance, as amended, is appropriate with certain conditions set forth below. Therefore it is Resolved, that the Board of Standards and Appeals reopens and amends the resolution, dated July 10, 2007, to amend a variance previously granted by the Board to permit minor interior changes and an increase in height; on condition that all work will substantially conform to drawings, filed with this application marked “Received April 15, 2016” – Sixteen (16) sheets; and on further condition: THAT the interior layout as shown on the Board- approved plans shall be substantially complied with and all exits shall be as approved by DOB; THAT the maximum occupant load per floor/space shall be as approved by DOB; THAT classrooms shall comply with occupant load requirements based on net floor area per Building Code 2014 Table 1004.1.1; THAT all conditions from prior resolutions not specifically waived by the Board shall remain in effect; THAT this

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