142-14-A APPLICANT – Goldman Harris LLC., for 92 Henry Fulton LLC., owner. SUBJECT – Application June 17, 2014 – Proposed construction of a mixed-use development to be located partially within the bed of a mapped but unbuilt portion of Fulton Street, contrary to General City law Section 35 and the bulk regulations pursuant to §72-01-(g). C6- 4 zoning district. PREMISES AFFECTED –92 Fulton Street, south side of Fulton Street, between William Street to the West and Gold Street to the east, Block 77, Lot 22, Borough of Manhattan. COMMUNITY BOARD #1M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter; Vice-Chair Hinkson, Commissioner Ottley-Brown and Commissioner Montanez ……………………………………….……...4 Negative:..........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated June 19, 2014, acting on DOB Application No. 121185957, reads in pertinent part: 1. Proposed new building does not comply with bulk regulations resulting from the location of the street as per ZR 91-32 Setback regulations for Special Lower Manhattan District; for “Type 3” as defined on Map 2n Appendix A #street walls #, the required setbacks shall be measured from a line drawn at or parallel to the #street line# so that at least 70 percent of the aggregate width of street walls# of the building at the minimum base height are within such line and the #street line# (street widening line); 2. Proposed development which rests partially within the bed of the mapped street is contrary to GCL 35; and therefore must be referred to NYC BSA for approval with any related bulk waivers pursuant to ZR72-01-(g); and WHEREAS, a public hearing was held on this application on October 7, 2014, after due notice by publication in The City Record, and then to decision on October 28, 2014; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Vice-Chair Hinkson, Commissioner Montanez, and Commissioner Ottley-Brown; and WHEREAS, this is an application to allow the construction of 17-story mixed residential and commercial building, which will be partially located within the widening line of Fulton Street; and WHEREAS, the subject site is located on the south 142-14-A mapped street; such bulk waivers will be only as necessary to address non-compliances resulting from the location of construction within and outside of the mapped street, and the zoning lot will comply to the maximum extent feasible with all applicable zoning regulations as if the street were not mapped; and WHEREAS, in particular, the Board notes that, if the built width of Fulton Street (rather than its wider, mapped width) were used to measure the setbacks required under ZR § 91-32, such setbacks would comply; and WHEREAS, therefore, consistent with GCL § 35 and ZR § 72-01(g), the Board finds that applying the bulk regulations across the portion of the subject lot within the mapped street and the portion of the subject lot outside the mapped street as if the lot were unencumbered by a mapped street is both reasonable and necessary to allow the proposed construction; and WHEREAS, accordingly, the Board has determined that the applicant has submitted adequate evidence to warrant this approval under certain conditions. Therefore it is Resolved, that the Board modifies the decision of the DOB, dated June 19, 2014, acting on DOB Application No. 121185957, by the power vested in it by Section 35 of the General City Law, and also waives the bulk regulations associated with the presence of the mapped but unbuilt street pursuant to Section 72- 01(g) of the Zoning Resolution to grant this appeal, limited to the decision noted above on condition that construction will substantially conform to the drawing filed with the application marked “Received October 8, 2014”- (1) sheet; and on further condition: THAT DOB will review and approve plans associated with

… (truncated, full text in PDF)