189-04-BZ CEQR #04-BSA-193X APPLICANT - D.E.C. Designs, for City of Faith Church of God, owner. SUBJECT - Application May 5, 2004 - under Z.R.§73-19 to allow a school (UG3) in a C8 1 zoning district which is not permitted as per section 32 00 of the Zoning Resolution. PREMISES AFFECTED - 3445 White Plains Road, 445.2' south of Magenta Street, Block 4628, Lot 47, Borough of The Bronx. COMMUNITY BOARD #12BX APPEARANCES - For Applicant: Peter Hirshman. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chair Srinivasan Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Bronx Borough Commissioner, dated June 30, 2005, acting on Department of Buildings Application No. 200774475, reads: "Proposed school and day care, zoning use group 3A, in a C8-1 zoning district is contrary to section 32-00 of the Zoning Resolution. Zoning use group 3A is permitted by Special Permit of the Board of Standards and Appeals per Section 32-30 of the Zoning Resolution and in accordance with standards set forth in Article VII, Chapter 3 of the Zoning Resolution;" and WHEREAS, a public hearing was held on this application on June 14, 2005 after due notice by publication in the City Record, with continued hearings on July 19, 2005; and then to decision on August 23, 2005; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, consisting of Chair Srinivasan, Vice Chair Babbar, Commissioner Miele and Commissioner Chin; and WHEREAS, Community Board 12, Bronx, recommends approval of the subject application; and WHEREAS, this is an application to permit a school without sleeping accommodations (Use Group 3), within a C8-1 zoning district, which requires a special permit pursuant to Z.R. §§ 73-19 and 73-03; and WHEREAS, the subject premises is located on White Plains Road south of Magenta Street, and is currently improved upon with a two-story building; and WHEREAS, the premises is owned by the City of Faith Church of God, which is located next to the premises, and is used as a school for the church (the "School"); and WHEREAS, the School occupies 9,852 sq. ft.; 189-04-BZ CEQR #04-BSA-193X the zoning lot; thus, the Board finds that the requirements of Z.R. §73-19 (c) are met; and WHEREAS, the applicant represents that students will arrive by either car or bus, and that White Plains Road is wide enough to allow school buses to load and unload passengers while not impeding the flow of traffic; and WHEREAS, therefore, Board finds that the requirements of Z.R. §73-19 (d) are met; and WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under Z.R. §73-19; and WHEREAS, the Board finds that, under the conditions and safeguards imposed, any hazard or disadvantage to the community at large due to the proposed special permit use is outweighed by the advantages to be derived by the community; and WHEREAS, the proposed project will not interfere with any pending public improvement project; and WHEREAS, therefore, the Board has determined that the evidence in the record supports the findings required to be made under Z.R. §§73-19 and 73-03; and Therefore it is Resolved, that the Board of Standards and Appeals issues a Type II determination under 6 NYCRR Parts 617.5 and 613 and §§5-02(a), 5-02 (b)(2) and 6-15 of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §§73-19 and 73-03 and grants a special permit for the operation of a school without sleeping accommodations (Use Group 3) in a two-story plus cellar building, within a C8-1 zoning district, which requires a special permit pursuant to Z.R. §§73-19 and 73-03; on condition that any and all work shall substantially conform to drawings as they apply to the

… (truncated, full text in PDF)