2017-131-BZ CEQR #17-BSA-115K APPLICANT – Sheldon Lobel, P.C., for Congregation Divrei Yoel, owner. SUBJECT – Application April 18, 2018 – Variance (§72-21) to permit the construction of a mixed residential and community facility (Congregation Divrei Yoel) contrary to ZR §23-153 (Maximum Lot Coverage) and ZR §§24-36 & 23-47 (Required Rear Yards), and ZR 23-33(b) permitted obstructions in rear yard. R7A zoning district. PREMISES AFFECTED – 77-85 Gerry Street, Block 2266, Lot(s) 46,47,48,49, Borough of Brooklyn. COMMUNITY BOARD #1BK Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta…………………………….…5 Negative:………………………………………………0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated May 18, 2018, acting on New Building Application No. 321504813, reads in pertinent part: The proposed building is contrary to maximum lot coverage pursuant to ZR Section 23153, required rear yard pursuant to ZR Section 2436 and 2347, and Rear Yard Obstruction pursuant to 2433(b)(3); and WHEREAS, this is an application under ZR § 72-21 to permit, in an R7A zoning district, the development of a seven-story, with cellar, mixed-use residential and community-facility building for use as a house of worship in the cellar through third floors that does not comply with zoning regulations for lot coverage, rear yards, and rear yard obstructions, contrary to ZR §§ 23-153, 24-36, 23-47 and 24-33; and WHEREAS, a public hearing was held on this application on June 26, 2018, after due notice by publication in The City Record, with continued hearings on September 13, 2018, December 4, 2018, February 12, 2019, and then to decision on April 9, 2019; and WHEREAS, Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 1, Brooklyn, recommends approval of this application; and WHEREAS, residents of the surrounding area submitted testimony in support of this application; and WHEREAS, the subject site is located on the north side of Gerry Street, between Harrison Avenue and Throop Avenue, in an R7A zoning district, in Brooklyn; and WHEREAS, the subject site has approximately 2017-131-BZ CEQR #17-BSA-115K sessions, and locating the prayer rooms above the first floor would create difficulties in circulation because members would enter the house of worship at the first floor, descend the stairs into the cellar to use the accessory bath only to then climb multiple flights of stairs to use prayer rooms before ultimately exiting back on the first floor; and WHEREAS, the applicant notes that an as-of-right development would not meet the programmatic needs of the subject house of worship because the main hall at the first floor would displace prayer rooms, thereby creating the above circulation difficulties and eliminating adjacencies crucial to the programmatic needs of the subject house of worship; and WHEREAS, consistent with Cornell University v. Bagnardi, 68 N.Y.2d 583 (1986), the Board finds that the programmatic needs of the subject house of worship create practical difficulties or unnecessary hardship in complying strictly with applicable zoning regulations that are not created by general circumstances in the neighborhood or district; and WHEREAS, the applicant notes that, because the subject house of worship is a non-profit organization, this application need not demonstrate financial hardship; and WHEREAS, instead, the applicant notes and the Board finds that the variances requested are necessary to accommodate the programmatic needs of the subject house of worship with adequate space and facilities; and WHEREAS, the applicant states that the proposed building would not alter the essential character of the neighborhood or impair the use or development of adj

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