2017-147-A and 2018-183-A APPLICANT – Beni Rachmanov/Owners of Block 6619, for Mable Assets LLC, owner; Sholom Sholom Inc., lessee. SUBJECT – Application May 15, 2017 and November 20, 2018 – Appeal of a NYC Department of Buildings denial. C1-2/R4 zoning district. PREMISES AFFECTED – 71-12 Main Street, Block 6619, Lot 132, Borough of Queens. COMMUNITY BOARD #8Q ACTION OF THE BOARD – Appeal denied. THE VOTE TO GRANT – Affirmative:……………………………………………0 Negative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta, and Commissioner Scibetta………………………………5 THE RESOLUTION – WHEREAS, the building permit issued by the Department of Buildings (“DOB”), issued on April 8, 2016, Alteration Type I Application No. 421196921 (the “Permit”), permits the alteration of an existing building resulting in a vertically and horizontally enlarged three-story building containing a Use Group 6A “Retail Store,” a Use Group 3A “Nursery” (for children ages 6 months to 2 years), and a Use Group 3A “Day Care” (for children from ages 2 years to 6 years); and WHEREAS, this is an appeal for interpretation, under Section 72-11 of the Zoning Resolution of the City of New York (“ZR” or the “Zoning Resolution”) and Section 666(6)(a) of the New York City Charter, brought by Beni Rachmanov (the “Appellant”), alleging errors in and seeking complete revocation of the Permit for failure to comply with Building Code and zoning requirements relating to easements, zoning district boundaries, open area, and height; and Applicable Provisions WHEREAS, ZR § 33-48 states: “Special Provisions for Zoning Lots Divided by District Boundaries C1 C2 C3 C4 C5 C6 C7 C8 In all districts, as indicated, whenever a zoning lot1 is divided by a boundary between districts, or is subject to other regulations resulting in different height and setback regulations, or whenever a zoning lot is divided by a boundary between a district to which the provisions of Section 33-45 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7, shall apply”; and WHEREAS, ZR § 33-293 states: 1 Words in italics are defined by Section 12-10 of the Zoning Resolution. 1 2017-147-A and 2018-183-A any zoning lot or portion of a zoning lot located in any Commercial District, including all developments or enlargements; and WHEREAS, ZR 12-10 reads in pertinent part: Open Space “Open space” is that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky and is accessible to and usable by all persons occupying a dwelling unit or a rooming unit on the zoning lot. Open space may, however, include areas covered by roofs, the total area of which is less than 10 percent of the unroofed or uncovered area of a zoning lot, provided that such roofed area is not enclosed on more than one side, or on more than 10 percent of the perimeter of the roofed area, whichever is greater. Open space may be provided on the roof of: (a) a community facility building; (b) a building containing residences, provided such roof area is not above that portion of such building that contains dwelling units or rooming units; (c) a non-residential building, other than a community facility building, provided such non-residential building abuts other buildings, any one of which contains residences”; and WHEREAS, ZR 33-431 reads in pertinent part: “For community facility buildings or buildings used for both community facility use and commercial use, when mapped within R4, R5, R5A or R5B Districts, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above street line shall be 35 feet and, when mapped within R7-2 Districts, the maximum height of a front wall shall be 60 feet or six stories, whichever is less”; and WHEREAS, ZR 33-42 reads in pertinent part: In all Commercial Districts, the following obstructions shall be permitted and may thus penetrate a

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