298-03-BZ CEQR #04-BSA-048M APPLICANT - Fischbein Badillo Wagner Harding, for 260 Park Avenue South, owner. SUBJECT - Application September 12, 2003 - under Z.R. §72-21 to permit the proposed enlargement of an existing eight story building by allowing available floor area to cross district boundary lines from the adjacent building that is located in an M1-5M zoning district to said premises that is located in a C6-4A zoning district, which would exceed the maximum floor area permitted and is contrary to Z.R. §23-145. PREMISES AFFECTED - 260 Park Avenue South, 20th 21st west side, between East and East Streets, Block 849, Lot 43, Borough of Manhattan. COMMUNITY BOARD #5M APPEARANCES - For Applicant: Howard Hornstein. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele.......4 Negative:......................................................................0 THE RESOLUTION - WHEREAS, the decisions of the Borough Commissioner, dated September 9, 2003 acting on Alteration Application No. 103550195 reads: “THE PROPOSED ENLARGEMENT AT 260 PARK AVENUE SOUTH IS CONTRARY TO SECTION 23-145 OF THE NEW YORK ZONING RESOLUTION. THE ENLARGEMENT SQUARE FOOTAGE EXCEEDS THE MAXIMUM FLOOR AREA PERMITTED.” WHEREAS, a public hearing was held on this application on November 18, 2003 after due notice by publication in The City Record, and laid over to December 23, 2003 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice Chairman Satish Babbar, Commissioner Peter Caliendo, and Commissioner Joel Miele; and WHEREAS, this is an application under Z.R. §72- 21, to permit the proposed enlargement of an existing eight story building by allowing available floor area to cross district boundary lines from the adjacent building that is located in an M1-5M zoning district, to said premises that is located in a C6-4A zoning district, which would exceed the maximum floor area permitted, contrary to Z.R. §23-145; and WHEREAS, a concurrent application is being filed at the Department of City Planning pursuant to Section 15-20(b) of the Zoning Resolution for an authorization waiving the use regulations of Section 15-21, which 21st will permit residential use in floors 2-12 at 48 East Street; and 298-03-BZ CEQR #04-BSA-048M environmental review of the proposed action and the Final Environmental Assessment Statement and has carefully considered all relevant areas of environmental concern; and WHEREAS, the Board has determined that the proposed action will not result in any significant environmental effects; and WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement. Therefore, it is Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §72-21, and grants a variation in the application of the Zoning Resolution, limited to the objections cited, to permit, the proposed enlargement of an existing eight story building by allowing available floor area to cross district boundary lines from the adjacent building that is located in an M1-5M zoning district to said premises that is located in a C6-4A zoning district, which would exceed the maximum floor area permitted and is contrary to Z.R. §23-145, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received December 15, 2003”- (10) sheets and on further condition; THAT a waiver of use regulations, pursuant to Section 15-20(b) is obtained from City Planning to 21st permit residential use in the upper floors of 48 East Street

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