304-09-BZ CEQR #10-BSA-028K APPLICANT – Stuart A. Klein, Esq. for Junius- Glenmore Development, LLC, owner; Women in Need, Inc., lessee. SUBJECT – Application November 4, 2009 – Variance (§72-21) to allow the erection of a ten-story, mixed-use community facility (Women In Need) and commercial building, contrary to floor area (§42-00, 43-12 and 43- 122), height and sky exposure plane (§43-43), and parking (§44-21). M1-4 zoning district. PREMISES AFFECTED – 75-121 Junius Street, Junius Street, bounded by Glenmore Avenue and Liberty Avenue, Block 3696, Lot 1, 10, Borough of Brooklyn. COMMUNITY BOARD #16BK APPEARANCES – For Applicant: Jay Goldstein. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ..................................................5 Negative:............................................................................0 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Borough Commissioner, dated October 9, 2009, acting on Department of Buildings Application No. 320024709, reads, in pertinent part: “42-00. Proposed residential use is not permitted within a manufacturing district; and WHEREAS, this is an application under ZR § 72- 21, to permit, in an M1-4 zoning district within the East New York Industrial Business Zone (“IBZ”), the proposed construction of a six-story mixed-use residential/community facility building, contrary to ZR § 42-00; and WHEREAS, a public hearing was held on this application on April 27, 2010 after due notice by publication in The City Record, with continued hearings on July 27, 2010, January 11, 2011, March 1, 2011, and April 5, 2011, and then to decision on June 7, 2011; and WHEREAS, this application is brought on behalf of Women in Need, Inc. (“WIN”), a not-for-profit entity; and WHEREAS, Community Board 16, Brooklyn, recommends disapproval of this application; and WHEREAS, City Council Members Diana Reyna and Erik Martin Dilan recommend disapproval of this application; and WHEREAS, representatives of the Brooklyn Chamber of Commerce, the East New York Business Improvement District, the East Brooklyn District Management Association, and the Local Development Corporation of East New York provided testimony in opposition to this application; and WHEREAS, certain members of the community testified in opposition to this application; and WHEREAS, collectively, the parties who provided 1 304-09-BZ CEQR #10-BSA-028K facility space, reduce the residential unit count from 280 to 176, and reduce the proposed bulk of the building to the current six-story proposal; and WHEREAS, the revised proposal also reduced the length of the street wall along Junius Street, enabling the applicant to provide a 7,600 sq. ft. park area along the southern portion of the lot; and WHEREAS, the proposal provides for the following uses: (1) community facility space, offices, a recreation room, building service rooms, and mechanical rooms at the cellar; (2) residential units, an office, lobby and lounge at the first floor; and (3) residential units on the second through sixth floors; and WHEREAS, since the site is located in an M1-4 zoning district within the East New York IBZ, which does not permit residential development as-of-right, the requested use waiver is required; and WHEREAS, the applicant states that the following are unique physical conditions which create practical difficulties and unnecessary hardship in developing the subject site in conformance with underlying district regulations: (1) the site’s subsurface contamination and resultant need for remediation; (2) the site is encumbered with a significant slope; (3) the site abuts train tracks and elevated subway tracks; and (5) the applicant’s programmatic need to provide a sufficient number of units for project viability; and WHEREAS, as to the contamination at the site, the applicant submitted Phase I a

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