343-12-BZ APPLICANT – Akerman Senterfitt, LLP., for Ocean Ave Education Support, Inc., owner. SUBJECT – Application December 19, 2012 – Variance (§72-21) to permit the construction of a Use Group 3 (Brooklyn School for Medically Frail Children) school with dormitory facilities in a split zoning lot, contrary to lot coverage( §24-11), yard requirements (§24-382, §24- 393, §24-33) and use regulations (§22-13). R1-2/R7A zoning district. 21st PREMISES AFFECTED – 570 East Street, between Dorchester Road and Ditmas Avenue, Block 5184, Lot(s) 39, 62, 66, Borough of Brooklyn. COMMUNITY BOARD #14BK Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Commissioner Ottley- Brown and Commissioner Montanez………..………..3 Absent: Vice-Chair Hinkson..........................................1 Negative:.........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Borough Commissioner, dated July 16, 2015, acting on Department of Buildings Application No. 320581438, reads in pertinent part: 1. ZR 24-35 Proposed School (Use Group 3) does not provide the required side yards and requires a variance from the Board of Standards and Appeals pursuant to ZR 72- 21; 2. ZR 24-382 Proposed School (Use Group 3) does not provide the required rear yard equivalent and requires a variance from the Board of Standards and Appeals pursuant to ZR 72-21; 3. ZR 24-393 Proposed School (Use Group 3) does not provide the required rear yard and requires a variance from the Board of Standards and Appeals pursuant to ZR 72- 21; 4. ZR 24-11 Proposed School (Use Group 3) exceeds maximum lot coverage and requires a variance from the Board of Standards and Appeals pursuant to ZR 72-21; 5. ZR 22-13 Proposed School Dormitory (Use Group 3) is not permitted in R1-2 district per ZR 22-13 and requires a variance from the Board of Standards and Appeals pursuant to ZR 72-21; 6. ZR 24-33 Proposed School (Use Group 3) does not comply with permitted obstructions in required yards per ZR 24-33 and requires a variance from the Board of Standards and Appeals pursuant to ZR 72-21; and WHEREAS, this is an application under ZR § 72- 21, to permit, on a site within an R1-2 zoning district, and also within an R7A zoning district, comprised of three separate tax lots, the construction of a Use Group 3 school that does not comply with the zoning requirements for side yards, rear yard equivalent, rear 343-12-BZ education services to prevent a regression of skills and knowledge during a traditional summer recess; and WHEREAS, the Board notes that no Certificate of Need is required where, as here, the proposed development is a school and not a health care facility or nursing home, and notes further that while the School need not obtain a Certificate of Need the nursing services provider with which it will contract may do so without prejudice to the School’s status as a New York not-for-profit education corporation; and WHEREAS, the site consists of three tax lots (lots 39, 62 and 66) located on Block 5814 in Brooklyn (the “Site”); Block 5814, Lot 39 is a 5,000 sq. ft. lot with 50 21st feet of frontage along East Street, between Dorchester Road and Ditmas Avenue, located within an R7A zoning district; Block 5814, Lots 62 and 66 are adjacent 5,500 sq. ft. lot lots each with 50 feet of frontage along Ocean Avenue, between Dorchester Road and Ditmas Avenue, located within an R1-2 zoning district, thus the Site has an area of 16,000 sq. ft. and is located partially within an R1-2 zoning district and partially within an R7A zoning district; and WHEREAS, Block 5814, Lots 9 and 62 are each occupied by a single-family residence; Block 5814, Lot 66 is vacant; and WHEREAS, the School proposes to construct, at the Site, a private residential and day school for medically frail students who require breathing ventilation and/or respiratory care during all our part of the school day; and WHEREAS, th

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