35-09-BZ APPLICANT – Kramer Levin Naftalis & Frankel LLP, for Direct Supply Co. Inc., owner. SUBJECT – Application July 17, 2018 – Extension of Term (§11-411) of a previously approved variance which permitted the operation of a contractors’ establishment (UG 16B) which expires on June 9, 2019. R7A zoning district. 103rd PREMISES AFFECTED – 345-347 East Street, Block 1675, Lot(s) 21, 22, Borough of Manhattan. COMMUNITY BOARD #11M Granted on condition. ACTION OF THE BOARD – THE VOTE TO GRANT – Affirmative: Vice-Chair Chanda, Commissioner Ottley- Brown, Commissioner Sheta and Commissioner Scibetta………………………………………………4 Negative: ...……..………………………...………….0 Absent: Chair Perlmutter …………………..…………1 THE RESOLUTION – WHEREAS, this is an application an extension of the term of a variance, previously granted by the Board; and WHEREAS, a public hearing was held on this application on October 30, 2018, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, by letter dated October 23, 2018, the Chair of Community Board 11, Manhattan, states that the Community Board supports the subject application; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and the surrounding neighborhood; and WHEREAS, the subject site is comprised of two contiguous tax lots located on the north side of East 103rd Street, between First Avenue and Second Avenue, in an R7A zoning district, in Manhattan; and WHEREAS, the site has approximately 50 feet of frontage along East 103rd Street, 101 feet of depth, 5,000 square feet of lot area and is occupied by a two- story contractors’ establishment; and WHEREAS, the Board has exercised jurisdiction over the subject site since December 20, 1938 when, under BSA Cal. No. 958-38-BZ, the Board granted a variance to permit the use of part of an existing two- story building, formerly occupied with a stable in the cellar and first floor and residential dwelling above, to be used as a garage for more than five (5) cars, limited to the first story only, on condition that in all other respects, except as to zone use, the building comply with all laws, rules and regulations applicable thereto; no gasoline storage be maintained on the premises other than in tanks of cars; the cellar remain vacant except that that portion below the existing store may be used in conjunction therewith, provided that such portion of the cellar is separated from the balance of cellar with fireproof construction with no openings therein; and that all permits be obtained and all work be completed within one (1) year; and WHEREAS, on June 20, 1950, under BSA Cal. No. 958-38-BZ, the Board amended the December 20, 1938, resolution, permitting a change of use on the first floor of the building to a motor vehicle repair shop, as indicated on approved plans filed with the application, for a term of five (5) years, on condition that in all other respects the resolution adopted by the Board on December 20, 1938, be complied with where not 35-09-BZ substantially conform to approved drawings filed with the application; the permit be for a term of ten years, to expire on June 9, 2019, the use be limited to an electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractor’s establishment; the conditions be listed on the certificate of occupancy; a certificate of occupancy be obtained by December 9, 2009; all conditions from prior resolutions not specifically waived by the Board remain in effect; the approval be limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; the approved plans be considered approved only for the portions related to the specific relief granted; and the Department of Buildings ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) no
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