82-08-A APPLICANT – Harvey Epstein, Esq., for 514-516 East 5th Street, LLC, owner. SUBJECT – Application April 4, 2008 – Appeal seeking to revoke permit and approvals for a vertical enlargement of an existing non- fireproof tenement building which fails to comply with the applicable provisions of the MDL regarding fire safety standards. R7-2 zoning district. 5th PREMISES AFFECTED – 515 East Street, between A and Avenue B, Block 401, Lot 17, 18 & 56, Borough of Manhattan. COMMUNITY BOARD #3M APPEARANCES – For Applicant: Harvey Epstein. ACTION OF THE BOARD – Appeals granted. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez.......................................4 Negative:......................................................................0 Absent: Commissioner Montanez.................................1 THE RESOLUTION:1 WHEREAS, the instant appeal comes before the Board in response to a determination of the Manhattan Borough Commissioner, dated March 6, 2008, to uphold the approval of Alteration Permit No.104368845 permitting the enlargement of a five-story non-fireproof tenement building; and WHEREAS, the Final Determination reads, in pertinent part: “[t]he Department has determined that the applicant’s proposed design upgrades the level of fire protection afforded the occupants that is at least equivalent to what would be required under the MDL. For instance, the design includes the installation of a sprinkler system throughout the building, even though the MDL would not require any sprinklers. Additionally, the Department will require hard-wired smoke detectors in all apartments in the building to replace any battery operated ones, even though there would otherwise be no obligation to do so. Further, many other upgrades that increase the level of safety, such as increasing the fire- resistive rating of the stair and entrance hall walls and the cellar ceilings by adding layers of fire-rated sheetrock, and the construction of fire passages from the back yards. Thus, the fire-safety upgrades in the proposed design maintain the spirit and intent of the MDL, given the practical difficulties and unneccesary hardships that would be caused in this particular case by the compliance with the strict letter of the MDL provisions. Headings are utilized only in the interests of clarity 1 and organization. 82-08-A “old-law” non-fireproof tenement building located on the 5th Street, between Avenue A and north side of East Avenue B which was constructed before 1901 (described interchangeably herein as the “Building” and the “subject building”); and PROCEDURAL HISTORY WHEREAS, the instant appeal concerns the enlargement of a five-story non-fireproof tenement building (the “Building”) built prior to 1901; and WHEREAS, on March 7, 2006, pursuant to its professional certification program, DOB issued Alteration Permit No. 104368845 permitting a two-story vertical enlargement of the Building; and WHEREAS, at the request of City Council Member Mendez and other government officials, DOB conducted a special audit review of the Permit in May, 2006, and certain objections were raised; and WHEREAS, according to the appellant, in response to these issues, the owner filed a second permit application seeking to sprinkler the Building; and WHEREAS, the appellant further states that in response to a request for reconsideration submitted by certain elected officials, DOB conducted a second special audit review which identified a number of violations of the Multiple Dwelling Law; and WHEREAS, the complainants also questioned whether the enlargement complied with ZR § 23-692, known as the “Sliver Law”; and WHEREAS, in February 2007, DOB issued a final determination with respect to the Sliver Law issue; an appeal to the Board followed under BSA Cal. No. 67-07- A which was granted on September 11, 2007; and WHEREAS, on March 6, 2008, the Manhattan Borough Commissioner

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