APPLICANT Cozen O Connor Attorneys, for Boerum Place, LLC, Owner

257-04-BZ

APPLICANT – Cozen O’Connor Attorneys, for Boerum Place, LLC, owner.

SUBJECT – Application May 19, 2008 – Original bulk variance was granted on 8/23/05. SOC Amendment filed on 5/19/08 pursuant to ZR §72-01 & §72-22 to modify the street wall with dormers and to extend the elevator bulkhead to allow ADA access to the roof. No changes proposed to floor area or any waiver previously granted by the Board. R6, R6A, C2-3 & C2-4 districts.

PREMISES AFFECTED – 252/260 Atlantic Avenue, a/k/a 83-89 Boerum Place aka 239/247 Pacific Street, east side of Boerum Place, Block 181, Lot 1, Borough of Brooklyn.

COMMUNITY BOARD #2BK

APPEARANCES –

For Applicant: Peter Geis.

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, this is an application for a reopening and an amendment to a previously granted variance which permitted the construction of a non-complying seven-story mixed-use, residential/commercial building; and

WHEREAS, a public hearing was held on this application on August 19, 2008, after due notice by publication in The City Record, with a continued hearing on October 7, 2008, and then to decision on October 28, 2008; and

WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Ottley-Brown, Commissioner Hinkson, and Commissioner Montanez; and

WHEREAS, on August 23, 2005, the Board granted a variance, pursuant to ZR §72-21, permitting the construction of a seven-story mixed-use (Use Group 2 and Use Group 6) building on a site partially within a C2-4 (R6A) zoning district and partially within a C2-3 (R6) zoning district within the Special Downtown Brooklyn District and the Atlantic Avenue Subdistrict; and

WHEREAS, the applicant now seeks to create dormers on the Pacific Street frontage and to raise the height of the elevator bulkhead; and

WHEREAS, the applicant represents that the proposed modifications do not create new zoning non-compliances or increase the waivers originally granted; and

WHEREAS, the applicant further represents that the additional dormers are consistent with the allowable building form, and that raising the elevator bulkhead will allow wheelchair access to the roof area; and

WHEREAS, the applicant initially represented that, subsequent to a DOB audit, the previously approved plans triggered two additional waivers to the Zoning Resolution that were not originally contemplated in the 2005 approval, specifically: (i) waivers to ZR § 101-721, regarding the streetwall height within the Special Downtown Brooklyn District and the Atlantic Avenue Subdistrict along Boerum Place, and (ii) the clarification of the accessory roof top pool; and

WHEREAS, the Board raised concerns as to whether the applicant could properly justify the need for such waivers in the context of the findings made under ZR § 72-21, specifically with respect to the (e) finding; and

WHEREAS, in response, the applicant modified the proposal to remove the roof top pool and lower the street wall along Boerum Place to meet the Special District regulations; and

WHEREAS, pursuant to ZR §§ 72-01 and 72-22, the Board may permit an amendment to an existing variance; and

WHEREAS, based upon its review of the evidence, the Board finds that the requested amendment to the site plan is appropriate, with certain conditions set forth below.

Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, said resolution having been adopted on August 23, 2005, so that as amended this portion of the resolution shall read: “to permit the noted modification to the plans to reflect the proposed dormers on the Pacific Street frontage and to raise the height of the elevator bulkhead; on condition that all work shall substantially conform to drawings filed with this application and marked “Received October 15, 2008”-(1) sheet and “September 16, 2008”-(12) sheets; and on further condition:

THAT all conditions from prior resolutions not specifically waived by the Board remain in effect;

THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; and

THAT the Department of Buildings must 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) and/or configuration(s) not related to the relief granted.”

(DOB Application No. 302336292)

Adopted by the Board of Standards and Appeals, October 28, 2008.

A true copy of resolution adopted by the Board of Standards and Appeals, October 28, 2008.

Printed in Bulletin Nos. 41-43, Vol. 93.

Copies Sent

To Applicant

Fire Com'r.

Borough Com'r.