228-96-BZ

APPLICANT – Sheldon Lobel, P.C., for Five D’s Irrevocable Trust, owner.

SUBJECT – Application July 15, 2006 – Extension of Term of a previously granted special permit under section 73-44 of the zoning resolution which permitted the reduction, from 40 to 25 in the number of required accessory off-street parking spaces for a New York vocational and educational counseling facility for individuals with disabilities (Use Group 6, Parking Requirement Category B1) located in an M1-1 zoning district.

PREMISES AFFECTED – 1209 Zerega Avenue, west side of Zerega Avenue between Ellis Avenue and Gleason Avenue, Block 3830, Lot 44, Borough of The Bronx.

COMMUNITY BOARD #9BX

APPEARANCES –

For Applicant: Josh Rinesmith.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice-Chair Babbar and Commissioner Collins...... 3

Abstain: Commissioner Ottley-Brown...... 1

Negative:...... 0

THE RESOLUTION:

WHEREAS, this is an application for a re-opening and an amendment to eliminate the term of the special permit, which allows the reduction in the number of required parking spaces for an existing counseling facility; and

WHEREAS, a public hearing was held on this application on September 19, 2006, after due notice by publication in TheCity Record, and then to decision on October 17, 2006; and

WHEREAS, this application is brought on behalf of the private fee owner who leases the property to Vocational and Educational Services for Individuals with Disabilities (VESID), a state agency; and

WHEREAS, the site is located on the west side of Zerega Avenue, between Ellis and Gleason Avenues, within an M1-1 zoning district; and

WHEREAS, the site is occupied by a one-story with cellar building, with 25 attended accessory parking spaces; and

WHEREAS, on July 1, 1997, under the subject calendar number, the Board granted a special permit, pursuant to ZR § 73-44, authorizing a reduction in the number of required parking spaces from 40 to 25 for VESID, a vocational and educational counseling facility for individuals with disabilities operated by the State of New York (a Use Group 6 use in Parking Requirement Category B1); and

WHEREAS, said grant was for a period of ten years to expire on July 1, 2007; and

WHEREAS, the applicant requests that the term of the special permit be eliminated; and

WHEREAS, at hearing, the Board asked the applicant if there had been any changes to the parking or the use of the site; and

WHEREAS, the applicant responded that there had not been any changes since the prior approval; and

WHEREAS, further, the applicant represents that the State intends to continue to lease the premises for occupancy by VESID or a comparable use; and

WHEREAS, in support of this assertion, the applicant submitted a renewal letter and a letter of intent from the lessor of the premises indicating an intent to renew the lease to the State of New York through February 28, 2017; and

WHEREAS, based upon the above, the Board finds that the applicant’s request to eliminate the term is appropriate, so long as the applicant complies with all relevant conditions as set forth below.

Therefore it is Resolvedthat the Board of Standards and Appeals reopens and amends the resolution, said resolution having been adopted on July 1, 1997, so that, as amended, this portion of the resolution shall read: “to permit the elimination of a term for the special permit, on condition that the use shall substantially conform to drawings as filed with this application, marked ‘Received July 15, 2006’–(1) sheet; and on further condition:

THAT there shall be no change in the ownership, operating control, or use of the subject premises without the prior approval of the Board;

THAT no certificate of occupancy shall be issued if the use is changed to a use listed in Parking Requirement Category B unless additional accessory off-street parking spaces sufficient to meet such requirements are provided on the site or within the permitted off-site radius; and

THAT the above conditions and all relevant conditions from prior resolutions shall appear on the certificate of occupancy;

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;

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 App. No. 201055188)

Adopted by the Board of Standards and Appeals, October 17, 2006.