PREMISES AFFECTED - 1257-1263 38th Street, Borough of Brooklyn.

295-01-BZ

APPLICANT - Fischbein Badillo Wagner Harding, for Yeled V’Yalda Early Childhood Center, owner.

SUBJECT - Application January 22, 2004 - reopening for an amendment to the resolution.

PREMISES AFFECTED - 1257-1263 38th Street, between 12th Avenue and 13th Avenue, Block 5295, Lots 47, 48, 49, Borough of Brooklyn.

COMMUNITY BOARD #12BK

APPEARANCES -

For Applicant: Howard Hornstein and Peter Geis.

ACTION OF THE BOARD -Application reopened and amended.

THE VOTE TO GRANT-

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Caliendo, Commissioner Miele and

Commissioner Chin...... 5

Negative:...... 0

THE RESOLUTION

WHEREAS, a public hearing was held on this application on May 11, 2004 after due notice by publication in The City Record, and then to June 8, 2004 for decision; and

WHEREAS, the applicant requests a reopening and amendment of the resolution to permit an increase in the size of the proposed cellar; and

WHEREAS, on May 14, 2002, the board granted a variance to permit, in an M21 zoning district, the construction and operation of a school, Use Group 3, on the subject premises; and

WHEREAS, on September 24, 2002, the resolution was amended to eliminate the entire fifth floor and approximately 70% of the cellar level, which was intended for a gym/auditorium use; and

WHEREAS, the amendment also entailed redesignating the former subcellar as the cellar and the former cellar space as a mezzanine; and

WHEREAS, upon commencing construction, it was determined that some of the cellar space removed as part of the September 24, 2002 amendment application would be needed for two (2) kitchens and additional multipurpose space for activities related to religious functions; and

WHEREAS, the applicant states that the current proposal does not change any zoning calculations and merely returns some of the gross cellar floor area which was granted by the Board in the original variance application.

Resolved, that the Board of Standards and Appeals reopens and amends the resolution, said resolution having been adopted on May 14, 2002, so that as amended this portion of the resolution shall read: "To permit an increase in the size of the proposed cellar on condition that all work shall substantially conform to drawing as they apply to the objections above noted, filed with this application marked ‘Received May 25, 2004'(3) sheets; and on further condition:

THAT the premises shall be maintained free of debris and graffiti;

THAT any graffiti located on the premises shall be removed within 48 hours;

THAT the above conditions and all 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 # 301268964)

Adopted by the Board of Standards and Appeals, June 8, 2004.