PREMISES AFFECTED - 1275 36th Street, a/k/a 123 Clara Street, Borough of Brooklyn.
405-01-BZ
CEQR #02-BSA-103K
APPLICANT - Sheldon Lobel, P.C., for Aron Welz United Talmudical Academy, owner.
SUBJECT - Application December 28, 2001 - under Z.R. §72-21, to permit the proposed construction of a five-story school building and synagogue, Use Groups 3 and 4, located in both an R5 and C2-3/R5 zoning districts, which does not comply with the zoning requirements for floor area ratio, maximum building height, lot coverage, front and side yards and inner courts, and is contrary to §§24-11, 24-521, 24-34, 24-35, 23-851 and 24-64.
PREMISES AFFECTED - 1275 36th Street, a/k/a 123 Clara Street, southeast corner, between Clara and Luisa Streets, Block 5310, Lot 1, Borough of Brooklyn.
COMMUNITY BOARD #12BK
APPEARANCES -
For Applicant: Sheldon Lobel.
ACTION OF THE BOARD - Application granted on condition.
THE VOTE TO GRANT -
Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Korbey, Commissioner Caliendo and Commissioner Miele...... 5
Negative:...... 0
THE RESOLUTION -
WHEREAS, the decision of the Borough Commissioner dated October 4, 2001 acting on N.B. Application No. 301234251, reads;
“PROPOSED NEW SCHOOL BUILDING EXCEEDS THE PERMITTED FLOOR AREA RATIO AND LOT COVERAGE UNDER SECTION 24-11 BZ, MAXIMUM BUILDING HEIGHT UNDER SECTION 24-521 BZ AND DOES NOT COMPLY WITH THE FRONT YARD REGULATIONS UNDER SECTION 24-34 BZ AND THE SIDE YARD REGULATIONS UNDER SECTION 24-35 BZ AND THEREFORE MUST BE APPROVED BY THE BOARD OF STANDARDS AND APPEALS.
THE INNER COURT AS SHOWN ON DRAWING NO. 5 DOES NOT COMPLY WITH SECTIONS 23-851 AND 24-64 AND MUST ALSO BE APPROVED BY THE BOARD OF STANDARDS AND APPEALS.”; and
WHEREAS, a public hearing was held on this application on July 15, 2002 after due notice by publication in The City Record, and laid over to September 10, 2002, October 22, 2002 and then to November 12, 2002 for decision; and
WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice-Chair Babbar, Commissioner Peter Caliendo and Commissioner Mitchell Korbey; and
WHEREAS, this is an application under Z.R. §72-21 to permit the proposed construction of a five-story school building and synagogue, Use Groups 3 and 4, located in both an R5 and C2-3/R5 zoning districts, which does not comply with the zoning requirements for floor area ratio, maximum building height, lot coverage, front and side yards and inner courts, and is contrary to §§24-11, 24-521, 24-34, 24-35, 23-851 and 24-64; and
WHEREAS, by letter dated April 23, 2002, Community Board #12 unanimously recommended approval of this application stating that “This is a much needed facility and will enhance [the] community as well.”; and
WHEREAS, the subject site is trapezoidal shaped parcel of land, situated on the southeast corner of the intersection of Clara Street and 36th Street in Brooklyn; and
WHEREAS, the property is currently improved with a one-story masonry building, a one-story block shed and one-story frame building, all of which the applicant proposes to demolish and develop with a five-story and cellar school and synagogue; and
WHEREAS, the applicant represents that the proposed structure will have 60 classrooms plus a cellar with a children’s dining room, kitchen and offices; and
WHEREAS, the proposed school will have a staff of 50 people and will provide religious and secular education to approximately 950 male students, grades 9 through 12, ages 15-19; and
WHEREAS, the proposed hours of operation will be 9:00 AM to 6:00 PM Monday through Thursday and 8:00 AM to 1:00 PM on Friday; and
WHEREAS, the proposed building will be built and utilized by the United Talmudical Academy (“UTA”) of Borough Park, a community based not-for-profit corporation which currently has four other locations in Borough Park; and
WHEREAS, the applicant represents that the burgeoning population of the surrounding community has resulted in a waiting list of students who wish to attend the academy; and
WHEREAS, the applicant further represents that allowing these students to attend the academy’s existing facility would create overcrowding, and result in an unfit learning environment for young children; and
WHEREAS, the record indicates that there exists a dire need for additional space to facilitate the academy’s community-based programs, including the Head Start Program, special education classes for children with disabilities, weekend and holiday programs for children with troubled homes, and after school classes and activities for children with diminished opportunities at home; and
WHEREAS, in order to meet these programmatic needs, a new structure for the school and synagogue must be constructed at a centralized location within the community such as this, to allow many of the students and congregants to walk to school and services in observation of religious holidays; and
WHEREAS, the applicant represents the strains of the resources in the current facilities create a practical difficulty and unnecessary hardship that requires the construction of a new structure and a waiver of the floor area, building height, lot coverage, yard and inner court requirements to meet the programmatic need of the academy;
WHEREAS, in addition, where a non-profit community facility’s programmatic needs create practical difficulties and unnecessary hardship in complying strictly with the Zoning Resolution, a variance should be granted unless it unarguably contravenes public health, safety or welfare or creates a severe detriment to the character of the neighborhood; and
WHEREAS, the Board finds that the applicant need not address Z.R. §72-21(b) since the applicant is a not-for-profit organization and the development on this site will be in furtherance of its not-for-profit purposes; and
WHEREAS, both the school and synagogue uses are permitted as-of-right in both a R5 and C2-3/R5 zoning districts, and this variance only pertains to the bulk of the building; and
WHEREAS, the applicant represents that most of the students and faculty will be drawn from the immediate area and will walk to the school/synagogue thus alleviating concerns of adverse parking impacts on the community; and
WHEREAS, at the request of the Board and in response to community-based concerns the project has been reduced in height, and the inner courtyard has been enlarged; and
WHEREAS, by letter dated August 16, 2002, the New York City Department of Transportation Traffic Safety Division has listed a number of conditions to ensure traffic safety, all of which the applicant has agreed to comply with; and
WHEREAS, therefore, the Board has determined that the proposed action will not alter the essential character of the surrounding neighborhood or impair the use or development of adjacent properties, nor will it be detrimental to the public welfare; and
WHEREAS, the hardship herein was not created by the owner or a predecessor in title; and
WHEREAS, evidence in the record demonstrates that this proposal is the minimum necessary to meet the programmatic needs of the school; and
WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under Z.R. §72-21; and
WHEREAS, the Board has conducted an environmental review of the proposed action and has carefully considered all relevant areas of environmental concern; and
WHEREAS, the Board has determined that the proposed action will not result in any significant environmental effects; and
WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement.
Therefore, it is Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 N.Y.C.R.R. Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §§72-21 to permit the proposed construction of a five-story school building and synagogue, Use Groups 3 and 4, located in both an R5 and C2-3/R5 zoning districts, which does not comply with the zoning requirements for floor area ratio, maximum building height, lot coverage, front and side yards and inner courts, and is contrary to §§24-11, 24-521, 24-34, 24-35, 23-851 and 24-64; on condition that all work shall substantially conform to drawings as they apply to the objection above noted, filed with this application marked “Received October 29, 2002”- (11) sheets; and on further condition;
THAT, fire protection measures shall be provided and maintained in accordance with the BSA-approved plans;
THAT, the DOT shall place signs in front of the new high school building stating that there is to be no standing from 7:00 AM to 7:00 PM on school days, for school buses;
THAT the areas designated for school buses are 112 feet for three school buses in front of 1275 36th Street, and 155 feet for four school buses on the side of Clara Street;
THAT two school crossing guards shall be assigned to two of the uncontrolled intersections at 36th Street and Clara Street and Clara Street and Chester Avenue;
THAT school crossing signs, crosswalks and crossing messages shall be installed and maintained in compliance with DOT recommendations;
THAT substantial construction shall be completed in accordance with Z.R. §72-23;
THAT all of the above conditions 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 approved plans shall be considered approved only for the portions related to the specific relief granted; 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.
Adopted by the Board of Standards and Appeals, November 12, 2002.