PREMISES AFFECTED - 1449 39th Street, Borough of Brooklyn.

385-01-BZ

APPLICANT - Moshe M. Friedman, P.E., for Bais Tziporah, Inc., owner.

SUBJECT - Application October 2, 2003 - reopening for an amendment to the resolution.

PREMISES AFFECTED - 1449 39th Street, northside 290' west of intersection of 39th Street and 15th Avenue, Block 5347, Lot 58, Borough of Brooklyn.

COMMUNITY BOARD #12BK

APPEARANCES -

For Applicant: Jos Friedman.

ACTION OF THE BOARD - Application reopened and resolution amended.

THE VOTE TO GRANT -

Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Miele and Commissioner Caliendo...... 4

Negative:...... 0

THE RESOLUTION -

WHEREAS, a public hearing was held on this application on December 9, 2003, after due notice by publication in The City Record, and laid over to December 23, 2003 for decision; and

WHEREAS, the applicant requests a re-opening and an amendment to the resolution; and

WHEREAS, on May 14, 2002, the Board permitted the legalization of an existing Yeshiva, at the first and second floor levels and an enlargement of the building, creating a third floor and a partial fourth floor with a play area at the roof level; and

WHEREAS, the applicant seeks to amend the layout of the fourth floor; and

WHEREAS, the record indicates that the proposed amendment will provide a design that is more efficient and cost effective.

Resolved, that the Board of Standards and Appeals, reopens and amends the resolution, pursuant to Zoning Resolution §§72-01 and 72-22, so that as amended this portion of the resolution shall read: “to permit the proposed layout of the fourth floor,” on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received October 2, 2003”- (7) 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; 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 # 301190397)

Adopted by the Board of Standards and Appeals, December 23, 2003.