140-06-BZ
CEQR#07-BSA-001K
APPLICANT – Sheldon Lobel, P.C., for 21-29 Belvidere Realty, LLC, owner.
SUBJECT – Application July 6, 2006 – Special Permit pursuant to Z.R. §73-53 to allow the proposed four-story enlargement of a legal and existing, conforming four-story manufacturing building. The premise is located in an M1-1 zoning district. The proposal is seeking waivers of Z. R. Sections 43-12 (FAR); 43-43 (Wall height, total height, number of stories, setbacks, and sky exposure plane); and 43-26 (Rear yard).
PREMISES AFFECTED – 25-29 Belvidere Street, located on the east side of Belvidere Street between Broadway and Beaver Street, Block 3135, Lot 36, Borough of Brooklyn.
COMMUNITY BOARD #4BK
APPEARANCES –
For Applicant: Richard Lobel.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson...... 4
Negative:...... 0
THE RESOLUTION:
WHEREAS, the decision of the Brooklyn Borough Commissioner, dated June 23, 2006, acting on Department of Buildings Application No. 301188184, reads:
“The proposed enlargement of a legal conforming manufacturing use located in a M1-1 zoning district is not allowed and requires a special permit from the Board of Standards and Appeals pursuant to Section 73-53 of the Zoning Resolution”; and
WHEREAS, this is an application made pursuant to ZR §§ 73-53 and 73-03, to allow, within an M1-1 zoning district, the proposed enlargement of a legal conforming Use Group 17b manufacturing building, which does not comply with requirements related to floor area, wall height, number of stories, setback, and sky exposure plane, contrary to ZR §§ 43-12 and 43-43; and
WHEREAS, a public hearing was held on this application on November 21, 2006 after due notice by publication in The City Record and then to decision on December 12, 2006; and
WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, consisting of Chair Srinivasan and Vice-Chair Collins; and
WHEREAS, Community Board 5, Brooklyn, recommends approval of this application; and
WHEREAS, the subject zoning lot is located on the east side of Belvidere Street between Broadway and Beaver Street, within an M1-1 zoning district; and
WHEREAS, the lot is approximately 9,500 square feet and is improved upon with a 18,525.5 square feet, 1.95 Floor Area Ratio (FAR) four-story manufacturing building constructed in 1922; and
WHEREAS, the proposed enlargement will add an additional 8,332.2 square feet in floor area, and will be located adjacent to the existing building, with enclosed parking and loading on the first floor; and
WHEREAS, the enlargement will result in the following non-compliances: an FAR of 2.83 (the maximum FAR is 1.0); a wall height of 48’-2” (the maximum wall height is 30’-0”; four stories (the maximum is two stories); no setbacks (a setback of 20’-0” is required); and non-compliance with the sky exposure plane; and
WHEREAS, the current owner purchased the property in 2000, and has used it since then for the manufacturing of custom decorative hardware; and
WHEREAS, as to the prerequisites, the applicant, through testimony and submission of supporting documentation, has demonstrated that: the use of the premises is not subject to termination pursuant to ZR § 52-70; the use for which the special permit is being sought has lawfully existed for more than five years; there has not been residential use on the site during the past five years; the subject building has not received an enlargement pursuant to ZR §§ 11-412, 43-121 or 72-21; and that the subject use is listed in Use Group 17b, not Use Group 18; and
WHEREAS, the applicant also demonstrated that the requested proposal is for an enlargement that results in less than 45% of the floor area occupied by the UG 17b use on December 17, 1987, and does not exceed 10,000 square feet; and
WHEREAS, in support of the above, the applicant has submitted plans, an owner’s affidavit, Sanborn maps, and a history of the listing in the telephone directory; and
WHEREAS, the applicant represents that the enlargement is an entirely enclosed building, and that there will be no open uses of any kind; and
WHEREAS, the applicant represents, and the Board agrees, that that the requirements set forth at ZR § 73-53(b)(4),(5),(6),(7),(8), and (9) are either satisfied, or are inapplicable to the instant application; and
WHEREAS, the applicant notes that the enlargement will result in the hiring of approximately 5 to 15 new employees, which is below the number which will generate significant increases in vehicular or pedestrian traffic; and
WHEREAS, as to potential parking impacts, the applicant states there will be adequate parking, both on-site and on-street, to accommodate projected parking need; and
WHEREAS, further, all parking and loading will be enclosed; and
WHEREAS, accordingly, the record indicates and the Board finds that the subject enlargement will not generate significant increases in vehicular or pedestrian traffic, nor cause congestion in the surrounding area, and that there is adequate parking for the vehicles generated by the enlargement, and that loading will be inside the building; and WHEREAS, the Board notes that there are no required side yards; and
WHEREAS, as to the general impact on the essential character of the neighborhood and nearby conforming uses, the Board notes that the proposed enlargement will be constructed entirely within the subject M1-1 zoning district; and
WHEREAS, the Board observes that immediately to the north and west of the site are two large warehouses and a factory, and that the subject block is developed with many commercial uses; and
WHEREAS, thus, the neighborhood in which the site is located in characterized by a significant manufacturing and commercial presence; and
WHEREAS, accordingly, the Board finds that the proposed enlargement will not alter the essential character of the surrounding neighborhood nor will it impair the future use and development of the surrounding area; and
WHEREAS, the Board notes that the grant of the special permit will facilitate the enlargement of a viable UG 17 use, which provides jobs and tax revenue, on a site where such use is appropriate and legal; and
WHEREAS, based upon the above, the Board finds that, under the conditions and safeguards imposed, any hazard or disadvantage to the community at large due to the proposed special permit use are outweighed by the advantages to be derived by the community; and
WHEREAS, the proposed project will not interfere with any pending public improvement project; and
WHEREAS, therefore, the Board determines that the evidence in the record supports the findings required to be made under ZR §§ 73-53 and 73-03.
WHEREAS, the project is classified as an Unlisted action pursuant to Sections 617.6(h) and 617.2(h) of 6 NYCRR; and
WHEREAS, the Board has conducted an environmental review of the proposed action and has documented relevant information about the project in the Final Environmental Assessment Statement (EAS) CEQR No. 07BSA001K, dated July 11, 2006; and
WHEREAS, the EAS documents that the project as proposed would not have significant adverse impacts on Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Waterfront Revitalization Program; Infrastructure; Hazardous Materials; Solid Waste and Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; and Public Health; and
WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and
WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment.
Therefore it is Resolvedthat the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR 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 ZR §§ 73-53 and 73-03 for a special permit to allow, within an M1-1 zoning district, the proposed enlargement of a legal conforming use Group 17b manufacturing building, which does not comply with requirements related to floor area, wall height, number of stories, setback, and sky exposure plane, contrary to ZR §§ 43-12 and 43-43, on condition that all work shall substantially conform to drawings as they apply to the objection above-noted, filed with this application marked “Received December 11, 2006”– (5) 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 there shall be no open uses on the site;
THAT the above conditions shall appear on any issued certificate of occupancy;
THAT all applicable fire safety measure will be complied with;
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 December 12, 2006.