Note. —This resolution in the Bulletin. Please formal errors so that BOARD MEETING OF: CALENDAR NO.: PREMISES: ACTION OF BOARD THE VOTE — Affirmative: Vice-Chair Commissioner Negative: Absent: Chair Chanda THE RESOLUTION The decision November 25, 2025, 140990890, reads, Respectfully request of the existing 1. ZR 23-16(c), of Quality 28-00. 2. ZR 23-674, regulations: pursuant indicate full with exceptions 3. ZR 23-153: in accordance 4. ZR 23-661: 5. ZR 23-66, 6. ZR 23-533: minimum midway between rear yard ZR 23-533. 7. ZR 23-711: buildings This is an application legalize an existing, community facility Resolution bulk regulations R8 zoning district, residential buildings Manhattan Community constructed pursuant 28-00). The basis of existing building issued by the NYC A public hearing 2025, after due notice decision on January Community application and jurisdiction of the (“DCP”), contending handled through use actions. CB9 further Regardless of the BSA nor executes and mitigate the benefits derived CPC ultimately grant be conditioned following stipulations, against the zoning 1. Increased shall rent affordable applying apartments be listed Department subsequent 2. 50-Year Affordability a legally guaranteeing housing units, above, shall perpetuity, 3. Future Relocation explicitly demolished failure, or responsible affected moving costs. risk associated 4. Permanent shall permanently setback areas improved, seating, or open area permanent The Board also received nursery located at The Premises bounded by West south, within an R8 125 feet of frontage West 152nd Street, the Premises are use, residential and 22, is part of a larger The applicant Premises which contains including 169,028 square feet of community-facility residences on lots feet of residential community facility total floor area (6.35 back 30 feet from provides rear yard and 154th Streets terraces for outdoor building also sets building height of rent-stabilized and street, accessory parking In the subject height of the mixed 105 feet; the majority West 153rd Street located at the middle limited to 85 feet, maximum 105-foot 23-711, 23-533, 23-661, the applicant seeks The Zoning Resolution “vary or modify [its] observed, public § 72-21. New York courts “[o]ne does not acquire invalid permit . . that the expenditures variance where the no reasonable basis Estates, Inc. v. Raynor, omitted); see also Cortodd 1009 (2d Dep’t Rebuilders, Inc. v. 1977) (same); Alvord A.D.2d 986, 987 (4th of Cleveland, No. App. 8th Dist. Dec. variance will not injure an individual property zoning modifications With respect involve no change property or in the effect of barring the the owners of a beneficial [the residence] or 138, 146 (1966) (variance family). Where construction after zoning review applicant for a building erroneous issuance 412, 412 (1st Dep’t a variance to remedy reliance on an invalid 964 (2d Dep’t 1976) vast expenditures alteration permit, that the denial of blow’.”). See also Appeals, 43 A.D.3d (2008) (granting variance good-faith reliance First, the applicant conditions inherent development, arrangement, building – that create complying strictly created by general the applicant states pursuant to permits examination. Furthermore, arrangement of the the site to construct the Zoning Resolution building, including Additionally, building constructed existing building comprehensive zoning residential building, area. With the existing the proposed as-of-right residential floor area would reach a base the street lines of rise to a maximum rear yard equivalent dwelling units, with housing; and no parking. In particular, Zoning Resolution’s demolition of floors its bulkhead, representing building’s mass. with the Zoning requirement would floors 1 through 11, existing building floorplates without structural loads that Site to the periphery Quality Housing foundation could not As a result, the applicant building that could Moreover, the development and Building (“NB”) permit presen

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