NEW YORK CITY BOARD OF STANDARDS AND APPEALS, MAY 6, 2024
Calendar 2023-69-A, premises 25 Water Street a/k/a 115 Broad Street. Source W2: https://www.nyc.gov/assets/bsa/downloads/pdf/decisions/2023-69-A.pdf
Selected faithful excerpts and identified paraphrases from decision pp. 1, 3-5, 7. This is a later entitlement decision, not a document known in December 2022.

Page 1: NYC Department of Buildings objection dated October 17, 2023: "East-facing windows of proposed ZR Article 1, Chapter 5 conversion of office building constructed after 1961 to residential use do not comply with MDL § 277(7) ...". Applicant requested a modification allowing windows facing Vietnam Veterans Memorial Plaza, a mapped city park, instead of a street, court, or yard. The Board granted the application on conditions May 6, 2024.

Page 3, cited statutory condition: "Every dwelling unit shall have one or more windows ... which open onto a street, a court with a dimension of 15 feet perpendicular to the windows and 100 square feet minimum area above a setback or a 30-foot rear yard."

Page 4, applicant representation: inability to count rooms as bedrooms could reduce rents and lengthen lease-up, and "the requested MDL waiver would not impact the building's exterior, the floor area, the bulk, the number of dwelling units, or the size and configuration of the east-facing windows."

Page 5, applicant representation: "the proposed residential building could contain 1,320 dwelling units"; later in that paragraph, "The loss of the approximately 100 bedrooms in the proposed conversion of 25 Water Street creates a problem ...". This is a bedroom issue, NOT a 100-unit loss. Approximately 1,300 in 2022 and 1,320 in the later applicant representation have different dates and precision.

Page 7, Board condition: composite window-wall attenuation no less than 33 dba and alternate means of ventilation for the affected part; certificate of occupancy showing conditions and approval required within four years. These are decision conditions, not a comprehensive construction permit or a project-wide budget.