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The City Planning Commission, by special permit, may allow:
  1. the unmapped air space above the approaches to the Brooklyn Battery Tunnel to be considered a single zoning lot and may allow the development or enlargement of a building on such unmapped air space, where the zoning lot for such development or enlargement shall include only that portion of the area above the approaches to the Brooklyn Battery Tunnel and contiguous areas of land or property that are covered by a permanent platform and not designated as approaches to the Brooklyn Battery Tunnel.
  2. the unmapped air space above the approaches to the Brooklyn Battery Tunnel, the unmapped air space above Joseph P. Ward Street and the at-grade parcels bounding the northern street line of Joseph P. Ward Street to be deemed a single zoning lot, and in connection therewith:
  1. such zoning lot shall generate floor area only from such at-grade parcels and only those portions of the unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or building existing on November 15, 2007;
  2. no floor area shall be generated from the unmapped air space above Joseph P. Ward Street; and
  3. unused floor area generated from those portions of the unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or building existing on November 15, 2007, shall only be located on the at-grade parcels bounding the northern street line of Joseph P. Ward Street and shall only be used for residential floor area.
Notwithstanding any of the foregoing, the use and occupancy of the unmapped air space above the approaches to the Brooklyn Battery Tunnel and of the at-grade parcel bounding the northern street line of Joseph P. Ward Street and shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel by the New York State Triborough Bridge and Tunnel Authority, may be continued and in effect as set forth in Resolutions of the former New York City Board of Estimate and as otherwise permitted by law.

The at-grade parcels of the zoning lot bounding the northern street line of Joseph P. Ward Street shall be considered a through lot bounded by Washington Street and West Street from its lowest level to the sky, and only such at-grade parcels shall be used to determine compliance with applicable bulk regulations other than floor area and lot area regulations.

For purposes of this paragraph, (b), the at-grade parcels bounding the northern street line of Joseph P. Ward Street shall mean:

the at-grade parcel bounding the northern street line of Joseph P. Ward Street and shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel; and

the at-grade parcel bounding the northern line of said parcel.
In order to grant such special permit, the Commission shall find that adequate access and street frontage to one or more streets is provided; and the streetscape, site design and location of building entrances of the proposed development or enlargement will contribute to the overall improvement of pedestrian circulation within the surrounding area.
The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the character of the surrounding area.

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