360-01-BZ

APPLICANT – Carl. A. Sulfaro, Esq., for Kings Knapp Development Corporation, owner.

SUBJECT – Application July 1, 2008 – Extension of Time to obtain a Certificate of Occupancy/waiver for an existing gasoline service station (Mobil), in a C2-2/R-4 zoning district, which expired on December 17, 2004.

PREMISES AFFECTED – 2228 Gerritsen Avenue, southwest corner of Avenue U, Block 7370, Lot 10, Borough of Brooklyn.

COMMUNITY BOARD #15BK

APPEARANCES – None.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez...... 5

Negative:...... 0

THE RESOLUTION:

WHEREAS, this is an application for waiver of the Rules of Practice and Procedure, a reopening, and an extension of time to obtain a certificate of occupancy for a gasoline service station (Use Group 16), which expired on December 17, 2004; and

WHEREAS, a public hearing was held on this application on July 29, 2008, after due notice by publication in The City Record, with a continued hearing on August 19, 2008, and then to decision on October 28, 2008; and

WHEREAS, the premises and surrounding area had site and neighborhood examinations by Commissioner Hinkson and Commissioner Montanez; and

WHEREAS, the site is located on the southwest corner of the intersection at Avenue U and Gerritsen Avenue, in a C2-2 (R4) zoning district; and

WHEREAS, the site is currently occupied by a gasoline service station (Use Group 16) with accessory uses; and

WHEREAS, on December 17, 2002, under the subject calendar number, the Board permitted a lot area enlargement of the gasoline service station; a condition of the grant was that a new certificate of occupancy be obtained by December 17, 2004; and

WHEREAS, the applicant represents that the owner’s failure to obtain the certificate of occupancy within the stipulated time was due to construction delays beyond its control; and

WHEREAS, the applicant now seeks an extension of time to obtain a new certificate of occupancy; and

WHEREAS, the Board notes that, based on observations from a site visit, conditions on the site varied from previously approved plans; and

WHEREAS, the applicant provided revised drawings showing the existing conditions and represents that any deviations from previous plans were permitted by DOB; and

WHEREAS, the Board notes that, in order to obtain the certificate of occupancy, the applicant will be required to conform to the approved plans; and

WHEREAS, at hearing, the Board directed the applicant to conform the site conditions to the BSA-approved drawings; and

WHEREAS, the applicant submitted a revised site plan conforming to the BSA-approved drawings; and

WHEREAS, based upon its review of the record, the Board finds that a six-month extension of time to obtain a certificate of occupancy until April 28, 2009 is appropriate with certain conditions as set forth below.

Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, dated December 17, 2002, so that as amended this portion of the resolution shall read: “to grant an extension of time to obtain a certificate of occupancy to April 28, 2009; on condition:

THAT a certificate of occupancy shall be obtained by April 28, 2009;

THAT all conditions from the prior resolution not specifically waived by the Board remain in effect; 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, October 28, 2008.

A true copy of resolution adopted by the Board of Standards and Appeals, October 28, 2008.

Printed in Bulletin Nos. 41-43, Vol. 93.

Copies Sent

To Applicant

Fire Com'r.

Borough Com'r.