APPLICANT David L. Businelli, for Joseph Montalbano, Owner

673-81-BZ

APPLICANT – David L. Businelli, for Joseph Montalbano, owner.

SUBJECT – Application August 20, 2007 – Extension of Term of variance granted pursuant to §72-21permiting, in an R3-2 zoning district, the erection of a one story and cellar retail store and office building with accessory parking in the open area. The application was previously approved for a 15 year term which expired on January 5, 1997.

PREMISES AFFECTED – 2075 Richmond Avenue, East side of Richmond Avenue 461.94' N. feet from corner of Rockland Avenue, Block 2015, Lot 28, Borough of Staten Island.

COMMUNITY BOARD #2SI

APPEARANCES –

For Applicant: David L. Businelli.

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 a waiver, a re-opening, and an extension of term that expired on January 5, 1997; and

WHEREAS, a public hearing was held on this application on December 11, 2007, after due notice by publication in The City Record, with a continued hearing on January 29, 2008, and then to decision on February 12, 2008; and

WHEREAS, the site and surrounding area had a site and neighborhood examination by Chair Srinivasan; and

WHEREAS, Community Board 2, Staten Island, recommends approval of this application; and

WHEREAS, the subject premises is located on the east side of Richmond Avenue, approximately 462 feet from Rockland Avenue; and

WHEREAS, on January 5, 1982, under the subject calendar number, the Board granted a variance application pursuant to ZR § 72-21, to permit, within an R3-2 zoning district, the construction of a one-story commercial building with accessory parking for a term of 15 years; and

WHEREAS, at hearing, the Board asked the applicant if all signage complies with C1 zoning district regulations; and

WHEREAS, in response, the applicant provided a revised zoning analysis, which reflects that the exterior sign does not comply with C1 zoning district regulations; and

WHEREAS, however, the applicant represents that the subject sign, with a total surface area of 97 sq. ft. (50 sq. ft. is the maximum permitted) has existed for the history of the development of the site; and

WHEREAS, the applicant agreed to remove the non-complying signage in the windows; and

WHEREAS, a site visit by the Board confirmed that the window signage had been removed; and

WHEREAS, based on the above, the Board finds that a 15-year term is appropriate, with the conditions set forth below.

Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens, and amends the resolution, dated January 5, 1982, so that as amended this portion of the resolution shall read: “to grant an extension of the term of the variance for a term of 15 years; on condition that any and all work shall substantially conform to drawings filed with this application marked ‘Received October 30, 2007’-(3) sheets; and on further condition:

THAT this grant shall be limited to a term of 15 years from February 12, 2008, expiring February 12, 2023;

THAT the above condition, and all conditions on the current Certificate of Occupancy, shall appear on the new Certificate of Occupancy;

THAT all conditions from prior resolutions not specifically waived by the Board remain in effect;

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; 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.”

(DOB Application No. 500867494)

Adopted by the Board of Standards and Appeals, February 12, 2008.

A true copy of resolution adopted by the Board of Standards and Appeals, February 12, 2008.

Printed in Bulletin No. 7, Vol. 93.

Copies Sent

To Applicant