APPLICANT Sheldon Lobel, P.C., for Sarlanis Enterprises, LLC, Owner; Amerada Hess Corporation

405-71-BZ

APPLICANT – Sheldon Lobel, P.C., for Sarlanis Enterprises, LLC, owner; Amerada Hess Corporation, lessee.

SUBJECT – Application April 21, 2006 – Pursuant to ZR §73-11 for the proposed redevelopment of an existing automotive service station (Shell Station) with accessory uses (UG16) to a Gasoline Service Station (Hess) with an accessory convenience store (UG16).

PREMISES AFFECTED – 3355 East Tremont Avenue, eastern side of East Tremont Avenue at the intersection with Baisley Avenue, Block 5311, Lot 7, Borough of The Bronx.

COMMUNITY BOARD #10BX

APPEARANCES –

For Applicant: Josh Rinesmith.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice-Chair Babbar, and Commissioner Collins...... 3

Negative:...... 0

THE RESOLUTION –

WHEREAS, this is an application for a reopening and an amendment to make modifications to an existing gasoline service station, including the construction of an accessory convenience store; and

WHEREAS, a public hearing was held on this application on July 18, 2006, after due notice by publication in the City Record, with continued hearings on August 22, 2006, and then to decision on September 12, 2006; and

WHEREAS, Community Board 10, Bronx, recommends approval of this application; and

WHEREAS, the premises is located on the east side of East Tremont Avenue at the intersection of Baisley Avenue, and is within C2-2/R4-A and R4A zoning districts; and

WHEREAS, the site has approximately 22,650 sq. ft. of lot area; and

WHEREAS, on December 14, 1971, under the subject calendar number, the Board granted a special permit, pursuant to ZR §§ 73-211, 73-212, and 73-52, to permit the construction of an automotive service station with accessory uses extending into the R4A district; and WHEREAS, subsequently, the grant was amended, at various times, most recently on March 17, 1987, to permit several site modifications; and

WHEREAS, the site is now occupied with a gasoline service station which includes a 2,167 sq. ft. building at the rear of the lot with an accessory sales area, an attendant’s office, and storage; the building also has three automotive service bays which are used for minor automotive repairs and as a lubritorium; and

WHEREAS, approximately one-third of the existing building extends into the R4A district; and

WHEREAS, the applicant now seeks to amend the previously approved plans to permit the replacement of the automotive service building with an accessory convenience store, the reconfiguration of the site, and to add a pump for diesel fuel; and

WHEREAS, specifically, the applicant proposes to replace the existing building with a 2,478 sq. ft. accessory convenience store, with approximately one-half of the new building located in the R4A zoning district; and

WHEREAS, the applicant proposes to install a six-foot tall opaque fence along the rear lot line abutting the adjacent residential properties; and

WHEREAS, additionally, the applicant proposes to plant trees along the fence to provide a buffer between the service station and the residences; and

WHEREAS, at hearing, the Board asked the applicant if the convenience store or the proposed diesel fuel pump would increase the traffic at the site; and

WHEREAS, the applicant responded that gas stations and accessory convenience stores are not end destinations, and serve vehicles already in the existing traffic flow; thus, there will not be an increase in traffic on the surrounding roadways; and

WHEREAS, further, the applicant submitted an analysis from a traffic consultant which stated that traffic would not be increased as a result of the accessory convenience store and the diesel fuel pump; and

WHEREAS, the Board finds that the traffic analysis satisfactorily addresses its concerns about potential traffic impacts; and

WHEREAS, based upon the above, the Board has determined that the evidence in the record supports the finding that the proposed amendments are appropriate, with the conditions listed below.

Therefore it is Resolvedthat the Board of Standards and Appeals waives the Rules of Practice and Procedure, and reopens and amends the resolution, dated December 14, 1971, so that as amended this portion of the resolution shall read: “to grant an amendment to permit the proposed site modifications and construction of an accessory convenience store on condition that the use and operation of the gasoline service station shall substantially conform to BSA-approved plans marked “Received August 8, 2006”–(6) sheets; and on further condition:

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

THAT the fence around the perimeter of the site shall be 100 percent opaque;

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. 201042139)

Adopted by the Board of Standards andAppeals, September 12, 2006.

A true copy of resolution adopted by the Board of Standards and Appeals, September 12, 2006.

Printed in Bulletin Nos. 35-36, Vol. 91.

Copies Sent

To Applicant