286-79-BZ

APPLICANT – Walter T. Gorman, P.E., for Amerada Hess Corp., owner.

SUBJECT – Application April 13, 2006 – Proposed Extension of Term for an automobile service station located in a C1-2/R2 zoning district. The application also seeks to waive the Board's rules of practice and procedure and extend the term of the special permit for a period of ten (10) years which expired on June 19, 2004 and extend it to June 19, 2014.

PREMISES AFFECTED – 219-28 to 219-38 Hillside Avenue, southeast corner of Springfield Boulevard, Block 10680, Lot 1, Borough of Queens.

COMMUNITY BOARD #1Q

APPEARANCES –

For Applicant: John Ronan.

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 waiver of the Rules of Practice and Procedure and an extension of the term for a previously granted special permit for an gasoline service station, which expired on June 19, 2004; and

WHEREAS, a public hearing was held on this application on July 7, 2006, after due notice by publication in The City Record, and then to decision on August 8, 2006; and

WHEREAS, Community Board 13, Queens, and the Queens Borough President recommended approval of this application; and

WHEREAS, the premises is located on the southeast corner of Hillside Avenue and Springfield Boulevard; and

WHEREAS, the site is located within a C1-2 (R2) zoning district and is improved upon with a gasoline service station; and

WHEREAS, the Board has exercised jurisdiction over the subject site since June 19, 1979 when, under the subject calendar number, the Board granted an application for a gasoline service station; and

WHEREAS, subsequently, the Board extended the term of the special permit, most recently on April 15, 1997 for a period of ten years from the expiration of the prior grant (June 19, 1994); and

WHEREAS, the applicant now seeks an extension of term for ten years; and

WHEREAS, at hearing, the Board asked for confirmation that a certificate of occupancy (CO) based on the last extension was obtained; and

WHEREAS, in response, the applicant conceded that no CO was obtained; and

WHEREAS, as indicated below, a CO must be obtained within 18 months of this grant; and

WHEREAS, accordingly, based upon the submitted evidence, the Board finds the requested extension of term appropriate, with certain conditions as set forth below.

Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure and reopens and amends the resolution, as adopted on June 19, 1979, as subsequently extended, so that as amended this portion of the resolution shall read: “to extend the term for ten years from June 19, 2004, to expire on June 19, 2014, on condition that the use shall substantially conform to drawings as filed with this application, marked ‘April 13, 2006’–(5) sheets; and on further condition:

THAT the term of this grant shall be for ten years, to expire on June 19, 2014;

THAT the above condition shall be listed on the certificate of occupancy;

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

THAT a new certificate of occupancy shall be obtained by February 8, 2008;

THAT DOB shall review and approve the layout of the onsite parking;

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)/configuration(s) not related to the relief granted.”

(DOB Application No. 402308668)

Adopted by the Board of Standards and Appeals, August 8, 2006.