PREMISES AFFECTED - 1135 East 222nd Street, Borough of The Bronx.

319-53-BZ

APPLICANT - Kenneth H. Koons, for Stanley & Roland Weisserberger, owners.

SUBJECT - Application December 30, 2002 - request for a waiver of the Rules of Practice and Procedure, reopening for an extension of term of variance and for an amendment to the resolution.

PREMISES AFFECTED - 1135 East 222nd Street, a/k/a 3651 Eastchester Road, northwest corner of Eastchester Road, Block 4900, Lot 2, Borough of The Bronx.

COMMUNITY BOARD #12BX

APPEARANCES -

For Applicant: Kenneth H. Koons.

ACTION OF THE BOARD - Rules of Practice and Procedure waived, application reopened, term of variance extended, and resolution amended.

THE VOTE TO GRANT -

Affirmative: Chairman Chin, Commissioner Caliendo and Commissioner Miele...... 3

Negative:...... 0

Absent: Vice-Chair Babbar...... 1

THE RESOLUTION-

WHEREAS, the applicant requested a waiver of the Rules of Practice and Procedure, a re-opening, an extension of the term of the variance which expired on January 31, 2001 and an amendment to the resolution; and

WHEREAS, a public hearing was held on this application on March 25, 2003, after due notice by publication in TheCity Record, and laid over to April 29, 2003 for decision; and

WHEREAS, on January 31, 1961, the Board granted an application permitting the erection and maintenance of a gasoline service station, lubritorium, minor auto repairs with hand tools only, car washing, non-automatic, office and parking and storage of more than five (5) motor vehicles; and

WHEREAS, the applicant seeks to amend the resolution to permit the change of use from an automotive service station (UG 16B) to an automotive repair shop with no body repairs (UG 16B).

Resolved, that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens and amends the resolution to extend the term of the variance which expired on January 31, 2001, so that as amended this portion of the resolution shall read:

“to extend the term of the variance for an additional ten (10) years from January 31, 2001, to expire on January 31, 2011, and to permit the change of use from an automotive service station (UG 16B) to an automotive repair shop with no body repairs (UG 16B), on condition

THAT all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received April 3, 2003”-(2) sheets; and on further condition;

THAT the premises shall be maintained free of debris and graffiti;

THAT any graffiti located on the premises shall be removed within 48 hours;

THAT there shall be no automotive body repair on the premises;

THAT the hours of operation shall be limited to Monday to Friday, 8:00 A.M.- 6:00 P.M. and Saturday 8:00 A.M.-1:00 P.M.;

THAT the above conditions shall appear on the certificate of occupancy;

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;

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 # 200767679)

Adopted by the Board of Standards and Appeals, April 29, 2003.