PREMISES AFFECTED - 11402 Van Wyck Expressway, Borough of Queens.
178-03-BZ
CEQR#03-BSA-195Q
APPLICANT - Eric Palatnik, P.C., for King Carmichael, owner; BP Products North America, lessee.
SUBJECT - Application May 23, 2003 - under Z.R. §73-211 to permit the continued use of the premises as an automotive service station, Use Group 16, also a modification to the existing signage, located in a C22 within an R32 zoning district, which is contrary to Z.R. §3235.
PREMISES AFFECTED - 11402 Van Wyck Expressway, southwest corner of Linden Boulevard, Block 11661, Lot 7, Borough of Queens.
COMMUNITY BOARD #10Q
APPEARANCES -
For Applicant: Eric Palatnik.
ACTION OF THE BOARD - Application granted on condition.
THE VOTE TO REOPEN HEARING -
Affirmative: Chairman Chin, Commissioner Caliendo and
Commissioner Miele...... 3
Negative: ...... 0
Absent: Vice-Chair Babbar ...... 1
THE VOTE TO CLOSE HEARING -
Affirmative: Chairman Chin, Commissioner Caliendo and
Commissioner Miele...... 3
Negative: ...... 0
Absent: Vice-Chair Babbar ...... 1
THE VOTE TO GRANT -
Affirmative: Chairman Chin, Commissioner Caliendo and
Commissioner Miele...... 3
Negative: ...... 0
Absent: Vice-Chair Babbar ...... 1
THE RESOLUTION
WHEREAS, the decision of the Borough Commissioner, dated May 19, 2003 acting on Application No. 401638885 reads:
“Proposed continuance of Gas Station use in C22 in R32 Zone is not in conformance with ZR Section 3235 and therefore requires a Special Permit by BSA pursuant to ZR Section 73211. In addition, application to seek changes to existing signage. Application must be referred to the Board of Standards and Appeals”; and
WHEREAS, a public hearing was held on this application on August 12, 2003 after due notice by publication in The City Record, and laid over to October 7, 2003 and then to October 28, 2003 for decision; and
WHEREAS, Community Board No. 10 in Queens recommended approval of the application; and
WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice Chair Satish Babbar R.A., Commissioner Peter Caliendo and Commissioner Joel Miele P.E.; and
WHEREAS, this is an application for a special permit pursuant to Z.R. §§73211 and 7303, on a site previously the subject of applications before the Board, to permit in a C22/R5 zoning District, the legalization of an automotive service station use, as well as approval of modifications to existing signage; and
WHEREAS, on or around May 7, 1948, under Calendar Number 51248BZ, as amended and/or extended at various times, the Board approved a variance of the use district regulations applicable at the time to allow a gasoline service station on the subject lot; and
WHEREAS, on or around October 14, 1987, under Calendar Number 84487BZ, the Board granted a special permit for construction of, and the use of the subject lot as, a selfservice gasoline station, for a term of ten (10) years; and
WHEREAS, the grant under Calendar Number 84487BZ included a Conditional Negative Declaration (the “1989 CND”), which contained various requirements to be satisfied, all related to the use of the premises as a gasoline service station; and
WHEREAS, the special permit granted under Calendar Number 84487BZ expired on December 5, 1999; and
WHEREAS, the applicant represents that the subject premises has been continuously utilized as a gasoline service station since December 5, 1999; and
WHEREAS, the record indicates that the instant application meets the requirements of Z.R. §73211(a) because the subject lot’s area is 8,917 square feet, and therefore complies with the requirement that the site contain a minimum lot area of 7,500 square feet; and
WHEREAS, Z.R. §73211(b) limits the proposed use to 15,000 square feet for sites not located on an arterial highway or major street; and
WHEREAS, the subject site is located on Bussing Avenue and East 233rd Street, which the Board finds is a major intersection; and
WHEREAS, therefore, the Board finds that Z.R. §73211(b) is not applicable to the subject application; and
WHEREAS, the Board has also determined that the entrances and exits are planned so that at maximum operation, vehicular traffic into or from the premises will cause a minimum obstruction on the streets or sidewalks; and
WHEREAS, the applicant further represents that there will be no lubrication, repair or washing of cars at the subject premises; and
WHEREAS, the applicant also proposes to install 66.25 square feet of illuminated signage; and
WHEREAS, the Board finds that the proposed signage modifications comply fully with Z.R. §73211(5)(i), which allows a total surface area of 150 square feet of illuminated signage; and
WHEREAS, the Board finds that the existing screening at the subject premises complies with Z.R. §73211(4); and
WHEREAS, the Board finds that the site is so designed as to provide reservoir space for five waiting automobiles within the zoning lot in addition to spaces available at the pumps; and
WHEREAS, the Board finds that the proposed use will not alter the essential character of the surrounding neighborhood nor will it impair the future use and development of the surrounding area; and
WHEREAS, the proposed project will not interfere with any pending public improvement project; and
WHEREAS, therefore, the Board has determined that the evidence in the record supports the findings required to be made under Z.R. §§73211 and 7303.
Resolved that the Board of Standards and Appeals issues a Negative Declaration stipulated on the conditions noted below under 6 NYCRR Part 617 of the Rules of Procedure for City Environmental Quality Review and makes the required findings to grant a special permit pursuant to Z.R. §§73211 and 7303, on a site previously before the Board, to permit in a C22/R32 zoning District, the legalization of an automotive service station use, as well as approval of modifications to existing signage, on condition that all work shall substantially conform to drawings as they apply to the objection abovenoted, filed with this application marked “Received September 26, 2003"(5) sheets ; and on further condition;
THAT within six months from the date of this grant, the applicant shall:
(1) Obtain NYC Department of Environmental Protection (“DEP”) signoff that the DEPrelated requirements contained in the 1989 CND have been satisfied or that no further action is necessary, and submit proof of same to the Board;
(2) Submit a revised letter and revised EAS to the BSA stating that there are five 4,000 gallon petroleum underground storage tanks (USTs) on the subject site;
(3) Submit an affidavit filed with New York City Fire Department regarding the removal of the twelve 550 gallon USTs;
(4) Provide a New York State Department of Environmental Conservation (“DEC”) PBS Facility Information Report that reflects the removal of the twelve 550 gallon USTs. The current DEC Form reflects the closure of six 550 gallon USTs;
(5) Conduct a second search with (“DEC”) confirming if there were or were not, any petroleum spills on the subject site;
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 landscaping be provided and maintained in accordance with BSA approved plans;
THAT there shall be no used car sales on the premises;
THAT there shall be no parking of cars on the sidewalk at any time;
THAT the term of this special permit shall be limited to six (6) months from the date of this grant, expiring April 28, 2004, at which time a new application must be submitted;
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 approved plans shall be considered approved only for the portions related to the specific relief granted; 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, 2003.