PREMISES AFFECTED - 137-21 Liberty Avenue, Borough of Queens.
780-56-BZ
APPLICANT - Vassalotti Associates Architects, LLP, for John Desiderio, owner.
SUBJECT - Application April 1, 2004 - request for a waiver of the Rules of Practice and Procedure and reopening for an extension of term of variance which expired December 1, 2002 for an additional ten (10) years for an automobile service station with accessory convenience store, located in an R4 zoning district.
PREMISES AFFECTED - 137-21 Liberty Avenue, Block10017, lots 17and 18, Borough of Queens.
COMMUNITY BOARD #12Q
APPEARANCES -
For Applicant: Hiram Rothkrug.
ACTION OF THE BOARD - Application granted on condition.
THE VOTE TO CLOSE HEARING -
Affirmative: Chair Srinivasan, Commissioner Miele, Commissioner Chin and Commissioner Caliendo...... 4
Negative:...... 0
Absent: Vice-Chair Babbar ...... 1
THE VOTE TO GRANT -
Affirmative: Chair Srinivasan, Commissioner Miele, Commissioner Chin and Commissioner Caliendo...... 4
Negative:...... 0
Absent: Vice-Chair Babbar ...... 1
THE RESOLUTION -
WHEREAS, this is an application for a waiver of the Rules of Practice and Procedure, a re-opening and an extension of the term of the variance, which expired on December 1, 2002; and
WHEREAS, a public hearing was held on this application on October 19, 2004, after due notice by publication in TheCity Record, and then to decision on November 23, 2004; and
WHEREAS, the Board has exercised jurisdiction over the subject premises since December 10, 1957, when it granted an application under the subject calendar number for the erection and maintenance of a gasoline service station, lubritorium, office, accessories, sales, auto washing and motor vehicle repair shop with curb cuts within 75 feet of a residential district; and
WHEREAS, the Board has granted subsequent extensions of the term of the variance as well as minor amendments to the resolution, most recently on September 13, 1994, when the term of the variance was extended and the resolution was amended to permit the creation of an accessory retail convenience store; and
WHEREAS, the applicant states that the lapse of the variance since December 1, 2002 is due to a series of corporate changes that have occurred since the late 1990s; and
WHEREAS, the applicant asserts that since the original grant in 1957, the service station facility and existing curb cuts have operated in a safe and efficient manner; and
Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens and amends the resolution, and extends the term of the variance which expired on December 1, 2002, so that as amended this portion of the resolution shall read: “to permit the extension of the term of the variance for an additional ten (10) years from December 1, 2002 expiring on December 1, 2012; on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received November 9, 2004”-(1) sheet; 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 the above conditions shall appear on the 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 #401636333)
Adopted by the Board of Standards and Appeals, November 23, 2004.