PREMISES AFFECTED - 1866-90 Westchester Avenue, Borough of the Bronx

PREMISES AFFECTED - 1866-90 Westchester Avenue, Borough of The Bronx.

838-55-BZ

APPLICANT - Catapano Engineering, P.C., for 1866 Westchester Avenue Corp., owner.

SUBJECT - Application May 2, 2002 - request for a waiver of the Rules of Practice and Procedure, reopening for an extension of term of variance which expired January 15, 2002 and for an amendment to the resolution.

PREMISES AFFECTED - 1866-90 Westchester Avenue, southeast corner of White Plains Road, Block 3767, Lot 53, Borough of The Bronx.

COMMUNITY BOARD #9BX

APPEARANCES -

For Applicant: Michelle Spallino.

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, Vice-Chair Babbar Commissioner Korbey, Commissioner Caliendo and

Commissioner Miele...... 5

Negative: ...... 0

THE RESOLUTION

WHEREAS, the applicant requested a Waiver of the Rules of Practice and Procedure, a reopening, an extension of the term of the variance which expired on January 15, 2002; and

WHEREAS, a public hearing was held on this application on September 24, 2002, after due notice by publication in The City Record, and laid over to November 19, 2002, December 17, 2002, January 28, 2003, and then to February 11, 2003 for decision; and

WHEREAS, on January 15, 1957, the Board granted an application permitting a gasoline service station with accessory uses.

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 15, 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 years from the January 15, 2002 to expire on January 15, 2012, on condition;

THAT the premises shall be maintained in substantial compliance with the proposed drawing submitted with the application marked ‘Received January 14, 2003'(1) sheet; and that other than herein amended the resolution above cited shall be complied with in all respects; 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 hours of operation for any automobile vacuums shall be limited to 9:00 AM to 7:00 PM:

THAT there shall be no coinoperated car washes on the premises;

THAT there shall be no used car sales on the premises;

THAT the above conditions and all conditions from prior resolutions 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# 200718054)

Adopted by the Board of Standards and Appeals, February 11, 2003.