PREMISES AFFECTED - 32-02 Linden Place aka 135-20 32nd Avenue, Borough of Queens.

56-96-BZ

APPLICANT - The Agusta Group by Philip P. Agusta, R.A., for Yong Brothers Trading, Inc., owner; Pine Village Corp., lessee.

SUBJECT - Application November 14, 2003 - request for a waiver of the Rules of Practice and Procedure and reopening for an extension of time to obtain a Certificate of Occupancy which expired January 9, 2003.

PREMISES AFFECTED - 32-02 Linden Place aka 135-20 32nd Avenue, southwest corner of Linden Place and 32nd Avenue, Block 4950, Lot 48, Borough of Queens.

COMMUNITY BOARD #7Q

APPEARANCES - None.

ACTION OF THE BOARD - Rules of Practice and Procedure waived, application reopened and time to obtain a Certificate of Occupancy extended.

THE VOTE TO GRANT -

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Chin...... 4

Negative: ...... 0

Absent: Commissioner Miele ...... 1

THE RESOLUTION

WHEREAS, a public hearing was held on this application on January 13, 2004, after due notice by publication in The City Record, with continued hearings on March 2, 2004 and March 23, 2004, and then laid over to April 13, 2004 for decision; and

WHEREAS, the applicant has requested a waiver of the Rules of Practice and Procedure and reopening for an extension of time to obtain a Certificate of Occupancy which expired January 9, 2003; and

WHEREAS, on September 23, 1997, the Board granted an application permitting the legalization of an existing physical culture establishment located on the second floor of an existing one and two story manufacturing and office building; and

WHEREAS, on October 12, 1999, the Board extended the time to obtain a Certificate of Occupancy to October 23, 2000 and amended the resolution to permit the replacement of the previously approved hard wired smoke detector with a wireless smoke detector and the removal of the counterbalance stair and handicap lift on condition that sprinkler systems on both the first and second floor be connected to a Fire Department approved central station; and

WHEREAS, the applicant represents that delays in obtaining construction approvals necessitate the instant request for an extension of time to obtain a Certificate of Occupancy; and

WHEREAS, the Board notes that with the exception of the wireless smoke detection system, all work has been completed.

Resolved, that the Board of Standards and Appeals, waives the Rules of Practice and Procedure, and reopens the resolution, said resolution having been adopted on September 23, 1997 as amended through January 9, 2003, so that as amended this portion of the resolution shall read: "to permit an extension of the time to obtain a certificate of occupancy for a period of eighteen (18) months from the date of this resolution to expire on October 13, 2005; on condition;

THAT all conditions from prior resolutions required to be on the certificate of occupancy shall appear on the new 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; 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 #400604459)

Adopted by the Board of Standards and Appeals, April 13, 2004.