PREMISES AFFECTED - 5916/30 Foster Avenue, Borough of Brooklyn.

833-52-BZ, Vol. III

APPLICANT - Walter T. Gorman, P.E., for Zohar, LLC, owner; Benchai Ventures, Inc., lessee.

SUBJECT - Application April 19, 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 - 5916/30 Foster Avenue, southwest corner of Ralph Avenue, Block 7955, Lot 6, Borough of Brooklyn.

COMMUNITY BOARD #18BK

APPEARANCES -

For Applicant: John Ronan.

ACTION OF THE BOARD - Rules of Practice and Procedure waived, application reopened for an extension of term of the variance 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 has requested a waiver of the Rules of Practice and Procedure, a reopening for an amendment to the resolution and for an extension of the term of the variance which expired on January 15, 2002; and

WHEREAS, a public hearing was held on this application July 23, 2002, after due notice by publication in The City Record, laid over to September 10, 2002 and then to September 24, 2002 for decision; and

WHEREAS, the applicant seeks to extend the term of the variance permitting a gasoline service station for an additional ten years; and

WHEREAS, the applicant also seeks to amend the resolution to permit the erection of a new canopy.

Resolved, that the Board of Standards and Appeals hereby waives the Rules of Practice and Procedure and reopens and amends the resolution pursuant to Z.R.§11411, said resolution having been adopted on May 12, 1953, as amended through May 18, 1993, so that as amended this portion of the resolution shall read:

“To permit the erection of a new canopy, and to extend the term of the variance for ten years from January 15, 2002 expiring January 15, 2012; on condition;

THAT the premises shall be maintained in substantial compliance with Board approved plans marked “Received April 19, 2002"(5) sheets; and on further condition;

THAT there shall be no sale of automobiles on the premises at any time;

THAT there shall be no parking on the sidewalk;

THAT the premises shall be maintained graffitifree at all times;

THAT all signage shall comply to C1 Zoning District regulations;

THAT the above conditions shall appear in 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."

(DOB. Nos. 301317420 and 301317439)

Adopted by the Board of Standards and Appeals, September 24, 2002.