PREMISES AFFECTED - 836 East 233rd Street, Borough of The Bronx.

189-03-BZ

CEQR #03-BSA-204X

APPLICANT - Eric Palatnik, P.C., for 830 East 233rd Street Corp, owner; BP Products North America, lessee.

SUBJECT - Application June 6, 2003 - under Z.R. §73-211 to permit in a C2-2/R5 zoning District, the legalization of an enlargement of the zoning lot housing an existing automotive service station.

PREMISES AFFECTED - 836 East 233rd Street, northwest corner of Bussing Avenue, Block 4857, Lots 44 and 41, Borough of The Bronx.

COMMUNITY BOARD #12BX

APPEARANCES -

For Applicant: Eric Palatnik.

ACTION OF THE BOARD - Application granted on condition.

THE VOTE TO CLOSE HEARING -

Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele..4

Negative: ...... 0

THE VOTE TO GRANT -

Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele...4

Negative: ...... 0

THE RESOLUTION -

WHEREAS, the decision of the Borough Commissioner, dated May 19, 2003 acting on Application No. 200788870 reads:

“Proposed continuance of Gas Station use in C2-2 in R-5 Zone is not in conformance with ZR Section 32-35 and therefore requires a Special Permit by BSA pursuant to ZR Section 73-211. In addition, application to seek changes to existing signage and enlargement of zoning lot to encompass lots 44 & 41. Application must be referred to the Board of Standards and Appeals”; and

WHEREAS, a public hearing was held on this application on September 9, 2003 after due notice by publication in The City Record, and laid over to September 30, 2003, and then to October 21, 2003 for decision; and

WHEREAS, Community Board No. 12 in the Bronx 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., and Commissioner Peter Caliendo and Commissioner Joel Miele P.E.; and

WHEREAS, this is an application for a special permit pursuant to Z.R. §§73-211 and 73-03, on a site previously the subject of applications before the Board, to permit in a C2-2/R5 zoning District, the continuance of an automotive service station use, as well as an enlargement of the zoning lot upon which the existing automotive service station is situated; and

WHEREAS, on November 6, 1958 under Calendar Number 292-58-BZ, as amended through June 27, 1995, the Board approved an automotive service station on lot 44, and the instant application seeks to legalize the enlargement of the zoning lot to encompass lot 41 and the improvements thereon; and

WHEREAS, lot 41 is approximately 25' by 170', located on the south side of the premises, contains parking, and is screened from adjacent residential uses by a 3 foot, 9 inch masonry wall supporting a 4 foot high chain link fence with privacy slats; and

WHEREAS, the record indicates that the instant application meets the requirements of Z.R. §§73-211(a) because at 14,860 square feet, it complies with the requirement that the site contain a minimum lot area of 7,500 square feet; and

WHEREAS, Z.R. §73-211(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. §73-211(b) though applicable is not violated by 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 also proposes to install 73.10 square feet of illuminated signage and 38.6 square feet of non-illuminated signage and Z.R. §§32-643 and 32-642 allow 100 square feet and 300 square feet, respectively; 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. §§73-211 and 73-03.

Resolved that the Board of Standards and Appeals issues a Negative Declaration 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. §§73-211 and 73-03, on a site previously before the Board, to permit in a C2-2/R5 zoning District, the legalization of an enlargement of the zoning lot housing an existing automotive service station, on condition that all work shall substantially conform to drawings as they apply to the objection above-noted, filed with this application marked “Received October 10, 2003”-(5) sheets; 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 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 any automobile vacuums shall only be operated between the hours of 9:00 A.M.- 7:00 P.M.;

THAT the term of this special permit shall be limited to ten (10) years from the date of this grant, expiring October 21, 2013;

THAT construction shall be completed in accordance with Z.R. §73-70;

THAT the above conditions shall appear on the Certificate of Occupancy;

THAT a new Certificate of Occupancy shall be obtained within 2 years of this grant;

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 21, 2003.