1038-80-BZ

APPLICANT – Davidoff & Malito & Hutcher, LLP, for Feinrose Downing LLC, owner; Expressway Arcade Corp., lessee.

SUBJECT – Application February 6, 2007 – Extension of Term of a Special Permit for an amusement arcade (UG15 in an M2-1 zoning district.

PREMISES AFFECTED – 31-07/09 11 Downing Street, Whitestone Expressway, Block 4327, Lot 1, Borough of Queens.

COMMUNITY BOARD #7Q

APPEARANCES – None.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson...... 4

Negative:...... 0

THE RESOLUTION:

WHEREAS, this is an application for a reopening and an extension of the term of the special permit, which expired on January 6, 2007; and

WHEREAS, a public hearing was held on this application on February 27, after due notice by publication in The City Record, and then to decision on March 20, 2007; and

WHEREAS, Community Board 7, Queens, recommends approval of this application; and

WHEREAS, on January 6, 1981, the Board granted a special permit for the operation of an amusement arcade on the subject premises; and

WHEREAS, on May 13, 1986, the special permit was amended to increase the number of amusement arcade games from 112 to 130; and

WHEREAS, based upon its review of the record, the Board finds that the requested extension of term is appropriate with certain conditions as set forth below.

Therefore it is Resolved that the Board of Standards and Appeals, reopens and amends the resolution, said resolution having been adopted on January 6, 1981, so that, as amended, this portion of the resolution shall read: “to permit the extension of the term of the special permit for an additional one (1) year from January 6, 2007 expiring on January 6, 2008; on condition that all conditions and drawings associated with the previous grant remain in effect; and on further condition:

THAT the term of this grant shall expire on January 6, 2008;

THAT the above condition 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 Alt. No. 435/81)

Adopted by the Board of Standards and Appeals, March 20, 2007.