PREMISES AFFECTED - 87-19 Rockaway Boulevard, a/k/a 97-18/58 88th Street, Borough of Queens.

844-57-BZ

APPLICANT - Carl A. Sulfaro, Esq., for Ozone Auto Service, Inc., owner.

SUBJECT - Application January 13, 2004 - request for a waiver of the Rules of Practice and Procedure and reopening for an extension of term of variance which expired October 9, 2003.

PREMISES AFFECTED - 87-19 Rockaway Boulevard, a/k/a 97-18/58 88th Street, northwest corner of Rockaway Boulevard and 88th Street, Block 9060, Lot 25, Borough of Queens.

COMMUNITY BOARD #9Q

APPEARANCES - None.

ACTION OF THE BOARD - Rules of Practice and Procedure waived, application re-opened and term of the variance extended.

THE VOTE TO GRANT-

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Caliendo, Commissioner Chin and Commissioner Miele...... 5

Negative:...... 0

THE RESOLUTION -

WHEREAS, a public hearing was held on this application on April 20, 2004, after due notice by publication in The City Record, and then to May 11, 2004 for decision; and

WHEREAS, the applicant has requested a waiver of the Rules of Practice and Procedure, a re-opening and an extension of the term of the variance, which expired on October 9, 2003; and

WHEREAS, on April 15, 1958, the Board granted a variance to permit, in a business use district, the erection and maintenance of a gasoline service station with accessory uses, the term of which was subsequently extended on October 9, 1973, March 20, 1984 and, most recently, February 7, 1995; and

WHEREAS, the resolution was also amended on March 20, 1984 to permit the use of an oxy-acetylene torch on the premises, for incidental work only, on auto exhaust systems; said torch when not used is to be stored in a closed tank room with the shutter closed; and

WHEREAS, the applicant represents that the subject site has been maintained in accordance with all Board conditions, and that there have been no new non-compliances since the last Board action.

Resolved, that the Board of Standards and Appeals, reopens and extends the term of the variance, said resolution having been adopted April 15, 1958, 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 (10) years from the October 9, 2003 to expire on October 9, 2013, on condition that the premises shall be maintained in substantial compliance with the proposed drawings submitted with the application marked “Received January 9, 2004”-(1) sheet; and that other than as herein amended the resolution above cited shall be complied with in all respects; and on further condition;

THAT the conditions from all prior BSA resolutions for this site shall remain in effect;

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 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 Application # 401762008)

Adopted by the Board of Standards and Appeals, May 11, 2004.