PREMISES AFFECTED - 1531/41 Plimpton Avenue, Borough of The Bronx.

628-39-BZ

APPLICANT - Rothkrug, Rothkrug Weinberg & Spector, for R-9-2 Inc., owner; D2 Developers Inc., lessee.

SUBJECT - Application October 10, 2003 - reopening for an extension of term of variance which expired December 12, 2003.

PREMISES AFFECTED - 1531/41 Plimpton Avenue, northwest corner of Plimpton Avenue and Featherbed Lane, Block 2875, Lots 51 and 56, Borough of The Bronx.

COMMUNITY BOARD #5BX

APPEARANCES -

For Applicant: Adam W. Rothkrug.

ACTION OF THE BOARD - Application reopened, resolution amended and term of variance extended.

THE VOTE TO GRANT-

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

Commissioner Chin...... 5

Negative: ...... 0

THE RESOLUTION

WHEREAS, a public hearing was held on this application on January 27, 2004, after due notice by publication in The City Record, with continued hearings on March 9, 2004, and then to March 23, 2004 for decision; and

WHEREAS, the applicant requests a reopening, an extension of the term of the variance which expired on December 12, 2003, and an amendment to the resolution; and

WHEREAS, the applicant also seeks to legalize an attendant's booth on the premises, as well as provide 6 reservoir spaces as indicated on the plans submitted with the instant application; and

WHEREAS, since February 6, 1940, the Board has exercised jurisdiction over the premises under the subject calendar number, with further actions occurring since that date; and

WHEREAS, on December 2, 1958, the Board granted an application under the subject calendar number to permit the construction and maintenance of a noncommercial parking lot for more than five (5) vehicles; and

WHEREAS, the record indicates that the premises has been continuously occupied as a parking lot since 1958.

Resolved, that the Board of Standards and Appeals reopens and amends the resolution, pursuant to Zoning Resolution §11411, extends the term of the variance which expires on May 9, 2004, so that as amended this portion of the resolution shall read: "to permit the extension of the term of the variance for an additional five (5) years from December 12, 2003 expiring on December 12, 2008, and to legalize the addition of an attendant's booth, and the addition of six reservoir spaces; on condition that all work shall substantially conform to drawings as filed with this application, marked "Received February 27, 2004"(1) sheet; 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 shall be provided and maintained in accordance with BSA approved plans;

THAT lighting shall be directed down and away from any adjacent residential uses;

THAT the above conditions and all conditions from prior resolutions shall appear on the certificate of occupancy;

THAT the parking layout shall be approved by the Department of Buildings;

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 #200805888)

Adopted by the Board of Standards and Appeals, March 23, 2004.