PREMISES AFFECTED - 16011 Willets Point Boulevard, Borough of Queens.
245-03-BZ
CEQR # 04-BSA-015Q
APPLICANT - Joseph P. Morsellino, Esq., for Joshua Muss c/o Allied Enterprises, owner; Franchise Realty Interstate, lessee.
SUBJECT - Application July 22, 2003 - under Z.R. §72-243 to permit in a C1-2 zoning district, the proposed accessory drive-thru facility for an eating and drinking establishment contrary to Z.R. §32-41.
PREMISES AFFECTED - 16011 Willets Point Boulevard, northeast corner of Francis Lewis Boulevard, Block 4758, Lot 100, Borough of Queens.
COMMUNITY BOARD #7Q
APPEARANCES -
For Applicant: Joseph Morsellino.
ACTION OF THE BOARD - Application granted on condition.
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 June 25, 2003, acting on Alteration Type I Application No. 401574060 reads:
“Refer application to the Board of Standards and Appeals as an accessary(sic) drive through facility in a C1-2 zoning district is contrary to ZR 32-41.”; and
WHEREAS, a public hearing was held on this application on November 5, 2003, after due notice by publication in The City Record, and laid over to December 9, 2003 for decision; 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, Commissioner Peter Caliendo and Commissioner Joel Miele; and
WHEREAS, this is an application for a special permit under Z.R. §§73-243 and 73-03, on a site previously before the Board, to permit, in a C1-2 zoning district, the proposed accessory drive-thru facility for an eating and drinking establishment contrary to Z.R. §32-41; and
WHEREAS, on August 14, 1990, under Calendar Number 268-89-BZ, the Board denied an application for a special permit pursuant to Z.R. §73-243; and
WHEREAS, the Board found that the 268-89-BZ application failed to make the findings of Z.R. §73-243, because the proposal, with both its entrance and exit on Francis Lewis Boulevard, would interfere with the traffic flow in the immediate vicinity; and
WHEREAS, the record of the prior application demonstrated that the additional parking, loading and refuse storage area of Willets Point Boulevard would be too congested with insufficient space to maneuver within the site; and
WHEREAS, on May 6, 2003, the Board found that the applicant had submitted substantial new evidence that was not available at the time of the initial hearing demonstrating a material change in circumstance and granted a rehearing; and
WHEREAS, under Z.R. §73-243, the application must demonstrate that the drive-through facility provides reservoir space for not less than ten automobiles, causes minimum interference with traffic flow in the immediate vicinity, that the eating and drinking establishment with accessory drive-thru facility complies with accessory off-street parking regulations, that the character of the commercially-zoned street frontage within 500 feet of the subject premises reflects substantial orientation toward motor vehicles, that the drive-thru facility will not have an undue adverse impact on any residences in the immediate area, and that there is adequate buffering between the drive-thru facility and adjacent residential uses; and
WHEREAS, Francis Lewis Boulevard and Willets Point Boulevard are both heavily trafficked, commercially oriented main thoroughfares; and
WHEREAS, the instant proposal contains reservoir space for up to ten (10) automobiles, and the proposed layout ensures that the drive-thru facility will cause minimum interference with traffic flow in the immediate vicinity, and provides for eleven (15) off-street accessory parking spaces, exceeding the 8 required under applicable accessory off-street parking regulations; and
WHEREAS, the record indicates that within 500 feet of the premises the existing frontages are commercial in nature; and
WHEREAS, the applicant represents that fencing and screening will be installed in the rear of the site to further minimize adverse impacts on any nearby residences; and
WHEREAS, the Board finds that the proposed application 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, the Board has determined that the evidence in the record supports the findings required to be made under Z.R. §§73-243 and 73-03; and
WHEREAS, the Board has conducted an environmental review of the proposed action and the Final Environmental Assessment Statement and has carefully considered all relevant areas of environmental concern; and
WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement.
Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §§73-03 and 73-243, on a site previously before the Board, to permit, in a C1-2 zoning district, the proposed accessory drive-thru facility for an eating and drinking establishment contrary to Z.R. §32-41, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received July 22, 2003”-(3) sheets and “December 9, 2003”-(1) sheet; and on further condition;
THAT the term of this special permit shall be limited to five (5) years from the date of this grant, to expire on December 9, 2008;
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 substantial construction shall be completed in accordance with Z.R. §73-70;
THAT this approval is limited to the relief granted by the Board in response to the specifically cited and filed Department of Building objection only;
THAT the approved plans shall be considered approved only for the portions related to the specific relief granted;
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; and
THAT the above conditions shall be noted in the Certificate of Occupancy.
Adopted by the Board of Standards and Appeals, December 9, 2003.