177-06-BZ APPLICANT– Sheldon Lobel, P.C., for 1840 EMAB LLC, owner. SUBJECT – Application August 16, 2006 – Special permit (§§11-411, 11-413). On a lot consisting of 9,700 SF, in a C2-2 in R3A district, permission sought to legalize auto repair and sale of used cars (UG 16). The existing and proposed FAR is .14 for the one-story commercial building. DOB Objection: Section 32- 25: Auto repair and auto sales (UG16) not permitted in C2-2 district. PREMISES AFFECTED – 1840 Richmond Terrace, Clove Road and Bodine Street, Block 201, Lot 32, Borough of Staten Island. COMMUNITY BOARD #1SI APPEARANCES – For Applicant: Irving Minkin. 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, the decision of the Staten Island Borough Commissioner, dated August 9, 2006, acting on Department of Buildings Application No. 500792975, reads in pertinent part: “Proposed use of the premises for an automotive repair shop and sale of used cars, uses in Use Group 16, are not permitted as-of-right in a C2-2 district and are contrary to Section 32-25 Zoning Resolution and therefore referred to Board of Standards and Appeals.”; and WHEREAS, this is an application for a reinstatement of a prior Board approval, pursuant to ZR § 11-411, and a legalization of a change in use to an automotive repair shop with the sale of used cars, pursuant to ZR § 11-413; and WHEREAS, a public hearing was held on this application on January 23, 2007, after due notice by publication in the City Record, with a continued hearing on March 6, 2007, and then to decision on April 10, 2007; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chair Srinivasan; and WHEREAS, Community Board 1, Staten Island, recommends disapproval of this application; and WHEREAS, the Staten Island Borough President James P. Molinaro recommends disapproval of this application, citing concerns that the site is not operated in compliance with the prior grants; and WHEREAS, the North Shore Waterfront Conservancy of Staten Island provided testimony in opposition to this application, citing environmental concerns; and WHEREAS, the premises is located on the southeast corner of Richmond Terrace and Clove Road, and is within a C2-2 (R3-2) zoning district; and WHEREAS, the subject zoning lot has a total lot area of approximately 9,700 sq. ft.; and WHEREAS, the site is currently occupied by a 1,347.78 sq. ft. automotive repair shop and used car sales area, with accessory parking for vehicles awaiting service; and WHEREAS, on April 9, 1957, under BSA Cal. No. 51-56-BZ, the Board granted a variance to permit the reconstruction of a gasoline service station with accessory uses at the site for a term of 15 years; and WHEREAS, subsequently, the grant was amended to permit the addition of an advertising sign and to permit a ten-year extension of term, to expire on March 13, 1983; and WHEREAS, on September 5, 1989, under BSA Cal. No. 80-88-BZ, the Board granted a special permit pursuant to ZR § 73-211 to allow the legalization of an automotive service station for a period of ten years; and WHEREAS, on March 18, 2003, under BSA Cal. No. 322-02-BZ, the Board granted a special permit, pursuant to ZR § 73-211, to permit the re-establishment of the expired variance allowing the automotive service station use and certain site modifications, to expire on March 18, 2013; and WHEREAS, the applicant now seeks to reinstate the original variance, granted under BSA Cal. No. 51- 56-BZ, and to change the use permitted under the variance from a gasoline service station to an automotive repair shop with the sale of used cars for a term of ten years; and WHEREAS, pursuant to ZR § 11-411, the Board may extend the term of an expired variance; and WHEREAS, the applicant represents that there has been no enlargement to the zoning lot or the building; and WHEREAS, the applicant also proposes to legalize a change in the use at the site from gasoline service station to automotive repair station with the sale of used cars; and WHEREAS, pursuant to ZR § 11-413, the Board may grant a request for a change in use; and WHEREAS, the Board notes that the change in use, from the gasoline service station permitted under the original variance to an automotive repair shop including the sale of used cars is permitted pursuant to ZR § 11- 413; and WHEREAS, initially, the applicant proposed a parking layout with accessory parking abutting the area used for the display of cars; and WHEREAS, at hearing, the Board expressed concern that the site could not accommodate the requested number of cars at the site and directed the applicant to review the parking layout to improve traffic circulation; and WHEREAS, the applicant submitted a revised site plan, which limited the accessory parking to the southern side of the site away from the display area for nine used cars for sale; and WHEREAS, further, the applicant states that an employee of the car sales business would park and move the cars for sale; and WHEREAS, the Board agreed that the revised parking layout and the removal of two curb cuts near the intersection of Clove Road and Richmond Terrace would improve the traffic circulation; and WHEREAS, the applicant also agreed to plant and maintain landscaping in front of the car display and along the south and east lot lines to provide screening from adjacent residential uses; and WHEREAS, the revised site plan also provides for chain link fencing of a height of 8’-0” to be installed and maintained in front of the car display area; and WHEREAS, as to signage, the Board asked the applicant to ensure that all signs at the site comply with zoning district regulations; and WHEREAS, while the Board notes that the Community Board and the Borough President do not approve of the proposed use of the site, the Board finds that such use is compatible with existing land uses in the area; and WHEREAS, specifically, the Board notes the following conditions: (1) the site is within a C2-2 overlay, (2) there is a C8-2 zoning district across Clove Road, which permits a variety of commercial uses including automotive repair, (3) there is an M1-1 zoning district across Richmond Terrace where a sanitation plant is located, and (4) the noted landscaping and fencing provide screening from the adjacent residential uses; and WHEREAS, accordingly, the Board has determined that evidence in the record supports the findings required to be made under ZR §§ 11-411 and 11-413; and Therefore it is Resolved, that the Board of Standards and Appeals issues a Type II determination under 6 N.Y.C.R.R. Part 617.5 and 617.3 and §§ 5-02(a), 5-02(b)(2) and 6-15 of the Rules of Procedure for City Environmental Quality Review under ZR §§ 11-411 and 11-413, for a reinstatement of a prior Board approval and a legalization of a change in use to an automotive repair shop with the sale of used cars; on condition that any and all use shall substantially conform to drawings as they apply to the objection above noted, filed with this application marked “Received February 21, 2007”-(4) sheets; and on further condition: THAT this grant shall be for a term of ten years, to expire on April 10, 2017; THAT landscaping and fencing shall be installed and maintained as per the BSA-approved plans; THAT the number of used cars for sale on display at the site shall be limited to nine; THAT all exterior lighting shall be directed away from adjacent residential uses; THAT the above conditions shall be listed on the certificate of occupancy; THAT all conditions from prior resolutions not specifically waived by the Board remain in effect; THAT all signage shall comply with zoning district regulations; 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)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, April 10, 2007.