2017-187-BZ CEQR #17-BSA-130X APPLICANT – John M. Marmora, Esq. c/o K & L Gates LLP, for 3680 Tremont Realty, owner; McDonald’s USA, LLC, lessee. SUBJECT – Application May 22, 2017 – Special Permit (§73-243) to allow for an eating and drinking establishment (UG 6) (McDonald's) with an accessory drive-through facility contrary to ZR §32-15. C1-2/R4- 1 zoning district. PREMISES AFFECTED – 3660 East Tremont Avenue, Block 5543, Lot 86, Borough of Bronx. COMMUNITY BOARD #10BX Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta and Commissioner Scibetta………………….……….5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Bronx Borough Commissioner, dated November 15, 2017, acting on Department of Buildings (“DOB”) Application No. 220575161, reads: Special Use Permit pursuant to Z.R. Sections 73-243 and 32-31 to permit an eating and drinking establishment with accessory drive through in C1-2 (in R4-1) Zoning District and proposed use is contrary to ZR 32-15; and WHEREAS, this is an application under ZR §§ 73-243 and 73-03, to permit, on a site located within an R4-1 (C1-2) zoning district, a Use Group (“UG”) 6 eating or drinking establishment contrary to ZR § 32- 15; and WHEREAS, a public hearing was held on this application on March 20, 2018, after due notice by publication in The City Record, with continued hearing on May 22, 2018, and then to decision on June 5, 2018; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the subject site and neighborhood; and WHEREAS, Community Board 10, the Bronx, recommends approval of this application; and WHEREAS, by separate letter, Community Board 10 states that it is supportive of this application and is anxious for the proposed redevelopment of the subject site because it will help alleviate traffic congestion in the area; and WHEREAS, the Board notes that the subject proposal was the result of a substantial amount of outreach to Community Board 10, that, at the request of the Board, the applicant sent supplemental notice of the May 22 hearing to neighbors located within 500 feet of the property; and WHEREAS, New York City Councilmember 2017-187-BZ CEQR #17-BSA-130X through facility portion); (e) the drive-through facility shall not have an undue adverse impact on residences within the immediate vicinity of the subject premises; and (f) there will be adequate buffering between the drive-through facility and adjacent residential uses. In connection therewith, the Board may modify the requirement of Section 32-411 (In C1, C5, C6-5 or C6-7 Districts) insofar as it relates to the accessory drive-through facility. The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by, inter alia, ZR §§ 73-01 through 73-04; and WHEREAS, the site plan submitted by the applicant indicates that the proposed drive-through facility provides reservoir space sufficient for 10 vehicles in satisfaction of ZR § 73-243(a); and WHEREAS, the applicant represents that the proposed redevelopment of the site will substantially improve the conditions of the existing drive-through facility, which utilizes Philip Avenue, a residential street, for queuing for the drive-through during peak times, relocating the one-story eating and drinking establishment from a portion of the site closest to the intersection to the southeastern corner of the site, which will allow for the site itself to fully accommodate a queue of at least 10 vehicles; and WHEREAS, in addition, the applicant submitted a transportation assessment for the proposal in accordance with the CEQR technical Manual, March 2014 methodologies concluding that, in comparison

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