2017-231-BZ CEQR #18-BSA-009K APPLICANT – Eric Palatnik, P.C., for PMG NE owner. SUBJECT – Application July 28, 2017 – Special Permit (§73-211) to permit the operation Automotive Service Station (UG 16B) with accessory convenience store. C2-3/R6 zoning district. PREMISES AFFECTED – 765 Pennsylvania Avenue, Block 4323, Lot 40, Borough of Brooklyn. COMMUNITY BOARD #5BK Granted on condition. ACTION OF THE BOARD – THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta, Commissioner Scibetta………………………………..5 Negative:………………………………………………0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated June 13, 2018, acting DOB Alteration Type I Application No. 321510076, reads in pertinent part: “Proposed automotive service station accessory retail convenience store contrary to 32-10 and requires a Special Permit pursuant to ZR 73-211;” and WHEREAS, this is an application for a permit pursuant to ZR §§ 73-211 and 73-03 to the reestablishment of an automotive service previously constructed pursuant to a variance by the Board, with an accessory convenience store site located in an R6 (C2-3) zoning district; and WHEREAS, a public hearing was held application on February 5, 2019, after due notice publication in The City Record, with continued on September 10, 2019, October 3, 2019, December 17, 2019, and then to decision on that date; and In any C2, C4, C6 or C7 District WHEREAS, Community Board 5, Brooklyn, recommends approval of this application; and WHEREAS, the Board was in receipt of form letter in support of this application; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, the subject site is located northeast corner of Pennsylvania Avenue and Boulevard, in an R6 (C2-3) zoning district, Brooklyn; and WHEREAS, the site has approximately of frontage along Pennsylvania Avenue, 95 frontage along Linden Boulevard, 14,725 square lot area and is occupied by an existing automotive service station with a one-story accessory convenience store building (1,104 square feet of floor area); WHEREAS, the Board has exercised jurisdiction over the subject site since June 29, 1948, when, BSA Cal. No. 1057-47-BZ, the Board granted variance to permit the premises to be occupied gasoline service station including a high speed on condition that in all other respects the building occupancy comply with all laws, rules and regulations applicable thereto; complete working drawings submitted for further consideration by the Board to filing of plans with the borough superintendent; such plans be filed within six months, by December 1948; and WHEREAS, on November 30, 1948, under 2017-231-BZ CEQR #18-BSA-009K WHEREAS, ZR § 73-211 reads as follows: whose longer dimension is 375 feet or more (exclusive of land in streets1), the Board Standards and Appeals may permit automotive service stations, provided that following findings are made: (a) that the site for such use has a minimum area of 7,500 square feet; and (b) that the site for any such use which not located on an arterial highway or major street has a maximum area 15,000 square feet. The Board shall prescribe the following conditions: (1) that any facilities for lubrication, minor repairs or washing are located within completely enclosed building; (2) that the site is so designed as to provide reservoir space for five waiting automobiles within the zoning lot addition to spaces available within enclosed lubritorium or at the pumps; (3) that entrances and exits are so planned that, at maximum expected operation, vehicular movement into or from automotive service station will cause minimum of obstruction on streets sidewalks; (4) that, along any rear lot line or side line adjoining a Residence District, zoning lot is screened, as the Board may prescribe, by either of the following methods: (a) a strip at least four feet wid

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