2017-24-BZ APPLICANT – Walter T. Gorman, P.E.P.C., Test Realty Company Limited Partnership, Capitol Petroleum Group, lessee. SUBJECT – Application January 25, Instatement (§11-411) previously approved which permitted the operation of an Service Station (UG 16B) (Mobile) with which expired on March 19, 2004; Waiver R3A zoning district. PREMISES AFFECTED – 1400 Bay Fingerboard Road, Block 2864, Lot 57, Staten Island. COMMUNITY BOARD #1SI ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta.................................................5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Buildings (“DOB”), dated January 11, Alteration Application No. 520229592, pertinent part: “The proposed Use Group (16B) for service station with accessory uses permitted as of right as per (ZR 22-00)”; WHEREAS, this is an application reinstatement of a variance, previously Board; and WHEREAS, a public hearing was application on August 8, 2017, after publication in The City Record, with continued on October 17, 2017, and January 9, 2018, decision on April 17, 2018; and WHEREAS, Commissioner performed an inspection of the site and neighborhood; and WHEREAS, Community Board 1, recommends approval of this application; WHEREAS, the subject site is northwest corner of Bay Street and Fingerboard in an R3A zoning district, on Staten Island; WHEREAS, the Board has exercised over the subject site since January 6, 1959, BSA Calendar Number 960-57-BZ, the variance to permit the subject site to be gasoline service station for a term of fifteen expiring January 6, 1974, on condition accessory building be constructed 30 feet set against the north lot line, that there be one island and three on another, all of type, that gasoline storage tanks not exceed gallon approved tanks, that there may be to Fingerboard Road and one curb cut to of the size and location shown on the Board-approved plans, that along the westerly lot constructed a woven wire fence of the not less than 5’-6” in height, including that along the northerly lot line, where the accessory building does not occur, constructed a concrete retaining wall, that 2017-24-BZ WHEREAS, on March 19, 1974, Calendar Number 960-57-BZ, the Board extension of term of ten (10) years, expiring 1984, on condition that a new certificate be obtained; and WHEREAS, on July 3, 1984, Calendar Number 960-57-BZ, the Board extension of term of ten (10) years, expiring 1994, on condition that there be no parking on the sidewalk or in such a manner pedestrian or vehicular traffic and that a of occupancy be obtained; and WHEREAS, on August 8, 1995, Calendar Number 960-57-BZ, the Board variance to permit the alteration of the office to create an attendant’s area and the of a new metal canopy over two new islands and granted an extension of term years, expiring March 19, 2004, on condition site remain graffiti free, that there be no work at the site and that a new certificate be obtained within one (1) year, by August WHEREAS, the term of the variance expired, the applicant now seeks a Board’s Rules of Practice and Procedure late filing of this application and a reinstatement variance; and WHEREAS, the applicant has demonstrated that the use of the gasoline has been continuous since the expiration substantial prejudice would result were denied and that the gasoline service station substantially impair the appropriate development of adjacent properties; and WHEREAS, the applicant further there are no changes or additions proposed gasoline service station, that continuation gasoline service station will not result traffic congestion, that the gasoline service existed compatibly with the surrounding for decades, that all lighting will be directed and away from residential uses, that there parking of cars on the sidewalk or in such to obstruct

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