2017-322-BZ CEQR #18-BSA-077R APPLICANT – Philip L. Rampulla, for MUY Brands, LLC, owner. SUBJECT – Application December 20, 2017 – Special Permit (§73-243) to permit an accessory drive-through to a proposed eating and drinking establishment (UG 6) (Taco Bell) contrary to ZR §32-15. C1-2 Lower Density Growth Management Area. PREMISES AFFECTED – 2259 Richmond Avenue, Block 2380, Lot 80, Borough of Staten Island. COMMUNITY BOARD #2SI Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Scibetta………………………………………………...4 Negative: ....................................................................0 Absent: Commissioner Sheta........................................1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated November 27, 2017, acting on New Building Application No. 520317639, reads in pertinent part: “Proposed Eating and Drinking Establishment (Use Group 6) with an accessory drive through facility . . . is contrary to section 32-15 and requires a special permit”; and WHEREAS, this is an application under ZR §§ 73-243 and 73-03 to permit, in an R3-2 (C1-2) zoning district, the operation of an eating or drinking place with accessory drive-through facilities, contrary to ZR § 32-15; and WHEREAS, a public hearing was held on this application on June 19, 2018, after due notice by publication in The City Record, and then to decision on August 14, 2018; and WHEREAS, Community Board 2, Staten Island, recommends approval of this application; and WHEREAS, area residents submitted testimony in opposition to this application, citing concerns with traffic, garbage, noise, lighting and safety; and WHEREAS, the subject site is located on the south side of Richmond Avenue, between Nome Avenue and Draper Place, in an R3-2 (C1-2) zoning district, on Staten Island; and WHEREAS, the subject site has approximately 118 feet of frontage along Richmond Avenue, between 128 feet and 148 feet of depth, 16,032 square feet of lot area and is occupied by a one-story commercial building; and WHEREAS, ZR § 73-243 provides: In C1-1, C1-2 and C1-3 Districts, (except in Special Purpose Districts) the Board of Standards and Appeals may permit eating or drinking places (including those which 2017-322-BZ CEQR #18-BSA-077R further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the applicant states that the proposed eating or drinking place will have an ample parking lot designed for safe maneuvering and that the drive- through lane provides space for the queueing of a minimum of 10 vehicles without interfering with parking; and WHEREAS, accordingly, the Board finds that the subject drive-through facility contains reservoir space for not less than 10 automobiles; and WHEREAS, the applicant states that the subject site fronts on a section of Richmond Avenue with seven lanes of traffic and that the traffic lane closest the subject site is designated deceleration lane, ensuring that the drive-through facility will cause minimal interference with the flow of traffic; and WHEREAS, accordingly, the Board finds that the subject drive-through facility will cause minimal interference with traffic flow in the immediate vicinity; and WHEREAS, the applicant states that the proposed commercial building contains approximately 2,053 square feet of floor area, which requires seven off-street parking spaces, and that 16 o

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