278-86-BZ APPLICANT – Eric Palatnik, P.C., for White Castle System, Inc., owner. SUBJECT – Application October 29, 2013 – Extension of Term of a previously approved Special Permit (§73- 243) to permit the operation of an accessory drive-thru facility to an eating and drinking establishment (White Castle), which expired on November 26, 2011, amendment to the plans, and Waiver of the Rules. C1- 2/R5 zoning district. PREMISES AFFECTED – 1677 Bruckner Boulevard, Block 3721, Lot 1, Borough of Bronx. COMMUNITY BOARD #9BX Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta…………………………………5 Negative: ………………………………………….……0 THE RESOLUTION – WHEREAS, this is an application for an extension of the term of a special permit, previously granted to permit the operation of an eating and drinking establishment with accessory drive-through facilities pursuant to ZR § 73-243, which will expire on June 17, 2019; and WHEREAS, a public hearing was held on this application on March 19, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Community Board 9, the Bronx, recommends approval of the application on condition that the operator of the subject site provide the Community Board with contact information; and WHEREAS, the subject site is bound by Bruckner Boulevard to the south, Metcalf Avenue to the west and Fteley Avenue to the east, partially within an R5 (C1-2) zoning district and partially within an R5 zoning district, in the Bronx; and WHEREAS, the site has approximately 200 feet of frontage on Bruckner Boulevard, 275 feet of frontage on Metcalf Avenue, 250 feet of frontage on Fteley Avenue, 52,400 square feet of lot area and is occupied by a one- (1) story eating and drinking establishment with drive-through and accessory on-site parking for 56 vehicles, operated as White Castle; and WHEREAS, the Board has exercised jurisdiction over the subject site since November 25, 1986, when, under the subject calendar number, the Board granted a special permit, pursuant to ZR § 73-243, permitting the addition of a drive-through facility to an existing Use Group (“UG”) 6 eating and drinking establishment for a term of five (5) years, expiring November 25, 1991, on condition that all work substantially conform to drawings, as they apply to the objection, filed with the application; the loudspeaker on the menu board be operated at a decibel level which cannot be heard beyond the lot line of the subject property; outdoor lighting face downward and away from adjoining residences; all fences and landscaping be adequately maintained at all times and replaced when necessary; the conditions appear on the certificate of occupancy; the Department of Buildings (“DOB”) issue no permits for a period of 31 days from the date of the resolution; 278-86-BZ approved under the subject calendar number, amend that special permit to allow a minor enlargement (an increase of 34 sq. ft.) of the existing building, an increase in the surface area of the service window, minor modifications to the site plan, and extend the term of the special permit for an additional five (5) years, and the Board waived its Rules of Practice and Procedure, reopened and further amended the resolution under the subject calendar number to permit the noted modification and extend the term of the special permit for an additional five (5) years, to expire on June 17, 2019, on condition that all work substantially conform to drawings, as they apply to the objections, filed with the application; signage comply with C1 regulations; the conditions and all relevant conditions from prior grants appear on the certificate of occupancy; a certificate of occupancy be obtained by June 17, 2015; all conditions from prior resolutions not specifically waived by the Board remain in effect; the approval be limited to the

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