549-67-BZ APPLICANT – Rothkrug Rothkrug & Spector LLP, for Irene B. Mancus & Joseph H. Mancuso Testamentary Trust, owner. SUBJECT – Application October 16, 2015 – Extension of Term & Waiver (11-413) seek an extension of term of a previously variance granted pursuant to (72-21) permitting in an R3-2 zoning district an existing coal and oil establishment structural alterations to existing silos to provide storage rooms amend to legalize masonry extension for use as truck garage and removal silos. R3-2 zoning district. PREMISES AFFECTED – 7-9 Elm Tree Lane, Block 5651, Lot 250, Borough of Bronx. COMMUNITY BOARD #12BX ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta…………………………………………………4 Negative: .....................................................................0 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, an amendment and an extension of term of a variance, previously granted by the Board; and WHEREAS, a public hearing was held on this application on August 15, 2017, after due notice by publication in The City Record, with continued hearings on November 14, 2017 and January 23, 2018, and then to decision on March 6, 2018; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 12, Bronx, recommends approval of this application; and WHEREAS, the Board has exercised jurisdiction over the subject site since November 26, 1968, when, under the subject calendar number, the Board granted a variance to permit, at an existing coal and oil establishment, structural alterations to the silos to provide storage rooms at grade for a term of five (5) years, expiring November 26, 1976; and WHEREAS, on February 26, 1974, under the subject calendar number, the Board granted an extension of term of five (5) years, expiring February 26, 1979, on condition that a new certificate of occupancy be obtained; and WHEREAS, on June 26, 1979, under the subject calendar number, the Board granted an extension of term of five (5) years, expiring June 26, 1984, and amended the variance to permit a one-story masonry extension to be used for truck garages and the removal of silos on condition that a new certificate of occupancy be obtained within one (1) year, by June 26, 1980; and WHEREAS, on February 13, 1985, under the subject calendar number, the Board granted an 549-67-BZ WHEREAS, based upon its review of the record, the Board has determined that the requested extension of term, amendment and waiver are appropriate with certain conditions as set forth below. Therefore it is Resolved, that the Board of Standards and Appeals does hereby waive the Rules of Practice and Procedure and reopen and amend the resolution, dated November 26, 1968, as amended through March 3, 1998, so that as amended this portion of the resolution shall read: “to permit an amendment to the variance to permit open storage of agricultural materials on a portion of the subject site adjacent to the railroad tracks and an extension of term of ten (10) years, expiring March 6, 2028; on condition that all work and site conditions shall conform to drawings filed with this application marked “Received February 14, 2018”-Three (3) sheets; and on further condition: THAT the term of this grant shall be for ten (10) years, expiring March 6, 2028; THAT there shall be no parking or storage of trucks in the open area at any time; THAT there shall be no storage of any materials in the open area at any time, except that there may be storage of agricultural materials, which shall be limited to the area within 50 feet of the western lot line, adjacent to the railroad tracks; THAT the hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday only, with no business operations on weekends or holidays, except for the

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