60-90-BZ APPLICANT – Michael DeRuvo, R.A., for Nissim Kalev, owner. SUBJECT – Application June 9, 2016 – Extension of Term of a previously granted Special Permit (§73-211) for the continued use of a Gasoline Service Station (Citgo) and Automotive Repair Shop which expired on February 25, 2016; Waiver of the Rules. C2-1/R3X zoning district. PREMISES AFFECTED – 525 Forest Avenue, Block 148, Lot 29, Borough of Staten Island. COMMUNITY BOARD #1SI ACTION OF THE BOARD – Application Dismissed. THE VOTE TO DISMISS – 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 a waiver of the Board’s Rules of Practice and Procedure and an extension of the term of a special permit, previously granted by the Board pursuant to ZR § 73-211, which expired on February 26, 2016; and WHEREAS, a public hearing was held on this application on March 27, 2018, after due notice by publication in The City Record, with a continued hearing on May 22, 2018, and then to decision on that date; and WHEREAS, Community Board 1, Staten Island, recommends approval of this application; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the subject site and surrounding area; and WHEREAS, the subject site is located on the north side of Forest Avenue, between Davis Avenue and North Mada Avenue, in an R3X (C2-1) zoning district, on Staten Island; and WHEREAS, the site has approximately 117 feet of frontage along Forest Avenue, 13,126 square feet of lot area and is occupied by an automotive service station and eight accessory parking spaces; and WHEREAS, the Board has exercised jurisdiction over the subject site since May 25, 1937, when, under BSA Cal. No. 385-36-BZ, the Board granted a variance to permit the extension of an existing gasoline selling station on condition that the plot shall not exceed in depth 84 feet on the easterly lot line and 99 feet on the westerly lot line; that the existing building be removed; that the accessory building be located at least 55 feet back from the street line of Forest Avenue; that the accessory building not exceed one-story in height and be arranged for car washing room, lubricating room, office and accessory stores and be constructed of fireproof materials except that the roof beams, roof boarding, window frames and sash, door frames and doors may be of wood, provided the ceiling throughout is fire-retarded in accordance with the rules of the Board and the roof is weather surfaced with non-flammable materials and the boiler room is enclosed 60-90-BZ 1-07.3(b)(2) of the Board’s Rules of Practice and Procedure to permit the filing of this application less than two (2) years after the expiration of the term; and WHEREAS, the subject application was filed with the Board on June 9, 2016, and a Notice of Comments was issued by Board Staff on August 1, 2016; and WHEREAS, no response to the Notice of Comments was received by the Board within a year and a letter, dated September 6, 2017, was sent to the applicant at the address indicated on the application informing them that failure to respond within 30 days would result in dismissal of the application (the “Dismissal Warning Letter”); and WHEREAS, no submission was received by the Board in response to the Dismissal Warning Letter and, by letter dated October 10, 2017, the application was dismissed; and WHEREAS, by letter dated October 12, 2017, the applicant requested a 30 day extension of time to respond to the Notice of Comments, stating that the Dismissal Warning had been sent to an email address that is infrequently used and was, thus, received too late; and WHEREAS, the extension of time was granted, the applicant provided a response to the Notice of Comments by submission dated November 16, 2017, and an initial hearing

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