62-13-BZ APPLICANT – Sheldon Lobel, P.C., for 2703 East Tremont LLC, owner; BXC Gates, LLC, lessee. SUBJECT – Application March 23, 2018 – Extension of Term of a previously approved Special Permit (§73- 243) which permitted the legalization of am eating and drinking establishment (Wendy's) with an accessory drive-through facility which expires on July 9, 2018. C1-2/R6 zoning district. PREMISES AFFECTED – 2703 East Tremont Avenue, Blok 4076, Lot 12, Borough of Bronx. COMMUNITY BOARD #10BX 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 pursuant to ZR § 73-243, which expired on July 9, 2018; and WHEREAS, a public hearing was held on this application on October 11, 2018, after due notice by publication in The City Record, with continued hearings on December 11, 2018, May 7, 2019, and June 16, 2019, and then to decision on that date; and WHEREAS, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 10, the Bronx, recommends approval of this application; and WHEREAS, the subject site is bound by East Tremont Avenue to the south, St. Raymond Avenue to the west and Williamsbridge Road to the east, in an R6 (C1-2) zoning district and Lower Density Growth Management Area (“LDGMA”), in the Bronx; and WHEREAS, the site has approximately 138 feet of frontage along East Tremont Avenue, 188 feet of frontage along St. Raymond Avenue, 100 feet of frontage along Williamsbridge Road, 18,487 square feet of lot area and is occupied by an existing one- (1) story eating and drinking establishment (2,772 square feet of floor area) with accessory drive-through; and WHEREAS, the Board has exercised jurisdiction over the subject site since October 22, 1985, when, under BSA Cal. No. 88-85-BZ, the Board granted a special permit, pursuant to ZR § 73-243, to permit the installation of a drive-through facility for a proposed restaurant on condition that all work substantially conform to plans as they apply to the objection, filed with the application; the special permit be limited to a term of five (5) years, to expire on October 22, 1990; the owner comply with the conditions set forth in the conditional negative declaration; landscaping be provided as shown on plans and be adequately 62-13-BZ WHEREAS, over the course of hearings, the Board expressed concerns over the sufficiency and adequacy of landscaping at the site and requested that the landscaping be provided to effectively create buffers between the subject site and adjacent uses as well as be designed so as to prevent it from being trampled or damaged; and WHEREAS, in response the applicant provided photographs demonstrating planting areas with wheel stops and pickets to protect the planted areas in satisfaction of the Board; and WHEREAS, by letter dated September 28, 2018, the Fire Department states that a review of their records indicates that the subject site is current with its permits for public assembly, rangehood suppression system and the storage of liquid gases, and the Fire Department has no additional comments or recommendations relative to the application; and WHEREAS, pursuant to ZR § 73-03(f), the applicant has satisfactorily demonstrated compliance with the conditions of the previous term and the Board finds that the circumstances warranting the original grant still obtain; and WHEREAS, accordingly, the Board finds that a five (5) year extension of term is appropriate, with the conditions set forth below. Therefore, it is Resolved, that the Board of Standards and Appeals amends the resolution, dated July 9, 2013, so that, as amended, this portion of the resolution reads: “to permit an

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