131-97-BZ APPLICANT – Pryor Cashman LLP, for Ricky’s Bronx Property, LLC, owner; McDonald’s Corporation, lessee. SUBJECT – Application June 29, 2016 – Amendment to re-instate and eliminate the term of a previously approved Variance (72-21) which permitted an eating and drinking establishment (UG 6) with an accessory drive-through facility, which expired on January 27, 2003; change the hours of operation, enlarge the existing building, and reduce the parking from 9 to 8 spaces; Waiver of the Rules. R1-2 zoning district. PREMISES AFFECTED – 1600 Boston Road, Block 2967, Lot 42, Borough of Bronx. COMMUNITY BOARD #3BX Granted on condition. ACTION OF THE BOARD – THE VOTE TO GRANT – Affirmative: Vice-Chair Chanda, Commissioner Ottley- Brown, Commissioner Sheta and Commissioner Scibetta………………………………………………...4 Negative: ...……………………………………......….0 Absent: Chair Perlmutter ……………………………1 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, an extension of the term of a variance previously granted by the Board, which expired on January 27, 2003, and an amendment of the same; and WHEREAS, a public hearing was held on this application on July 17, 2018, after due notice by publication in The City Record, with continued hearings on September 13, 2018, and October 30, 2018, and then to decision on October 30, 2018; and WHEREAS, the subject site is located on the southeastern corner of Boston Road and Seabury Place, in an R1-2 zoning district, in the Bronx; and WHEREAS, the site has approximately 114 feet of frontage along Boston Road, 102 feet of frontage along Seabury Place, 12,917 square feet of lot area and is occupied by one-story eating and drinking establishment with accessory drive-through facilities; and WHEREAS, the Board has exercised jurisdiction over the subject site since January 27, 1998, when, under the subject calendar number, the Board granted a variance, pursuant to ZR § 72-21, to permit the replacement of an existing non-conforming eating and drinking establishment (Use Group (“UG”) 6), with a new eating and drinking establishment with accessory drive-through facilities (UG 6) and accessory parking for ten (10)1 cars which does not conform to district use regulations, on condition that all work substantially conform to approved-plans filed with the application; 1 The resolution states that ten (10) accessory parking spaces were permitted, but the approved plans indicate the provision of only nine (9) accessory parking spaces onsite. 131-97-BZ at the site, the appearance of landscaping and the screening of noise and light from the subject site and drive-through menu board in proximity to the adjacent residential properties; and WHEREAS, in response, the applicant provided detailed landscaping plans, a revised signage analysis showing compliance with C-1 zoning regulations and additional noise attenuation measures, specifically, the applicant’s proposal includes installing noise reducing fences on the south and east lot lines, and four (4) planting zones around the subject site including six (6) to eight (8) feet tall evergreen shrubs; and WHEREAS, additionally, at the September 13, 2018, public hearing, an adjoining residential neighbor and member of a local homeowner’s association stated that the lighting is beneficial in that it provides lighting in their residential backyards, and that the applicant has been very responsive to the neighbors’ concerns regarding the operation of the site; and WHEREAS, the Board finds that a reinstatement and ten (10) year extension of the term of the variance, originally granted in 1998, and amendments to the variance with regard to the hours of operation, horizontal enlargement, and number of parking spaces are appropriate with conditions previously imposed by the Board and with certain conditions as set forth below. Therefore, it is Resolved, that the Board of Standards and Appeals waives Rule § 1-07.3(b)(4)(ii) of its Rules of Practic

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