21-10-BZ APPLICANT – Law Office of Fredrick A. Becker, for Aquila Realty Company, Inc., owner; Hutch Restaurant Associates LP dba Burger Brother, lessee. SUBJECT – Application October 13, 2015 – Extension of Term & Amendment (73-243) request an extension of the term of a previously granted special permit that legalized an eating and drinking establishment with a drive-through at the subject premises and an Amendment to approved hours of operation. C1-2/R4A zoning district. PREMISES AFFECTED – 2801 Roebling Avenue aka 1590 Hutchinson River Parkway, Southeasterly corner of Roebling Avenue and Hutchinson River Parkway, Block 5386, Lot 1, Borough of Bronx. COMMUNITY BOARD #10BX ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Vice-Chair Chanda, Commissioner Ottley- Brown and Commissioner Sheta…………………….3 Negative: ......................................................................0 Absent: Chair Perlmutter..............................................1 THE RESOLUTION – WHEREAS, this is an application for an amendment to a previously granted special permit and an extension of term for the same, which expired on September 14, 2015; and WHEREAS, a public hearing was held on this application on August 8, 2017, after due notice by publication in The City Record, with a continued hearing on December 12, 2017, and then to decision on February 13, 2018; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 10, Bronx, recommends approval of the subject application; and WHEREAS, the subject site is located at the northeast corner of Roebling Avenue and Hutchinson River Parkway, in an R4 (C1-2) zoning district, in the Bronx; and WHEREAS, the site has approximately 143 feet of frontage along Roebling Avenue, 99 feet of frontage along Hutchinson River Parkway, 12,483 square feet of lot area and is occupied by a one-story eating and drinking establishment with a drive-through and accessory on-site parking; and WHEREAS, the Board has exercised jurisdiction over the subject site since June 2, 1987, when, under BSA Cal. No. 473-86-BZ, the Board granted a special permit, pursuant to ZR § 73-243, legalizing the addition of a drive-through facility to an existing eating and drinking establishment for a term of five (5) years, expiring June 2, 1992, on several conditions; and WHEREAS, on September 14, 2010, under the subject calendar number, the Board granted a special permit, pursuant to ZR §§ 73-243 and 73-03, permitting 21-10-BZ special permit, amendment to the hours of drive- through facility and modifications to the previously approved plans are appropriate with certain conditions as set forth below. Therefore it is Resolved, that the Board of Standards and Appeals reopens and amends the resolution, dated September 14, 2010, so that as amended this portion of the resolution reads: “to permit the extension of the term of the special permit for an additional five years from September 14, 2015, to expire on September 14, 2020; on condition that all work and site conditions shall comply with drawings filed with this application marked ‘Received January 25, 2018’-Seven (7) sheets; and on further condition: THAT the term of this grant shall expire on September 14, 2020; THAT the premises shall be maintained free of debris and graffiti; THAT parking and queuing space for the drive- through shall be provided as indicated on the BSA- approved plans; THAT all landscaping and/or buffering shall be maintained as indicated on the BSA-approved plans; THAT exterior lighting shall be directed away from the nearby residential uses; THAT the above conditions shall appear on the certificate of occupancy; THAT a new certificate of occupancy shall be obtained within one (1) year; THAT all signage shall comply with the underlying C1 zoning district regulations; THAT all conditions from prior resolutions not specifically waived by the Board remain i

… (truncated, full text in PDF)