1-09-BZ APPLICANT – Law Office of Fredrick A. Becker, for 39-01 QB LLC, owner; TSI Sunnyside LLC dba New York Sports Club, lessee. SUBJECT – Application July 24, 2019 – Extension of Term of a previously approved Special Permit (§73-36) which permitted the operation of a physical culture establishment (New York Sports Club) which expired December 1, 2018; Amendment to permit a change in hours of operation; Extension of Time to Obtain a Certificate of Occupancy; Waiver of the Board’s Rules. M1-4 zoning district. PREMISES AFFECTED – 39-01 Queens Boulevard, Block 191, Lot 5, Borough of Queens. COMMUNITY BOARD #2Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta, Commissioner Scibetta……….………………...……5 Negative……………………….………….…………..0 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, an extension of term of a special permit, previously granted by the Board pursuant to ZR § 73-36, which expired on December 1, 2018, an extension of time to obtain a certificate of occupancy, which expired on May 19, 2010, and an amendment to the same; and WHEREAS, a public hearing was held on this application on November 19, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 2, Queens, recommends approval of this application; and WHEREAS, the subject site is located on the northeast corner of Queens Boulevard and 39th Street, in an M1-4 zoning district, in Queens; and WHEREAS, the site has approximately 100 feet of frontage along Queens Boulevard, 375 feet of frontage along 39th Street, 37,500 square feet of lot area and is occupied by a three-story commercial building; and WHEREAS, the Board has exercised jurisdiction over the subject site since May 19, 2009, when, under the subject calendar number, the Board granted a special permit, pursuant to § 73-36, to legalize the operation of a physical culture establishment (“PCE”), operated as New York Sports Club, on a portion of the ground floor (13,640 square feet of floor area) for a term expiring December 1, 2018, on condition that all work substantially conform to drawings filed with the application; there be no change in ownership or 1-09-BZ Bureau’s Licensed Public Place of Assembly (LPPA) Unit has inspected the premises and issued a violation order (No. E528099) for failure to obtain an operating permit from the Department of Buildings; and the Fire Alarm Inspection (FAIU) Unit has inspected the premises and issued a violation order (No. E373419) for failure to submit as-built riser diagrams; based on the foregoing, the department has no objection to the application and the Bureau of Fire Prevention will continue to inspect these premises and enforce all applicable rules and regulations; and WHEREAS, 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, based upon its review of the record, the Board has determined that the requested extension of term is appropriate with certain conditions as set forth below. Therefore, it is Resolved, that the Board of Standards and Appeals does hereby waive its Rules of Practice and Procedure amends the resolution, dated May 19, 2009, so that as amended this portion of the resolution shall read: “to permit an extension of term of ten years, expiring December 1, 2028, and to permit a change in the hours of operation; on condition: THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT all massages shall be performed by New York State licensed

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