164-07-BZ APPLICANT – Rothkrug Rothkrug & Spector LLP, for Rouse SI Shopping Center, LLC, owner; 280 Marsh LLC dba Massage Envy Staten Island, lessee. SUBJECT – Application August 15, 2017 – Extension of Term of a previously approved Special Permit (§73- 36) which permitted the operation of a physical culture establishment (Massage Envy) which will expire on October 2, 2017. C4-1 zoning district. PREMISES AFFECTED – 280 Marsh Avenue (The Crossings @ Staten Island Mall), Block 2400, Lot 300, Borough of Staten Island. COMMUNITY BOARD #2SI ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: ......................................................................0 Abstain: Commissioner Sheta……………………….1 THE RESOLUTION – WHEREAS, this is an application for an extension of term of a special permit, previously granted by the Board, which expired October 2, 2017; and WHEREAS, a public hearing was held on this application on August 15, 2017, after due notice by publication in The City Record, with a continued hearing on September 26, 2017, and then to decision on December 5, 2017; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 2, Staten Island, recommends approval of this application; and WHEREAS, the subject site is located within The Crossings at Staten Island Mall, which is north of Platinum Avenue, west of Marsh Avenue, and east of Staten Island Mall Drive, in a C4-1 zoning district, on Staten Island; and WHEREAS, the Board has exercised jurisdiction over the subject site since October 2, 2007, when, under the subject calendar number, the Board granted a special permit to allow the operation of a physical culture establishment (“PCE”) in a one-story commercial unit within a shopping mall complex for a term of ten (10) years, expiring October 2, 2017, on condition that there 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 be performed by New York State licensed massage therapists, that the hours of operation be limited to: Monday through Friday, 8:00 a.m. to 10:00 p.m., Saturday 8:00 a.m. to 6:00 p.m., and Sunday, 10:00 a.m. to 6:00 p.m., and that the above conditions appear on the Certificate of Occupancy; and WHEREAS, on September 11, 2012, under the subject calendar number, the Board amended its 164-07-BZ 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 massage therapists; THAT the hours of operation shall be limited to: Monday through Friday, 8:00 a.m. to 10:00 p.m.; Saturday 8:00 a.m. to 6:00 p.m.; and Sunday, 10:00 a.m. to 6:00 p.m.; THAT the above conditions shall appear on the certificate of occupancy; THAT a certificate of occupancy shall be obtained within four (4) years, by December 5, 2021; THAT all conditions from prior resolutions not specifically waived by the Board remain in effect; THAT this approval is limited to the relief granted by the Board in response to objections cited and filed by the Department of Buildings; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plans or configurations not related to the relief granted.” Adopted by the Board of Standards and Appeals, December 5, 2017. A true copy of resolution adopted by the Board of Standards Printed in Bulletin Nos. 49-50, Vol. 102. Copies Sent To Applicant Fire Com'r.

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