2016-4275-BZ CEQR #17-BSA-033Q APPLICANT – Gerald J. Caliendo, R.A., AIA, for Joseph G. Ciampa/Ciampa North Co., owner; Push Fitness Club, lessee. SUBJECT – Application October 31, 2016 – Special Permit (§73-36) to permit the legalization of a physical cultural establishment (Push Fitness Club) located on the first floor, basement and mezzanine levels of the existing commercial building contrary to ZR §42-10. M1-1 zoning district. 14th Avenue, Block PREMISES AFFECTED – 132-15 4012, Lot(s) 45 & 30, Borough of Queens. COMMUNITY BOARD #7Q 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, the decision of the Queens Borough Commissioner, dated October 7, 2016, acting on Department of Buildings (“DOB”) Application No. 420812892, reads in pertinent part: Respectfully request denial for objections as stated for filing at the Board of Standards and Appeals. Proposed use as a Physical Culture Establishment, as defined by ZR 12- 10, in an M1-1 zoning district, is contrary to ZR 42-10 and requires a Special Permit pursuant to ZR 73-36. Refer to the Board of Standards and Appeals for approval; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within an M1-1 zoning district, a physical culture establishment (“PCE”) on portions of the basement, first, and mezzanine floors of an existing one- (1) story plus basement and mezzanine with accessory rooftop parking commercial building, contrary to ZR § 42-10; and WHEREAS, a public hearing was held on this application on May 15, 2018, after due notice by publication in The City Record, with continued hearings on July 24, 2018, and November 20, 2018, and then to decision on that date; and WHEREAS, the Board was in receipt of one (1) form letter in support of this application; and WHEREAS, Community Board 7, Queens, recommends approval of this application on condition that the owner provide reasonable accommodations for persons with disabilities in compliance with handicap accessibility; provide a canopy above all exterior handicap accessible entrances for protection while patrons are waiting; and, provide a door buzzer and camera to alert employees that patrons may be waiting at handicap accessible entrances; and 2016-4275-BZ CEQR #17-BSA-033Q WHEREAS, the applicant represents that, because no portion of the subject PCE is located on the roof of a commercial building or the commercial portion of a mixed building, the additional findings set forth in ZR § 73-36(b) need not be made or addressed; and WHEREAS, ZR § 73-36(c) provides that no special permit shall be issued unless: (1) the Board shall have referred the application to the Department of Investigation for a background check of the owner, operator and all principals having an interest in any application filed under a partnership or corporate name and shall have received a report from the Department of Investigation which the Board shall determine to be satisfactory; and (2) the Board, in any resolution granting a special permit, shall have specified how each of the findings required by this Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and WHEREAS, the Board notes that pursuant to ZR § 73-04, it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for d

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