2017-130-BZ CEQR #17-BSA-114Q APPLICANT – Rothkrug Rothkrug & Spector, 01 LASAL Associates, owner; Crossfit lessee. \SUBJECT – Application April 13, 2017 Permit (§73-36) to permit the legalization of culture establishment (Crossfit Sunnyside) existing commercial building. M1-1 zoning PREMISES AFFECTED – 47-01 Barnett Block 142, Lot 238, Borough of Queens. COMMUNITY BOARD #2Q ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta.................................................5 Negative: ....................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated March 20, 2017, Alteration Application No. 420658595, pertinent part: “Proposed use, ‘physical culture or establishment’, is not permitted as of M1-1 district”; and WHEREAS, this is an application §§ 73-36 and 73-03 to permit, in an M1-1 district, the legalization of a physical establishment occupying the entirety of building; and WHEREAS, a public hearing was held application on May 8, 2018, after due publication in The City Record, and then to May 8, 2018; and WHEREAS, Vice-Chair Chanda Commissioner Ottley-Brown performed inspections the site and surrounding neighborhood; and WHEREAS, Community Board recommends approval of this application; and WHEREAS, the subject site is located north side of Barnett Avenue, between 43rd 48th Street, in an M1-1 zoning district, in Queens; WHEREAS, the subject site has approximately feet of frontage along Barnett Avenue, 39 feet 3,240 square feet of lot area and is occupied story commercial building; and WHEREAS, ZR § 73-36(a) provides 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 and in certain special districts as specified provisions of such special district, the permit physical culture or health establishments defined in Section 12-10 for a term not to years, provided that the following findings (1) that such use is so located as impair the essential character future use or development surrounding area; and (2) that such use contains: (i) one or more of the following regulation size sports facilities: handball courts, basketball squash courts, paddleball 2017-130-BZ CEQR #17-BSA-114Q WHEREAS, the subject PCE occupies square feet of floor area on the first floor, seating area, offices, restrooms, a stretching workout plates, a lifting area with weights, and medicine balls, rowers and storage; and WHEREAS, the PCE has been in operation CrossFit Sunnyside since October 2016, following hours of operation: Monday to Friday, a.m. to 10:00 p.m., Saturday, 8:00 a.m. to and Sunday, 9:00 a.m. to 3:00 p.m.; and WHEREAS, the applicant represents that use is consistent with the vibrant area in located and that the PCE use is fully contained the envelope of an existing building; and WHEREAS, in addition, the applicant that sound attenuation measures, including flooring, have been provided within the space; WHEREAS, the Board finds that the so located as not to impair the essential character future use or development of the surrounding WHEREAS, the applicant states that contains facilities for classes, instruction and for physical improvement, body building, reduction and aerobics; and WHEREAS, the Board finds that the use is consistent with those eligible pursuant 73-36(a)(2), for the issuance of the special WHEREAS, the Department of Investigation performed a background check on the corporate and operator of the establishment and the thereof, and issued a report which the deemed to be satisfactory; and WHEREAS, by letter dated May 7, 2018, Department represents that it has no objection application and that providing a sprinkler system fire alarm system is not required for building; and WHEREAS, in response to the Board’s at hearing, the applicant clarified that the PCE the entirety of the subject building with no other present; and WHEREAS, the Board finds t

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