2017-22-BZ CEQR #17-BSA-072Q APPLICANT – Eric Palatnik, P.C., for and Tunnel, owner. SUBJECT – Application January 24, Permit (§73-36) to operate a physical establishment (CrossFit) within an existing building. M1-4D zoning district. PREMISES AFFECTED – 16-45 Decatur 3555, Lot 74, Borough of Queens. COMMUNITY BOARD #5Q Application ACTION OF THE BOARD – 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 Commissioner, dated December 27, 2016, Department of Buildings (“DOB”) Application 421404796, reads in pertinent part: ZR 42-31, ZR 73-36: Proposed physical culture establishment, as ZR 12-10 in zoning district contrary to ZR 42-10 and must be the Board of Standards and Appeals approval pursuant to ZR 73-36; and WHEREAS, this is an application 73-36 and 73-03 to legalize, on a site located M1-4D zoning district, a physical culture (“PCE”) on a portion of the first floor one-story non-storage garage and warehouse, to ZR § 42-10; and WHEREAS, a public hearing was application on September 13, 2018, after publication in The City Record, and then the same date; and WHEREAS, Community Board 5, that it has no objection to this application; WHEREAS, the Board was in receipt (7) form letters in support of this application; WHEREAS, Commissioner performed an inspection of the site and neighborhood; and WHEREAS, the subject site is located side of Decatur Street, bounded by Cypress the north and Wyckoff Avenue the south, 4D zoning district in Queens; and WHEREAS, the site has approximately of frontage along Decatur Street, 100 20,026 square feet of lot area and is occupied story building occupied in part by the subject WHEREAS, ZR § 73-36(a) provides 8X, C1-9, C2, C4, C5, C6, C8, M1, Districts, and in certain special districts the provisions of such special district, 2017-22-BZ CEQR #17-BSA-072Q WHEREAS, the Board notes that § 73-04, it has prescribed certain safeguards to the subject special permit minimize the adverse effects of the special other property and community at large; further that such conditions and safeguards incorporated in the building permit and occupancy of the subject building, and comply with such conditions or restrictions constitute a violation of the Zoning Resolution constitute the basis for denial or revocation building permit or certificate of occupancy other applicable remedies; and WHEREAS, as a threshold matter, notes that the site is within the boundaries designated area in which the subject special available; and WHEREAS, the applicant submitted the subject PCE occupies 4,894 square on the ground floor; and WHEREAS, the applicant represents has been in operation since January 2015 with the following hours of operation: Monday Friday, 6:00 a.m. to 9:30 p.m.; Saturday to 3:00 p.m.; Sunday 10:00 a.m. to 3:00 WHEREAS, the applicant represents use will neither impair the essential character future use or development of the surrounding because the PCE is located in a manufacturing is adjacent to commercial and manufacturing subject building and surrounded by other and commercial buildings, there are neither uses within the building nor adjacent to and the PCE has small classes, capped participants, that fit well within the PCE WHEREAS, accordingly, the Board PCE is so located as to not impair character or future use or development surrounding area; and WHEREAS, the applicant represents contains facilities for the provision of instruction and weight loss classes that gymnastics, weight lifting and cardio exercises; WHEREAS, accordingly, the Board subject PCE use is consistent with pursuant to ZR § 73-36(a)(2) for the special permit; and WHEREAS, the Department of Investigation performed a background check on the corporate and operator of the establishment and t

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