2018-61-BZ CEQR #18-BSA-131K APPLICANT – Jay Goldstein, Esq., Realty, owner. SUBJECT – Application April 27, 2018 Permit (§73-36) to permit the operation Cultural Establishment (Goldfish Swim portion of the first floor of an existing building to ZR §42-10. M1-2 zoning district. PREMISES AFFECTED – 620 Degraw 427, Lot 21, Borough of Brooklyn. COMMUNITY BOARD #6BK 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 the Buildings (“DOB”) Examiner, dated April acting on DOB Application No. 321679028, pertinent part: A Physical Culture use is not permitted, right, in an M1-2 Zoning District sections 42-10 and 73-36 of the Resolution; and WHEREAS, this is an application 73-36 and 73-03 to permit, on a site located M1-2 zoning district, a proposed physical establishment (“PCE”) on a portion of an existing one-story building, contrary and WHEREAS, a public hearing was application on September 13, 2018, after publication in The City Record, and then the same date; and WHEREAS, the Board was in receipt form letters in support of this application; WHEREAS, Community Board recommends approval of this application that the operator work with the adjacent owners and the community board to illegal parking, which affects deliveries WHEREAS, Commissioner performed an inspection of the site and neighborhood; and WHEREAS, the subject site is a lot south side of Degraw Street, bound by 4th Avenue, within an M1-2 zoning Brooklyn; and WHEREAS, the site has approximately of frontage along Degraw Street, 100 15,500 square feet of lot area and is occupied story building, a portion of which will the proposed PCE; and WHEREAS, ZR § 73-36(a) provides 2018-61-BZ CEQR #18-BSA-131K (2) the Board, in any resolution special permit, shall have specified each of the findings required Section are made.; and WHEREAS, the Board notes that the foregoing, its determination is also guided by ZR § 73-03; and 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 will occupy 9,133 square area on the ground floor of the existing three-lane swimming pool, changing showers, bathrooms, a viewing area, reception offices; and WHEREAS, the applicant represents will operate as Goldfish Swim School following proposed hours of operation: a.m. to 6:00 p.m.; Tuesday 3:30 p.m. Wednesday and Thursday 9:00 a.m. Friday 9:00 a.m. to 8:00 p.m.; and Saturday to 3:00 p.m.; and WHEREAS, the applicant represents use will neither impair the essential character future use or development of the surrounding because it is located entirely within building – the other tenant in the subject Use Group 12A eating or drinking establishment dancing – in an area surrounded commercial buildings; and WHEREAS, the applicant represents proposed space is of slab on grade construction recessed concrete swimming pool, that, building is one-story, there are no tenants above the proposed PCE and that the adjacent to the space are an eating establishment with dancing to the west to the east; and WHEREAS, with regards to sound measures proposed for or already existing the applicant sub

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