2018-98-BZ CEQR #18-BSA-142Q APPLICANT – Akerman LLP, for GC Cross Realty LLC, owner; 140 Cross Bay Boulevard Group, LLC, lessee. SUBJECT – Application May 24, 2018 – Permit (§73-36) to operate a physical establishment (Planet Fitness) on a portion ground floor and the entire second floor of an commercial building contrary to ZR §32-10. C2-2/R3- 1 zoning district. PREMISES AFFECTED – 160-10 Cross Boulevard, Block 14030, Lot(s) 6, 20, Borough Queens. COMMUNITY BOARD #10Q Application granted ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Sheta Commissioner Scibetta.................................................5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Queens Borough Commissioner, dated April 24, 2019, on Department of Buildings (“DOB”) Application 421455749 (Doc #3), reads in pertinent part: The proposed physical culture establishment is not permitted as of right in an R3-1/C2-2 zoning district as per ZR Section 32-10 therefore requires a ZR Section 73-36 special permit from the Board of Standards Appeals; and WHEREAS, this is an application under 73-36 and 73-03 to legalize, on a site located partially within an R3-1 (C2-2) zoning district and partially within an R2 zoning district, a physical establishment (“PCE”) on the first and second an existing two- (2) story plus basement commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held application on January 15, 2019, after due notice publication in The City Record, with continued on March 5, 2019, and May 21, 2019, and decision on that date; and WHEREAS, Vice-Chair Chanda Commissioner Ottley-Brown performed inspections the subject site and surrounding neighborhood; WHEREAS, Community Board 10, recommends approval of this application subject following conditions: (1) the tenant, Planet along with the property owner provide attendant services within the parking lot behind the building increase the number of spaces; (2) attendant parking be noted along with the current parking provided that total number of spaces (148 plus additional made possible by attendant parking) appear 2018-98-BZ CEQR #18-BSA-142Q WHEREAS, on March 15, 1960, under BSA No. 247-56-BZ, the Board granted a further variance then-tax lot 1 to permit the erection of a class building to be used for a bowling alley, restaurant, kitchen, snack bar, shop, office, nursery, meeting and store room, extending from the business residence use portion of the plot and occupying than the permitted area coverage and with parking patrons’ cars, no fee, on the unbuilt upon portion plot, on condition that the work be done in accordance with drawings filed with the application; the location the air conditioning equipment be moved business district portion of the plot; all laws, rules regulations applicable be complied with; and, permits and a certificate of occupancy be obtained all work completed within one (1) year; and WHEREAS, on June 12, 1973, under BSA No. 1045-67-BZ, the Board granted a variance tax lot 1 to permit, in what was then an R2 district, the construction and maintenance accessory parking lot for an adjoining commercial establishment for a term of five (5) years on condition that all work substantially conform to drawings with the application; all laws, rules and regulations applicable be complied with; and, substantial construction be completed within one (1) year, 12, 1974; and WHEREAS, on July 24, 1973, under BSA No. 1045-67-BZ, the Board reopened the agency for the express purpose of accepting the petition Community Board #10, Queens, dated July 9, 1973, evidence supplementing and correcting objectors’ position in opposition at the hearings of the Board the above application and, upon such reconsideration, denied the application; and WHEREAS, on June 27, 1978, under BSA No. 1045-67-BZ, the Board reopened and a

… (truncated, full text in PDF)