2019-189-BZ CEQR #20-BSA-005Q APPLICANT – Rothkrug Rothkrug & Spector LLP, for 361 Henry LLC, owner; Blink 97-01 Northern Blvd., Inc., lessee. SUBJECT – Application July 15,2019 – Special Permit (§73-36) to permit the operation of a physical culture establishment (Blink Fitness) within a proposed building contrary to ZR §32-10. C2-4R6A zoning district. PREMISES AFFECTED – 97-01 Northern Boulevard, Block 1427, Lot 38, Borough of Queens. COMMUNITY BOARD #2Q Application granted. ACTION OF THE BOARD – 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 Department of Buildings (“DOB”), dated June 20, 2019, acting on DOB New Building Application No. 421727064, reads in pertinent part: “Proposed physical culture establishment in C2-4 (R6A) is contrary to section ZR 32-10; therefore special permit [pursuant] required from the Board of Standards and Appeals;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, on a site located within an R6A (C2-4) zoning district, the operation of a physical culture establishment (“PCE”) on portions of the first, second and third floors of a proposed three- story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on December 17, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, the subject site is located on the northeast corner of Northern Boulevard and 97th Street, within an R6A (C2-4) zoning district, in Queens; and WHEREAS, the site has approximately 100 feet of frontage along each Northern Boulevard and 97th Street, 10,000 square feet of lot area and is under construction for a proposed three-story commercial building; and WHEREAS, ZR § 73-36(a) provides that in C1- 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board may permit physical culture or health establishments as defined in Section 12-10 for a term not to exceed ten years, provided that the following findings are made: (1) that such use1 is so located as not to impair the essential character or the 1 Words in italics are defined in Section 12-10 of the Zoning Resolution. 2019-189-BZ CEQR #20-BSA-005Q 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 denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the applicant represents that the PCE will occupy 580 square feet of floor area on the first floor with the PCE entrance; 7,000 square feet of floor area on the second floor with areas for exercise equipment, retail, locker rooms, storage and mechanical; and, 7,000 square feet of floor area on the third floor with areas for exercise equipment; and WHEREAS, the PCE is proposed to operate as “Blink Fitness,” with the following hours of operation: 5:30 AM to 11:00 PM, Monday through Saturday, and 7:00 AM to 9:00 PM, Sunday; and WHEREAS, the applicant states that, while no noise issues are anticipated because the PCE will be located in a commercial building, sound attenuation measures will be maintained in the PCE space, including rubber flooring in activity areas and demising walls with batt insulation; and WHEREAS, the applicant represents that the PCE use will neither impair the essential character nor the future use or development of the surrounding area because

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