2019-71-BZ CEQR #19-BSA-114K APPLICANT – Rothkrug Rothkrug & Spector LLP, for 2862-2874 Fulton Street LLC, owner; Blink 2862 Fulton Street, Inc., lessee. SUBJECT – Application April 5, 2019 – Special Permit (§73-36) to permit the operation of a physical culture establishment (Blink Fitness) to be located on the first and second floor of an existing commercial building. C2-4 (R6A) (EC6) zoning district. PREMISES AFFECTED – 2868 Fulton Street, Block 3950, Lot 17, Borough of Brooklyn. COMMUNITY BOARD #5BK Application granted on ACTION OF THE BOARD – condition. 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 March 6, 2019, acting on DOB Application No. 32107086, reads in pertinent part: “Proposed Physical Culture establishment in C2-4 Zoning district is contrary to section 32-10 ZR and requires a special permit from BSA (73-36);” 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 and in the Special Enhanced Commercial District, a physical culture establishment (“PCE”) on portions of the first and second floors of a proposed two- (2) story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on October 3, 2019, after due notice by publication in The City Record, and then to decision on October 29, 2019; and WHEREAS, Commissioner Scibetta performed an inspection of the site and surrounding neighborhood; and WHEREAS, the subject site is located on the southeast corner of Fulton Street and Barbey Street, within an R6A (C2-4) zoning district and in the Special Enhanced Commercial District, in Brooklyn; and WHEREAS, the site has approximately 94 feet of frontage along Fulton Street, 82 feet of frontage along Barbey Street, 8,440 square feet of lot area and is occupied by four (4) existing one- (1) story commercial buildings that will be renovated and enlarged into a single proposed two- (2) 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 2019-71-BZ CEQR #19-BSA-114K Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and WHEREAS, the Board notes that pursuant to ZR § 73-04, it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes 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 6,653 square feet of floor area on the first floor with exercise areas, locker rooms with restrooms and showers, and spaces for storage and offices; and 8,402 square feet of floor area on the second floor with exercise areas; and WHEREAS, the PCE is proposed to operate as “Blink Fitness,” with the following hours of operation: Monday through Saturday, 5:30 a.m. to 11:00 p.m.; and, Sunday, 7:00 a.m. to 9:00 p.m.; and WHEREAS, the applicant states that, while the PCE is located within a commercial building and is anticipated t

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