213-10-BZ CEQR #11-BSA-039R APPLICANT – EPDSCO, Inc., for 2071 Clove LLC, owner; Grasmere Bodybuilding Inc. (d/b/a Dolphin Fitness), lessee. SUBJECT – Application November 9, 2010 – Special Permit (§73-36) to legalize the operation of a Physical Culture Establishment (Dolphin Fitness Center). C8-1 zoning district. PREMISES AFFECTED – 2071 Clove Road, Clove Road (Grasmere Commons Shopping Center) between Mosel Avenue and Hillcrest Terrace, Block 2921, Lot 6, Borough of Staten Island. COMMUNITY BOARD #6SI APPEARANCES – For Applicant: Adam Rothkrug. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ..................................................5 Negative:.............................................................................0 THE RESOLUTION – WHEREAS, the decision of the Staten Island Borough Commissioner, dated October 29, 2010, acting on Department of Buildings Application No. 500470395, reads in pertinent part: “The proposed physical culture establishment…is not permitted in a (C8-1) zoning district as per Sec. (32-00) (ZR). Therefore obtain (BS&A) approval as per Sec. 73-36 (ZR);” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C8-1 zoning district, the legalization of a physical culture establishment (PCE) within a three-story commercial building, contrary to ZR § 32-00; and WHEREAS, a public hearing was held on this application on February 1, 2011 after due notice by publication in The City Record, and then to decision on March 8, 2011; and WHEREAS, Community Board 6, Staten Island, recommends approval of this application; and WHEREAS, the subject site is located on the east side of Clove Road, between Mosel Avenue and Hillcrest Terrace, within a C8-1 zoning district; and WHEREAS, the subject site consists of a one- and two-story commercial shopping center occupied by several tenants, and an attached three-story commercial building occupied by the subject PCE; and WHEREAS, the PCE has a total floor area of 10,472 sq. ft. on the second and a portion of the third floor of the subject building; and WHEREAS, the PCE is operated as Dolphin Fitness; and WHEREAS, the proposed hours of operation are: Monday through Friday, from 5:00 a.m. to 11:00 p.m.; Saturday, from 8:00 a.m. to 8:00 p.m., and Sunday, 213-10-BZ CEQR #11-BSA-039R WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment; and Therefore it is Resolved that the Board of Standards and Appeals issues a Negative Declaration prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617 and § 6-07(b) of the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site within a C8-1 zoning district, the legalization of a physical culture establishment within an existing three-story commercial building, contrary to ZR § 32-00; on condition that all work shall substantially conform to drawings filed with this application marked “Received January 20, 2011”- Eight (8) sheets and on further condition: THAT the term of this grant shall expire on April 1, 2020; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT all massages shall be performed by New York State licensed massage therapists; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT fire safety measures shall be installed and

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