314-06-BZ CEQR #07-BSA-041K APPLICANT – Eric Palatnik, P.C., for Mikhail Kremerman, owner; Yana’s Spa, lessee. SUBJECT – Application December 6, 2006 – Special Permit (§73-36) to permit the proposed Physical Culture Establishment (a/k/a spa) at the cellar level of the proposed structure. 17th PREMISES AFFECTED – 2565 East Street, Block 7438, Lot 51, Borough of Brooklyn. COMMUNITY BOARD #15BK APPEARANCES – For Applicant: Eric Palatnik. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson.......................................................................4 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Brooklyn Borough Commissioner, dated November 14, 2006, acting on Department of Buildings Application No. 302093909, reads in pertinent part: “Proposed change of cellar occupancy from commercial office to a physical culture or health establishment is permitted only with a special permit from the Board of Standards and Appeals and is hereby referred to them for review”; 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 establishment of a physical culture establishment (PCE) in a portion of the cellar level of a new two-story mixed-use ambulatory care facility/office building, contrary to ZR § 32-00; and WHEREAS, a public hearing was held on this application on May 22, 2007 after due notice by publication in The City Record, and then to decision on June 19, 2007; and WHEREAS, Community Board 15, Brooklyn, recommends disapproval of this application; and WHEREAS, the subject site is located on the east side of East 17th Street, between Avenue Y and Avenue Z; and WHEREAS, the PCE will occupy approximately 2,511 sq. ft. of floor space in the cellar; and WHEREAS, the applicant represents that the PCE will offer spa treatments including massages, manicures, facials, hydrotherapy, and laser treatments; and WHEREAS, the proposed hours of operation are: daily, 10:00 a.m. to 8:00 p.m.; and WHEREAS, the Board finds that this action will neither: 1) alter the essential character of the surrounding neighborhood; 2) impair the use or development of adjacent properties; nor 3) be 314-06-BZ CEQR #07-BSA-041K THAT the term of this grant shall expire on June 19, 2017; 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/or maintained as shown on the Board-approved plans; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code, and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, June 19, 2007. A true copy of resolution adopted by the Board of Standards Printed in Bulletin No. 24, Vol. 92. Copies Sent To Applicant Fire Com'r. Borough Com'r.