61-08-BZ CEQR #08-BSA-069K APPLICANT – The Law Office of Fredrick A. Becker, 86th Street, LLC, owner; TSI Bay Ridge for 429-441 86th Street, LLC dba New York Sports Club, lessee. SUBJECT – Application March 25, 2008 – Special Permit (§73-36) to allow the operation of a Physical Culture Establishment on the second and third floors of an existing building. The proposal is contrary to ZR §32-10. C4-2A (BR) district. 86th Street, north side of PREMISES AFFECTED – 439 86th 4th Street and east of Avenue, Block 6035, Lot 64, Borough of Brooklyn. COMMUNITY BOARD #10BK APPEARANCES – For Applicant: Fredrick A. Becker. 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 Brooklyn Borough Superintendent, dated August 28, 2008, acting on Department of Buildings Application No. 302332964, reads in pertinent part: “Physical culture establishment in a C4-2 zoning district is contrary to Zoning Resolution § 32-10 and therefore must be referred to the Board of Standards and Appeals;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C4-2 zoning district, the legalization of a physical culture establishment (PCE) on the second and third floors of an existing three-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on July 29, 2008 after due notice by publication in The City Record, with continued hearings on September 9, 2008 and January 13, 2009 and then to decision on February 3, 2009; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Vice-Chair Collins, Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley-Brown; and WHEREAS, Community Board 10, Brooklyn, recommends approval of this application; and WHEREAS, the subject site is located on the 86th 4th 5th Street, between Avenue and north side of Avenue, in a C4-2 zoning district; and WHEREAS, the site is occupied by a three-story commercial building; and WHEREAS, the PCE will occupy 17,172 sq. ft. of floor area on the second and third floors of the existing building; and 61-08-BZ CEQR #08-BSA-069K permit; and WHEREAS, accordingly, the Board has determined that the term of the grant shall be reduced for the period of time, between June 1, 2008 and the date of this grant, when the PCE operated without the special permit; and WHEREAS, the project is classified as an Unlisted action pursuant to 6 NYCRR Part 617.2; and WHEREAS, the Board has conducted an environmental review of the proposed action and has documented relevant information about the project in the Final Environmental Assessment Statement, CEQR No. 08BSA069K, dated March 1, 2008; and WHEREAS, the EAS documents that the operation of the PCE would not have significant adverse impacts on Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Hazardous Materials; Waterfront Revitalization Program; Infrastructure; Solid Waste and Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; Construction Impacts; and Public Health; and 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 P

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