72-13-BZ CEQR #13-BSA-098Q APPLICANT – Sheldon Lobel, P.C., for Western Beef Properties, Inc., owner; Euphora-Citi, LLC, lessee. SUBJECT – Application February 14, 2013 – Special Permit (§73-36) to permit the legalization of a physical culture establishment (Euphora Spa) within the existing building. M1-1/C4-2A zoning district. PREMISES AFFECTED – 38-15 Northern Boulevard, north side of Northern Boulevard between 38th Street and Steinway Street, Block 665, Lot 5 and 7, Borough of Queens. COMMUNITY BOARD #1Q 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 Queens Borough Commissioner, dated January 15, 2013, acting on Department of Buildings Application No. 420781773, reads in pertinent part: Physical Culture Establishment use is not permitted in an M1-1 zoning district per ZR Sec. 42-10 and therefore requires a ZR Sec. 73-36 special permit 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 partially within an M1-1 zoning district and partially within a C4-2A zoning district, the legalization of an existing physical culture establishment (“PCE”) on a portion of the ground floor and mezzanine levels of a one-story commercial and manufacturing building, contrary to ZR §§ 32-10 and 42-10; and WHEREAS, a public hearing was held on this application on May 14, 2013, after due notice by publication in The City Record, and then to decision on June 11, 2013; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan and Commissioner Ottley-Brown; and WHEREAS, Community Board 1, Queens, recommended disapproval of the application because the mezzanine is inaccessible to persons with certain physical disabilities; and WHEREAS, the subject site is a zoning lot that comprises Tax Lots 5 and 7; Lot 5 has 75.37 feet of frontage along Northern Boulevard and 75 feet of frontage along 38th Street; Lot 7 has 63.08 feet of frontage along Northern Boulevard, 57.33 feet of frontage along Steinway Street, and 39.73 feet of frontage along 38th Street; and WHEREAS, the site has a total lot area of 22,500 72-13-BZ CEQR #13-BSA-098Q 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. 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 located partially within an M1-1 zoning district and partially within a C4-2A zoning district, the legalization of an existing physical culture establishment (“PCE”) on a portion of the ground floor and mezzanine levels of a one-story commercial and manufacturing building, contrary to ZR §§ 32-10 and 42-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received May 31, 2013” – Four (4) sheets and on further condition: THAT the term of this grant will expire on

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