1-09-BZ CEQR #09-BSA-058Q APPLICANT – The Law Office of Fredrick A. Becker, for 39-01 QB LLC c/o Rhodes Management, owner; TSI Sunnyside LLC dba New York Sports Club, lessee. SUBJECT – Application January 2, 2009 – Special Permit (§73-36) to allow the legalization of an existing physical culture establishment on a portion of the ground floor in a three-story building. The proposal is contrary to ZR §42-00. M1-4 district. PREMISES AFFECTED – 39-01 Queens Boulevard, 39th northerly side of Queens Boulevard, easterly of Street, Block 191, Lot 5, Borough of Queens. COMMUNITY BOARD #2Q 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 Queens Borough Superintendent, dated April 16, 2009, acting on Department of Buildings Application No. 410189861, reads in pertinent part: “Proposed physical culture establishment requires a special permit from the Board of Standards and Appeals pursuant to ZR Section 73-36;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within an M1-4 zoning district, the legalization of a physical culture establishment (“PCE”) on a portion of the first floor of an existing three-story commercial building, contrary to ZR § 42-10; and WHEREAS, a public hearing was held on this application on April 7, 2009, after due notice by publication in The City Record, and was then set for decision May 12, 2009, on which date the decision was deferred to May 19, 2009; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Commissioner Hinkson and Commissioner Montanez; and WHEREAS, Community Board 2, Queens, recommends approval of this application; and WHEREAS, the subject site is located on the northeast corner of the intersection at Queens 39th Street, within an M1-4 zoning Boulevard and district; and WHEREAS, the site is occupied by a three-story commercial building; and WHEREAS, the PCE will occupy a total of 13,640 sq. ft. of floor area on a portion of the first floor; and 1-09-BZ CEQR #09-BSA-058Q 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 an M1-4 zoning district, the legalization of a physical culture establishment on a portion of the first floor of an existing three-story commercial building, contrary to ZR § 42-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received May 7, 2009”-(1) sheet and “Received March 26, 2009”-(1) sheet and “Received January 2, 2009”-(1) sheet; and on further condition: THAT the term of this grant shall expire on December 1, 2018; 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 all signage shall comply with M1 zoning regulations; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approv

… (truncated, full text in PDF)