134-15-BZ CEQR #15-BSA-213K APPLICANT – Sheldon Lobel, P.C., for David Aronowicz, owner; Cinderella 248, LLC, lessee. SUBJECT – Application June 5, 2015 – Special Permit (§73-36) to allow the operation of a Physical Culture establishment (Orange theory Fitness) in the existing building on the first floor and cellar of a one story commercial building, located within an R7A/C2-4 zoning district. PREMISES AFFECTED – 248 Flatbush Avenue, Block 936, Lot 12, Borough of Brooklyn. COMMUNITY BOARD #6BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Commissioner Ottley- Brown, Commissioner Montanez and Commissioner Chanda...............................................................................4 Negative: ..........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated January 15, 2016, acting on Alteration Application No. 320624543, reads in pertinent part: “ZR 32-10” “ZR 32-31” “Proposed use, ‘physical culture or health establishment’, is not permitted as-of-right in C2-4 zoning district and a BSA special permit is required”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, in an R7A (C2-4) zoning district, the operation of a physical culture establishment (“PCE”), contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on January 10, 2017, after due notice by publication in The City Record, with continued hearings on March 21, 2017, and June 27, 2017, and then to decision on July 11, 2017; and WHEREAS, Commissioner Ottley-Brown and Commissioner Montanez performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 6, Brooklyn, recommends approval of this application and requested that the Board take a hard look at the environmental review of this application to clarify whether it is a brownfield or otherwise contaminated; and WHEREAS, the subject site is located on the west side of Flatbush Avenue, between Saint Marks Avenue and Prospect Place, in an R7A (C2-4) zoning district, in Brooklyn; and WHEREAS, the site has approximately 33 feet of frontage along Flatbush Avenue, 71 feet of depth, 2,310 square feet of lot area and is occupied by a one-story, with cellar, commercial building; and WHEREAS, ZR § 73-36(a) provides that in C1- 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board may 134-15-BZ CEQR #15-BSA-213K § 73-04 and 73-36(b)(4), it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the subject PCE occupies a total of 2,485 square feet of floor area as follows: 1,617 square feet of floor space in the cellar, used for storage and locker rooms, and 2,485 square feet of floor area on the first floor, including areas for rowing machines, weight- lifting and treadmills; and WHEREAS, the PCE has been in operation as Orangetheory Fitness since January 6, 2017; and WHEREAS, the PCE’s hours of operation are 5:00 a.m. to 9:00 p.m., Monday through Thursday, 5:00 a.m. to 8:00 p.m., Friday, 7:00 a.m. to 1:00 p.m., Saturday, and 8:00 a.m. to 2:00 p.m., Sunday; and WHEREAS, the appli

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