152-07-BZ CEQR #07-BSA-097K APPLICANT – Eric Palatnik, P.C., for 8701 Fourth Avenue, LLC, owner. SUBJECT – Application June 8, 2007 – Special Permit (§73-36) to allow the legalization of a Physical Culture Establishment on the second floor of a two-story commercial building. The proposal is contrary to section 32-00 of the Zoning Resolution. C4-2A zoning district. PREMISES AFFECTED – 8701 Fourth Avenue, 87th southeast corner of Fourth Avenue and Street, Block 6050, Lot 8, Borough of Brooklyn. COMMUNITY BOARD #8BK 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, Commissioner Hinkson and Commissioner Montanez......................................5 Negative:.......................................................................0 WHEREAS, the decision of the Brooklyn Borough Commissioner, dated May 18, 2007, acting on Department of Buildings Application No. 301137963, reads in pertinent part: “Proposed change of use to a physical culture establishment in a C4-2 zoning district requires a 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 within a C4-2A zoning district in the Special Bay Ridge District, the legalization of a physical culture establishment (PCE) on the second floor of a two-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on October 23, 2007, after due notice by publication in The City Record, and then to decision on February 5, 2008; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Commissioner Hinkson and Commissioner Montanez; and WHEREAS, Community Board 10, Brooklyn, recommends approval of this application; and WHEREAS, the subject site is located on the 87th Street; and southeast corner of Fourth Avenue and WHEREAS, the PCE occupies the second floor of a two-story commercial building; the PCE occupies 6,930 sq. ft. of floor area; and WHEREAS, the PCE is operated as Dolphin Fitness; and WHEREAS, the Board notes that the PCE has been in operation since 2003, without a special permit; and WHEREAS, accordingly, the Board has determined that the term of the grant shall be reduced 152-07-BZ CEQR #07-BSA-097K 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. WHEREAS, the Board has determined that the operation of the PCE 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 within a C4-2A zoning district in the Special Bay Ridge District, the legalization of a physical culture establishment on the second floor of a two-story commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received February 5, 2008”- (3) sheets; and on further condition: THAT the term of this grant shall expire on January 1, 2013; THAT there sh

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