61-08-BZ APPLICANT – Law Office of Fredrick A. Becker, for 86th 86th Street, LLC, owner; TSI Bay Ridge 429-441 Street, LLC dba New York Sports Club, lessee. SUBJECT – Application September 21, 2018 – Extension of Term of a previously approve Special Permit (§73-36) permitting the operation of a Physical Cultural Establishment (New York Sports Club) located on the second and third floors of a three-story commercial building, which expired on June 1, 2018; Waiver of the Board’s Rules. C4-2A zoning district and Special Bay Ridge District. 86th Street, Block 6035, PREMISES AFFECTED – 439 Lot 64, Borough of Brooklyn. COMMUNITY BOARD #10BK Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta…………..…………………..…5 Negative: ………………………………………………0 THE RESOLUTION – WHEREAS, this is an application for a reopening, waiver of the Board’s Rules of Practice and Procedure, an extension of term of a special permit for a physical culture establishment (“PCE”) previously granted pursuant to ZR § 73-36 which expired on June 1, 2018, an extension of time to obtain a certificate of occupancy, which expired on February 3, 2010, and an amendment of the special permit to reflect a change in the hours of operation; and WHEREAS, a public hearing was held on this application on February 5, 2019, after due notice by publication in The City Record, with a continued hearing on March 5, 2019 and then to decision on that date; and WHEREAS, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 10, Brooklyn, recommends approval of this application on condition that the operator mitigate noise from their air conditioning unit if it is determined by the New York City Department of Environmental Protection (“DEP”) that their unit exceeds the allowable decibel level; and WHEREAS, the subject site is located on the north side of 86th Street between 4th Avenue and 5th Avenue, in a C4-2A zoning district, in the Special Bay Ridge District, in Brooklyn; and WHEREAS, the site has approximately 106 feet of frontage along 86th Street, 100 feet of depth, approximately 10,600 square feet of lot area, and is occupied by a three- (3) story commercial building; and WHEREAS, the subject PCE is located within portions of the second floor (9,340 square feet of floor area) and third floor (7,832 square feet of floor area) with an entrance on the ground floor (285 square feet of 61-08-BZ Board rendering a decision on this application as the Bureau of Fire Prevention will continue to inspect the premises and enforce any outstanding violation orders; and WHEREAS, at hearing, the Board expressed concerns regarding the operation of a rooftop air conditioning unit and the applicant’s compliance with a condition of the prior resolution that mechanical units comply with the requirements of the New York City Noise Code; and WHEREAS, in response, the applicant represented that the unit is not in the possession or control of the PCE; and WHEREAS, the Board also expressed concern regarding the delay in obtaining a certificate of occupancy; and WHEREAS, in response, the applicant represented that the delay is due to the owner of the subject site, not the tenant PCE space, and that open plumbing work on behalf of the owner must be signed- off by the Department of Buildings prior to the issuance of a certificate of occupancy; and WHEREAS, pursuant to ZR § 73-03(f), the applicant has satisfactorily demonstrated compliance with the conditions of the previous term and the Board finds that the circumstances warranting the original grant still obtain; and WHEREAS, accordingly, the Board finds that a ten (10) year extension of term, extension of time to obtain a certificate of occupancy and the subject amendment to permit a modification to the hours of operation are appropriate

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