63-10-BZ CEQR #10-BSA-069Q APPLICANT – Gerald J. Caliendo, RA, AIA, for 163- 18 Jamaica Realty Inc., owner; Lucille Roberts Health Clubs, Inc., lessee. SUBJECT – Application April 28, 2010 – Special Permit (§73-36) to legalize the operation of a physical culture establishment on the second floor of a seven- story commercial building. C6-3 zoning district. PREMISES AFFECTED – 163-18 Jamaica Avenue, south side of Jamaica, 126’ east of Guy Brewer Boulevard, Block 10151, Lot 7, Borough of Queens. COMMUNITY BOARD #12Q APPEARANCES – For Applicant: Sandy Anagnostou. 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 August 13, 2010, acting on Department of Buildings Application No. 420127491, reads in pertinent part: “Proposed physical culture establishment is contrary to ZR 32-10. Physical culture establishment in a C6-3 zoning district (DJ Special District) requires special permit from BSA as per ZR 73-36;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site located in a C6-3 zoning district within the Downtown Jamaica Special District, the legalization of a physical culture establishment (PCE) on the second floor of a seven- story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on July 27, 2010, after due notice by publication in The City Record, with a continued hearing on August 17, 2010, and then to decision on September 14, 2010; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by Commissioner Montanez; and WHEREAS, Community Board 12, Queens, recommends approval of this application; and WHEREAS, the subject site is located on the south side of Jamaica Avenue, between Guy Brewer 165th Street, in a C6-3 zoning district Boulevard and within the Downtown Jamaica Special District; and WHEREAS, the site is occupied by a seven-story commercial building; and WHEREAS, the PCE will occupy a total floor area of 9,086 sq. ft. on the second floor of the subject building; and WHEREAS, on December 19, 2000, under BSA 63-10-BZ CEQR #10-BSA-069Q 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 in a C6-3 zoning district within the Downtown Jamaica Special District, the legalization of a physical culture establishment on the second floor of a seven-story commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received August 3, 2010”- (4) sheets; and on further condition: THAT the term of this grant shall expire on September 14, 2020; 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 the above conditions shall appear on the Certificate of Occupancy; THAT fire safety measures shall be installed and/or maintained a

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