1-14-BZ CEQR #14-BSA-094M APPLICANT – Law Office of Fredrick A Becker, for CPT 520 W 43 Owner LLC c/o Rose Associates, owner; Ewing Massage Entprise,LLC dba Massage Envoy, lessee. SUBJECT – Application January 6, 2014 – Special Permit (§73-36) to allow the operation of a physical culture establishment (Massage Envy). C6-4 zoning district. PREMISES AFFECTED – 525 West 42nd Street, Northerly side of West 42nd Street 325 feet easterly of Tenth Avenue. Block 1071, Lot 42. Borough of Manhattan. COMMUNITY BOARD #4M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson.............................................................................4 Negative:...........................................................................0 Absent: Commissioner Montanez ...................................1 THE RESOLUTION – WHEREAS, the decision of the Executive Zoning Specialist of the Department of Buildings (“DOB”), dated December 9, 2013, acting on DOB Application No. 121236652, reads, in pertinent part: Proposed physical culture establishment is not an as-of-right use; contrary to ZR 32-31; and WHEREAS, this is an application under ZR §§ 73- 36 and 73-03, to permit, on a site within a C6-4 zoning district, within the Special Clinton District, the operation of a physical culture establishment (“PCE”) in a portion of the first story of a 33-story mixed residential and commercial building, contrary to ZR § 32-31; and WHEREAS, a public hearing was held on this application on April 29, 2014, after due notice by publication in the City Record, and then to decision on May 20, 2014; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson, and Commissioner Ottley- Brown; and WHEREAS, Community Board 4, Manhattan, recommends approval of the application; and WHEREAS, the subject site is an interior lot with through-lot portions located on the north side of West 42nd Street and the south side of West 43rd Street between 10th Avenue and 11th Avenue, within a C6-4 zoning district, within the Special Clinton District; and WHEREAS, the site has approximately 167 feet of frontage along West 43rd Street, 75 feet of frontage along West 42nd Street, and 24,269 sq. ft. of lot area; and WHEREAS, the site is occupied by a 33-story mixed residential and commercial building; the building has two segments: a 33-story portion with frontage along 1-14-BZ CEQR #14-BSA-094M 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 issued 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 C6-4 zoning district, within the Special Clinton District, the operation of a PCE in a portion of the first story of a 33-story mixed residential and commercial building, contrary to ZR § 32-31; on condition that all work shall substantially conform to drawings filed with this application marked “Received April 7, 2014” – Three (3) sheets and “Received April 30, 2014” – One (1) sheet; and on further condition: THAT the term of the PCE grant will expire on May 20, 2024; THAT there will be no change in ownership or operating control of the PCE without prior application to and approval from the Board; THAT all massages must be performed by New York State licensed massage therapists; THAT the hours of operation for the PCE w

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