102-13-BZ APPLICANT – Law Office of Fredrick A. Becker, for 28-30 Avenue A LLC, owner; TSI Avenue A LLC dba New York Sports Club, lessee. SUBJECT – Application April 11, 2013 – Special Permit (§73-36) to allow the operation of a physical culture establishment (New York Sports Club) within a five-story commercial building. C2-5 (R7A/R8B) zoning district. PREMISES AFFECTED – 28-30 Avenue A, East side of Avenue A, 79.5" north of East 2nd Street, Block 398, Lot 2, Borough of Manhattan. COMMUNITY BOARD #3M 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 Manhattan Borough Commissioner, dated April 9, 2013, acting on Department of Buildings Application No. 121511417, reads in pertinent part: Proposed Physical Culture Establishment at the first through fifth floors is not permitted as-of-right in C2-5 district within R7A and R8B zoning districts and is contrary to ZR 32-31 of the Zoning Resolution; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site located partially within a C2-5 (R7A) zoning district and partially within an R8B zoning district, the operation of a physical culture establishment (“PCE”) on portions of the first through fifth stories of a five-story commercial building, contrary to ZR § 32-31; and WHEREAS, a public hearing was held on this application on June 18, 2013, after due notice by publication in The City Record, and then to decision on July 23, 2013; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson and Commissioner Montanez; and WHEREAS, Community Board 3, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the east side of Avenue A between East Second Street and East Third Street, partially within a C2-5 (R7A) zoning district and partially within an R8B zoning district; and WHEREAS, the site has 44 feet of frontage along Avenue A, a lot depth of 120 feet, and a total lot area of 5,280 sq. ft.; and WHEREAS, the site is occupied by a five-story commercial building with approximately 25,285 sq. ft. of floor area (4.79 FAR); and 102-13-BZ 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. 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 located partially within a C2-5 (R7A) zoning district and partially within an R8B zoning district, the operation of a PCE on portions of the first through fifth stories of a five-story commercial building, contrary to ZR § 32-31; on condition that all work shall substantially conform to drawings filed with this application marked “Received May 20, 2013” – Six (6) sheets and on further condition: THAT the term of this grant will expire on July 23, 2023; THAT there will 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 must be performed by New York State licensed massage therapists

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