116-14-BZ CEQR #14-BSA-160M APPLICANT – Gerard J. Caliendo, RA, AIA, for Ben Ohebshalom Med LLC, owner; Crank NYC II Inc., Anthony Maniscalco, lessee. SUBJECT – Application May 30, 2014 – Special Permit (§73-36) to allow the legalization of an Physical Cultural Establishment (Crank NYC II) on the first floor level of an existing five story mixed commercial & residential building in a C1-9 zoning district. 93rd Street, Block PREMISES AFFECTED – 188 East 1521, Lot 40, Borough of Manhattan. COMMUNITY BOARD #8M ACTION OF THE BOARD – Application granted on 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, the decision of the Department of Buildings (“DOB”), dated May 21, 2014, acting on Alteration Application No. 104070586, reads in pertinent part: “Proposed use as a physical culture establishment, as defined by ZR 12-10, is contrary to ZR 32-10”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, in a C1-9 zoning district, the legalization of a physical culture establishment on portions of the first floor and cellar of the subject building, contrary to ZR § 12-10; and WHEREAS, a public hearing was held on this application on August 15, 2017, after due notice by publication in The City Record, with continued hearings on November 14, 2017, and January 30, 2018, and then to decision on May 22, 2018; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 8, Manhattan, recommends disapproval of this application, citing concerns with signage, noise and vibrations; and WHEREAS, a resident of the subject building provided testimony in opposition to this application, citing concerns with noise and vibrations; and WHEREAS, the subject site is located on the southwest corner of East 93rd Street and Third Avenue, in a C1-9 zoning district, in Manhattan; and WHEREAS, the subject site has approximately 69 feet of frontage along East 93rd Street, 76 feet of frontage along Third Avenue, 5,224 square feet of lot area and is occupied by a five-story, with cellar, mixed- use commercial and residential building; and WHEREAS, ZR § 73-36(a) provides that in C1- 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the 116-14-BZ CEQR #14-BSA-160M WHEREAS, the Board notes that, pursuant to ZR § 73-04, it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the subject PCE occupies 2,277 square feet of floor area as follows: 2,277 square feet of floor area on the first floor, including a reception area, bicycle spinning area, locker room and restrooms, and space in the cellar, used for storage, laundry and a restroom; and WHEREAS, the PCE has been in operation as Crank since December 2012 with the following hours of operation: Monday to Friday, 6:00 a.m. to 9:30 p.m., and Saturday and Sunday, 7:00 a.m. to 7:00 p.m.; and WHEREAS, the applicant represents that the PCE use is consistent with the vibrant commercial area

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