12-08-BZ CEQR #08-BSA-044M APPLICANT – Sheldon Lobel, P.C., for Empire State Development Corp., owner; Harlem Center, LLC, lessee. SUBJECT – Application January 3, 2008 – Special Permit (§73-36) to allow the operation of a Physical Culture Establishment on a portion of the cellar and ground floor in a ten-story commercial building. The proposal is contrary to §32-10. C4-7 district. PREMISES AFFECTED – 317 Lenox Avenue, a/k/a 125th Street, west side of Lenox Avenue, 105 W. 125th 126th Street and Street, Block 1910, Lot between 7501, Borough of Manhattan. COMMUNITY BOARD #10M APPEARANCES – For Applicant: Elizabeth Safian. 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 February 7, 2008, acting on Department of Buildings Application No. 104930309, reads in pertinent part: “Proposed changes of use of the portions of 1st floor to physical culture the cellar and establishment requires BSA approval as per ZR 32-31”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C4-7 zoning district, the legalization of a physical culture establishment (PCE) in a portion of the cellar and a portion of the first floor of a 10-story commercial building, contrary to ZR §§ 32-10 and 32-31; and WHEREAS, a public hearing was held on this application on May 6, 2008 after due notice by publication in The City Record, and then to decision on August 19, 2008; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez; and WHEREAS, Community Board 10, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the west side of Lenox Avenue a/k/a Malcolm X Boulevard, 125th 126th Street and Street; and between WHEREAS, the proposed PCE will occupy approximately 13,740 sq. ft. of floor area in the cellar and on the first floor of the subject site; and WHEREAS, the PCE will be operated as a Planet Fitness health club and will be open to the general public; and 12-08-BZ CEQR #08-BSA-044M Environmental Conservation Law and 6 NYCRR Part 617 and 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 C5-2 zoning district, the establishment of a physical culture establishment in the cellar and on the first floor of a 13-story mixed-use residential / commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received January 3, 2008”- (2) sheets; “Received March 20, 2008”- (1) sheet; and “Received April 9, 2008”- (1) sheet and on further condition: THAT the term of this grant shall expire on August 19, 2018; 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 sound attenuation measures shall be installed and maintained per the sound attenuation plan; THAT the above conditions shall appear on the Certificate of Occupancy; THAT a certificate of occupancy shall be obtained by August 19, 2009; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT fire safety measures shall be installed and/or maintained as shown on the Board-approved plans; THAT prior to the issuance of any permits, DOB shall review the floor area and location of the PCE for compliance with all relevant commercial use regulations; THAT this approval is limited to the relie

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