156-13-A APPLICANT – Bryan Cave LLP, for 450 West 31Street Owners Corp, owner; OTR Media Group, Inc., lessee. SUBJECT – Application May 17, 2013 – Appeal of DOB determination that the subject advertising sign is not entitled to non-conforming use status. C6-4/HY zoning district. 31st PREMISES AFFECTED – 450 West Street, West 31st Street, between Tenth Avenue and Lincoln Tunnel Expressway, Block 728, Lot 60, Borough of Manhattan. COMMUNITY BOARD #10M ACTION OF THE BOARD – Appeal Denied. THE VOTE TO GRANT – Affirmative: .....................................................................0 Negative: Chair Srinivasan, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ...4 Absent: Vice Chair Collins..............................................1 THE RESOLUTION – WHEREAS, this is an appeal of two final determinations, issued by the Manhattan Borough Commissioner of the Department of Buildings (“DOB”) on April 17, 2013 and on May 1, 2013, acting on DOB Application Nos. 102663949 and 102663930, respectively (the “Final Determinations”), which state, in pertinent part that: As of this date, the Department has not received sufficient information to demonstrate that the approval and permit should not be revoked. Therefore, pursuant to Sections 28- 104.2.10 and 28-105.10 of the Administrative Code of the City of New York, the approval and permit are hereby revoked; and WHEREAS, a public hearing was held on this appeal on November 19, 2013, after due notice by publication in The City Record, with continued hearings on December 17, 2013, January 28, 2014, and February 11, 2014, and then to decision on April 8, 2014; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley- Brown; and WHEREAS, the subject site is located on the southwest corner of the intersection of Dyer Avenue and West 31st Street, within a C6-4 zoning district within the Special Hudson Yards District; and WHEREAS, the site is occupied by a 12-story commercial building; a 1,200 sq. ft. illuminated advertising sign (the “Sign”) is located on the east wall of the 12-story building; and WHEREAS, this appeal is brought on behalf of OTR Media Group, Inc., the lessee of the Sign (the “Appellant” or “OTR”); and WHEREAS, DOB appeared and made submissions in opposition to this appeal; and WHEREAS, the Board notes that by letter dated 1 156-13-A was whether the Sign was “within view” of an approach to the Lincoln Tunnel; DOB initially advanced the argument that the Sign was “within view” of an approach per the Board’s interpretation of “within view” in BSA Cal. No. 134-13-A (538 Tenth Avenue, Manhattan) (adopting the “360 Degrees Standard” for determining whether a sign is “within view”); and WHEREAS, the Appellant countered that because a motorist would have to tilt her head in order to view the Sign, the Sign should not be considered “within view”; however, even if the Sign is considered “within view” of a restricted roadway, the Appellant asserts that the roadway in question—the length of Dyer Avenue between the site (at West 31st Street) and the Lincoln Tunnel (hereafter “Lincoln Tunnel Expressway/Dyer Avenue”)—is neither a designated arterial highway itself, nor an “approach” to a designated arterial highway, per 1 RCNY § 49-01 (“Rule 49”), because northbound traffic along the roadway has an opportunity to enter the street network well north of the site at West 39th Street; and WHEREAS, DOB agrees with the Appellant that Lincoln Tunnel Expressway/Dyer Avenue does not satisfy the definition of “approach” set forth in Rule 491; however, DOB asserts that the roadway itself is a designated arterial highway shown on the Master Plan of Arterial Highways and Major Streets (“Master Plan”) as part of the Lincoln Tunnel toll crossing and designated by the City Planning Commission (“CPC”) in its January 15, 1958 resolution (the

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