17-02-BZ CEQR # 02-BSA-110K APPLICANT - Fredrick A. Becker, Esq., for Park Slope Fifth Avenue, NY LLC, owner; Town Sports International dba New York Sports Club, lessee. SUBJECT - Application January 7, 2002 - under Z.R. §73-36, to permit the proposed physical culture establishment, located in portions of the second and third floors, in an existing two and three-story commercial building, situated a C4-3 zoning district. PREMISES AFFECTED - 445/455 Fifth Avenue (453 Fifth Avenue), east side, between Ninth and Tenth Streets, Block 1011, Lots 5 and 8, Borough of Brooklyn. COMMUNITY BOARD #6BK APPEARANCES - For Applicant: Fredrick A. Becker. For Administration: John Scrofani, Fire Department. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Korbey and Commissioner Caliendo....4 Negative: ....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Manhattan Borough Commissioner, dated March 8, 2002 acting on ALT. Application No. 301136367 reads: “The proposed use is a Physical Culture 2nd and third floors of this Establishment on the project requires a special permit from the BSA per Sec. 32-31 of the Zoning resolution.”; and WHEREAS, a public hearing was held on this application on May 7, 2002 after due notice by publication in The City Record and laid over to June 4, 2002 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice-Chair Satish Babbar, Commissioner Mitchell Korbey and Commissioner Peter Caliendo; and WHEREAS, this is an application under Z.R. § 73-36 to permit the proposed physical culture establishment, located in portions of the second and third floors, in an existing two and three-story commercial building, situated a C4-3 zoning district; and WHEREAS, the applicant states that the total floor area of the physical culture establishment will be 20,521 square feet; and WHEREAS, the applicant maintains that the remainder of the subject premises is currently occupied by as-of-right uses which are not part of this application; and WHEREAS, the applicant represents that the interior space is specifically arranged to allow for the location of athletic equipment and that it contains facilities for classes, instruction and programs for THAT fire protection measures, including a fire alarm system, an auto-wet sprinkler system and a smoke detection system with all three systems connected to a Fire Department-approved central station, shall be provided and maintained in accordance with the BSA-approved plans; THAT this special permit shall be limited to a term of ten (10) years from the date of this grant; THAT the above conditions shall appear on the Certificate of Occupancy; THAT substantial construction shall be completed in accordance with Z.R. §73-70; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, June 4, 2002.