173-95-BZ APPLICANT – Rothkrug Rothkrug & Spector LLP, for 85th Street Company LLC, owner; Equinox 30 East Madison Avenue, Inc., lessee. SUBJECT – Application July 12, 2017 – Extension of Term of a previously granted Special Permit (§73-36) for the continued operation of Physical Culture Establishment (Equinox) which expired on August 15, 2015; Waiver of the Rules. C5-1/R8B Special Madison Avenue Preservation District. 85th Street, Block PREMISES AFFECTED – 30 East 1496, Lot 7501, Borough of Manhattan. COMMUNITY BOARD #8M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Vice-Chair Chanda, Commissioner Ottley- Brown and Commissioner Sheta………………………3 Negative: ......................................................................0 Absent: Chair Perlmutter..............................................1 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, an extension of the term of a previously granted special permit for a physical culture establishment (“PCE”), which expired on August 15, 2015, and an amendment to the same to permit a change in operator of the PCE; and WHEREAS, a public hearing was held on this application on December 5, 2017, after due notice by publication in The City Record, with a continued hearing on February 13, 2018, and then to decision on that date; and WHEREAS, Vice-Chair Chanda and former Vice- Chair Hinkson performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 8, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located at the southwest corner of East 85th Street and Madison Avenue, partially within a C5-1 zoning district and the Special Madison Avenue Preservation District and partially within an R8B zoning district, in Manhattan; and WHEREAS, the site has approximately 120 feet of frontage along East 85th Street, 142 feet of frontage along Madison Avenue and is occupied by a 30-story mixed-use residential and commercial building; and WHEREAS, the Board has exercised jurisdiction over the subject site since March 3, 1998, when, under the subject calendar number, the Board granted a special permit, pursuant to ZR § 73-36, legalizing an existing PCE on a portion of the first floor and the entire second floor of the subject building on conditions that there be no change in ownership or operating control of the PCE without prior application to and approval from the Board; locked tamper-proof sound controllers on the aerobics and house sound systems be 173-95-BZ of the building; and WHEREAS, in response, the applicant provided plans for the subject building approved by the Department of Buildings on January 8, 1987, and indicating on the site plan, with regards to the portion of the building located in an R8-B zoning district, “R8B Treated As C5-1/R10 As Per 77-03 & 77-11;” and WHEREAS, the applicant has satisfactorily demonstrated compliance with the conditions of the previous term and the Board finds that the circumstances warranting the original grant still obtain; and WHEREAS, accordingly, the Board finds that a ten (10) year extension of the term of the special permit is appropriate, with the conditions set forth below. Therefore it is Resolved, that the Board of Standards and Appeals reopens and amends the resolution, dated March 3, 1998, as amended through August 8, 2006, so that as amended this portion of the resolution shall read: “to permit an extension of the term of the special permit for a term of ten (10) years, expiring August 15, 2025, on condition that all work and site conditions shall comply with drawings filed with this application marked ‘Received August 3, 2017- Five (5) sheets; and on further condition: THAT there shall be no change in ownership or operating control of the PCE without prior application to and approval from the Board; THAT locked tamper-proof sound controllers on the aerobics and house sound systems

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