183-04-BZ CEQR#04-BSA-188M APPLICANT - Sheldon Lobel, P.C., for Dynasty 23rd Street Realty, Inc., owner; MOA, lessee. SUBJECT - Application April 30, 2004 - under Z.R. §73-36 to permit the proposed physical culture establishment on the second floor of a five story commercial building, located in a C6-3X zoning district, which requires a special permit as per Z.R. §32-10. PREMISES AFFECTED - 206 West 23rd Street, south side, between Seventh and Eighth Avenues, Block 772, Lot 52, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES - For Applicant: Richard Lobel. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chair Srinivasan, Vice-Chair Babbar and Commissioner Caliendo......................................3 Negative:....................................................................0 Absent: Commissioner Miele and Commissioner Chin............................................................................2 THE RESOLUTION: WHEREAS, the decision of the Borough Commissioner, dated April 22, 2004, acting on Department of Buildings Application No. 103536023, reads: "Proposed Physical Culture Establishment is not permitted as of right in a C6-3X district as per 32-10 of the Z.R."; and WHEREAS, a public hearing was held on this application on October 5, 2004 after due notice by publication in The City Record, and then to decision on October 26, 2004; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, consisting of Chair Srinivasan and Vice-Chair Babbar; and WHEREAS, Community Board 4, Manhattan, recommended approval of this application; and WHEREAS, this is an application under Z.R. §§ 73-36 and 73-03, to permit a proposed physical culture establishment ("PCE") use on the second floor of a building which is located within a C6-3X zoning district, contrary to Z.R. § 32-10; and WHEREAS, the subject building is located on the south side of West 23rd Street between Seventh and Eighth Avenues; and WHEREAS, the applicant represents that the proposed PCE has a total area of 1,880 square feet; and WHEREAS the applicant represents that the proposed PCE will include the following services: massage, manicure, pedicure, waxing and a hair salon; and WHEREAS, the applicant further states the 183-04-BZ CEQR#04-BSA-188M Therefore it is Resolved that the Board of Standards and Appeals issues a Negative Declaration prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617.4 and §6-07(b) of 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 Z.R. §§73-36 and 73-03, to permit a proposed physical culture establishment use on the second floor of a building which is located within a C6-3X zoning district, contrary to Z.R. §32-10; on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked "Received October 7, 2004"-(3) sheets; and on further condition; THAT this Special Permit shall be limited to a term of ten years from October 26, 2004, expiring on October 26, 2014; THAT all massages will be performed only by New York State licensed massage therapists; THAT the applicant must submit massage licenses for the Boards review and approval prior to the issuance of a temporary or permanent Certificate of Occupancy; 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 the hours of operation shall be limited to: Monday through Friday 10:00 AM to 10:00 PM; THAT sound attenuation measures shall be installed and maintained as reflected on the BSA-approved plans; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT the above conditions shall appear on the Certificate of O

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