189-08-BZ APPLICANT – Law Office of Fredrick A. Broadway Mercer Associates, owner; TSI Street, LLC dba New York Sports Club, lessee. SUBJECT – Application December 13, Extension of Term of a previously approved Permit (§73-36) which permitted the legalization Physical Culture Establishment (New York Club) in the cellar, first and second floors story mixed-use building which expired on 18, 2018. C6-2 NOHO Historic District. PREMISES AFFECTED – 232 Mercer Street, 532, Lot 15, Borough of Manhattan. COMMUNITY BOARD #2M Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……………………………..…5 Negative: …………………………………...…………0 THE RESOLUTION – WHEREAS, this is an application for of the term of a special permit for a physical establishment (“PCE”), previously granted by pursuant to ZR § 73-36, which expired on November 2018; and WHEREAS, a public hearing was held application on February 12, 2019, after due publication in The City Record, with a hearing on March 26, 2019, and then to decision date; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 2, waived its recommendation of this application; WHEREAS, the subject site is a bound by Mercer Street to the west and Broadway the east, between Bleecker Street and West in C6-2 zoning district and in the NoHo District, in Manhattan; and WHEREAS, the site has approximately frontage on each Mercer Street and Broadway, of depth, approximately 15,000 square feet and is occupied by two (2) buildings: an eight- mixed-use commercial and residential building twelve-story commercial building; and WHEREAS, the subject PCE is located portions of the cellar (5,676 square feet of floor first floor (4,610 square feet of floor area) floor (15,000 square feet of floor area) of buildings; and WHEREAS, the Board has exercised over the subject site since February 2, 1999 under BSA Cal. No. 7-97-BZ, the Board special permit, pursuant to ZR § 73-36, to existing PCE in the cellar level, first and second 189-08-BZ WHEREAS, the applicant represents has been no change in ownership or operation the subject PCE continues to operate as Sports Club; massages continue to be performed by New York State licensed massage therapists, hours of operation have been limited by one Friday and Saturday and are now as follows: to 11:00 p.m. Monday through Thursday, 9:00 p.m. Friday, 6:00 a.m. to 9:00 p.m. Saturday, 7:00 a.m. to 8:00 p.m. Sunday; and WHEREAS, the applicant represents approved sprinkler system and interior system—including area smoke detectors, stations at each required exit, local audible alarms, connection of the interior fire sprinklers to a FDNY-approved central maintained throughout the PCE space; and WHEREAS, by letter dated March 14, Fire Department states that an inspection performed on February 12, 2019, by the Licensed Public Place of Assembly (“LPPA”) a violation order (E552535) was issued for obtain a certificate of operation for the public space; that the fire alarm, standpipe and systems were inspected and tested satisfactory Department, and they have no objection to rendering a decision on the application as the Fire Prevention will continue to inspect these and enforce all outstanding violation orders; WHEREAS, over the course of hearings, Board raised concerns regarding approval sets of banners and poles located on the Mercer façade of the premises, by the New Landmarks Preservation Commission (“LPC”); WHEREAS, in response, the applicant an LPC Certificate of Appropriateness, dated 13, 2012 (“COFA 13-8935”), as well as approved plans, dated November 27, 2012, LPC’s approval of those banners; and WHEREAS, pursuant to ZR § 73-03(f), applicant has satisfactorily demonstrated with the conditions of the previous term and finds that the circumstances warranting grant still obtain; and WHEREAS, accordingly, the Boar

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