198-09-BZ CEQR #09-BSA-121M APPLICANT – Eric Palatnik, P.C., for Chelsea Lofts Corp., owner; Personal Training Institute, lessee. SUBJECT – Application June 29, 2009 – Special Permit (§73-36) to allow the operation of the proposed physical culture establishment (Personal Training Institute) on the first floor of an eight-story building. C6-3A zoning district. 19th PREMISES AFFECTED – 143 West Street, between Sixth and Seventh Avenues, Block 795, Lot 14, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Eric Palatnik. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez .......................................5 Negative:.....................................................................0 THE RESOLUTION – WHEREAS, the decision of the Manhattan Borough Commissioner, dated September 4, 2009, acting on Department of Buildings Application No. 120018140, reads in pertinent part: “A physical culture establishment is not a permitted ‘as-of-right’ use in a C6-3A zoning district.;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-3A zoning district, a physical culture establishment (PCE) on the first floor of an eight-story mixed-use commercial/residential building, contrary to ZR § 32- 10; and WHEREAS, a public hearing was held on this application on September 15, 2009, after due notice by publication in the City Record, with a continued hearing on October 20, 2009, and then to decision on November 17, 2009; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Vice-Chair Collins, Commissioner Hinkson, and Commissioner Ottley-Brown; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the 19th Street, between Sixth Avenue north side of West and Seventh Avenue, in a C6-3A zoning district; and WHEREAS, the site is occupied by an eight-story mixed-use commercial/residential building; and WHEREAS, the PCE has a total floor area of approximately 9,600 sq. ft. on the first floor; and WHEREAS, the PCE is operated as Personal Training Institute; and WHEREAS, the proposed hours of operation are: Monday through Thursday, from 6:00 a.m. to 9:30 p.m.; 198-09-BZ CEQR #09-BSA-121M 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-3A zoning district, the establishment of a PCE on the first floor of an existing eight-story mixed-use commercial/residential building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received October 6, 2009”- One (1) sheet and “Received October 29, 2009”- One (1) sheet and on further condition: THAT the term of this grant shall expire on November 17, 2019; 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 all massages shall be performed by New York State licensed massage therapists; THAT sound attenuation measures shall be installed in accordance with the BSA-approved plans; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT fire safety measures shall be installed and/or maintained as shown on the Board-approved plans; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code, an

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