201-04-BZ CEQR #04-BSA-200M APPLICANT - Eric Palatnik, P.C., for Marilyn Levine & Melvin Mesnick, Urban Spa, Inc., dba Carapan, lessee. SUBJECT - Application May 14, 2004 - under Z.R. §73-36, to permit the legalization of an existing physical culture establishment, located in the basement level of a four story commercial structure, situated in a C6-2M zoning district, which requires a special permit. 16th PREMISES AFFECTED - 5 West Street, between Fifth Avenue and Avenue of the Americas, Block 818, Lot 37, Borough of Manhattan. COMMUNITY BOARD #5M APPEARANCES - For Applicant: Eric Palatnik. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO REOPEN HEARING - Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE VOTE TO CLOSE HEARING - Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE VOTE TO GRANT - Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner dated April 19, 2004, acting on Department of Buildings Application No. 103313022, reads: “The proposed Physical Culture Establishment is not a permitted ‘As-Of Right’ use in a C6-2M District. The use is contrary to ZR 32-00.”; and WHEREAS, a public hearing was held on this application on March 29, 2005 after due notice by publication in The City Record, and then to decision on April 19, 2005; and WHEREAS, Community Board No. 5, Manhattan, recommends approval of this application; and WHEREAS, this is an application under Z.R. §§ 73-36 and 73-03, to permit, within a C6-2M zoning district, a physical culture establishment (“PCE”) in the basement of an existing four-story commercial building; and WHEREAS, the PCE has been in operation for approximately 15 years; and WHEREAS, the PCE occupies the basement floor of the building and takes up approximately 1,400 square feet; and WHEREAS, the applicant states that the PCE has facilities for massage and other healing therapies, 201-04-BZ CEQR #04-BSA-200M 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 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, within a C6-2M zoning district, a physical culture establishment in the basement of an existing four- story commercial building; on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received April 12, 2005”- (2) sheets and “Received April 18, 2005”-(1) sheet; and on further condition: THAT this grant shall be limited to a term of five years from April 19, 2005, expiring April 19, 2010; THAT all massages will be performed only by New York State licensed massage therapists; 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 Sunday 10 AM to 11 PM; THAT the above conditions shall appear on the Certificate of Occupancy; THAT all signage shall comply with signage regulations applicable in C6-2M zoning districts; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT a full sprinkler system and a Class C fire alarm system shall be installed throughout the PCE, as indicated on the BSA-approved plans; THAT this approval is limited to the relief granted by the Boar

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