2016-4240-BZ CEQR #17-BSA-011M APPLICANT – Law Office of Fredrick A. Becker, for Thor 1231 Third Avenue LLC, owner; TSI 1231 Third Avenue dab NYSC, lessee. SUBJECT – Application August 11, 2016 – Special Permit (§73-36) to legalize the operation of a physical culture establishment (New York Sports Club) on a portion of the first floor and cellar of the subject premises. C1-9 zoning district. PREMISES AFFECTED – 1231 Third Avenue, Block 1426, Lot 1, Borough of Manhattan. COMMUNITY BOARD #8M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta and Commissioner Scibetta...........................................5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Manhattan Borough Commissioner, dated July 20, 2016, acting on Department of Buildings (“DOB”) Application No. 122813223, reads in pertinent part: Proposed ‘Physical Culture Establishment’ is not permitted As-Of-Right as per Section ZR 32-10 and is referred to the Board of Standards and Appeals for a special permit under ZR 73-36; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C1-9 zoning district, a physical culture establishment (“PCE”) on portions of the cellar level and first floor of an existing four- (4) story plus cellar mixed-use residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on December 11, 2018, after due notice by publication in The City Record, with continued hearings on February 12, 2019, and May 7, 2019, and then to decision on that date; and WHEREAS, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the subject site and surrounding neighborhood; and WHEREAS, Community Board 8, Manhattan, recommends approval of this application; and WHEREAS, the Board was in receipt of one (1) form letter in support of this application; and WHEREAS, the subject site is located on the southeast corner of Third Avenue and East 71st Street, within a C1-9 zoning district, in Manhattan; and WHEREAS, the site has approximately 102 feet of frontage along Third Avenue, 91 of frontage along East 71st Street, 9,254 square feet of lot area and is occupied by an existing four- (4) story plus cellar mixed-use residential and commercial building; and WHEREAS, ZR § 73-36(a) provides that in C1- 2016-4240-BZ CEQR #17-BSA-011M each of the findings required by this Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and WHEREAS, the Board notes that pursuant to ZR § 73-04, it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the applicant represents that the PCE occupies 1,668 square feet of floor area on the first floor with the PCE entrance and lobby, fitness area and office; and 7,775 square feet of floor space in the cellar with a fitness studio, cycling studio, lounge and reception area, a changing area with showers, men’s and women’s restrooms, and areas for staff, storage and mechanical equipment; and WHEREAS, the PCE began ope

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