2017-13-BZ CEQR #17-BSA-067M APPLICANT – Jay B. Itkowitz, Esq., Axelrod, owner; Rescue Spa New York SUBJECT – Application January 17, Permit (§73-36) to operate a physical establishment (Rescue Spa) within the floor of an existing building. M1-5M (Ladies' Mile Historic District) 19th PREMISES AFFECTED – 29 East 848, Lot 23, Borough of Manhattan. COMMUNITY BOARD # 5M ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Negative: .............................................................................0 THE RESOLUTION – WHEREAS, the decision of the Buildings (“DOB”), dated January 5, Alteration Application No. 122947231, pertinent part: “Proposed Physical Culture Establishment M1-5M zoning district is not pursuant to ZR 42-10 and is referred Board of Standards and Appeals permit under ZR 73-36”; and WHEREAS, this is an application, 73-36 and 73-03, to permit, in an M1-5M district, the operation of a physical establishment (“PCE”) in the cellar and floor of an 8-story mixed-use building, § 42-10; and WHEREAS, a public hearing was application on June 20, 2017, after publication in The City Record, and then June 20, 2017; and WHEREAS, Community Board waived its recommendation for this application; WHEREAS, the subject site is north side of East 19th Street, between Park Avenue South, in an M1-5M zoning Ladies’ Mile Historic District, in Manhattan; WHEREAS, the site has approximately frontage along East 19th Street, 92 feet square feet of lot area and is occupied with cellar, mixed-use commercial-and-residential building; and WHEREAS, ZR § 73-36(a) provides 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 and in certain special districts as specified provisions of such special district, the permit physical culture or health establishments defined in Section 12-10 for a term not years, provided that the following findings (1) that such use is so located impair the essential character 2017-13-BZ CEQR #17-BSA-067M shall be incorporated in the building certificate of occupancy of the subject that failure to comply with such restrictions shall constitute a violation Resolution and may constitute the basis revocation of a building permit or occupancy and for all other applicable WHEREAS, as a threshold matter, notes that the site is within the boundaries designated area in which the subject special available; and WHEREAS, the subject PCE approximately 8,992 square feet of follows: 4,406 square feet of floor area consisting of a waiting area, treatment rooms with steam rooms, and storage, and feet of floor area on the first floor, including waiting area, retail space, treatment styling area, manicure and pedicure areas, studio, offices, restrooms and check-out; WHEREAS, the PCE will be operated Spa with proposed hours of operation 9 daily; and WHEREAS, the applicant represents proposed PCE will not impair the character use or development of the surrounding area PCE will be fully contained in an existing will generate very little noise, will only and will not be a nuisance to tenants mixed-use building; and WHEREAS, accordingly, the Board PCE use is so located as to not impair character or the future use or development surrounding area; and WHEREAS, with regard to the premises, the applicant states that the will include facilities for the practice New York State licensed masseurs and WHEREAS, the Board finds that consistent with those eligible, pursuant 36(a)(2), for the issuance of the special WHEREAS, the Department of Investigation performed a background check on the corporate and operator of the establishment and thereof, and issued a report which deemed to be satisfactory; and WHEREAS, the applicant represents building is fully sprinklered and that an alarm system—including area smoke detectors, pull stations at each required exit, local visual alarms, and connection to a Fire approved central station—will be installed PCE space; and WHEREAS, by lette

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