2017-263-A APPLICANT – Tarter Krinsky & Drogin LLP, for Westbroad Company, LLC, owner; Outfront Media, LLC, lessee. SUBJECT – Application September 7, 2017 – Appeal from Department of Buildings determination that advertising sign is not entitled to continuing non- conforming use status at current size due to a purported gap in evidence of continued use, ignoring the Department's own prior concession of continued use. PREMISES AFFECTED – 62-66 West Broadway, Block 132, Lot 1, Borough of Manhattan. COMMUNITY BOARD #1M Application withdrawn. ACTION OF THE BOARD – THE VOTE TO WITHDRAW – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta………………...…………….…5 Negative:…………………………………...…………0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated August 10, 2017, acting on Sign Application No. 122796420, reads in pertinent part: The request, to accept the submitted documentation as evidence that the 792 square feet non-illuminated advertising wall sign is a lawful non-conforming use that may continue on the northern façade of the premises, currently located in a C6-2A zoning district, is hereby denied. . . . In this ZRD1, the applicant requested confirmation that the existing non- conforming flex sign is 792 square feet in area and not the smaller 525 square foot area stated in the 1990 painted wall Sign application No. 100084837, and that the 792 square foot sign may continue pursuant to ZR 52-61. To demonstrate that the flex advertising sign was a lawful use on June 28, 1995, the date of the rezoning, the applicant submits the following: 1. an undated photograph of the wall sign on the northern façade of the premises showing an advertisement for “Guys and Dolls” and “The Who’s Tommy”; and 2. computer screenshots from Wikipedia.org’s website showing the “Guys and Dolls” performance dates from April 14, 1992 to January 8, 1995, and “The Who’s Tommy” April 22, 1993 performance date. To demonstrate that the flex advertising sign at the premises has not discontinued for two or more years, the applicant submits the following evidence, as follows: 2017-263-A City of New York (“ZR” or the “Zoning Resolution”) and Section 666(6)(a) of the New York City Charter, brought on behalf of Westbroad Company, LLC (“Appellant”), alleging errors in the above determination pertaining to whether an advertising sign at the subject site is a lawful non-conforming use under the Zoning Resolution; and WHEREAS, a public hearing was held on this application on February 26, 2019, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Vice-Chair Chanda performed an inspection of the site and surrounding neighborhood; and WHEREAS, the subject site is located at the northwest corner of West Broadway and Murray Street, located in a C6-2A zoning district, in the Special Tribeca Mixed Use District, in Manhattan; and WHEREAS, this appeal concerns an advertising sign with a surface area of 792 square feet (22 feet by 36 feet) located on the wall of a six-story, with cellar, commercial building; and WHEREAS, Appellant commenced this appeal on September 12, 2017; and WHEREAS, Appellant states that the subject sign constitutes a lawful non-conforming use because the subject site has been used continuously for advertising from 1990 to the present and that the subject sign became nonconforming in 1995 when the subject site was rezoned from an M1-5 zoning district to a C6-2A zoning district; and WHEREAS, Appellant states that DOB has changed its determination with respect to the subject site, and DOB now concurs that Appellant’s “evidence demonstrates that the sign displayed copy at the subject premises continuously” and “may hereafter continue at the present location”; and WHEREAS, accordingly, Appellant requests withdrawal of this appeal. Therefore, it is Resolved, that the Board of Standards and Appeals does hereby permit this ap

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