2017-62-BZ CEQR #17-BSA-103M APPLICANT – Akerman, LLP, for 387 Park South LLC c/o Chicago Deferred Exchange, owner; Barry’s Bootcamp NYC, LLC, lessee. SUBJECT – Application March 13, 2017 – Special Permit (§73-36) to permit the operation of a physical cultural establishment (Barry's Bootcamp) to be located within a portion of an existing building's first floor contrary to ZR §32-10. C6-4A and C4-5A zoning districts. PREMISES AFFECTED – 387 Park Avenue South, Block 883, Lot 1, Borough of Manhattan. COMMUNITY BOARD #5M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – 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 February 16, 2017, acting on Alteration Application No. 122773169, reads in pertinent part: “Proposed ‘Physical Culture Establishment’ is not permitted As-Of-Right as per section ZR 32-10”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, partially in a C6-4A zoning district and partially in a C4-5A zoning district, the legalization of a physical culture establishment on a portion of the first floor of the subject building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on May 8, 2018, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Vice-Chair Chanda performed and inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 5, Manhattan, waives its recommendation for this application; and WHEREAS, the subject site is located on the northeast corner of Park Avenue South and East 27th Street, partially in a C6-4A zoning district and partially in a C4-5A zoning district, in Manhattan; and WHEREAS, the subject site has approximately 99 feet of frontage along Park Avenue South, 167 feet of frontage along East 27th Street, 16,458 square feet of lot area and is occupied by a twelve-story, with cellar, commercial building; and WHEREAS, ZR § 73-36(a) provides that in C1- 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board may permit physical culture or health establishments as defined in Section 12-10 for a term not to exceed ten 2017-62-BZ CEQR #17-BSA-103M 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 subject PCE will occupy 5,469 square feet of floor area on the first floor, including reception, a fuel bar, a flex lab, a fitness area with benches, treadmills and weights, lockers, changing rooms, showers, laundry and a utility closet; and WHEREAS, the PCE has been in operation as Barry’s Bootcamp since October 2016, with the following hours of operation: 5:00 a.m. to 11:00 p.m. daily; and WHEREAS, the applicant represents that the PCE use is consistent with the vibrant mixed-use area in which it is located, that the PCE use is fully contained within the envelope of an existing building and that the PCE use is compatible with the commercial, multiple- family, and mixed-use buildings in the vi

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