2018-120-BZ APPLICANT – Bryan Cave Leighton Paisner LLP, for Silverstein MB LLC, owner; Silverstein MB LLC, lessee. SUBJECT – Application July 19, 2018 – Special Permit (§73-36) to permit the operation of a Physical Cultural Establishment (550 West 41st Gym) to be located within a proposed building contrary to ZR §32- 10. C6-4 Special Hudson Yards District. 41st Street, Block PREMISES AFFECTED – 550 West 1069, Lot 1, Borough of Manhattan. COMMUNITY BOARD #4M Application granted on ACTION OF THE BOARD – 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 June 6, 2018, acting on DOB Application No. 121203973, reads in pertinent part: Proposed physical culture establishment is not permitted as-of-right in a C6-4 zoning district per ZR Section 32-10, and therefore requires a special permit from the Board of Standards and Appeals pursuant to ZR Section 73-36; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, on a site located in an C6-4 zoning district and in the Special Hudson Yards District, a physical culture establishment (“PCE”) on the fourth floor, mezzanine and fourth floor terrace, of a proposed 57-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 February 5, 2019, after due notice by publication in The City Record, with a continued hearing on March 5, 2019, and then to decision on that same date; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application on condition that, in the event of a new PCE operator, the applicant introduce the new PCE operator to the Community Board 4 Land Use Committee and arrange for a tour of the operating PCE; and WHEREAS, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, the subject site is located on the southeast corner of West 41st Street and 11th Avenue, in a C6-4 zoning district and in the Special Hudson Yards District, in Manhattan; and WHEREAS, the site has approximately 197 feet of frontage on West 41st Street, 198 feet of frontage on 11th Avenue, 223 feet of frontage on West 40th Street, 1 2018-120-BZ (5) that the Board shall prescribe appropriate controls to minimize adverse impacts on the surrounding area, including but not limited to, requirements for the location, size and types of signs, limitations on the manner and/or hours of operation, shielding of floodlights, adequate screening, and the control of undue noise including the amplification of sound, music or voices; WHEREAS, ZR § 73-36(c) provides that no special permit shall be issued unless: (1) the Board shall have referred the application to the Department of Investigation for a background check of the owner, operator and all principals having an interest in any application filed under a partnership or corporate name and shall have received a report from the Department of Investigation which the Board shall determine to be satisfactory; and (2) the Board, in any resolution granting a special permit, shall have specified how 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

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