2019-50-BZ CEQR #19-BSA-103M APPLICANT – Jay Goldstein, Esq., for DLMC Inc., owner; Trinity Boxing and Athletic Club Inc., lessee. SUBJECT – Application March 18, 2019 – Special Permit (§73-36) to legalize the operation of a Physical Culture Establishment (Trinity Boxing) on portions of the cellar, first and mezzanine level of an existing building contrary to ZR §42-10. C6-2A zoning districts. PREMISES AFFECTED – 116 Duane Street, Block 150, Lot 19, Borough of Manhattan. COMMUNITY BOARD #1M 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 February 14, 2019, acting on DOB Alteration Type I Application No. 123675585, reads in pertinent part: “Proposed physical culture establishment in C6-2A zoning district is contrary to section 32-10 ZR and requires a special permit from the BSA (73-36);” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C6-2A zoning district, a physical culture establishment (“PCE”) on portions of the cellar level, first second floor and mezzanine of an existing five- (5) story with cellar and mezzanine mixed-use residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on August 13, 2019, after due notice by publication in The City Record, with a continued hearing on October 29, 2019, and then to decision on that date; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta, and Commissioner Scibetta performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 1, Manhattan, recommends approval of this application; and WHEREAS, the Board was in receipt of letters in support and in opposition to the subject application; and WHEREAS, the subject site is located on the south side of Duane Street, between Church Street and Broadway, within a C6-2A zoning district, in Manhattan; and WHEREAS, the site has approximately 25 feet of frontage along Duane Street, 117 feet of depth, 2,917 square feet of lot area, and is occupied by an existing five- (5) story with cellar and mezzanine mixed-use residential and commercial building; and 2019-50-BZ CEQR #19-BSA-103M 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 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 2,917 square feet of floor space in the cellar with accessory storage space; 2,917 square feet of floor area on the first floor with areas for reception, heavy bags and a boxing ring, lockers, restrooms and changing rooms; and 250 square feet of floor area on the mezzanine level with accessory storage space; and WHEREAS, the PCE began operation in October 2016, as

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