228-13-BZ 67th APPLICANT – Pryor Cashman LLP, for 45 West Street Development Company, owner; Crossfit, NYC lessee. SUBJECT – Application June 20, 2016 – Extension of Term of a previously approved Special Permit (§73-36) permitting the operation of a physical culture establishment (Cross Fit) located in the cellar level of an existing 31-story building which expired on May 20, 2016. C4-7 (SLSD) zoning district. PREMISES AFFECTED – 157 Columbus Avenue, Block 1120, Lot 7501, Borough of Manhattan. COMMUNITY BOARD #7M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Commissioner Ottley- Brown, Commissioner Montanez and Commissioner Chanda...............................................................................4 Negative: ..........................................................................0 THE RESOLUTION – WHEREAS, this is an application for an extension of term of a special permit for a physical culture establishment (“PCE”) previously granted by the Board, which expired on May 20, 2016; and WHEREAS, a public hearing was held on this application on June 6, 2017, after due notice by publication in The City Record, and then to decision on July 11, 2017; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 7, Manhattan, recommends approval of this application on condition that the PCE obtain a temporary certificate of occupancy (“TCO”) listing 18 conditions of the special permit listed on the current TCO within 60 days of renewal, that no PCE activities occur on the public thoroughfare on the block and that the PCE comply with the conditions of the special permit; and WHEREAS, the subject site is located on the northeast corner of Columbus Avenue and West 67th Street, in an R8 (C4-7) zoning district and the Special Lincoln Square District, in Manhattan; and WHEREAS, the site has approximately 100 feet of frontage along Columbus Avenue, 150 feet of frontage along West 67th Street, 15,063 square feet of lot area and is occupied by a 31-story, with cellar, mixed-use commercial and residential building; and WHEREAS, the Board has exercised jurisdiction over the subject site since May 20, 2014, when, under the subject calendar number, the Board granted an application to permit the operation of a PCE in the cellar for a term of four (4) years, expiring May 20, 2016, on condition that the PCE use be limited to the C4-7 zoning district portion of the site, that the wall separating the C4-7 portion of the site from the R8 zoning district portion of the site be maintained, as reflected on the Board-approved plans, that no PCE use 228-13-BZ permit will not interfere with any public improvement project and that the use will not interfere with the existing street system; and WHEREAS, the Board notes that ZR § 73-03 subsections (d) and (g) are inapplicable to the subject application; and WHEREAS, § 73-36 mandates a term not to exceed ten (10) years and, thus, pursuant to ZR § 73- 03(e), the Board shall establish a term not to extend ten (10) years; and WHEREAS, with regard to the absence of reference to the PCE on the last issued TCO, the applicant explains that, because the special permit had expired, the certificate of occupancy could not be renewed with reference to the PCE until the special permit was renewed; and WHEREAS, consistent with ZR § 73-03(f), the Board finds that the circumstances warranting the original grant still obtain and that the applicant has complied with the conditions and safeguards theretofore described by the Board during the prior term; and WHEREAS, based upon its review of the record, the Board finds that a ten (10) year extension is appropriate with certain conditions as set forth below. Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, dated May 20, 2014, so that as amended this portion of the resolution shall read: “to

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