242-01-BZ 02-BSA-010M APPLICANT - Rosenman & Colin, LLP for DPSW West 14 LLC, owner, Clay, LLC, lessee. SUBJECT - Application July 20, 2001 - under Z.R. §73-36 to permit the proposed use of the second floor of a two story commercial building as a physical culture establishment, located in a C6-2M zoning district, which requires a special permit under Z.R. §32-31. PREMISES AFFECTED - 25 West 14th Street, north midblock of 14th Street, between Fifth and Sixth Avenues, Block 816, Lot 23, Borough of Manhattan. COMMUNITY BOARD #5M APPEARANCES - None. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar and Commissioner Korbey .................................................3 Negative: Commissioner Caliendo................................1 THE RESOLUTION - WHEREAS, the decision of the Manhattan Borough Commissioner, dated June 25, 2001 acting on Applic. No. 102511541 reads: “1. Proposed use is a physical culture establishment, which requires a special permit from the Board of Standards and Appeals pursuant to Zoning Resolution Section 73-36.”; and WHEREAS, a public hearing was held on this application on December 11, 2001 after due notice by publication in The City Record and laid over to January 8, 2001 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin and Commissioner Mitchell Korbey; and WHEREAS, this is an application under Z.R. §73- 36 to permit the proposed use of the entire second floor of a two story commercial building as a physical culture establishment, known as Clay LLC located on the north midblock of West 14th Street in a C6-2M zoning district; and WHEREAS, the subject physical culture establishment will occupy 18,615 square feet of the second floor of the Building; and WHEREAS, patrons will enter the Facility through a 450 square foot first floor lobby entrance on the West 14th Street frontage of the building via either the elevator or the staircase to the second floor; and WHEREAS, in addition to the staircase, there will be an additional emergency exit from the stairs on the west side of the Facility that exit on West 14th Street; and WHEREAS, the remainder of the first floor of the building is currently vacant, but will be occupied by a retail entity that will be separate and distinct from the Facility; and WHEREAS, there will be public access to the 242-01-BZ 02-BSA-010M WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement; and WHEREAS, therefore, the Board has determined that the proposed action will not result in any significant environmental effects. Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental quality Review and makes the required findings under §73-36, to permit the proposed use of the second floor of a two story commercial building as a physical culture establishment, located in a C6-2M zoning district, which requires a special permit under Z.R. §32-31, on condition that all work shall substantially conform to drawings as they apply to the objections above-noted, filed with this application marked “Received July 20, 2001”-(1) sheet and “October 30, 2001"-(5) sheets and “December 18, 2001"-(4) sheets; and on further condition; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT, fire protection measures, including a smoke detection system as well as a wet sprinkler system connected to a Fire Department-approved central station, shall be provided and maintained in accordance with the BSA-approved plans; THAT this special permit shall be limited to a term of ten years from the date of this grant; THAT the h

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