248-02-BZ CEQR #03-BSA-036M APPLICANT - Sheldon Lobel, P.C., for Chambers 105 Acquisition, LLC, owner; The Big Workout, Inc., d/b/a 2477 Fitness Club, lessee. SUBJECT - Application September 12, 2002 - under Z.R. §73-36 to permit within a C6-3A (Special Tribeca Mixed Use) zoning district, the legalization of an existing physical culture establishment, located in portions of the ground floor, cellar and sub-cellar level of a five-story commercial and residential building. PREMISES AFFECTED - 105/07 Chambers Street (a/k/a 160/70 Church Street and 89/91 Reade Street, Church Street, between Chambers and Reade Streets, Block 145, Lots 1001, 1002 and 1003, Borough of Manhattan. COMMUNITY BOARD #1M APPEARANCES - For Applicant: Janice Cahalane. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele....4 Negative:....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Manhattan Borough Commissioner, dated May 2, 2002 acting on ALT Application No. 102540001 reads: “A physical culture establishment is not permitted as of right in a C6-3A district. Provide Special Permit from Board of Standards and Appeals- Sec. 73-36 ZR.”; and WHEREAS, a public hearing was held on this application on March 18, 2003 after due notice by publication in The City Record and laid over to April 8, 2003 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, Vice-Chair Satish Babbar, former Commissioner Mitchell Korbey and Commissioner Joel Miele; and WHEREAS, this is an application under Z.R. §73-36 to permit, within a C6-3A (Special Tribeca Mixed Use) zoning district, the legalization of an existing physical culture establishment, located in portions of the ground floor, cellar and sub-cellar level of a five-story commercial and residential building; and WHEREAS, the subject building is located on Church Street between Chambers and Reade Streets and consists of approximately 45,378 square feet of which 8,860 square feet is utilized by the PCE; and WHEREAS, the applicant represents that the remainder of the building is occupied by commercial and residential tenants, and that there are no 248-02-BZ CEQR #03-BSA-036M New York State licensed massage therapists; 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 the above conditions shall appear on the Certificate of Occupancy; THAT the premises shall be maintained free of debris and graffiti; THAT any graffiti located on the premises shall be removed within 48 hours; THAT the 24 hour operation of the facility shall only be permitted as long as there are no residential units directly above or adjacent to the subject facility; THAT the applicant shall comply with all provisions of Local Law 58/87; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, April 8, 2003. A true copy of resolution adopted by the Board of Standards Printed in Bulletin No. 15-16, Vol. 88. Copies Sent To Applicant Fire Com'r. Borough Com'r.