258-08-BZ CEQR #09-BSA-038M APPLICANT – Rizzo Group, for Robert G. Friedman, owner; Mid City Gym and Tanning LLC, lessee. SUBJECT – Application October 20, 2008 – Special Permit (§73-36) to allow the proposed Physical Culture Establishment on the cellar in a 41-story mixed-use building. The proposal is contrary to ZR § 32-10. C6-4 district. 42nd PREMISES AFFECTED – 343-349 West Street, 42nd 8th Street, mid-block between Avenue located on 9th Avenue, Block 1033, Lot 9, Borough of and Manhattan. COMMUNITY BOARD #4M APPEARANCES – None. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez.......................................5 Negative:......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Manhattan Borough Commissioner, dated October 10, 2008, acting on Department of Buildings Application No. 104829928, reads in pertinent part: “Physical culture establishment (PCE) use requires a special permit from the Board of Standards and Appeals under ZR Section 73- 36;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site in a C6-4 zoning district within the Special Clinton District, the establishment of a physical culture establishment (“PCE”) in the cellar of an existing 41-story mixed-use residential/commercial/ community facility building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on February 3, 1009, after due notice by publication in The City Record, and then to decision on February 24, 2009; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by Commissioner Hinkson; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the 42nd 8th Street between Avenue and north side of West 9th Avenue, in a C6-4 zoning district within the Special Clinton District; and WHEREAS, the site is occupied by a 41-story mixed-use residential/commercial/ community facility building; and WHEREAS, the PCE will occupy a total of 8,400 sq. ft. of area in the cellar; and WHEREAS, the PCE will be operated as “Mid City Gymnasium;” and 258-08-BZ CEQR #09-BSA-038M 617 and § 6-07(b) of the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site in a C6-4 zoning district within the Special Clinton District, the establishment of a physical culture establishment in the cellar of an existing 41- story mixed-use residential/commercial/community facility building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received January 29. 2009”- (2) sheets and “Received February 18, 2009”- (1) sheet; and on further condition: THAT the term of this grant shall expire on February 24, 2019; 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 all massages shall be performed by New York State licensed massage therapists; THAT all signage shall comply with C6-4 zoning regulations; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT fire safety measures shall be installed and/or maintained as shown on the Board-approved plans; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; THAT substantial construction be completed in accordance with ZR § 73-70; and THAT

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