264-13-BZ APPLICANT – Francis R. Angelino, Esq., for David Lowenfeld, owner; BBP Fitness, LLC, d/b/a Brick Crossfit NYC, lessee. SUBJECT – Application November 17, 2016 – Extension of Term of a previously approved Special Permit (§73-36) permitting a physical culture establishment (Brick CrossFit) on the ground floor and cellar of an existing 10-story building which expires on November 20, 2016. C6-2A zoning district. 17th Street, Block PREMISES AFFECTED – 257 West 767, Lot 7502, Borough of Manhattan. COMMUNITY BOARD #4M Application Denied. ACTION OF THE BOARD – THE VOTE TO GRANT – Affirmative: ..................................................................0 Negative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta.................................................5 THE RESOLUTION – WHEREAS, this is an application for an extension of the term of a previously granted special permit for a physical culture establishment (“PCE”), which expired on November 20, 2016, and an amendment of the same to change the required hours of operation; and WHEREAS, a public hearing was held on this application on July 24, 2018, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Community Board 4, Manhattan, deferred its recommendation with regards to the subject application in light of litigation still pending between the applicant PCE and residential tenants of the building in which it is located; and WHEREAS, the Community Board 4 Chelsea Land Use Committee recommended disapproval of this application; and WHEREAS, the subject site is located on the northern side of West 17th Street, between Eighth Avenue and Seventh Avenue, in a C6-2A zoning district, in Manhattan; and WHEREAS, the site has approximately 127 feet of frontage along West 17th Street, 92 feet of depth, 11,688 square feet of lot area and is occupied by ten- story plus cellar mixed-use commercial and residential building; and WHEREAS, the subject PCE occupies approximately 8,387 square feet of total floor space in the cellar (1,930 square feet) and ground floor (6,457 square feet) of the subject building and is operated at Brick Fitness; and WHEREAS, the Board has exercised jurisdiction over the subject site since October 27, 2015, when, under the subject calendar number and after eleven (11) public hearings, the Board granted a special permit, pursuant to ZR §§ 73-36 and 73-03, legalizing the 1 264-13-BZ Ball”) be practiced on the ground floor of the PCE premises; • All PCE activities on the ground floor of the subject building must be supervised by PCE faculty, and the PCE may not permit any open gym activities on the ground floor of the subject building; Classroom 1 (“Central Park”) • The PCE may offer the following class in Classroom 1: “Functional Fitness,” a strength and skill class that incorporates weight training as well as skill exercises (gymnastics, including pull-ups, handstands, etc.) and metabolic conditioning; • Classroom 1 contains (and may not exceed) 16 weight-lifting stations, all of which must utilized Rogue pads placed on top of sound absorbing weight platforms, as indicated on BSA-approved plans; • Barbell movements incorporated into classes held within Classroom 1 are permitted but participants may not perform, nor may the PCE permit, drops of weights or weighted objects from any point higher than “waist height”; • Under no circumstances are weight drops, from any height, permitted in Classroom 1 (or elsewhere on the ground floor of the PCE premises) before 7:00 a.m. or after 9:00 p.m.; • Weight drops of any kind, of any weight, are prohibited at all times at that portion of Classroom 1 designated “G-2” on the BSA- approved plans; • No more than 18 attendees are permitted to attend any class offered within Classroom 1 at one time; • Outside of scheduled classes, Classroom 1 (“Central Park”) is to remain empty and unused; Classroom 2 (“East Village

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