271-81-BZ APPLICANT – Rothkrug Rothkrug & Spector LLP, for Pan Am Equities, owner; NYHRC, lessees. SUBJECT – Application November 4, 2016 – Extension of Term of a Special permit (§73-36) which permitted the operation of a Physical Culture Establishment (New York Health and Racquet Club) which expired on October 6, 2016; Extension of Time to obtain a Certificate of Occupancy which expired on September 15, 2010; Waiver of the Rules. C6-6/C6-6.5 (MID) zoning district. 56th Street, PREMISES AFFECTED – 110/12 West Block 1008, Lot 7501, Borough of Manhattan. COMMUNITY BOARD #5M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta..............................................................................4 Negative: .....................................................................0 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, an extension of term of a special permit, previously granted by the Board, which expired October 6, 2026, and an extension of time to obtain a certificate of occupancy; and WHEREAS, a public hearing was held on this application on January 23, 2018, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding area; and WHEREAS, Community Board 5, Manhattan, waives its recommendation for this application; and WHEREAS, the subject site is located on the south side of West 56th Street, west of Avenue of the Americas, partially within a C6-6 zoning district and partially within a C6-6.5 zoning district, in the Special Midtown District, in Manhattan; and WHEREAS, the site has approximately 75 feet of frontage along West 56th Street, 100 feet of depth, 7,531 square feet of lot area and is occupied by a 32- story, with cellar, mixed-use building; and WHEREAS, the Board has exercised jurisdiction over the subject site since October 6, 1981, when, under the subject calendar number, the Board granted a special permit to permit the change in use of an accessory health club to a physical culture establishment (“PCE”) for a term of five (5) years, expiring October 6, 1986, on condition that the hours of operation be restricted to 7:30 a.m. to 10:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m., Saturday and Sunday and that the special permit shall lapse with any change in ownership or control; and WHEREAS, on December 2, 1986, under the 271-81-BZ feet of floor area on the second floor, 3,585 square feet of floor area on the third floor, 747 square feet of floor area on the third-floor mezzanine, 2,831 square feet of floor area on the fourth floor and 663 square feet of floor area on fourth-floor mezzanine; and WHEREAS, the applicant submits that approved fire alarm and sprinkler systems are installed throughout the PCE; and WHEREAS, the Board notes that it has not received oral or written testimony in opposition to the continuation of the PCE use; and WHEREAS, the Board finds that the circumstances warranting the original grant still obtain and that the applicant has substantially complied with the conditions and safeguards during the prior term; and WHEREAS, based upon its review of the record, the Board finds that the requested relief is appropriate with certain conditions set forth below and that the applicant has substantiated a basis to warrant exercise of discretion to grant. Therefore it is Resolved, that the Board of Standards and Appeals does hereby waive the Rules of Practice and Procedure and reopen and amend the resolution, dated October 6, 1981, as amended through September 15, 2009, so that as amended this portion of the resolution shall read: “to grant an extension of term for ten (10) years, expiring October 6, 2026, and an extension of time to obtain a certificate of occupancy for four (4)

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