301-05-BZ CEQR #06-BSA-022M APPLICANT – Sheldon Lobel, P.C., for Jeanette Impaglia, owner. SUBJECT – Application October 12, 2005 – Special Permit: Z.R. §73-36 – to permit the operation of a Physical Culture Establishment on the second floor mezzanine of a building located within a C6-3X zoning district. 8th PREMISES AFFECTED – 410 Avenue, located on 8th 30th 31st Avenue between and the East side of Streets, Block 780, Lot 76, Borough of Manhattan COMMUNITY BOARD #5M APPEARANCES – For Applicant: Josh Rinesmith. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Chin and Commissioner Collins............4 Negative:.......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Manhattan Borough Commissioner, dated September 12, 2005, acting on Department of Buildings Application No. 104165653, reads, in pertinent part: “Proposed use physical culture establishment is not permitted as of right and is contrary to ZR 32-10.”; and WHEREAS, this is an application under ZR §§73- 36 and 73-03, to permit, within a C6-3X zoning district, a proposed physical culture establishment (“PCE”) to be located on the second floor mezzanine of an existing building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on March 7, 2006, after due notice by publication in The City Record, and then to decision on March 28, 2006; and WHEREAS, Community Board 5, Manhattan, recommends approval of this application; and WHEREAS, the New York City Fire Department has indicated to the Board that it has no objection to this application; and WHEREAS, the subject site is located on the east 30th 31st and Streets, side of Eighth Avenue, between and has a lot area of 2,500 sq. ft.; and WHEREAS, the subject PCE will occupy 1,996 sq. ft. on the second floor mezzanine; and WHEREAS, the applicant represents that the PCE will provide massage services by licensed massage professionals; and WHEREAS, the PCE will have the following hours of operation: daily, 10:00 AM to 1:00 AM; and WHEREAS, at hearing, the board raised the issue of how access would be granted to the second floor mezzanine; and WHEREAS, the applicant responded that there is a common doorway serving the buildings at 410 and 301-05-BZ CEQR #06-BSA-022M of the required findings under ZR §§ 73-36 and 73-03, to permit, within a C6-3X zoning district, a proposed physical culture establishment to be located on the second floor mezzanine of an existing building; on condition that all work shall substantially conform to drawings as they apply to the objections above noted filed with this application marked “Received December 30, 2005”-(1) sheet; and on further condition: THAT the term of this grant shall be for ten years from the date of the grant, expiring on March 28, 2016; 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 hours of operation shall be limited to daily, 10:00AM to 1:00AM; THAT all massages shall be performed only by New York State licensed massage professionals; THAT the above conditions shall appear on the Certificate of Occupancy; THAT an easement granting common ingress and egress for 410 and 412 Eighth Avenue will be maintained; THAT the recording information for the easement shall be listed 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) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure com

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