321-06-BZ CEQR #07-BSA-045M APPLICANT – The Law Office of Fredrick A. Becker, for Park Towers South Company LLC, owner; Yelo, LLC, owner. SUBJECT – Application December 13, 2006 – Special Permit (§73-36) to allow the operation of a Physical Culture Establishment in a portion of the first floor of a multi-story mixed use building. 57th PREMISES AFFECTED – 315 West Street, north 57th Street, 200’ west of Eighth Avenue, side of West Block 1048, Lot 20, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Lyra Altman. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Commissioner Ottley- Brown and Commissioner Hinkson…………………...3 Negative:.......................................................................0 Absent: Vice Chair Collins..........................................1 THE RESOLUTION: WHEREAS, the decision of the Manhattan Borough Commissioner, dated December 11, 2006, acting on Department of Buildings Application No. 104598927, reads in pertinent part: “Proposed use of physical cultural establishment of a relaxation and reflexology therapy in Commercial C6-4/((CL) special Clinton) district at basement floor, is contrary to ZR-32-10 (uses permitted as of right)”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-4 zoning district, within the Special Clinton District (CL), the establishment of a physical culture establishment (PCE) in a portion of the cellar of an existing 19-story mixed-use residential/commercial building, contrary to ZR §§ 32-10 and 98-02; and WHEREAS, a public hearing was held on this application on May 22, 2007 after due notice by publication in The City Record, and then to decision on June 5, 2007; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by Chair Srinivasan; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application, on the condition that the Department of Investigation background check required by § 73-36 of the Zoning Resolution is satisfactorily completed; and WHEREAS, the subject site is located on the north side of West 57th Street, between Eighth and Ninth Avenues; and WHEREAS, the site is currently occupied by a 19- story mixed-use residential/commercial building; and WHEREAS, the PCE will occupy 1,790 sq. ft. of floor space in the “basement” level of the building, 321-06-BZ CEQR #07-BSA-045M Therefore it is Resolved that the Board of Standards and Appeals issues a Negative Declaration and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-4 (CL) zoning district, the establishment of a physical culture establishment in a portion of the basement level of an existing 19-story mixed-use residential/commercial building, contrary to ZR §§ 32-10 and 98-02; on condition that all work shall substantially conform to drawings filed with this application marked “Received April 24, 2007”-(3) sheets; and on further condition: THAT the term of this grant shall expire on June 5, 2017; 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: Monday through Friday, 10:00 a.m. to 9:00 p.m. and Saturday 10:00 a.m. to 6:00 p.m.; THAT all massages shall be performed by New York State licensed massage therapists; 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; and T

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