331-09-BZ CEQR #10-BSA-036M APPLICANT – Slater & Beckerman, LLP, for 141 East 45th Street, LLC, owner; R. H. Massage Services, P.C., lessee. SUBJECT – Application December 22, 2009 – Special Permit (§73-36) to legalize the operation of a physical culture establishment (River View Spa) located on the second and third floors in an existing three-story building. C5-2.5 zoning district. 45th Street, north PREMISES AFFECTED – 141 East 4th Street, between Lexington Avenue and side of East Third Avenue, Block 1300, Lot 26, Borough of Manhattan. COMMUNITY BOARD #6M APPEARANCES – For Applicant: Neil Weisbard. 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 December 15, 2009, acting on Department of Buildings Application No. 120211476, reads in pertinent part: “Physical culture or health establishment is not permitted as of right in C5-2.5 zoning district. Refer to Board of Standards and Appeals for special permit pursuant to ZR 73-36;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site in a C5-2.5 zoning district within the Special Midtown District, the legalization of a physical culture establishment (“PCE”) on the second and third floors of a three-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on April 20, 2010 after due notice by publication in The City Record, and then to decision on May 25, 2010; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by Commissioner Ottley-Brown; and WHEREAS, Community Board 6, Manhattan, states that it has no objection to this application; and WHEREAS, the subject site is located on the 45th Street, between Lexington north side of East Avenue and Third Avenue, in a C5-2.5 zoning district within the Special Midtown District; and WHEREAS, the site is occupied by a three-story commercial building; and WHEREAS, the PCE occupies a total floor area of 1,932 sq. ft. on the second and third floors; and WHEREAS, the PCE is operated as River View Spa; and 331-09-BZ CEQR #10-BSA-036M that the evidence in the record supports the requisite findings pursuant to ZR §§ 73-36 and 73-03; and WHEREAS, the Board notes that the PCE has been in operation since April 1, 2008, without a special permit; and WHEREAS, accordingly, the Board has determined that the term of the grant shall be reduced for the period of time between April 1, 2008 and the date of this grant; and WHEREAS, the project is classified as an Unlisted action pursuant to 6 NYCRR Part 17.2; and WHEREAS, the Board has conducted an environmental review of the proposed action and has documented relevant information about the project in the Final Environmental Assessment Statement, CEQR No. 10BSA036M, dated December 12, 2009; and WHEREAS, the EAS documents that the operation of the PCE would not have significant adverse impacts on Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Hazardous Materials; Waterfront Revitalization Program; Infrastructure; Solid Waste and Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; Construction Impacts; and Public Health; and WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment. Therefore it is Resolved that the Board of Standards and Appe

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