41-07-BZ APPLICANT – Rothkrug Rothkrug & Spector, LLP, 17th 10th 17th and Associates LLC, owner; Equinox for Street, Inc., lessee. SUBJECT – Application February 28, 2017 – Extension of Term of a previously approved Special Permit (§73-36) which permitted the operation of a Physical Cultural Establishment (Equinox) on the cellar, ground, and mezzanine levels of a 24-story mix-use building which expires on May 8, 2017. C6-3 Special West Chelsea District. 17th PREMISES AFFECTED – 450 West Street aka 10th 100 Avenue, Block 1531, Lot 1, Borough of Manhattan. COMMUNITY BOARD # 4M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, this is an application for an extension of term of a special permit for the operation of a physical culture establishment (“PCE”) previously granted by the Board, which expired May 8, 2017; and WHEREAS, a public hearing was held on this application on August 8, 2017, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Community Board 4, Manhattan, recommends denial of this application for failure to provide documentation that the PCE offers special discounts to residents occupying affordable apartments in the subject building1; and WHEREAS, the subject site is located on the east side of Tenth Avenue, between West 16th Street and West 17th Street, in a C6-3 zoning district and the Special West Chelsea District, in Manhattan; and WHEREAS, the site has approximately 161 feet of frontage along Tenth Avenue, 300 feet of frontage along West 16th Street, 200 feet of frontage along West 17th Street, 52,875 square feet of lot area and is occupied by a 24-story, with cellar, mixed-use commercial and residential building; and WHEREAS, the Board has exercised jurisdiction over the subject site since May 8, 2007, when, under the subject calendar number, the Board granted a special permit for the operation of a PCE on portions of the cellar, first floor and mezzanine levels of the subject building for a term of ten (10) years, expiring May 8, 1 The Board notes that, while ZR § 73-36 authorizes the placement of appropriate conditions—such as the “location of signs and limitations on the manner and/or hours of operation” (emphasis in original)—on special permits so as to safeguard community character, the Board does not regulate PCE memberships. 41-07-BZ 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 the Department of Buildings; THAT fire safety measures shall be maintained as shown on the Board-approved plans; THAT all conditions from prior resolutions not specifically waived by the Board shall remain in effect; THAT other than as herein amended the resolution above cited shall be complied with in all respects; and THAT a new certificate of occupancy shall be obtained within one (1) year, by August 8, 2018.” Adopted by the Board of Standards and Appeals, August 8, 2017. A true copy of resolution adopted by the Board of Standards Printed in Bulletin Nos. 32-33, Vol. 102. Copies Sent To Applicant Fire Com'r. Borough Com'r.